[Federal Register: May 16, 2000 (Volume 65, Number 95)]
[Page 31186]
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 for Issuance of an Endangered Species Act Section 
10(a)(1)(A) Permit for the Incidental Take Permit of the Houston Toad 
(Bufo houstonensis) During Construction of One Single Family Residence 
on Lots 247-248, Unit 2, Block 3 in the Tahitian Village Subdivision in 
Bastrop County, Texas

SUMMARY: Richard Hyatt (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-025653-0. 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 Lots 247-248, Unit 2, Block 3, of the Tahitian 
Village 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 and the EA/HCP should be 
received on or before June 15, 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 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). 
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-025653-0 
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.


    Richard Hyatt plans to construct one single family residence on 0.5 
acres of the 0.5-acres Lots 247-248, Unit 2, Block 3, Tahitian Village 
Subdivision, Bastrop County, Texas. This action will eliminate less 
than 0.5 acres 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 $1,000.00 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.

Frank S. Shoemaker, Jr.,
Acting Regional Director, Region 2, Albuquerque, New Mexico.
[FR Doc. 00-12247 Filed 5-15-00; 8:45 am]