47210 Federal Register / Vol. 73, No. 157 / Wednesday, August 13, 2008 / Notices 

The applicant initiated native habitat 

restoration activities within the Preserve 

in 1999 and proposes to reintroduce 

PVB once suitable habitat for the species 

is established. Following reintroduction 

of PVB, the applicant will continue to 

maintain native plant cover and 

eliminate invasive species on up to 28.5 

acres within the Preserve. Restoration 

and management activities may include 

irrigation system installation and repair, 

mechanical weed removal, application 

of herbicides, planting, seeding, 

mechanical weeding, and removal of 

organic debris as necessary to enhance 

habitat for PVB. 

The applicant proposes to minimize 

the effects to PVB associated with the 

proposed restoration activities by 

restricting certain activities during the 

flight season (February 15 to June 15), 

and avoiding disturbance to host plants 

and surrounding soil. The applicant will 

also conduct surveys for PVB for the 

first five years following reintroduction 

and a minimum of every three years 

thereafter to track peak abundance and 

patterns of occupancy within the 

Preserve. Restoration activities have the 

potential to result in take of a small 

number of PVB pupae if host plants and 

surrounding soil are incidentally 

disturbed. Surveys for PVB during the 

flight season have the potential to take 

a small number of adults if they are 

flushed from the site and not able to 

successfully reproduce. The project will 

result in an increase in the quality and 

quantity of habitat for PVB within the 

Preserve; therefore, no additional 

mitigation is proposed. 

The Proposed Action consists of the 

issuance of an incidental take permit 

and implementation of the proposed 

HCP, which includes measures to 

minimize impacts of the project on PVB. 

One alternative to the taking of the 

listed species under the Proposed 

Action is considered in the proposed 

HCP. Under the No Action Alternative, 

no permit would be issued, and 

reintroduction of PVB to the Preserve 

would not occur. Management and 

restoration efforts would continue in the 

Preserve; however, the threat of 

extinction of PVB in the wild would 

remain high. 

The Service has made a preliminary 

determination that approval of the 

proposed HCP qualifies as a categorical 

exclusion under NEPA, as provided by 

the Department of the Interior Manual 

(516 DM8) and as a ‘‘low-effect’’ plan as 

defined by the Habitat Conservation 

Planning Handbook (November 1996). 

Determination of Low-effect Habitat 

Conservation Plans is based on the 

following three criteria: (1) 

Implementation of the proposed HCP 

would result in minor or negligible 

effects on federally listed, proposed, and 

candidate species and their habitats; (2) 

Implementation of the proposed HCP 

would result in minor or negligible 

effects on other environmental values or 

resources; and (3) Impacts of the 

proposed HCP, considered together with 

the impacts of other past, present and 

reasonably foreseeable similarly situated 

projects, would not result, over time, in 

cumulative effects to environmental 

values or resources which would be 

considered significant. 

Based upon this preliminary 

determination, we do not intend to 

prepare further NEPA documentation. 

We will consider public comments in 

making the final determination on 

whether to prepare such additional 

documentation. 

Before including your address, phone 

number, e-mail 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 can 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. 

This notice is provided pursuant to 

section 10(c) of the Act. We will 

evaluate the permit application, the 

proposed HCP, and comments 

submitted thereon to determine whether 

the application meets the requirements 

of section 10(a) of the Act. If the 

requirements are met, we will issue a 

permit to Palos Verdes Peninsula Land 

Conservancy for the incidental take of 

the Palos Verdes blue butterfly from 

restoration and management of the 

Linden H. Chandler Preserve in the City 

of Rolling Hills Estates, Los Angeles 

County, California. 

Dated: August 7, 2008. 

Jim A. Bartel, 

Field Supervisor, Carlsbad Fish and Wildlife 

Office, Carlsbad, California. 

[FR Doc. E8–18685 Filed 8–12–08; 8:45 am] 

BILLING CODE 4310–55–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Indian Affairs 

Metlakatla Indian Community Alcohol 

Possession Code 

AGENCY: Bureau of Indian Affairs, 

Interior. 

ACTION: Notice. 

