81_FR_96182 81 FR 95932 - Endangered and Threatened Wildlife and Plants; Reclassifying the Tobusch Fishhook Cactus From Endangered to Threatened on the Federal List of Endangered and Threatened Plants

81 FR 95932 - Endangered and Threatened Wildlife and Plants; Reclassifying the Tobusch Fishhook Cactus From Endangered to Threatened on the Federal List of Endangered and Threatened Plants

DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service

Federal Register Volume 81, Issue 250 (December 29, 2016)

Page Range95932-95941
FR Document2016-31296

Under the authority of the Endangered Species Act of 1973, as amended (Act), we, the U.S. Fish and Wildlife Service (Service), propose to reclassify the Tobusch fishhook cactus (Sclerocactus brevihamatus ssp. tobuschii; currently listed as Ancistrocactus tobuschii) from endangered to threatened on the Federal List of Endangered and Threatened Plants (List). This determination is based on a thorough review of the best available scientific and commercial information, which indicates that the threats to this plant have been reduced to the point that it no longer meets the definition of endangered under the Act, but may still become endangered within the foreseeable future. This document also serves as the 12-month finding on a petition to reclassify this plant from endangered to threatened.

Federal Register, Volume 81 Issue 250 (Thursday, December 29, 2016)
[Federal Register Volume 81, Number 250 (Thursday, December 29, 2016)]
[Proposed Rules]
[Pages 95932-95941]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-31296]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[Docket No. FWS-R2-ES-2016-0130; FXES11130900000 178 FF09E42000]
RIN 1018-BB90


Endangered and Threatened Wildlife and Plants; Reclassifying the 
Tobusch Fishhook Cactus From Endangered to Threatened on the Federal 
List of Endangered and Threatened Plants

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule and 12-month petition finding; request for 
comments.

-----------------------------------------------------------------------

SUMMARY: Under the authority of the Endangered Species Act of 1973, as 
amended (Act), we, the U.S. Fish and Wildlife Service (Service), 
propose to reclassify the Tobusch fishhook cactus (Sclerocactus 
brevihamatus ssp. tobuschii; currently listed as Ancistrocactus 
tobuschii) from endangered to threatened on the Federal List of 
Endangered and Threatened Plants (List). This determination is based on 
a thorough review of the best available scientific and commercial 
information, which indicates that the threats to this plant have been 
reduced to the point that it no longer meets the definition of 
endangered under the Act, but may still become endangered within the 
foreseeable future. This document also serves as the 12-month finding 
on a petition to reclassify this plant from endangered to threatened.

DATES: We will accept comments received or postmarked on or before 
February 27, 2017. Please note that if you are using the Federal 
eRulemaking Portal (see ADDRESSES), the deadline for submitting an 
electronic comment is 11:59 p.m. Eastern Time on this date. We must 
receive requests for public hearings, in writing, at the address shown 
in FOR FURTHER INFORMATION CONTACT by February 13, 2017.

ADDRESSES: Written comments: You may submit comments by one of the 
following methods:
    (1) Electronically: Go to the Federal eRulemaking Portal: http://www.regulations.gov. In the Search box, enter FWS-R2-ES-2016-0130, 
which is the docket number for this rulemaking. Then, click on the 
Search button. On the resulting page, in the Search panel on the left 
side of the screen, under the Document Type heading, click on the 
Proposed Rules link to locate this document. You may submit a comment 
by clicking on ``Comment Now!''
    (2) By hard copy: Submit by U.S. mail or hand-delivery to: Public 
Comments Processing, Attn: FWS-R2-ES-2016-0130, U.S. Fish and Wildlife 
Service, MS: BPHC, 5275 Leesburg Pike, Falls Church, VA 22041-3803.
    We request that you send comments only by the methods described 
above. We will post all comments on http://www.regulations.gov. This 
generally means that we will post any personal information you provide 
us (see Public Comments, below, for more information).
    Copies of Documents: This proposed rule and supporting documents 
are available on http://www.regulations.gov. In addition, the 
supporting file for this proposed rule will be available for public 
inspection, by appointment, during normal business hours, at the Austin 
Ecological Services Field Office, 10711 Burnet Rd., Suite 200, Austin, 
TX 78727; telephone 512-490-0057.

FOR FURTHER INFORMATION CONTACT: Adam Zerrenner, Field Supervisor, U.S. 
Fish and Wildlife Service, Austin Ecological Services Field Office, 
10711 Burnet Rd., Suite 200, Austin, TX 78727; telephone 512-490-0057; 
or facsimile 512-490-0974. Persons who use a telecommunications device 
for the deaf (TDD) may call the Federal Information Relay Service 
(FIRS) at 800-877-8339.

SUPPLEMENTARY INFORMATION:

Information Requested

Public Comments

    We want any final rule resulting from this proposal to be as 
effective as possible. Therefore, we invite tribal and governmental 
agencies, the scientific community, industry, and other interested 
parties to submit comments or recommendations concerning any aspect of 
this proposed rule. Comments should be as specific as possible.
    To issue a final rule to implement this proposed action, we will 
take into consideration all comments and any additional information we 
receive. Such communications may lead to a final rule that differs from 
this proposal. All comments, including commenters' names and addresses, 
if provided to us, will become part of the supporting record.
    We are specifically requesting comments on:
    (1) New information on the historical and current status, range, 
distribution, and population size of the Tobusch fishhook cactus, 
including the locations of any additional populations.
    (2) New information on the known and potential threats to the 
Tobusch fishhook cactus.
    (3) New information regarding the life history, ecology, and 
habitat use of the Tobusch fishhook cactus.
    Please note that submissions merely stating support for or 
opposition to the action under consideration without providing 
supporting information, although noted, will not be considered in 
making a determination, as section 4(b)(1)(A) of the Act (16 U.S.C. 
1531 et seq.) directs that determinations as to whether any species is 
an endangered or threatened species must be made ``solely on the basis 
of the best scientific and commercial data available.''
    You may submit your comments and materials concerning the proposed 
rule by one of the methods listed in ADDRESSES. Comments must be 
submitted to http://www.regulations.gov before 11:59 p.m. (Eastern 
Time) on the date specified in DATES. We will not consider hand-
delivered comments that we do not receive, or mailed comments that are 
not postmarked, by the date specified in DATES.
    We will post your entire comment--including your personal 
identifying information--on http://www.regulations.gov. If you provide 
personal identifying information in your comment, you may request at 
the top of your document that we withhold this information from public 
review. However, we cannot guarantee that we will be able to do so.
    Comments and materials we receive, as well as supporting 
documentation we used in preparing this proposed rule, will be 
available for public inspection on http://www.regulations.gov, or by 
appointment, during normal business hours at the U.S. Fish and Wildlife 
Service, Austin Ecological Services Field Office (see FOR FURTHER 
INFORMATION CONTACT).

Public Hearing

    Section 4(b)(5)(E) of the Act provides for one or more public 
hearings on this proposed rule, if requested. We must receive requests 
for public hearings, in

[[Page 95933]]

writing, at the address shown in FOR FURTHER INFORMATION CONTACT by the 
date shown in DATES. We will schedule public hearings on this proposal, 
if any are requested, and places of those hearings, as well as how to 
obtain reasonable accommodations, in the Federal Register at least 15 
days before the first hearing.

Peer Review

    In accordance with our policy, ``Notice of Interagency Cooperative 
Policy for Peer Review in Endangered Species Act Activities,'' which 
was published on July 1, 1994 (59 FR 34270), we are soliciting the 
expert opinion of at least three appropriate independent specialists 
regarding scientific data and interpretations contained in the Species 
Status Assessment Report (SSA Report) (Service 2016; available at 
http://www.regulations.gov under Docket No. FWS-R2-ES-2016-0130) 
supporting this proposed rule. The purpose of such review is to ensure 
that our decisions are based on scientifically sound data, assumptions, 
and analysis. We will incorporate, as appropriate, the feedback from 
the peer review of the SSA Report into any final determination 
regarding the subspecies.

Background

    Section 4(b)(3)(B) of the Act requires that, for any petition to 
revise the Federal Lists of Endangered and Threatened Wildlife and 
Plants that contains substantial scientific or commercial information 
that reclassifying a species may be warranted, we make a finding within 
12 months of the date of receipt of the petition (``12-month 
finding''). In this finding, we determine whether the petitioned action 
is: (1) Not warranted, (2) warranted, or (3) warranted, but immediate 
proposal of a regulation implementing the petitioned action is 
precluded by other pending proposals to determine whether species are 
endangered or threatened, and expeditious progress is being made to add 
or remove qualified species from the Federal Lists of Endangered and 
Threatened Wildlife and Plants. We must publish these 12-month findings 
in the Federal Register. This document represents:
     Our 12-month warranted finding on a July 16, 2012, 
petition to reclassify the Tobusch fishhook cactus from endangered to 
threatened (that is, to ``downlist'' this plant);
     Our determination that the Tobusch fishhook cactus no 
longer meets the definition of endangered under the Act; and
     Our proposed rule to reclassify the Tobusch fishhook 
cactus from endangered to threatened on the Federal List of Endangered 
and Threatened Plants.

Previous Federal Actions

    We published a final rule to list the Tobusch fishhook cactus as an 
endangered species under the Act on November 7, 1979 (44 FR 64736). At 
that time, we also determined that it was not prudent to designate 
critical habitat for the subspecies because the publication of critical 
habitat maps could make the species more vulnerable to taking. We 
issued a recovery plan on March 18, 1987. The recovery plan has not 
been revised. A status review (``5-year review'') under section 
4(c)(2)(A) of the Act was completed for the Tobusch fishhook cactus on 
January 5, 2010. The 5-year review recommended that this plant be 
reclassified from endangered to threatened (Service 2010).
    On July 16, 2012, we received a petition dated July 11, 2012, from 
The Pacific Legal Foundation, Jim Chilton, the New Mexico Cattle 
Growers' Association, New Mexico Farm & Livestock Bureau, New Mexico 
Federal Lands Council, and Texas Farm Bureau requesting, among other 
things, that the Tobusch fishhook cactus be reclassified as threatened 
based on the analysis and recommendation contained in the 5-year 
review. The Service published a 90-day finding on September 9, 2013 (78 
FR 55046) that the petition contained substantial scientific or 
commercial information indicating that the petitioned action may be 
warranted. On November 20, 2015, the Service received a complaint (New 
Mexico Cattle Growers' Association et al. v. United States Department 
of the Interior et al., No. 1:15-cv-01065-PJK-LF (D. N.M.)) for 
declaratory judgment and injunctive relief from the New Mexico Cattle 
Growers' Association, Jim Chilton, New Mexico Farm & Livestock Bureau, 
New Mexico Federal Lands Council, and Texas Farm Bureau to, among other 
things, compel the Service to make a 12-month finding on the petition. 
This document serves as our 12-month warranted finding on the July 16, 
2012, petition to reclassify the Tobusch fishhook cactus from 
endangered to threatened.

Species Status Assessment for Tobusch fishhook cactus.

    We prepared a Species Status Assessment (SSA) for the Tobusch 
fishhook cactus (Service 2016; available at http://www.regulations.gov), which includes a thorough review of the 
subspecies' taxonomy, natural history, habitats, ecology, populations, 
and range. The SSA analyzes individual, population, and subspecies 
requirements, as well as factors affecting the subspecies' survival and 
its current conditions, to assess the subspecies' current and future 
viability in terms of resilience, redundancy, and representation.
    We define viability as the ability of a species to persist and to 
avoid extinction over the long term. Resilience refers to the 
population size and demographic characteristics necessary to endure 
stochastic environmental variation (Shaffer and Stein 2000, pp. 308-
310). Resilient populations are better able to recover from losses 
caused by random variation, such as fluctuations in recruitment 
(demographic stochasticity), variations in rainfall (environmental 
stochasticity), or changes in the frequency of wildfires. Redundancy 
refers to the number and geographic distribution of populations or 
sites necessary to endure catastrophic events (Shaffer and Stein 2000, 
pp. 308-310). As defined here, catastrophic events are rare 
occurrences, usually of finite duration, that cause severe impacts to 
one or more populations. Examples of catastrophic events include 
tropical storms, unusually high or prolonged floods, prolonged drought, 
and unusually intense wildfire. Species that have multiple resilient 
populations distributed over a larger landscape are more likely to 
survive catastrophic events, since not all populations would be 
affected. Representation refers to the genetic diversity, both within 
and among populations, necessary to conserve long-term adaptive 
capability (Shaffer and Stein 2000, pp. 307-308). Species with greater 
genetic diversity are more able to adapt to environmental changes and 
to colonize new sites.
    The SSA Report provides the scientific basis that informs our 
regulatory determination as to whether or not this subspecies should be 
listed as an endangered or a threatened species under the Act. This 
decision involves the application of standards within the Act, the 
Act's implementing regulations, and Service policies (see Finding and 
Proposed Determination, below). The following discussion is a summary 
of the results and conclusions from the SSA Report. We are soliciting 
peer review of the draft SSA Report from three objective and 
independent scientific experts.

Description

    Tobusch fishhook cactus is a rare, endemic plant of the Edwards 
Plateau of central Texas. The common and scientific names honor Herman

[[Page 95934]]

Tobusch, who first collected it in 1951 (Marshall 1952, p. 78). In the 
wild, this globose or columnar cactus rarely exceeds 5 centimeters (2 
inches) in diameter and in height (Poole and Janssen 2002, p. 7). As 
the name implies, it is armed with curved ``fishhook'' spines.

Classification

    The taxonomic classifications of Tobusch fishhook cactus include 
several published synonyms. We listed it as a species, Ancistrocactus 
tobuschii (44 FR 64736, November 7, 1979), and retained this 
classification for the recovery plan (Service 1987). However, recent 
phylogenetic evidence supports classifying Tobusch fishhook cactus as 
subspecies tobuschii of Sclerocactus brevihamatus (Porter and Prince 
2011, pp. 40-47). It is distinguished morphologically from its closest 
relative, S. brevihamatus ssp. brevihamatus, on the basis of yellow 
versus pink- or brown-tinged flowers, fewer radial spines, and fewer 
ribs (Marshall 1952, p. 79; Poole et al. 2007, p. 442; Porter and 
Prince 2011, pp. 42-45). Additionally, S. brevihamatus ssp. tobuschii 
is endemic to limestone outcrops of the Edwards Plateau, while S. 
brevihamatus ssp. brevihamatus occurs in alluvial soils in the 
Tamaulipan Shrublands and Chihuahuan Desert. A recent investigation 
confirmed genetic divergence between the two subspecies, although they 
may interact genetically in a narrow area where their ranges overlap 
(Rayamajhi 2015, pp. 67, 98; Sharma 2015, p. 1). With the publication 
of this proposed rule, we officially accept the new scientific name of 
the Tobusch fishhook cactus as Sclerocactus brevihamatus ssp. 
tobuschii.

Reproduction

    Tobusch fishhook cactus grows slowly, reaching a reproductive size 
of about 2 centimeters (0.8 inches) in diameter after 9 years (Emmett 
1995, pp. 168-169). It flowers between late January and mid-March, and 
its major pollinators are honey bees and halictid bees (Emmett 1995, 
pp. 74-75; Lockwood 1995, pp. 428-430; Reemts and Becraft 2013, pp. 6-
7; Langley 2015, pp. 21-23). The breeding system is primarily out-
crossing, requiring two individuals for reproduction, but the 
subspecies is capable of self-fertilization (Emmett 1995, p. 70; 
Langley 2015, pp. 24-28). Reproductive individuals produce an average 
of 112 seeds per year (Emmett 1995, p. 108). Ants may be seed 
predators, dispersers, or both (Emmett 1995, pp. 112-114, 124). Mammals 
or birds may also accomplish longer distance seed dispersal (Emmett 
1995, pp. 115-116, 126). There is little evidence that seeds persist in 
the soil (Emmett 1995, pp. 120-122).

Habitats

    When listed as endangered in 1979, fewer than 200 individuals of 
Tobusch fishhook cactus were known from 4 riparian sites, 2 of which 
had been destroyed by floods (44 FR 64736, November 7, 1979; Service 
1987, pp. 4-5). We now understand that those riparian habitats were 
atypical; the great majority of populations that have now been 
documented occur in upland sites dominated by Ashe juniper-live oak 
woodlands and savannas on the Edwards Plateau (Poole and Janssen 2002, 
p. 2). Soils are classified in the Tarrant, Ector, Eckrant, and similar 
series. Within a matrix of woodland and savanna, the subspecies occurs 
in discontinuous patches of very shallow, gravelly soils where bare 
rock and rock fragments comprise a large proportion of the surface 
cover (Sutton et al. 1997, pp. 442-443). Associated vegetation includes 
small bunch grasses and forbs. The subspecies' distribution within 
habitat patches is clumped and tends to be farther from woody plant 
cover (Reemts 2014, pp. 9-10). The presence of cryptograms, primitive 
plants that reproduce by spores rather than seeds, may be a useful 
indicator of fine-scale habitat suitability (Service 2010, p. 17). 
Wildfire (including prescribed burning) causes negligible damage to 
Tobusch fishhook cactus populations (Emmett 1995, p. 42; Poole and 
Birnbaum 2003, p. 12). The subspecies probably does not require fire 
for germination, establishment, or reproduction, but periodic burning 
may be necessary to prevent the encroachment of woody plants into its 
habitats.

