[Federal Register: March 5, 2007 (Volume 72, Number 42)]
[Page 9772]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]



Fish and Wildlife Service

Draft Environmental Assessment/Habitat Conservation Plan; Receipt 
of Application for Incidental Take of the Houston Toad in Bastrop 
County, TX (Combs Lot 2)

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability; receipt of application.


SUMMARY: Lee Combs (Applicant) has applied to the U.S. Fish and 
Wildlife Service (Service) for an incidental take permit (TE-141705-0) 
pursuant to Section 10(a)(1)(B) of the Endangered Species Act (Act) of 
1973, as amended. The requested permit, which is for a period of five 
years, would authorize incidental take of the Houston toad (Bufo 
houstonensis). The proposed take would occur as a result of the 
construction and occupation of commercial development on Lot 2, a 0.75-
acre property located on Highway 71 in the Tahitian Village 
Subdivision, Bastrop County, Texas. We invite public comment.

DATES: To ensure consideration, written comments must be received on or 
before April 4, 2007.

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 draft 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 
Service's Austin office. Written data or comments concerning the 
application and draft EA/HCP should be submitted to the Supervisor, 
U.S. Fish and Wildlife Service, 10711 Burnet Road, Suite 200, Austin, 
Texas 78758. Please refer to permit number TE-141705-0 when submitting 
comments. All comments received, including names and addresses, will 
become a part of the official administrative record and may be made 
available to the public.

Wildlife Service Austin office, 10711 Burnet Road, Suite 200, Austin, 
Texas 78758 (512/490-0057) or by e-mail, Clayton_Napier@fws.gov.

SUPPLEMENTARY INFORMATION: The Applicant has applied to the Service for 
a Section 10(a)(1)(B) incidental take permit for a period of five years 
in order to authorize incidental take of the Houston toad.
    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.
    We provide this notice under section 10(c) of the Act (16 U.S.C. 
1531 et seq.) and its implementing regulations (50 CFR 17.22), and the 
National Environmental Policy Act (42 U.S.C. 4371 et seq.), and its 
implementing regulations (40 CFR 1506.6).
    Applicant: The Applicant is proposing general commercial 
development and construction activities on Lot 2, a 0.75-acre property 
located on Highway 71 in the Tahitian Village Subdivision, Bastrop 
County, Texas. This action will eliminate up to 0.75 acres of Houston 
toad habitat and result in indirect impacts within the lot. The 
Applicant proposes to compensate for incidental take of the Houston 
toad by providing $2,250.00 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.

Christopher T. Jones,
Acting Regional Director, Region 2, Albuquerque, New Mexico.
[FR Doc. E7-3768 Filed 3-2-07; 8:45 am]