1538 Federal Register / Vol. 90, No. 5 / Wednesday, January 8, 2025 / Notices 

ePermit No. Applicant Permit issuance date 

PER12017464 ... Keith R. Warren ......................................................................................................... November 18, 2024. 

PER12448370 ... Michael Merchant ...................................................................................................... November 18, 2024. 

PER12034356 ... Daniel Macerelli ......................................................................................................... November 18, 2024. 

PER12331219 ... Robert Arthur Sparks ................................................................................................. November 18, 2024. 

PER12540160 ... Drew O’Connor Dennison ......................................................................................... November 18, 2024. 

PER12540321 ... Max S. Buck .............................................................................................................. November 18, 2024. 

PER11200311 ... East Coast Zoological Society of Florida, Inc. .......................................................... November 19, 2024. 

PER12289890 ... Georgia Safari Conservation Park ............................................................................ November 19, 2024. 

PER12275493 ... Zoo Atlanta ................................................................................................................ November 19, 2024. 

PER11846441 ... San Diego Zoo Wildlife Alliance ................................................................................ December 4, 2024. 

PER12575644 ... Fresno’s Chafee Zoo ................................................................................................. December 4, 2024. 

Authorities 

We issue this notice under the 

authority of the Endangered Species 

Act, as amended (16 U.S.C. 1531 et 

seq.), and its implementing regulations. 

Timothy MacDonald, 

Government Information Specialist, Branch 

of Permits, Division of Management 

Authority. 

[FR Doc. 2025–00226 Filed 1–7–25; 8:45 am] 

BILLING CODE 4333–15–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

[Docket No. FWS–R8–ES–2024–0188; 

FXES11140800000–256–FF08EVEN00] 

Receipt of Incidental Take Permit 

Application and Proposed Habitat 

Conservation Plan for the Coastal 

California Gnatcatcher, Ventura 

County, CA; Categorical Exclusion 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Notice of availability; request 

for comment. 

SUMMARY: We, the Fish and Wildlife 

Service (Service), announce receipt of 

an application from Angie Harbin, 

Director—Natural Resources, Rincon 

Consultants, Inc., on behalf of Comstock 

Homes (applicant) for an incidental take 

permit (ITP) under the Endangered 

Species Act. The applicant requests the 

ITP to take the federally listed coastal 

California gnatcatcher (Polioptila 

californica californica) incidental to 

residential development in the City of 

Moorpark, in Ventura County, 

California. We request public comment 

on the application, which includes the 

applicant’s proposed habitat 

conservation plan (HCP), and on the 

Service’s preliminary determination that 

the proposed permitting action may be 

eligible for a categorical exclusion 

pursuant to the Council on 

Environmental Quality’s National 

Environmental Policy Act (NEPA) 

regulations, the Department of the 

Interior’s (DOI) NEPA regulations, and 

the DOI Departmental Manual. To make 

this preliminary determination, we 

prepared a low-effect screening form. 

The HCP and low-effect screening form 

are available for public review. We 

invite comment from the public and 

local, State, Tribal, and Federal 

agencies. 

DATES: We must receive your written 

comments on or before February 7, 

2025. 

ADDRESSES: 

Obtaining Documents: The documents 

this notice announces, as well as any 

comments and other materials that we 

receive, will be available for public 

inspection online in Docket No. FWS– 

R8–ES–2024–0188 at https://

www.regulations.gov. 

Submitting Comments: If you wish to 

submit comments on any of the 

documents, you may do so in writing by 

one of the following methods: 

• Online: https://

www.regulations.gov. Follow the 

instructions for submitting comments 

on Docket No. FWS–R8–ES–2024–0188. 

• U.S. mail: Public Comments 

Processing; Attn: Docket No. FWS–R8– 

ES–2024–0188; U.S. Fish and Wildlife 

Service; MS: PRB/3W; 5275 Leesburg 

Pike; Falls Church, VA 22041–3803. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Chris Dellith, Senior Fish and Wildlife 

Biologist, by email at chris_dellith@

fws.gov, via phone at 805–644–1766, or 

by U.S. mail at 2493 Portola Road, Suite 

B, Ventura, CA 93003. Individuals in 

the United States who are deaf, 

deafblind, hard of hearing, or have a 

speech disability may dial 711 (TTY, 

TDD, or TeleBraille) to access 

telecommunications relay services. 

Individuals outside the United States 

should use the relay services offered 

within their country to make 

international calls to the point-ofcontact in the United States. 

