24192 Federal Register / Vol. 87, No. 78 / Friday, April 22, 2022 / Notices 

The National Marine Fisheries Service 

(NMFS) also received an ITP application 

associated with the same HCP, and on 

March 18, 2022, published (87 FR 

15383) a notice of the availability 

inviting comment on the ITP 

applications, the HCP, and a draft 

environmental impact statement (Draft 

EIS) analyzing the potential effects of 

issuance of the respective ITPs by 

NMFS and FWS. NMFS is the lead 

Federal agency under the National 

Environmental Policy Act of 1969, as 

amended (NEPA), for this draft EIS. 

At this time, FWS issues this 

additional Federal Register notice to 

confirm that (a) FWS has received the 

ODF ITP application and HCP regarding 

species under FWS’s jurisdiction, and 

(b) FWS is inviting public comment on 

FWS’s consideration of the ITP and 

HCP, in conformance with ESA section 

10(c), through the same comment period 

process contained in the abovereferenced NMFS notice (87 FR 15383). 

ESA-Listed Species Under FWS 

Jurisdiction Included in the HCP 

• Northern spotted owl (Strix 

occidentalis): Threatened 

• Marbled murrelet (Brachyramphus 

marmoratus): Threatened 

• Coastal marten (Martes caurina): 

Threatened coastal distinct 

population segment (DPS) 

Non-ESA-Listed Species Addressed by 

the FWS Included in the HCP 

• Oregon slender salamander 

(Batrachoseps wrighti) 

• Columbia torrent salamander 

(Rhyacotriton kezeri) 

• Cascade torrent salamander 

(Rhyacotriton cascadae) 

• Red tree vole (Arborimus 

longicaudus) 

Species included in the HCP 

addressed by NMFS are identified in the 

NMFS notice of availability (87 FR 

15383). 

Background 

Section 9 of the ESA and its Federal 

regulations prohibit the taking of a 

species listed as endangered or 

threatened. The ESA defines ‘‘take’’ to 

mean to harass, harm, pursue, hunt, 

shoot, wound, kill, trap, capture, or 

collect, or to attempt to engage in any 

such conduct. FWS may issue permits, 

under limited circumstances, to take 

listed species incidental to, and not the 

purpose of, otherwise lawful activities 

pursuant to section 10(a)(1)(B) of the 

ESA and its implementing regulations 

(50 CFR 17.22(b) and 17.32(b)). On 

February 9, 2020, NMFS and FWS 

received separate applications from 

ODF for ITPs to authorize take of the 

above-mentioned species that may occur 

incidental to ODF’s forest and recreation 

management activities. These activities 

are identified in the NMFS notice of 

availability (87 FR 15383). The ITP 

applications and HCP also include nonlisted species; take coverage would 

become effective for these species if and 

when they become listed during the 

permit term. The HCP specifies the 

impacts that will likely result from the 

taking of the species and describes the 

steps that ODF will take to minimize 

and mitigate such impacts. 

The proposed issuance of the ITPs is 

considered a Federal action under 

NEPA, and NMFS determined that 

preparation of an EIS to analyze the 

potential impacts on the human 

environment was appropriate. A Draft 

EIS was prepared by NMFS in 

accordance with the requirements of 

NEPA (42 U.S.C. 4321 et seq.), with 

input from FWS as a cooperating 

agency. Further information regarding 

the Draft EIS is described in the NMFS 

notice of availability (87 FR 15383). 

In regard to the ITP application to the 

FWS and the supporting HCP, and as 

noted in the NMFS notice of 

availability, we specifically request 

information on the following: 

1. Biological information, analysis, 

and relevant data concerning the 

covered species under FWS jurisdiction, 

other wildlife, and ecosystems. 

2. Potential effects that the proposed 

permit actions could have on the 

covered species under FWS jurisdiction, 

and other endangered or threatened 

species, and their habitats, including the 

interaction of the effects of the project 

with climate change and other stressors. 

3. Adequacy of the proposed action to 

minimize and mitigate the impact of the 

taking on covered species. 

4. Other information relevant to the 

HCP. 

FWS and NMFS (the Services) will 

each make their permit decisions based 

on the statutory and regulatory criteria 

of the ESA. Their decisions will also be 

informed by the data, analyses, and 

findings in the EIS and public 

comments received on the Draft EIS and 

HCP accompanying the ITP 

applications. The Services will each 

document their determinations 

independently in an ESA section 10 

findings document, ESA section 7 

biological opinion, and NEPA Record of 

Decision (ROD) developed at the 

conclusion of the ESA and NEPA 

compliance processes. If the Services 

find that all requirements for issuance of 

the ITPs are met, they will issue the 

requested permits, subject to terms and 

conditions deemed necessary or 

appropriate to carry out the purposes of 

ESA section 10. 