SUMMARY: This notice publishes an 

amendment to the Law and Order Code 

(Code), Alcohol Possession, for the 

Metlakatla Indian Community of the 

Annette Island Reserve. The amendment 

regulates and controls the possession 

and consumption of liquor within the 

tribal lands. The tribal lands are located 

in Indian Country and this amended 

Code allows for possession of alcoholic 

beverages within their boundaries. This 

Code will increase the ability of the 

tribal government to control liquor 

possession and consumption by the 

community’s members. 

DATES: Effective Date: This Code is 

effective on August 13, 2008. 

FOR FURTHER INFORMATION CONTACT: 

Betty Scissons, Tribal Government 

Services Officer, Northwest Regional 

Office, 911 NE 11th Ave., 8th Floor, 

Portland, OR 97232, Telephone: (503) 

231–6723, Fax (503) 231–2189; or 

Elizabeth Colliflower, Office of Indian 

Services, 1849 C Street, NW., Mail Stop 

4513–MIB, Washington, DC 20240, 

Telephone: (202) 513–7640. 

SUPPLEMENTARY INFORMATION: Pursuant 

to the Act of August 15, 1953, Public 

Law 83–277, 67 Stat. 586, 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 shall 

certify and publish in the Federal 

Register notice of adopted liquor 

ordinances for the purpose of regulating 

liquor transactions in Indian Country. 

The Metlakatla Indian Community, 

Council, Annette Islands Reserve, 

amended the Alcohol Possession section 

of its Law and Order Code by Resolution 

No. 07–49 on November 13, 2007. The 

purpose of this Ordinance is to govern 

the possession of alcohol within tribal 

lands of the Tribe. 

This notice is published in 

accordance with the authority delegated 

by the Secretary of the Interior to the 

Assistant Secretary—Indian Affairs. I 

certify that this Alcohol Possession 

Code of the Metlakatla Indian 

Community was duly adopted by the 

Council, Annette Island Reserve on 

November 13, 2007. 

Dated: July 31, 2008. 

George Skibine, 

Acting Deputy Assistant Secretaryfor Policy 

and Economic Development. 

The Metlakatla Indian Community 

Alcohol Possession Code reads as 

follows: 


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Federal Register / Vol. 73, No. 157 / Wednesday, August 13, 2008 / Notices 47211 

PROVISIONS RELATED TO THE 

LEGALIZATION OF ALCOHOL 

POSSESSION WITHIN THE ANNETTE 

ISLANDS RESERVE 

TITLE ONE, CHAPTER 1, CRIMINAL 

VIOLATIONS. 

SECTION ONE.1.49 DISTRIBUTION 

OF TOBACCO AND INTOXICANTS TO 

CHILDREN. 

A. Any person who shall provide any 

tobacco product to any child under the 

age of eighteen (18) years shall be guilty 

of an offense and, upon conviction 

thereof, shall be sentenced to labor for 

a period of not more than six (6) months 

or to pay a fine not to exceed the 

constitutional limit, or both, with costs. 

B. Any person who shall provide any 

alcoholic beverage, narcotic or other 

intoxicant to any person under the age 

of twenty-one (21) years shall be guilty 

of an offense and, upon conviction 

thereof, shall be sentenced to labor for 

a period of not more than six (6) months 

or to pay a fine not to exceed the 

constitutional limit, or both, with costs. 

A person shall also be liable for this 

offense if he or she exercises control 

over property and allows any person 

under the age of twenty-one (21) years 

to consume alcohol on the property or 

to remain on the property if they have 

consumed alcohol. 

SECTION ONE.1.55 LIQUOR 

POSSESSION FOR SALE. 

A. Sale of Alcoholic Beverages 

Prohibited. 

Any person who shall, within the 

Annette Islands Reserve, sell, barter or 

transport, possess, or manufacture any 

alcoholic beverage for purposes of sale 

or distribution thereof for profit, shall be 

guilty of an offense. 

B. Application to Non-Member 

Natives. 

1. First Conviction: Upon first 

conviction thereof, a non-member 

Native may be sentenced to labor for a 

period of not more than thirty (30) days 

and shall pay a fine of not less than one 

thousand dollars ($1000) and not more 

than five thousand dollars ($5000). 

Upon a conviction hereunder, a person 

shall appear before the Council for a 

public reprimand. 

