[Federal Register: January 17, 2001 (Volume 66, Number 11)]
[Page 4035-4036]
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

    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 approximately 0.5 acres 
of the 15.245-acre property on McBride Lane, Bastrop County, Texas 

SUMMARY: James and Bernice Wirries (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-037191-0. The requested 
permit, which is for a period of 7 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 approximately 0.5 acres of 
the 15.245-acre property on McBride Lane, Bastrop County, Texas.
    The Service has prepared the Environmental Assessment/Habitat 
Conservation Plan (EA/HCP) for the incidental take application. A

[[Page 4036]]

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 16, 2001.

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 Clayton 
Napier, 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-037191-0 when submitting comments.

FOR FURTHER INFORMATION CONTACT: Clayton Napier 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.
    Applicants: James and Bernice Wirries plan to construct a single-
family residence on approximately 0.5 acres of the 15.245-acre property 
on McBride Lane, Bastrop County, Texas. This action will eliminate 0.5 
acres or less of Houston toad habitat and result in indirect impacts 
within the property. The Applicants propose to compensate for this 
incidental take of the Houston toad by providing $2,000.00 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.

Bryan Arroyo,
Acting Regional Director, Region 2, Albuquerque, New Mexico.
[FR Doc. 01-1302 Filed 1-16-01; 8:45 am]