Receipt of Applications for Permit, 17210-17211 [E9-8390]
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Federal Register / Vol. 74, No. 70 / Tuesday, April 14, 2009 / Notices
Department, and such other law
enforcement officials as may be
authorized under federal or Tribal law.
(d) The licensed premises shall be
open to inspection by duly authorized
Tribal officials at all times during the
regular business hours.
(e) Subject to the provisions of
subsection ‘‘f’’ of this section, no
intoxicating beverages shall be sold,
served, disposed of, delivered, or given
to any person, or consumed on the
licensed premises except in conformity
with the hours and days prescribed by
the laws of the State of Michigan, and
in accordance with the hours fixed by
the Tribal Council, provided that the
licensed premises shall not operate or
open earlier or operate or close later
than is permitted by the laws of the
State of Michigan.
(f) No liquor shall be sold within 200
feet of a polling place on Tribal election
days, or when a referendum is held of
the people of the Tribe, or on special
days of observance as designated by the
Tribal Council.
(g) Any spirits resold for consumption
at a Class III gaming establishment shall
be purchased from the Michigan Liquor
Control Commission, and beer and wine
from distributors licensed by the
Michigan Liquor Control Commission.
(h) All acts and transactions under
authority of the Tribal liquor license
shall be in conformity with the laws of
the State of Michigan, and shall be in
accordance with this Ordinance and any
Tribal license issued pursuant to this
Ordinance.
(i) No person under the age permitted
under the law of the State of Michigan
shall be sold, served, delivered, given or
allowed to consume alcoholic beverages
in the licensed establishment and/or
area.
(j) Alcoholic beverages shall not be
given away in any facility licensed
under this Ordinance.
(k) No person licensed under this
Ordinance shall sell, deliver, give away,
or cause to be sold, delivered, or given
away any alcoholic beverage to any
intoxicated person, or any person who
appears to be intoxicated.
Section 107. License Not a Property
Right
Notwithstanding any other provision
of this Ordinance, a Tribal liquor license
is a mere permit for a fixed duration of
time. A Tribal liquor license shall not be
deemed a property right or vested right
of any kind, and the granting of a Tribal
liquor license shall not give rise to a
presumption or legal entitlement to the
granting of such license for a subsequent
time period.
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16:39 Apr 13, 2009
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Section 108. Assignment or Transfer
No Tribal license issued under this
Ordinance shall be assigned or
transferred without the written approval
of the Tribal Council expressed by
formal resolution.
Section 109. Cancellation and
Suspension
Any license issued hereunder may be
suspended or canceled by the Tribal
Council for the breach of any of the
provisions of this Ordinance, or of the
Tribal license, upon hearing before the
Tribal Council after 10 days notice to
the licensee. The decision of the Tribal
Council shall be final.
Section 110. Incorporation of Michigan
Laws by Reference
(a) In accordance with 18 U.S.C. 1161,
the Tribe hereby adopts and applies as
tribal law those Michigan laws, as
amended, relating to the sale and
regulation of alcoholic beverages
encompassing the following areas: sale
to a minor; sale to a visibly intoxicated
individual; sale of adulterated or
misbranded liquor; hours of operation;
and similar substantive provisions. The
tribal laws that are defined by reference
to the substantive areas of Michigan
laws referred to in this section shall
apply in the same manner and to the
same extent as such laws apply
elsewhere in Michigan to offReservation transactions unless
otherwise agreed by the Tribe and State.
(b) Whenever such Michigan laws are
incorporated by reference, amendments
to those laws shall also be deemed to be
incorporated upon their effective date in
the State of Michigan, without further
action by the Tribal Council.
(c) Nothing in this Ordinance shall be
construed as a consent by the Tribe to
the jurisdiction of the State of Michigan
or any of its courts or subordinate
political subdivisions or municipalities
within the Reservation over any activity
arising under or related to the subject of
this Ordinance, nor shall anything in
this Ordinance constitute an express or
implied waiver of the sovereign
immunity of the Tribe.
