[Federal Register: June 6, 2005 (Volume 70, Number 107)] [Notices] [Page 32844] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr06jn05-46] ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR Fish and Wildlife Service Notice of Availability of a Draft Environmental Assessment/ Habitat Conservation Plan and Receipt of a Permit Application (Reyna) for Incidental Take of the Houston Toad AGENCY: Fish and Wildlife Service, Interior. ACTION: Notice of availability and 60-day public comment period. ----------------------------------------------------------------------- SUMMARY: Jesus Reyna (Applicant) has applied for an incidental take permit (TE-104765-0) pursuant to Section 10(a) of the Endangered Species Act (Act). The requested permit would authorize incidental take of the endangered Houston toad. The proposed take would occur as a result of the construction and occupation of a primary residence and detached garage, guest house and detached garage, workshop, well pump house, and three septic systems on an approximately 16.545-acre (6.68- hectare) tract of land located on Felix Road, Bastrop County, Texas. DATES: To ensure consideration, written comments must be received on or before August 5, 2005. 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 draft Environmental Assessment/Habitat Conservation Plan (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 a.m. to 4:30 p.m.) at the U.S. Fish and Wildlife Service office, 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-104765-0 when submitting comments. FOR FURTHER INFORMATION CONTACT: Clayton Napier at the U.S. Fish and Wildlife Service, 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) may issue permits to take endangered wildlife species, if the take is 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 draft 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 after the date of publication of this notice. This notice is provided pursuant to Section 10(c) of the Act and NEPA regulations (40 CFR 1506.6). Applicant: Jesus Reyna plans to construct a primary residence and detached garage, guest house and detached garage, workshop, well pump house, and three septic systems on an approximately 16.545-acre (6.68- hectare) tract of land located on Felix Road, Bastrop County, Texas. This action will eliminate 0.5 acres of Houston toad habitat and result in indirect impacts. The Applicant proposes to compensate for 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 and by complying with other mitigation measures found in the incidental take permit. Joy E. Nicholopoulos, Acting Regional Director, Region 2, Albuquerque, New Mexico. [FR Doc. 05-11151 Filed 6-3-05; 8:45 am] BILLING CODE 4510-55-P