[Federal Register Volume 61, Number 116 (Friday, June 14, 1996)]
[Proposed Rules]
[Pages 30209-30212]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-15124]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
RIN 1018-AD91
Endangered and Threatened Wildlife and Plants; Proposed Rule To
Remove the Plant Echinocereus lloydii (Lloyd's Hedgehog Cactus) from
the Federal List of Endangered and Threatened Plants
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Fish and Wildlife Service (Service) under the authority of
the Endangered Species Act of 1973 (Act), as amended, proposes to
remove the plant Echinocereus lloydii (Lloyd's hedgehog cactus) from
the Federal List of Endangered and Threatened Plants. Lloyd's hedgehog
cactus was listed as endangered on October 26, 1979, due to threats of
collection and highway projects. Recent evidence indicates that Lloyd's
hedgehog cactus is not a distinct species but rather a hybrid.
Therefore, Lloyd's hedgehog cactus does not qualify for protection
under the Act.
DATES: Comments from all interested parties must be received by August
13, 1996. Public hearing requests must be received by July 29, 1996.
ADDRESSES: Comments and materials concerning this proposal should be
sent to the Field Supervisor, Ecological Services Austin Field Office,
U.S. Fish and Wildlife Service, 10711 Burnet Road, Suite 200, Hartland
Bank Building, Austin, Texas 78758. Comments and materials received
will be available for public inspection, by appointment, during normal
business hours at the above address.
FOR FURTHER INFORMATION CONTACT: Kathryn Kennedy or Elizabeth Materna,
(see ADDRESSES section) (telephone 512/490-0057; facsimile 512/490-
0974).
SUPPLEMENTARY INFORMATION:
Background
Echinocereus lloydii (Lloyd's hedgehog cactus), a member of the
cactus family, was first collected by F.E. Lloyd in 1922 and was named
in his honor by Britton and Rose (1937). The first plants collected by
Mr. Lloyd were from near Fort Stockton, Pecos County, Texas (Weniger
1970).
Lloyd's hedgehog cactus is a cylindrical cactus with one to several
stems up to about 20 centimeters (cm) (8 inches (in)) long and 10 cm (4
in) in diameter. The flowers vary from lavender to magenta in color,
are about 5 cm (2 in) in diameter, and form mature fruits that are
green, tinged with pink or orange when ripe (Correll and Johnston 1979,
Poole and Riskind 1987).
Lloyd's hedgehog cactus is known from Brewster, Culberson, Pecos,
and Presidio Counties in Texas as well as from Eddy County in New
Mexico. It has also been reported from the state of Chihuahua in
Mexico. Currently fewer than 15 localities are known from the U.S.,
most occurring on private lands. These cacti occur in the shrub and
brush rangeland of the Chihuahuan Desert, and are usually found
associated with Agave lecheguilla (lechuguilla), Prosopis glandulosa
(mesquite), Larrea tridentata (creosote bush), Flourensia cernua
(tarbush), Viguiera stenoloba (skeleton-leaf goldeneye), and various
cacti (Opuntia sp., Echinocereus sp., Echinocactus sp., and Coryphantha
sp.) (Poole and Riskind 1987).
Lloyd's hedgehog cactus is usually found on limestone with
occasional weathered metamorphic rock. The cacti grow on sandy,
gravelly, or rocky soils
[[Page 30210]]
on slopes and hillsides, on bare rock ledges (Benson 1982, Weniger
1979), and on fine-textured alluvial soils (Poole and Zimmerman 1985).
Elevation of known localities is between 900 and 1650 meters (2950 and
5410 feet) (Benson 1982). Lloyd's hedgehog cactus typically grows on
open, fully exposed sites with very scattered forbs, grasses, and brush
(Weniger 1979). However, it also occurs in dense mesquite scrub among
tall grasses (Poole and Zimmerman 1985).
Lloyd's hedgehog cactus was listed as an endangered species on
October 26, 1979 (44 FR 61916) under the authority of the Endangered
Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.). At the
time of listing, Lloyd's hedgehog cactus was considered to be a
distinct species, and to be threatened by overcollection, habitat loss
or alteration due to highway construction and maintenance, and
potentially by overgrazing by livestock.
