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###### Department of the Interior

###### Fish and Wildlife Service 

# SUMMARY:

                        Robert Gilfillan (Applicant) has 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 Applicant has been assigned permit number TE-033887-0. 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 permanent single family residence, one temporary home, and one pond on 4.5 acres of the 89-acre tract of land located off of Cottletown Road, Bastrop County, Texas.                     

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 December 4, 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, Albuquerque, New Mexico 87103. Persons wishing to review the EA/HCP may obtain a copy by contacting Scott Rowin, 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 (8:00 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, Austin, Texas, at the above address. Please refer to permit number TE-033887-0 when submitting comments. 

# FOR FURTHER INFORMATION CONTACT:

Scott Rowin 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

                    Robert Gilfillan plans to construct a permanent single family residence, a temporary home (trailer/mobile home) and a pond on 4.5 acres of the 893-acre tract of land located off of Cottletown Road, Bastrop County, Texas. The temporary home will occupy approximately 0.5 acres and will be                           ( print page 59011)                        used during construction of the permanent residence and pond. Once completed it is anticipated the temporary home will be removed. This action will eliminate 4.5 acres or less of Houston toad habitat and result in indirect impacts within the property. The applicant proposes to compensate for this incidental take of the Houston toad by providing $6,000.00 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.                 

Renne Lohoefener, 

Regional Director, Region 2, Albuquerque, New Mexico. 

[FR Doc. 00-25325 Filed 10-2-00; 8:45 am] 

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