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DEPARTMENT OF THE INTERIOR Weber described this species in the eastern Pinal County, and northeastern ‘‘Cactus and Succulent Journal’’ in 1970 Pima County. Agave toumeyana ssp. Fish and Wildlife Service (Gentry and Weber 1970). This bella is restricted to the eastern slope of perennial succulent has leaves growing the Bradshaw Mountains in eastern 50 CFR Part 17 from the base in a small basal rosette Yavapai to northwestern and central to RIN 1018–AI79 (i.e., an arrangement of leaves radiating southern Gila County, and northeastern from a crown or center), and is Maricopa to northern Pinal County. Endangered and Threatened Wildlife approximately 20–35 centimeters (cm) A comparison of plant characters and Plants; Delisting of Agave (8–14 inches (in)) high and 30–40 cm showed Agave arizonica to be arizonica (Arizona agave) From the (12–16 in) wide. The leaves are dark intermediate to the other two agave Federal List of Endangered and green with a reddish-brown to light gray species with which it is always found in Threatened Wildlife and Plants border extending nearly to the base, association (DeLamater and Hodgson approximately 13–31 cm (5–12 in) long 1986). Pinkava and Baker (1985) AGENCY: Fish and Wildlife Service, and 2–3 cm (1 in) wide. The slender, suggested that plants recognized as Interior. branched flowering stalk is 2.5–4 meters Agave arizonica may be the result of ACTION: Final rule. (m) (8.2–13 feet (ft)) tall with urn- continuing production of hybrid shaped flowers 25–32 millimeters (mm) individuals rather than a distinct SUMMARY: We, the U.S. Fish and (1 in) long (Hodgson 1999). Some Wildlife Service (Service), under the species, based on observations that plants, including Agave arizonica, are hybrid individuals are found only Endangered Species Act of 1973, as able to produce copies of themselves amended (Act), have determined that it where the ranges of the putative parents without sexual reproduction. These overlap; they are found only in random, is appropriate to remove Agave copies (clones) may remain physically arizonica (Arizona agave) from the widely scattered locations of individual connected to the original plant plants and clones; their putative parents Federal List of Endangered and (vegetative offsets) or may be physically Threatened Wildlife and Plants. This have overlapping flowering periods; separate plants. Agave arizonica’s morphological determination is based on a thorough Agave arizonica is found on open review of all available data, which characters are intermediate between the slopes in chaparral or juniper grassland putative parents; and, they appeared to indicate that this plant is not a discrete in Gila, Maricopa, and Yavapai counties taxonomic entity and does not meet the be subfertile (reduced fertilization), between 1,100–1,750 m (3,600–5,800 ft) producing pollen with a low percent of definition of a species under the Act. in elevation. The plants are often found stainability (a measure of pollen Evidence collected subsequent to the associated with native junipers viability). Agave arizonica has the same listing indicates that plants attributed to (Juniperus spp.), mountain mahogany chromosome count ((2n) of 60) as both Agave arizonica do not constitute a (Cercocarpus montanus), Opuntia spp., of its parents which allows for distinct species but rather are sotol (Nolina microcarpa), and banana continued reproduction with its parents individuals that have resulted from yucca (Yucca baccata), among other (backcrossing). Polyploidy (a genetic recent and sporadic instances of species common to the chaparral/ variation wherein an individual plant hybridization between two species. juniper-oak transition (Hodgson and has more than the two normal sets of Current taxonomic practice is not to DeLamater 1988). There are estimated to homologous chromosomes) is one factor recognize such groups of individuals as be fewer than 100 plants in the wild, a species. Since Agave arizonica is not occurring mainly on the Tonto National in determining if a hybrid between two recognized as a species, it no longer Forest and a few locations on private species can become genetically stable. qualifies for protection under the Act. property. Agave arizonica plants are This condition is not present in the genetic constitution of Agave arizonica. DATES: This rule is effective July 19, associated with shallow, cobbled, and 2006. gravelly soils on strongly sloping to very Survey work continued in areas that steep slopes and rock outcrops on mid- supported populations of the two parent ADDRESSES: Supporting documentation species. These surveys resulted in the for this rulemaking is available for elevation hills and mountains. The soils are well-drained and derived from a discovery of two clones in the Sierra public inspection, by appointment, Ancha Mountains, 100 miles disjunct during normal business hours at the variety of rocks, including granite, gneiss, rhyolite, andesite, ruffs, from the New River Mountain locations. Arizona Ecological Services Field Office limestone, sandstone, and basalt To date, plants and clones have been of the U.S. Fish and Wildlife Service, (Hodgson and DeLamater 1988). Plants identified in three areas on the Tonto 2321 West Royal Palm Road, Suite 103, typically flower from May to July. National Forest (New River Mountains, Phoenix, Arizona 85021–4951. Field studies on Agave arizonica Sierra Ancha Mountains, and the FOR FURTHER INFORMATION CONTACT: began in 1983. A natural distribution Humboldt Mountains). The New River Mima Falk, U.S. Fish and Wildlife study was not finalized until August population is the most numerous, Service, located in the Arizona 1984 (DeLamater 1984), after the final located 17.94 kilometers (km) (10.7 Ecological Services Tucson Sub-office, listing rule (49 FR 21055, May 18, 1984) miles (mi)) west-northwest of the Sierra 201 North Bonita Avenue, Suite 141, was published. Surveys for this study Ancha population. Only one individual Tucson, Arizona 85745 (telephone 520/ were conducted in the New River was found in the Serra Anch Mountains 670–6150 ext. 225; facsimile 520/670– Mountains, and by 1984, ten new clones (Tra¨bold 2001). The Humboldt 6154). were found in these mountains. These Mountains support a population of SUPPLEMENTARY INFORMATION: were individual clones of 2–5 rosettes. Arizona agave, as well as another agave All of the clones occurred together with hybrid. This different hybrid agave is Background two other agaves, Agave toumeyana ssp. produced from a cross between A. Agave arizonica, a member of the bella and A. chrysantha, neither of toumeyana ssp. toumeyana and A. agave family, was first discovered by which is considered rare. A. chrysantha chrysantha (Pinkava and Baker 1985). J.H. Houzenga, M.J. Hazelett, and J.H. is found in southern and eastern That hybrid is a triploid (3n=90), and Weber in the New River Mountains of Yavapai County, through much of Gila therefore has a different chromosome Arizona. Drs. H.S. Gentry and J.H. and Maricopa counties, northern and count than Agave arizonica.

