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3546 Federal Register / Vol. 70, No.

15 / Tuesday, January 25, 2005 / Notices

5:30 p.m. Adjourn. SUPPLEMENTARY INFORMATION: Section 9 nitratoides nitratoides), the endangered
of the Act prohibits the ‘‘taking’’ of San Joaquin kit fox (Vulpes macrotis
David Valenzuela,
endangered species such as the Houston mutica), and the western burrowing owl
President. toad. However, the Fish and Wildlife (Athene cunicularia), a species of
[FR Doc. 05–1381 Filed 1–21–05; 11:33 am] Service (Service), under limited special concern, incidental to otherwise
BILLING CODE 7025–01–M circumstances, may issue permits to lawful activities. Such take would occur
take endangered wildlife species during the proposed construction and
incidental to, and not the purpose of, operation of the Applicant’s effluent
DEPARTMENT OF THE INTERIOR otherwise lawful activities. Regulations disposal site expansion on a 160-acre
governing permits for endangered site south of Lamont, Kern County,
Fish and Wildlife Service species are at 50 CFR 17.22. California. The proposed expansion
The Service has prepared the EA/HCP includes the construction of two ponds,
Notice of Availability of a Draft for the incidental take application. A a series of leaching terraces, and access
Environmental Assessment/Habitat determination of jeopardy or non- roads. The proposed project would
Conservation Plan and Receipt of a jeopardy to the species and a decision affect suitable habitat for the San
Permit Application (Becker) for pursuant to the National Environmental Joaquin kit fox and western burrowing
Incidental Take of the Houston Toad Policy Act (NEPA) will not be made owl, and permanently affect about 19
AGENCY: Fish and Wildlife Service, until at least 60 days from the date of acres of occupied habitat of the Tipton
Interior. publication of this notice. This notice is kangaroo rat.
ACTION: Notice of availability. provided pursuant to section 10(c) of We request comments from the public
the Act and National Environmental on the permit application and
SUMMARY: Robert Becker (Applicant) has Policy Act regulations (40 CFR 1506.6). Environmental Assessment, both of
applied for an incidental take permit Applicant: Robert Becker plans to which are available for review. The
(TE–098535–0) pursuant to Section construct a single family residence and permit application includes the
10(a) of the Endangered Species Act associated structures on 0.5 acres of a proposed Habitat Conservation Plan
(Act). The requested permit would 6.58-acre property located on Barras (Plan) and an accompanying
authorize incidental take of the Road, Bastrop County, Texas. This Implementing Agreement. The Plan
endangered Houston toad. The proposed action will eliminate 0.5-acres or less of describes the proposed action and the
take would occur as a result of the Houston toad habitat and result in measures that the Applicant would
construction and occupation of a single indirect impacts within the lot. The undertake to minimize and mitigate take
family residence and associated Applicant proposes to compensate for of the covered species.
structures on 0.5 acres (0.2 hectare) of this incidental take of the Houston toad DATES: We must receive your written
a 6.58-acre (2.66 hectare) property by providing $2,000.00 to the Houston comments on or before March 28, 2005.
located on Barras Road, Bastrop County, Toad Conservation Fund at the National ADDRESSES: Please address written
Texas. Fish and Wildlife Foundation for the comments to Lori Rinek, Chief,
DATES: To ensure consideration, written specific purpose of land acquisition and Conservation Planning and Recovery
comments must be received on or before management within Houston toad Division, U.S. Fish and Wildlife Service,
March 28, 2005. habitat. Sacramento Fish and Wildlife Office,
ADDRESSES: Persons wishing to review Joy E. Nicholopoulos, 2800 Cottage Way, W–2605,
the application may obtain a copy by Acting Regional Director, Southwest Region. Sacramento, California 95825. You also
writing to the Regional Director, U.S. [FR Doc. 05–1296 Filed 1–24–05; 8:45 am] may send comments by facsimile to
Fish and Wildlife Service, P.O. Box (916) 414–6713.
BILLING CODE 4510–55–P
1306, Room 4102, Albuquerque, New FOR FURTHER INFORMATION CONTACT:
Mexico 87103. Persons wishing to Jesse Wild, Fish and Wildlife Biologist,
review the Environmental Assessment/ DEPARTMENT OF THE INTERIOR or Lori Rinek, Chief, Conservation
Habitat Conservation Plan (EA/HCP) Planning and Recovery Division at the
may obtain a copy by contacting Clayton Fish and Wildlife Service Sacramento Fish and Wildlife Office at
Napier, U.S. Fish and Wildlife Service, (916) 414–6600.
10711 Burnet Road, Suite 200, Austin, Availability of an Environmental
SUPPLEMENTARY INFORMATION:
Texas 78758 (512–490–0057). Assessment and Receipt of an
Documents will be available for public Application for an Incidental Take Availability of Documents
inspection by written request, by Permit for the Lamont Public Utility You may obtain copies of these
appointment only, during normal District in Kern County, CA documents for review by contacting
business hours (8 a.m. to 4:30 p.m.) at AGENCY: Fish and Wildlife Service, Jesse Wild or Lori Rinek [see FOR
the U.S. Fish and Wildlife Service, Interior. FURTHER INFORMATION CONTACT].
Austin, Texas. Written data or Documents also will be available for
ACTION: Notice of availability and
comments concerning the application public inspection, by appointment,
receipt of application.
and EA/HCP should be submitted to the during normal business hours at the
Supervisor, U.S. Fish and Wildlife SUMMARY: The Lamont Public Utilities Sacramento Fish and Wildlife Office
Service, 10711 Burnet Road, Suite 200, District (Applicant) has applied to the [see ADDRESSES].
Austin, Texas, at the above address. Fish and Wildlife Service (Service) for
Please refer to permit number TE– an incidental take permit pursuant to Background
098535–0 when submitting comments. section 10(a)(1)(B) of the Endangered Section 9 of the Act and Federal
FOR FURTHER INFORMATION CONTACT: Species Act of 1973, as amended (Act). regulations prohibit the ‘‘take’’ of fish
Clayton Napier at the U.S. Fish and The Service is considering the issuance and wildlife species listed as
Wildlife Service, Austin Office, 10711 of a 50-year permit to the Applicant that endangered or threatened. Take of
Burnet Road, Suite 200, (512–490– would authorize take of the endangered federally listed fish and wildlife is
0057). Tipton kangaroo rat (Dipodomys defined under the Act to include the

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