[Federal Register Volume 59, Number 163 (Wednesday, August 24, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-20789]


[[Page Unknown]]

[Federal Register: August 24, 1994]


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Part III





Department of the Interior





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Fish and Wildlife Service



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50 CFR Part 17



Endangered and Threatened Species: Final Five Plants From San 
Bernardino Mountains, California; Texas Ayenia, etc.; Rules
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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018-AC01

 

Endangered and Threatened Wildlife and Plants; Determination of 
Endangered Status for the Plants Ayenia limitaris (Texas Ayenia) and 
Ambrosia cheiranthifolia (South Texas Ambrosia)

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Final rule.

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SUMMARY: The Fish and Wildlife Service (Service) determines Ayenia 
limitaris (Texas ayenia) and Ambrosia cheiranthifolia (South Texas 
ambrosia) to be endangered species under the authority of the 
Endangered Species Act (Act) of 1973, as amended. Texas ayenia is known 
from a single population in Hidalgo County, Texas. South Texas ambrosia 
has been verified recently from eight populations, four in Nueces 
County, three in Kleberg County, and one overlapping both counties in 
Texas. These species are threatened by habitat destruction and 
fragmentation through alteration and conversion of native plant 
communities to commercial uses; displacement by invasive nonnative 
grasses; and low population numbers. This action will implement Federal 
protection provided by the Act for Texas ayenia and South Texas 
ambrosia. Critical habitat is not being designated.

EFFECTIVE DATE: September 23, 1994.

ADDRESSES: The complete file for this rule is available for inspection, 
by appointment, during normal business hours at the Corpus Christi 
Ecological Services Field Office, U.S. Fish and Wildlife Service, c/o 
Texas A&M University at Corpus Christi, Campus Box 338, 6300 Ocean 
Drive, Corpus Christi, Texas 78412.

FOR FURTHER INFORMATION CONTACT: Angela Brooks, at the above address 
(telephone 512/994-9005; facsimile 512/994-8262).

SUPPLEMENTARY INFORMATION:

