[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]



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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.

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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