It has long been recognized that the physical characteristics of
Lloyd's hedgehog cactus are intermediate between those of Echinocereus
dasyacanthus (Texas rainbow cactus) and Echinocereus coccineus (a
species of claret-cup cactus). There were several ideas about how such
intermediacy could have arisen. One theory was that Lloyd's hedgehog
cactus represented a primitive ancestral evolutionary lineage, which
diversified over time giving rise to two new lineages producing E.
dasyacanthus and E. coccineus. Another theory was that Lloyd's hedgehog
cactus was of hybrid origin, the result of ancient hybridization
between E. dasyacanthus and E. coccineus, but now an independent taxon
recognizable as a species.
While interspecific hybridization between members of the genus
Echinocereus had been reported, hybridization between E. coccineus and
E. dasyacanthus seemed highly unlikely as the two species differ
greatly in morphology, have different predominant pollinators (one
hummingbird pollinated, the other bee pollinated), and generally grow
in different habitats (one a more mesic species and the other typical
of more open desert). In addition, anywhere they had been grown or
found together they had been observed to bloom at different times with
little if any overlap. While many hybrids are sterile, plants of
Lloyd's hedgehog cactus were known to be fertile and able to reproduce.
Wild populations were known to have persisted for some time, and
treatment as a distinct species was generally accepted.
Steve Brack (U.S. Fish and Wildlife Service 1985) reported that in
his field examination of Lloyd's hedgehog cactus he had located plants
only in proximity to E. dasyacanthus and E. coccineus. This apparent
lack of isolation combined with the intermediate appearance of the
plants raised questions about the taxonomic interpretation of Lloyd's
hedgehog cactus as a distinct species. It suggested the possibility
that Lloyd's hedgehog cactus might be the result of recent and sporadic
hybridizations, and simply represent relatively unstable hybrid swarms
that were not evolving independently and should not be recognized as a
species. The Service determined that the potential hybrid status of
Lloyd's hedgehog cactus should be investigated.
Powell, Zimmerman, and Hilsenbeck (1991) conducted experimental
crosses, morphological analyses, pollen stainability studies,
chromosome counts, and phytochemical studies on the progeny from
experimental crosses between E. dasyacanthus and E. coccineus and on
naturally occurring Lloyd's hedgehog cacti. They demonstrated that
hybrids between E. dasyacanthus and E. coccineus could be easily
produced, closely resembled naturally occurring Lloyd's hedgehog cacti,
and were interfertile and able to backcross to the parental species to
produce another generation of plants. If such fertile hybrids were
produced in the wild, they could presumably multiply and backcross to
the parental species forming the sort of persistent intermediate
populations of high variability that are found naturally. Their work
suggested that Lloyd's hedgehog cactus could have arisen as a result of
hybridization between these other two species of Echinocereus, both of
which are common and not protected by the Act.
The probability that Lloyd's hedgehog cactus arose through
hybridization rather than representing a persistent ancestral condition
was heightened by Powell et al.'s (1991) finding that naturally
occurring Lloyd's hedgehog cacti have tetraploid chromosome numbers, as
do E. dasyacanthus and E. coccineus. Tetraploid chromosome numbers are
considered an advanced or recently derived characteristic in the
cactaceae, rather than a primitive one. Zimmerman (1992) made
additional observations on pollinators and other ecological and
phenological isolating mechanisms. He also did cladistic analyses of
the primitive and advanced species of the rainbow cacti and claret-cup
cacti taxonomic groups and Lloyd's hedgehog cactus. He agreed that
Lloyd's hedgehog cactus is not primitive and probably arose through
hybridization.
Concluding that plants recognized as Lloyd's hedgehog cactus arose
through hybridization raised questions about the integrity or
cohesiveness of populations and whether they were sufficiently
distinct, isolated, and independently evolving genomes that they should
be recognized as distinct species. Powell et al.'s (1991)
phytochemical, morphological, and crossing studies detected no unique
characters or reproductive isolation that would demonstrate any
independent evolution had occurred. Though their study lacked
comprehensive examination and interpretation of populations in the
field and throughout the known range, they suggested that plants
recognized as Lloyd's hedgehog cactus might represent mere sporadic
hybrid swarms in areas of E. dasyacanthus and E. coccineus sympatry,
and should probably be recognized only as a nothotaxon (a hybrid
recognized nomenclaturally for purposes of identification). They
designated their artificially produced hybrids as Echinocereus X
lloydii.
