Notice2026-04376
Receipt of Incidental Take Permit Application and Proposed Habitat Conservation Plan for the Threatened Scrub-Jay; Brevard County, FL; Categorical Exclusion
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
March 5, 2026
Issuing agencies
Interior DepartmentFish and Wildlife Service
Abstract
We, the Fish and Wildlife Service (Service), announce receipt of an application from Melbourne Orlando International Airport (Taxiway A Rehabilitation Project) (applicant) for an incidental take permit (ITP) under the Endangered Species Act. The applicant requests the ITP to take the federally listed scrub-jay incidental to a taxiway rehabilitation in Brevard County, Florida. We request public comment on the application, which includes the applicant's proposed habitat conservation plan (HCP), and on the Service's preliminary determination that the proposed permitting action may be eligible for a categorical exclusion pursuant National Environmental Policy Act (NEPA), Department of Interior's (DOI) NEPA regulations, and the DOI Departmental Manual. To make this preliminary determination, we prepared a draft screening form and NEPA statement for HCPs, which is available for public review. We invite comment from the public and local, State, Tribal, and Federal agencies.
Full Text
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<title>Federal Register, Volume 91 Issue 43 (Thursday, March 5, 2026)</title>
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[Federal Register Volume 91, Number 43 (Thursday, March 5, 2026)]
[Notices]
[Pages 10813-10814]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-04376]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[Docket No. FWS-R4-ES-2025-0040; FXES11140400000-256-FF04EF4000]
Receipt of Incidental Take Permit Application and Proposed
Habitat Conservation Plan for the Threatened Scrub-Jay; Brevard County,
FL; Categorical Exclusion
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability; request for comments and information.
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SUMMARY: We, the Fish and Wildlife Service (Service), announce receipt
of an application from Melbourne Orlando International Airport (Taxiway
A Rehabilitation Project) (applicant) for an incidental take permit
(ITP) under the Endangered Species Act. The applicant requests the ITP
to take the federally listed scrub-jay incidental to a taxiway
rehabilitation in Brevard County, Florida. We request public comment on
the application, which includes the applicant's proposed habitat
conservation plan (HCP), and on the Service's preliminary determination
that the proposed permitting action may be eligible for a categorical
exclusion pursuant National Environmental Policy Act (NEPA), Department
of Interior's (DOI) NEPA regulations, and the DOI Departmental Manual.
To make this preliminary determination, we prepared a draft screening
form and NEPA statement for HCPs, which is available for public review.
We invite comment
[[Page 10814]]
from the public and local, State, Tribal, and Federal agencies.
DATES: We must receive your written comments on or before April 6,
2026.
ADDRESSES:
Obtaining Documents: The documents this notice announces, as well
as any comments and other materials that we receive, will be available
for public inspection online in Docket No. FWS-R4-ES-2025-0040 at
<a href="https://www.regulations.gov">https://www.regulations.gov</a>.
Submitting Comments: If you wish to submit comments on any of the
documents, you may do so in writing by one of the following methods:
<bullet> Online: <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Follow the
instructions for submitting comments on Docket No. FWS-R4-ES-2025-0040.
<bullet> U.S. mail: Public Comments Processing, Attn: Docket No.
FWS-R4-ES-2025-0040; U.S. Fish and Wildlife Service, MS: PRB/3W, 5275
Leesburg Pike, Falls Church, VA 22041-3803.
FOR FURTHER INFORMATION CONTACT: Erin Gawera, by U.S. mail (see
ADDRESSES), by telephone at 904-404-2464 or via email at
<a href="/cdn-cgi/l/email-protection#d1b4a3b8bf8eb6b0a6b4a3b091b7a6a2ffb6bea7"><span class="__cf_email__" data-cfemail="1e7b6c777041797f697b6c7f5e78696d30797168">[email protected]</span></a>. Individuals in the United States who are deaf,
deafblind, hard of hearing, or have a speech disability may dial 711
(TTY, TDD, or TeleBraille) to access telecommunications relay services.
Individuals outside the United States should use the relay services
offered within their country to make international calls to the point-
of-contact in the United States.
