[Federal Register: August 7, 2001 (Volume 66, Number 152)]
[Page 41261-41262]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]



Fish and Wildlife Service

Receipt of a Permit Application (Raz) for Incidental Take of the 
Houston Toad

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability.


SUMMARY: Martin Raz (Applicant) has applied for an incidental take 
permit (TE-042729-0) pursuant to section 10(a) of the Endangered 
Species Act (Act). The requested permit would authorize the incidental 
take of the endangered Houston toad. The proposed take would occur as a 
result of the construction and occupation of a single-family residence 
on approximately 0.5 acres of a 10.0-acre property on Old Potato Road, 
Bastrop County, Texas.

DATES: Written comments on the application should be received on or 
before September 6, 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-042729-0 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 
Fish and Wildlife Service (Service), under limited circumstances, may 
issue permits to take endangered wildlife species

[[Page 41262]]

incidental to, and not the purpose of, otherwise lawful activities. 
Regulations governing permits for endangered species are at 50 CFR 
    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).
    Applicant: Martin Raz plans to construct a single-family residence, 
within 5 years, on approximately 0.5 acres of a 10.0-acre property on 
Old Potato Road, 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 Applicant proposes to compensate for this 
incidental take of the Houston toad by providing $2,000.00 to the 
Houston Toad Conservation Fund at the National Fish and Wildlife 
Foundation for the specific purpose of land acquisition and management 
within Houston toad habitat.

Bryan Arroyo,
Acting Regional Director, Region 2.
[FR Doc. 01-19695 Filed 8-6-01; 8:45 am]