Zimmerman (1992) examined geographical distribution, correlations
with geographic variation across the range of Lloyd's hedgehog cactus
and its parental species, and population characteristics at several
sites in the wild. He found that Lloyd's hedgehog cactus was only found
in areas of sympatry between E. dasyacanthus and E. coccineus. Further,
sites with Lloyd's hedgehog cactus did not demonstrate populational
integrity or cohesion. Populations were not uniform in appearance and
exhibited great variation among individuals consistent with a pattern
of backcrossing or introgression with the parental species. Zimmerman
could find no evidence of reproductive isolation in the field. The
blooming time of Lloyd's hedgehog cactus overlapped both parental
species, and Lloyd's hedgehog cactus did not exhibit any habitat
preference that would provide any significant physical separation from
the parental species. He concluded that Lloyd's hedgehog cactus is not
a legitimate species, but felt that plants generally recognized as
Lloyd's hedgehog cactus were distinctive enough that for purposes of
description and identification it would be convenient to formally
designate them as a nothotaxon. His review of the nomenclature resulted
in the recommendation that plants formerly recognized as Echinocereus
lloydii should properly be referred to as the nothotaxon Echinocereus X
roetteri var. neomexicanus.
[[Page 30211]]
Previous Federal Action
Federal government action concerning Lloyd's hedgehog cactus began
with section 12 of the Act, which directed the Secretary of the
Smithsonian Institution to prepare a report on those plants considered
to be endangered, threatened, or extinct. This report (House Document
No. 94-51), which included Lloyd's hedgehog cactus, was presented to
Congress on January 9, 1975, and accepted by the Service under section
4(c)(2), now section 4(b)(3)(A), of the Act as a petition to list these
species. The report, along with a statement of the Service's intention
to review the status of the plant taxa, was published in the Federal
Register on July 1, 1975 (40 FR 27823). 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
pursuant to section 4 of the Act. Lloyd's hedgehog cactus was included
in this proposal. Four general hearings pertaining to this proposal
were held in July and August of 1976, in the following cities--
Washington, D.C.; Honolulu, Hawaii; El Segundo, California; and Kansas
City, Missouri. A fifth public hearing was held on July 9, 1979, in
Austin, Texas, for seven Texas cacti, including Lloyd's hedgehog
cactus, and one fish. The final rule listing Lloyd's hedgehog cactus as
an endangered species was published on October 26, 1979 (44 FR 61916).
No critical habitat was designated.
The processing of this proposal to delist follows the Service's
final listing priority guidance published in the Federal Register on
May 16, 1996 (61 FR 24722). The guidance clarifies the order in which
the Service will process rulemakings following two related events: 1)
the lifting, on April 26, 1996, of the moratorium on final listings
imposed on April 10, 1995 (Public Law 104-6), and 2) the restoration of
significant funding for listing through passage of the omnibus budget
reconciliation law on April 26, 1996, following severe funding
constraints imposed by a number of continuing resolutions between
November 1995 and April 1996. The guidance calls for prompt processing
of draft listings, including proposed delistings, that were already in
the Service's Washington office and already approved by the field and
regional offices when the severe funding constraints were imposed in
early fiscal year 1996. A draft of this rule was approved by the
Service's Albuquerque Regional Director and transmitted to the
Washington office on April 4, 1995, where processing was postponed in
favor of other, higher priority listing actions.
Summary of Factors Affecting the Species
After a review of all information available, the Service is
proposing to remove Lloyd's hedgehog cactus from the List of Endangered
and Threatened Plants. Section 4(a)(1) of the Endangered Species Act
and regulations (50 CFR part 424) promulgated to implement the listing
provisions of the Act set forth the procedures for adding species to or
removing them from the Federal lists. The regulations at 50 CFR
424.11(d) state that a species may be delisted if (1) it becomes
extinct, (2) it recovers, or (3) the original classification data were
in error. Since the time of listing, additional study has shown that
Lloyd's hedgehog cactus is not a distinct species, but a hybrid. The
Service has concluded that the original taxonomic interpretation upon
which the listing decision was based was incorrect, and Lloyd's
hedgehog cactus does not qualify for protection because it does not fit
the definition of a species as specified in the Act.