SUPPLEMENTARY INFORMATION: We, the 

Fish and Wildlife Service (Service), 

announce receipt of an application from 

Angie Harbin, Director—Natural 

Resources, Rincon Consultants, Inc., on 

behalf of Comstock Homes (applicant) 

for an incidental take permit (ITP) under 

the Endangered Species Act of 1973, as 

amended (ESA; 16 U.S.C. 1531 et seq.). 

The applicant requests the ITP to take 

the federally threatened coastal 

California gnatcatcher (Polioptila 

californica californica) incidental to the 

development of a mixed-density 

residential community (project) in the 

City of Moorpark, Ventura County, 

California. We request public comment 

on the application, which includes the 

applicant’s habitat conservation plan 

(HCP), and on the Service’s preliminary 

determination that this proposed ITP 

qualifies as low effect, and may qualify 

for a categorical exclusion pursuant to 

the Council on Environmental Quality’s 

National Environmental Policy Act 

(NEPA) regulations (40 CFR 1501.4), the 

Department of the Interior’s (DOI) NEPA 

regulations (43 CFR 46), and the DOI’s 

Departmental Manual (516 DM 

8.5(C)(2)). To make this preliminary 

determination, we prepared a low-effect 

screening form, also available for public 

review. 

Background 

On March 30, 1993 (58 FR 16742), the 

Service listed the coastal California 

gnatcatcher (Polioptila californica 

californica) as threatened. Section 9 of 

the ESA prohibits ‘‘take’’ of fish and 

wildlife species listed as endangered (16 

U.S.C. 1538), where take is defined to 

include the following activities: ‘‘to 

harass, harm, pursue, hunt, shoot, 

wound, kill, trap, capture, or collect, or 

to attempt to engage in any such 

conduct’’ (16 U.S.C. 1532). The take 

prohibitions of section 9 are extended to 

species listed as threatened at the 

discretion of the Secretary of the 

Department of the Interior and were 

extended to coastal California 

gnatcatcher, with exceptions. The 

Service published a 4(d) rule, which 

includes exceptions to incidental take 

associated land-use activities addressed 

in an approved Natural Community 

Conservation Planning Act program 


lotter on DSK11XQN23PROD with NOTICES1
Federal Register / Vol. 90, No. 5 / Wednesday, January 8, 2025 / Notices 1539 

undertaken by the State of California 

and local governments (December 10, 

1993; 58 FR 65088). 

Under section 10(a)(1)(B) of the ESA 

(16 U.S.C. 1539(a)(1)(B)), we may issue 

permits to authorize take of listed fish 

and wildlife species that is incidental 

to, and not the purpose of, carrying out 

an otherwise lawful activity. 

Regulations governing incidental take 

permits for endangered and threatened 

species are in the Code of Federal 

Regulations (CFR) at 50 CFR 17.22 and 

17.32, respectively. Issuance of an ITP 

also must not jeopardize the existence of 

federally listed fish, wildlife, or plant 

species. The permittee would receive 

assurances under our ‘‘No Surprises’’ 

regulations (50 CFR 17.22(b)(5) and 

17.32(b)(5)). 

Applicant’s Proposed Activities 

The applicant has applied for a permit 

for incidental take of the coastal 

California gnatcatcher. The take would 

occur in association with activities 

necessary for the development of a 

largely vacant 277.30-acre (ac) site by 

constructing residences, a neighborhood 

park site, and flood-control facilities, as 

well as enhancement of disturbed 

coastal sage scrub vegetation on 52.77 ac 

of conserved land for the coastal 

California gnatcatcher. 

The HCP includes avoidance and 

minimization measures for the coastal 

California gnatcatcher, and mitigation 

for unavoidable loss of occupied habitat. 

The applicant will commensurately 

offset impacts by placing conservation 

easements over approximately 29.44 ac 

of the project site and enhancing 23.33 

ac on adjacent parcels of conserved 

open space areas owned by the City of 

Moorpark. 

Public Availability of Comments 

If you submit a comment at https://

www.regulations.gov, your entire 

comment, including any personal 

identifying information, will be posted 

on the website. 

If you submit a hardcopy comment 

that includes personal identifying 

information, such as your address, 

phone number, or email address, you 

should be aware that your entire 

comment, including your personal 

identifying information, may be made 

publicly available at any time. While 

you can ask us in your hardcopy 

document to withhold your personal 

identifying information from public 

review, we cannot guarantee that we 

will be able to do so. 