Populations and Range

    A population of an organism is a group of individuals within a 
geographic area that are capable of interbreeding or interacting. 
Although the term is conceptually simple, it may be difficult to 
determine the extent of a population of rare or cryptic species, and 
this is certainly the case for Tobusch fishhook cactus. Thorough 
surveys on public lands, such as state parks and highway rights-of-way, 
have detected groups of individuals, but since the vast majority of the 
surrounding private lands have not been surveyed, we do not know if 
these are small, isolated populations, or parts of larger interacting 
populations or meta-populations. For convenience, we often informally 
use the terms ``site'', referring to a place where the species was 
found, and ``colony'', referring to a cluster of individuals, when we 
do not know the extent of the local population.
    Tobusch fishhook cactus populations are now confirmed in eight 
central Texas counties: Bandera, Edwards, Kerr, Kimble, Kinney, Real, 
Uvalde, and Val Verde. In 2009, the Texas Native Diversity Database 
listed 105 element occurrences, areas in which the species was present, 
(EOs; NatureServe 2002, p. 10) of Tobusch fishhook cactus, totaling 
3,395 individuals (TXNDD 2009, pp. 1-210). Texas Parks and Wildlife 
Department botanists monitored 118 permanent plots at 12 protected 
natural areas from 1991 through 2013 (Poole and Janssen 2002, entire; 
Poole and Birnbaum 2003, entire). Annual mortality in plots was often 
greater than 20 percent, and consistently exceeded recruitment (Emmett 
1995, pp. 155-161; Poole and Birnbaum 2001, p. 5). In particular, 
infestations by insect larvae caused catastrophic population declines 
(Emmett 1995, pp. 155-161; Calvert 2003, entire). However, mortality 
and recruitment determinations are confounded by the great difficulty 
in detecting live plants in the field (Poole and Janssen 2002, p. 5; 
Reemts 2014, pp. 1, 8). Despite the decline of many individual 
colonies, the total known population sizes have steadily increased, due 
to the discovery of previously undetected individuals and colonies.

Summary of Subspecies Requirements

Requirements of Individuals
    Tobusch fishhook cactus plants occur in patches of very shallow, 
rocky soil overlying limestone. The immediate vicinity of plants is 
sparsely vegetated with small bunch grasses and forbs and there is 
little or no woody plant cover. Individuals require an estimated 9 
years to reach a reproductive size of about 2 centimeters (0.8 inches) 
in diameter. Reproduction is primarily by out-crossing between 
unrelated individuals, and the known pollinators include honey bees and 
halictid bees. Out-crossing requires genetically diverse cactus 
populations within the foraging range of pollinators, and is less 
likely to occur in small, isolated populations. Healthy pollinator 
populations, in turn, require intact, diverse, native plant 
communities. Halictid bees are frequent natural pollinators of the 
Tobusch fishhook cactus. Given their relatively small size, we expect 
the foraging range of these bees to be fairly limited. Therefore, the 
health and diversity of native vegetation within the vicinity of 
Tobusch fishhook cactus plants (a range

[[Page 95935]]

of 50 to 500 meters (m) (164 to 1,640 feet (ft)) may be particularly 
important for successful cactus reproduction. Healthy pollinator 
populations also require the least possible exposure to agricultural 
pesticides within their foraging ranges.
Requirements of Populations
    Population persistence requires stable or increasing demographic 
trends. Although some Tobusch fishhook cactus individuals live for 
decades, annual mortality rates are often greater than 20 percent, and 
relatively few individuals live long enough to reproduce. Mortality 
within monitored colonies often exceeds recruitment, and some colonies 
have died out. Nevertheless, even where individual colonies have 
collapsed, the total documented population sizes at many protected 
natural areas are stable or increasing, due to discoveries of new 
individuals and colonies. Therefore, the assessment of demographic 
trends depends on how populations are delineated; we conclude that it 
is more appropriate to track the collective populations of multiple 
colonies that interact on a landscape scale (i.e., meta-populations). 
Meta-population persistence requires recruitment of new colonies, and/
or reestablishment at sites of former colonies that previously 
collapsed. A major cause of mortality is infestation by insect larvae, 
mainly by an undescribed species of Gerstaeckeria (cactus weevil), and 
one or more species of cactus longhorn beetles (Moneilema spp.). The 
adults of these parasites are flightless, so their dispersal to new 
colonies is likely to be very limited. When individual colonies of the 
cactus die off, the parasites also die off, rendering those patches of 
suitable habitat available for cactus re-colonization. Hence, these 
periodic infestations of parasite larvae greatly influence the 
population dynamics of the Tobusch fishhook cactus. The distance 
between colonies has two opposing effects on their persistence. Greater 
distance reduces susceptibility to parasite infestation, but also 
reduces the amount of gene flow, by means of pollinators vectoring 
pollen, or through seed dispersal, between colonies. Thus, the 
persistence of entire meta-populations would require fairly large 
landscapes where discontinuous patches of suitable habitat are 
distributed and populated at a density just low enough to hold the 
parasites at bay, but just high enough for halictid bees and other 
pollinators and seed dispersers to vector genes between them.
    One measure of population resilience is minimum viable population 
(MVP), which is an estimate of the minimum population size that has a 
high probability of enduring a specified period of time. Poole and 
Birnbaum (2003, p. 1) estimated an MVP of 1,200 individuals for the 
Tobusch fishhook cactus, using a surrogate species approach (Pavlik 
1996, pp. 136-137). For the reasons explained above, MVP levels are 
more appropriately applied to meta-populations rather than individual 
colonies of this cactus.
    The degree of genetic diversity within Tobusch fishhook cactus 
populations is important for several reasons. First, diversity within 
populations should confer greater resistance to pathogens and 
parasites, and greater adaptability to environmental stochasticity 
(random variations, such as annual rainfall and temperature patterns) 
and climate changes. Second, low genetic diversity within interbreeding 
populations leads to a higher incidence of inbreeding, and potentially 
to inbreeding depression. Finally, the breeding system of the Tobusch 
fishhook cactus is primarily out-crossing, so populations with too 
little genetic diversity would produce fewer progeny.
    Fire, whether natural or prescribed, appears to have little effect 
on individual Tobusch fishhook cactus plants. This is because the 
plants occur where vegetation is very sparse, and the plants protrude 
very little above the ground and are protected by surrounding rocks 
from the heat of vegetation burning nearby. On the other hand, periodic 
fire is likely to be necessary for population persistence to reduce 
juniper encroachment into suitable habitats. Furthermore, the diverse 
shrub and forb vegetation that sustains healthy pollinator populations 
is maintained by periodic wildfire; without fire, dense juniper groves 
frequently displace these shrubs and forbs. Hence, if the native plant 
diversity of entire landscapes surrounding Tobusch fishhook cactus 
populations succumbs to juniper encroachment, pollinator populations 
will likely decline, and reproduction of the Tobusch fishhook cactus 
and gene flow between its colonies may be reduced.
Subspecies Requirements
    In addition to population resilience (described above under 
``Requirements of Individuals'' and ``Requirements of Populations''), 
we assess the subspecies' viability in terms of its redundancy and 
representation.
    Given that insect parasites are able to devastate large, dense 
populations, a few large populations are much more vulnerable than many 
small populations. The resilience of the Tobusch fishhook cactus 
derives not merely from the size of meta-populations, but also their 
density. Meta-populations with a low density of colonies may incur loss 
of genetic diversity and increased potential for inbreeding. 
Conversely, vulnerability to insect parasitism increases when meta-
populations become too dense, or when individual colonies become too 
large. Assessments of resilience (meta-population size and 
demographics) and redundancy (number of meta-populations within 
representative areas) depend on how meta-populations are delineated. We 
believe that there must be some optimal range of meta-population 
density, i.e. the distance between meta-populations, and of colony 
size, although we do not currently know what those are.
    Representation reflects the genetic diversity, both within and 
among populations, necessary to conserve long-term adaptive capability 
(Shaffer and Stein 2000, pp. 307-308). Genetic diversity within a 
population can be measured by the numbers of variant forms of genes 
represented in that population. One measure of this within-population 
genetic diversity is called heterozygosity; possible values range from 
0 (all members of a population are genetically identical for specified 
genes) to 1.0 (all members of a population a genetically different). 
Another useful measure is the inbreeding coefficient (FIS), 
which ranges from -1 (all members of the population are heterozygous, 
containing two forms of specific genes, and there is no evidence of 
inbreeding) to 1.0 (all members are homozygous, containing only one 
form of specific genes, and inbred). Although there are no 
heterozygosity levels or inbreeding coefficients that are considered 
healthy for all species, we may assess the genetic health of the 
Tobusch fishhook cactus by comparison to the observed values of 
reference species, such as other cactus species with similar life 
histories that are abundant and widespread (Rayamajhi 2015, pp. 56, 63; 
Schwabe et al. 2015, pp. 449, 454-455). The array of different 
environments in which a species occurs, such as the riparian and upland 
sites where Tobusch fishhook cactus is found, can also be used as a 
proxy measure for genetic diversity and therefore representation 
(Shafer and Stein 2000, p. 308).

Review of the Recovery Plan

    Section 4(f) of the Act directs us to develop and implement 
recovery plans for the conservation and survival of endangered and 
threatened species

[[Page 95936]]

unless we determine that such a plan will not promote the conservation 
of the species. Recovery plans identify site-specific management 
actions that will achieve recovery of the species, measurable criteria 
that set a trigger for review of the species' status, and methods for 
monitoring recovery progress.
    Recovery plans are not regulatory documents; instead they are 
intended to establish goals for long-term conservation of listed 
species and define criteria that are designed to indicate when the 
threats facing a species have been removed or reduced to such an extent 
that the species may no longer need the protections of the Act, as well 
as actions that may be employed to achieve reaching the criteria. There 
are many paths to accomplishing recovery of a species, and recovery may 
be achieved without all criteria being fully met or all actions fully 
implemented. Recovery of a species is a dynamic process requiring 
adaptive management that may, or may not, fully follow the guidance 
provided in a recovery plan.
    The Tobusch fishhook cactus recovery plan was approved by the 
Service on March 18, 1987 (Service 1987). Delisting criteria were not 
established in the recovery plan. However, the recovery plan 
established a criterion of 3,000 individuals in each of four safe sites 
for reclassification from endangered to threatened.
    We now understand that insect parasites are able to devastate 
large, dense populations and we conclude that a few large populations 
are much more vulnerable than many small populations; therefore, this 
recovery criterion should be amended. Currently, many small populations 
exist, and surveyors have documented 3,395 Tobusch fishhook cactus 
individuals at 105 element occurrences (EOs) in 8 counties of the 
Edwards Plateau, including 12 sites managed either by the state or 
conservation organizations, where monitored populations ranged from 34 
to 1,090 individuals.

Summary of Factors Affecting the Subspecies

    Section 4 of the Act and its implementing regulations (50 CFR part 
424) set forth the procedures for listing species, reclassifying 
species, or removing species from listed status. A species may be 
determined to be an endangered or threatened species due to one or more 
of the five listing factors described in section 4(a)(1) of the Act: 
(A) The present or threatened destruction, modification, or curtailment 
of its habitat or range; (B) overutilization for commercial, 
recreational, scientific, or educational purposes; (C) disease or 
predation; (D) the inadequacy of existing regulatory mechanisms; or (E) 
other natural or manmade factors affecting its continued existence. A 
species may be reclassified or delisted on the same basis. 
Consideration of these factors was incorporated into the Tobusch 
fishhook cactus SSA (Service 2016; available at http://www.regulations.gov under Docket No. FWS-R2-ES-2016-0130) and projected 
in future scenarios to evaluate viability of the Tobusch fishhook 
cactus. The effects of conservation measures were also assessed as part 
of the current condition of the Tobusch fishhook cactus in the SSA 
Report, and those effects were projected in future scenarios.

Land Use Changes (Factor A)

    Relatively little urban and industrial development is occurring 
within the semi-arid, sparsely populated eight-county known range of 
the Tobusch fishhook cactus. However, a significant ongoing trend 
throughout the subspecies' range is the subdivision of large ranches 
leading to a proliferation of roads, fences, power lines, and 
residential development, all of which contribute incrementally to 
habitat loss and fragmentation.
    The predominant, historic land use throughout the Edwards Plateau 
has been livestock grazing. In many cases, poor rangeland management 
during the last century has caused the depletion of herbaceous 
vegetation, cessation of the natural wildfire cycle, proliferation of 
dense juniper stands, soil erosion, and reduced infiltration and 
storage of rainwater in the soil profile; all of these changes are 
likely to have harmed Tobusch fishhook cactus populations. The change 
to a primarily recreational land use often entails continued grazing, 
but at a sustainable stocking density.
    Prescribed burning may be one of the most important vegetation 
management tools for sustaining Tobusch fishhook cactus populations 
because it reduces woody vegetation encroachment. However, the 
proliferation of residential development within the species' habitat 
makes this tool more challenging for natural resource managers to use.

Changes in Vegetation and Wildfire Frequency (Factor A)

    Bray (1904, pp. 14-15, 23-24) documented the rapid transition of 
grasslands to woodlands in the Edwards Plateau occurring more than a 
century ago; he attributed this change to overgrazing, the depletion of 
grasses, and the cessation of wildfires. Fonteyn et al. (1988, p. 79) 
state that savannas covered portions of the pre-settlement Edwards 
Plateau, and since 1850 were transformed to shrubland or woodland 
``primarily by suppression of recurring natural and anthropogenic fires 
and the introduction of livestock.'' They list the fire-sensitive Ashe 
juniper (Juniperus ashei) as the most successful of many woody plants 
that have invaded grasslands. Reemts (2014 p. 1) lists the encroachment 
of woody plants into the rocky, open habitat as one of several 
remaining habitat-related threats that endanger the Tobusch fishhook 
cactus.

Livestock Grazing (Factor A)

    The recovery plan stated, ``Ancistrocactus tobuschii plants have 
been observed that were either uprooted or had apical meristem injuries 
from livestock trampling.'' Nevertheless, livestock trampling and 
herbivory have not subsequently been identified as significant causes 
of mortality or damage to Tobusch fishhook cactus plants. Their 
recurved spines and small size probably protect Tobusch fishhook cactus 
plants from livestock herbivory. Livestock are not attracted to the 
sparsely vegetated outcrops where Tobusch fishhook cactus plants 
typically occur, and the plants are often nestled among larger rocks. 
While livestock trampling probably occurs in grazed habitats, we have 
no evidence that it represents a significant threat to the subspecies. 
A number of healthy Tobusch fishhook cactus populations occur on well-
managed rangeland. We conclude that properly managed livestock grazing, 
especially where juniper thinning and prescribed burning are used to 
manage rangeland, is generally compatible with conservation of this 
cactus.

Illegal Collection (Factor B)

    Many rare cactus populations have been depleted by overzealous 
collectors. The recovery plan lists illegal collection as a threat to 
the subspecies. Westlund (1991, pp. 2, 35, 39) found six specimens of 
Tobusch fishhook cactus, grown legally from seed, for sale in 
commercial nurseries. Poole and Janssen (2002, p. 9) noted that one 
population of the Tobusch fishhook cactus was heavily depleted by 
collection, but concluded that ``collection is not currently perceived 
to be a grave threat.'' Although illegal collection has not 
significantly impacted the subspecies, the wild populations openly 
accessed by the public remain vulnerable. The potential threat of 
illegal collection might be diminished if seeds and plants of legally 
propagated Tobusch fishhook cacti

[[Page 95937]]

become easier and less expensive to obtain than wild-dug specimens.

Parasites (Factor C)

    The Tobusch fishhook cactus weevil (Gerstaeckeria spp.) and cactus 
longhorn beetle (Moneilema spp.) parasitize and kill Tobusch fishhook 
cactus plants and have contributed significantly to drastic declines in 
many of the known populations (Calvert 2003, entire).
    Periodic outbreaks of insect parasitism appear to be an unavoidable 
natural cycle. For this reason, large cactus populations could 
eventually host very large parasite populations, leading to their 
collapse. The most appropriate conservation strategy may be to protect 
larger numbers of small, widely spaced meta-populations, rather than 
fewer large populations that are more vulnerable to parasites.

