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###### Department of the Interior

###### Fish and Wildlife Service 

# SUMMARY:

                        David and Carol Berger (Applicants) have applied to the U.S. Fish and Wildlife Service (Service) for an incidental take permit pursuant to Section 10(a) of the Endangered Species Act (Act). The Applicants have been assigned permit number TE-027260-0. The requested permit, which is for a period of 5 years, would authorize the incidental take of the endangered Houston toad                         *(Bufo Houstonensis)*. The proposed take would occur as a result of the construction and occupation of one single family residence on 0.5 acres of the 2.0-acre Lot 56, Unit 7, Block 1 in the Pine Forest Subdivision, Bastrop County, Texas.                               ( print page 36456)    

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). 

# DATES:

Written comments on the application should be received on or before July 10, 2000. 

# 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 Tannika Engelhard, U.S. Fish and Wildlife Service, Austin Office, 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 Field Supervisor, U.S. Fish and Wildlife Service, Austin, Texas, at the above address. Please refer to permit number TE-027260-0 when submitting comments. 

# FOR FURTHER INFORMATION CONTACT:

Tannika Engelhard 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 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. 

## Applicant

David and Carol Berger plan to construct a single family residence on 0.5 acres of the 2.0-acre Lot 56, Unit 7, Block 1 in the Pine Forest Subdivision, 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 applicants propose to compensate for this incidental take of the Houston toad by providing $1,500 to the National Fish and Wildlife Foundation for the specific purpose of land acquisition and management within Houston toad habitat, as identified by the Service. 

Geoffrey L. Haskett, 

Regional Director, Region 2; Albuquerque, New Mexico. 

[FR Doc. 00-14428 Filed 6-7-00; 8:45 am] 

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