[Federal Register: January 13, 2000 (Volume 65, Number 9)]
[Page 2189]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]



Fish and Wildlife Service

Notice of Availability of an Environmental Assessment/Habitat 
Conservation Plan and Receipt of an Application for Incidental Take 
Permit for Houston Toad (Bufo houstonensis) During Construction of a 
Single Family Residence on 5.06 Acres on Lot 18 in Section One of the 
Circle D Subdivision in Bastrop County, Texas

    SUMMARY: James L. Adams (Applicant) has 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 Applicant has 
been assigned permit number TE-021226-0. 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 of a single family residence on 
Lot 18 in Section One of the Circle D Subdivision, Bastrop County, 

    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 February 14, 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. Persons wishing to review 
the EA/HCP may obtain a copy by contacting Scott Rowin, Ecological 
Services Field Office, 10711 Burnet Road, Suite 200, Austin, Texas 
78758 (512/490-0063). 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 Field Supervisor, Ecological Services Field Office, 
Austin, Texas at the above address. Please refer to permit number TE-
021226-0 when submitting comments.

FOR FURTHER INFORMATION CONTACT: Scott Rowin at the above Austin 
Ecological Services Field Office.

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.

    APPLICANT: James L. Adams plans to construct a single family 
residence on 5.06 acres platted as Lot 18 in Section One of the Circle 
D Subdivision, Bastrop County, Texas. This action will eliminate less 
than one acre of habitat. The applicant proposes to mitigate for this 
incidental take of the Houston toad by donating $1,500 into 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,
Regional Director, Region 2, Albuquerque, New Mexico.
[FR Doc. 00-800 Filed 1-12-00; 8:45 am]