[Federal Register: July 17, 2000 (Volume 65, Number 137)]
[Page 44068]
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 Two Single Family Residences on up to 0.5 acres Each of 
the 0.567-acre Lot 48, Section 8, and of the 0.493-acre Lot 70, Section 
8, in the Circle D Country Acres Subdivision, Bastrop County, Texas 

SUMMARY: Jim Rush, Green Builder Inc. (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-029949-0. 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 two single family residences on up to 0.5 acres each of 
the following two lots in the Circle D Country Acres Subdivision, 
Bastrop County, Texas: (1) the 0.567-acre Lot 48, Section 8, and, (2) 
the 0.493-acre Lot 70, Section 8.
    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 August 16, 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 Tannika Engelhard, 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 
(8:00 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 Supervisor, U.S. Fish and Wildlife Service, Austin, 
Texas, at the above address. Please refer to permit number TE-029949-0 
(Rush) 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.


    Jim Rush, Green Builder, Inc. plans to construct a single family 
residence on up to 0.5 acres of the 0.567-acre Lot 48, Section 8 and of 
the 0.493-acre Lot 70, Section 8 in the Circle D Country Acres 
Subdivision, Bastrop County, Texas. This action will eliminate less 
than 1.0 acre (0.5 acres or less per homesite) of Houston toad habitat 
and result in indirect impacts within the lot. The Applicant proposes 
to compensate for this incidental take of the Houston toad by providing 
$3,000.00 ($1,500.00 per homesite) 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.

Renne Lohoefener,
Regional Director, Region 2, Albuquerque, New Mexico.
[FR Doc. 00-17985 Filed 7-14-00; 8:45 am]