Other Herbivory (Factor C)

    Poole and Birnbaum (2003, pp. 11-12) report that jackrabbits browse 
the cactus, but in most sites cause less than 2 percent mortality. If 
the root systems are not too badly damaged, they may regenerate one or 
more new stems. Feral hogs have uprooted plants in many sites (also 
observed by Reemts (2015, p. 1)). An unidentified ant species has also 
caused 1 percent mortality at some sites by creating mounds on top of 
the stems. With the exception of feral hogs, herbivory does not appear 
to be a significant cause of mortality or damage to Tobusch fishhook 
cactus plants.

Inadequacy of Existing Regulatory Mechanisms (Factor D)

    Federally listed plants occurring on private lands have limited 
protection under the Act, unless also protected by state laws; the 
State of Texas also provides very little protection to listed plant 
species on private lands. Approximately 95 percent of Texas land area 
is privately owned. It is reasonable to assume that the vast majority 
of existing Tobusch fishhook cactus habitat, including sites that have 
not been documented, occurs on private land. Therefore, most of the 
subspecies' populations and habitats are not subject to Federal or 
state protection unless there is a Federal nexus, such as provisions of 
the Clean Water Act (33 U.S.C. 1251 et seq.) or a federally funded 
project.

Demographic Consequences of Small Population Size and Density (Factor 
E)

    Poole and Birnbaum (2003, p. 1) estimated an MVP of 1,200 
individuals (Service 2016, section II.7.5, available at http://www.regulations.gov under Docket No. FWS-R2-ES-2016-0130). For Tobusch 
fishhook cactus, MVP levels are more appropriately applied to meta-
populations rather than individual colonies. Small populations are less 
able to recover from losses caused by random environmental changes 
(Shaffer and Stein 2000, pp. 308-310), such as fluctuations in 
recruitment (demographic stochasticity), variations in rainfall 
(environmental stochasticity), or changes in the frequency of 
wildfires. The Tobusch fishhook cactus has a predominantly out-crossing 
breeding system. The probability of successful fertilization between 
unrelated individuals is reduced in small, isolated populations. The 
remaining plants would produce fewer viable seeds, further reducing 
population recruitment and engendering a downward spiral toward 
extirpation. The demographic consequences of small population size are 
compounded by genetic consequences (discussed below), because reduced 
out-crossing corresponds to increased inbreeding. In addition to 
population size, it is likely that population density within meta-
populations also influences population viability; density must be high 
enough for gene flow within meta-populations, but low enough to 
minimize parasite infestations.

Genetic Consequences of Small Population Sizes (Factor E)

    Small, reproductively isolated populations are susceptible to the 
loss of genetic diversity, to genetic drift, and to inbreeding. The 
loss of genetic diversity may reduce the ability of a species or 
population to resist pathogens and parasites, to adapt to changing 
environmental conditions, or to colonize new habitats. Conversely, 
populations that pass through a ``genetic bottleneck'', i.e. a time of 
significant loss of genetic diversity, may subsequently benefit through 
the elimination of harmful alleles, or the variant forms of a given 
gene. Nevertheless, the net result of loss of the genetic diversity is 
likely to be a loss of fitness and lower chance of survival of 
populations and of the subspecies.
    Genetic drift is a change in the frequencies of alleles in a 
population over time. Genetic drift can arise from random differences 
in founder populations, i.e. new populations originally established by 
a very small number of individuals, and the random loss of rare alleles 
in small, isolated populations. Genetic drift may have a neutral effect 
on fitness, or contribution to the gene pool, in larger populations, 
but may cause the loss of genetic diversity in small populations. 
Genetic drift may also result in the adaptation of an isolated 
population to the climates and soils of specific sites, leading to the 
development of distinct genotypes that are specifically adapted to a 
particular ecological area and to speciation, or the evolution of new 
species. For example, the genetic divergence of Sclerocactus 
brevihamatus ssp. brevihamatus and S. brevihamatus ssp. tobuschii 
(Rayamajhi 2015, pp. 67, 98; Service 2016, pp. 6-7, available at http://www.regulations.gov under Docket No. FWS-R2-ES-2016-0130) may have 
resulted when populations of the species brevihamatus migrated into 
separate geographic regions, and once separated, each population 
adapted to different soils, climate, and pollinator species.
    Inbreeding depression is the loss of fitness among offspring of 
closely related individuals. While most animal species are susceptible 
to inbreeding depression, plant species vary greatly in response to 
inbreeding. Levels of inbreeding can be measured with the inbreeding 
coefficient (FIS), which ranges from -1 (all members of the 
population are heterozygous for specific genes and there is no evidence 
of inbreeding) to 1.0 (all members are homozygous and inbred). 
Rayamajhi (2015, pp. 63-64) found relatively high inbreeding 
coefficients in three of eight populations, which he attributed to 
mating of close relatives within small, isolated populations. 
Nevertheless, we do not know to what extent inbreeding has reduced 
fitness of these populations.

Land Ownership (Factor E)

    A large portion of the known individuals and populations of the 
Tobusch fishhook cactus occurs on privately owned land. This does not 
constitute a direct threat to the subspecies, and many landowners have 
demonstrated interest and enthusiasm for its conservation. However, 
private ownership makes conservation more challenging for several 
reasons. Access to populations and habitats is subject to the interests 
of hundreds of individual landowners. Consequently, our knowledge of 
the subspecies' actual status is far from complete. Establishing and 
maintaining cooperative relationships with large numbers of private 
landowners is time-consuming, and these important relationships may 
lapse when personnel of conservation organizations retire or pursue 
other career choices. The ownership of private lands changes hands over 
time, and future owners may choose not to continue conservation efforts 
that were supported by previous owners. Hence, it

[[Page 95938]]

is difficult to assure permanent conservation on private lands. These 
challenges underscore the importance of effective landowner outreach in 
the conservation of the Tobusch fishhook cactus.

Climate Change (Factor E)

    The Fifth Assessment Report of the Intergovernmental Panel on 
Climate Change (IPCC) (IPCC 2013, p. 23) projects the following changes 
by the end of the 21st century, relative to the 1986 to 2005 averages: 
It is virtually certain that most land areas will experience warmer 
and/or fewer cold days and nights; it is virtually certain that most 
land areas will experience warmer and/or more frequent hot days and 
nights; it is very likely that the frequency and/or duration of warm 
spells and heat waves will increase in most land areas; it is very 
likely that the frequency, intensity, and/or amount of heavy 
precipitation will increase in mid-latitude land masses; it is likely 
that the intensity and/or duration of droughts will increase on a 
regional to global scale. The magnitude of projected changes varies 
widely, depending on which scenario of future greenhouse gas emissions 
is used.
    To evaluate how the climate of Tobusch fishhook cactus habitats may 
change, we used the National Climate Change Viewer (U.S. Geological 
Survey 2015) to compare past and projected future climate conditions 
for Edwards County, Texas. The baseline for comparison was the observed 
mean values from 1950 through 2005, and 30 climate models were used to 
project future conditions for 2050 through 2074. We selected the 
climate parameters of August maximum temperature, January minimum 
temperature, annual mean precipitation, and annual mean evaporative 
deficit. These particular parameters were selected from those available 
because they represented those most likely to impact the survival of 
individuals. The highest temperature of the year (August maximum 
temperature) could potentially affect individuals by exacerbating the 
effects of drought and the lowest temperatures of the year (January 
minimum temperature) could expose individuals to freezing temperatures. 
The annual mean precipitation and evaporative deficit provide measures 
of drought that could negatively affect individuals. The results are 
described in detail in the SSA Report (Service 2016, available at 
http://www.regulations.gov under Docket No. FWS-R2-ES-2016-0130), but 
generally, these models project that plant growth and survival in 
Edwards County will become more moisture-limited, although the degree 
of change varies under different scenarios.
    Nevertheless, we do not know how the Tobusch fishhook cactus 
responded to prior climate changes, nor can we determine how these 
projected climate changes will affect the Tobusch fishhook cactus and 
its habitat. Warmer winters could extend the growing season and improve 
reproduction and survival of the Tobusch fishhook cactus, but might 
also increase survival of parasite larvae. Heavier, less frequent 
rainfall could reduce establishment of Tobusch fishhook cactus 
seedlings, but perhaps less so than the bunch grasses with which it 
competes. Zaya et al. (2014, pp. 37-38) projected that climate changes 
will be detrimental to 4 populations, due primarily to lower survival 
and reproduction, and beneficial to 6 others, given increased 
individual growth rates. Thus, although it is likely that the projected 
climate changes will affect the survival of the Tobusch fishhook cactus 
in infinitely complex ways, we do not currently know what the net 
result of beneficial and detrimental effects will be.

Conservation Efforts

    Support for the recovery of Tobusch fishhook cactus has come from a 
variety of sources. Conservation measures from nine formal 
consultations under section 7 of the Act supported scientific 
investigations, the salvage of individuals that would have been 
destroyed by development, and contributions to the Tobusch Fishhook 
Cactus Conservation Fund (Fund). The Lady Bird Johnson Wildflower 
Center manages the Fund through a memorandum of agreement with the 
Service. The Fund supported three projects that contributed 
significantly to our knowledge of the Tobusch fishhook cactus. These 
three Tobusch fishhook cactus projects included a study on the effects 
of shading by woody shrubs, a conservation genetics study, and 
population viability analyses. Five grants under section 6 of the Act 
have supported scientific investigations and extensive inventory and 
monitoring of the subspecies on state highway rights-of-way, in state 
parks, in wildlife management areas, and in state natural areas. Four 
graduate-level investigations focused on the Tobusch fishhook cactus, 
leading to three Master's theses and a doctoral dissertation, and 
provided information that is essential to the subspecies' conservation 
and recovery.

Current Status

    By 2009, surveyors documented 3,395 Tobusch fishhook cactus 
individuals at 105 E.O.s in 8 counties of the Edwards Plateau. This 
includes 12 sites managed either by the state or conservation 
organizations where monitored populations ranged from 34 to 1,090 
individuals, and totaled 3,139 individuals. Recent surveys found 660 
new Tobusch fishhook cactus individuals that probably represent many 
new E.O.s, bringing the total documented number of individuals (based 
on the most recent surveys) to over 4,000.
    We developed a model of potential habitat based on the soil types 
and watersheds of documented populations. This model predicts that over 
2 million hectares (ha) (5 million acres (ac)) of potential habitat 
occurs in the eight counties of the cactus' currently known range, as 
well as in some adjacent counties (mainly Crockett and Sutton 
Counties). However, we have no records of the Tobusch fishhook cactus 
occurring in any of these adjacent counties, nor have any surveys for 
the subspecies been conducted there, to our knowledge. Within these 
areas of potential habitat, only a small fraction of the total area 
contains suitable habitat, consisting of discontinuous, open areas on 
or near exposed limestone strata. Based on 25 surveys widely 
distributed across the subspecies range, we calculated an average 
density across the range of the species. That average density was 
applied to the amount of suitable habitat and used to calculate an 
estimate of the global population. We estimate that the global 
population is about 480,000 individuals (Service 2016, Appendix B, 
available at http://www.regulations.gov under Docket No. FWS-R2-ES-
2016-0130).
    From 1991 through 2013, many individual colonies of the Tobusch 
fishhook cactus declined and some have died out completely. A principle 
cause of colony decline is parasitism by the larvae of flightless 
insects, including an undescribed species of Gerstaeckeria (a cactus 
weevil) and one or more species of Moneilema (cactus longhorn beetles). 
At the same time, total populations in monitored sites (consisting of 
multiple colonies; meta-populations) have remained steady or have 
increased, due to the discovery of new colonies or re-colonization of 
formerly depleted colonies. We believe that the Tobusch fishhook cactus 
co-evolved with these parasitic organisms, and that they are important 
drivers of its population dynamics. Large, dense cactus populations 
become susceptible to larval parasitism and decline until parasite 
populations cannot be sustained. Meta-populations, consisting of 
multiple, widely-dispersed colonies, appear to be stable; however, we 
do not

[[Page 95939]]

know what the long-term demographic trends are at the meta-population 
or subspecies level.
    The expected heterozygosity (He) and observed 
heterozygosity (Ho) are useful measures of within-population 
genetic diversity; possible values range from 0 (all members of a 
population are genetically identical for specified genes) to 1.0 (all 
members of a population are genetically different). Rayamajhi (2015, 
pp. 57-61, 64, 97) determined that the mean He for nine 
populations of Sclerocactus brevihamatus ssp. tobuschii was 0.59, and 
the mean Ho was 0.37. Through comparison to columnar cactus 
species that are endemic or have limited geographic distribution, he 
concluded that, for S. brevihamatus ssp. tobuschii, He was 
moderately high, and Ho was moderate which suggest there is 
sufficient genetic diversity to conserve long-term adaptive capability.
    Another useful measure is the inbreeding coefficient 
(FIS), which ranges from -1 (all members of the population 
are heterozygous for specific genes and there is no evidence of 
inbreeding) to 1.0 (all members are homozygous and inbred). For 
Sclerocactus brevihamatus ssp. tobuschii, the mean FIS was 
0.38 (range of 0.15 to 0.63) (Rayamajhi 2015). While most populations 
had an apparently healthy degree of out-crossing, three populations of 
S. brevihamatus ssp. tobuschii were at relatively higher risk of 
inbreeding effects and may have suffered recent genetic bottlenecks 
through population declines. The higher level of inbreeding in these 
populations may be due to small, isolated populations; mating of close 
relatives within populations; the limited range of seed dispersal; and 
the limited range and foraging behavior of a primary pollinator, 
halictid bees.
    There were relatively few genetic differences between the nine 
Tobusch fishhook cactus populations in Rayamajhi's study (2015), 
regardless of the distance between populations. This evidence supports 
a hypothesis that gene flow has occurred throughout the subspecies' 
range, at least until recently; however, recently isolated populations 
may not yet show genetic differentiation, in part because individuals 
can live and contribute to the local gene pool at least for several 
decades.

Assessment of Current and Future Viability

    We estimate that about 480,000 individuals of Tobusch fishhook 
cactus are distributed at low density over an area of more than 2 
million ha (5 million ac). Thus, it is likely that the Tobusch fishhook 
cactus has multiple, resilient populations. Although many individual 
colonies have declined, meta-population levels of monitored areas 
appear stable; however, we have very little data on meta-population 
trends over the subspecies' entire range. Genetic data from wild 
populations indicate that most populations, and the subspecies as a 
whole, currently possess sufficient genetic diversity to conserve long-
term adaptive capability. Nevertheless, some small, isolated 
populations have higher levels of inbreeding, and may as a consequence 
suffer reduced fitness and reproduction. There is relatively little 
genetic diversity between populations, which is evidence that gene flow 
has occurred fairly recently between populations. Considering the 
naturally low densities of Tobusch fishhook cactus populations, gene 
flow among them may be easily disrupted.
    Demographic population viability analyses (PVA) of monitoring plot 
data predicted stable or increasing trends for two or three 
populations, moderate declines for two populations, and large to 
precipitous declines in five populations over the next 50 years (Zaya 
et al. 2014, pp. 29-42). When expected climate changes were included in 
these analyses, four populations responded negatively to climate 
changes, and six populations responded positively (compared to PVA 
without climate changes). These findings predict an overall decline in 
subspecies viability over the 50 year time frame. However, we do not 
know how well these analyses project the demographic trends of meta-
populations distributed over larger landscapes.
    We project what the viability of the Tobusch fishhook cactus could 
be, between 2050 and 2074, under three scenarios. We considered how 
conservation support, the subspecies' geographic range, habitat 
management, population management, and climate changes may contribute 
to these scenarios. The first scenario represents improvements over 
current conditions. The second scenario represents the most likely 
conditions if current trends continue. The third scenario represents 
deteriorating conditions. We conclude that under the most likely 
scenario, the subspecies remains viable but requires continued 
conservation, management, and protection.

