INTRA-SERVICE SECTION 7 BIOLOGICAL EVALUATION FORM

Originating Person: Boyd Blihovde, Refuge Manager Telephone Number: 956-245-7823 Date: January 19, 2020

I. Region: Southwest

II. Service Activity (Program): Proposed expansion of Hunt Program at Laguna Atascosa National Wildlife Refuge (LANWR) to include Bahia Grande, LANWR Subunit 4, LANWR Subunit 7, and La Selva Verde Unit. Proposed approval of new Refuge Hunt Plan: “Laguna Atascosa National Wildlife Refuge White-tailed Deer, Exotic Ungulate, and American Alligator Hunt Plan”

III. Pertinent Species and Habitat:

A. Listed species and/or their critical habitat within the action area:

Laguna Atascosa NWR–Cameron County, TX

Ocelot (Leopardus pardalis), no Designated Critical Habitat – Dense brush habitat on lomas/uplands. Jaguarundi (Puma yagouaroundi cacomitli), no Designated Critical Habitat – Dense brush habitat and cordgrass habitats. Northern Aplomado Falcon (Falco femoralis septentrionalis), no Designated Critical Habitat – Coastal “prairie” /savannah grassland. Piping Plover (Charadrius melodus), Designated Critical Habitat – Shoreline: coastal beaches, sandflats, and mudflats. Red Knot (Calidris canutus), no Designated Critical Habitat – Shoreline: sandy beaches, saltmarshes, lagoons, mudflats, salt ponds, and mangrove swamps.

B. Proposed species and/or proposed critical habitat within the action area:

Eastern Black Rail (Laterallus jamaicensis jamaicensis), no proposed Designated Critical Habitat – Coastal wetlands and marshes.

C. Candidate species within the action area:

None.

D. The ocelot, jaguarundi, Northern Aplomado Falcon, Piping Plover, Red Knot, and Eastern Black Rail may occur within suitable habitat within Laguna Atascosa NWR. See attached map.

IV. Geographic area or station name and action: Laguna Atascosa National Wildlife Refuge.

V. Location: See attached map.

A. County and state: Cameron, Texas.

B. Latitude and longitude: 26°13'41.71"N; 97°20'53.19"W (Refuge Headquarters).

C. Distance (miles) and direction to nearest town: 14 miles directly east of Rio Hondo, TX (to refuge headquarters).

VI. Description of proposed action: The refuge has prepared a hunt plan (The Laguna Atascosa National Wildlife Refuge White-tailed Deer, Exotic Ungulate, and Alligator Hunt Plan), which is presented in this document as the Proposed Action Alternative. Under the Proposed Action Alternative, the Service seeks to expand hunting opportunities to include three new opportunities: 1) expansion of hunting on the Laguna Atascosa Unit, 2) opening Bahia Grande Unit to hunting, and 3) providing an opportunity to hunt alligators on LANWR Subunit 6.

The Bahia Grande Unit is a large, singular tract and has large populations of non-native nilgai antelope and feral hogs. The LRGVNWR owns 3,865 huntable acres of those being proposed and therefore, the Hunt Plan will also be approved by the LRGVNWR Manager before implementation. This unit includes approximately 9,293 total huntable acres proposed to be opened to nilgai antelope and feral hog hunting for archery and muzzleloader/slug-only shotgun hunts only. Up to 150 archery permits and 150 muzzleloader/slug-only shotgun permits may be issued annually for the Bahia Grande Unit.

As part of this alternative, 4,366 huntable acres that make up Laguna Atascosa’s Subunit 4 will be opened to nilgai antelope and feral hog hunting during firearm hunts. A maximum of 50 firearm permits may be issued annually. This subunit is located north of the Harlingen Ship Channel on an island of coastal prairie and isolated thornscrub patches. The hunt will be accessible by boat only. Approximately 9,400 huntable acres in Subunit 7 are also proposed to be opened for youth firearm hunts during the months of April and May only. These hunts would be open to no more than 30 youth. Each youth hunter, age 9 to 17, must be under the direct supervision of an adult age 18 or older..

In addition, a new refuge hunt for American alligators (alligators) within the Laguna Atascosa Unit is proposed for either spring or fall. There would be a maximum of 20 permits issued annually in a geographically restricted portion of human-made canals and a portion of the Cayo Atascosa within Subunit 6, to which there is limited access. The new hunt for this species is proposed to help the refuge control population numbers, especially during periods of high rainfall and overall high water when American alligators are more conspicuous and numbers may increase.

