[Federal Register: January 25, 2005 (Volume 70, Number 15)]
[Page 3546]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]



Fish and Wildlife Service

Notice of Availability of a Draft Environmental Assessment/
Habitat Conservation Plan and Receipt of a Permit Application (Becker) 
for Incidental Take of the Houston Toad

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability.


SUMMARY: Robert Becker (Applicant) has applied for an incidental take 
permit (TE-098535-0) pursuant to Section 10(a) of the Endangered 
Species Act (Act). The requested permit would authorize 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 
and associated structures on 0.5 acres (0.2 hectare) of a 6.58-acre 
(2.66 hectare) property located on Barras Road, Bastrop County, Texas.

DATES: To ensure consideration, written comments must be received on or 
before March 28, 2005.

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 Environmental Assessment/Habitat Conservation 
Plan (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 
a.m. to 4:30 p.m.) 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, 
10711 Burnet Road, Suite 200, Austin, Texas, at the above address. 
Please refer to permit number TE-098535-0 when submitting comments.

FOR FURTHER INFORMATION CONTACT: Clayton Napier at the U.S. Fish and 
Wildlife Service, Austin Office, 10711 Burnet Road, Suite 200, (512-

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 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 National Environmental Policy Act regulations (40 CFR 1506.6).
    Applicant: Robert Becker plans to construct a single family 
residence and associated structures on 0.5 acres of a 6.58-acre 
property located on Barras Road, 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.

Joy E. Nicholopoulos,
Acting Regional Director, Southwest Region.
[FR Doc. 05-1296 Filed 1-24-05; 8:45 am]