[Federal Register: April 17, 2000 (Volume 65, Number 74)]
[Page 20482-20483]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]



Fish and Wildlife Service

Notice of Availability

    Notice of Availability of an Environmental Assessment/Habitat 
Conservation Plan and Receipt of Application for an Incidental Take 
Permit for the Construction of One Single Family Residence on 0.5 acres 
of the 7.6-acre Lot 20, Section 2 in the Circle D Country Acres 
Subdivision in Bastrop County, Texas.
SUMMARY: Paula Hanks and Jason Sims (Applicants) have applied to the 
U.S. Fish and Wildlife Service (Service) for an incidental take permit 
pursuant to Section 10(a) of the Endangered Species Act (Act). The 
Applicants have been assigned permit number TE-024872-0. The requested 
permit, which is for a period of 5 years, would authorize the 
incidental take of the endangered Houston Toad (Bufo houstonensis). The 
proposed take would occur as a result of the construction and 
occupation of one single family residence on Lot 20, Section 2 of the 
Circle D Country Acres Subdivision, Bastrop County, Texas.
    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).

DATES: Written comments on the application should be received on or 
before May 17, 2000.

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, Albuquerque, New Mexico 87103.

[[Page 20483]]

Persons wishing to review the EA/HCP may obtain a copy by written or 
telephone request to Tannika Engelhard, U.S. Fish and Wildlife Service, 
Ecological Services Office, 10711 Burnet Road, Suite 200, Austin, Texas 
78758 (512/490-0057, extension 242). Documents will be available for 
public inspection by written request or by appointment only during 
normal business hours (8:00 to 4:30) at the U.S. Fish and Wildlife 
Service Office, Austin, Texas. Data or comments concerning the 
application and EA/HCP should be submitted in writing to the Field 
Supervisor, U.S. Fish and Wildlife Service Office, Austin, Texas at the 
above address. Please refer to permit number TE-024872-0 when 
submitting comments.

FOR FURTHER INFORMATION CONTACT: Tannika Engelhard at the above 
U.S.Fish and Wildlife Service Office, Austin, TX.

SUPPLEMENTARY INFORMATION: 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. Regulations governing permits for 
endangered species are at 50 CFR 17.22.


    Paula Hanks and Jason Sims plan to construct one single family 
residence on 0.5 acres of the 7.6-acre Lot 20, Section 2 in the Circle 
D Country Acres Subdivision, Bastrop County, Texas. This action will 
eliminate less than one acre of habitat and result in an unquantifiable 
amount of indirect impact. The applicants propose to compensate for 
this incidental take of the Houston Toad by providing $1,500.00 to the 
National Fish and Wildlife Foundation for the specific purpose of land 
acquisition and management within Houston toad habitat, as identified 
by the Service.
    Alternatives to this action were rejected because not developing 
the subject property with federally listed species present was not 
economically feasible and alteration of the project design would not 
alter the level of impacts.

Geoffrey L. Haskett,
Acting Regional Director, Region 2, Albuquerque, New Mexico.
[FR Doc. 00-9356 Filed 4-14-00; 8:45 am]