Background

    Texas ayenia, a member of the cacao family, was first collected in 
Hidalgo County, Texas, by C.G. Pringle in 1888, and was named 
Nephropetalum pringlei by B.L. Robinson and J.M. Greenman in 1896. In 
1960, Carmen Cristobal revised the genus Ayenia and described Ayenia 
limitaris as a new species. The previously described Nephropetalum 
pringlei was not mentioned in the revision. Prior to Cristobal's 
description of Ayenia limitaris in 1960, South Texas specimens of this 
species had been identified as A. berlandieri, a species of tropical 
Mexico. In 1986, Laurence Dorr and Lisa Barnett transferred 
Nephropetalum pringlei to the genus Ayenia and reduced it to synonymy 
with Ayenia limitaris.
    Texas ayenia is a pubescent subshrub approximately 60-150 
centimeters (cm) (2-5 feet (ft)) tall, with alternate, simple leaves. 
The cordate-based leaves are approximately 8 cm (3 inches (in)) long 
and 3.5 cm (1.4 in) wide. The inflorescences are axillary, up to 4 per 
node, with each inflorescence supporting two or more perfect flowers. 
Flower color has been reported as green, pink, or cream. The fruit is a 
5-celled, pubescent capsule approximately 8 millimeters (mm) (0.3 in) 
long, with short, curved prickles (Damude and Poole 1990).
    Texas ayenia occurs at low elevations in dense subtropical woodland 
communities. Previous collectors have found the plant in openings 
within chaparral and along the edges of thickets (Correll and Johnston 
1979). The present site is a Texas Ebony-Anacua (Pithecellobium ebano-
Ehretia anacua) plant community located within the Arroyo Colorado 
drainage. This area was once an active floodplain; however, the effect 
of past flooding on Texas ayenia is unknown.
    The Texas Ebony-Anacua plant community, which occurs on well 
drained, but heavy soils on riparian terraces, once covered much of the 
Rio Grande delta (Diamond 1990). Canopy cover is close to 95 percent in 
this climax community type (Damude and Poole 1990). Associated species 
include la coma (Bumelia celastrina), brasil (Condalia hookeri), 
granjeno (Celtis pallida), and snake-eyes (Phaulothamnus spinescens). 
The Texas Ebony-Anacua community grades into the Texas Ebony-Snake-eyes 
community in the drier portions of the woodland habitat (Diamond 1990). 
Both plant communities have been reduced to discontinuous fragments, 
often surrounded by agricultural fields, pastures, or urban 
development, and now cover less than 5 percent of their original area 
(Jahrsdoerfer and Leslie 1988).
    Texas ayenia occurred historically in Cameron and Hidalgo Counties 
in the United States, and the states of Coahuila, Nuevo Leon, and 
Tamaulipas in Mexico. The only recent collection in Mexico was from a 
Tamaulipan population in 1981; however, the present status of this 
population is unknown (Damude and Poole 1990). Texas ayenia has not 
been relocated at any of the historic Cameron County locations since 
the early 1960s. The status report by Damude and Poole (1990) noted a 
1988 observation of six spindly plants at the Hidalgo County site, and 
the following year only one individual was observed.
    Searches were undertaken in 1990 and 1991 by a number of personnel 
from the Service and Texas Parks and Wildlife Department, but no plants 
were found. In 1992, Service personnel and Jim Everitt of the U.S. 
Department of Agriculture located one plant at the Hidalgo County site. 
In 1994, Joe Ideker (Native Plant Project, McAllen, Texas, pers.comm. 
1994) located 20 additional plants at this site. This site, on private 
property, is the only one recently verified for the species.
    South Texas ambrosia was first collected in San Fernando, 
Tamaulipas, Mexico, by Luis Berlandier in 1835, and was named Ambrosia 
cheiranthifolia by A. Gray in 1859. The first United States collection 
was made in 1932 by Robert Runyon from an area near Barreda (now 
Russelltown) in Cameron County, Texas (Turner 1983).
    South Texas ambrosia, a member of the aster family, is a 
herbaceous, erect, silvery to grayish-green, rhizomatous perennial 
plant, 10-30 cm (0.3-1.0 ft) tall. Its simple leaves are usually 
opposite on the lower portion of the plant and alternate above. The 
staminate flower heads are arranged in inconspicuous terminal racemes 
5-10 cm (2-4 in) long. The pistillate flower heads are in small 
clusters in the leaf axils just below the staminate racemes (Turner 
1983). Due to its rhizomatous growth, a single plant may be represented 
by hundreds of clonal stems.
    South Texas ambrosia grows at low elevations in open clay-loam to 
sandy-loam prairies and savannas. Much of the original native habitat 
for South Texas ambrosia has been converted to agricultural fields, 
improved pastures, or urban areas. Many savanna areas have been cleared 
and planted to nonnative grasses, such as buffelgrass (Cenchrus 
ciliaris), which outcompete and eventually displace much of the native 
vegetation. Other potential prairie habitat may now be invaded by 
thorny shrub and tree species as a result of fire suppression or 
overgrazing. South Texas ambrosia does not appear to survive intensive 
plowing, blading, or disking; however, some lesser soil disturbance may 
enhance its growth. Associated native grasses found at the existing 
sites include Texas grama (Bouteloua rigidiseta), buffalo grass 
(Buchloe dactyloides), Texas speargrass (Stipa leucotricha), and tobosa 
(Hilaria mutica). Invading nonnative grasses found at the sites include 
buffelgrass, King Ranch bluestem (Bothriochloa ischaemum var. 
songarica), bermuda grass (Cynodon dactylon), and St. Augustine grass 
(Stenotaphrum secundatum) (U.S. Fish and Wildlife Service 1988). 