Finding and Proposed Determination

    We have carefully assessed the best scientific and commercial 
information available regarding the past, present, and future threats 
to the Tobusch fishhook cactus. The Tobusch fishhook cactus was listed 
as endangered in 1979, due to: Few known populations, habitat 
destruction, and altered stream flows (Factor A); illegal collection 
(Factor B); and very limited geographic range, small population sizes, 
restricted gene pool, and lack of reproduction (Factor E). We now know 
there are many more populations over a much wider area; about 4,000 
individuals have been documented at more than 105 EOs. These data allow 
us to estimate that the total population size is about 480,000 
individuals distributed at low density over about 2 million ha (5 
million ac). Most habitats are relatively secure, given that they are 
in remote, rocky areas that are unsuitable for growing crops. However, 
the great majority is on private lands that are becoming increasingly 
fragmented and may be subject to destruction or modification. Many of 
the known populations are small and isolated, and the monitored 
portions of numerous populations have declined. Demographic population 
viability analyses predict an overall future decline in subspecies' 
viability. However, we do not know how well these analyses project the 
demographic trends of meta-populations distributed over larger 
landscapes. We know that insect parasites are a major cause of 
mortality, and may naturally reduce populations to low densities. Many 
populations have sufficient genetic diversity to confer long-term 
adaptive capability, but some small, isolated populations have higher 
levels of inbreeding and may be affected by reduced fitness and 
reproduction. It is likely that projected climate changes will affect 
the Tobusch fishhook cactus, but we do not currently know whether this 
will have a net positive or negative effect on its viability.
    We have determined that the Tobusch fishhook cactus' current 
viability is higher than was known at the time of listing. Based on the 
analysis in the SSA, and summarized above, we believe that the Tobusch 
fishhook cactus does not meet the definition of endangered under the 
Act. However, due to continued threats from the demographic and genetic 
consequences of small population sizes and geographic isolation, insect 
parasitism, feral hog depredation, and changes in the wildfire cycle 
and vegetation, as well as unknown long-term effects of land use 
changes and climate changes, we find that the Tobusch fishhook cactus 
is likely to become an endangered species within the foreseeable future 
throughout all of its range. Because we have found that the Tobusch 
fishhook cactus

[[Page 95940]]

(Sclerocactus brevihamatus ssp. tobuschii; currently listed as 
Ancistrocactus tobuschii) meets the definition of threatened under the 
Act, we propose to reclassify it from endangered to threatened on the 
Federal List of Endangered and Threatened Plants (List).

Significant Portion of the Range Analysis

    Under the Act and our implementing regulations, a species may 
warrant listing if it is in danger of extinction or likely to become so 
throughout all or a significant portion of its range. We published a 
final policy interpreting the phrase ``significant portion of its 
range'' (SPR) (79 FR 37578; July 1, 2014). The final policy states 
that: (1) If a species is found to be endangered or threatened 
throughout a significant portion of its range, the entire species is 
listed as endangered or threatened, respectively, and the Act's 
protections apply to all individuals of the species wherever found; (2) 
a portion of the range of a species is ``significant'' if the species 
is not currently endangered or threatened throughout all of its range, 
but the portion's contribution to the viability of the species is so 
important that, without the members in that portion, the species would 
be in danger of extinction, or likely to become so in the foreseeable 
future, throughout all of its range; (3) the range of a species is 
considered to be the general geographical area within which that 
species can be found at the time the Service makes any particular 
status determination; and (4) if a vertebrate species is endangered or 
threatened throughout a significant portion of its range, and the 
population in that significant portion is a valid distinct population 
segment (DPS), we will list the DPS rather than the entire taxonomic 
species or subspecies. Because we have determined that the Tobusch 
fishhook cactus is threatened throughout all of its range, no portion 
of its range can be ``significant'' for the purposes of the definitions 
of ``endangered species'' and ``threatened species.''

Conclusion

    Using the best available scientific information, we have determined 
that the Tobusch fishhook cactus is not currently in danger of 
extinction throughout all or a significant portion of its range, but is 
likely to become endangered within the foreseeable future throughout 
all of its range. In accordance with 50 CFR 424.11(c), we therefore 
propose to reclassify the Tobusch fishhook cactus as threatened on the 
Federal List of Endangered and Threatened Plants at 50 CFR 17.12(h).

Effects of the Rule

    This proposal, if made final, would revise 50 CFR 17.12(h) to 
reclassify the Tobusch fishhook cactus as threatened on the Federal 
List of Endangered and Threatened Plants. There is no critical habitat 
designated for this subspecies; therefore, this proposed rule would not 
affect 50 CFR 17.96.

Required Determinations

Clarity of the Rule

    We are required by Executive Orders 12866 and 12988 and by the 
Presidential Memorandum of June 1, 1998, to write all rules in plain 
language. This means that each rule we publish must:
    (1) Be logically organized;
    (2) Use the active voice to address readers directly;
    (3) Use clear language rather than jargon;
    (4) Be divided into short sections and sentences; and
    (5) Use lists and tables wherever possible.
    If you feel that we have not met these requirements, send us 
comments by one of the methods listed in ADDRESSES. To better help us 
revise the rule, your comments should be as specific as possible. For 
example, you should tell us the numbers of the sections or paragraphs 
that are unclearly written, which sections or sentences are too long, 
the sections where you feel lists or tables would be useful, etc.

National Environmental Policy Act

    We have determined that environmental assessments and environmental 
impact statements, as defined under the authority of the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), need not be 
prepared in connection with regulations pursuant to section 4(a) of the 
Act. We published a notice outlining our reasons for this determination 
in the Federal Register on October 25, 1983 (48 FR 49244).

References Cited

    A complete list of all references cited in this proposed rule is 
available at http://www.regulations.gov at Docket No. FWS-R2-ES-2016-
0130, or upon request from the Austin Ecological Services Field Office 
(see FOR FURTHER INFORMATION CONTACT).

Authors

    The primary authors of this proposed rule are staff members of the 
Service's Austin Ecological Services Field Office (see FOR FURTHER 
INFORMATION CONTACT).

List of Subjects in 50 CFR Part 17

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

Proposed Regulation Promulgation

    Accordingly, we propose to amend part 17, subchapter B of chapter 
I, title 50 of the Code of Federal Regulations, as set forth below:

PART 17--ENDANGERED AND THREATENED WILDLIFE AND PLANTS

0
1. The authority citation for part 17 continues to read as follows:

    Authority: 16 U.S.C. 1361-1407; 1531-1544; and 4201-4245, unless 
otherwise noted.

0
2. Amend Sec.  17.12(h), the List of Endangered and Threatened Plants, 
under FLOWERING PLANTS by:
0
a. Removing the entry for ``Ancistrocactus tobuschii''; and
0
b. Adding, in alphabetical order, an entry for ``Sclerocactus 
brevihamatus ssp. tobuschii'' to read as follows:


Sec.  17.12  Endangered and threatened plants.

* * * * *
    (h) * * *

[[Page 95941]]



----------------------------------------------------------------------------------------------------------------
                                                                                           Listing citations and
     Scientific name            Common name            Where listed           Status         applicable rules
----------------------------------------------------------------------------------------------------------------
FLOWERING PLANTS
 
                                                  * * * * * * *
Sclerocactus              Tobusch fishhook        Wherever found........               T  44 FR 64736; 11/7/
 brevihamatus ssp.         cactus.                                                         1979, [Federal
 tobuschii                                                                                 Register citation of
                                                                                           the final rule].
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------


    Dated: December 15, 2016.
Stephen Guertin,
Acting Director, U.S. Fish and Wildlife Service.
[FR Doc. 2016-31296 Filed 12-28-16; 8:45 am]
BILLING CODE 4333-15-P



                                                      95932               Federal Register / Vol. 81, No. 250 / Thursday, December 29, 2016 / Proposed Rules

                                                      plant occurs on the date on which all                   shown in FOR FURTHER INFORMATION                      additional information we receive. Such
                                                      Federal, state, local, and contractual                  CONTACT    by February 13, 2017.                      communications may lead to a final rule
                                                      decommissioning requirements are fully                  ADDRESSES: Written comments: You may                  that differs from this proposal. All
                                                      satisfied (the substantial completion                   submit comments by one of the                         comments, including commenters’
                                                      date). Except as otherwise provided in                  following methods:                                    names and addresses, if provided to us,
                                                      paragraph (d)(3)(ii) of this section, the                 (1) Electronically: Go to the Federal               will become part of the supporting
                                                      substantial completion date is also the                 eRulemaking Portal: http://                           record.
                                                      termination date.                                       www.regulations.gov. In the Search box,                  We are specifically requesting
                                                      *     *     *     *     *                               enter FWS–R2–ES–2016–0130, which is                   comments on:
                                                                                                              the docket number for this rulemaking.                   (1) New information on the historical
                                                      John Dalrymple,                                         Then, click on the Search button. On the              and current status, range, distribution,
                                                      Deputy Commissioner for Services and                    resulting page, in the Search panel on                and population size of the Tobusch
                                                      Enforcement.                                            the left side of the screen, under the                fishhook cactus, including the locations
                                                      [FR Doc. 2016–31205 Filed 12–28–16; 8:45 am]            Document Type heading, click on the                   of any additional populations.
                                                      BILLING CODE 4830–01–P                                  Proposed Rules link to locate this                       (2) New information on the known
                                                                                                              document. You may submit a comment                    and potential threats to the Tobusch
                                                                                                              by clicking on ‘‘Comment Now!’’                       fishhook cactus.
                                                      DEPARTMENT OF THE INTERIOR                                (2) By hard copy: Submit by U.S. mail                  (3) New information regarding the life
                                                                                                              or hand-delivery to: Public Comments                  history, ecology, and habitat use of the
                                                      Fish and Wildlife Service                               Processing, Attn: FWS–R2–ES–2016–                     Tobusch fishhook cactus.
                                                                                                              0130, U.S. Fish and Wildlife Service,                    Please note that submissions merely
                                                      50 CFR Part 17                                          MS: BPHC, 5275 Leesburg Pike, Falls                   stating support for or opposition to the
                                                                                                              Church, VA 22041–3803.                                action under consideration without
                                                      [Docket No. FWS–R2–ES–2016–0130;                                                                              providing supporting information,
                                                      FXES11130900000 178 FF09E42000]                           We request that you send comments
                                                                                                              only by the methods described above.                  although noted, will not be considered
                                                      RIN 1018–BB90                                           We will post all comments on http://                  in making a determination, as section
                                                                                                              www.regulations.gov. This generally                   4(b)(1)(A) of the Act (16 U.S.C. 1531 et
                                                      Endangered and Threatened Wildlife                      means that we will post any personal                  seq.) directs that determinations as to
                                                      and Plants; Reclassifying the Tobusch                   information you provide us (see Public                whether any species is an endangered or
                                                      Fishhook Cactus From Endangered to                      Comments, below, for more                             threatened species must be made
                                                      Threatened on the Federal List of                       information).                                         ‘‘solely on the basis of the best scientific
                                                      Endangered and Threatened Plants                          Copies of Documents: This proposed                  and commercial data available.’’
                                                                                                              rule and supporting documents are                        You may submit your comments and
                                                      AGENCY:   Fish and Wildlife Service,                                                                          materials concerning the proposed rule
                                                      Interior.                                               available on http://www.regulations.gov.
                                                                                                              In addition, the supporting file for this             by one of the methods listed in
                                                      ACTION: Proposed rule and 12-month                                                                            ADDRESSES. Comments must be
                                                                                                              proposed rule will be available for
                                                      petition finding; request for comments.                                                                       submitted to http://www.regulations.gov
                                                                                                              public inspection, by appointment,
                                                                                                              during normal business hours, at the                  before 11:59 p.m. (Eastern Time) on the
                                                      SUMMARY:    Under the authority of the
                                                                                                              Austin Ecological Services Field Office,              date specified in DATES. We will not
                                                      Endangered Species Act of 1973, as
                                                                                                              10711 Burnet Rd., Suite 200, Austin, TX               consider hand-delivered comments that
                                                      amended (Act), we, the U.S. Fish and
                                                                                                              78727; telephone 512–490–0057.                        we do not receive, or mailed comments
                                                      Wildlife Service (Service), propose to
                                                                                                              FOR FURTHER INFORMATION CONTACT:                      that are not postmarked, by the date
                                                      reclassify the Tobusch fishhook cactus
                                                                                                              Adam Zerrenner, Field Supervisor, U.S.                specified in DATES.
                                                      (Sclerocactus brevihamatus ssp.                                                                                  We will post your entire comment—
                                                      tobuschii; currently listed as                          Fish and Wildlife Service, Austin
                                                                                                              Ecological Services Field Office, 10711               including your personal identifying
                                                      Ancistrocactus tobuschii) from                                                                                information—on http://
                                                      endangered to threatened on the Federal                 Burnet Rd., Suite 200, Austin, TX
                                                                                                              78727; telephone 512–490–0057; or                     www.regulations.gov. If you provide
                                                      List of Endangered and Threatened                                                                             personal identifying information in your
                                                      Plants (List). This determination is                    facsimile 512–490–0974. Persons who
                                                                                                              use a telecommunications device for the               comment, you may request at the top of
                                                      based on a thorough review of the best                                                                        your document that we withhold this
                                                      available scientific and commercial                     deaf (TDD) may call the Federal
                                                                                                              Information Relay Service (FIRS) at                   information from public review.
                                                      information, which indicates that the                                                                         However, we cannot guarantee that we
                                                      threats to this plant have been reduced                 800–877–8339.
                                                                                                                                                                    will be able to do so.
                                                      to the point that it no longer meets the                SUPPLEMENTARY INFORMATION:                               Comments and materials we receive,
                                                      definition of endangered under the Act,                                                                       as well as supporting documentation we
                                                                                                              Information Requested
                                                      but may still become endangered within                                                                        used in preparing this proposed rule,
                                                      the foreseeable future. This document                   Public Comments                                       will be available for public inspection
                                                      also serves as the 12-month finding on                    We want any final rule resulting from               on http://www.regulations.gov, or by
                                                      a petition to reclassify this plant from                this proposal to be as effective as                   appointment, during normal business
                                                      endangered to threatened.                               possible. Therefore, we invite tribal and             hours at the U.S. Fish and Wildlife
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS




                                                      DATES: We will accept comments                          governmental agencies, the scientific                 Service, Austin Ecological Services
                                                      received or postmarked on or before                     community, industry, and other                        Field Office (see FOR FURTHER
                                                      February 27, 2017. Please note that if                  interested parties to submit comments                 INFORMATION CONTACT).
                                                      you are using the Federal eRulemaking                   or recommendations concerning any
                                                      Portal (see ADDRESSES), the deadline for                aspect of this proposed rule. Comments                Public Hearing
                                                      submitting an electronic comment is                     should be as specific as possible.                      Section 4(b)(5)(E) of the Act provides
                                                      11:59 p.m. Eastern Time on this date.                     To issue a final rule to implement this             for one or more public hearings on this
                                                      We must receive requests for public                     proposed action, we will take into                    proposed rule, if requested. We must
                                                      hearings, in writing, at the address                    consideration all comments and any                    receive requests for public hearings, in


                                                 VerDate Sep<11>2014   16:34 Dec 28, 2016   Jkt 241001   PO 00000   Frm 00022   Fmt 4702   Sfmt 4702   E:\FR\FM\29DEP1.SGM   29DEP1


                                                                          Federal Register / Vol. 81, No. 250 / Thursday, December 29, 2016 / Proposed Rules                                          95933