Our Preliminary Determination 

The Service has made a preliminary 

determination that the applicant’s 

proposed project would individually 

and cumulatively have a minor effect on 

the coastal California gnatcatcher and 

the human environment. Therefore, we 

have preliminarily determined that the 

proposed ESA section 10(a)(1)(B) permit 

would be a ‘‘low-effect’’ ITP that 

individually or cumulatively would 

have a minor effect on the species and 

may qualify for application of a 

categorical exclusion pursuant to the 

Council on Environmental Quality’s 

NEPA regulations, DOI’s NEPA 

regulations, and the DOI Departmental 

Manual. A ‘‘low-effect’’ ITP is one that 

would result in (1) minor or 

nonsignificant effects on species 

covered in the HCP; (2) nonsignificant 

effects on the human environment; and 

(3) impacts that, when added together 

with the impacts of other past, present, 

and reasonable foreseeable actions, 

would not result in significant 

cumulative effects to the human 

environment. 

Next Steps 

The Service will evaluate the 

application and the comments received 

to determine whether to issue the 

requested ITP. We will also conduct an 

intra-Service consultation pursuant to 

section 7 of the ESA to evaluate the 

effects of the proposed take. After 

considering the preceding and other 

matters, we will determine whether the 

permit issuance criteria of section 

10(a)(1)(B) of the ESA have been met. If 

met, the Service will issue an ITP to the 

applicant. 

Authority 

We provide this notice under section 

10(c) of the Endangered Species Act (16 

U.S.C. 1531 et seq.) and its 

implementing regulations (50 CFR 17.22 

and 17.32) and the National 

Environmental Policy Act (42 U.S.C. 

4321 et seq.) and its implementing 

regulations (40 CFR 1500–1508 and 43 

CFR 46). 

Catherine Darst, 

Acting Field Supervisor, Ventura Fish and 

Wildlife Office, Ventura, California. 

[FR Doc. 2025–00230 Filed 1–7–25; 8:45 am] 

BILLING CODE 4333–15–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Indian Affairs 

[256A2100DD/AAKC001030/ 

A0A501010.999900] 

Indian Gaming; Approval by Operation 

of Law Tribal-State Class III Gaming 

Compact Amendment Between the Ho 

Chunk Nation and the State of 

Wisconsin 

AGENCY: Bureau of Indian Affairs, 

Interior. 

ACTION: Notice. 

SUMMARY: This notice announces the 

approval by operation of law the 2024 

Amendments to the Ho Chunk Nation 

and the State of Wisconsin Gaming 

Compact of 1992, as Amended in 1999, 

2003, and 2008 governing the operation 

and regulation of class III gaming 

activities. The 2024 Amendment adds 

event wagering and geofenced remote 

wagering as authorized class III gaming, 

provides for minimum internal control 

standards to conduct event wagering, 

changes exclusivity payment deduction 

limits and types of qualifying expenses, 

and adds additional class III facility 

locations. 

DATES: The Amendment takes effect on 

January 8, 2025. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Paula L. Hart, Director, Office of Indian 

Gaming, Office of the Assistant 

Secretary—Indian Affairs, Washington, 

DC 20240, IndianGaming@bia.gov; (202) 

219–4066. 

SUPPLEMENTARY INFORMATION: The 

Indian Gaming Regulatory Act of 1988, 

25 U.S.C. 2701 et seq., (IGRA) provides 

the Secretary of the Interior (Secretary) 

with 45 days to review and approve or 

disapprove the Tribal-State compact 

governing the conduct of class III 

gaming activity on the Tribe’s Indian 

lands. See 25 U.S.C. 2710(d)(8). If the 

Secretary does not approve or 

disapprove a Tribal-State compact 

within the 45 days, IGRA provides the 

Tribal-State compact is considered to 

have been approved by the Secretary, 

but only to the extent the compact is 

consistent with IGRA. See 25 U.S.C. 

2710(d)(8)(D). The IGRA also requires 

the Secretary to publish a notice in the 

Federal Register of the approved TribalState compacts for the purpose of 

engaging in Class III gaming activities 

on Indian lands. See 25 U.S.C. 

2710(d)(8)(D). The Department’s 

regulations at 25 CFR 293.4 require all 

compacts and amendments to be 

reviewed and approved by the Secretary 

prior to taking effect. The Secretary took 

no action on the 2024 Amendments to 


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