Federal Register / Vol. 86, No. 7 / Tuesday, January 12, 2021 / Notices 2445 

listed since 1973. The information 

collected provides data on tag retention 

and sturgeon movement along the east 

coast. The data are also used to address 

some of the management and research 

needs identified by amendment 1 to the 

ASMFC’s Atlantic Sturgeon Fishery 

Management Plan. 

Data collected across these tagging 

programs are similar in nature, 

including: 

• Tag number; 

• Date of capture; 

• Waterbody of capture; 

• Capture method; 

• Fish length, weight, and fate 

(whether released or killed); and 

• Fisher type (i.e., commercial, 

recreational, etc.). 

In addition, if the tag reporter desires 

more information on their tagged fish or 

wants the modest reward that comes 

with reporting a tag, we ask their 

address so that we can mail them the 

information. 

Title of Collection: Horseshoe Crab 

and Cooperative Fish Tagging Programs. 

OMB Control Number: 1018–0127. 

Form Number: FWS Forms 3–2310, 3– 

2311, and 3–2493 through 3–2496. 

Type of Review: Extension of a 

currently approved collection. 

Respondents/Affected Public: 

Respondents include Federal and State 

agencies, universities, and biomedical 

companies who conduct tagging, and 

members of the general public who 

provide recapture information. 

Total Estimated Number of Annual 

Respondents: 2,006. 

Total Estimated Number of Annual 

Responses: 3,628. 

Estimated Completion Time per 

Response: Varies from 5 minutes to 95 

hours, depending on activity. 

Total Estimated Number of Annual 

Burden Hours: 2,239. 

Respondent’s Obligation: Voluntary. 

Frequency of Collection: Respondents 

will provide information on occasion, 

upon tagging or upon encounter with a 

tagged crab or fish. 

Total Estimated Annual Nonhour 

Burden Cost: None. 

An agency may not conduct or 

sponsor and a person is not required to 

respond to a collection of information 

unless it displays a currently valid OMB 

control number. 

The authority for this action is the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501 et seq.). 

Dated: January 6, 2021. 

Madonna Baucum, 

Information Collection Clearance Officer, U.S. 

Fish and Wildlife Service. 

[FR Doc. 2021–00332 Filed 1–11–21; 8:45 am] 

BILLING CODE 4333–15–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

[Docket No. FWS–R6–ES–2019–0010; 

FF06E00000 212 FXES11140600000] 

Incidental Take Permit Application; 

Habitat Conservation Plan and 

Categorical Exclusion for the 

Threatened Grizzly Bear; Flathead, 

Glacier, Lincoln, and Toole Counties, 

Montana 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Notice of availability of 

documents; request for comments. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service, announce the 

availability of documents related to an 

application for an incidental take permit 

(ITP) under the Endangered Species Act. 

BNSF Railway (BNSF) has applied for 

an ITP, which, if granted, would 

authorize take of the federally 

threatened grizzly bear that is likely to 

occur incidental to railroad operations 

and maintenance. The documents 

available for review and comment are 

the applicant’s habitat conservation 

plan, which is part of the ITP 

application, and our draft 

environmental action statement and 

low-effect screening form, which 

support a categorical exclusion under 

the National Environmental Policy Act. 

We invite comments from the public 

and Federal, Tribal, State, and local 

governments. 

DATES: We will accept comments 

received or postmarked on or before 

February 11, 2021. Comments submitted 

online at Regulations.gov (see 

ADDRESSES) must be received by 11:59 

p.m. Eastern Time on the closing date. 

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–R6–ES–2019–0010 at 

http://www.regulations.gov. 

Submitting Comments: You may 

submit comments by one of the 

following methods: 

• Online: http://www.regulations.gov. 

Follow the instructions for submitting 

comments on Docket No. FWS–R6–ES– 

2019–0010. 

• U.S. mail: Public Comments 

Processing, Attn: Docket No. FWS–R6– 

ES–2019–0010; U.S. Fish and Wildlife 

Service Headquarters, MS: PERMA; 

5275 Leesburg Pike; Falls Church, VA 

22041–3803. 

We request that you send comments 

by only the methods described above. 

FOR FURTHER INFORMATION CONTACT: Ben 

Conard, by phone at 406–758–6882, by 

email at Ben_Conard@fws.gov, or via the 

Federal Relay Service at 800–877–8339. 