Authority 

Section 10(c) of the ESA and its 

implementing regulations (50 CFR 17.22 

and 50 CFR 17.32). 

Robyn Thorson, 

Regional Director, U.S. Fish and Wildlife 

Service. 

[FR Doc. 2022–08663 Filed 4–21–22; 8:45 am] 

BILLING CODE 4333–15–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

[Docket No. FWS–R8–ES–2021–0164; 

FXES11140800000–223–FF08ECAR00] 

Receipt of Application for Renewal of 

Incidental Take Permit; Low-Effect 

Habitat Conservation Plan for the 

Threatened Coastal California 

Gnatcatcher, Los Angeles County, 

California 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Notice of receipt of permit 

renewal application; request for 

comments. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service (Service), have received 

an application from Monterey Park 

Retail Partners, LLC, for renewal of an 

incidental take permit pursuant to the 

Endangered Species Act. The applicant 

has requested a renewal that will extend 

permit authorization by 5 years from the 

date the permit is reissued. The permit 

would authorize take of the federally 

threatened coastal California 

gnatcatcher, incidental to otherwise 

lawful activities associated with the 

low-effect habitat conservation plan 

(HCP) for the Monterey Park Market 

Place Project in Los Angeles County, 

California. If the permit is renewed, no 

additional take above the original 

authorized limit of up to three pairs of 

coastal California gnatcatcher associated 

with permanent removal of 2.77 acres of 

coastal sage scrub and 9.12 acres of 

mulefat scrub and ruderal vegetation 

within the 62-acre development area 

will be authorized. We invite the public 

and local, State, Tribal, and Federal 

agencies to comment on the application, 

which includes the applicant’s current 

HCP. In accordance with the 

requirements of the National 

Environmental Policy Act (NEPA), we 

have prepared a draft low-effect 

screening form supporting our 

preliminary determination that the 

proposed action qualifies for a 

categorical exclusion under NEPA. To 


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Federal Register / Vol. 87, No. 78 / Friday, April 22, 2022 / Notices 24193 

make this determination, we reassessed 

our environmental action statement and 

low-effect screening form prepared for 

the current HCP, and this draft NEPA 

compliance documentation is also 

available for public review. 

DATES: We must receive your written 

comments on or before May 23, 2022. 

ADDRESSES: Document availability: 

Electronic copies of the documents this 

notice announces, along with public 

comments received, will be available 

online in Docket No. FWS–R8–ES– 

2021–0164 at https://

www.regulations.gov. 

Comment submission: In your 

comment, please specify whether your 

comment addresses the proposed HCP, 

draft environmental action statement, or 

any combination of the aforementioned 

documents, or other supporting 

documents. You may submit written 

comments by one of the following 

methods: 

• Online: https://

www.regulations.gov. Search for and 

submit comments on Docket No. FWS– 

R8–ES–2021–0164. 

• By hard copy: Submit comments by 

U.S. mail to Public Comments 

Processing, Attn: Docket No. FWS–R8– 

ES–2021–0164; U.S. Fish and Wildlife 

Service; 5275 Leesburg Pike, MS: PRB/ 

3W; Falls Church, VA 22041–3803. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Jonathan D. Snyder, Assistant Field 

Supervisor, Carlsbad Fish and Wildlife 

Office, 760–431–9440. 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 

telecommunicators 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 

U.S. Fish and Wildlife Service (Service), 

have received an application from 

Monterey Park Retail Partners, LLC 

(applicant), to renew incidental take 

permit TE20536C–0 under the 

Endangered Species Act of 1973, as 

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

The applicant has requested a renewal 

that would extend the permit 

authorization by 5 years from the date 

the permit is reissued. The existing 

permit is valid from February 6, 2017, 

to February 6, 2022. The applicant has 

agreed to follow all of the existing 

habitat conservation plan (HCP) 

conditions. The permit would authorize 

take of the federally threatened coastal 

California gnatcatcher (Polioptila 

californica californica), incidental to 

otherwise lawful activities associated 

with the low-effect HCP for the 

Monterey Park Market Place Project. If 

the permit is renewed, no additional 

take above the original authorized limit 

of up to three pairs of coastal California 

gnatcatcher associated with permanent 

removal of 2.77 acres of coastal sage 

scrub and 9.12 acres of mulefat scrub 

and ruderal vegetation within the 62- 

acre development area will be 

authorized. 

