17210 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. 

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 

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 

Federal Register / Vol. 74, No. 70 / Tuesday, April 14, 2009 / Notices 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 

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. 

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