8006 Federal Register / Vol. 72, No. 35 / Thursday, February 22, 2007 / Notices 

criteria in CITES and Federal 

regulations for the issuance, suspension, 

revocation, or denial of permits. 

We have developed a new permit 

application form specific to permit 

requests for the export of caviar and/or 

meat of wild-origin paddlefish and/or 

U.S. native sturgeon species. In the past, 

we have used FWS Form 3–200–27 

(Export of Wildlife Removed from the 

Wild) to collect the information 

necessary for us to evaluate these permit 

requests. When using that general form, 

applicants have had considerable 

difficulty understanding what 

information is necessary and how to 

supply it. The new form, FWS Form 3–

200–76, clarifies these issues. 

Comments: On September 20, 2006, 

we published in the Federal Register 

(71 FR 55004) a notice of our intent to 

request that OMB approve this 

information collection. In that notice, 

we solicited comments for 60 days, 

ending on November 20, 2006. In 

addition, we conducted public outreach 

by sending a copy of the notice to 

members of the caviar community and 

asked for their comments. We received 

two comments. 

One commenter was a State fisheries 

coordinator who supported the new 

form. The second commenter stated that 

the proposed form has more focused 

information and would assist applicants 

in preparing applications. The second 

commenter also had two suggestions: 

(1) That we increase the estimated 

time to complete the application. After 

considering this comment, we increased 

the estimated average time to complete 

an application to 3 hours and revised 

the estimated annual burden on the 

public. 

(2) That we revise the wording in the 

application to more accurately reflect 

how caviar exporters work. Wholesalers 

and suppliers typically do not provide 

the fishermen information directly to 

the applicant because it may be 

considered proprietary information. Due 

to the concern, we are not requiring that 

the intermediary provide the 

information to the applicant who is 

responsible for submitting the 

application. Instead, the supplier may 

submit it directly to the Service 

provided that it is clear which 

application is being referenced. In such 

cases, if the supplier believes the 

information is proprietary, the supplier 

should identify it as proprietary and/or 

business confidential, as appropriate. 

The applicant is still responsible for 

providing a complete application to the 

Service. 

We again invite comments concerning 

this information collection on: 

(1) whether or not the collection of 

information is necessary, including 

whether or not the information will 

have practical utility; 

(2) the accuracy of our estimate of the 

burden for this collection of 

information; 

(3) ways to enhance the quality, 

utility, and clarity of the information to 

be collected; and 

(4) ways to minimize the burden of 

the collection of information on 

respondents. 

Comments submitted in response to 

this notice are a matter of public record. 

Dated: January 22, 2007 

Hope Grey, 

Information Collection Clearance Officer, 

Fish and Wildlife Service. 

[FR Doc. E7–2962 Filed 2–21–07; 8:45 pm] 

Billing Code 4310–55–S 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

Receipt of Applications for Permit 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Notice of receipt of applications 

for permit. 

SUMMARY: The public is invited to 

comment on the following applications 

to conduct certain activities with 

endangered species and marine 

mammals. 

DATES: Written data, comments or 

requests must be received by March 26, 

2007. 

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 700, 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: Denver Zoological Gardens, 

Denver, CO, PRT–144259. 

The applicant requests a permit to 

import one male bred-in-captivity 

Malayan tapir (Tapirus indicus) from 

the Belfast Zoo, Belfast, Ireland, for the 

purpose of enhancement of the survival 

of the species. 

Applicant: Lincoln Park Zoo, Chicago, 

IL, PRT–144119. 

The applicant requests a permit to 

export hair from one male Bactrian 

camel (Camelus bactrianus) to the 

United Kingdom for the purpose of 

scientific research. 

Applicant: Zoological Society of San 

Diego, San Diego, CA, PRT–144258. 

The applicant requests a permit to 

export one male captive bred giant 

panda (Ailuropoda melanoleuca) born 

at the zoo in 2003 and owned by the 

Government of China, to the Wolong 

Nature Reserve, China under the terms 

of their loan agreement with the China 

Wildlife Conservation Association. This 

export is part of the approved loan 

program for the purpose of 

enhancement of the survival of the 

species through scientific research as 

outlined in the Zoological Society of 

San Diego’s original permit. 

Applicant: Detroit Zoological Institute, 

Royal Oak, MI, PRT–135623. 

The applicant requests a permit to 

export one male captive bred Central 

American river turtle (Dermatemys 

mawii) to the Prague Zoo, Czech 

Republic, for the purpose of 

enhancement of the survival of the 

species through captive breeding. 

Applicant: Dort S. Bigg, Turner, ME, 

PRT–144848. 

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. 

Applicant: John C. Knight, Howey in the 

Hills, FL, PRT–140177. 

The applicant requests a permit to 

import the sport-hunted trophy of one 

scimitar-horned oryx (Oryx dammah) 

culled from a captive herd in 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 


rwilkins on PROD1PC63 with NOTICES
Federal Register / Vol. 72, No. 35 / Thursday, February 22, 2007 / Notices 8007 

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: Charles P. Kupfer, Millbury, 

MA, PRT–143853. 

The applicant requests a permit to 

import a polar bear (Ursus maritimus) 

sport hunted from the Northern Beaufort 

Sea polar bear population in Canada for 

personal, noncommercial use. 

Dated: January 19, 2007. 

Monica Farris, 

Senior Permit Biologist, Branch of Permits, 

Division of Management Authority. 

[FR Doc. E7–2939 Filed 2–21–07; 8:45 am] 

BILLING CODE 4310–55–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Indian Affairs 

Final Determination for Federal 

Acknowledgment of the Mashpee 

Wampanoag Indian Tribal Council, Inc. 

of Massachusetts 

AGENCY: Bureau of Indian Affairs, 

Interior. 

