[Federal Register: October 3, 2000 (Volume 65, Number 192)]
[Page 59010-59011]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]



Fish and Wildlife Service

Notice of Receipt of an Application and Availability of an 
Environmental Assessment/Habitat Conservation Plan for Issuance of an 
Endangered Species Act Section 10(a)(a)(B) Permit for a Permit for the 
Incidental Take of the Houston Toad (Bufo houstonensis) During 
Construction of One Permanent Single Family Residence and a Pond on 
Approximately 4.5 Acres of the 89-Acre Tract of Land Located Off of 
Cottletown Road, Bastrop County, Texas

SUMMARY: Robert Gilfillan (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-033887-0. 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 permanent 
single family residence, one temporary home, and one pond on 4.5 acres 
of the 89-acre tract of land located off of Cottletown Road, 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 December 4, 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, 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 Supervisor, U.S. Fish and Wildlife Service, Austin, 
Texas, at the above address. Please refer to permit number TE-033887-0 
when submitting comments.

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


    Robert Gilfillan plans to construct a permanent single family 
residence, a temporary home (trailer/mobile home) and a pond on 4.5 
acres of the 893-acre tract of land located off of Cottletown Road, 
Bastrop County, Texas. The temporary home will occupy approximately 0.5 
acres and will be

[[Page 59011]]

used during construction of the permanent residence and pond. Once 
completed it is anticipated the temporary home will be removed. This 
action will eliminate 4.5 acres or less of Houston toad habitat and 
result in indirect impacts within the property. The applicant proposes 
to compensate for this incidental take of the Houston toad by providing 
$6,000.00 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.

Renne Lohoefener,
Regional Director, Region 2, Albuquerque, New Mexico.
[FR Doc. 00-25325 Filed 10-2-00; 8:45 am]