Associated native woody species found scattered throughout the existing 
sites include mesquite (Prosopis glandulosa), huisache (Acacia 
smallii), huisachillo (Acacia schaffneri), brasil (Condalia hookeri), 
granjeno (Celtis pallida), and lotebush (Ziziphus obtusifolia).
    Historically, South Texas ambrosia occurred in Cameron, Jim Wells, 
Kleberg, and Nueces counties in South Texas, and the state of 
Tamaulipas in Mexico. The current status of any Mexican populations is 
unknown. The historic populations in Cameron and Jim Wells counties 
have not been relocated. Only one location noted in the status report 
(Turner 1983) is known to be still extant. Three populations, two in 
Nueces County, and one in Kleberg County, were discovered by Ruth 
O'Brien (Texas A&M University at Corpus Christi, pers. comm. 1993). 
Three Nueces County populations were discovered in 1992 and 1993 by 
William Carr (Texas Parks and Wildlife Department, pers. comm. 1993). 
The extant populations occur on private land, highway and railroad 
rights-of-way, and the Kingsville Naval Air Station. Four historic 
locations for South Texas ambrosia, one extirpated and three extant, 
also support the endangered slender rush-pea (Hoffmannseggia tenella), 
which was federally listed (50 FR 45624; November 1, 1985) because of 
threats similar to those affecting South Texas ambrosia. One known 
location for South Texas ambrosia also supports the endangered black 
lace cactus (Echinocereus reichenbachii var. albertii), which was 
federally listed (44 FR 61918; October 26, 1979) because of habitat 
destruction and collecting threats.
    Federal action on these species began as a result of section 12 of 
the Endangered Species Act (16 U.S.C. 1531 et seq.), which directed the 
Secretary of the Smithsonian Institution to prepare a report on those 
plants considered to be endangered, threatened, or extinct in the 
United States. This report, designated as House Document No. 94-51, was 
presented to Congress on January 9, 1975. On July 1, 1975, the Service 
published a notice in the Federal Register (40 FR 27823) accepting the 
Smithsonian report as a petition within the context of section 4(c)(2) 
of the Act, now section 4(b)(3)(A), and giving notice of its intention 
to review the status of the plants named therein. Ambrosia 
cheiranthifolia was included as endangered, and Ayenia limitaris, then 
under the name Nephropetalum pringlei, was included as extinct in the 
Smithsonian report and Service notice.
    On June 16, 1976, the Service published a proposed rule in the 
Federal Register (41 FR 24523) to determine approximately 1,700 
vascular plant species to be endangered. Ambrosia cheiranthifolia was 
included in the June 16, 1976, proposal. The 1978 amendments to the Act 
required that all proposals over two years old be withdrawn, although a 
one year grace period was given to proposals already over two years 
old. In the December 10, 1979, Federal Register (44 FR 70796), the 
Service published a notice withdrawing the June 16, 1976 proposal, 
along with four other proposals that had expired.
    A list of plants under review for listing as endangered or 
threatened species was published in the December 15, 1980, Federal 
Register (45 FR 82479). Ambrosia cheiranthifolia was included in 
Category 2 of the list and Nephropetalum pringlei was included in 
Category 1*. Category 2 species are those for which there is some 
evidence of vulnerability, but for which there are insufficient data to 
support listing proposals at the time. Category 1 species are those for 
which the Service has on file substantial data on biological 
vulnerability and threats to support the preparation of listing 
proposals. Category 1* species are also those whose status in the 
recent past is known to support listing, but that may have already 
become extinct.
    Section 4(b)(3)(B) of the Act requires the Secretary to make 
certain findings on pending petitions within one year of their receipt. 
Section 2(b)(1) of the 1982 amendments further requires that all 
petitions pending on October 13, 1982, be treated as having been newly 
submitted on that date. Because the 1975 Smithsonian report was 
accepted as a petition, all of the plants contained therein, including 
Nephropetalum pringlei (=Ayenia limitaris) and Ambrosia 
cheiranthifolia, were treated as being newly petitioned on October 13, 
1982. In each year from 1983 through 1992, the Service found that the 
petitioned action was warranted, but listings of Ayenia limitaris and 
Ambrosia cheiranthifolia were precluded by other listing actions of 
higher priority in accordance with section 4(b)(3)(B)(iii) of the Act.
    A status report on South Texas ambrosia was completed May 20, 1983 
(Turner 1983). This report provided sufficient biological information 
to justify proposing to list South Texas ambrosia as endangered.
    Notices revising the 1980 list of plants under review for listing 
as endangered or threatened species were published in the Federal 
Register on September 27, 1985 (50 FR 39526) and February 21, 1990 (55 
FR 6184). Nephropetalum pringlei (=Ayenia limitaris) was included in 
Category 2 and Ambrosia cheiranthifolia was included in Category 1 of 
these notices.
    A status report on Texas ayenia was completed December 1, 1990 
(Damude and Poole 1990). This report provided sufficient biological 
information to justify proposing to list Texas ayenia as endangered.
    The proposed rule to list Texas ayenia and South Texas ambrosia as 
endangered was published in the Federal Register on August 5, 1993 (58 
FR 41696). Publication of that proposed rule constituted the final one-
year finding for these species.