Section 111. General Penalties
Any person adjudged to be in
violation of this Ordinance, including
any lawful regulation under this
Ordinance, shall be subject to a civil
fine of not more than five hundred
dollars ($500.00) for each such
violation. The Tribal Council may adopt
by resolution a separate schedule for
fines for each type of violation, taking
into account the seriousness and threat
the violation may pose to the general
health and welfare. Such schedule may
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also provide, in the case of repeated
violations, for imposition of monetary
penalties greater than the five hundred
dollar ($500.00) limitation set forth
above. The penalties provided for in this
section shall be in addition to any
criminal penalties that may be imposed
under applicable law.
Section 112. Initiation of Action
Any violation of this Ordinance shall
constitute a public nuisance. The Tribe
may initiate and maintain an action in
Tribal Court to abate and permanently
enjoin any nuisance declared under this
Ordinance. Any action taken under this
section shall be in addition to any other
penalties provided for in this Ordinance
or elsewhere under Tribal or federal
law. The Tribe shall not be required to
give bond in an action under this
section.
Section 113. Regulations
The Tribal Council is authorized to
adopt such regulations as may be
necessary to implement the provisions
of this Ordinance.
NOTICE OF APPLICATION FOR
RETAIL ALCOHOLIC BEVERAGES
LICENSE [or other purpose]
The Tribal Council hereby gives notice
that on the ll day of ll, ll, [name
of applicant] filed an application for a
Tribe retail beverages license [or to
transfer, or renew a license as the case
may be] for [identify location of
premises where beverages are to be
sold]. Residents of ll county
[counties], or any person who has
extended credit to the transferor, may
protest against the issuance [or transfer
or renewal] of the license. Protests may
be mailed to the Tribe, Administration
Building, ll, Michigan, ll, on or
before the ll day of ll, ll.
Dated ll Signedllll
[FR Doc. E9–8449 Filed 4–13–09; 8:45 am]
BILLING CODE 4310–4J–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS–R9–IA–2009–N0078; 96300–1671–
0000–P5]
Receipt of Applications for Permit
AGENCY: Fish and Wildlife Service,
Interior.
ACTION: Notice of receipt of applications
for permit.
SUMMARY: We, the U.S. Fish and
Wildlife Service, invite the public to
comment on the following applications
to conduct certain activities with
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Federal Register / Vol. 74, No. 70 / Tuesday, April 14, 2009 / Notices
endangered species and/or marine
mammals. Both the Endangered Species
Act and the Marine Mammal Protection
Act require that we invite public
comment on these permit applications.
DATES: Written data, comments or
requests must be received by May 14,
2009.
Documents and other
information submitted with these
applications are available for review,
subject to the requirements of the
Privacy Act and Freedom of Information
Act, by any party who submits a written
request for a copy of such documents
within 30 days of the date of publication
of this notice to: U.S. Fish and Wildlife
Service, Division of Management
Authority, 4401 North Fairfax Drive,
Room 212, Arlington, Virginia 22203;
fax 703/358–2281.
FOR FURTHER INFORMATION CONTACT:
Division of Management Authority,
telephone 703/358–2104.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
Endangered Species
The public is invited to comment on
the following applications for a permit
to conduct certain activities with
endangered species. This notice is
provided pursuant to Section 10(c) of
the Endangered Species Act of 1973, as
amended (16 U.S.C. 1531 et seq.).
Written data, comments, or requests for
copies of these complete applications
should be submitted to the Director
(address above).
Applicant: Richard E. McFalls,
Alabaster, AL, PRT–209358.
The applicant requests a permit to
import the sport-hunted trophy of one
male bontebok (Damaliscus pygargus
pygargus) culled from a captive herd
maintained under the management
program of the Republic of South Africa,
for the purpose of enhancement of the
survival of the species.
