94-20789. Endangered and Threatened Wildlife and Plants; Determination of Endangered Status for the Plants Ayenia limitaris (Texas Ayenia) and Ambrosia cheiranthifolia (South Texas Ambrosia)  

  • [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
    
    
    

Document Information

Published:
08/24/1994
Department:
Fish and Wildlife Service
Entry Type:
Uncategorized Document
Action:
Final rule.
Document Number:
94-20789
Dates:
September 23, 1994.
Pages:
0-0 (1 pages)
Docket Numbers:
Federal Register: August 24, 1994
RINs:
1018-AC01
CFR: (1)
50 CFR 17.12