Summary of Comments and Recommendations

    In the August 5, 1993, proposed rule and associated notifications, 
all interested parties were requested to submit factual reports or 
information that might contribute to the development of a final rule. 
Appropriate Federal and State agencies, county governments, scientific 
organizations, and other interested parties were contacted and 
requested to comment. Newspaper notices, which invited general public 
comment, were published in the Monitor (McAllen, Texas) and the Corpus 
Christi Caller Times (Corpus Christi, Texas) on August 20, 1993, and 
August 17, 1993, respectively. Three comments were received. Two 
commenters supported the listing; one commenter was neutral. Issues 
raised by commenters are discussed below.
    Issue 1--The proposed rule fails to note industrial development as 
one of the major causes of habitat loss for rare plants.
    Service Response--The Service has included industrial development 
as a threat in this final rule.
    Issue 2--From the proposed rule discussion of the taxonomic history 
of Texas ayenia it is unclear why the correct scientific name is not 
Ayenia pringlei because Nephropetalum pringlei is an earlier name than 
Ayenia limitaris.
    Service Response--Dorr and Barnett (1986) concluded that the 
correct placement of this species was within the genus Ayenia. However, 
the specific epithet pringlei had already been used for another species 
in Ayenia. So, although the name Nephropetalum pringlei is earlier than 
Ayenia limitaris, the use of pringlei as the specific epithet would 
create two species with the same name, which is not allowed by the 
rules of botanical nomenclature.
    Issue 3--Records for South Texas ambrosia indicate 25 occurrences, 
with 17 of them extant. Records show 5 occurrences in Nueces County, 11 
in Kleberg County, and 1 occurrence overlapping in both counties.
    Service Response--The discrepancy between the number of occurrences 
given in the comment letter and the number of populations reported in 
the proposed rule is due to the Service considering several of the 
occurrences to be close enough together to be part of a single 
population.
    Issue 4--One commenter noted that if individuals of either species 
were present on floodways the plants would not obstruct flows, 
therefore, vegetation maintenance in the floodways would not affect the 
plants.
    Service Response--While individual plants may not obstruct flood 
flows, the densely wooded community in which Texas ayenia occurs would. 
Should this densely wooded community be present, or new areas of 
appropriate habitat be added to the floodway system, Federal agencies 
would need to determine the species' absence before conducting floodway 
vegetation maintenance.
    Issue 5--One commenter provided an assessment of the threats of 
habitat destruction, fragmentation, and loss of genetic variability on 
both species.
    Service Response--The Service appreciates this information.
    Issue 6--One commenter offered to coordinate with the Service to 
protect the species and their habitats.
    Service Response--The Service appreciates the need to cooperate and 
coordinate with Federal, state, and local agencies, private 
organizations, and citizens to protect and recover these species.