SUPPLEMENTARY INFORMATION: We, the 

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

have received an application from BNSF 

Railway (BNSF) for a 7-year incidental 

take permit (ITP) under the Endangered 

Species Act of 1973, as amended (ESA; 

16 U.S.C. 1531 et seq.). The application 

addresses the potential for take of the 

federally threatened grizzly bear (Ursus 

arctos horribilis) that is likely to occur 

incidental to ongoing operations and 

maintenance of approximately 206 

miles of railroad. 

The documents available for review 

and comment are the applicant’s habitat 

conservation plan (HCP), which is part 

of the ITP application, and our draft 

environmental action statement and 

low-effect screening form. These 

documents helped inform our 

conclusion that the activities proposed 

by the permit application will have a 

low effect on the species and the human 

environment. Accordingly, the HCP 

qualifies for a categorical exclusion 

under the National Environmental 

Policy Act of 1969 (NEPA; 42 U.S.C. 

4321 et seq.). 

Applicant’s Habitat Conservation Plan 

BNSF has submitted a low-effect HCP 

in support of an application for an ITP 

to address take of the species that is 

likely to occur as the result of BNSF’s 

ongoing operations and management of 

approximately 206 miles of railway 

between Trego, Montana, and Shelby, 

Montana. The requested permit duration 

is for 7 years from permit issuance. The 

railway is within grizzly bear habitat in 

the Northern Continental Divide 

Ecosystem grizzly bear recovery zone. 

The biological goals and objectives are 

to reduce attractants and deter grizzly 

bears from entering high-risk areas of 

railway and to contribute to the 

recovery of the grizzly bear population 

by offsetting incidental take by reducing 

other sources of human-caused 

mortality. The proposed conservation 

program includes implementing 

measures to reduce attractants, 

providing financial support to Montana 

Fish, Wildlife, and Parks and the 

Blackfeet Indian Nation for reducing 

human/grizzly bear conflicts through 

increased personnel, equipment, and 

education. 

Public Availability of Comments 

Written comments we receive become 

part of the administrative record 

associated with this action. Before 

including your address, phone number, 

email address, or other personal 


khammond on DSKJM1Z7X2PROD with NOTICES
2446 Federal Register / Vol. 86, No. 7 / Tuesday, January 12, 2021 / Notices 

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 can request in your comment 

that we withhold your personal 

identifying information from public 

review, we cannot guarantee that we 

will be able to do so. All submissions 

from organizations or businesses, and 

from individuals identifying themselves 

as representatives or officials of 

organizations or businesses, will be 

made available for public disclosure in 

their entirety. 

Authority 

We provide this notice under section 

10(c) of the ESA (16 U.S.C. 1531 et seq.) 

and its implementing regulations (50 

CFR 17.32) and NEPA (42 U.S.C. 4321 

et seq.) and its implementing 

regulations (40 CFR 1506.6 and 43 CFR 

46.305). 

Stephen Small, 

Assistant Regional Director, Ecological 

Services, Mountain-Prairie Region. 

[FR Doc. 2021–00426 Filed 1–11–21; 8:45 am] 

BILLING CODE 4333–15–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Indian Affairs 

[212A2100DD/AACC003300/ 

A0H901010.999900.253G] 

Chippewa Cree Indians of the Rocky 

Boy’s Reservation; Amendment to 

Liquor Control Ordinance 

AGENCY: Bureau of Indian Affairs, 

Interior. 

ACTION: Notice. 

SUMMARY: This notice publishes an 

amendment to the Liquor Ordinance of 

the Chippewa Cree Indians of the Rocky 

Boy’s Indian Reservation of Montana 

(Chippewa Cree Tribe). The Chippewa 

Cree Tribe and the State of Montana 

have agreed to enter into a Montana 

Alcoholic Beverages Tax Agreement. 

The purposes of the Agreement are to 

minimize legal controversy and possible 

litigation over the taxation of alcoholic 

beverages within the exterior 

boundaries of the Rocky Boy’s 

Reservation to mitigate the effects of 

dual taxation on the sale of alcoholic 

beverages by both the Tribe and the 

State, and to provide an effective means 

by which revenues generated by the 

state and tribal taxes on the sale of 

alcoholic beverages may be shared and 

distributed. In order to accomplish these 

purposes, the State and the Tribe agree 

that the same level of taxation will be 

imposed on the sale of alcoholic 

beverages both within and outside the 

boundaries of the Reservation. The 

Agreement requires the Tribe to adopt 

and keep in force an ordinance 

imposing taxes equal to Montana liquor 

excise and license taxes and beer, wine, 

and hard cider taxes sold within the 

exterior boundaries of the Rocky Boy’s 

Indian Reservation. 

