[Federal Register: February 4, 2000 (Volume 65, Number 24)]
[Page 5655]
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 of the Houston Toad (Bufo houstonensis) During Construction of a 
Single Family Residence on 1.3 acres on Lot 51, Section 5 in the Circle 
D Country Acres Subdivision, Bastrop County, TX

SUMMARY: Dorathy Walters (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-021659-0. 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 51, Section 5 in the Circle D Country Acres 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 March 6, 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 Englehard, 
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-021659-0 when submitting comments.

FOR FURTHER INFORMATION CONTACT:  Tannika Englehard 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.


    Dorathy Walters plans to construct a single family residence on 
1.03 acres platted as Lot 51, Section 5 in the Circle D Country Acres 
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,
Regional Director, Region 2, Albuquerque, New Mexico.
[FR Doc. 00-2465 Filed 2-3-00; 8:45 am]