The proposed action is consistent with Goal 3 of the refuge’s 2010 CCP which calls for enhancement of hunting access and opportunities for compatible, safe, quality hunting experiences for a diverse public. Under the proposed alternative, up to 45,086 acres may be open to hunting (25,086 acres more than Alternative A). As in Alternative A, only white-tailed deer, feral hogs, and nilgai antelope will be hunted on the refuge during the typical period (November through January). American alligator hunts will occur within the designated TPWD hunt season and follow the State regulations and bag limits. Youth hunts would be conducted in April and May, while exotic-only hunts (e.g., feral hog and nilgai antelope) would continue to be conducted between October and early March. In total, the Service is proposing to issue an additional 420 hunt permits annually for all new hunt acreage and new hunted species..

This alternative offers increased opportunities for public hunting/fishing and fulfills the Service’s mandate under the National Wildlife Refuge System Improvement Act of 1997. The Service has determined that the hunt plan is compatible with the purposes of the Laguna Atascosa National Wildlife Refuge and the mission of the NWRS.

VII. Determination of Effects:

A. Explanation of effects of the action on species and critical habitat in item III A:

The ocelot was listed as endangered internationally (without critical habitat) in 1972 due primarily to over-collection for the fur trade, habitat loss, and habitat fragmentation (37 FR 2589) and listed domestically in 1982 (47 FR 31670). Ocelots are medium-sized wild cats, weighing between 20 and 25 pounds as adults, with striking coats marked by black- rimmed spots and chain-like streaks. Two black cheek stripes on each side surrounding an almost white area characterize the face pattern of ocelots. The underside is snowy white with black spots, and the tail is ringed or barred with black on the upper side, whitish on the underside, and black tipped. Like most wild cats, the backs of the rounded ears are black with a white central spot. This species prefers dense thornscrub or brush occurring along riparian areas, drainages, lomas, and other uplands, but it has also been found in other dense habitats such as live oak forest with brushy understory. Optimal habitat consists of dense thornscrub with 95% or more canopy cover (USFWS 1990). One of two known breeding populations of ocelot in the U.S. occurs on Laguna Atascosa NWR. Ocelots may occur in/near areas where hunting is taking place. Hunters typically avoid entering the dense brush areas where these cats typically occur but do hunt adjacent to these areas and drive their vehicles in areas of known ocelot presence. Vehicle collisions are the largest cause of known ocelot mortalities, so increased vehicle activity within areas of ocelot occupancy has the potential to increase the risk of ocelots getting hit by vehicles. By following the measures presented in the next section, the proposed action, which includes additional hunts in Bahia Grande and LANWR Subunit 4, may affect, but is not likely to adversely affect this species.

The Gulf Coast jaguarundi was listed as endangered (without critical habitat) in 1976 (41 FR 24062) due primarily to habitat loss and habitat fragmentation. This subspecies is a small, exceedingly rare wild cat in the United States weighing between 8 and 16 pounds, with a relatively long tail and short legs. This felid has been documented in the past on Laguna Atascosa NWR, but not recently. The last known record of a jaguarundi in the United States was in 1986 along State Highway 4, just east of Brownsville, Texas. There have been several reported sightings of jaguarundis in the local area. However, despite ongoing efforts using remote cameras and live-trapping to document the existence of these cats, particularly at LANWR, no jaguarundi have been detected on the refuge or anywhere in the surrounding areas. It is now estimated that less than 15 cats may possibly exist in South Texas (Klepper 2005). Just like the ocelot, brush clearing activities in the Lower Rio Grande Valley of Texas (Valley) have eliminated much of their habitat, leading to their endangered status. Efforts aimed at acquiring, protecting, and restoring native brush are necessary in order to support any remaining cats, particularly in eastern Cameron and Willacy counties. Jaguarundis have not been documented on the refuge recently but suitable habitat exists on the refuge in areas where hunts may be occurring. Vehicle collision is also a threat to jaguarundi, as evidenced by the fact that the jaguarundi recorded in 1986 was discovered as a road-killed specimen. However, due to the fact there is no evidence of the presence of jaguarundi on the refuge, hunting is not likely to adversely affect this species.