2. Second Conviction: Upon a second 

conviction thereof, a person may be 

sentenced to labor for a period of not to 

exceed ninety (90) days and shall pay a 

fine of five thousand dollars ($5000) and 

shall be made subject to a proceeding 

under Title Four, Chapter 3 to revoke all 

existing visitor, residence and 

employment permits in the person’s 

possession. 

3. First Conviction, Special 

Circumstances: Upon a first conviction 

involving a violation of Section 

One.1.49, a person may be sentenced to 

labor for a period of not to exceed 

ninety (90) days and shall pay a fine of 

five thousand dollars ($5000) and shall 

be made subject to a proceeding under 

Title Four, Chapter 3 to revoke all 

existing visitor, residence and 

employment permits in the person’s 

possession. 

C. Application to Members. 

1. First Conviction: Upon first 

conviction thereof, a member may be 

sentenced to labor for a period of not 

more than thirty (30) days and shall pay 

a fine of not less than one thousand 

dollars ($1000) and not more than five 

thousand dollars ($5000). The 

Magistrate shall notify the defendant of 

the possibility of loss of membership 

privileges pursuant to the rules 

established by the Community Council 

if the defendant is convicted a 

subsequent time. Upon a conviction 

hereunder, a person shall appear before 

the Council for a public reprimand. 

2. Second Conviction: Upon a second 

conviction thereof, a member may be 

sentenced to labor for a period of not to 

exceed ninety (90) days and shall pay a 

fine of five thousand dollars ($5000) and 

shall be required to relinquish all rights 

and privileges of citizenship of the 

Metlakatla Indian Community under 

Title Four, Chapter 2 for a period of six 

(6) months. No hearing or Special 

Council meeting shall be necessary 

under Title Four, Chapter 2. 

3. First Conviction, Special 

Circumstances: Upon a first conviction 

involving a violation of Section 

One.1.49, a member may be sentenced 

to labor for a period of not to exceed 

ninety (90) days and shall pay a fine of 

five thousand dollars ($5000) and shall 

be required to relinquish all rights and 

privileges of citizenship of the 

Metlakatla Indian Community under 

Title Four, Chapter 2 for a period of six 

(6) months. No hearing or Special 

Council meeting shall be necessary 

under Title Four, Chapter 2. 

SECTION ONE.1.56 LIQUOR 

VIOLATION. 

Any person who shall, within the 

Annette Islands Reserve sell, barter, 

transport, possess, consume, or have 

consumed, or manufacture any 

alcoholic beverage shall be guilty of an 

offense and, upon conviction thereof, 

shall be sentenced to labor for a period 

of not more than six (6) months or to 

pay a fine not to exceed the 

constitutional limit, or both, with costs. 

SECTION ONE.1.56 PUBLIC 

INTOXICATION. 

A. A person commits the crime of 

public intoxication if he or she appears 

in a public place under the influence of 

alcohol, narcotics, or other drug to the 

degree that he or she endangers himself 

or herself or another person or property, 

or by boisterous and offensive conduct 

affects the enjoyment of another person 

in his or her vicinity. 

B. Public intoxication is a violation 

and, upon conviction thereof, shall be 

punishable by a sentence of labor for a 

period of not more than six (6) months 

or to pay a fine not to exceed the 

constitutional limit, or both, with costs. 

Individuals arrested for public 

intoxication may be held in jail for a 

period after which they are no longer 

considered a harm to themselves and 

others (e.g., the time necessary for them 

to ‘‘sober up’’), provided such time shall 

not exceed twelve (12) hours. 

SECTION ONE.1.56(A)

CONSUMPTION OF ALCOHOL IN 

PUBLIC PLACES. 

A. A person commits the crime of 

consumption of alcohol in public places 

if he or she drinks or consumes any 

alcoholic liquor in or upon any street, 

alley, public grounds, or other public 

places. Public places shall be defined as 

those developed public areas designated 

by the Council, including areas within 

the municipal limits and developed 

beaches, including Smuggler’s Cove, 

Sand Dollar, Graveyard, and Pioneer. 