                                                      writing, at the address shown in FOR                      • Our proposed rule to reclassify the               habitats, ecology, populations, and
                                                      FURTHER INFORMATION CONTACT by the                      Tobusch fishhook cactus from                          range. The SSA analyzes individual,
                                                      date shown in DATES. We will schedule                   endangered to threatened on the Federal               population, and subspecies
                                                      public hearings on this proposal, if any                List of Endangered and Threatened                     requirements, as well as factors affecting
                                                      are requested, and places of those                      Plants.                                               the subspecies’ survival and its current
                                                      hearings, as well as how to obtain                                                                            conditions, to assess the subspecies’
                                                                                                              Previous Federal Actions
                                                      reasonable accommodations, in the                                                                             current and future viability in terms of
                                                      Federal Register at least 15 days before                   We published a final rule to list the              resilience, redundancy, and
                                                      the first hearing.                                      Tobusch fishhook cactus as an                         representation.
                                                                                                              endangered species under the Act on                      We define viability as the ability of a
                                                      Peer Review                                             November 7, 1979 (44 FR 64736). At                    species to persist and to avoid
                                                         In accordance with our policy,                       that time, we also determined that it                 extinction over the long term. Resilience
                                                      ‘‘Notice of Interagency Cooperative                     was not prudent to designate critical                 refers to the population size and
                                                      Policy for Peer Review in Endangered                    habitat for the subspecies because the                demographic characteristics necessary
                                                      Species Act Activities,’’ which was                     publication of critical habitat maps                  to endure stochastic environmental
                                                      published on July 1, 1994 (59 FR                        could make the species more vulnerable                variation (Shaffer and Stein 2000, pp.
                                                      34270), we are soliciting the expert                    to taking. We issued a recovery plan on               308–310). Resilient populations are
                                                      opinion of at least three appropriate                   March 18, 1987. The recovery plan has                 better able to recover from losses caused
                                                      independent specialists regarding                       not been revised. A status review (‘‘5-               by random variation, such as
                                                      scientific data and interpretations                     year review’’) under section 4(c)(2)(A) of            fluctuations in recruitment
                                                      contained in the Species Status                         the Act was completed for the Tobusch                 (demographic stochasticity), variations
                                                      Assessment Report (SSA Report)                          fishhook cactus on January 5, 2010. The               in rainfall (environmental stochasticity),
                                                      (Service 2016; available at http://                     5-year review recommended that this                   or changes in the frequency of wildfires.
                                                      www.regulations.gov under Docket No.                    plant be reclassified from endangered to              Redundancy refers to the number and
                                                      FWS–R2–ES–2016–0130) supporting                         threatened (Service 2010).                            geographic distribution of populations
                                                      this proposed rule. The purpose of such                    On July 16, 2012, we received a                    or sites necessary to endure catastrophic
                                                      review is to ensure that our decisions                  petition dated July 11, 2012, from The                events (Shaffer and Stein 2000, pp. 308–
                                                      are based on scientifically sound data,                 Pacific Legal Foundation, Jim Chilton,                310). As defined here, catastrophic
                                                      assumptions, and analysis. We will                      the New Mexico Cattle Growers’                        events are rare occurrences, usually of
                                                      incorporate, as appropriate, the                        Association, New Mexico Farm &                        finite duration, that cause severe
                                                      feedback from the peer review of the                    Livestock Bureau, New Mexico Federal                  impacts to one or more populations.
                                                      SSA Report into any final determination                 Lands Council, and Texas Farm Bureau                  Examples of catastrophic events include
                                                      regarding the subspecies.                               requesting, among other things, that the              tropical storms, unusually high or
                                                                                                              Tobusch fishhook cactus be reclassified               prolonged floods, prolonged drought,
                                                      Background                                              as threatened based on the analysis and               and unusually intense wildfire. Species
                                                         Section 4(b)(3)(B) of the Act requires               recommendation contained in the 5-year                that have multiple resilient populations
                                                      that, for any petition to revise the                    review. The Service published a 90-day                distributed over a larger landscape are
                                                      Federal Lists of Endangered and                         finding on September 9, 2013 (78 FR                   more likely to survive catastrophic
                                                      Threatened Wildlife and Plants that                     55046) that the petition contained                    events, since not all populations would
                                                      contains substantial scientific or                      substantial scientific or commercial                  be affected. Representation refers to the
                                                      commercial information that                             information indicating that the                       genetic diversity, both within and
                                                      reclassifying a species may be                          petitioned action may be warranted. On                among populations, necessary to
                                                      warranted, we make a finding within 12                  November 20, 2015, the Service                        conserve long-term adaptive capability
                                                      months of the date of receipt of the                    received a complaint (New Mexico                      (Shaffer and Stein 2000, pp. 307–308).
                                                      petition (‘‘12-month finding’’). In this                Cattle Growers’ Association et al. v.                 Species with greater genetic diversity
                                                      finding, we determine whether the                       United States Department of the Interior              are more able to adapt to environmental
                                                      petitioned action is: (1) Not warranted,                et al., No. 1:15–cv–01065–PJK–LF (D.                  changes and to colonize new sites.
                                                      (2) warranted, or (3) warranted, but                    N.M.)) for declaratory judgment and                      The SSA Report provides the
                                                      immediate proposal of a regulation                      injunctive relief from the New Mexico                 scientific basis that informs our
                                                      implementing the petitioned action is                   Cattle Growers’ Association, Jim                      regulatory determination as to whether
                                                      precluded by other pending proposals to                 Chilton, New Mexico Farm & Livestock                  or not this subspecies should be listed
                                                      determine whether species are                           Bureau, New Mexico Federal Lands                      as an endangered or a threatened
                                                      endangered or threatened, and                           Council, and Texas Farm Bureau to,                    species under the Act. This decision
                                                      expeditious progress is being made to                   among other things, compel the Service                involves the application of standards
                                                      add or remove qualified species from                    to make a 12-month finding on the                     within the Act, the Act’s implementing
                                                      the Federal Lists of Endangered and                     petition. This document serves as our                 regulations, and Service policies (see
                                                      Threatened Wildlife and Plants. We                      12-month warranted finding on the July                Finding and Proposed Determination,
                                                      must publish these 12-month findings                    16, 2012, petition to reclassify the                  below). The following discussion is a
                                                      in the Federal Register. This document                  Tobusch fishhook cactus from                          summary of the results and conclusions
                                                      represents:                                             endangered to threatened.                             from the SSA Report. We are soliciting
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS




                                                         • Our 12-month warranted finding on                                                                        peer review of the draft SSA Report
                                                      a July 16, 2012, petition to reclassify the             Species Status Assessment for Tobusch
                                                                                                                                                                    from three objective and independent
                                                      Tobusch fishhook cactus from                            fishhook cactus.
                                                                                                                                                                    scientific experts.
                                                      endangered to threatened (that is, to                      We prepared a Species Status
                                                      ‘‘downlist’’ this plant);                               Assessment (SSA) for the Tobusch                      Description
                                                         • Our determination that the Tobusch                 fishhook cactus (Service 2016; available                Tobusch fishhook cactus is a rare,
                                                      fishhook cactus no longer meets the                     at http://www.regulations.gov), which                 endemic plant of the Edwards Plateau of
                                                      definition of endangered under the Act;                 includes a thorough review of the                     central Texas. The common and
                                                      and                                                     subspecies’ taxonomy, natural history,                scientific names honor Herman


                                                 VerDate Sep<11>2014   16:34 Dec 28, 2016   Jkt 241001   PO 00000   Frm 00023   Fmt 4702   Sfmt 4702   E:\FR\FM\29DEP1.SGM   29DEP1


                                                      95934               Federal Register / Vol. 81, No. 250 / Thursday, December 29, 2016 / Proposed Rules

                                                      Tobusch, who first collected it in 1951                 Mammals or birds may also accomplish                  referring to a place where the species
                                                      (Marshall 1952, p. 78). In the wild, this               longer distance seed dispersal (Emmett                was found, and ‘‘colony’’, referring to a
                                                      globose or columnar cactus rarely                       1995, pp. 115–116, 126). There is little              cluster of individuals, when we do not
                                                      exceeds 5 centimeters (2 inches) in                     evidence that seeds persist in the soil               know the extent of the local population.
                                                      diameter and in height (Poole and                       (Emmett 1995, pp. 120–122).                              Tobusch fishhook cactus populations
                                                      Janssen 2002, p. 7). As the name                                                                              are now confirmed in eight central
                                                                                                              Habitats
                                                      implies, it is armed with curved                                                                              Texas counties: Bandera, Edwards, Kerr,
                                                      ‘‘fishhook’’ spines.                                       When listed as endangered in 1979,                 Kimble, Kinney, Real, Uvalde, and Val
                                                                                                              fewer than 200 individuals of Tobusch                 Verde. In 2009, the Texas Native
                                                      Classification                                          fishhook cactus were known from 4                     Diversity Database listed 105 element
                                                        The taxonomic classifications of                      riparian sites, 2 of which had been                   occurrences, areas in which the species
                                                      Tobusch fishhook cactus include several                 destroyed by floods (44 FR 64736,                     was present, (EOs; NatureServe 2002, p.
                                                      published synonyms. We listed it as a                   November 7, 1979; Service 1987, pp. 4–                10) of Tobusch fishhook cactus, totaling
                                                      species, Ancistrocactus tobuschii (44 FR                5). We now understand that those                      3,395 individuals (TXNDD 2009, pp. 1–
                                                      64736, November 7, 1979), and retained                  riparian habitats were atypical; the great            210). Texas Parks and Wildlife
                                                      this classification for the recovery plan               majority of populations that have now                 Department botanists monitored 118
                                                      (Service 1987). However, recent                         been documented occur in upland sites                 permanent plots at 12 protected natural
                                                      phylogenetic evidence supports                          dominated by Ashe juniper-live oak                    areas from 1991 through 2013 (Poole
                                                      classifying Tobusch fishhook cactus as                  woodlands and savannas on the                         and Janssen 2002, entire; Poole and
                                                      subspecies tobuschii of Sclerocactus                    Edwards Plateau (Poole and Janssen                    Birnbaum 2003, entire). Annual
                                                      brevihamatus (Porter and Prince 2011,                   2002, p. 2). Soils are classified in the              mortality in plots was often greater than
                                                      pp. 40–47). It is distinguished                         Tarrant, Ector, Eckrant, and similar                  20 percent, and consistently exceeded
                                                      morphologically from its closest                        series. Within a matrix of woodland and               recruitment (Emmett 1995, pp. 155–161;
                                                      relative, S. brevihamatus ssp.                          savanna, the subspecies occurs in                     Poole and Birnbaum 2001, p. 5). In
                                                      brevihamatus, on the basis of yellow                    discontinuous patches of very shallow,                particular, infestations by insect larvae
                                                      versus pink- or brown-tinged flowers,                   gravelly soils where bare rock and rock               caused catastrophic population declines
                                                      fewer radial spines, and fewer ribs                     fragments comprise a large proportion of              (Emmett 1995, pp. 155–161; Calvert
                                                      (Marshall 1952, p. 79; Poole et al. 2007,               the surface cover (Sutton et al. 1997, pp.            2003, entire). However, mortality and
                                                      p. 442; Porter and Prince 2011, pp. 42–                 442–443). Associated vegetation                       recruitment determinations are
                                                      45). Additionally, S. brevihamatus ssp.                 includes small bunch grasses and forbs.               confounded by the great difficulty in
                                                      tobuschii is endemic to limestone                       The subspecies’ distribution within                   detecting live plants in the field (Poole
                                                      outcrops of the Edwards Plateau, while                  habitat patches is clumped and tends to               and Janssen 2002, p. 5; Reemts 2014, pp.
                                                      S. brevihamatus ssp. brevihamatus                       be farther from woody plant cover                     1, 8). Despite the decline of many
                                                      occurs in alluvial soils in the                         (Reemts 2014, pp. 9–10). The presence                 individual colonies, the total known
                                                      Tamaulipan Shrublands and                               of cryptograms, primitive plants that                 population sizes have steadily
                                                      Chihuahuan Desert. A recent                             reproduce by spores rather than seeds,                increased, due to the discovery of
                                                      investigation confirmed genetic                         may be a useful indicator of fine-scale               previously undetected individuals and
                                                      divergence between the two subspecies,                  habitat suitability (Service 2010, p. 17).
                                                                                                                                                                    colonies.
                                                      although they may interact genetically                  Wildfire (including prescribed burning)
                                                      in a narrow area where their ranges                     causes negligible damage to Tobusch                   Summary of Subspecies Requirements
                                                      overlap (Rayamajhi 2015, pp. 67, 98;                    fishhook cactus populations (Emmett                   Requirements of Individuals
                                                      Sharma 2015, p. 1). With the                            1995, p. 42; Poole and Birnbaum 2003,
                                                      publication of this proposed rule, we                   p. 12). The subspecies probably does not                 Tobusch fishhook cactus plants occur
                                                      officially accept the new scientific name               require fire for germination,                         in patches of very shallow, rocky soil
                                                      of the Tobusch fishhook cactus as                       establishment, or reproduction, but                   overlying limestone. The immediate
                                                      Sclerocactus brevihamatus ssp.                          periodic burning may be necessary to                  vicinity of plants is sparsely vegetated
                                                      tobuschii.                                              prevent the encroachment of woody                     with small bunch grasses and forbs and
                                                                                                              plants into its habitats.                             there is little or no woody plant cover.
                                                      Reproduction                                                                                                  Individuals require an estimated 9 years
                                                        Tobusch fishhook cactus grows                         Populations and Range                                 to reach a reproductive size of about 2
                                                      slowly, reaching a reproductive size of                   A population of an organism is a                    centimeters (0.8 inches) in diameter.
                                                      about 2 centimeters (0.8 inches) in                     group of individuals within a                         Reproduction is primarily by out-
                                                      diameter after 9 years (Emmett 1995, pp.                geographic area that are capable of                   crossing between unrelated individuals,
                                                      168–169). It flowers between late                       interbreeding or interacting. Although                and the known pollinators include
                                                      January and mid-March, and its major                    the term is conceptually simple, it may               honey bees and halictid bees. Out-
                                                      pollinators are honey bees and halictid                 be difficult to determine the extent of a             crossing requires genetically diverse
                                                      bees (Emmett 1995, pp. 74–75;                           population of rare or cryptic species,                cactus populations within the foraging
                                                      Lockwood 1995, pp. 428–430; Reemts                      and this is certainly the case for                    range of pollinators, and is less likely to
                                                      and Becraft 2013, pp. 6–7; Langley 2015,                Tobusch fishhook cactus. Thorough                     occur in small, isolated populations.
                                                      pp. 21–23). The breeding system is                      surveys on public lands, such as state                Healthy pollinator populations, in turn,
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS




                                                      primarily out-crossing, requiring two                   parks and highway rights-of-way, have                 require intact, diverse, native plant
                                                      individuals for reproduction, but the                   detected groups of individuals, but                   communities. Halictid bees are frequent
                                                      subspecies is capable of self-fertilization             since the vast majority of the                        natural pollinators of the Tobusch
                                                      (Emmett 1995, p. 70; Langley 2015, pp.                  surrounding private lands have not been               fishhook cactus. Given their relatively
                                                      24–28). Reproductive individuals                        surveyed, we do not know if these are                 small size, we expect the foraging range
                                                      produce an average of 112 seeds per                     small, isolated populations, or parts of              of these bees to be fairly limited.
                                                      year (Emmett 1995, p. 108). Ants may be                 larger interacting populations or meta-               Therefore, the health and diversity of
                                                      seed predators, dispersers, or both                     populations. For convenience, we often                native vegetation within the vicinity of
                                                      (Emmett 1995, pp. 112–114, 124).                        informally use the terms ‘‘site’’,                    Tobusch fishhook cactus plants (a range


                                                 VerDate Sep<11>2014   16:34 Dec 28, 2016   Jkt 241001   PO 00000   Frm 00024   Fmt 4702   Sfmt 4702   E:\FR\FM\29DEP1.SGM   29DEP1


                                                                          Federal Register / Vol. 81, No. 250 / Thursday, December 29, 2016 / Proposed Rules                                          95935