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). At the time of listing it was believed that Lloyd's hedgehog
cactus was a distinct species and that several of these factors were
present. These factors and their application to Echinocereus lloydii
Britt. & Rose (Lloyd's hedgehog cactus) were discussed in detail in the
final rule (44 FR 61916) and included:
A. The present or threatened destruction, modification, or
curtailment of its habitat or range. The Service was concerned that
Lloyd's hedgehog cactus was vulnerable from past and potential habitat
destruction due to highway construction and maintenance, and the
potential destructive impacts of overgrazing in the rural rangeland
habitat.
B. Overutilization for commercial, recreational, scientific, or
educational purposes. At the time of the final rule and continuing
today, Lloyd's hedgehog cactus is in world-wide demand by collectors of
rare cacti. Removal of plants from the wild has depleted natural
populations.
C. Disease or predation. At the time of listing it was believed
that Lloyd's hedgehog cactus, particularly young plants, could suffer
possible adverse affects from trampling by grazing livestock. The final
rule reported that light grazing did not seem to affect the species,
however, intense grazing could threaten its continued existence.
D. The inadequacy of existing regulatory mechanisms. At the time
Lloyd's hedgehog cactus was listed, the states of Texas and New Mexico
had no laws protecting endangered and threatened plants. Since the
listing, both states have enacted protective laws and regulations for
plants. Lloyd's hedgehog cactus is on the New Mexico State List of
Endangered Plant Species (9-10-10 NMSA 1978; NMFRCD Rule No. 91-1) and
on the Texas List of Endangered, Threatened or Protected Plants
(Chapter 88, Texas Parks and Wildlife Code).
On July 1, 1975, all members of the family cactaceae were included
in Appendix II of the Convention on International Trade in Endangered
Species of Wild Fauna and Flora (CITES). CITES is an international
treaty established to prevent international trade that may be
detrimental to the survival of plants and animals. A CITES export
permit must be issued by the exporting country before an Appendix II
species may be shipped. CITES permits may not be issued if the export
will be detrimental to the survival of the species or if the specimens
were not legally acquired. However, CITES does not itself regulate take
or domestic trade.
E. Other natural or manmade factors affecting its continued
existence. Concern about a restricted gene pool due to a low number of
populations was listed in the final rule as a factor that could
intensify the adverse effects of other threats.
The Service's determination that Lloyd's hedgehog cactus should be
proposed for delisting is based on evidence that it is a hybrid that
does not qualify for protection under the Act, rather than on the
control of threats.
The Service has carefully assessed the best scientific and
commercial information available regarding the conclusion that Lloyd's
hedgehog cactus is a hybrid that does not qualify for protection under
the Act in determining to propose this rule. Based on this evaluation,
the preferred action is to remove Lloyd's hedgehog cactus from the List
of Endangered and Threatened Plants.
Effects of the Proposed Rule
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 to Lloyd's hedgehog cactus. 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
[[Page 30212]]
commerce in the course of a commercial activity, sell or offer for sale
in interstate or foreign commerce, or remove and reduce the cactus to
possession from areas under Federal jurisdiction. In addition, for
plants listed as endangered, the Act prohibits the malicious damage or
destruction on areas under Federal jurisdiction and the 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. If Lloyd's hedgehog cactus is removed from the
List of Endangered and Threatened Plants, these prohibitions would no
longer apply.
If Lloyd's hedgehog cactus is delisted, the requirements under
section 7 of the Act would no longer apply. Federal agencies would not
be required to consult with the Service on their actions that may
affect Lloyd's hedgehog cactus.
The 1988 amendments to the Act require that all species delisted
due to recovery be monitored for at least 5 years following delisting.
Lloyd's hedgehog cactus is being proposed for delisting because the
taxonomic interpretation that it is a species has been found to be
incorrect; Lloyd's hedgehog cactus is an unstable hybrid rather than a
distinct taxon. Therefore, no monitoring period following delisting is
required.
Some protection for Lloyd's hedgehog cactus may remain in place.
