[Federal Register: March 20, 2003 (Volume 68, Number 54)]
[Notices]
[Page 13718-13719]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20mr03-75]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
Receipt of a Permit Application (Smoot) for Incidental Take of
the Houston Toad
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability.
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SUMMARY: Ralph Smoot (Applicant) has applied for an incidental take
permit (TE-068275-0) pursuant to section 10(a) of the Endangered
Species Act (Act). The requested permit would exempt the applicant from
Section 9 prohibitions. The proposed take would occur as a result of
the construction and occupation of Earth-sheltered condominiums on a
2.5-acre property on Highway 71, Bastrop County, Texas.
DATES: Written comments on the application should be received within
60 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,
[[Page 13719]]
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
Austin, Texas. Please refer to permit number TE-068275-0 when
submitting comments.
FOR FURTHER INFORMATION CONTACT: Clayton Napier, 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), 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 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 NEPA regulations (40 CFR 1506.6).
Applicant: Ralph Smoot plans to construct Earth-sheltered
condominiums, within 5 years, on a 2.5-acre property on Highway 71,
Bastrop County, Texas. This action will eliminate 2.5 acres or less of
Houston toad habitat and result in indirect impacts to the toad within
the property. The Applicant proposes to compensate for the loss of
Houston toad habitat by providing $5,000.00 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.
Susan MacMullin,
Acting Regional Director, Region 2.
[FR Doc. 03-6675 Filed 3-19-03; 8:45 am]
BILLING CODE 4510-55-P