We invite the public and local, State, 

Tribal, and Federal agencies to comment 

on the application, which includes the 

applicant’s current low-effect HCP and 

our preliminary determination that the 

proposed action is categorically 

excluded under NEPA. To make this 

determination, we reassessed our 

environmental action statement and 

low-effect screening form prepared for 

the current HCP, and this draft NEPA 

compliance documentation is also 

available for public review. 

Background 

The coastal California gnatcatcher was 

listed by the Service as threatened on 

March 30, 1993 (58 FR 16742). Section 

9 of the ESA and its implementing 

Federal regulations prohibit the ‘‘take’’ 

of animal species listed as endangered 

or threatened. ‘‘Take’’ is defined under 

the ESA as to ‘‘harass, harm, pursue, 

hunt, shoot, wound, kill, trap, capture, 

or collect [listed animal species], or to 

attempt to engage in such conduct’’ (16 

U.S.C. 1538). ‘‘Harm’’ includes 

significant habitat modification or 

degradation that actually kills or injures 

listed wildlife by significantly impairing 

essential behavioral patterns, such as 

breeding, feeding, or sheltering (50 CFR 

17.3). However, under section 10(a) of 

the ESA, the Service may issue permits 

to authorize incidental take of listed 

species. ‘‘Incidental taking’’ is defined 

by the ESA implementing regulations as 

taking that is incidental to, and not the 

purpose of, carrying out an otherwise 

lawful activity (50 CFR 17.3). 

Regulations governing incidental take 

permits for endangered and threatened 

species, respectively, are found in the 

Code of Federal Regulations at 50 CFR 

17.22 and 50 CFR 17.32. Issuance of an 

incidental take permit also must not be 

likely to jeopardize the continued 

existence of any federally listed fish, 

wildlife, or plant species. All species 

included in the incidental take permit 

would receive assurances under our 

‘‘No Surprises’’ regulations (50 CFR 

17.22(b)(5) and 17.32(b)(5)). 

The applicant has applied for the 

renewal of their permit for incidental 

take for the threatened coastal California 

gnatcatcher. The potential taking would 

occur by activities associated with the 

construction of a commercial 

development (as defined in the HCP) in 

an area that supports suitable habitat for 

the covered species. The project is 

located on an approximately 62-acre 

property in Monterey Park, Los Angeles 

County, California. An incidental take 

permit was first issued for the HCP on 

February 6, 2017, and will expire on 

February 6, 2022. 

Public Availability of Comments 

Before including your address, phone 

number, email address, or other 

personal identifying information in your 

comment, you should be aware that 

your entire comment—including your 

personal identifying information—may 

be made publicly available at any time. 

While you may ask us in your comment 

to withhold your personal identifying 

information from public review, we 

cannot guarantee that we will be able to 

do so. 

Authority 

We provide this notice under section 

10(c) of the ESA (16 U.S.C. 1539) and 

NEPA regulations at 40 CFR 1506.6. 

Scott Sobiech, 

Field Supervisor, Carlsbad Fish and Wildlife 

Office, Carlsbad, California. 

[FR Doc. 2022–08634 Filed 4–21–22; 8:45 am] 

BILLING CODE 4333–15–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Indian Affairs 

[223A2100DD/AAKC001030/ 

A0A501010.999900] 

Indian Gaming; Approval of TribalState Class III Gaming Compact in the 

State of South Dakota 

AGENCY: Bureau of Indian Affairs, 

Interior. 

ACTION: Notice. 

SUMMARY: This notice publishes the 

approval of the Amendment to the 

Gaming Compact (Amendment) between 

the Standing Rock Sioux Tribe (Tribe) 

and the State of South Dakota (State). 

DATES: The Amendment takes effect on 

April 22, 2022. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Paula L. Hart, Director, Office of Indian 

Gaming, Office of the Deputy Assistant 

Secretary—Policy and Economic 

Development, Washington, DC 20240, 

paula.hart@bia.gov, (202) 219–4066. 

SUPPLEMENTARY INFORMATION: Under 

section 11 of the Indian Gaming 

Regulatory Act (IGRA), Public Law 100– 

497, 25 U.S.C. 2701 et seq., the 


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