Marine Mammals
The public is invited to comment on
the following application for a permit to
conduct certain activities with marine
mammals. The application was
submitted to satisfy requirements of the
Marine Mammal Protection Act of 1972,
as amended (16 U.S.C. 1361 et seq.), and
the regulations governing marine
mammals (50 CFR part 18). Written
data, comments, or requests for copies
of the complete applications or requests
for a public hearing on these
applications should be submitted to the
Director (address above). Anyone
requesting a hearing should give
specific reasons why a hearing would be
appropriate. The holding of such a
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16:39 Apr 13, 2009
Jkt 217001
hearing is at the discretion of the
Director.
Applicant: U.S. Geological Survey,
Alaska Science Center, Anchorage,
AK, PRT–690038.
The applicant requests an amendment
to the permit to take polar bears (Ursus
maritimus) by using internal
temperature data-loggers, collecting
muscle biopsies, and using glue-on or
ear tag radio transmitters for the
purpose of scientific research. This
notification covers activities to be
conducted by the applicant over the
remainder of the 5-year permit.
Concurrent with the publication of
this notice in the Federal Register, the
Division of Management Authority is
forwarding copies of the above
applications to the Marine Mammal
Commission and the Committee of
Scientific Advisors for their review.
Dated: April 3, 2009.
Lisa J. Lierheimer,
Senior Permit Biologist, Branch of Permits,
Division of Management Authority.
[FR Doc. E9–8390 Filed 4–13–09; 8:45 am]
BILLING CODE 4310–55–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS–R2–ES–2008–N0224; 21450–1112–
0000–F2]
Regional Habitat Conservation Plan,
Williamson County, TX
AGENCY: Fish and Wildlife Service,
Department of the Interior.
ACTION: Notice of availability of record
of decision.
SUMMARY: We, the U.S. Fish and
Wildlife Service (Service), make
available a record of decision (ROD)
under the National Environmental
Policy Act of 1969 (NEPA). This ROD
documents our decision to select an
alternative including implementation of
the Williamson County Regional Habitat
Conservation Plan (RHCP). Our selected
action (Alternative B, described below
and in the ROD) entails the issuance of
a 30-year incidental take permit (ITP) to
Williamson County, Texas (the County),
to incidentally take golden-cheeked
warbler (Dendroica chrysoparia), blackcapped vireo (Vireo atricapilla), Bone
Cave harvestman (Texella reyesi), and
Coffin Cave mold beetle (Batrisodes
texanus). The RHCP will mitigate for
take by purchasing mitigation credits in
an existing conservation bank and by
acquiring and managing replacement
habitats and additional conservation
measures as specifically described in
the RHCP.
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17211
FOR FURTHER INFORMATION CONTACT: Mr.
Bill Seawell, U.S. Fish and Wildlife
Service, 10711 Burnet Road, Suite 200,
Austin, TX 78758; (512) 490–0057.
SUPPLEMENTARY INFORMATION: We, the
U.S. Fish and Wildlife Service (Service),
announce the availability of a ROD,
which we developed in compliance
with the agency decision-making
requirements of the National
Environmental Policy Act (NEPA) of
1969, as amended. The ROD documents
our decision to select the alternative
including implementation of the
Williamson County Regional Habitat
Conservation Plan (RHCP). We have
described in detail all alternatives, and
evaluated and analyzed them, in our
August 2008 final environmental impact
statement (FEIS) and also in our
regional habitat conservation plan
(RHCP). The ROD is designed to: (1)
State our decision, present the rationale
for its selection, and discuss its
implementation; (2) identify the
alternatives we considered in reaching
the decision; and (3) state whether we
have adopted all means to avoid or
minimize environmental harm from
implementation of the selected
alternative in accordance with NEPA.
Based on our review of the
alternatives and their environmental
consequences described in our FEIS, we
have decided to implement Alternative
B, the Proposed RHCP (the proposed
action). The selected action entails the
issuance of a Section 10(a)(1)(B)
incidental take permit (ITP) to
Williamson County, Texas (the County),
to incidentally take golden-cheeked
warbler (Dendroica chrysoparia), blackcapped vireo (Vireo atricapilla), Bone
Cave harvestman (Texella reyesi), and
Coffin Cave mold beetle (Batrisodes
texanus). We refer to all four species
collectively as ‘‘the covered species.’’