B. Consumption of alcohol in public 

places is an offense and, upon 

conviction thereof, shall be punishable 

by a sentence of labor for a period of not 

more than six (6) months or a fine not 

to exceed the constitutional limit, or 

both, with costs. 

SECTION ONE.1.56(B) MINOR IN 

POSSESSION OF ALCOHOL. 

A. A minor commits the crime of 

minor in possession of alcohol when he 

or she is in possession of alcohol, which 

can be proven by facts showing the 

minor had physical possession, 

constructive possession, or possession 

by consumption (breath) of alcohol. 

B. Minor in possession of alcohol is 

a violation and subject to the provisions 

of Title 3, Chapter 4 (Juvenile Offender 

Procedure). 

SECTION ONE.1.56(C)

MISREPRESENTATION OF AGE BY A 

MINOR. 

A. A minor commits the crime of 

misrepresentation of age by a minor 

when he or she is purposely not truthful 

about his or her age to prevent being in 

violation of law. 


ebenthall on PRODPC60 with NOTICES
47212 Federal Register / Vol. 73, No. 157 / Wednesday, August 13, 2008 / Notices 

B. Misrepresentation of age by a 

minor is a violation and subject to the 

provisions of Title Three, Chapter 4 

(Juvenile Offender Procedure). 

TITLE FOUR, CHAPTER 6, 

GOVERNING CONTRABAND. 

SECTION FOUR.6.2 DECLARATION 

OF CONTRABAND. 

The following things and substances 

are hereby declared to be contraband 

and their manufacture, possession, sale, 

or use within the Annette Islands 

Reserve is hereby declared to be illegal: 

A. Electronic decoder for radio 

messages. 

B. Electronic radar detector. 

C. Any other electronic device used to 

detect or interfere with any 

electromagnetic signal generated by the 

Metlakatla Police Department in its law 

enforcement activities or by any other 

governmental or law enforcement 

agency authorized to operate on the 

Annette Islands Reserve. 

D. Marijuana or any other dangerous 

drug or narcotic the use or possession of 

which violates the Law & Order Code of 

the Metlakatla Indian Community or 

any Federal law relating to controlled 

substances, unless such use or 

possession is legal under the laws of the 

State of Alaska and is solely for medical 

purposes. 

E. Any device, substance, airplane, 

boat, including fishing vessels, motor 

vehicle, or thing of any kind whatsoever 

used in connection with violating the 

Law & Order Code of the Metlakatla 

Indian Community, including all 

ordinances or any resolutions and 

orders of the Metlakatla Indian 

Community Council or the Magistrate’s 

Court of the Metlakatla Indian 

Community. 

F. The species of dog known as a Pit 

Bull or Pit Bull Terrier or other vicious 

animal. 

G. Firearms of destructive devices 

possessed in violation of Section 

Four.5.2. 

[FR Doc. E8–18771 Filed 8–12–08; 8:45 am] 

BILLING CODE 4310–4J–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Indian Affairs 

Pueblo of Isleta Liquor Sales 

Ordinance 

AGENCY: Bureau of Indian Affairs, 

Interior 

ACTION: Notice. 

SUMMARY: This notice publishes the 

Amended and Restated Pueblo of Isleta 

Liquor Sales Ordinance. The amended 

Ordinance regulates and controls the 

possession, sale and consumption of 

liquor within the Pueblo of Isleta lands. 

The Pueblo of Isleta is located on trust 

land and this amended Ordinance 

allows for the possession and sale of 

alcoholic beverages within the exterior 

boundaries of the Pueblo of Isleta. This 

amended Ordinance will increase the 

ability of the tribal government to 

control the distribution and possession 

of liquor within their reservation and at 

the same time will provide an important 

source of revenue and strengthening of 

the tribal government and the delivery 

of tribal services. 

DATES: Effective Date: This Ordinance is 

effective as of September 12, 2008. 

FOR FURTHER INFORMATION CONTACT: Iris 

A. Drew, Division of Tribal Government, 

Office of Indian Services, 1001 Indian 

School Road, Albuquerque, New Mexico 

87104; Telephone (505) 563–3530; Fax 

(505) 563–3060; or Elizabeth 

Colliflower, Office of Indian Services, 

1849 C Street, NW., Mail Stop 4513–

MIB, Washington, DC 20240; Telephone 

(202) 513–7627; Fax (202) 208–5113. 