Summary of Factors Affecting the Species

    After a thorough review and consideration of all information 
available, the Service has determined that Texas ayenia and South Texas 
ambrosia should be classified as endangered species. Procedures found 
at section 4(a)(1) of the Act and regulations (50 CFR part 424) 
promulgated to implement the listing provisions of the Act were 
followed. A species may be determined to be an endangered or threatened 
species due to one or more of the five factors described in section 
4(a)(1). These factors and their application to Ayenia limitaris 
Cristobal (Texas ayenia) and Ambrosia cheiranthifolia Gray (South Texas 
ambrosia) are as follows:
    A. The present or threatened destruction, modification, or 
curtailment of its habitat or range. Habitat destruction is the primary 
threat to Texas ayenia and South Texas ambrosia. The past and current 
practices of converting native South Texas brush and woodlands to 
agricultural fields, improved pastures, and urban areas, or clearing 
brush and woodlands for urban water development, industrial 
development, or flood control have destroyed 95 percent of this native 
vegetation (Jahrsdoerfer and Leslie 1988). Most native Texas Gulf Coast 
prairies have been converted to agricultural fields or improved 
pastures. The amount of conversion of these plant communities in Mexico 
is similar though not quantified. The remaining remnant native prairie, 
brush, and woodland tracts are often surrounded by agricultural fields, 
pastures, or urban development. These modified habitats pose potential 
threats to the native areas through agricultural chemical drift from 
aerial spraying; chemical runoff following rains; invasion of nonnative 
grasses such as buffelgrass, guineagrass (Panicum maximum), King Ranch 
bluestem, and Angleton bluestem (Dichanthium aristatum); and trampling 
and possible collection pressures due to easy accessibility from nearby 
urban areas. The few remaining populations of the species are 
vulnerable to extinction if any of their remaining habitat is modified.
    Even roadside remnants of native vegetation in South Texas are 
often bladed, or plowed and seeded with exotic grasses such as 
buffelgrass and King Ranch bluestem. Herbicides are often used to 
control vegetation around signs, guard rails, and bridge abutments, and 
to kill shrubby vegetation encroaching on the right-of-way. Due to the 
rarity of Texas ayenia and South Texas ambrosia, the likelihood they 
will be directly impacted by roadway maintenance is small, but almost 
any impact could lead to extinction of either species.
    B. Overutilization for commercial, recreational, scientific, or 
educational purposes. No commercial trade is known for either of these 
species; however, the potential exists for vandalism and collection. 
Listing these species, with the resulting publicity, will highlight 
their rarity and may increase their attractiveness to some collectors. 
Excessive recreational or scientific use is not known or anticipated 
for either species.
    C. Disease or predation. Although the Texas ayenia population has 
shown no evidence of disease or predation, Cristobal (1960) notes the 
floral buds of Ayenia species are often deformed by Hymenopteran 
larvae. Cristobal also notes Ayenia fruits can be deformed by Dipteran 
larvae thus inhibiting seed release. No evidence of grazing or browsing 
has been observed for Texas ayenia.
    No threats of disease or predation are known for South Texas 
ambrosia; however, damage to stems and rhizomes is possible in 
situations of severe trampling or grazing.
    D. The inadequacy of existing regulatory mechanisms. Presently, 
neither species is protected by Federal or State law. Listing under the 
Act would provide protection for these species.
    E. Other natural or manmade factors affecting its continued 
existence. With only one known verified population, Texas ayenia may 
have low genetic variability, which could limit its ability to adapt to 
environmental changes. It is unknown whether past flooding created or 
maintained habitat for Texas ayenia. However, since the present 
population occurs within a previously active drainage of the Arroyo 
Colorado (Damude and Poole 1990), a flood could negatively impact the 
species. Observers have noted that the population declined during the 
recent drought in the Lower Rio Grande Valley (J. Everitt, U.S. 
Department of Agriculture, pers. comm. 1992). The extreme rarity of 
this species makes it vulnerable to extinction from any number of 
chance events.
    South Texas ambrosia may also be vulnerable to extinction due to 
lowered genetic variability. Populations are clonal, so despite having 
many stems, the populations may actually represent very few genetically 
different individuals. It has been noted that species like South Texas 
ambrosia that were once more widespread, but are now reduced to low 
numbers, may be more vulnerable to the detrimental effects of lowered 
genetic diversity than species that were always rare (Huenneke 1991).
    The Service has carefully assessed the best scientific and 
commercial information available regarding the past, present, and 
future threats faced by these species in determining to make this rule 
final. Based on this evaluation, the preferred action is to list Texas 
ayenia and South Texas ambrosia as endangered. The status of endangered 
is appropriate because of these species' limited distribution, low 
population numbers, and imminent threats of habitat destruction.

