[Federal Register Volume 64, Number 121 (Thursday, June 24, 1999)]
[Rules and Regulations]
[Pages 33796-33800]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-16029]
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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; Final 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: Final rule.
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SUMMARY: We, the U.S. Fish and Wildlife Service, are removing the plant
Echinocereus lloydii (Lloyd's hedgehog cactus), from the Federal List
of Endangered and Threatened Species under the authority of the
Endangered Species Act of 1973, as amended (Act). Lloyd's hedgehog
cactus was listed as endangered on October 26, 1979, as a result of
threats presented by collection and highway projects. Recent evidence
indicates that Lloyd's hedgehog cactus is not a distinct species but
rather a hybrid or cross which is not evolving independently of its
parental species. Therefore, E. lloydii no longer qualifies for
protection under the Act. Removing Lloyd's hedgehog cactus from the
list constitutes our recognition of its hybrid status and removes
Federal protection under the Endangered Species Act.
DATES: This rule is effective July 26, 1999.
ADDRESSES: The complete file for this rule is available for inspection,
by appointment, during normal business hours, at the U.S. Fish and
Wildlife Service's Austin Texas Field Office, U.S. Fish and Wildlife
Service, 10711 Burnet Road, Suite 200, Austin, Texas 78758.
[[Page 33797]]
FOR FURTHER INFORMATION CONTACT: Kathryn Kennedy, botanist, U.S. Fish
and Wildlife Service, 10711 Burnet Road, Suite 200, Austin, Texas
78758, (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 1909 and was named
in his honor by Britton and Rose (1922). The first plants collected by
Mr. Lloyd were from near Fort Stockton, Pecos County, Texas (Weniger
1970). Lloyd's hedgehog cactus is cylindrical with one or several
ribbed stems which grow up to about 20 centimeters (cm) (8 inches (in))
high and 10 cm (4 in) in diameter. The flowers vary a great deal in
color from lavender to magenta, 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, Texas, and Eddy County, New Mexico. It has also
been reported from the state of Chihuahua in Mexico. Currently fewer
than 15 populations are known, most occurring on private lands.
We listed Lloyd's hedgehog cactus as an endangered species on
October 26, 1979 (44 FR 61916), under the authority of the Endangered
Species Act of 1973, as amended (Act) (16 U.S.C. 1531 et. seq.) At the
time of listing, botanists considered Lloyd's hedgehog cactus a
distinct species threatened by over-collection, habitat loss or
alteration due to highway construction and maintenance, and potentially
by overgrazing.
The physical characteristics of specimens of Lloyd's hedgehog
cactus were long recognized as intermediate between those of
Echinocereus dasyacanthus (Texas rainbow cactus) and Echinocerus
coccineus (a species of claret-cup cactus). Several theories emerged as
to how this intermediacy may have arisen. One theory was that Lloyd's
hedgehog cactus represented a primitive ancestral evolutionary lineage
(ancestry), which diversified over time to give rise to two new
lineages producing E. dasyacanthus and E. coccineus. A second theory
was that Lloyd's hedgehog cactus was of more recent hybrid origin, the
result of ancient hybridization or crossing between E. dasyacanthus and
E. coccineus, but now an independent taxon or group of organisms
recognizable as a species.
While reports of interspecific hybridization (cross between two
species) between members of the genus Echinocereus were known,
hybridization between E. coccineus and E. dasyacanthus seemed highly
unlikely as the two species differ greatly in morphology (structure and
form), have different predominant pollinators (one hummingbird
pollinated, the other bee pollinated), and generally grow in different
habitats; the first being a more mesic species (average moisture) and
the latter being more typically found in more open desert. In addition,
in sites where the plants were grown or seen in proximity to each other
they were observed to bloom at different times with little if any
overlap. While many hybrids are sterile, plants of E. lloydii are
fertile and able to reproduce. In addition, because these wild
populations have persisted over time, treatment as a distinct species
was generally accepted.