The RHCP will mitigate for take of these
species by purchasing mitigation credits
in an existing conservation bank and by
acquiring and managing, in perpetuity,
replacement habitats and additional
conservation measures as described
specifically in the RHCP. While the
County will hold the Permit, the entity
that will manage the Permit will be the
Williamson County Conservation
Foundation (Foundation).
The term of the permit is 30 years
(2008–2038). The Foundation will
implement mitigation and minimization
measures according to the schedule in
the RHCP. By year 4 of the RHCP, the
Foundation will acquire 1,000 acres of
mitigation credits for golden-cheeked
warbler (GCWA) in an existing
conservation bank. In addition, the
County will purchase GCWA habitat
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]]>Agencies
[Federal Register Volume 74, Number 70 (Tuesday, April 14, 2009)]
[Notices]
[Pages 17210-17211]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-8390]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS-R9-IA-2009-N0078; 96300-1671-0000-P5]
Receipt of Applications for Permit
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of receipt of applications for permit.
-----------------------------------------------------------------------
SUMMARY: We, the U.S. Fish and Wildlife Service, invite the public to
comment on the following applications to conduct certain activities
with
[[Page 17211]]
endangered species and/or marine mammals. Both the Endangered Species
Act and the Marine Mammal Protection Act require that we invite public
comment on these permit applications.
DATES: Written data, comments or requests must be received by May 14,
2009.
ADDRESSES: Documents and other information submitted with these
applications are available for review, subject to the requirements of
the Privacy Act and Freedom of Information Act, by any party who
submits a written request for a copy of such documents within 30 days
of the date of publication of this notice to: U.S. Fish and Wildlife
Service, Division of Management Authority, 4401 North Fairfax Drive,
Room 212, Arlington, Virginia 22203; fax 703/358-2281.
FOR FURTHER INFORMATION CONTACT: Division of Management Authority,
telephone 703/358-2104.
SUPPLEMENTARY INFORMATION:
Endangered Species
The public is invited to comment on the following applications for
a permit to conduct certain activities with endangered species. This
notice is provided pursuant to Section 10(c) of the Endangered Species
Act of 1973, as amended (16 U.S.C. 1531 et seq.). Written data,
comments, or requests for copies of these complete applications should
be submitted to the Director (address above).
Applicant: Richard E. McFalls, Alabaster, AL, PRT-209358.
The applicant requests a permit to import the sport-hunted trophy
of one male bontebok (Damaliscus pygargus pygargus) culled from a
captive herd maintained under the management program of the Republic of
South Africa, for the purpose of enhancement of the survival of the
species.
Marine Mammals
The public is invited to comment on the following application for a
permit to conduct certain activities with marine mammals. The
application was submitted to satisfy requirements of the Marine Mammal
Protection Act of 1972, as amended (16 U.S.C. 1361 et seq.), and the
regulations governing marine mammals (50 CFR part 18). Written data,
comments, or requests for copies of the complete applications or
requests for a public hearing on these applications should be submitted
to the Director (address above). Anyone requesting a hearing should
give specific reasons why a hearing would be appropriate. The holding
of such a hearing is at the discretion of the Director.
Applicant: U.S. Geological Survey, Alaska Science Center, Anchorage,
AK, PRT-690038.
The applicant requests an amendment to the permit to take polar
bears (Ursus maritimus) by using internal temperature data-loggers,
collecting muscle biopsies, and using glue-on or ear tag radio
transmitters for the purpose of scientific research. This notification
covers activities to be conducted by the applicant over the remainder
of the 5-year permit.
Concurrent with the publication of this notice in the Federal
Register, the Division of Management Authority is forwarding copies of
the above applications to the Marine Mammal Commission and the
Committee of Scientific Advisors for their review.
Dated: April 3, 2009.
Lisa J. Lierheimer,
Senior Permit Biologist, Branch of Permits, Division of Management
Authority.
[FR Doc. E9-8390 Filed 4-13-09; 8:45 am]
BILLING CODE 4310-55-P