Critical Habitat

    Critical habitat is defined in section 3 of the Act as--(i) The 
specific areas within the geographic area occupied by a species, at the 
time it is listed in accordance with the Act, on which are found those 
physical features (I) Essential to the conservation of the species and 
(II) that may require special management consideration or protection 
and; (ii) specific areas outside the geographic areas occupied by a 
species at the time it is listed, upon a determination that such areas 
are essential for the conservation of the species. ``Conservation'' 
means the use of all methods and procedures needed to bring the species 
to the point at which listing under the Act is no longer necessary.
    Section 4(a)(3) of the Act, as amended, and implementing 
regulations (50 CFR 424.12) require that, to the maximum extent prudent 
and determinable, the Secretary designate critical habitat at the time 
a species is determined to be endangered or threatened. The Service 
finds that designation of critical habitat is not prudent for Texas 
ayenia and South Texas ambrosia at this time. Service regulations (50 
CFR 424.12(a)(1)) state that designation of critical habitat is not 
prudent when one or both of the following situations exist--(1) The 
species is threatened by taking or other human activity, and 
identification of critical habitat can be expected to increase the 
degree of threat to the species, or (2) such designation of critical 
habitat would not be beneficial to the species.
    As discussed under Factor B in the ``Summary of Factors Affecting 
the Species,'' Texas ayenia and South Texas ambrosia are potentially 
threatened by taking or vandalism. These activities are difficult to 
prevent and only regulated by the Act with respect to plants in cases 
of (1) Removal and reduction to possession of listed plants from lands 
under Federal jurisdiction, or their malicious damage or destruction on 
such lands; and (2) removal, cutting, digging up, or damaging or 
destroying in knowing violation of any State law or regulation, 
including State criminal trespass law. Such provisions are difficult to 
enforce, and publication of critical habitat descriptions and maps 
would make Texas ayenia and South Texas ambrosia more vulnerable to 
collecting or vandalism and increase enforcement problems. All involved 
parties and principal landowners have been notified of the location and 
importance of protecting these species' habitat. Protection of these 
species' habitat will be addressed through the recovery process and 
through section 7 consultation. Therefore, it would not now be prudent 
to determine critical habitat for Texas ayenia and South Texas 
ambrosia.

Available Conservation Measures

    Conservation measures provided to species listed as endangered or 
threatened under the Endangered Species Act include recognition, 
recovery actions, requirements for Federal protection, and prohibitions 
against certain practices. Recognition through listing encourages and 
results in conservation actions by Federal, State, and private 
agencies, groups, and individuals. The Act provides for possible land 
acquisition and cooperation with the States and requires that recovery 
actions be carried out for all listed species. The protection required 
of Federal agencies and the prohibitions against certain activities 
involving listed plants are discussed, in part, below.
    Section 7(a) of the Act, as amended, requires Federal agencies to 
evaluate their actions with respect to any species that is proposed or 
listed as endangered or threatened and with respect to its critical 
habitat if any is being designated. Regulations implementing this 
interagency cooperation provision of the Act are codified at 50 CFR 
part 402. Section 7(a)(2) requires Federal agencies to ensure that 
activities they authorize, fund, or carry out are not likely to 
jeopardize the continued existence of a listed species or to destroy or 
adversely modify its critical habitat. If a Federal action may affect a 
listed species or its critical habitat, the responsible Federal agency 
must enter into formal consultation with the Service.
    Some Federal actions that may affect Texas ayenia or South Texas 
ambrosia include brush clearing for flood control by the International 
Boundary and Water Commission, management recommendations to landowners 
by the Soil Conservation Service for activities funded by the 
Agricultural Stabilization and Conservation Service, and agricultural 
pesticide registration by the Environmental Protection Agency. 
Additionally, a population of South Texas ambrosia occurs on Kingsville 
Naval Air Station and may be affected by maintenance or construction 
activities at this facility.
    The Act and its implementing regulations set forth a series of 
general prohibitions and exceptions that apply to all endangered 
plants. All prohibitions of section 9(a)(2) of the Act, implemented by 
50 CFR 17.61, apply. These prohibitions, in part, make it illegal for 
any person subject to the jurisdiction of the United States to import 
or export, transport in interstate or foreign commerce in the course of 
a commercial activity, sell or offer for sale in interstate or foreign 
commerce, or to remove and reduce these species to possession from 
areas under Federal jurisdiction. In addition, for plants listed as 
endangered, the Act prohibits malicious damage or destruction on 
Federal lands and removal, cutting, digging up, or damaging or 
destroying of such plants in knowing violation of any State law or 
regulation, including State criminal trespass law. Certain exceptions 
to the prohibitions apply to agents of the Service and State 
conservation agencies.
    The Act and 50 CFR 17.62 and 17.63 also provide for the issuance of 
permits to carry out otherwise prohibited activities involving 
endangered plants under certain circumstances. Such permits are 
available for scientific purposes and to enhance the propagation and 
survival of the species. It is anticipated that few trade permits would 
ever be sought or issued because the species are not in cultivation or 
common in the wild. Requests for copies of the regulations regarding 
listed species and inquiries regarding prohibitions and permits may be 
addressed to U.S. Fish and Wildlife Service, Division of Endangered 
Species/Permits, P.O. Box 1306, Albuquerque, New Mexico 87103 
(telephone 505/766-3972; facsimile 505/766-8063).