Steve Brack (U.S. Fish and Wildlife Service 1985) reported locating
E. lloydii 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 E.
lloydii as a distinct species. These taxonomic questions supported the
possibility that Lloyd's hedgehog cactus might be a result of recent
and sporadic hybridization events, with these wild populations simply
representing relatively unstable hybrid swarms that are not evolving
independently and are not recognizable as a species. In response to
this new information we determined that the question of the hybrid
status of Lloyd's hedgehog cactus should be further investigated.
In studies by Powell, Zimmerman, and Hilsenbeck (1991) and Powell
(1995) the progeny resulting from the artificial crossing of E.
dasyacanthus and E. coccineus and naturally occurring E. lloydii was
examined using artificial cross-pollination (cross fertilization),
morphological analyses (analysis of structure and form), pollen
stainability studies (using slide stain techniques to assess the
viability of pollen), chromosome counts, and phytochemical analysis
(plant chemical). Their research demonstrated that hybrids between E.
dasyacanthus and E. coccineus could be easily produced, closely
resembled the naturally occurring E. lloydii, and were interfertile and
able to backcross to the parental species. One theory resulting from
this work was that if 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
which are found naturally in the wild. This suggests that Lloyd's
hedgehog cactus may 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 (crossbreeding) rather than representing a persistent
ancestral condition was heightened by Powell et al.'s (1991) finding
that naturally occurring E. lloydii have tetraploid chromosome numbers
(four times the normal chromosome numbers), as do E. dasyacanthus and
E. coccineus. Tetraploid chromosome numbers are considered an advanced
or recently derived characteristic in the family Cactaceae, rather than
a primitive one. Zimmerman (1993) made additional observations on
pollinators and other ecological and phenological (the study of
periodicity in relation to climate and environment) isolating
mechanisms, examined the primitive and advanced species of the E.
dasyacanthus and E. coccineus taxonomic groups (rainbow cacti and
claret-cup cacti) and E. lloydii, and performed cladistic analyses
(analysis of the order of evolutionary decent). This work resulted in
his agreement that Lloyd's hedgehog cactus is not primitive and
probably arose as a result of hybridization.
The conclusion that plants recognized as E. lloydii arose through
hybridization raised questions about the integrity or cohesiveness of
populations and whether they were a sufficiently distinct, isolated and
independently evolving genome (genetic entity) that they should be
recognized as distinct species. Powell et al. (1991) and Powell (1995),
in their 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 populations
recognized as E. lloydii might represent mere hybrids, and should
probably at best be recognized only as an illegitimate species
recognized nomenclaturally (by scientific name) for purposes of
identification. They designated their artificially produced hybrids as
Echinocereus X lloydii.
Zimmerman (1993) examined geographical distribution, correlations
with geographic variation across the range of E. lloydii and its
parental
[[Page 33798]]
species, and population characteristics at several sites in the wild.
He found that E. lloydii was only found in areas where both E.
dasyacanthus and E. coccineus occur. Further, sites with plants known
as E. lloydii 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. Zimmerman found that
blooming time overlapped both parental species, and hybrid individuals
did not exhibit any significant habitat preference that would provide
any significant separation from the parental species, concluding that
E. lloydii is not a legitimate species. Zimmerman's review of the
nomenclature resulted in the recommendation that plants formerly
recognized as E. lloydii should properly be referred to as Echinocereus
X roetteri var. neomexicanus.
Previous Federal Action
Federal action concerning Lloyd's hedgehog cactus began with
Section 12 of the original Endangered Species Act of 1973, which
directed the Secretary of the Smithsonian Institution to prepare a
report on those plants considered to be endangered, threatened, or
extinct. This report, designated as House Document No. 94-51 was
presented to Congress on January 9, 1975. A notice was published on
July 1, 1975 (40 FR 27823), of our acceptance of the report of the
Smithsonian Institution as a petition to list these species, including
Echinocereus lloydii, under Section 4(c)(2), now section 4(b)(3)(A) of
the Act.
The report was published in the Federal Register on July 1, 1975
(40 FR 27823-27924), and provided notice of our intention to review the
status of the plant taxa named within. On June 16, 1976, we published a
proposed rulemaking in the Federal Register (41 FR 24523-24572)
proposing the listing of approximately 1,700 vascular plant species as
endangered under Section 4 of the Act. Echinocereus lloydii was
included in this list. In response to our proposal of June 16, 1976,
four hearings were held in July and August of 1976, in the following
locations: Washington, D.C.; Honolulu, Hawaii; El Segundo, California;
and Kansas City, Missouri. We held a fifth public hearing on July 9,
1979, in Austin, Texas for seven Texas cacti, including E. lloydii, and
one fish.
