[Federal Register: February 27, 2003 (Volume 68, Number 39)]
[Page 9093-9094]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]



Fish and Wildlife Service

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

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability.


SUMMARY: Lewis Tindall (Applicant) has applied for an incidental take 
permit (TE-0666141-0) pursuant to Section 10(a) of the Endangered 
Species Act (Act). The requested permit would authorize the incidental 
take of the endangered Houston toad (Bufo houstonensis). The proposed 
take would occur as a result of the construction and operation of a 
retail store on a 1.01-acre property on Highway 71, Bastrop County, 

DATES: Written comments on the application should be received on or 
before April 28, 2003.

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

[[Page 9094]]

Supervisor, U.S. Fish and Wildlife Service, Austin, Texas, at the above 
address. Please refer to permit number TE-066641-0 when submitting 

FOR FURTHER INFORMATION CONTACT: Clayton Napier at 10711 Burnet Road, 
Suite 200, Austin, Texas 78758.

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 for the incidental take application. A determination 
of jeopardy to the species and a decision pursuant to the National 
Environmental Policy Act (NEPA) will not be made until at least 60 days 
from the date of publication of this notice. This notice is provided 
pursuant to Section 10(c) of the Act and NEPA regulations (40 CFR 
    Applicant: Lewis Tindall plans to construct a retail store, within 
5 years, on a 1.01 acre property on Highway 71, Bastrop County, Texas. 
This action will eliminate 1.01 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 
$4,000.00 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.

Susan MacMullin,
Acting Regional Director, Region 2.
[FR Doc. 03-4592 Filed 2-26-03; 8:45 am]