[Federal Register: August 14, 2006 (Volume 71, Number 156)]
[Page 46505-46506]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]



Fish and Wildlife Service

Notice of Availability To Extend a Section 10(a)(1)(B) Permit for 
Incidental Take of the Houston Toad and Bald Eagle During the 
Construction and Occupation of Single-Family Residences or Other 
Similar Structures Within 46 Subdivisions (46 Subdivisions) in Bastrop 
County, TX

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

ACTION: Notice of availability.


SUMMARY: The U.S. Fish and Wildlife Service (Service) proposes to 
extend permits TE-025997-2 and TE-025965-2 (permits) associated with 
the 46-Subdivision Environmental Assessment/Habitat Conservation Plan 
(EA/HCP) for two additional years from the date of reissuance, pursuant 
to Section 10(a)(1)(B) of the Endangered Species Act (Act) of 1973, as 
amended. The existing permits cover both direct and indirect incidental 
take of the Houston toad (Bufo houstonensis) and Bald eagle (Haliaeetus 
leucocephalus) during the construction and occupation of single-family 
residences or other similar structures within the 46 subdivisions 
listed in the HCP. The current permit will expire on July 27, 2006.

DATES: To ensure consideration, written comments must be received on or 
before September 13, 2006.

ADDRESSES: 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 a.m. to 4:30 p.m.) at the 
Service's Austin office. Written data or comments concerning the 
extension of the permits should be submitted to the Supervisor, U.S. 
Fish and Wildlife Service, 10711 Burnet Road, Suite 200, Austin, Texas 
78758. Please refer to permit number TE-025997 and TE-025965 when 
submitting comments. All comments received, including names and 
addresses, will become a part of the official administrative record and 
may be made available to the public.

FOR FUTHER INFORMATION CONTACT: Clayton Napier at U.S. Fish and 
Wildlife Service, 10711 Burnet Road, Suite 200, Austin, Texas 78758 
(512/490-0057) or by e-mail, Clayton_Napier@fws.gov.

SUPPLEMENTARY INFORMATION: The Service proposes to extend permits TE-
025997-2 and TE-025965-2 for an additional two years from the date of 
signature on the re-issued permit. The EA/HCP allows for the 
construction of single family residences or other similar structures, 
as long as the action on the property disturbs no more than 
approximately 0.5 acres of habitat within each eligible lot. The EA/HCP 
will allow for responsible development while minimizing and offsetting 
impacts to the Houston toad and bald eagle by providing for on-site and 
off-site conservation measures that will be used to promote the long-
term survival of the species. It is also considered to provide the most 
simplified, expeditious, and effective process by which landowners can 
comply with the provisions of the Act in a more efficient manner. The 
revised EA/HCP requires the same avoidance, minimization, and 
mitigation efforts from every lot owner, within their respective 
    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 purpose of, otherwise lawful activities.
    We provide this notice under section 10(c) of the Act (16 U.S.C. 
1531 et seq.) and its implementing regulations (50

[[Page 46506]]

CFR 17.22), and the National Environmental Policy Act (42 U.S.C. 4371 
et seq.) and its implementing regulations (40 CFR 1506.6).
    Applicant: Each applicant's project will permanently disturb a 
maximum of 0.5 acres of Houston toad habitat within one of the 46 
subdivisions. Each applicant will compensate for incidental take of the 
Houston toad by providing funds to the National Fish and Wildlife 
Foundation for the specific purpose of land acquisition, protection, 
and management within Houston toad habitat, as identified by the 

Benjamin N. Tuggle,
Acting Regional Director, Region 2, Albuquerque, New Mexico.
 [FR Doc. E6-13240 Filed 8-11-06; 8:45 am]