We published a final rule in the Federal Register on June 24, 1977
(42 FR 32373-32381, codified at 50 CFR 17) detailing the regulations to
protect Endangered and Threatened plant species. These regulations
codified the prohibitions of the Act and established procedure for the
permitting of certain activities under the Act. We published a final
rule to list the Lloyd's hedgehog cactus as an endangered species on
October 26, 1979 (44 FR 61916).
We initiated our review of new information and the status of
Lloyd's hedgehog cactus in 1994 and a draft proposed delisting rule was
forwarded to the Washington Office on April 4, 1995. However, a listing
moratorium (Public Law 104-6, April 10, 1995) and rescission of listing
program funding in Fiscal Year 1996 disrupted our listing program. This
moratorium was lifted and our listing program funding was restored on
April 26, 1996. We issued guidance on May 16, 1996 (61 FR 24722),
setting priorities for restarting the listing program that included
processing of proposed delistings already in the Washington Office. The
proposed rule for delisting Lloyd's hedgehog cactus was published on
June 14, 1996 (61 FR 30209). The public comment period on the proposed
rule closed August 13, 1996.
Our listing priority guidance for Fiscal Year 1997, finalized
December 5, 1996 (61 FR 64475), precluded the final delisting decision
and processing of this final rule. Our 1997 guidance determined that,
given limited resources, enacting conservation protection for the
backlog of listing actions for high priority imperiled species merited
priority. Delistings and reclassifications actions were given our
lowest priority.
With the publication of listing priority guidance for Fiscal Years
1998 and 1999 on May 8, 1998 (63 FR 25502), we returned to a more
balanced listing program. Delisting and reclassification actions are
now in the lowest priority position within Tier 2 actions. With
resources allocated to all types of Tier 2 listing actions, work on the
final determination for Lloyd's hedgehog cactus resumed.
In our June 14, 1996 (61 FR 30209), proposed rule, all interested
parties were requested to submit factual reports or information that
might contribute to the development of a final rule. One hundred and
fifteen letters of notification were sent to appropriate Federal and
State agencies, county governments, scientific organizations, and other
interested parties requesting comment. Newspaper notices were published
in the Carlsbad Current-Argus on June 22, 1996, The El Paso Times on
June 25, 1996, the Fort Stockton Pioneer on June 27, 1996, and in the
Van Horn Advocate on June 27 and July 4. We received five responses,
all supporting delisting. One response was from the U.S. Forest
Service, three were from botanists familiar with Lloyd's hedgehog
cactus and one was from the president of a landowner's group. One
response included a scientific paper published in 1995 after the
proposed rule had been drafted and transmitted to Washington, which was
not previously reviewed. This paper is cited in this final rule, and is
a slight extension of earlier work supporting the hybrid nature of
Lloyd's hedgehog cactus.
During the public comment period we invited peer review of the
conclusions and supporting information from four qualified systematic
botanists. In response we received two responses, both concurring that
Lloyd's hedgehog cactus is not a distinct species.
Summary of Factors Affecting the Species
After a thorough review and consideration of all information
available, we have determined that Lloyd's hedgehog cactus should be
removed from the List of Threatened and Endangered Plants. Procedures
found at section 4(a)(1) of the Act (16 U.S.C. 1531 et seq.) and
regulations implementing the delisting provisions of the Act (50 CFR
Part 424) were followed. 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. After a review
of the species' taxonomy, we conclude, based on the best scientific and
commercial information available, that the original listing decision
was based on a taxonomic interpretation subsequently demonstrated to be
incorrect. Lloyd's hedgehog cactus no longer qualifies for protection
under the Act because it does not conform with the definition of
species.
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
relevant to its status. 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
[[Page 33799]]
primary concern in our prior rulemaking was 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, Echinocereus lloydii is in world-wide demand by collectors of
rare cacti. Removal of plants from the wild has resulted in the
depletion of natural populations.
