[Federal Register: February 23, 2004 (Volume 69, Number 35)]
[Page 8230]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]



Fish and Wildlife Service

Receipt of a Permit Application and Availability of an HCP 
(White) for Incidental Take of the Houston Toad

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability.


SUMMARY: John White (applicant) has applied for an incidental take 
permit (TE-082706-0) pursuant to section 10(a) of the Endangered 
Species Act, as amended (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 of multi-family residential units 
(four-plexes or apartments) on a 2.398-acre property in the Tahitian 
Village Subdivision, Bastrop County, Texas.

DATES: To ensure consideration, written comments must be received on or 
before April 23, 2004.

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 or by appointment only, during 
normal business hours (8 to 4:30) at the U.S. Fish and Wildlife 
Service, Austin, Texas Office. 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-082706-0 when submitting comments.

FOR FURTHER INFORMATION CONTACT: Clayton Napier at the above U.S. Fish 
and Wildlife Service, Austin, Texas 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 when the taking is 
incidental to, and not the purpose of, otherwise lawful activities. 
Regulations governing permits for endangered species are at 50 CFR 
    The Service has prepared the Environmental Assessment/Habitat 
Conservation Plan (EA/HCP) for the incidental take application. A 
determination of jeopardy or non-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 1506.6).
    Applicant: John White plans to construct multi-family residential 
units, within 5 years, on a 2.398-acre property in the Tahitian Village 
Subdivision in Bastrop County, Texas. This action will eliminate 2.398 
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 $4,796.00 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.

    Authority: 16 U.S.C. 1531, et seq.

Bryan Arroyo,
Assistant Regional Director, Ecological Services, Region 2, 
Albuquerque, New Mexico.
[FR Doc. 04-3794 Filed 2-20-04; 8:45 am]