SUPPLEMENTARY INFORMATION: Pursuant 

to the Act of August 15, 1953; Public 

Law 83–277, 67 Stat. 586, 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 shall 

certify and publish in the Federal 

Register, notice of adopted liquor 

ordinances for the purpose of regulating 

liquor transactions in Indian Country. 

The Tribal Council of the Pueblo of 

Isleta adopted this amended Liquor 

Sales Ordinance on October 4, 2007. 

The purpose of this amended Ordinance 

is to govern the sale, possession and 

distribution of alcohol within the lands 

held by the Pueblo of Isleta. This notice 

is published in accordance with the 

authority delegated by the Secretary of 

the Interior to the Assistant Secretary—

Indian Affairs. I approve this ordinance 

and certify that this Amended and 

Restated Liquor Sales Ordinance of the 

Pueblo of Isleta was duly adopted by the 

Tribal Council on October 4, 2007. 

Dated: July 31, 2008. 

George T. Skibine, 

Acting Deputy Assistant Secretary for Policy 

and Economic Development. 

The Pueblo of Isleta’s Amended and 

restated Liquor Sales Ordinance reads as 

follows: 

PUEBLO OF ISLETA 

LIQUOR SALES ORDIANCE 

(Current as of October 4, 2007) 

Be it ordained and enacted by the 

Pueblo of Isleta as follows: 

Section 1. Introduction. 

A. Title. The title of this ordinance 

shall be the Liquor Sales Ordinance of 

the Pueblo of Isleta. 

B. Authority. This ordinance is being 

passed and enacted in accordance with 

the inherent governmental powers of the 

Pueblo of Isleta, a federally recognized 

tribe of Indians, and specifically under 

Article V, Section 2(e) of the Pueblo of 

Isleta Constitution, and in conformance 

with the laws of the State of New 

Mexico, as required by 18 U.S.C. 

Section 1161. 

C. Purpose. The purpose of this 

ordinance is to regulate the sale of 

Intoxicating Beverages (as herein 

defined) within the exterior boundaries 

of the Pueblo of Isleta. 

Section 2. Definitions. 

‘‘Enterprise’’ means a Person engaged 

in, or desiring to engage in, the business 

of selling Intoxicating Beverages. 

‘‘Governor’’ means the Governor of 

the Pueblo of Isleta or his designee. 

‘‘Intoxicated Person’’ means a person 

whose mental or physical functioning is 

substantially impaired as a result of the 

use of alcohol or drugs. 

‘‘Intoxicating Beverage’’ includes the 

four varieties of liquor commonly 

referred to as alcohol, spirits, wine, and 

beer, and all fermented, spirituous, 

vinous, or malt liquor, or combinations 

thereof, and mixed liquor, a part of 

which is fermented, spirituous, vinous, 

or malt liquor, or otherwise intoxicating, 

and every liquid or solid or semisolid or 

other substance, patented or not, 

containing alcohol, spirits, wine, or 

beer, excluding any prescription or 

over-the-counter medicine, any product 

not fit for human consumption and 

wine used for sacramental purposes. 

‘‘License’’ means a license or 

authorization by the Tribal Council for 

an Enterprise to sell Intoxicating 

Beverages at a designated location. 

‘‘Licensed Establishment’’ means (1) a 

physical area of Pueblo of Isleta tribal 

land, excluding lands which have been 

assigned to an individual tribal member, 

or (2) a certain space or area within a 

building on Pueblo of Isleta tribal lands 

(which have not been assigned to an 

individual tribal member), designated 

by the Pueblo of Isleta Tribal Council as 

a place where Intoxicating Beverages 

can be sold. A Licensed Establishment 

may be a designated area, such as golf 

course or an amphitheater. 

‘‘Licensee’’ means an Enterprise 

which holds a Pueblo of Isleta Liquor 

License and is authorized by the Tribal 

Council to sell and serve Intoxicating 

Beverages in a Licensed Establishment. 

‘‘Minor’’ means any person under the 

age of twenty-one (21) years. 


ebenthall on PRODPC60 with NOTICES