[Federal Register Volume 74, Number 177 (Tuesday, September 15, 2009)]
[Rules and Regulations]
[Pages 47112-47117]
From the Federal Register Online via the Government Publishing 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 http://www.regulations.gov and at http://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:
    <bullet> Abaxial spines are typically single and often longer than 
lateral spines.
    <bullet> 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
----------------------------------------------------------------------------------------------------------------
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
----------------------------------------------------------------------------------------------------------------
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
----------------------------------------------------------------------------------------------------------------
Areoles                                Pubescent in juvenile    Not pubescent in         Not pubescent in
                                        individuals              juvenile individuals     juvenile individuals
----------------------------------------------------------------------------------------------------------------

[[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
----------------------------------------------------------------------------------------------------------------
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
----------------------------------------------------------------------------------------------------------------
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
----------------------------------------------------------------------------------------------------------------
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
----------------------------------------------------------------------------------------------------------------
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
----------------------------------------------------------------------------------------------------------------
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
----------------------------------------------------------------------------------------------------------------
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
----------------------------------------------------------------------------------------------------------------
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
----------------------------------------------------------------------------------------------------------------
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
----------------------------------------------------------------------------------------------------------------
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
----------------------------------------------------------------------------------------------------------------

[[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
----------------------------------------------------------------------------------------------------------------
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
----------------------------------------------------------------------------------------------------------------

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) * * *

--------------------------------------------------------------------------------------------------------------------------------------------------------
                    Species
------------------------------------------------  Historic range        Family            Status         When listed        Critical      Special rules
       Scientific name            Common name                                                                               habitat
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                    FLOWERING PLANTS
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                       * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Sclerocactus brevispinus       Pariette cactus   U.S.A. (UT)       Cactaceae         T                 59               NA               NA
--------------------------------------------------------------------------------------------------------------------------------------------------------
Sclerocactus glaucus           Colorado          U.S.A. (CO)       Cactaceae         T                 59               NA               NA
                                hookless cactus
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                       * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Sclerocactus wetlandicus       Uinta Basin       U.S.A. (UT)       Cactaceae         T                 59               NA               NA
                                hookless cactus
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                       * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------



[[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