ACTION: Notice of final determination. 

SUMMARY: Pursuant to 25 CFR 

83.10(l)(2), notice is hereby given that 

the Department of the Interior 

(Department) has determined that the 

Mashpee Wampanoag Indian Tribal 

Council, Inc., P.O. Box 1048, Mashpee, 

Massachusetts, 02649, is an Indian tribe 

within the meaning of Federal law. This 

notice is based on a determination that 

the petitioner satisfies all seven 

mandatory criteria set forth in 25 CFR 

83.7, and thus meets the requirements 

for a government-to-government 

relationship with the United States. 

DATES: This determination is final and 

will become effective 90 days from 

publication of this notice in the Federal 

Register on May 23, 2007, pursuant to 

25 CFR 83.10(l)(4), unless a request for 

reconsideration is filed pursuant to 25 

CFR 83.11. 

ADDRESSES: Requests for a copy of the 

Summary Evaluation of the Criteria 

should be addressed to the Office of the 

Assistant Secretary—Indian Affairs, 

Attention: Office of Federal 

Acknowledgment, 1951 Constitution 

Avenue, NW., MS: 34B–SIB, 

Washington, DC 20240. 

FOR FURTHER INFORMATION CONTACT: R. 

Lee Fleming, Director, Office of Federal 

Acknowledgment, (202) 513–7650. 

SUPPLEMENTARY INFORMATION: This 

notice is published in the exercise of 

authority delegated by the Secretary of 

the Interior to the ADS by Secretarial 

Order 3259, of February 8, 2005, as 

amended on August 11, 2005, and on 

March 31, 2006. This notice is based on 

a determination that the Mashpee 

Wampanoag Tribal Council, Inc. (MWT) 

meets all of the seven mandatory criteria 

for acknowledgment in 25 CFR 83.7. 

The Department considered the 

Mashpee petition under slightly 

modified timeframes set by a July 22, 

2005, Joint Settlement Agreement and 

Stipulated Dismissal (Agreement) 

resolving the case of Mashpee 

Wampanoag Tribal Council, Inc. v. 

Norton, 180 F. Supp. 2d 130 (D.D.C. 

2001), rev’d, 336 F.3d 1094 (D.C. Cir. 

2003), on remand, No. CA 01–111 JR 

(D.D.C.). 

A notice of the proposed finding (PF) 

to acknowledge the petitioner was 

published in the Federal Register on 

April 6, 2006 (71 FR 17488). Publishing 

notice of the PF initiated a 180-day 

comment period during which time the 

petitioner, and interested and informed 

parties, could submit arguments and 

evidence to support or rebut the PF. The 

comment period ended on October 3, 

2006. The regulations at 25 CFR 83.10(k) 

provide the petitioner a minimum of 60 

days to respond to comments that 

interested and informed parties 

submitted on the PF during the 180-day 

comment period. The Agreement 

modified this timeframe, providing the 

petitioner a 30-day response period, 

which ended on November 1, 2006. This 

final determination (FD) is made 

following a review of the petitioner’s 

and public comments as well as the 

petitioner’s response to the public 

comments. 

During the comment period, the 

petitioner submitted an updated 

membership list, supplemental 

genealogical and governmental 

materials, and historical documents, in 

response to requests for information 

made by the Department in the PF and 

in an informal technical assistance 

teleconference with the petitioner. 

These materials did not change the 

conclusions of the PF. The Department 

received several letters of support from 

the public for the Mashpee group. These 

letters did not provide substantive 

comment. The Department also received 

a letter from a former selectman of the 

Town of Mashpee pertaining to 

negotiations between the petitioner and 

the Town. This letter did not comment 

substantively on the PF. The only 

substantive comment by interested or 

informed parties came from the Office of 

the Massachusetts Attorney General 

(Massachusetts AG), to which the 

petitioner submitted a response on 

October 30, 2006. The Massachusetts 

AG’s comments are discussed under 

criteria 83.7(b) and 83.7(c) below. 

Criterion 83.7(a) requires external 

identifications of the petitioner as an 

American Indian entity on a 

substantially continuous basis since 

1900. The PF concluded external 

observers identified the petitioning 

group as an American Indian entity on 

a substantially continuous basis since 

1900. However, it pointed out that the 

available identifications of the Mashpee 

in the record for 1900–1923 constituted 

sufficient but minimal evidence for 

substantially continuous identification 

for those years, and encouraged the 

petitioner to strengthen its evidence for 

criterion 83.7(a) by submitting 

additional identifications for that 

period. In response, the petitioner 

submitted a new argument concerning a 

1907 document. As reevaluated for the 

FD, this document provides an 

additional identification of the 

Mashpee. When combined with the 

other identifications in the record for 

the PF for those years, the additional 

evidence is sufficient to show consistent 

identifications of the Mashpee from 

1900 to 1923. The evidence submitted 

for both the PF and the FD demonstrates 

external observers identified the 

Mashpee as an Indian entity on a 

substantially continuous basis since 

1900. Therefore, the petitioner meets the 

requirements of criterion 83.7(a). 

Criterion 83.7(b) requires that a 

predominant portion of the petitioning 

group comprises a distinct community 

and has existed as a community from 

historical times until the present. The 

PF concluded that the petitioner 

presented sufficient evidence to satisfy 

this criterion. During the comment 

period, in response to the Department’s 

request for information, the petitioner 

submitted a copy of the 1776 Gideon 

Hawley census of Mashpee. As part of 

an analysis of residential patterns of the 

Mashpee group for the colonial and 

Revolutionary periods, the PF described 

this document’s details using only 

descriptions of it from both State reports 

and secondary sources. For the FD, 

Department researchers analyzed the 

newly-submitted 1776 Hawley census 


rwilkins on PROD1PC63 with NOTICES