Endangered and Threatened Wildlife and Plants; Taxonomic Change of Sclerocactus Glaucus, 47112-47117 [E9-22125]
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Federal Register / Vol. 74, No. 177 / Tuesday, September 15, 2009 / Rules and Regulations
contractor in writing to retain all or part of
the excess Government Property under the
current contract for possible future
requirements.
(ii) Return to EPA. When Government
property is identified as excess, the CO may
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those items to EPA inventory. The contractor
shall ship/deliver the property in accordance
with the instructions provided by the CO.
(iii) Transfer. When Government property
is identified as excess, the CO may direct the
contractor in writing to transfer the property
to another EPA contractor. The contractor
shall transfer the property by shipping it in
accordance with the instructions provided by
the CO. To effect transfer of accountability,
the contractor shall provide the recipient of
the property with the applicable data
elements set forth in Attachment 1 of this
clause.
(iv) Sale. If GSA or the DCMA PLCO
conducts a sale of the excess Government
property, the contractor shall allow
prospective bidders access to property
offered for sale.
(v) Abandonment. Abandoned property
must be disposed of in a manner that does
not endanger the health and safety of the
public. If the contract is delegated to DCMA
and the contractor has input EPA property
into the PCARSS system, the EPA Property
Utilization Officer (PUO) shall notify the CO.
The CO shall notify the contractor in writing
of those items EPA would like to retain, have
returned or transferred to another EPA
contractor. The contractor shall notify the
DCMA PLCO and request withdrawal of
those items from the inventory schedule. The
contractor shall update the Government
property record to indicate the disposition of
the item and to close the record. The
contractor shall also obtain either a signed
receipt or proof of shipment from the
recipient. The contractor shall notify the CO
when all actions pertaining to disposition
have been completed. The contractor shall
complete an EPA Property report with
changes, to include supporting
documentation of completed disposition
actions and submit it to the CPC.
9. Decontamination. In addition to the
requirements of the ‘‘Government Property’’
clause and prior to performing disposition of
any EPA Government Property, the
contractor shall certify in writing that the
property is free from contamination by any
hazardous or toxic substances.
10. Contract Closeout. The contractor shall
complete a physical inventory of all
Government property at contract completion
and the results, including any discrepancies,
shall be reported to the CO. If the contract
is delegated to DCMA, the physical inventory
report will be submitted to the EPA CO and
a copy submitted to the DCMA PA. In the
case of a terminated contract, the contractor
shall comply with the inventory
requirements set forth in the applicable
termination clause. The results of the
inventory, as well as a detailed inventory
listing, must be forwarded to the CO and if
delegated, a copy to the DCMA PA. In order
to expedite the disposal process, contractors
may be required to, or may elect to submit
to the CPC, an inventory schedule for
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disposal purposes up to six (6) months prior
to contract completion. If such an inventory
schedule is prepared, the contractor must
indicate the earliest date that each item may
be disposed. The contractor shall update all
property records to show disposal action.
The contractor shall notify the CO, and, if
delegated, the DCMA PA, in writing, when
all work has been completed under the
contract and all Government property
accountable to the contract has been
disposed. The contractor shall complete a
FINAL EPA Property report with all
supporting documentation to the CPC.
1552.245–72 and 1552.245–73
Attachment 1
Required Data Element—In addition to the
requirements of FAR 52.245–1(f)(vi), Reports
of Government Property, the contractor is
required to maintain, and report the
following data elements for EPA Government
property (all elements are not applicable to
material): Name and address of the
administrative Contracting Officer; Name of
the contractor representative; Business type;
Name and address of the contract property
coordinator; Superfund (Yes/No); No. of
Subcontractor/Alternate Locations.
Note: For items comprising a system which
is defined as, ‘‘a group of interacting items
functioning as a complex whole,’’ the
contractor may maintain the record as a
system noting all components of the system
under the main component or maintain
individual records for each item. However,
for the Annual Report of Government
Property, the components must be reported
as a system with one total dollar amount for
the system, if that system total is $25,000 or
more.
49 CFR Part 393
(End of clause)
■ 5. Revise section 1552.245–71 to read
as follows:
[FWS-R6-ES-2009-0035]
[MO9221050083-B2]
1552.245–71
Government-furnished data.
As prescribed in 1545.107(b), insert
the following contract clause in any
contract that the Government is to
furnish the Contractor data. Identify in
the clause the data to be provided.
Government-Furnished Data
(a) The Government shall deliver to the
Contractor the Government-furnished data
described in the contract. If the data, suitable
for its intended use, is not delivered to the
Contractor, the Contracting Officer shall
equitably adjust affected provisions of this
contract in accordance with the ‘‘Changes’’
clause when:
(1) The Contractor submits a timely written
request for an equitable adjustment; and
(2) The facts warrant an equitable
adjustment.
(b) Title to Government-furnished data
shall remain in the Government.
(c) The Contractor shall use the
Government-furnished data only in
connection with this contract.
(d) The following data will be furnished to
the Contractor on or about the time indicated:
(End of clause)
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6. Remove sections 1552.245–72 and
1552.245–73.
■
[FR Doc. E9–22038 Filed 9–14–09; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
Parts and Accessories Necessary for
Safe Operation; Lamps and Reflective
Devices
CFR Correction
In Title 49 of the Code of Federal
Regulations, Parts 300 to 399, revised as
of October 1, 2008, in § 393.11, on page
375, remove paragraph (d) and on page
377, revise the heading of Table 1 to
read ‘‘Table 1 of § 393.11—Required
Lamps and Reflectors on Commercial
Motor Vehicles’’.
[FR Doc. E9–22259 Filed 9–14–09; 8:45 am]
BILLING CODE 1505–01–D
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
RIN 1018-AW24
Endangered and Threatened Wildlife
and Plants; Taxonomic Change of
Sclerocactus Glaucus to Three
Separate Species
AGENCY: Fish and Wildlife Service,
Interior.
ACTION: Final rule.
SUMMARY: We, the U.S. Fish and
Wildlife Service (Service), announce the
revised taxonomy of Sclerocactus
glaucus (Uinta Basin hookless cactus)
under the Endangered Species Act of
1973, as amended (Act). We determine
that S. glaucus (previously considered a
complex), which is currently listed as a
threatened species, is actually three
distinct species: S. brevispinus, S.
glaucus, and S. wetlandicus. We are
revising the List of Endangered and
Threatened Plants to reflect the
scientifically accepted taxonomy and
nomenclature of these species. In
addition, we revise the common names
for these species as follows: S.
brevispinus (Pariette cactus), S. glaucus
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(Colorado hookless cactus), and S.
wetlandicus (Uinta Basin hookless
cactus). These three species will
continue to be listed as threatened with
no regulatory changes.
DATES: This rule is effective on October
15, 2009.
ADDRESSES: Comments and materials
received, as well as supporting
documentation used in the preparation
of this final rule, are available for public
inspection, by appointment, during
normal business hours, at the Utah Field
Office, U.S. Fish and Wildlife Service,
2369 W. Orton Circle, Suite 50, West
Valley City, UT 84119; telephone 801975-3330. The final rule is also available
on the Internet at https://
www.regulations.gov and at https://
www.fws.gov/mountain-prairie/species/
plants/pariettecactus/.
FOR FURTHER INFORMATION CONTACT:
Larry Crist, Field Supervisor, Utah Field
Office (see ADDRESSES) (telephone 801975-3330). People who use a
telecommunications device for the deaf
(TDD) may call the Federal Information
Relay Service (FIRS) at 800-877-8339.
SUPPLEMENTARY INFORMATION:
srobinson on DSKHWCL6B1PROD with RULES
Background
Section 17.12(b) of Title 50 of the
Code of Federal Regulations (CFR)
requires us to use the most recently
accepted scientific name of any species
determined by the Service to be an
endangered or threatened species. This
final rule documents a taxonomic
change (scientific and common names)
to an entry on the List of Endangered
and Threatened Plants (50 CFR
17.12(h)). We find that Sclerocactus
glaucus (Uinta Basin hookless cactus),
as listed under section 4 of the Act (16
U.S.C. 1531 et seq.), is three separate
species: S. brevispinus (Pariette cactus),
S. glaucus (Colorado hookless cactus),
and S. wetlandicus (Uinta Basin
hookless cactus). Previously, these three
species were scientifically classified
under the single scientific name of S.
glaucus (Benson 1966, pp. 50-57; 1982,
pp. 728-729). We make this change to
the List of Endangered and Threatened
Plants (50 CFR 17.12(h)) to reflect the
most recently accepted scientific names
in accordance with 50 CFR 17.12(b).
These three species will now be listed
as threatened under the Act until we
conduct a five-factor analysis for each
species. As soon as our staff and
funding resources allow, we will
publish a document in the Federal
Register that provides the updated fivefactor analysis and the prudency
determination for critical habitat for
each of the three species, and requests
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public comment on our analyses and
prudency determinations.
Previous Federal Actions
On October 11, 1979, we published a
final rule listing Sclerocactus glaucus
(Uinta Basin hookless cactus) as
threatened (44 FR 58868).
On February 3, 1997, we received a
petition from the National Wilderness
Institute to remove Sclerocactus glaucus
from the List of Endangered and
Threatened Plants. On April 25, 2005,
we received a petition from the Center
for Native Ecosystems and the Utah
Native Plant Society requesting that we
list S. brevispinus (Pariette cactus) as an
endangered or threatened species under
the Act (independent of its current
listing as threatened as part of S.
glaucus) and that we designate critical
habitat.
On December 14, 2006, we published
a 90–day finding on both petitions (71
FR 75215). First, we found that the
petition to remove Sclerocactus glaucus
from the List of Endangered and
Threatened Plants did not provide
substantial information to indicate that
delisting may be warranted. Second, we
found that the petition to list S.
brevispinus (Pariette cactus) as an
endangered or threatened species
provided substantial information to
indicate that independent listing of S.
brevispinus as endangered or threatened
may be warranted, and we initiated a
status review. In addition, we found that
emergency listing of S. brevispinus was
not warranted, and that designation of
critical habitat was not prudent.
Further, we defined our understanding
of the ‘‘Sclerocactus glaucus complex’’
as including the three Sclerocactus
species: S. brevispinus, S. glaucus, and
S. wetlandicus.
On September 18, 2007, we published
a 12–month finding (72 FR 53211) on
Sclerocactus brevispinus (Pariette
cactus). We found that reclassifying S.
brevispinus as a single species and
listing that species as endangered was
warranted, but precluded by higher
priority actions to amend the Lists of
Endangered and Threatened Wildlife
and Plants. However, S. brevispinus
remains listed as threatened as part of
the S. glaucus (Uinta Basin hookless
cactus) complex.
The September 18, 2007, publication
(72 FR 53211) also announced our
proposal to revise the taxonomy of
Sclerocactus glaucus (Uinta Basin
hookless cactus) to recognize three
separate species. In accordance with the
best available scientific information, we
proposed to recognize three distinct
species and assign the following
common names: S. brevispinus (Pariette
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cactus), S. glaucus (Colorado hookless
cactus), and S. wetlandicus (Uinta Basin
hookless cactus). We also stated that S.
glaucus and S. wetlandicus continued to
meet the definition of ‘‘threatened’’
under the Act, and that listing S.
brevispinus as endangered under the
Act was warranted, but precluded by
higher priority actions.
Comments on Proposed Taxonomic
Classification
Peer Review
In accordance with our joint policy
published in the Federal Register on
July 1, 1994 (59 FR 34270), and based
on our implementation of the Office of
Management and Budget’s Final
Information Quality Bulletin for Peer
Review, dated December 16, 2004, we
sought the expert opinions of
appropriate and independent specialists
regarding the science in our proposed
rule. The basis for the proposed
taxonomic change has appeared in peerreviewed journals (Succulenta, A Utah
Flora, Flora of North America). In
addition, we solicited the opinions of
seven specialists in general plant
taxonomy, and the taxonomy and
ecology of the Sclerocactus glaucus in
particular. We received peer reviews
from three individuals, Dr. Bruce
Glisson, Dr. Leila Shultz, and Professor
Kenneth Heil. All agreed with our
taxonomic analysis of the ‘‘Sclerocactus
glaucus complex’’ and its component
species.
Other Comments
We received three comments from the
public on our proposal to designate
Sclerocactus brevispinus, S. glaucus,
and S. wetlandicus as separate species
under the Act. All three comments
indicated strong agreement with the
proposed taxonomic changes and with
listing S. brevispinus as endangered. All
three comments also expressed concern
about the ‘‘warranted but precluded’’
finding for S. brevispinus, because the
commenters believed that listing the
species as endangered should not be
delayed.
Species Information
Taxonomic Classification
The original listing rule for
Sclerocactus glaucus (44 FR 58868;
October 11, 1979) included all hookless
(straight central spines) Sclerocactus
populations at the extreme periphery of
the Sclerocactus distribution in western
Colorado and northeastern Utah, and
referred to them as S. glaucus per
Benson (1966, pp. 50-57; 1982, pp. 728729). This taxonomic classification is no
longer supported by the results of
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genetic and morphological research. The
separation of S. glaucus into three
species (S. brevispinus, S. glaucus, and
S. wetlandicus) is reinforced by recent
genetic studies (Porter et al. 2000, pp.
14, 16; Porter et al. 2007, pp. 8, 9, 11,
15, 23), common garden experiments (to
determine in a controlled environment
whether plants exhibit different
morphological characteristics when
grown under different conditions)
¨
(Hochstatter 1993b, pp. 94, 98; Welsh et
al. 2003, p. 79), and a reevaluation of
morphological characteristics (Heil and
¨
Porter 2004, pp. 200-201; Hochstatter
¨
1989, pp. 123-125; Hochstatter 1993a,
¨
pp. 85-92; Hochstatter 1993b, pp. 93, 97,
99; Porter et al. 2007, pp. 13, 15, 24-25).
Revisions to the taxonomy of
Sclerocactus glaucus began in 1989
¨
(Hochstatter 1989, pp. 123-125;
¨
Hochstatter 1993a , pp. 85-92;
¨
Hochstatter 1993b, pp. 91-92; Heil and
Porter 1994, pp. 25-27; Porter et al.
2000, pp. 8-23; Welsh et al. 2003, p. 79).
By 2004, the Flora of North America
recognized the plant S. glaucus (that we
listed in 1979; 44 FR 58868; October 11,
1979) as three distinct species: S.
brevispinus (Pariette cactus), S. glaucus
(Uinta Basin hookless cactus), and S.
wetlandicus (no common name). The
Flora of North America (Heil and Porter
2004, pp. 197-207) recognizes 15 species
in the genus Sclerocactus, including S.
brevispinus, S. glaucus, and S.
wetlandicus.
Sclerocactus brevispinus (Pariette
cactus) is a morphologically unique
Sclerocactus population, occurring only
in the Pariette Draw in the central Uinta
Basin in Utah. This cactus is much
smaller than either S. glaucus or S.
wetlandicus and retains the vegetative
characteristics of juvenile S.
wetlandicus individuals in adult
flowering plants. At the time of the
species listing in 1979, these smaller
individuals were thought to represent
an ecotypic variation of S. glaucus. This
unique cactus from Pariette Draw has
been variously named S. wetlandicus
¨
var. ilseae (Hochstatter 1993b, pp. 9597), S. brevispinus (Heil and Porter
1994, p. 26), and S. whipplei var. ilseae
(Welsh et al. 2003, p. 79). We have
adopted the taxonomic nomenclature
accepted by the Flora of North America
(Heil and Porter 2004, pp. 197-207) and
adopt a new common name: S.
brevispinus (Pariette cactus).
Sclerocactus glaucus (former common
name was Uinta Basin hookless cactus;
now Colorado hookless cactus) is
endemic to western Colorado. Its former
common name in the List of Endangered
and Threatened Plants referred to a
geographical area in Utah. Therefore,
the common name was a misnomer that
more accurately applies to S.
wetlandicus (which formerly had no
common name). Colorado hookless
cactus is a more applicable common
name for S. glaucus.
Sclerocactus wetlandicus (new
common name is Uinta Basin hookless
cactus) was first described in 1989
¨
(Hochstatter 1993b, pp. 91-92), and
comprises the bulk of the previously
termed Uinta Basin hookless cactus
complex in Utah (in the Uinta Basin
proper). Its population is significantly
disjunct from that of S. glaucus in
Colorado. The common name ‘‘Uinta
Basin hookless cactus’’ is appropriate
for this species.
Species Descriptions
Cacti species of the Uinta Basin
hookless cactus complex are a small
ball- or barrel-shaped cactus, usually
with straight (‘‘hookless’’ as opposed to
‘‘fishhook’’ in most other species within
the genus) central spines. Benson (1966,
p. 53) describes Sclerocactus glaucus as
a leafless, succulent plant in the cactus
family; with solitary, ovoid to nearly
globular stems that are 3.8 to 17.8
centimeters (cm) (1.5 to 7 inches (in))
tall and 2.5 to 11.4 cm (1 to 4.5 in) in
diameter; with about 12 ribs with spine
clusters born on tubercles (short
protuberances) arising from the ribs.
These cacti have two types of spines
(radial and central) and two types of
central spines (abaxial and lateral).
These spines are defined by size and
position on the plant:
(1) The 4 to 12 radial spines radiate
around the margin of the areole (a
distinct non-photosynthetic surface area
bearing spines), extend in a plane
roughly parallel to the body of the plant,
and are usually white, less than 2.5 cm
(1 in) in length, and much finer and
shorter than the dark central spines.
(2) The central spines number from 1
to 4 (sometimes absent), are 2.5 to 3.8
cm (1 to 1.5 in) long (generally longer
than radial spines), and extend from the
center of the areole. The central spines
include abaxial and lateral forms:
• Abaxial spines are typically single
and often longer than lateral spines.
• Lateral spines are often displayed in
pairs on either side of the abaxial spine.
Flowers have numerous pinkish to
lavender perianth parts (sepaloids [outer
whorls, usually greenish] and petaloids
[inner whorls, usually non-green]) and
are 2.5 to 5.1 cm (1 to 2 in) in diameter
and length. Flower stamens are
numerous, with yellow anthers (the
male pollen-bearing structures) and
green filaments (structures that display
the anthers). The fruit is barrel-shaped,
0.8 to 1.3 cm (0.3 to 0.5 in) long, and
about 0.8 cm (0.3 in) in diameter. The
seeds are small and black.
The revised species descriptions in
Table 1 are based on those by
¨
Hochstatter (2005, pp. 14-18, 37-38) and
Heil and Porter (2004, pp. 200-201) as
used in the Flora of North America.
TABLE 1: COMPARISON OF MORPHOLOGY FOR THREE Sclerocactus SPECIES.
Sclerocactus glaucus
Sclerocactus wetlandicus
Sclerocactus brevispinus
Plant Description
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Characteristic
Leafless, stem-succulent plant with
short cylindrical to ovoid body, usually 3 to12 cm (1.2 to 4.8 in) tall, but
up to 30 cm (12 in) tall; 4 to 9 cm
(1.6 to 3.6 in) diameter; with 8 to 15
(usually 12 or 13) tubercle-bearing
ribs
Leafless, stem-succulent plant with
short, cylindrical to elongate-cylindrical body, usually 3 to 15 cm (1.2
to 6.0 in) tall, but up to 25 cm (10
in)); 4 to 12 cm (1.6 to 4.8 in) diameter; with 12 to 15 tubercle-bearing ribs
Leafless, stem-succulent plant with a
depressed-spherical to short-cylindrical body, usually 2.5 to 8.5 cm
(1.0 to 3.4 in) tall, but most individuals less than 5 cm (2.0 in)); 1.8 to
7.5 cm (0.7 to 3.0 in) in diameter
(most individuals less than 5 cm
(2.0 in)); with (usually) 13 tuberclebearing ribs
Spines
Spines occur in clusters within the
areoles at tip of tubercles
Spines occur in clusters within the
areoles at tip of tubercles
Spines occur in clusters within the
areoles at tip of tubercles
Areoles
Pubescent in juvenile individuals
Not pubescent in juvenile individuals
Not pubescent in juvenile individuals
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TABLE 1: COMPARISON OF MORPHOLOGY FOR THREE Sclerocactus SPECIES.—Continued
Sclerocactus glaucus
Sclerocactus wetlandicus
Sclerocactus brevispinus
Radial Spines
2 to 12 (usually 6 to 8) per cluster;
white or gray to light brown; up to
17 millimeters (mm) (0.67 in) long;
less than 1 mm (0.04 in) in diameter
6 to 14 (usually 6 to 10) per cluster;
white, or gray to light brown (rarely
black), up to 6 to 20 mm (0.24 to
0.8 in) long; less than 0.6 mm (0.01
in) in diameter
5 to 13 (usually 6 or 7) per cluster;
white or gray-to-light brown, up to 5
to 15 mm (0.2 to 0.6 in) long; less
than 1 mm (0.04 in) in diameter
Central Spines
Longer and heavier than radial spines;
numbering one to five (usually three:
one abaxial and two lateral), 12 to
50 mm (0.5 to 2.0 in) long, and 0.8
to 1.8 mm (0.03 to 0.07 in) thick
Usually longer and heavier than radial
spines, numbering one to five (usually three: one abaxial and two lateral), are 15 to 30 mm (0.5 to 2.0
in) long, and 0.5 to 1.8 mm (0.02 to
0.07 in) thick
Usually longer and heavier than radial
spines, numbering 0 to 3 (usually 1:
the abaxial, rarely with two laterals),
2 to 5 mm (0.08 to 0.2 in) long, and
0.5 to 1.8 mm (0.02 to 0.07 in) thick
Abaxial Spines
Usually solitary (sometimes lacking)
and ascending toward the apex of
the plant body with its tip noticeably
bent at an angle usually less than
90 degrees
Usually solitary (sometimes lacking or
double), and ascending toward the
apex of the plant body with its tip
usually noticeably bent at an angle
usually less than 90 degrees (sometimes straight, or rarely hooked up
to 180 degrees)
Solitary (sometimes lacking) and usually descending away from the apex
of the plant body with entire spine
bent or in short spines (1 to 3 mm
(0.04 to 0.12 in) long), strongly
hooked with the tip almost touching
the surface of the areole
Lateral Spines
Usually displayed in pairs on either
side of the abaxial spine; they are of
approximately the same length and
thickness but are relatively straight
without obvious bent tip of the abaxial spine; these diverge from abaxial spine at an acute angle, usually between 20 and 50 degrees
Usually displayed in pairs on either
side of the abaxial spine and are of
approximately same length and
thickness but are more or less
straight without obvious bent tip of
abaxial spine; these diverge from
the abaxial spine at acute angle,
usually between 20 and 50 degrees
Usually absent; when present, are on
either side of abaxial spine and are
of approximately same length and
thickness, more or less straight without the obvious bend or hook of abaxial spine, and diverge from abaxial spine at acute angle (usually
between 20 and 50 degrees)
Flowers
Fragrant and funnelform (funnelshaped) or rarely campanulate (bellshaped), 3 to 6 cm (1.2 to 2.4 in)
long, and 3 to 5 cm (1.2 to 2.0 in) in
diameter
Fragrant and funnelform, 2 to 5 cm
(0.8 to 2 in) long and 2 to 5 cm (0.8
to 2 in) in diameter
Campanulate 1.0 to 1.5 cm (0.4 to 0.6
in) (occasionally up to 3 cm (1.2 in))
high, and 1.2 to 3 cm (0.4 to 1.2 in)
in diameter
Tepals (the
colored corolla
parts of the
cactus flower)
Consist of two whorls. Outer: 20 to 30
tepals; have broad, greenish-lavender midstripe with pink margins,
and are oblanceolate; tepals transition from small, leaf-like scales low
on the floral tube to petal-like structures near rim of floral tube; are 4 to
30 mm (0.16 to 1.2 in) long and 4 to
6 mm (0.16 to 0.24 in) wide. Inner:
12 to 20 tepals, pale pink to dark
pink, oblanceolate to lanceolate, and
25 to 35 mm (1 to 1.4 in) long and 4
to 6 mm (0.16 to 0.24 in) wide;
borne at rim of floral tube
Consist of two whorls. Outer: 20 to 30
tepals; have broad, brownish-lavender midstripe with pink to violet
margins; oblanceolate, transition
from small leaf-like scales low on
the floral tube to petal-like structures
near the rim of the floral tube, and
are 4 to 30 mm (0.16 to 1.2 in) long
and 4 to 6 mm (0.16 to 0.24 in)
wide. Inner: 12 to 20 tepals; pink to
violet, oblanceolate to lanceolate,
are 17 to 30 mm (0.67 to 1.2 in)
long, and 3 to 6 mm (0.12 to 0.24
in) wide; borne at rim of floral tube
Consist of two whorls. Outer: 20 to 30
tepals; greenish to purple with a
brownish midstripe and pink or purple margins; oblanceolate and transition from small, leaf-like scales low
on the floral tube to petal-like structures near the rim of the floral tube;
4 to 16 mm (0.16 to 0.63 in) long
and 2 to 6 mm (0.08 to 0.24 in)
wide. Inner: 12 to 20 tepals; pink to
purple, oblanceolate to lanceolate,
10 to 22 mm (0.40 to 0.87 in) long
and 3 to 7 mm (0.12 to 0.28 in)
wide; borne at rim of floral tube
Stamens
Numerous, have yellow anthers
a:ttached by filaments (from green
to white) to the interior surface of
the floral tube
Numerous, with yellow anthers attached by green-to-white filaments
to the interior surface of the floral
tube
Numerous, with yellow anthers attached by green-to-white filaments
to the interior surface of the floral
tube
Floral Tube
Arises from upper margin of the seedproducing ovary
Arises from upper margin of the seedproducing ovary
Arises from the upper margin of the
seed-producing ovary
Ovary
srobinson on DSKHWCL6B1PROD with RULES
Characteristic
Bears one style (from pink to yellow)
with stigma of about 12 lobes. After
pollination, ovary ripens into dry fruit
in approximately 4 to 6 weeks, with
15 to 30 seeds turning from green
to brown
Bears one style (from pink to yellow)
with stigma of about 12 lobes. After
pollination, ovary ripens into dry fruit
in about 4 to 6 weeks, with 15 to 30
seeds turning from green to brown
Bears one style (from pink to yellow)
with stigma of about 12 lobes. After
pollination, ovary ripens into dry fruit
in about 4 to 6 weeks, with 15 to 30
seeds turning from green to brown
Fruit
Ovoid, barrel-shaped, 9 to 30 mm
(0.35 to 1.2 in) long (usually less
than 22 mm (0.87 in) long), and 8 to
12 mm (0.31 to 0.47 in) wide
Ovoid, barrel-shaped, 9 to 30 mm
(0.35 to 1.2 in) long (usually less
than 25 mm (1 in) long), and 7 to 12
mm (0.28 to 0.47 in) wide
Ovoid, barrel-shaped, 9 to 30 mm
(0.35 to 1.2 in) long (usually less
than 25 mm (1 in) long), and 7 to 12
mm (0.28 to 0.47 in) wide
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Federal Register / Vol. 74, No. 177 / Tuesday, September 15, 2009 / Rules and Regulations
TABLE 1: COMPARISON OF MORPHOLOGY FOR THREE Sclerocactus SPECIES.—Continued
Characteristic
Sclerocactus glaucus
Sclerocactus wetlandicus
Sclerocactus brevispinus
Seeds
Black, asymmetrically elongated, with
hilum (seed scar at point of attachment to ovary wall) near side of
smaller seed lobe; 1.5 mm (0.06 in)
wide and 2.5 mm (0.1 in) long; testa
(seed coat) covered by rounded
papillae
Black, asymmetrically elongated, with
hilum near side of smaller seed
lobe; 1.5 mm (0.06 in) wide and 2.5
mm (0.1 in) long; testa composed of
hexagonal papillae with flattened
tops
Black, asymmetrically elongated, with
hilum near the side of the smaller
seed lobe; 1.5 mm (0.06 in) wide
and 2.5 mm (0.1 in) long; testa composed of hexagonal papillae with
flattened tops
Main Differences
Seed characteristics with areole pubescence of juvenile individuals are
the most consistent morphological
characteristics separating S. glaucus
from S. wetlandicus and S.
brevispinus
Testa characteristics are the most
consistent morphological characteristics separating S. wetlandicus and
S. brevispinus from S. glaucus
Diminutive nature of central spines
and overall plant size are the most
consistent morphological characteristics separating S. brevispinus from
S. wetlandicus and S. glaucus.
Testa characteristics are the most
consistent morphological characteristics separating S. wetlandicus and
S. brevispinus from S. glaucus
Required Determinations
Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.)
This rule does not contain any new
collections of information that require
approval by OMB under the Paperwork
Reduction Act. This rule will not
impose recordkeeping or reporting
requirements on State or local
governments, individuals, businesses, or
organizations. An agency may not
conduct or sponsor, and a person is not
required to respond to, a collection of
information unless it displays a
currently valid OMB control number.
National Environmental Policy Act
We have determined that we do not
need to prepare an Environmental
Assessment or an Environmental Impact
Statement as defined under the
authority of the National Environmental
Policy Act of 1969, in connection with
regulations adopted 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
is available upon request from the
Supervisor at the U.S. Fish and Wildlife
Service, Utah Field Office (see
ADDRESSES).
Accordingly, we amend part 17,
subchapter B of chapter I, title 50 of the
Code of Federal Regulations, as set forth
below:
■
PART 17—[AMENDED]
1. The authority citation for part 17
continues to read as follows:
■
Authority: 16 U.S.C. 1361-1407; 16 U.S.C.
1531-1544; 16 U.S.C. 4201-4245; Pub. L. 99625, 100 Stat. 3500; unless otherwise noted.
2. Amend § 17.12(h) by revising the
entry for Sclerocactus glaucus, and by
adding entries for Sclerocactus
brevispinus and Sclerocactus
wetlandicus, in alphabetical order under
FLOWERING PLANTS, to the List of
Endangered and Threatened Plants, to
read as follows:
■
Authors
The authors of this document are the
staff members of the Utah Field Office
(see ADDRESSES).
List of Subjects in 50 CFR Part 17
Endangered and threatened species,
Exports, Imports, Reporting and
recordkeeping requirements,
Transportation.
■ Regulation Promulgation
§ 17.12
*
Endangered and threatened plants.
*
*
(h) * * *
*
Status
When
listed
Species
Historic range
Scientific name
Family
Common name
*
Critical
habitat
Special
rules
FLOWERING PLANTS
*
*
*
*
*
*
Sclerocactus brevispinus
Pariette cactus
U.S.A. (UT)
Cactaceae
T
59
NA
NA
Sclerocactus glaucus
Colorado hookless cactus
U.S.A. (CO)
Cactaceae
T
59
NA
NA
*
*
Sclerocactus wetlandicus
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*
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*
Uinta Basin hookless cactus
*
16:49 Sep 14, 2009
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*
U.S.A. (UT)
*
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*
Cactaceae
*
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*
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*
59
NA
*
NA
Federal Register / Vol. 74, No. 177 / Tuesday, September 15, 2009 / Rules and Regulations
Dated: August 24, 2009.
Will Shafroth,
Acting Director, U.S. Fish and Wildlife
Service.
[FR Doc. E9–22125 Filed 9–14–09; 8:45 am]
BILLING CODE 4310–55–S
2. You must remove all ice fishing shelters
and all other personal property from the
WPAs each day (see § 27.93 of this chapter).
3. Condition A5 applies.
*
*
*
*
*
[FR Doc. E9–22260 Filed 9–14–09; 8:45 am]
BILLING CODE 1505–01–D
DEPARTMENT OF THE INTERIOR
DEPARTMENT OF COMMERCE
Fish and Wildlife Service
50 CFR Part 32
National Oceanic and Atmospheric
Administration
2008–2009 Refuge-Specific Hunting
and Sport Fishing Regulations
50 CFR Part 648
[Docket No. 0809251266 81485 02]
CFR Correction
RIN 0648–XQ56
In Title 50 of the Code of Federal
Regulations, Parts 18 to 199, revised as
of October 1, 2008, on page 347, in
§ 32.42, following Big Stone National
Wildlife Refuge, reinstate Big Stone
Wetland Management District to read as
follows:
§ 32.42
srobinson on DSKHWCL6B1PROD with RULES
*
*
Minnesota.
*
*
*
Big Stone Wetland Management District
A. Migratory Game Bird Hunting. We allow
hunting of migratory game birds throughout
the district in accordance with State
regulations subject to the following
conditions:
1. We prohibit the use of motorized boats.
2. We prohibit the construction or use of
permanent blinds, stands, or scaffolds.
3. You must remove all personal property,
which includes boats, decoys, and blinds
brought onto the WPA each day (see §§ 27.93
and 27.94 of this chapter).
4. We allow the use of hunting dogs,
provided the dog is under the immediate
control of the hunter at all times during the
State-approved hunting season (see § 26.21(b)
of this chapter).
5. We prohibit camping.
B. Upland Game Hunting. We allow
upland game hunting throughout the district
in accordance with State regulations subject
to the following conditions: Conditions A4
and A5 apply.
C. Big Game Hunting. We allow big game
hunting throughout the district in accordance
with State regulations subject to the
following conditions:
1. Hunters may use portable stands.
Hunters may not construct or use permanent
blinds, permanent platforms, or permanent
ladders.
2. You must remove all stands and
personal property from the WPAs each day
(see §§ 27.93 and 27.94 of this chapter).
3. We prohibit hunters occupying ground
and tree stands that are illegally set up or
constructed.
4. Condition A5 applies.
D. Sport Fishing. We allow fishing
throughout the district in accordance with
State regulations subject to the following
conditions:
1. We prohibit the use of motorized boats.
VerDate Nov<24>2008
19:36 Sep 14, 2009
Jkt 217001
Fisheries of the Northeastern United
States; Scup Fishery; Adjustment to
the 2009 Winter II Quota
47117
Winter II quota of 1,349,751 lb (612 mt).
Because the amount transferred is less
than 499,999 lb (227 mt), the possession
limit per trip will remain 2,000 lb (907
kg) during the Winter II quota period,
consistent with the final rule Winter I to
Winter II possession limit increase table
(table 4) published in the 2009 final
scup specifications (74 FR 35, January 2,
2009).
Classification
This action is required by 50 CFR part
648 and is exempt from review under
Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: September 10, 2009.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries,
National Marine Fisheries Service.
[FR Doc. E9–22176 Filed 9–14–09; 8:45 am]
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; inseason
adjustment.
BILLING CODE 3510–22–S
SUMMARY: NMFS adjusts the 2009
Winter II commercial scup quota. This
action complies with Framework
Adjustment 3 (Framework 3) to the
Summer Flounder, Scup, and Black Sea
Bass Fishery Management Plan, which
established a process to allow the
rollover of unused commercial scup
quota from the Winter I period to the
Winter II period.
DATES: Effective September 15, 2009,
through December 31, 2009.
FOR FURTHER INFORMATION CONTACT:
Sarah Bland, Fishery Management
Specialist, (978) 281–9257.
SUPPLEMENTARY INFORMATION: NMFS
published a final rule in the Federal
Register on November 3, 2003 (68 FR
62250), implementing a process, for
years in which the full Winter I
commercial scup quota is not harvested,
to allow unused quota from the Winter
I period (January 1 through April 30) to
be added to the quota for the Winter II
period (November 1 through December
31), and to allow adjustment of the
commercial possession limits for the
Winter II period commensurate with the
amount of quota rolled over from the
Winter I period.
For 2009, the initial Winter II quota is
1,334,791 lb (605 mt), and the best
available landings information indicates
that 14,960 lb (7 mt) remain of the
Winter I quota of 3,777,443 lb (1,713
mt). Consistent with the intent of
Framework 3, the full amount of unused
2009 Winter I quota is transferred to
Winter II, resulting in a revised 2009
50 CFR Part 648
AGENCY:
PO 00000
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[Docket No.070817467–8554–02]
RIN 0648–XR58
Magnuson-Stevens Fishery
Conservation and Management Act
Provisions; Fisheries of the
Northeastern United States; Atlantic
Sea Scallop Fishery; Closure of the
Limited Access General Category
Scallop Fishery to Individual Fishing
Quota Scallop Vessels
AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
SUMMARY: NMFS announces that the
Limited Access General Category
(LAGC) scallop fishery will close to
individual fishing quota (IFQ) scallop
vessels (including vessels issued an IFQ
letter of authorization (LOA) to fish
under appeal), effective 0001 hours,
September 15, 2009, until it re-opens on
December 1, 2009, under current
regulations. This action is based on the
determination that the third quarter
scallop total allowable catch (TAC) for
LAGC IFQ scallop vessels is projected to
be landed. This will prevent IFQ scallop
vessels from exceeding the 2009 third
quarter TAC, in accordance with the
regulations implementing Amendment
11 to the Atlantic Sea Scallop Fishery
Management Plan (FMP), enacted by
Framework 19 to the FMP, and the
E:\FR\FM\15SER1.SGM
15SER1
]]>Agencies
[Federal Register Volume 74, Number 177 (Tuesday, September 15, 2009)]
[Rules and Regulations]
[Pages 47112-47117]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-22125]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[FWS-R6-ES-2009-0035]
[MO9221050083-B2]
RIN 1018-AW24
Endangered and Threatened Wildlife and Plants; Taxonomic Change
of Sclerocactus Glaucus to Three Separate Species
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce the
revised taxonomy of Sclerocactus glaucus (Uinta Basin hookless cactus)
under the Endangered Species Act of 1973, as amended (Act). We
determine that S. glaucus (previously considered a complex), which is
currently listed as a threatened species, is actually three distinct
species: S. brevispinus, S. glaucus, and S. wetlandicus. We are
revising the List of Endangered and Threatened Plants to reflect the
scientifically accepted taxonomy and nomenclature of these species. In
addition, we revise the common names for these species as follows: S.
brevispinus (Pariette cactus), S. glaucus
[[Page 47113]]
(Colorado hookless cactus), and S. wetlandicus (Uinta Basin hookless
cactus). These three species will continue to be listed as threatened
with no regulatory changes.
DATES: This rule is effective on October 15, 2009.
ADDRESSES: Comments and materials received, as well as supporting
documentation used in the preparation of this final rule, are available
for public inspection, by appointment, during normal business hours, at
the Utah Field Office, U.S. Fish and Wildlife Service, 2369 W. Orton
Circle, Suite 50, West Valley City, UT 84119; telephone 801-975-3330.
The final rule is also available on the Internet at https://www.regulations.gov and at https://www.fws.gov/mountain-prairie/species/plants/pariettecactus/.
FOR FURTHER INFORMATION CONTACT: Larry Crist, Field Supervisor, Utah
Field Office (see ADDRESSES) (telephone 801-975-3330). People who use a
telecommunications device for the deaf (TDD) may call the Federal
Information Relay Service (FIRS) at 800-877-8339.
SUPPLEMENTARY INFORMATION:
Background
Section 17.12(b) of Title 50 of the Code of Federal Regulations
(CFR) requires us to use the most recently accepted scientific name of
any species determined by the Service to be an endangered or threatened
species. This final rule documents a taxonomic change (scientific and
common names) to an entry on the List of Endangered and Threatened
Plants (50 CFR 17.12(h)). We find that Sclerocactus glaucus (Uinta
Basin hookless cactus), as listed under section 4 of the Act (16 U.S.C.
1531 et seq.), is three separate species: S. brevispinus (Pariette
cactus), S. glaucus (Colorado hookless cactus), and S. wetlandicus
(Uinta Basin hookless cactus). Previously, these three species were
scientifically classified under the single scientific name of S.
glaucus (Benson 1966, pp. 50-57; 1982, pp. 728-729). We make this
change to the List of Endangered and Threatened Plants (50 CFR
17.12(h)) to reflect the most recently accepted scientific names in
accordance with 50 CFR 17.12(b).
These three species will now be listed as threatened under the Act
until we conduct a five-factor analysis for each species. As soon as
our staff and funding resources allow, we will publish a document in
the Federal Register that provides the updated five-factor analysis and
the prudency determination for critical habitat for each of the three
species, and requests public comment on our analyses and prudency
determinations.
Previous Federal Actions
On October 11, 1979, we published a final rule listing Sclerocactus
glaucus (Uinta Basin hookless cactus) as threatened (44 FR 58868).
On February 3, 1997, we received a petition from the National
Wilderness Institute to remove Sclerocactus glaucus from the List of
Endangered and Threatened Plants. On April 25, 2005, we received a
petition from the Center for Native Ecosystems and the Utah Native
Plant Society requesting that we list S. brevispinus (Pariette cactus)
as an endangered or threatened species under the Act (independent of
its current listing as threatened as part of S. glaucus) and that we
designate critical habitat.
On December 14, 2006, we published a 90-day finding on both
petitions (71 FR 75215). First, we found that the petition to remove
Sclerocactus glaucus from the List of Endangered and Threatened Plants
did not provide substantial information to indicate that delisting may
be warranted. Second, we found that the petition to list S. brevispinus
(Pariette cactus) as an endangered or threatened species provided
substantial information to indicate that independent listing of S.
brevispinus as endangered or threatened may be warranted, and we
initiated a status review. In addition, we found that emergency listing
of S. brevispinus was not warranted, and that designation of critical
habitat was not prudent. Further, we defined our understanding of the
``Sclerocactus glaucus complex'' as including the three Sclerocactus
species: S. brevispinus, S. glaucus, and S. wetlandicus.
On September 18, 2007, we published a 12-month finding (72 FR
53211) on Sclerocactus brevispinus (Pariette cactus). We found that
reclassifying S. brevispinus as a single species and listing that
species as endangered was warranted, but precluded by higher priority
actions to amend the Lists of Endangered and Threatened Wildlife and
Plants. However, S. brevispinus remains listed as threatened as part of
the S. glaucus (Uinta Basin hookless cactus) complex.
The September 18, 2007, publication (72 FR 53211) also announced
our proposal to revise the taxonomy of Sclerocactus glaucus (Uinta
Basin hookless cactus) to recognize three separate species. In
accordance with the best available scientific information, we proposed
to recognize three distinct species and assign the following common
names: S. brevispinus (Pariette cactus), S. glaucus (Colorado hookless
cactus), and S. wetlandicus (Uinta Basin hookless cactus). We also
stated that S. glaucus and S. wetlandicus continued to meet the
definition of ``threatened'' under the Act, and that listing S.
brevispinus as endangered under the Act was warranted, but precluded by
higher priority actions.
Comments on Proposed Taxonomic Classification
Peer Review
In accordance with our joint policy published in the Federal
Register on July 1, 1994 (59 FR 34270), and based on our implementation
of the Office of Management and Budget's Final Information Quality
Bulletin for Peer Review, dated December 16, 2004, we sought the expert
opinions of appropriate and independent specialists regarding the
science in our proposed rule. The basis for the proposed taxonomic
change has appeared in peer-reviewed journals (Succulenta, A Utah
Flora, Flora of North America). In addition, we solicited the opinions
of seven specialists in general plant taxonomy, and the taxonomy and
ecology of the Sclerocactus glaucus in particular. We received peer
reviews from three individuals, Dr. Bruce Glisson, Dr. Leila Shultz,
and Professor Kenneth Heil. All agreed with our taxonomic analysis of
the ``Sclerocactus glaucus complex'' and its component species.
Other Comments
We received three comments from the public on our proposal to
designate Sclerocactus brevispinus, S. glaucus, and S. wetlandicus as
separate species under the Act. All three comments indicated strong
agreement with the proposed taxonomic changes and with listing S.
brevispinus as endangered. All three comments also expressed concern
about the ``warranted but precluded'' finding for S. brevispinus,
because the commenters believed that listing the species as endangered
should not be delayed.
Species Information
Taxonomic Classification
The original listing rule for Sclerocactus glaucus (44 FR 58868;
October 11, 1979) included all hookless (straight central spines)
Sclerocactus populations at the extreme periphery of the Sclerocactus
distribution in western Colorado and northeastern Utah, and referred to
them as S. glaucus per Benson (1966, pp. 50-57; 1982, pp. 728-729).
This taxonomic classification is no longer supported by the results of
[[Page 47114]]
genetic and morphological research. The separation of S. glaucus into
three species (S. brevispinus, S. glaucus, and S. wetlandicus) is
reinforced by recent genetic studies (Porter et al. 2000, pp. 14, 16;
Porter et al. 2007, pp. 8, 9, 11, 15, 23), common garden experiments
(to determine in a controlled environment whether plants exhibit
different morphological characteristics when grown under different
conditions) (Hochstatter 1993b, pp. 94, 98; Welsh et al. 2003, p. 79),
and a reevaluation of morphological characteristics (Heil and Porter
2004, pp. 200-201; Hochstatter 1989, pp. 123-125; Hochstatter 1993a,
pp. 85-92; Hochstatter 1993b, pp. 93, 97, 99; Porter et al. 2007, pp.
13, 15, 24-25).
Revisions to the taxonomy of Sclerocactus glaucus began in 1989
(Hochstatter 1989, pp. 123-125; Hochstatter 1993a , pp. 85-92;
Hochstatter 1993b, pp. 91-92; Heil and Porter 1994, pp. 25-27; Porter
et al. 2000, pp. 8-23; Welsh et al. 2003, p. 79). By 2004, the Flora of
North America recognized the plant S. glaucus (that we listed in 1979;
44 FR 58868; October 11, 1979) as three distinct species: S.
brevispinus (Pariette cactus), S. glaucus (Uinta Basin hookless
cactus), and S. wetlandicus (no common name). The Flora of North
America (Heil and Porter 2004, pp. 197-207) recognizes 15 species in
the genus Sclerocactus, including S. brevispinus, S. glaucus, and S.
wetlandicus.
Sclerocactus brevispinus (Pariette cactus) is a morphologically
unique Sclerocactus population, occurring only in the Pariette Draw in
the central Uinta Basin in Utah. This cactus is much smaller than
either S. glaucus or S. wetlandicus and retains the vegetative
characteristics of juvenile S. wetlandicus individuals in adult
flowering plants. At the time of the species listing in 1979, these
smaller individuals were thought to represent an ecotypic variation of
S. glaucus. This unique cactus from Pariette Draw has been variously
named S. wetlandicus var. ilseae (Hochstatter 1993b, pp. 95-97), S.
brevispinus (Heil and Porter 1994, p. 26), and S. whipplei var. ilseae
(Welsh et al. 2003, p. 79). We have adopted the taxonomic nomenclature
accepted by the Flora of North America (Heil and Porter 2004, pp. 197-
207) and adopt a new common name: S. brevispinus (Pariette cactus).
Sclerocactus glaucus (former common name was Uinta Basin hookless
cactus; now Colorado hookless cactus) is endemic to western Colorado.
Its former common name in the List of Endangered and Threatened Plants
referred to a geographical area in Utah. Therefore, the common name was
a misnomer that more accurately applies to S. wetlandicus (which
formerly had no common name). Colorado hookless cactus is a more
applicable common name for S. glaucus.
Sclerocactus wetlandicus (new common name is Uinta Basin hookless
cactus) was first described in 1989 (Hochstatter 1993b, pp. 91-92), and
comprises the bulk of the previously termed Uinta Basin hookless cactus
complex in Utah (in the Uinta Basin proper). Its population is
significantly disjunct from that of S. glaucus in Colorado. The common
name ``Uinta Basin hookless cactus'' is appropriate for this species.
Species Descriptions
Cacti species of the Uinta Basin hookless cactus complex are a
small ball- or barrel-shaped cactus, usually with straight
(``hookless'' as opposed to ``fishhook'' in most other species within
the genus) central spines. Benson (1966, p. 53) describes Sclerocactus
glaucus as a leafless, succulent plant in the cactus family; with
solitary, ovoid to nearly globular stems that are 3.8 to 17.8
centimeters (cm) (1.5 to 7 inches (in)) tall and 2.5 to 11.4 cm (1 to
4.5 in) in diameter; with about 12 ribs with spine clusters born on
tubercles (short protuberances) arising from the ribs.
These cacti have two types of spines (radial and central) and two
types of central spines (abaxial and lateral). These spines are defined
by size and position on the plant:
(1) The 4 to 12 radial spines radiate around the margin of the
areole (a distinct non-photosynthetic surface area bearing spines),
extend in a plane roughly parallel to the body of the plant, and are
usually white, less than 2.5 cm (1 in) in length, and much finer and
shorter than the dark central spines.
(2) The central spines number from 1 to 4 (sometimes absent), are
2.5 to 3.8 cm (1 to 1.5 in) long (generally longer than radial spines),
and extend from the center of the areole. The central spines include
abaxial and lateral forms:
Abaxial spines are typically single and often longer than
lateral spines.
Lateral spines are often displayed in pairs on either side
of the abaxial spine.
Flowers have numerous pinkish to lavender perianth parts (sepaloids
[outer whorls, usually greenish] and petaloids [inner whorls, usually
non-green]) and are 2.5 to 5.1 cm (1 to 2 in) in diameter and length.
Flower stamens are numerous, with yellow anthers (the male pollen-
bearing structures) and green filaments (structures that display the
anthers). The fruit is barrel-shaped, 0.8 to 1.3 cm (0.3 to 0.5 in)
long, and about 0.8 cm (0.3 in) in diameter. The seeds are small and
black.
The revised species descriptions in Table 1 are based on those by
Hochstatter (2005, pp. 14-18, 37-38) and Heil and Porter (2004, pp.
200-201) as used in the Flora of North America.
Table 1: Comparison of morphology for three Sclerocactus species.
----------------------------------------------------------------------------------------------------------------
Sclerocactus Sclerocactus
Characteristic Sclerocactus glaucus wetlandicus brevispinus
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Plant Description Leafless, stem- Leafless, stem- Leafless, stem-
succulent plant with succulent plant with succulent plant with a
short cylindrical to short, cylindrical to depressed-spherical to
ovoid body, usually 3 elongate-cylindrical short-cylindrical
to12 cm (1.2 to 4.8 body, usually 3 to 15 body, usually 2.5 to
in) tall, but up to 30 cm (1.2 to 6.0 in) 8.5 cm (1.0 to 3.4 in)
cm (12 in) tall; 4 to tall, but up to 25 cm tall, but most
9 cm (1.6 to 3.6 in) (10 in)); 4 to 12 cm individuals less than
diameter; with 8 to 15 (1.6 to 4.8 in) 5 cm (2.0 in)); 1.8 to
(usually 12 or 13) diameter; with 12 to 7.5 cm (0.7 to 3.0 in)
tubercle-bearing ribs 15 tubercle-bearing in diameter (most
ribs individuals less than
5 cm (2.0 in)); with
(usually) 13 tubercle-
bearing ribs
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Spines Spines occur in Spines occur in Spines occur in
clusters within the clusters within the clusters within the
areoles at tip of areoles at tip of areoles at tip of
tubercles tubercles tubercles
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Areoles Pubescent in juvenile Not pubescent in Not pubescent in
individuals juvenile individuals juvenile individuals
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[[Page 47115]]
Radial Spines 2 to 12 (usually 6 to 6 to 14 (usually 6 to 5 to 13 (usually 6 or
8) per cluster; white 10) per cluster; 7) per cluster; white
or gray to light white, or gray to or gray-to-light
brown; up to 17 light brown (rarely brown, up to 5 to 15
millimeters (mm) (0.67 black), up to 6 to 20 mm (0.2 to 0.6 in)
in) long; less than 1 mm (0.24 to 0.8 in) long; less than 1 mm
mm (0.04 in) in long; less than 0.6 mm (0.04 in) in diameter
diameter (0.01 in) in diameter
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Central Spines Longer and heavier than Usually longer and Usually longer and
radial spines; heavier than radial heavier than radial
numbering one to five spines, numbering one spines, numbering 0 to
(usually three: one to five (usually 3 (usually 1: the
abaxial and two three: one abaxial and abaxial, rarely with
lateral), 12 to 50 mm two lateral), are 15 two laterals), 2 to 5
(0.5 to 2.0 in) long, to 30 mm (0.5 to 2.0 mm (0.08 to 0.2 in)
and 0.8 to 1.8 mm in) long, and 0.5 to long, and 0.5 to 1.8
(0.03 to 0.07 in) 1.8 mm (0.02 to 0.07 mm (0.02 to 0.07 in)
thick in) thick thick
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Abaxial Spines Usually solitary Usually solitary Solitary (sometimes
(sometimes lacking) (sometimes lacking or lacking) and usually
and ascending toward double), and ascending descending away from
the apex of the plant toward the apex of the the apex of the plant
body with its tip plant body with its body with entire spine
noticeably bent at an tip usually noticeably bent or in short
angle usually less bent at an angle spines (1 to 3 mm
than 90 degrees usually less than 90 (0.04 to 0.12 in)
degrees (sometimes long), strongly hooked
straight, or rarely with the tip almost
hooked up to 180 touching the surface
degrees) of the areole
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Lateral Spines Usually displayed in Usually displayed in Usually absent; when
pairs on either side pairs on either side present, are on either
of the abaxial spine; of the abaxial spine side of abaxial spine
they are of and are of and are of
approximately the same approximately same approximately same
length and thickness length and thickness length and thickness,
but are relatively but are more or less more or less straight
straight without straight without without the obvious
obvious bent tip of obvious bent tip of bend or hook of
the abaxial spine; abaxial spine; these abaxial spine, and
these diverge from diverge from the diverge from abaxial
abaxial spine at an abaxial spine at acute spine at acute angle
acute angle, usually angle, usually between (usually between 20
between 20 and 50 20 and 50 degrees and 50 degrees)
degrees
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Flowers Fragrant and funnelform Fragrant and Campanulate 1.0 to 1.5
(funnel-shaped) or funnelform, 2 to 5 cm cm (0.4 to 0.6 in)
rarely campanulate (0.8 to 2 in) long and (occasionally up to 3
(bell-shaped), 3 to 6 2 to 5 cm (0.8 to 2 cm (1.2 in)) high, and
cm (1.2 to 2.4 in) in) in diameter 1.2 to 3 cm (0.4 to
long, and 3 to 5 cm 1.2 in) in diameter
(1.2 to 2.0 in) in
diameter
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Tepals (the colored corolla parts of Consist of two whorls. Consist of two whorls. Consist of two whorls.
the cactus flower) Outer: 20 to 30 Outer: 20 to 30 Outer: 20 to 30
tepals; have broad, tepals; have broad, tepals; greenish to
greenish-lavender brownish-lavender purple with a brownish
midstripe with pink midstripe with pink to midstripe and pink or
margins, and are violet margins; purple margins;
oblanceolate; tepals oblanceolate, oblanceolate and
transition from small, transition from small transition from small,
leaf-like scales low leaf-like scales low leaf-like scales low
on the floral tube to on the floral tube to on the floral tube to
petal-like structures petal-like structures petal-like structures
near rim of floral near the rim of the near the rim of the
tube; are 4 to 30 mm floral tube, and are 4 floral tube; 4 to 16
(0.16 to 1.2 in) long to 30 mm (0.16 to 1.2 mm (0.16 to 0.63 in)
and 4 to 6 mm (0.16 to in) long and 4 to 6 mm long and 2 to 6 mm
0.24 in) wide. Inner: (0.16 to 0.24 in) (0.08 to 0.24 in)
12 to 20 tepals, pale wide. Inner: 12 to 20 wide. Inner: 12 to 20
pink to dark pink, tepals; pink to tepals; pink to
oblanceolate to violet, oblanceolate purple, oblanceolate
lanceolate, and 25 to to lanceolate, are 17 to lanceolate, 10 to
35 mm (1 to 1.4 in) to 30 mm (0.67 to 1.2 22 mm (0.40 to 0.87
long and 4 to 6 mm in) long, and 3 to 6 in) long and 3 to 7 mm
(0.16 to 0.24 in) mm (0.12 to 0.24 in) (0.12 to 0.28 in)
wide; borne at rim of wide; borne at rim of wide; borne at rim of
floral tube floral tube floral tube
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Stamens Numerous, have yellow Numerous, with yellow Numerous, with yellow
anthers a:ttached by anthers attached by anthers attached by
filaments (from green green-to-white green-to-white
to white) to the filaments to the filaments to the
interior surface of interior surface of interior surface of
the floral tube the floral tube the floral tube
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Floral Tube Arises from upper Arises from upper Arises from the upper
margin of the seed- margin of the seed- margin of the seed-
producing ovary producing ovary producing ovary
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Ovary Bears one style (from Bears one style (from Bears one style (from
pink to yellow) with pink to yellow) with pink to yellow) with
stigma of about 12 stigma of about 12 stigma of about 12
lobes. After lobes. After lobes. After
pollination, ovary pollination, ovary pollination, ovary
ripens into dry fruit ripens into dry fruit ripens into dry fruit
in approximately 4 to in about 4 to 6 weeks, in about 4 to 6 weeks,
6 weeks, with 15 to 30 with 15 to 30 seeds with 15 to 30 seeds
seeds turning from turning from green to turning from green to
green to brown brown brown
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Fruit Ovoid, barrel-shaped, 9 Ovoid, barrel-shaped, 9 Ovoid, barrel-shaped, 9
to 30 mm (0.35 to 1.2 to 30 mm (0.35 to 1.2 to 30 mm (0.35 to 1.2
in) long (usually less in) long (usually less in) long (usually less
than 22 mm (0.87 in) than 25 mm (1 in) than 25 mm (1 in)
long), and 8 to 12 mm long), and 7 to 12 mm long), and 7 to 12 mm
(0.31 to 0.47 in) wide (0.28 to 0.47 in) wide (0.28 to 0.47 in) wide
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[[Page 47116]]
Seeds Black, asymmetrically Black, asymmetrically Black, asymmetrically
elongated, with hilum elongated, with hilum elongated, with hilum
(seed scar at point of near side of smaller near the side of the
attachment to ovary seed lobe; 1.5 mm smaller seed lobe; 1.5
wall) near side of (0.06 in) wide and 2.5 mm (0.06 in) wide and
smaller seed lobe; 1.5 mm (0.1 in) long; 2.5 mm (0.1 in) long;
mm (0.06 in) wide and testa composed of testa composed of
2.5 mm (0.1 in) long; hexagonal papillae hexagonal papillae
testa (seed coat) with flattened tops with flattened tops
covered by rounded
papillae
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Main Differences Seed characteristics Testa characteristics Diminutive nature of
with areole pubescence are the most central spines and
of juvenile consistent overall plant size are
individuals are the morphological the most consistent
most consistent characteristics morphological
morphological separating S. characteristics
characteristics wetlandicus and S. separating S.
separating S. glaucus brevispinus from S. brevispinus from S.
from S. wetlandicus glaucus wetlandicus and S.
and S. brevispinus glaucus. Testa
characteristics are
the most consistent
morphological
characteristics
separating S.
wetlandicus and S.
brevispinus from S.
glaucus
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Required Determinations
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.)
This rule does not contain any new collections of information that
require approval by OMB under the Paperwork Reduction Act. This rule
will not impose recordkeeping or reporting requirements on State or
local governments, individuals, businesses, or organizations. An agency
may not conduct or sponsor, and a person is not required to respond to,
a collection of information unless it displays a currently valid OMB
control number.
National Environmental Policy Act
We have determined that we do not need to prepare an Environmental
Assessment or an Environmental Impact Statement as defined under the
authority of the National Environmental Policy Act of 1969, in
connection with regulations adopted 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 is available upon request
from the Supervisor at the U.S. Fish and Wildlife Service, Utah Field
Office (see ADDRESSES).
Authors
The authors of this document are the staff members of the Utah
Field Office (see ADDRESSES).
List of Subjects in 50 CFR Part 17
Endangered and threatened species, Exports, Imports, Reporting and
recordkeeping requirements, Transportation.
0
Regulation Promulgation
0
Accordingly, we amend part 17, subchapter B of chapter I, title 50 of
the Code of Federal Regulations, as set forth below:
PART 17--[AMENDED]
0
1. The authority citation for part 17 continues to read as follows:
Authority: 16 U.S.C. 1361-1407; 16 U.S.C. 1531-1544; 16 U.S.C.
4201-4245; Pub. L. 99-625, 100 Stat. 3500; unless otherwise noted.
0
2. Amend Sec. 17.12(h) by revising the entry for Sclerocactus glaucus,
and by adding entries for Sclerocactus brevispinus and Sclerocactus
wetlandicus, in alphabetical order under FLOWERING PLANTS, to the List
of Endangered and Threatened Plants, to read as follows:
Sec. 17.12 Endangered and threatened plants.
* * * * *
(h) * * *
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Species
------------------------------------------------ Historic range Family Status When listed Critical Special rules
Scientific name Common name habitat
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FLOWERING PLANTS
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* * * * * *
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Sclerocactus brevispinus Pariette cactus U.S.A. (UT) Cactaceae T 59 NA NA
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Sclerocactus glaucus Colorado U.S.A. (CO) Cactaceae T 59 NA NA
hookless cactus
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* * * * * *
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Sclerocactus wetlandicus Uinta Basin U.S.A. (UT) Cactaceae T 59 NA NA
hookless cactus
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* * * * * *
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[[Page 47117]]
Dated: August 24, 2009.
Will Shafroth,
Acting Director, U.S. Fish and Wildlife Service.
[FR Doc. E9-22125 Filed 9-14-09; 8:45 am]
BILLING CODE 4310-55-S