All cacti, including hybrids, are on Appendix II of CITES. CITES
regulates international trade of cacti, but does not regulate trade
within the United States or prevent habitat destruction.
Public Comments Solicited
The Service intends that any final action resulting from this
proposal will be as accurate and as effective as possible. Therefore,
comments or suggestions from the public, other concerned governmental
agencies, the scientific community, industry, or any other interested
party concerning this proposed rule are hereby solicited. Comments
particularly are sought concerning:
(1) Biological, commercial trade, or other relevant data concerning
the taxonomic status or threats (or lack thereof) to this apparent
hybrid;
(2) The location and characteristics of any additional populations
not considered in previous work that might have bearing on the current
taxonomic interpretation; and
(3) Additional information concerning range, distribution, and
population sizes, particularly if it would assist in the evaluation of
the accuracy of the current taxonomic interpretation.
The Service will take into consideration the comments and any
additional information received and such communications may lead to a
final regulation that differs from this proposal.
The Endangered Species Act provides for one or more public hearings
on this proposal, if requested. Requests must be received within 45
days of the date of publication of the proposal in the Federal
Register. Such requests must be made in writing and addressed to Field
Supervisor (see ADDRESSES section).
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
Benson, L. 1982. The cacti of the United States and Canada. Stanford
University Press, Stanford, California. 1044 pp.
Britton, N.L. and J.N. Rose. 1937. The Cactaceae. Vol. III. 258:37-
38.
Correll, D.S. and M.C. Johnston. 1979. Manual of the vascular plants
of Texas. The University of Texas at Dallas, Richardson, Texas. 1881
pp.
Janssen, G.K. 1993. Project no. 35: assessment and management plan
development for listed and category plants on Texas Department of
Highways and Public Transportation rights-of-ways. Texas Parks and
Wildlife Department, Section 6 Grant Performance Report.
Poole, J.M. and D.H. Riskind. 1987. Endangered, threatened, or
protected native plants of Texas. Texas Parks and Wildlife
Department, Austin, Texas.
Poole, J.M. and A.D. Zimmerman. 1985. Endangered species information
system species record, Echinocereus lloydii. U.S. Fish and Wildlife
Service, Division of Endangered Species, Washington, D.C.
Powell, A.M., A.D. Zimmerman, and R.A. Hilsenbeck. 1991.
Experimental documentation of natural hybridization in Cactaceae:
origin of Lloyd's hedgehog cactus, Echinocereus X lloydii. Plant
Systematics and Evolution 178:107-122.
U.S. Fish and Wildlife Service. 1985. Minutes of the Joint Meeting,
Region 2 Plant Recovery Teams, January 10-11, 1985. Region 2,
Albuquerque, New Mexico.
Weniger, D. 1970. Cacti of the southwest. University of Texas Press,
Austin, Texas. 249 pp.
Weniger, D. 1979. Status report on Echinocereus lloydii. U.S. Fish
and Wildlife Service, Albuquerque, New Mexico. 11 pp.
Zimmerman, A.D. 1992. Systematics of Echinocereus X roetteri
(Cactaceae), including Lloyd's hedgehog-cactus. Southwestern Rare
and Endangered Plants; Proceedings of the Southwestern Rare and
Endangered Plant Conference. Forestry and Resources Conservation
Division of the New Mexico Energy, Minerals, and Natural Resources
Department. Miscellaneous Publication 2:270-288.
Authors
The primary authors of this document are Elizabeth Materna and
Kathryn Kennedy, Ecological Services Austin Field Office (see ADDRESSES
section).
List of Subjects in 50 CFR Part 17
Endangered and threatened species, Exports, Imports, Reporting and
recordkeeping requirements, and Transportation.
Proposed Regulation Promulgation
Accordingly, the Service hereby proposes to amend part 17,
subchapter B of chapter I, title 50 of the Code of Federal Regulations,
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.
Sec. 17.12 [Amended]
2. Section 17.12(h) is amended by removing the entry for
``Echinocereus lloydii'' under ``FLOWERING PLANTS'' from the List of
Endangered and Threatened Plants.
Dated: May 28, 1996.
John G. Rogers,
Acting Director, Fish and Wildlife Service.
[FR Doc. 96-15124 Filed 6-13-96; 8:45 am]
BILLING CODE 4310-55-P