[Federal Register: June 8, 2000 (Volume 65, Number 111)]
[Page 36455-36456]
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 a Permit for the 
Incidental Take of the Houston Toad (Bufo Houstonensis) During 
Construction of One Single Family Residence on 0.5 acres of the 2.0-
acre Lot 56, Unit 7, Block 1 in the Pine Forest Subdivision, Bastrop 
County, TX (Berger)

SUMMARY: David and Carol Berger (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-027260-0. 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 0.5 acres of the 2.0-acre 
Lot 56, Unit 7, Block 1 in the Pine Forest Subdivision, Bastrop County, 

[[Page 36456]]

    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 July 10, 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, Room 4102, Albuquerque, New Mexico 87103. Persons 
wishing to review the EA/HCP may obtain a copy by contacting Tannika 
Engelhard, U.S. Fish and Wildlife Service, Austin Office, 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 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, 
U.S. Fish and Wildlife Service, Austin, Texas, at the above address. 
Please refer to permit number TE-027260-0 when submitting comments.

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


    David and Carol Berger plan to construct a single family residence 
on 0.5 acres of the 2.0-acre Lot 56, Unit 7, Block 1 in the Pine Forest 
Subdivision, 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 applicants propose to compensate for this 
incidental take of the Houston toad by providing $1,500 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.

Geoffrey L. Haskett,
Regional Director, Region 2; Albuquerque, New Mexico.
[FR Doc. 00-14428 Filed 6-7-00; 8:45 am]