[Federal Register: February 4, 2002 (Volume 67, Number 23)]
[Page 5129-5130]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]



Fish and Wildlife Service

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

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability.


SUMMARY: Steven and Susan Bearry (Applicants) have applied for an 
incidental take permit (TE-051539-0) 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 acre of the 22.849-acre Tract 23 in the 
Cottletown Ranches Subdivision, Bastrop County, Texas.

DATES: Written comments on the application should be received within 
the date of this publication.

ADDRESSES: Persons wishing to review the application may obtain a copy 
by writing to the Regional Director, U.S.

[[Page 5130]]

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, Austin, Texas, at the above address. Please 
refer to permit number TE-051539-0 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 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).


    Steven and Susan Bearry plan to construct a single-family 
residence, within 5 years, on approximately 0.5 acre of the 22.849-acre 
Tract 23 in the Cottletown Ranches Subdivision, Bastrop County, Texas. 
This action will eliminate 0.5 acre 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 
$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.

Stuart Leon,
Acting Regional Director, Region 2.
[FR Doc. 02-2198 Filed 2-1-02; 8:45 am]