[Federal Register: August 5, 2002 (Volume 67, Number 150)]
[Page 50689]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]



Fish and Wildlife Service

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

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability.


SUMMARY: Michael Laster and Elizabeth Pardue (Applicants) have applied 
for an incidental take permit (TE-053011-0) 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 
10.004-acre property in Cottletown Ranches Subdivision, Bastrop County, 
    DATES : Written comments on the application should be received 
within 30 days of the date of this publication.

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 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, 10711 Burnet Road, Suite 200, Austin, Texas 78758 
(512/490-0057). Please refer to permit number TE-053011-0 when 
submitting comments.

FOR FURTHER INFORMATION CONTACT: Clayton Napier, 10711 Burnet Road, 
Suite 200, Austin, Texas 78758 (512/490-0057).

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 incidental to, and 
not the purpose of, otherwise lawful activities. Regulations governing 
permits for endangered species are at 50 CFR 17.22.
    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: Michael Laster and Elizabeth Pardue plan to construct a 
single-family residence, within 5 years, on approximately 0.5 acres of 
a 10.004-acre property in Cottletown Ranches Subdivision, Bastrop 
County, Texas. Houston toads have been documented on or within one mile 
of the Cottletown Ranches Subdivision, which is evidence that take of 
the Houston toad will occur on this subject property. Therefore, the 
Service has recommended that the landowner apply for a 10(a)(1)(B) 
permit to be fully covered under the Endangered Species Act for any 
incidental take of the toad that may occur as a result of the 
Applicants' activities on the subject property. The Applicants 
voluntarily have agreed to apply for a 10(a)(1)(B) permit to reduce 
their risk of liability.
    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 $3,000.00 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, Southwest Region.
[FR Doc. 02-19625 Filed 8-2-02; 8:45 am]