DATES: This ordinance shall take 

effective on February 11, 2021. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Jo-Ellen Cree, Tribal Operations Officer, 

Rocky Mountain Regional Office, 

Bureau of Indian Affairs, 2021 Fourth 

Avenue North, Billings, Montana 59101, 

Telephone: (406) 247–7964 or (406) 

247–7988, Fax: (406) 247–7566; or Ms. 

Laurel Iron Cloud, Chief, Division of 

Tribal Government Services, Office of 

Indian Services, Bureau of Indian 

Affairs, 1849 C Street NW, MS–4513– 

MIB, Washington, DC 20240, 

Telephone: (202) 513–7641. 

SUPPLEMENTARY INFORMATION: Pursuant 

to the Act of August 15, 1953, Public 

Law 83–277, 67 Stat. 5886, 18 U.S.C. 

1161, as interpreted by the Supreme 

Court in Rice v. Rehner, 463 U.S. 713 

(1983), the Secretary of the Interior 

certifies and publishes in the Federal 

Register notice of adopted liquor control 

ordinances for the purpose of regulating 

liquor transactions in Indian country. 

The Chippewa Cree Tribe adopted 

Tribal Resolution No. 52–20 on May 7, 

2020, and adopted Ordinance No. 01– 

20, Governing the Taxation of Alcoholic 

Beverages Sold on within the Rocky 

Boy’s Indian Reservation. This 

amendment to the liquor control 

ordinance is incorporated and codified 

by Ordinance No. 01–20 within Title 

XVII, Chapter 7, of the Chippewa Cree 

Tribal Law and Order Code and codified 

within Chapter 6 of the Chippewa Cree 

Law and Order Code Alcoholic Beverage 

Control Ordinance. 

This notice is published in 

accordance with the delegated authority 

by the Secretary of the Interior to the 

Assistant Secretary—Indian Affairs. I 

certify that the Chippewa Cree Business 

Committee duly adopted the 

amendment to the Chippewa Cree Tribe 

Liquor Control Ordinance by Tribal 

Resolution No. 52–20 on May 7, 2020. 

The Chippewa Cree Tribe of the 

Rocky Boy’s Indian Reservation Liquor 

Ordinance, Chapter 6 reads as follows: 

‘‘Taxation of Alcoholic Beverages, 

Ordinance No. 01–20, Liquor Excise 

and Licenses, Beer, Wine, and Hard 

Cider’’ 

Sec. 101. Declaration of Policy 

1. This Ordinance is enacted pursuant 

to the inherent governing power of the 

Chippewa Cree Tribe and under 

authority recognized by federal law in 

accordance with provisions of the 

Constitution and Bylaws of the Tribe. 

All persons, business, lands, 

transactions, and activities either 

relocated on or occurring within the 

exterior boundaries of the Rocky Boy’s 

Indian Reservation shall be subject to 

provisions of this Ordinance. 

2. This Ordinance is enacted for the 

protection of the health and safety, and 

to promote the general welfare of the 

people residing within the exterior 

boundaries of the Rocky Boy’s Indian 

Reservation. All its provisions shall be 

liberally construed for the 

accomplishment of that purpose. 

3. The Chippewa Cree Business 

Committee believes that enactment of 

this Ordinance governing alcoholic 

beverages through taxation within the 

exterior boundaries of the Rocky Boy’s 

Indian Reservation will help provide 

revenue for the continued operation of 

Tribal government. 

4. This Ordinance shall impose taxes 

equal to the Montana liquor excise and 

license taxes and beer, wine, and hard 

cider taxes sold within the exterior 

boundaries of the Rocky Boy’s Indian 

Reservation, pursuant to its power 

under Article VI, Section 1 (j) of the 

Constitution of the Chippewa Cree 

Tribe. 

5. The overall purpose of this 

Ordinance is to aid in the collection of 

taxes and ensure that alcoholic 

beverages are not subject to both the 

State and the tribal tax. The provisions 

of this Ordinance must be broadly 

construed to accomplish this purpose. 

Sec. 102. Definitions 

As used in this Chapter, unless 

otherwise noted, the following 

definitions apply: 

1. ‘‘Alcohol’’ means ethyl alcohol, 

also called ethanol, or the hydrated 

oxide of ethyl. 

2. ‘‘Alcoholic beverage’’ means a 

compound produced and sold for 

human consumption as a drink that 

contains more than 0.5% of alcohol by 

volume. 

3. ‘‘Agreement’’ means the Chippewa 

Cree—Montana Alcoholic Beverage Tax 

Agreement. 

4. ‘‘Beer’’ means: 


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