[Federal Register: April 7, 2000 (Volume 65, Number 68)]
[Page 18347-18348]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]



Fish and Wildlife Service

Permit for the Incidental Take of the Houston Toad (Bufo 
Houstonensis); Bastrop County, TX

SUMMARY: Lorie Lopez (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 numbers TE-024873. 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 and occupation of one single 
family residence on Lot 41 of the Circle D Estates 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 before 30 days from the date of 
publication of this

[[Page 18348]]

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 May 8, 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 Scott Rowin, U.S. Fish and 
Wildlife Service, 10711 Burnet Road, Suite 200, Austin, Texas 78758 
(512/490-0057). Documents will be available for public inspection by 
written request or by appointment only during normal business hours 
(8:00 to 4:30) at 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, U.S. Fish and Wildlife Service, 
Austin, Texas at the above address. Please refer to permit number TE-
024873 when submitting comments.

FOR FURTHER INFORMATION CONTACT: Scott Rowin at the above U.S. Fish and 
Wildlife Service 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.


    Lorie Lopez plans to construct one single family residence on 0.757 
acres platted as Lot 41, in the Circle D Estates Subdivision, Bastrop 
County, Texas. This action will eliminate less than one acre of habitat 
and result in an unquantifiable amount of indirect impact. The 
applicant proposes to compensate for this incidental take of the 
Houston Toad by donating $1,500.00 to 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.

Geoffrey L. Haskett,
Acting Regional Director, Region 2, Albuquerque, New Mexico.
[FR Doc. 00-8625 Filed 4-6-00; 8:45 am]