C. Disease or predation. At the time of listing it was felt that
Echinocereus lloydii, particularly young plants, could suffer possible
adverse affects from trampling by grazing cattle. The final rule
reported that light grazing did not seem to affect the species,
however, intensified grazing could threaten the continued existence of
E. lloydii.
D. The inadequacy of existing regulatory mechanisms. At the time
Echinocereus lloydii 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 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, Appendix II of the Convention on International
Trade in Endangered Species of Wild Fauna and Flora (CITES) was amended
to include all members of the family Cactaceae. 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 regulate
take or domestic trade.
E. Other natural or manmade factors affecting its continued
existence. The final rule contained some discussion of the low numbers
of populations and the resulting restricted gene pool as a factor that
could intensify the adverse effects of other threats.
The determination that Lloyd's hedgehog cactus should be delisted
is based upon evidence that it is a hybrid that does not qualify for
protection under the Act, rather than on the control of threats. Since
Lloyd's hedgehog cactus is a hybrid which continues to be produced by
the two parent species, the number of E. lloydii populations is no
longer significant.
We have carefully assessed the best scientific and commercial
information available regarding the conclusion that Echinocereus
lloydii is a hybrid that does not qualify for protection under the Act
in determining to make this rule final. Based on this evaluation, the
preferred action is to remove Lloyd's hedgehog cactus from the list of
Endangered and Threatened Plants.
In accordance with 5 U.S.C. 553(d), we have determined that this
rule relieves an existing restriction and good cause exists to make
this rule effective immediately. Delay in implementation of this
delisting would cost government agencies staff time and monies on
conducting Section 7 consultation on actions which may affect the
Lloyd's hedgehog cactus, when this hybrid should no longer come under
the protection of the Act. Lifting the existing restrictions associated
with the listing of this species will enable Federal agencies to
minimize any delays in project planning and implementation for actions
that may affect Lloyd's hedgehog cactus.
Effects of the Final Rule
This action removes Lloyd's hedgehog cactus from the List of
Endangered and Threatened Plants. The Act and its implementing
regulations set forth a series of general prohibitions that apply to
all endangered plants. All prohibitions of section 9(a)(2) of the Act,
implemented by 50 CFR 17.61, currently 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 commerce in the course of a
commercial activity, sell or offer for sale this species in interstate
or foreign commerce, or to remove and reduce to possession the species
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 endangered plants in knowing violation of any
State law or regulation, including State criminal trespass law. These
prohibitions will no longer apply to Lloyd's hedgehog cactus.
The requirements of Section 7 of the Act will also no longer apply
to Lloyd's hedgehog cactus and Federal agencies will no longer be
required to consult on their actions that may affect Lloyd's hedgehog
cactus.
The 1988 amendments to the Act require that all species which have
been delisted due to recovery be monitored for at least 5 years
following delisting. Lloyd's hedgehog cactus is being delisted because
the taxonomic interpretation that it is a valid species has been found
to be incorrect, and 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 will remain in place.
All native 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.
National Environmental Policy Act
We have determined that an Environmental Assessment, 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 basis 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. 1922. 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.
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.
Powell, A.M. 1995. Second generation experimental hybridizations in
the Echinocereus X Lloydii complex (Cactaceae), and further
documentation of dioecy in E. coccineus. Pl. Syst. Evol. 196:63-74.
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.
[[Page 33800]]
Weniger, D. 1979. Status report on Echinocereus lloydii. U.S. Fish
and Wildlife Service, Albuquerque, New Mexico. 11 pp.
Weniger, D. 1970. Cacti of the southwest. University of Texas Press,
Austin, Texas. 249 pp.
Zimmerman, A.D. 1993. 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 author of this document is Kathryn Kennedy, Austin
Ecological Services Field Office (refer to ADDRESSES section).
List of Subjects in 50 CFR Part 17
Endangered and threatened species, Exports, Imports, Reporting and
recordkeeping requirements, 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.
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 13, 1999.
Jamie Rappaport Clark,
Director, Fish and Wildlife Service.
[FR Doc. 99-16029 Filed 6-23-99; 8:45 am]
BILLING CODE 4310-55-P