SUPPLEMENTARY INFORMATION: We, the Fish and Wildlife Service (Service),
announce receipt of an application from Melbourne Orlando International
Airport (applicant) for an incidental take permit (ITP) under the
Endangered Species Act of 1973, as amended (ESA; 16 U.S.C. 1531 et
seq.). The applicant requests the ITP to take federally listed
threatened scrub-jays (Aphelocoma coerulescens) incidental to the
construction and operation of a taxiway rehabilitation in Brevard
County, Florida. We request public comment on the application, which
includes the applicant's habitat conservation plan (HCP), and on the
Service's preliminary determination that this proposed ITP may qualify
for a categorical exclusion pursuant to the National Environmental
Policy Act (NEPA; 42 U.S.C. 4321 et seq.), the Department of the
Interior's (DOI) NEPA regulations (43 CFR 46), and the DOI's
Departmental Manual (516 DM 8.5(C)(2)). To make this preliminary
determination, we prepared a draft screening form and NEPA statement
for HCPs, which is available for public review.
Proposed Project
The applicant requests a 5-year ITP to take scrub-jays via the
conversion of approximately 1.75 acres (ac) of occupied nesting,
foraging, and sheltering scrub-jay habitat incidental to the
construction and operation of a taxiway rehabilitation on 40.27-acs,
Parcel Number 27-37-29-00-250 in Section 37, Township 29 South, Range
27, Brevard County, Florida. The applicant proposes to mitigate for
take of the scrub-jays through the contribution of $100,380 to the
Florida Scrub-jay Conservation Fund administered by The Nature
Conservancy. The Service would require the applicant to purchase the
credits prior to engaging in any phase of the project.
Our Preliminary Determination
The Service has made a preliminary determination that the
applicant's proposed project--including the construction for the
taxiway rehabilitation and associated infrastructure--would
individually and cumulatively have a minor effect on the scrub-jays and
the human environment. Therefore, we have preliminarily determined that
the proposed ESA section 10(a)(1)(B) permit would be a low-effect ITP
that may qualify for application of a categorical exclusion (516 DM
8.5(C)(2)), pursuant to NEPA, the DOI's NEPA regulations and the DOI
Departmental Manual. A low-effect incidental take permit is one that
would result in (1) minor or nonsignificant effects on species covered
in the HCP; (2) nonsignificant effects on the human environment; and
(3) reasonably foreseeable effects that would not result in significant
cumulative effects to the human environment.
Next Steps
The Service will evaluate the application and the comments to
determine whether to issue the requested permit. We will also conduct
an intra-Service consultation pursuant to section 7 of the ESA to
evaluate the effects of the proposed take. After considering the
preceding and other matters, we will determine whether the permit
issuance criteria of section 10(a)(1)(B) of the ESA have been met. If
met, the Service will issue ITP number PER17769784 to Melbourne Orlando
International Airport (Taxiway A Rehabilitation Project).
Public Availability of Comments
Before including your address, phone number, email address, or
other personal identifying information in your comment, be aware that
your entire comment, including your personal identifying information,
may be made available to the public. If you submit a comment at <a href="https://www.regulations.gov">https://www.regulations.gov</a>, your entire comment, including any personal
identifying information, will be posted on the website. If you submit a
hardcopy comment that includes personal identifying information, such
as your address, phone number, or email address, you may request at the
top of your document that we withhold this information from public
review. However, we cannot guarantee that we will be able to do so.
Moreover, all submissions from organizations or businesses, and from
individuals identifying themselves as representatives or officials of
organizations or businesses, will be made available for public
disclosure in their entirety.
Authority
The Service provides this notice under section 10(c) of the
Endangered Species Act (16 U.S.C. 1531 et seq.) and its implementing
regulations (50 CFR 17.32) and the National Environmental Policy Act
(42 U.S.C. 4321 et seq.) and its implementing regulations (43 CFR part
46).
Jose Rivera,
Manager, Division of Environmental Review, Florida Ecological Services
Field Office.
[FR Doc. 2026-04376 Filed 3-4-26; 8:45 am]
BILLING CODE 4333-15-P
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