[Federal Register: April 7, 2000 (Volume 65, Number 68)]
[Page 18348]
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 for Issuance of an Endangered Species Act Section 
10(a)(1)(B) Permit for the Incidental Take of the Houston Toad (Bufo 
houstonensis) During Construction of One Single Family Residence on 0.5 
Acres of Each of 22 Lots in the Pine Oak Estates Subdivision, Bastrop 
County, Texas

SUMMARY: John Schuelke (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 (ESA). The Applicant has 
been assigned permit number TE-023822-0. 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 and occupation of one single 
family residence each on Lots 5-8, 10-15, 22-24, 25A, 26A, 27A&B, 
28A&B, 29A&B, 30A in the Pine Oak Estates Subdivision, Bastrop County, 
    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 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 Tannika Engelhard, U.S. Fish 
and Wildlife Service, 10711 Burnet Road, Suite 200, Austin, Texas 78758 
(512/490-0057, extension 242). Documents will be available for public 
inspection by written request or by appointment only during normal 
business hours (8:00 to 4:30) at the U.S. Fish and Wildlife Service 
office, Austin, Texas. Written data or comments concerning the 
application and EA/HCP should be submitted to the Supervisor, U.S. Fish 
and Wildlife Service, Austin, Texas at the above address. Please refer 
to permit number TE-023822-0 when submitting comments.

FOR FURTHER INFORMATION CONTACT: Tannika Engelhard at the above U.S. 
Fish and Wildlife Service office, Austin, Texas.

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.


    John Schuelke proposes to construct one single family residence on 
0.5 acres of each of twenty-two (22) lots (Lots 5-8, 10-15, 22-24, 25A, 
26A, 27A&B, 28A&B, 29A&B, 30A) in the Pine Oak Estates Subdivision, 
Bastrop County, Texas. This action will eliminate less than eleven 
acres of habitat (0.5 acres or less per homesite) and result in 
indirect impacts within the lot. The applicant proposes to compensate 
for this incidental take of the Houston toad by providing $33,000.00 
($1,500.00 per homesite) 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 properties 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. 00-8626 Filed 4-6-00; 8:45 am]