                                                      of 50 to 500 meters (m) (164 to 1,640                   which is an estimate of the minimum                   populations. The resilience of the
                                                      feet (ft)) may be particularly important                population size that has a high                       Tobusch fishhook cactus derives not
                                                      for successful cactus reproduction.                     probability of enduring a specified                   merely from the size of meta-
                                                      Healthy pollinator populations also                     period of time. Poole and Birnbaum                    populations, but also their density.
                                                      require the least possible exposure to                  (2003, p. 1) estimated an MVP of 1,200                Meta-populations with a low density of
                                                      agricultural pesticides within their                    individuals for the Tobusch fishhook                  colonies may incur loss of genetic
                                                      foraging ranges.                                        cactus, using a surrogate species                     diversity and increased potential for
                                                                                                              approach (Pavlik 1996, pp. 136–137).                  inbreeding. Conversely, vulnerability to
                                                      Requirements of Populations
                                                                                                              For the reasons explained above, MVP                  insect parasitism increases when meta-
                                                         Population persistence requires stable               levels are more appropriately applied to              populations become too dense, or when
                                                      or increasing demographic trends.                       meta-populations rather than individual               individual colonies become too large.
                                                      Although some Tobusch fishhook cactus                   colonies of this cactus.                              Assessments of resilience (meta-
                                                      individuals live for decades, annual                       The degree of genetic diversity within             population size and demographics) and
                                                      mortality rates are often greater than 20               Tobusch fishhook cactus populations is                redundancy (number of meta-
                                                      percent, and relatively few individuals                 important for several reasons. First,                 populations within representative areas)
                                                      live long enough to reproduce. Mortality                diversity within populations should                   depend on how meta-populations are
                                                      within monitored colonies often                         confer greater resistance to pathogens                delineated. We believe that there must
                                                      exceeds recruitment, and some colonies                  and parasites, and greater adaptability to            be some optimal range of meta-
                                                      have died out. Nevertheless, even where                 environmental stochasticity (random                   population density, i.e. the distance
                                                      individual colonies have collapsed, the                 variations, such as annual rainfall and               between meta-populations, and of
                                                      total documented population sizes at                    temperature patterns) and climate                     colony size, although we do not
                                                      many protected natural areas are stable                 changes. Second, low genetic diversity                currently know what those are.
                                                      or increasing, due to discoveries of new                within interbreeding populations leads                   Representation reflects the genetic
                                                      individuals and colonies. Therefore, the                to a higher incidence of inbreeding, and              diversity, both within and among
                                                      assessment of demographic trends                        potentially to inbreeding depression.                 populations, necessary to conserve long-
                                                      depends on how populations are                          Finally, the breeding system of the                   term adaptive capability (Shaffer and
                                                      delineated; we conclude that it is more                 Tobusch fishhook cactus is primarily                  Stein 2000, pp. 307–308). Genetic
                                                      appropriate to track the collective                     out-crossing, so populations with too                 diversity within a population can be
                                                      populations of multiple colonies that                   little genetic diversity would produce                measured by the numbers of variant
                                                      interact on a landscape scale (i.e., meta-              fewer progeny.                                        forms of genes represented in that
                                                      populations). Meta-population                              Fire, whether natural or prescribed,               population. One measure of this within-
                                                      persistence requires recruitment of new                 appears to have little effect on                      population genetic diversity is called
                                                      colonies, and/or reestablishment at sites               individual Tobusch fishhook cactus                    heterozygosity; possible values range
                                                      of former colonies that previously                      plants. This is because the plants occur              from 0 (all members of a population are
                                                      collapsed. A major cause of mortality is                where vegetation is very sparse, and the              genetically identical for specified genes)
                                                      infestation by insect larvae, mainly by                 plants protrude very little above the                 to 1.0 (all members of a population a
                                                      an undescribed species of Gerstaeckeria                 ground and are protected by                           genetically different). Another useful
                                                      (cactus weevil), and one or more species                surrounding rocks from the heat of                    measure is the inbreeding coefficient
                                                      of cactus longhorn beetles (Moneilema                   vegetation burning nearby. On the other               (FIS), which ranges from ¥1 (all
                                                      spp.). The adults of these parasites are                hand, periodic fire is likely to be                   members of the population are
                                                      flightless, so their dispersal to new                   necessary for population persistence to               heterozygous, containing two forms of
                                                      colonies is likely to be very limited.                  reduce juniper encroachment into                      specific genes, and there is no evidence
                                                      When individual colonies of the cactus                  suitable habitats. Furthermore, the                   of inbreeding) to 1.0 (all members are
                                                      die off, the parasites also die off,                    diverse shrub and forb vegetation that                homozygous, containing only one form
                                                      rendering those patches of suitable                     sustains healthy pollinator populations               of specific genes, and inbred). Although
                                                      habitat available for cactus re-                        is maintained by periodic wildfire;                   there are no heterozygosity levels or
                                                      colonization. Hence, these periodic                     without fire, dense juniper groves                    inbreeding coefficients that are
                                                      infestations of parasite larvae greatly                 frequently displace these shrubs and                  considered healthy for all species, we
                                                      influence the population dynamics of                    forbs. Hence, if the native plant                     may assess the genetic health of the
                                                      the Tobusch fishhook cactus. The                        diversity of entire landscapes                        Tobusch fishhook cactus by comparison
                                                      distance between colonies has two                       surrounding Tobusch fishhook cactus                   to the observed values of reference
                                                      opposing effects on their persistence.                  populations succumbs to juniper                       species, such as other cactus species
                                                      Greater distance reduces susceptibility                 encroachment, pollinator populations                  with similar life histories that are
                                                      to parasite infestation, but also reduces               will likely decline, and reproduction of              abundant and widespread (Rayamajhi
                                                      the amount of gene flow, by means of                    the Tobusch fishhook cactus and gene                  2015, pp. 56, 63; Schwabe et al. 2015,
                                                      pollinators vectoring pollen, or through                flow between its colonies may be                      pp. 449, 454–455). The array of different
                                                      seed dispersal, between colonies. Thus,                 reduced.                                              environments in which a species occurs,
                                                      the persistence of entire meta-                                                                               such as the riparian and upland sites
                                                      populations would require fairly large                  Subspecies Requirements                               where Tobusch fishhook cactus is
                                                      landscapes where discontinuous                            In addition to population resilience                found, can also be used as a proxy
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS




                                                      patches of suitable habitat are                         (described above under ‘‘Requirements                 measure for genetic diversity and
                                                      distributed and populated at a density                  of Individuals’’ and ‘‘Requirements of                therefore representation (Shafer and
                                                      just low enough to hold the parasites at                Populations’’), we assess the subspecies’             Stein 2000, p. 308).
                                                      bay, but just high enough for halictid                  viability in terms of its redundancy and
                                                      bees and other pollinators and seed                     representation.                                       Review of the Recovery Plan
                                                      dispersers to vector genes between                        Given that insect parasites are able to               Section 4(f) of the Act directs us to
                                                      them.                                                   devastate large, dense populations, a                 develop and implement recovery plans
                                                         One measure of population resilience                 few large populations are much more                   for the conservation and survival of
                                                      is minimum viable population (MVP),                     vulnerable than many small                            endangered and threatened species


                                                 VerDate Sep<11>2014   16:34 Dec 28, 2016   Jkt 241001   PO 00000   Frm 00025   Fmt 4702   Sfmt 4702   E:\FR\FM\29DEP1.SGM   29DEP1


                                                      95936               Federal Register / Vol. 81, No. 250 / Thursday, December 29, 2016 / Proposed Rules

                                                      unless we determine that such a plan                    recreational, scientific, or educational              covered portions of the pre-settlement
                                                      will not promote the conservation of the                purposes; (C) disease or predation; (D)               Edwards Plateau, and since 1850 were
                                                      species. Recovery plans identify site-                  the inadequacy of existing regulatory                 transformed to shrubland or woodland
                                                      specific management actions that will                   mechanisms; or (E) other natural or                   ‘‘primarily by suppression of recurring
                                                      achieve recovery of the species,                        manmade factors affecting its continued               natural and anthropogenic fires and the
                                                      measurable criteria that set a trigger for              existence. A species may be reclassified              introduction of livestock.’’ They list the
                                                      review of the species’ status, and                      or delisted on the same basis.                        fire-sensitive Ashe juniper (Juniperus
                                                      methods for monitoring recovery                         Consideration of these factors was                    ashei) as the most successful of many
                                                      progress.                                               incorporated into the Tobusch fishhook                woody plants that have invaded
                                                         Recovery plans are not regulatory                    cactus SSA (Service 2016; available at                grasslands. Reemts (2014 p. 1) lists the
                                                      documents; instead they are intended to                 http://www.regulations.gov under                      encroachment of woody plants into the
                                                      establish goals for long-term                           Docket No. FWS–R2–ES–2016–0130)                       rocky, open habitat as one of several
                                                      conservation of listed species and define               and projected in future scenarios to                  remaining habitat-related threats that
                                                      criteria that are designed to indicate                  evaluate viability of the Tobusch                     endanger the Tobusch fishhook cactus.
                                                      when the threats facing a species have                  fishhook cactus. The effects of
                                                      been removed or reduced to such an                      conservation measures were also                       Livestock Grazing (Factor A)
                                                      extent that the species may no longer                   assessed as part of the current condition                The recovery plan stated,
                                                      need the protections of the Act, as well                of the Tobusch fishhook cactus in the                 ‘‘Ancistrocactus tobuschii plants have
                                                      as actions that may be employed to                      SSA Report, and those effects were                    been observed that were either uprooted
                                                      achieve reaching the criteria. There are                projected in future scenarios.                        or had apical meristem injuries from
                                                      many paths to accomplishing recovery                                                                          livestock trampling.’’ Nevertheless,
                                                      of a species, and recovery may be                       Land Use Changes (Factor A)
                                                                                                                                                                    livestock trampling and herbivory have
                                                      achieved without all criteria being fully                  Relatively little urban and industrial
                                                                                                                                                                    not subsequently been identified as
                                                      met or all actions fully implemented.                   development is occurring within the
                                                                                                                                                                    significant causes of mortality or
                                                      Recovery of a species is a dynamic                      semi-arid, sparsely populated eight-
                                                                                                                                                                    damage to Tobusch fishhook cactus
                                                      process requiring adaptive management                   county known range of the Tobusch
                                                                                                                                                                    plants. Their recurved spines and small
                                                      that may, or may not, fully follow the                  fishhook cactus. However, a significant
                                                                                                                                                                    size probably protect Tobusch fishhook
                                                      guidance provided in a recovery plan.                   ongoing trend throughout the
                                                                                                                                                                    cactus plants from livestock herbivory.
                                                         The Tobusch fishhook cactus recovery                 subspecies’ range is the subdivision of
                                                                                                                                                                    Livestock are not attracted to the
                                                      plan was approved by the Service on                     large ranches leading to a proliferation
                                                                                                                                                                    sparsely vegetated outcrops where
                                                      March 18, 1987 (Service 1987). Delisting                of roads, fences, power lines, and
                                                                                                                                                                    Tobusch fishhook cactus plants
                                                      criteria were not established in the                    residential development, all of which
                                                                                                                                                                    typically occur, and the plants are often
                                                      recovery plan. However, the recovery                    contribute incrementally to habitat loss
                                                      plan established a criterion of 3,000                                                                         nestled among larger rocks. While
                                                                                                              and fragmentation.
                                                      individuals in each of four safe sites for                 The predominant, historic land use                 livestock trampling probably occurs in
                                                      reclassification from endangered to                     throughout the Edwards Plateau has                    grazed habitats, we have no evidence
                                                      threatened.                                             been livestock grazing. In many cases,                that it represents a significant threat to
                                                         We now understand that insect                        poor rangeland management during the                  the subspecies. A number of healthy
                                                      parasites are able to devastate large,                  last century has caused the depletion of              Tobusch fishhook cactus populations
                                                      dense populations and we conclude that                  herbaceous vegetation, cessation of the               occur on well-managed rangeland. We
                                                      a few large populations are much more                   natural wildfire cycle, proliferation of              conclude that properly managed
                                                      vulnerable than many small                              dense juniper stands, soil erosion, and               livestock grazing, especially where
                                                      populations; therefore, this recovery                   reduced infiltration and storage of                   juniper thinning and prescribed burning
                                                      criterion should be amended. Currently,                 rainwater in the soil profile; all of these           are used to manage rangeland, is
                                                      many small populations exist, and                       changes are likely to have harmed                     generally compatible with conservation
                                                      surveyors have documented 3,395                         Tobusch fishhook cactus populations.                  of this cactus.
                                                      Tobusch fishhook cactus individuals at                  The change to a primarily recreational                Illegal Collection (Factor B)
                                                      105 element occurrences (EOs) in 8                      land use often entails continued grazing,
                                                      counties of the Edwards Plateau,                        but at a sustainable stocking density.                   Many rare cactus populations have
                                                      including 12 sites managed either by the                   Prescribed burning may be one of the               been depleted by overzealous collectors.
                                                      state or conservation organizations,                    most important vegetation management                  The recovery plan lists illegal collection
                                                      where monitored populations ranged                      tools for sustaining Tobusch fishhook                 as a threat to the subspecies. Westlund
                                                      from 34 to 1,090 individuals.                           cactus populations because it reduces                 (1991, pp. 2, 35, 39) found six
                                                                                                              woody vegetation encroachment.                        specimens of Tobusch fishhook cactus,
                                                      Summary of Factors Affecting the                                                                              grown legally from seed, for sale in
                                                                                                              However, the proliferation of residential
                                                      Subspecies                                                                                                    commercial nurseries. Poole and
                                                                                                              development within the species’ habitat
                                                        Section 4 of the Act and its                          makes this tool more challenging for                  Janssen (2002, p. 9) noted that one
                                                      implementing regulations (50 CFR part                   natural resource managers to use.                     population of the Tobusch fishhook
                                                      424) set forth the procedures for listing                                                                     cactus was heavily depleted by
                                                      species, reclassifying species, or                      Changes in Vegetation and Wildfire                    collection, but concluded that
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS




                                                      removing species from listed status. A                  Frequency (Factor A)                                  ‘‘collection is not currently perceived to
                                                      species may be determined to be an                         Bray (1904, pp. 14–15, 23–24)                      be a grave threat.’’ Although illegal
                                                      endangered or threatened species due to                 documented the rapid transition of                    collection has not significantly
                                                      one or more of the five listing factors                 grasslands to woodlands in the Edwards                impacted the subspecies, the wild
                                                      described in section 4(a)(1) of the Act:                Plateau occurring more than a century                 populations openly accessed by the
                                                      (A) The present or threatened                           ago; he attributed this change to                     public remain vulnerable. The potential
                                                      destruction, modification, or                           overgrazing, the depletion of grasses,                threat of illegal collection might be
                                                      curtailment of its habitat or range; (B)                and the cessation of wildfires. Fonteyn               diminished if seeds and plants of legally
                                                      overutilization for commercial,                         et al. (1988, p. 79) state that savannas              propagated Tobusch fishhook cacti


                                                 VerDate Sep<11>2014   16:34 Dec 28, 2016   Jkt 241001   PO 00000   Frm 00026   Fmt 4702   Sfmt 4702   E:\FR\FM\29DEP1.SGM   29DEP1


                                                                          Federal Register / Vol. 81, No. 250 / Thursday, December 29, 2016 / Proposed Rules                                           95937

                                                      become easier and less expensive to                     Docket No. FWS–R2–ES–2016–0130).                      drift may also result in the adaptation of
                                                      obtain than wild-dug specimens.                         For Tobusch fishhook cactus, MVP                      an isolated population to the climates
                                                                                                              levels are more appropriately applied to              and soils of specific sites, leading to the
                                                      Parasites (Factor C)
                                                                                                              meta-populations rather than individual               development of distinct genotypes that
                                                        The Tobusch fishhook cactus weevil                    colonies. Small populations are less able             are specifically adapted to a particular
                                                      (Gerstaeckeria spp.) and cactus                         to recover from losses caused by random               ecological area and to speciation, or the
                                                      longhorn beetle (Moneilema spp.)                        environmental changes (Shaffer and                    evolution of new species. For example,
                                                      parasitize and kill Tobusch fishhook                    Stein 2000, pp. 308–310), such as                     the genetic divergence of Sclerocactus
                                                      cactus plants and have contributed                      fluctuations in recruitment                           brevihamatus ssp. brevihamatus and S.
                                                      significantly to drastic declines in many               (demographic stochasticity), variations               brevihamatus ssp. tobuschii (Rayamajhi
                                                      of the known populations (Calvert 2003,                 in rainfall (environmental stochasticity),            2015, pp. 67, 98; Service 2016, pp. 6–
                                                      entire).                                                or changes in the frequency of wildfires.             7, available at http://
                                                        Periodic outbreaks of insect                          The Tobusch fishhook cactus has a                     www.regulations.gov under Docket No.
                                                      parasitism appear to be an unavoidable                  predominantly out-crossing breeding                   FWS–R2–ES–2016–0130) may have
                                                      natural cycle. For this reason, large                   system. The probability of successful                 resulted when populations of the
                                                      cactus populations could eventually                     fertilization between unrelated                       species brevihamatus migrated into
                                                      host very large parasite populations,                   individuals is reduced in small, isolated             separate geographic regions, and once
                                                      leading to their collapse. The most                     populations. The remaining plants                     separated, each population adapted to
                                                      appropriate conservation strategy may                   would produce fewer viable seeds,                     different soils, climate, and pollinator
                                                      be to protect larger numbers of small,                  further reducing population recruitment               species.
                                                      widely spaced meta-populations, rather                  and engendering a downward spiral                        Inbreeding depression is the loss of
                                                      than fewer large populations that are                   toward extirpation. The demographic                   fitness among offspring of closely
                                                      more vulnerable to parasites.                           consequences of small population size                 related individuals. While most animal
                                                                                                              are compounded by genetic                             species are susceptible to inbreeding
                                                      Other Herbivory (Factor C)                                                                                    depression, plant species vary greatly in
                                                                                                              consequences (discussed below),
                                                         Poole and Birnbaum (2003, pp. 11–12)                 because reduced out-crossing                          response to inbreeding. Levels of
                                                      report that jackrabbits browse the                      corresponds to increased inbreeding. In               inbreeding can be measured with the
                                                      cactus, but in most sites cause less than               addition to population size, it is likely             inbreeding coefficient (FIS), which
                                                      2 percent mortality. If the root systems                that population density within meta-                  ranges from ¥1 (all members of the
                                                      are not too badly damaged, they may                     populations also influences population                population are heterozygous for specific
                                                      regenerate one or more new stems. Feral                 viability; density must be high enough                genes and there is no evidence of
                                                      hogs have uprooted plants in many sites                 for gene flow within meta-populations,                inbreeding) to 1.0 (all members are
                                                      (also observed by Reemts (2015, p. 1)).                 but low enough to minimize parasite                   homozygous and inbred). Rayamajhi
                                                      An unidentified ant species has also                    infestations.                                         (2015, pp. 63–64) found relatively high
                                                      caused 1 percent mortality at some sites                                                                      inbreeding coefficients in three of eight
                                                      by creating mounds on top of the stems.                 Genetic Consequences of Small                         populations, which he attributed to
                                                      With the exception of feral hogs,                       Population Sizes (Factor E)                           mating of close relatives within small,
                                                      herbivory does not appear to be a                          Small, reproductively isolated                     isolated populations. Nevertheless, we
                                                      significant cause of mortality or damage                populations are susceptible to the loss               do not know to what extent inbreeding
                                                      to Tobusch fishhook cactus plants.                      of genetic diversity, to genetic drift, and           has reduced fitness of these
                                                                                                              to inbreeding. The loss of genetic                    populations.
                                                      Inadequacy of Existing Regulatory                       diversity may reduce the ability of a
                                                      Mechanisms (Factor D)                                   species or population to resist                       Land Ownership (Factor E)
                                                        Federally listed plants occurring on                  pathogens and parasites, to adapt to                    A large portion of the known
                                                      private lands have limited protection                   changing environmental conditions, or                 individuals and populations of the
                                                      under the Act, unless also protected by                 to colonize new habitats. Conversely,                 Tobusch fishhook cactus occurs on
                                                      state laws; the State of Texas also                     populations that pass through a ‘‘genetic             privately owned land. This does not
                                                      provides very little protection to listed               bottleneck’’, i.e. a time of significant loss         constitute a direct threat to the
                                                      plant species on private lands.                         of genetic diversity, may subsequently                subspecies, and many landowners have
                                                      Approximately 95 percent of Texas land                  benefit through the elimination of                    demonstrated interest and enthusiasm
                                                      area is privately owned. It is reasonable               harmful alleles, or the variant forms of              for its conservation. However, private
                                                      to assume that the vast majority of                     a given gene. Nevertheless, the net                   ownership makes conservation more
                                                      existing Tobusch fishhook cactus                        result of loss of the genetic diversity is            challenging for several reasons. Access
                                                      habitat, including sites that have not                  likely to be a loss of fitness and lower              to populations and habitats is subject to
                                                      been documented, occurs on private                      chance of survival of populations and of              the interests of hundreds of individual
                                                      land. Therefore, most of the subspecies’                the subspecies.                                       landowners. Consequently, our
                                                      populations and habitats are not subject                   Genetic drift is a change in the                   knowledge of the subspecies’ actual
                                                      to Federal or state protection unless                   frequencies of alleles in a population                status is far from complete. Establishing
                                                      there is a Federal nexus, such as                       over time. Genetic drift can arise from               and maintaining cooperative
                                                      provisions of the Clean Water Act (33                   random differences in founder                         relationships with large numbers of
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS




                                                      U.S.C. 1251 et seq.) or a federally                     populations, i.e. new populations                     private landowners is time-consuming,
                                                      funded project.                                         originally established by a very small                and these important relationships may
                                                                                                              number of individuals, and the random                 lapse when personnel of conservation
                                                      Demographic Consequences of Small                       loss of rare alleles in small, isolated               organizations retire or pursue other
                                                      Population Size and Density (Factor E)                  populations. Genetic drift may have a                 career choices. The ownership of private
                                                        Poole and Birnbaum (2003, p. 1)                       neutral effect on fitness, or contribution            lands changes hands over time, and
                                                      estimated an MVP of 1,200 individuals                   to the gene pool, in larger populations,              future owners may choose not to
                                                      (Service 2016, section II.7.5, available at             but may cause the loss of genetic                     continue conservation efforts that were
                                                      http://www.regulations.gov under                        diversity in small populations. Genetic               supported by previous owners. Hence, it


                                                 VerDate Sep<11>2014   16:34 Dec 28, 2016   Jkt 241001   PO 00000   Frm 00027   Fmt 4702   Sfmt 4702   E:\FR\FM\29DEP1.SGM   29DEP1


                                                      95938               Federal Register / Vol. 81, No. 250 / Thursday, December 29, 2016 / Proposed Rules

                                                      is difficult to assure permanent                        limited, although the degree of change                Plateau. This includes 12 sites managed
                                                      conservation on private lands. These                    varies under different scenarios.                     either by the state or conservation
                                                      challenges underscore the importance of                    Nevertheless, we do not know how                   organizations where monitored
                                                      effective landowner outreach in the                     the Tobusch fishhook cactus responded                 populations ranged from 34 to 1,090
                                                      conservation of the Tobusch fishhook                    to prior climate changes, nor can we                  individuals, and totaled 3,139
                                                      cactus.                                                 determine how these projected climate                 individuals. Recent surveys found 660
                                                                                                              changes will affect the Tobusch                       new Tobusch fishhook cactus
                                                      Climate Change (Factor E)                               fishhook cactus and its habitat. Warmer               individuals that probably represent
                                                         The Fifth Assessment Report of the                   winters could extend the growing                      many new E.O.s, bringing the total
                                                      Intergovernmental Panel on Climate                      season and improve reproduction and                   documented number of individuals
                                                      Change (IPCC) (IPCC 2013, p. 23)                        survival of the Tobusch fishhook cactus,              (based on the most recent surveys) to
                                                      projects the following changes by the                   but might also increase survival of                   over 4,000.
                                                      end of the 21st century, relative to the                parasite larvae. Heavier, less frequent                  We developed a model of potential
                                                      1986 to 2005 averages: It is virtually                  rainfall could reduce establishment of                habitat based on the soil types and
                                                      certain that most land areas will                       Tobusch fishhook cactus seedlings, but                watersheds of documented populations.
                                                      experience warmer and/or fewer cold                     perhaps less so than the bunch grasses                This model predicts that over 2 million
                                                      days and nights; it is virtually certain                with which it competes. Zaya et al.                   hectares (ha) (5 million acres (ac)) of
                                                      that most land areas will experience                    (2014, pp. 37–38) projected that climate              potential habitat occurs in the eight
                                                      warmer and/or more frequent hot days                    changes will be detrimental to 4                      counties of the cactus’ currently known
                                                      and nights; it is very likely that the                  populations, due primarily to lower                   range, as well as in some adjacent
                                                      frequency and/or duration of warm                       survival and reproduction, and                        counties (mainly Crockett and Sutton
                                                      spells and heat waves will increase in                  beneficial to 6 others, given increased               Counties). However, we have no records
                                                      most land areas; it is very likely that the             individual growth rates. Thus, although               of the Tobusch fishhook cactus
                                                      frequency, intensity, and/or amount of                  it is likely that the projected climate               occurring in any of these adjacent
                                                      heavy precipitation will increase in                    changes will affect the survival of the               counties, nor have any surveys for the
                                                      mid-latitude land masses; it is likely                  Tobusch fishhook cactus in infinitely                 subspecies been conducted there, to our
                                                      that the intensity and/or duration of                   complex ways, we do not currently                     knowledge. Within these areas of
                                                      droughts will increase on a regional to                 know what the net result of beneficial                potential habitat, only a small fraction
                                                      global scale. The magnitude of projected                and detrimental effects will be.                      of the total area contains suitable
                                                      changes varies widely, depending on                                                                           habitat, consisting of discontinuous,
                                                      which scenario of future greenhouse gas                 Conservation Efforts
                                                                                                                                                                    open areas on or near exposed limestone
                                                      emissions is used.                                         Support for the recovery of Tobusch                strata. Based on 25 surveys widely
                                                         To evaluate how the climate of                       fishhook cactus has come from a variety               distributed across the subspecies range,
                                                      Tobusch fishhook cactus habitats may                    of sources. Conservation measures from                we calculated an average density across
                                                      change, we used the National Climate                    nine formal consultations under section               the range of the species. That average
                                                      Change Viewer (U.S. Geological Survey                   7 of the Act supported scientific                     density was applied to the amount of
                                                      2015) to compare past and projected                     investigations, the salvage of                        suitable habitat and used to calculate an
                                                      future climate conditions for Edwards                   individuals that would have been                      estimate of the global population. We
                                                      County, Texas. The baseline for                         destroyed by development, and                         estimate that the global population is
                                                      comparison was the observed mean                        contributions to the Tobusch Fishhook                 about 480,000 individuals (Service
                                                      values from 1950 through 2005, and 30                   Cactus Conservation Fund (Fund). The                  2016, Appendix B, available at http://
                                                      climate models were used to project                     Lady Bird Johnson Wildflower Center                   www.regulations.gov under Docket No.
                                                      future conditions for 2050 through 2074.                manages the Fund through a                            FWS–R2–ES–2016–0130).
                                                      We selected the climate parameters of                   memorandum of agreement with the                         From 1991 through 2013, many
                                                      August maximum temperature, January                     Service. The Fund supported three                     individual colonies of the Tobusch
                                                      minimum temperature, annual mean                        projects that contributed significantly to            fishhook cactus declined and some have
                                                      precipitation, and annual mean                          our knowledge of the Tobusch fishhook                 died out completely. A principle cause
                                                      evaporative deficit. These particular                   cactus. These three Tobusch fishhook                  of colony decline is parasitism by the
                                                      parameters were selected from those                     cactus projects included a study on the               larvae of flightless insects, including an
                                                      available because they represented those                effects of shading by woody shrubs, a                 undescribed species of Gerstaeckeria (a
                                                      most likely to impact the survival of                   conservation genetics study, and                      cactus weevil) and one or more species
                                                      individuals. The highest temperature of                 population viability analyses. Five                   of Moneilema (cactus longhorn beetles).
                                                      the year (August maximum temperature)                   grants under section 6 of the Act have                At the same time, total populations in
                                                      could potentially affect individuals by                 supported scientific investigations and               monitored sites (consisting of multiple
                                                      exacerbating the effects of drought and                 extensive inventory and monitoring of                 colonies; meta-populations) have
                                                      the lowest temperatures of the year                     the subspecies on state highway rights-               remained steady or have increased, due
                                                      (January minimum temperature) could                     of-way, in state parks, in wildlife                   to the discovery of new colonies or re-
                                                      expose individuals to freezing                          management areas, and in state natural                colonization of formerly depleted
                                                      temperatures. The annual mean                           areas. Four graduate-level investigations             colonies. We believe that the Tobusch
                                                      precipitation and evaporative deficit                   focused on the Tobusch fishhook cactus,               fishhook cactus co-evolved with these
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS




                                                      provide measures of drought that could                  leading to three Master’s theses and a                parasitic organisms, and that they are
                                                      negatively affect individuals. The                      doctoral dissertation, and provided                   important drivers of its population
                                                      results are described in detail in the                  information that is essential to the                  dynamics. Large, dense cactus
                                                      SSA Report (Service 2016, available at                  subspecies’ conservation and recovery.                populations become susceptible to
                                                      http://www.regulations.gov under                                                                              larval parasitism and decline until
                                                      Docket No. FWS–R2–ES–2016–0130),                        Current Status                                        parasite populations cannot be
                                                      but generally, these models project that                  By 2009, surveyors documented 3,395                 sustained. Meta-populations, consisting
                                                      plant growth and survival in Edwards                    Tobusch fishhook cactus individuals at                of multiple, widely-dispersed colonies,
                                                      County will become more moisture-                       105 E.O.s in 8 counties of the Edwards                appear to be stable; however, we do not


                                                 VerDate Sep<11>2014   16:34 Dec 28, 2016   Jkt 241001   PO 00000   Frm 00028   Fmt 4702   Sfmt 4702   E:\FR\FM\29DEP1.SGM   29DEP1


                                                                          Federal Register / Vol. 81, No. 250 / Thursday, December 29, 2016 / Proposed Rules                                          95939

                                                      know what the long-term demographic                     million ac). Thus, it is likely that the              fishhook cactus. The Tobusch fishhook
                                                      trends are at the meta-population or                    Tobusch fishhook cactus has multiple,                 cactus was listed as endangered in 1979,
                                                      subspecies level.                                       resilient populations. Although many                  due to: Few known populations, habitat
                                                         The expected heterozygosity (He) and                 individual colonies have declined,                    destruction, and altered stream flows
                                                      observed heterozygosity (Ho) are useful                 meta-population levels of monitored                   (Factor A); illegal collection (Factor B);
                                                      measures of within-population genetic                   areas appear stable; however, we have                 and very limited geographic range,
                                                      diversity; possible values range from 0                 very little data on meta-population                   small population sizes, restricted gene
                                                      (all members of a population are                        trends over the subspecies’ entire range.             pool, and lack of reproduction (Factor
                                                      genetically identical for specified genes)              Genetic data from wild populations                    E). We now know there are many more
                                                      to 1.0 (all members of a population are                 indicate that most populations, and the               populations over a much wider area;
                                                      genetically different). Rayamajhi (2015,                subspecies as a whole, currently possess              about 4,000 individuals have been
                                                      pp. 57–61, 64, 97) determined that the                  sufficient genetic diversity to conserve              documented at more than 105 EOs.
                                                      mean He for nine populations of                         long-term adaptive capability.                        These data allow us to estimate that the
                                                      Sclerocactus brevihamatus ssp.                          Nevertheless, some small, isolated                    total population size is about 480,000
                                                      tobuschii was 0.59, and the mean Ho                     populations have higher levels of                     individuals distributed at low density
                                                      was 0.37. Through comparison to                         inbreeding, and may as a consequence                  over about 2 million ha (5 million ac).
                                                      columnar cactus species that are                        suffer reduced fitness and reproduction.              Most habitats are relatively secure,
                                                      endemic or have limited geographic                      There is relatively little genetic diversity          given that they are in remote, rocky
                                                      distribution, he concluded that, for S.                 between populations, which is evidence                areas that are unsuitable for growing
                                                      brevihamatus ssp. tobuschii, He was                     that gene flow has occurred fairly                    crops. However, the great majority is on
                                                      moderately high, and Ho was moderate                    recently between populations.                         private lands that are becoming
                                                      which suggest there is sufficient genetic               Considering the naturally low densities               increasingly fragmented and may be
                                                      diversity to conserve long-term adaptive                of Tobusch fishhook cactus populations,               subject to destruction or modification.
                                                      capability.                                             gene flow among them may be easily                    Many of the known populations are
                                                         Another useful measure is the                        disrupted.                                            small and isolated, and the monitored
                                                      inbreeding coefficient (FIS), which                        Demographic population viability                   portions of numerous populations have
                                                      ranges from ¥1 (all members of the                      analyses (PVA) of monitoring plot data                declined. Demographic population
                                                      population are heterozygous for specific                predicted stable or increasing trends for             viability analyses predict an overall
                                                      genes and there is no evidence of                       two or three populations, moderate                    future decline in subspecies’ viability.
                                                      inbreeding) to 1.0 (all members are                     declines for two populations, and large               However, we do not know how well
                                                      homozygous and inbred). For                             to precipitous declines in five                       these analyses project the demographic
                                                      Sclerocactus brevihamatus ssp.                          populations over the next 50 years (Zaya              trends of meta-populations distributed
                                                      tobuschii, the mean FIS was 0.38 (range                 et al. 2014, pp. 29–42). When expected                over larger landscapes. We know that
                                                      of 0.15 to 0.63) (Rayamajhi 2015). While                climate changes were included in these                insect parasites are a major cause of
                                                      most populations had an apparently                      analyses, four populations responded                  mortality, and may naturally reduce
                                                      healthy degree of out-crossing, three                   negatively to climate changes, and six                populations to low densities. Many
                                                      populations of S. brevihamatus ssp.                     populations responded positively                      populations have sufficient genetic
                                                      tobuschii were at relatively higher risk                (compared to PVA without climate                      diversity to confer long-term adaptive
                                                      of inbreeding effects and may have                      changes). These findings predict an                   capability, but some small, isolated
                                                      suffered recent genetic bottlenecks                     overall decline in subspecies viability
                                                                                                                                                                    populations have higher levels of
                                                      through population declines. The higher                 over the 50 year time frame. However,
                                                                                                                                                                    inbreeding and may be affected by
                                                      level of inbreeding in these populations                we do not know how well these
                                                                                                                                                                    reduced fitness and reproduction. It is
                                                      may be due to small, isolated                           analyses project the demographic trends
                                                                                                                                                                    likely that projected climate changes
                                                      populations; mating of close relatives                  of meta-populations distributed over
                                                                                                                                                                    will affect the Tobusch fishhook cactus,
                                                      within populations; the limited range of                larger landscapes.
                                                                                                                 We project what the viability of the               but we do not currently know whether
                                                      seed dispersal; and the limited range
                                                                                                              Tobusch fishhook cactus could be,                     this will have a net positive or negative
                                                      and foraging behavior of a primary
                                                                                                              between 2050 and 2074, under three                    effect on its viability.
                                                      pollinator, halictid bees.
                                                         There were relatively few genetic                    scenarios. We considered how                             We have determined that the Tobusch
                                                      differences between the nine Tobusch                    conservation support, the subspecies’                 fishhook cactus’ current viability is
                                                      fishhook cactus populations in                          geographic range, habitat management,                 higher than was known at the time of
                                                      Rayamajhi’s study (2015), regardless of                 population management, and climate                    listing. Based on the analysis in the
                                                      the distance between populations. This                  changes may contribute to these                       SSA, and summarized above, we believe
                                                      evidence supports a hypothesis that                     scenarios. The first scenario represents              that the Tobusch fishhook cactus does
                                                      gene flow has occurred throughout the                   improvements over current conditions.                 not meet the definition of endangered
                                                      subspecies’ range, at least until recently;             The second scenario represents the most               under the Act. However, due to
                                                      however, recently isolated populations                  likely conditions if current trends                   continued threats from the demographic
                                                      may not yet show genetic                                continue. The third scenario represents               and genetic consequences of small
                                                      differentiation, in part because                        deteriorating conditions. We conclude                 population sizes and geographic
                                                      individuals can live and contribute to                  that under the most likely scenario, the              isolation, insect parasitism, feral hog
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS




                                                      the local gene pool at least for several                subspecies remains viable but requires                depredation, and changes in the wildfire
                                                      decades.                                                continued conservation, management,                   cycle and vegetation, as well as
                                                                                                              and protection.                                       unknown long-term effects of land use
                                                      Assessment of Current and Future                                                                              changes and climate changes, we find
                                                      Viability                                               Finding and Proposed Determination                    that the Tobusch fishhook cactus is
                                                        We estimate that about 480,000                          We have carefully assessed the best                 likely to become an endangered species
                                                      individuals of Tobusch fishhook cactus                  scientific and commercial information                 within the foreseeable future throughout
                                                      are distributed at low density over an                  available regarding the past, present,                all of its range. Because we have found
                                                      area of more than 2 million ha (5                       and future threats to the Tobusch                     that the Tobusch fishhook cactus


                                                 VerDate Sep<11>2014   16:34 Dec 28, 2016   Jkt 241001   PO 00000   Frm 00029   Fmt 4702   Sfmt 4702   E:\FR\FM\29DEP1.SGM   29DEP1


                                                      95940               Federal Register / Vol. 81, No. 250 / Thursday, December 29, 2016 / Proposed Rules

                                                      (Sclerocactus brevihamatus ssp.                         Conclusion                                            environmental impact statements, as
                                                      tobuschii; currently listed as                             Using the best available scientific                defined under the authority of the
                                                      Ancistrocactus tobuschii) meets the                     information, we have determined that                  National Environmental Policy Act of
                                                      definition of threatened under the Act,                 the Tobusch fishhook cactus is not                    1969 (42 U.S.C. 4321 et seq.), need not
                                                      we propose to reclassify it from                        currently in danger of extinction                     be prepared in connection with
                                                      endangered to threatened on the Federal                 throughout all or a significant portion of            regulations pursuant to section 4(a) of
                                                      List of Endangered and Threatened                       its range, but is likely to become                    the Act. We published a notice outlining
                                                      Plants (List).                                          endangered within the foreseeable                     our reasons for this determination in the
                                                                                                              future throughout all of its range. In                Federal Register on October 25, 1983
                                                      Significant Portion of the Range                                                                              (48 FR 49244).
                                                                                                              accordance with 50 CFR 424.11(c), we
                                                      Analysis
                                                                                                              therefore propose to reclassify the                   References Cited
                                                         Under the Act and our implementing                   Tobusch fishhook cactus as threatened
                                                                                                                                                                      A complete list of all references cited
                                                      regulations, a species may warrant                      on the Federal List of Endangered and
                                                                                                                                                                    in this proposed rule is available at
                                                      listing if it is in danger of extinction or             Threatened Plants at 50 CFR 17.12(h).
                                                                                                                                                                    http://www.regulations.gov at Docket
                                                      likely to become so throughout all or a                 Effects of the Rule                                   No. FWS–R2–ES–2016–0130, or upon
                                                      significant portion of its range. We                                                                          request from the Austin Ecological
                                                                                                                 This proposal, if made final, would
                                                      published a final policy interpreting the               revise 50 CFR 17.12(h) to reclassify the              Services Field Office (see FOR FURTHER
                                                      phrase ‘‘significant portion of its range’’             Tobusch fishhook cactus as threatened                 INFORMATION CONTACT).
                                                      (SPR) (79 FR 37578; July 1, 2014). The                  on the Federal List of Endangered and                 Authors
                                                      final policy states that: (1) If a species              Threatened Plants. There is no critical
                                                      is found to be endangered or threatened                 habitat designated for this subspecies;                 The primary authors of this proposed
                                                      throughout a significant portion of its                 therefore, this proposed rule would not               rule are staff members of the Service’s
                                                      range, the entire species is listed as                  affect 50 CFR 17.96.                                  Austin Ecological Services Field Office
                                                      endangered or threatened, respectively,                                                                       (see FOR FURTHER INFORMATION CONTACT).
                                                      and the Act’s protections apply to all                  Required Determinations
                                                                                                                                                                    List of Subjects in 50 CFR Part 17
                                                      individuals of the species wherever                     Clarity of the Rule
                                                                                                                                                                      Endangered and threatened species,
                                                      found; (2) a portion of the range of a                     We are required by Executive Orders                Exports, Imports, Reporting and
                                                      species is ‘‘significant’’ if the species is            12866 and 12988 and by the                            recordkeeping requirements,
                                                      not currently endangered or threatened                  Presidential Memorandum of June 1,                    Transportation.
                                                      throughout all of its range, but the                    1998, to write all rules in plain
                                                      portion’s contribution to the viability of              language. This means that each rule we                Proposed Regulation Promulgation
                                                      the species is so important that, without               publish must:                                           Accordingly, we propose to amend
                                                      the members in that portion, the species                   (1) Be logically organized;                        part 17, subchapter B of chapter I, title
                                                      would be in danger of extinction, or                       (2) Use the active voice to address                50 of the Code of Federal Regulations,
                                                      likely to become so in the foreseeable                  readers directly;                                     as set forth below:
                                                      future, throughout all of its range; (3)                   (3) Use clear language rather than
                                                      the range of a species is considered to                 jargon;                                               PART 17—ENDANGERED AND
                                                      be the general geographical area within                    (4) Be divided into short sections and             THREATENED WILDLIFE AND PLANTS
                                                      which that species can be found at the                  sentences; and
                                                                                                                 (5) Use lists and tables wherever                  ■ 1. The authority citation for part 17
                                                      time the Service makes any particular
                                                                                                              possible.                                             continues to read as follows:
                                                      status determination; and (4) if a
                                                      vertebrate species is endangered or                        If you feel that we have not met these               Authority: 16 U.S.C. 1361–1407; 1531–
                                                                                                              requirements, send us comments by one                 1544; and 4201–4245, unless otherwise
                                                      threatened throughout a significant
                                                                                                              of the methods listed in ADDRESSES. To                noted.
                                                      portion of its range, and the population
                                                      in that significant portion is a valid                  better help us revise the rule, your                  ■ 2. Amend § 17.12(h), the List of
                                                      distinct population segment (DPS), we                   comments should be as specific as                     Endangered and Threatened Plants,
                                                      will list the DPS rather than the entire                possible. For example, you should tell                under FLOWERING PLANTS by:
                                                      taxonomic species or subspecies.                        us the numbers of the sections or                     ■ a. Removing the entry for
                                                                                                              paragraphs that are unclearly written,                ‘‘Ancistrocactus tobuschii’’; and
                                                      Because we have determined that the
                                                                                                              which sections or sentences are too                   ■ b. Adding, in alphabetical order, an
                                                      Tobusch fishhook cactus is threatened
                                                                                                              long, the sections where you feel lists or            entry for ‘‘Sclerocactus brevihamatus
                                                      throughout all of its range, no portion of
                                                                                                              tables would be useful, etc.                          ssp. tobuschii’’ to read as follows:
                                                      its range can be ‘‘significant’’ for the
                                                      purposes of the definitions of                          National Environmental Policy Act                     § 17.12    Endangered and threatened plants.
                                                      ‘‘endangered species’’ and ‘‘threatened                   We have determined that                             *       *    *     *     *
                                                      species.’’                                              environmental assessments and                             (h) * * *
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS




                                                 VerDate Sep<11>2014   16:34 Dec 28, 2016   Jkt 241001   PO 00000   Frm 00030   Fmt 4702   Sfmt 4702   E:\FR\FM\29DEP1.SGM    29DEP1


                                                                          Federal Register / Vol. 81, No. 250 / Thursday, December 29, 2016 / Proposed Rules                                                  95941

                                                         Scientific                                                                                                                Listing citations and applicable
                                                                                   Common name                                   Where listed                        Status
                                                          name                                                                                                                                    rules

                                                      FLOWERING
                                                        PLANTS

                                                                *                    *                         *                  *                              *                    *                 *
                                                      Sclerocactus      Tobusch fishhook cactus ................ Wherever found ................................              T   44 FR 64736; 11/7/1979, [Federal
                                                        brevihamat-                                                                                                                 Register citation of the final
                                                        us ssp.                                                                                                                     rule].
                                                        tobuschii

                                                                *                       *                       *                       *                       *                      *                  *



                                                        Dated: December 15, 2016.                             commercial split season for Atlantic                       Electronic copies of Amendment 26
                                                      Stephen Guertin,                                        migratory group king mackerel in the                    may be obtained from the Southeast
                                                      Acting Director, U.S. Fish and Wildlife                 Atlantic southern zone; establish a                     Regional Office Web site at http://
                                                      Service.                                                commercial trip limit system for                        sero.nmfs.noaa.gov/sustainable_
                                                      [FR Doc. 2016–31296 Filed 12–28–16; 8:45 am]            Atlantic migratory group king mackerel                  fisheries/gulf_sa/cmp/2016/am%2026/
                                                      BILLING CODE 4333–15–P                                  in the Atlantic southern zone; revise the               index.html. Amendment 26 includes an
                                                                                                              commercial and recreational ACLs for                    environmental assessment, a Regulatory
                                                                                                              Gulf migratory group king mackerel;                     Flexibility Act (RFA) analysis, and a
                                                      DEPARTMENT OF COMMERCE                                  revise commercial zone quotas for Gulf                  regulatory impact review.
                                                                                                              migratory group king mackerel; and                      FOR FURTHER INFORMATION CONTACT:
                                                      National Oceanic and Atmospheric                        modify the recreational bag limit for                   Karla Gore, Southeast Regional Office,
                                                      Administration                                          Gulf migratory group king mackerel.                     NMFS, telephone: 727–551–5753, or
                                                                                                              The purpose of Amendment 26 and this                    email: karla.gore@noaa.gov.
                                                      50 CFR Part 622                                         proposed rule is to ensure that king                    SUPPLEMENTARY INFORMATION: The
                                                                                                              mackerel management is based on the                     coastal migratory pelagic fishery of the
                                                      [Docket No. 160426363–6363–01]
                                                                                                              best scientific information available,                  Gulf and Atlantic Regions is managed
                                                      RIN 0648–BG03                                           while increasing the social and                         under the FMP and includes the
                                                                                                              economic benefits of the fishery.                       management of the Gulf and Atlantic
                                                      Fisheries of the Caribbean, Gulf of                     DATES: Written comments must be                         migratory groups of king mackerel,
                                                      Mexico, and South Atlantic; Coastal                     received on or before January 30, 2017.                 Spanish mackerel and cobia. The FMP
                                                      Migratory Pelagic Resources in the
                                                                                                              ADDRESSES: You may submit comments                      was prepared jointly by the Gulf and
                                                      Gulf of Mexico and Atlantic Region;
                                                                                                              on the proposed rule, identified by                     South Atlantic Councils (Councils) and
                                                      Amendment 26
                                                                                                              ‘‘NOAA–NMFS–2016–0120,’’ by either                      is implemented through regulations at
                                                      AGENCY:  National Marine Fisheries                      of the following methods:                               50 CFR part 622 under authority of the
                                                      Service (NMFS), National Oceanic and                       • Electronic submission: Submit all                  Magnuson-Stevens Fishery
                                                      Atmospheric Administration (NOAA),                      electronic public comments via the                      Conservation and Management Act
                                                      Commerce.                                               Federal e-Rulemaking Portal: http://                    (Magnuson-Stevens Act).
                                                      ACTION: Proposed rule; request for                      www.regulations.gov. Go to
                                                                                                              www.regulations.gov/                                    Background
                                                      comments.
                                                                                                              #!docketDetail;D=NOAA-NMFS-2016-                          The Magnuson-Stevens Act requires
                                                      SUMMARY:   NMFS proposes to implement                   0120, click the ‘‘Comment Now!’’ icon,                  NMFS and regional fishery management
                                                      management measures described in                        complete the required fields, and enter                 councils to prevent overfishing and
                                                      Amendment 26 to the Fishery                             or attach your comments.                                achieve, on a continuing basis, OY from
                                                      Management Plan for the Coastal                            • Mail: Submit written comments to                   federally managed fish stocks.
                                                      Migratory Pelagics Fishery of the Gulf of               Karla Gore, Southeast Regional Office,                    In September of 2014, the Southeast
                                                      Mexico and Atlantic Region (FMP) as                     NMFS, 263 13th Avenue South, St.                        Data, Assessment, and Review (SEDAR)
                                                      prepared and submitted jointly by the                   Petersburg, FL 33701.                                   38 stock assessment was completed for
                                                      Gulf of Mexico Fishery Management                          Instructions: Comments sent by any                   both the Gulf and Atlantic migratory
                                                      Council (Gulf Council) and South                        other method, to any other address or                   groups of king mackerel (SEDAR 38).
                                                      Atlantic Fishery Management Council                     individual, or received after the end of                SEDAR 38 determined that both the
                                                      (South Atlantic Council). Amendment                     the comment period, may not be                          Gulf and Atlantic migratory groups of
                                                      26 and this proposed rule would adjust                  considered by NMFS. All comments                        king mackerel are not overfished and are
                                                      the management boundary for the Gulf                    received are a part of the public record                not undergoing overfishing. The Gulf
                                                      of Mexico (Gulf) and Atlantic migratory                 and will generally be posted for public                 Council’s and South Atlantic Council’s
                                                      groups of king mackerel; revise                         viewing on www.regulations.gov                          respective Scientific and Statistical
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS




                                                      acceptable biological catch (ABC),                      without change. All personal identifying                Committees (SSCs) reviewed the
                                                      commercial and recreational annual                      information (e.g., name, address, etc.),                assessment and concluded that SEDAR
                                                      catch limits (ACLs), commercial quotas                  confidential business information, or                   38 should form the basis for revisions to
                                                      and recreational annual catch targets                   otherwise sensitive information                         the overfishing limit (OFL), acceptable
                                                      (ACTs) for Atlantic migratory group                     submitted voluntarily by the sender will                biological catch (ABC), and ACLs for the
                                                      king mackerel; allow limited retention                  be publicly accessible. NMFS will                       two migratory groups of king mackerel.
                                                      and sale of Atlantic migratory group                    accept anonymous comments (enter ‘‘N/                   SEDAR 38 also provided genetic
                                                      king mackerel incidentally caught in the                A’’ in required fields if you wish to                   information on king mackerel, which
                                                      shark gillnet fishery; establish a                      remain anonymous).                                      indicated that the Councils’


                                                 VerDate Sep<11>2014   18:54 Dec 28, 2016   Jkt 241001   PO 00000   Frm 00031   Fmt 4702    Sfmt 4702   E:\FR\FM\29DEP1.SGM   29DEP1



Document Created: 2016-12-29 01:58:30
Document Modified: 2016-12-29 01:58:30
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule and 12-month petition finding; request for comments.
DatesWe will accept comments received or postmarked on or before February 27, 2017. Please note that if you are using the Federal
ContactAdam Zerrenner, Field Supervisor, U.S. Fish and Wildlife Service, Austin Ecological Services Field Office, 10711 Burnet Rd., Suite 200, Austin, TX 78727; telephone 512-490-0057; or facsimile 512-490-0974. Persons who use a telecommunications device for the deaf (TDD) may call the Federal Information Relay Service (FIRS) at 800-877-8339.
FR Citation81 FR 95932 
RIN Number1018-BB90
CFR AssociatedEndangered and Threatened Species; Exports; Imports; Reporting and Recordkeeping Requirements and Transportation

2024 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR