[Federal Register: December 26, 2000 (Volume 65, Number 248)]
[Page 81538-81539]
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

ACTION: 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 the 10.0-acre tract 2 out of the James West survey, abstract 
No. 334, Bastrop County, Texas.


SUMMARY: Michael and Judy Harding (Applicants) have 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 
Applicants have been assigned permit number TE-036096-0. 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 on 0.5 acres of the 10.0-acre 
Tract 2 out of the James West Survey, Abstract No. 334, 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 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 25, 2001.

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). 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-036096-0 
when submitting comments.

FOR FURTHER INFORMATION CONTACT: Tannika Engelhard 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.


    Michael and Judy Harding plan to construct a single-family 
residence on 0.5 acres of the 10.0-acre Tract 2 out of the James West 
Survey, Abstract No. 334, Bastrop County, Texas. This action will 
eliminate 0.5 acres or less of Houston toad habitat and result in 
indirect impacts within the property. The Applicants propose to 

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for this incidental take of the Houston toad by providing $2,000.00 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.

Bryan Arroyo,
Regional Director, Region 2, Albuquerque, New Mexico.
[FR Doc. 00-32860 Filed 12-22-00; 8:45 am]