[Federal Register: August 18, 2003 (Volume 68, Number 159)]
[Page 49511-49512]
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 Application for Incidental Take of the 
Houston Toad

AGENCY: U.S. Fish and Wildlife Service, Interior.

ACTION: Notice of availability.


SUMMARY: Elizabeth Ott (Applicant) has applied for an incidental take 
permit (TE-074986-0) 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 4.137-acre property on Highway 290, 
Bastrop County, Texas.
    The Service has prepared the Environmental Assessment/Habitat 
Conservation Plan (EA/HCP) for the incidental take application. A 
determination of jeopardy or non-jeopardy to the species and a decision 
pursuant to the National Environmental Policy Act (NEPA) will not be 
made until at least 60 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 by 
September 17, 2003.

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 written or telephone 
request to Clayton Napier, U.S. Fish and Wildlife Service, Ecological 
Services Office, 10711 Burnet Road, Suite 200, Austin, Texas 78758 
(512/490-0057). Documents will be available for public inspection, by 
written request or by appointment only, during normal business hours (8 
a.m. to 4:30 p.m.) at the U.S. Fish and Wildlife Service Office, 
Austin, Texas. Data or comments concerning the application and EA/HCP 
should be submitted in writing to the Field Supervisor, U.S. Fish and 
Wildlife Service Office, Austin, Texas at 10711 Burnet Road, Suite 200, 
Austin, Texas 78758. Please refer to permit number TE-074582-0 when 
submitting comments.

FOR FURTHER INFORMATION CONTACT: Clayton Napier at the U.S. Fish and 
Wildlife Service, Ecological Services Office, 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 
Service, under limited circumstances, may issue permits to take 
endangered wildlife species incidental to, and not the

[[Page 49512]]

purpose of, otherwise lawful activities. Regulations governing permits 
for endangered species are at 50 CFR 17.22.
    Applicant: Elizabeth Ott plans to construct a single family 
residence, within 5 years, on approximately 0.5 acres of a 4.137-acre 
property on Highway 290, 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, Southwest Region, Albuquerque, New Mexico.
[FR Doc. 03-20988 Filed 8-15-03; 8:45 am]