The Northern Aplomado Falcon was listed as endangered in 1986 (51 FR 6686) due to its extirpation in the U.S. as a breeding bird and evidence of pesticide contamination and population declines in eastern Mexico (USFWS 1990b). In South Texas, Aplomado Falcons typically occur in coastal prairie or savanna grasslands containing scattered, but prominent, woody vegetation such as yuccas or mesquites. Egg collection cards and other historical records (Oberholser 1974) indicate that the species was apparently concentrated in the “salt prairie” between Brownsville and Port Isabel, as this is where major collecting activities were occurring in the late 1800s-early 1900s (Hotchkiss 1939). In South Texas, the Aplomado Falcon has made a comeback due to an aggressive recovery program that began in the late 1980s to early 1990s, involving captive breeding and reintroduction efforts by The Peregrine Fund. Currently, about 16-20 nesting territories are recorded in the Valley each year based on surveys. Several of these territories occur on the refuge. Aplomado Falcons may occur in open, salt prairie areas adjacent to hunt areas. Since hunts occur outside of the Aplomado Falcon nesting period, hunts are not known to adversely affect nesting. There may be minor human disturbance to any falcons present in areas where hunts are occurring, however Aplomado Falcons are generally tolerant of human presence, except during nesting. Therefore, based on the proximity and timing of the hunts outside of the falcon’s breeding season, the proposed action is not likely to adversely affect this species.

The Piping Plover, named for its melodic mating call, is a small, pale-colored North American shorebird. It weighs 43-63 grams (1.5-2.25 ounces) and is 17-18 centimeters (about 8 inches) long. Its light sand-colored plumage blends in well with beaches and sand flats, part of its primary habitat. The species was listed in 1985 (50 FR 50720) as endangered in the Great Lakes watershed (Illinois, Indiana, Michigan, northeastern Minnesota, New York, Ohio, Pennsylvania, Wisconsin, and Ontario, Canada) and as threatened elsewhere within its range due to habitat loss. All Piping Plovers on migratory routes outside of the Great Lakes watershed or on their wintering grounds are considered threatened. Piping Plovers winter in coastal areas of the United States from North Carolina to Texas, where their habitats include beaches, mud flats, sand flats, algal flats, and washover passes (areas where breaks in the sand dunes result in an inlet). Piping Plover Critical Habitat was designated in 2001 (66 FR 36037). The primary constituent elements are found in coastal areas that support intertidal beaches and flats (between annual low tide and annual high tide) and associated dune systems and flats above annual high tide. While there could be minimal human disturbance to Piping Plovers present in areas where hunts are occurring, the proposed action is not likely to adversely affect this species or its designated critical habitat.

The Red Knot was listed as a threatened species in 2015 (79 FR 73705) due to food shortages at a key resting point during their spring migration. The Red Knot is a medium-sized shorebird about 9 to 11 inches (23 to 28 centimeters) in length. A migratory shorebird, the Red Knot breeds in the Canadian Arctic, winters in parts of the United States, the Caribbean, and South America, and primarily uses well-known key staging and stopover areas to rest and feed, including along the coast of the Gulf of Mexico. While there could be minimal human disturbance to Red Knots present in areas where hunts are occurring, the proposed action is not likely to adversely affect this species.

The Eastern Black Rail was proposed for listing under the Endangered Species Act as endangered or threatened in 2018 (83 FR 50610) due to habitat loss and destruction, primarily because of sea-level rise and tidal flooding, incompatible land management, and increasing storm intensity and frequency. The Eastern Black Rail is one of four recognized subspecies of black rail. Males and females are similar in size, and adults are generally pale to blackish gray, with a small blackish bill and bright red eyes. Eastern Black Rail egg laying and incubation primarily occur from May to August, with some early nesting in March and April. The nature of migration for the Eastern Black Rail is poorly understood. Preliminary results suggest there are two populations of Eastern Black Rail in the south-central United States: A migratory population breeding in Colorado and Kansas, and wintering in Texas; and a non-migratory population living in Texas year-round. Eastern Black Rails are found in a variety of salt, brackish, and freshwater marsh habitats that can be tidally or non-tidally influenced. Within these habitats, the birds occupy relatively high elevations along heavily vegetated wetland gradients, with soils that are moist or flooded to a shallow depth. The Eastern Black Rail is a wetland dependent subspecies. While it can be found in salt, brackish, and freshwater marshes that are tidally or non-tidally influenced, it has a very specific niche habitat. It requires dense herbaceous vegetation to provide shelter and cover and areas for protected nest sites; it is not found in areas with woody vegetation. While there could be minimal human disturbance to Eastern Black Rail present in areas where hunts are occurring, the timing of the hunts falls outside of the resident Eastern Black Rail’s nesting season. Therefore, the proposed action is not likely to adversely affect this species.

B. Explanation of actions to be implemented to reduce adverse effects:

The refuge will adhere to all pertinent laws and regulations (e.g., Endangered Species Act, Migratory Bird Treaty Act) with respect to implementation of hunting program activities. The refuge will ensure that adequate law enforcement is present during the conduct of the hunts to ensure hunters comply with refuge rules and regulations.

The following avoidance and minimization measures will reduce the potential for any significant disturbance to the listed and proposed species present across the hunt action area, thus leading to the determination that the hunt plan may affect, but is not likely to adversely affect listed and proposed species. During all hunts, vehicle speed limits will be posted clearly and enforced by USFWS Law Enforcement Officers to reduce risk of vehicle collisions with ocelots (and jaguarundi). The refuge will prioritize hosting youth hunts in LANWR Subunit 7 in April and May. These hunts will be carefully controlled by limiting the locations and mobility of youth hunters and their adult guide. Youth hunt groups will be guided or dropped off and picked up at designated locations along the Steve Thompson Wildlife Drive within Subunit 7. Therefore, transportation in the area will be guided by refuge personnel, which will limit vehicle presence in Subunit 7, as well as ensure that vehicles within the subunit are driven by those well-versed in the risk of vehicle collision with listed species. Youth hunt areas within Subunit 7 will be located where there is a known incidence of game species, but at least 200 yards distance from the thornscrub habitat in which ocelots occur. With the exception of the closely- controlled youth hunt, the refuge will prioritize all hunts scheduled October through February to avoid interfering with the pre-nesting establishment and nesting time period of the Aplomado Falcon and resident Eastern Black Rails. Because hunting will generally occur away from shoreline and mudflat areas, and only during species’ wintering periods, there will be minimal disturbance to Piping Plovers, Red Knots, and Eastern Black Rails.

If any hunt activities are found to be causing or potentially causing adverse impacts to any federally-listed species, this activity will be suspended and the refuge will re-initiate consultation with the Corpus Christi Ecological Services Field Office. Likewise, if modifications result in changes to the effects analysis, or include actions that are not considered in this document, the refuge will re-initiate consultation or consult with the Corpus Christi Ecological Services Field Office over any proposed actions that may affect federally-listed species and/or critical habitat.

VIII. Effect determination and response requested: [* = optional]

A. Listed species/designated critical habitat:

Determination Response Requested

No effect on species/critical habitat (species: none) _____*Concurrence

May affect, is not likely to adversely affect species /critical habitat (species: Ocelot, Jaguarundi, Northern Aplomado Falcon, Piping Plover, Red Knot) X Concurrence

May affect, is likely to adversely affect species /critical habitat (species: none) _____ Formal Consultation

B. Proposed species/proposed critical habitat:

Determination Response Requested

No effect on proposed species/critical habitat (species: none) ______*Concurrence

Is not likely to jeopardize proposed species/ Adversely modify proposed critical habitat (species: Eastern Black Rail) X Concurrence

Is likely to jeopardize proposed species/ Adversely modify proposed critical habitat (species: none) ______Conference

, 2020 C. Candidate species:

Determination Response Requested

No effect on candidate species (species: n/a) ______*Concurrence

Is not likely to jeopardize candidate species (species: n/a) __X___ Concurrence

Is likely to jeopardize candidate species (species: n/a) ______Conference

, Refuge Manager January 19, 2020 ______Signature Date [Title/office of supervisor at originating office]

IX. Reviewing ESFO Evaluations:

A. Concurrence: ______x Nonconcurrence: ______

B. Formal consultation required: ______

C. Conference required ______

D. Informal conference required ______

E. Remarks (attach additional pages as needed):

______Signature Date [Title/office of reviewing official] References:

Klepper, D.E. 2005. Rarest Cat of All. Article published in Texas Parks and Wildlife Department Magazine-September 2005, Vol. 63, No. 9. pp. 55 and 63.

Hotchkiss, N. June 27, 1939. Rio Grande Delta, Texas. Biological Reconnaissance Report. Unpubl. Rpt. 12pp.

Oberholser, H.C. 1974. The Bird Life of Texas. Vol. 1, (E. Kincaid, ed.). Univ. Texas Press, Austin. 530pp.

U.S. Fish and Wildlife Service 1990. Listed Cats of Texas and Arizona Recovery Plan (With Emphasis on the Ocelot). USFWS, Albuquerque, New Mexico. 131pp.

U.S. Fish and Wildlife Service 1990b. Northern Aplomado Falcon Recovery Plan. U.S. Fish and Wildlife Service, Albuquerque, New Mexico 56pp.

Attachments (2) Attachment 1: General Location Map.

Attachment 2: Laguna Unit showing proposed Subunit 4 hunt area (large parcel north of the Harlingen Ship Channel).

Laguna Atascosa NWR Unit showing Subunits. Hunting is currently allowed on all LANWR Subunits except 4 and 7. Proposed action includes opening up Subunits 4 and 7 on the LANWR Unit to hunting.