[Federal Register: August 23, 2001 (Volume 66, Number 164)]
[Page 44370]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]



Fish and Wildlife Service

Receipt of a Permit Application (Clayton) for Incidental Take of 
the Houston Toad

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability.


SUMMARY: James and Wanda Clayton (Applicants) have applied for an 
incidental take permit (TE-046417-0) pursuant to Section 10(a) of the 
Endangered Species Act (Act). The requested permit would authorize the 
incidental take of the endangered Houston toad. The proposed take would 
occur as a result of the construction and occupation of a single-family 
residence on approximately 0.5 acres of a 10.0-acre property on Dube 
Lane, Bastrop County, Texas.

DATES:  Written comments on the application should be received on or 
before September 24, 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, Room 4102, Albuquerque, New Mexico 87103. Persons 
wishing to review the EA/HCP may obtain a copy by contacting Clayton 
Napier, 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-046417-0 when submitting comments.

FOR FURTHER INFORMATION CONTACT: Clayton Napier 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 
Fish and Wildlife Service (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.
    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).
    Applicant: James and Wanda Clayton plan to construct a single-
family residence, within 5 years, on approximately 0.5 acres of a 10.0-
acre property on Dube Lane, Bastrop County, Texas. This action will 
eliminate 0.5 acres or less of Houston toad habitat and result in 
indirect impacts within the lot. The Applicant proposes to compensate 
for this incidental take of the Houston toad by providing $2,000.00 to 
the Houston Toad Conservation Fund at the National Fish and Wildlife 
Foundation for the specific purpose of land acquisition and management 
within Houston toad habitat.

Steven M. Chambers,
Acting Regional Director, Region 2.
[FR Doc. 01-21275 Filed 8-22-01; 8:45 am]