Notice2026-07705

Receipt of Incidental Take Permit Application and Proposed Habitat Conservation Plan for the Alabama Beach Mouse; Baldwin County, AL; Categorical Exclusion

Primary source

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Published
April 21, 2026

Issuing agencies

Interior DepartmentFish and Wildlife Service

Abstract

We, the U.S. Fish and Wildlife Service (Service), announce receipt of an application from Stillwater Capital Assets, LLC (applicant) for an incidental take permit (ITP) under the Endangered Species Act. The applicant requests the ITP to take the federally listed threatened Alabama beach mouse incidental to the construction of a single-family home in Baldwin County, Alabama. We request public comment on the application, which includes the applicant's proposed habitat conservation plans (HCP), and on the Service's preliminary determination that the proposed permitting action may be eligible for a categorical exclusion pursuant to the National Environmental Policy Act (NEPA), the Department of the 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, both of which are also 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 76 (Tuesday, April 21, 2026)</title>
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[Federal Register Volume 91, Number 76 (Tuesday, April 21, 2026)]
[Notices]
[Pages 21307-21308]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-07705]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[Docket No. FWS-R4-ES-2026-0199; FXES11140400000-267-FF04EF4000]


Receipt of Incidental Take Permit Application and Proposed 
Habitat Conservation Plan for the Alabama Beach Mouse; Baldwin County, 
AL; Categorical Exclusion

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability; request for comment.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce 
receipt of an application from Stillwater Capital Assets, LLC 
(applicant) for an incidental take permit (ITP) under the Endangered 
Species Act. The applicant requests the ITP to take the federally 
listed threatened Alabama beach mouse incidental to the construction of 
a single-family home in Baldwin County, Alabama. We request public 
comment on the application, which includes the applicant's proposed 
habitat conservation plans (HCP), and on the Service's preliminary 
determination that the proposed permitting action may be eligible for a 
categorical exclusion pursuant to the National Environmental Policy Act 
(NEPA), the Department of the 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, both of 
which are also available for public review. We invite comment from the 
public and local, State, Tribal, and Federal agencies.

DATES: We must receive your written comments on or before May 21, 2026.
    To ensure your comment is received and considered, you must submit 
it using one of the methods identified in the ADDRESSES section of this 
document. Comments submitted through any method not authorized in this 
document, or sent to an address not listed here, will not be 
considered.

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-2026-0199 at 
<a href="https://www.regulations.gov">https://www.regulations.gov</a>.
    Submitting Comments: All submissions must include the docket number 
[FWS-R4-ES-2026-0199] for this document. You must submit comments using 
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-2026-0199.
    <bullet> U.S. mail: Public Comments Processing, Attn: Docket No. 
FWS-R4-ES-2026-0199; U.S. Fish and Wildlife Service, MS: PRB/3W, 5275 
Leesburg Pike, Falls Church, VA 22041-3803.
    Comments submitted through any method not authorized in this 
document, or sent to an address not listed here, will not be 
considered. We will not accept comments via email, fax, or hand 
delivery. We are not required to consider comments that are submitted 
after the comment period ends or that are submitted via a method 
outside of these instructions. Comments containing profanity, 
vulgarity, threats, or other inappropriate content will not be 
considered.

FOR FURTHER INFORMATION CONTACT: Erin Lentz, by U.S. mail (see 
ADDRESSES), by telephone at 1-251-298-3853, or via email at 
<a href="/cdn-cgi/l/email-protection#1e7b6c777041727b706a645e78696d30797168"><span class="__cf_email__" data-cfemail="c6a3b4afa899aaa3a8b2bc86a0b1b5e8a1a9b0">[email&#160;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 Stillwater Capital Assets LLC 
(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 the federally listed Alabama beach 
mouse (ABM; Peromyscus polionotus ammobates), incidental to the 
construction, maintenance and operation of a single-family home in 
Baldwin County, Alabama. 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 National Environmental 
Policy Act regulations (NEPA; 42 U.S.C. 4321 et seq), the DOI's NEPA 
regulations (43 CFR 46), and the DOI's Departmental Manual (DM; 516 DM 
8.5(C)(2)). To make this preliminary determination, we prepared a draft 
screening form and NEPA statement for HCPs, both of which are also 
available for public review.

[[Page 21308]]

Proposed Project

    Stillwater Capital Assets LLC (applicant) requests a 50-year ITP to 
take ABM via the conversion of 0.05 acres (ac) of occupied nesting, 
foraging, and sheltering ABM habitat incidental to the construction of 
a single-family home on a 0.381-ac parcel located at 11068 Mobile 
Street West, Gulf Shores, Alabama. The applicant proposes to mitigate 
for the take of ABM through an in-lieu fee of $4,813.90 to the Alabama 
Coastal Heritage Fund.

Our Preliminary Determination

    The Service has made a preliminary determination that reasonably 
foreseeable effects of the applicant's proposed project, including the 
construction of a single-family home and infrastructure (e.g., deck, 
pool, stairs, and driveway), would have a minor effect on ABM and the 
human environment, and no extraordinary circumstances in 43 CFR 46.215 
apply. Reasonably foreseeable effects encompass effects of 
implementation of the action including effects of the action in 
addition to other past, present, and reasonably foreseeable future 
effects. 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 5.8(C)(2)), 
pursuant to NEPA, the DOI's NEPA regulations, and the DOI DM. A low-
effect ITP is one that would result in (1) negligible or minor effects 
on species covered in the HCP; (2) no significant effects on the human 
environment; and (3) reasonably foreseeable effects that would not 
result in significant effects to the human environment.

Next Steps

    The Service will evaluate the application and the comments to 
determine whether to issue the requested ITP. 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 PER23578321 to Stillwater Capital Assets, LLC.

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).

Jeffrey Powell,
Acting Field Supervisor, Alabama Ecological Services Field Office, U.S. 
Fish and Wildlife Service.
[FR Doc. 2026-07705 Filed 4-20-26; 8:45 am]
BILLING CODE 4333-15-P


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Indexed from Federal Register on April 21, 2026.

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