National Environmental Policy Act

    The Fish and Wildlife Service has determined that Environmental 
Assessments and Environmental Impact Statements, as defined under the 
authority of the National Environmental Policy Act of 1969, need not be 
prepared in connection with regulations adopted pursuant to section 
4(a) of the Endangered Species Act of 1973, as amended. A notice 
outlining the Service's reasons for this determination was published in 
the Federal Register on October 25, 1983 (48 FR 49244).

References Cited

Cristobal, C.L. 1960. Revision del genero Ayenia L. (Sterculiaceae). 
Opera Lilloana 4:1-230.
Damude, N., and J. Poole. 1990. Status report on Avenia limitaris. 
U.S. Fish and Wildlife Service, Albuquerque, New Mexico.
Diamond, D. 1990. Plant communities of Texas (series level). Texas 
Parks and Wildlife Department, Austin, Texas.
Dorr, L.J., and L.C. Barnett. 1986. The identity of Nephropetalum 
(Sterculiaceae). Taxon 35(1):163-164.
Huenneke, L.F. 1991. Ecological implications of genetic variation in 
plant populations. In D. Falk and K. Holsinger, eds. Genetics and 
Conservation of Rare Plants. Oxford University Press, New York.
Jahrsdoerfer, S.E., and D.M. Leslie, Jr. 1988. Tamaulipan brushland 
of the Lower Rio Grande Valley of South Texas: description, human 
impacts, and management options. U.S. Fish and Wildlife Service, 
Biol. Rep. 88(36). 63 pp.
Turner, B.L. 1983. Status report on Ambrosia cheiranthifolia. U.S. 
Fish and Wildlife Service, Albuquerque, New Mexico.
U.S. Fish and Wildlife Service. 1988. Slender rush-pea 
(Hoffmannseggia tenella) recovery plan. U.S. Fish and Wildlife 
Service, Albuquerque, New Mexico. 38 pp.

Author

The primary author of this final rule is Angela Brooks (see 
ADDRESSES section).

List of Subjects in 50 CFR Part 17

    Endangered and threatened species, Exports, Imports, Reporting and 
recordkeeping requirements, and Transportation.

Regulation Promulgation

    Accordingly, part 17, subchapter B of chapter I, title 50 of the 
Code of Federal Regulations, is amended as set forth below:

PART 17--[AMENDED]

    1. The authority citation for part 17 continues to read as follows:

    Authority: 16 U.S.C. 1361-1407; 16 U.S.C. 1531-1544; 16 U.S.C. 
4201-4245; Pub. L. 99-625, 100 Stat. 3500; unless otherwise noted.

    2. Section 17.12(h) is amended by adding the following, in 
alphabetical order under the plant families indicated, to the List of 
Endangered and Threatened Plants to read as follows:


Sec. 17.12  Endangered and threatened plants.

* * * * *
    (h) * * *

----------------------------------------------------------------------------------------------------------------
                Species                                                                                         
----------------------------------------   Historic range       Status     When listed    Critical     Special  
  Scientific name        Common name                                                      habitat       rules   
----------------------------------------------------------------------------------------------------------------
                                                                                                                
                                                  * * * * * * *                                                 
Asteraceae--Aster                                                                                               
 family:                                                                                                        
                                                                                                                
                                                  * * * * * * *                                                 
    Ambrosia         South Texas         U.S.A. (TX),        E                     547           NA           NA
     cheiranthifoli   ambrosia.           Mexico.                                                               
     a.                                                                                                         
                                                                                                                
                                                  * * * * * * *                                                 
Sterculiaceae--Caca                                                                                             
 o family:                                                                                                      
    Ayenia           Texas Ayenia......  U.S.A. (TX),        E                     547           NA           NA
     limitaris.                           Mexico.                                                               
                                                                                                                
                                                  * * * * * * *                                                 
----------------------------------------------------------------------------------------------------------------

    Dated: July 11, 1994.
Mollie H. Beattie,
Director, Fish and Wildlife Service.
[FR Doc. 94-20789 Filed 8-23-94; 8:45 am]
BILLING CODE 4310-55-P