[Federal Register: December 15, 1999 (Volume 64, Number 240)]
[Page 70048-70049]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]



Fish and Wildlife Service

Notice of Availability of an Environmental Assessment/Habitat 
Conservation Plan and Receipt of an Application for Incidental Take 
Permit for Houston Toad During Construction of a Single Family 
Residence on 0.5 Acre of the 6.517-acre Lot 7 in the Overlook 
Subdivision in Bastrop County, Texas

SUMMARY: Tamera Smith (Applicant) has applied to the U.S. Fish and 
Wildlife Service (Service) for an incidental take permit pursuant to 
Section 10(a) of the Endangered Species Act (Act). The Applicant has 
been assigned permit number TE-020079-0. The requested permit, which is 
for a period of 5 years, would authorize the incidental take of the 
endangered Houston toad (Bufo houstonensis). The proposed take would 
occur as a result of the construction of a single family residence on 
Lot 7 of the

[[Page 70049]]

Overlook Subdivision, Bastrop County, Texas.
    The Service has prepared the Environmental Assessment/Habitat 
Conservation Plan (EA/HCP) for the incidental take application. A 
determination of jeopardy to the species or a Finding of No Significant 
Impact (FONSI) will not be made until at least 30 days from the date of 
publication of this notice. This notice is provided pursuant to Section 
10(c) of the Act and National Environmental Policy Act regulations (40 
CFR 1506.6).

DATES: Written comments on the application should be received on or 
before January 14, 2000.

ADDRESSES: Persons wishing to review the application may obtain a copy 
by writing to the Regional Director, U.S. Fish and Wildlife Service, 
P.O. Box 1306, Albuquerque, New Mexico 87103. Persons wishing to review 
the EA/HCP may obtain a copy by contacting Tannika Engelhard, 
Ecological Services Field Office, 10711 Burnet Road, Suite 200, Austin, 
Texas 78758 (512/490-0063). Documents will be available for public 
inspection by written request, by appointment only, during normal 
business hours (8:00 to 4:30) at the U.S. Fish and Wildlife Service, 
Austin, Texas. Written data or comments concerning the application and 
EA/HCP should be submitted to the Field Supervisor, Ecological Services 
Field Office, Austin, Texas at the above address. Please refer to 
permit number TE-020079-0 when submitting comments.

FOR FURTHER INFORMATION CONTACT: Tannika Engelhard at the above Austin 
Ecological Services Field Office.

SUPPLEMENTARY INFORMATION: Section 9 of the Act prohibits the 
``taking'' of endangered species such as the Houston toad. However, the 
Service, under limited circumstances, may issue permits to take 
endangered wildlife species incidental to, and not the purpose of, 
otherwise lawful activities. Regulations governing permits for 
endangered species are at 50 CFR 17.22.

APPLICANT: Tamera Smith plans to construct a single family residence on 
6.517 acres platted as Lot 7 in the Overlook Subdivision, Bastrop 
County, Texas. This action will eliminate less than one acre of 
habitat. The applicant proposes to mitigate for this incidental take of 
the Houston toad by donating $1,500 into the National Fish and Wildlife 
Foundation for the specific purpose of land acquisition and management 
within Houston toad habitat, as identified by the Service.
    Alternatives to this action were rejected because not developing 
the subject property with federally listed species present was not 
economically feasible and alteration of the project design would not 
alter the level of impacts.
Thomas L. Bauer,
Acting Regional Director, Region 2, Albuquerque, New Mexico.
[FR Doc. 99-32456 Filed 12-14-99; 8:45 am]