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The Desert Botanical Garden (DBG), phenotypic (visible) variations; not all number (2n=60) with the putative in Phoenix, initiated ecological studies seedlings presented ‘pure’ Agave parents, indicating that there are no of Agave arizonica in the mid-1980s arizonica traits. The fact that Agave chromosomal barriers (i.e., reproductive through 1994. They conducted arizonica can be reliably produced by isolating mechanisms) in place to numerous surveys on the Tonto crossing the putative parents ex situ facilitate genetic stability, (2) flowering National Forest, collected seeds in situ lends support to the hypothesis that periods of the putative parents overlap, (in the natural or original environment), Agave arizonica is a recurring F1 (3) morphological characters of Agave conducted experimental crosses in situ hybrid. All evidence supports that arizonica are intermediate with those of and ex situ (in an artificial Agave arizonica individuals are derived the putative parents, (4) Agave arizonica environment), and started an ex situ from crosses between different species. only occurs where there is overlap with collection. DBG’s work has shown that In other words, each individual Agave the putative parents, (5) it appears to be Agave arizonica can produce viable arizonica was created spontaneously subfertile, producing pollen with low seed. In 1985, three different crosses and independently from separate percent stainability, (6) Agave arizonica were performed on clone #52, in situ, crossings of the putative parental can be created, ex situ, by crossing the using flowers from different panicles species (M. Baker, pers. comm. 2004). putative parents, indicating that there (flower stalks). One cross used frozen Agave arizonica plants are rare in the may be no unique genetic characters pollen collected from Agave arizonica at wild. The likelihood is low that two of associated with these plants, and (7) it the DBG, the second cross was self- these plants would breed with one has not, to our knowledge, reproduced fertilization of clone #52, and the third another because it is unlikely that two sexually in the field. cross was uncontrolled outcrossing of such plants would be close enough to Previous Federal Action clone #52 (flowers were left open to be one another and bloom in the same year. Clones still attached or near to the pollinated by various donors). Seed was Federal Government action parent plant may produce flowers at the collected from all three crosses. Cross #1 concerning Agave arizonica began with same time, but spatially separated produced 250 seeds, cross #2 produced section 12 of the Act, which directed the clones may not all bloom at the same 20 seeds, and cross #3 produced a large Secretary of the Smithsonian Institution time. The flowering period of Agave quantity of seeds (Hodgson and to prepare a report on those plants arizonica overlaps with that of its DeLamater 1988). Outcrossing with considered to be endangered, putative parents, and the same insects Agave arizonica pollen (Cross #1) threatened, or extinct. This report (bumblebees, mining bees of the family produced a high proportion of viable (House Document No. 94–51), which seed, as did uncontrolled outcrossing Halictidae, and solitary bees) visit all three agave species. This condition can included Agave arizonica, was (Cross #3), while self-fertilization (Cross presented to Congress on January 9, #2) produced a poor seed set. The lead to back-crosses with one of the putative parents. Agave arizonica is not 1975, and accepted by the Service under majority of the seeds were planted. Ten section 4(c)(2), now section 4(b)(3)(A), months after planting, 10 of the 105 likely to maintain a separate genetic identity due to low numbers, overlap of of the Act as a petition to list these seeds produced from cross #1 species. The report, along with a germinated. Some of those resembled flowering period with the putative parents, and lack of an effective statement of our intention to review the Agave arizonica, while others did not status of the plant taxa, was published (W. Hodgson, Desert Botanical Garden, reproductive isolating mechanism to promote genetic stability. in the Federal Register on July 1, 1975 pers. comm. 2003). DBG also conducted In 1999, Hodgson published a (40 FR 27823). On June 16, 1976, we controlled crosses of A. chrysantha and treatment for the Agave family for the published a proposed rule in the A. toumeyana ssp. bella. The seeds ‘‘Flora of Arizona’’ (Hodgson 1999). Federal Register (41 FR 24523) to produced from this cross resulted in Agave arizonica was not recognized as determine approximately 1,700 vascular Agave arizonica plants. Individual a species in that treatment, which plants to be endangered pursuant to Agave arizonica plants can therefore be indicated that it should be referred to as section 4 of the Act. Agave arizonica created by crosses of the parental Agave arizonica, a hybrid of recent was included in this proposal. On species. These results support the origin involving A. chrysantha and A. December 10, 1979, we withdrew all hypothesis that Agave arizonica is toumeyana var. bella. outstanding proposals not finalized composed of individuals that resulted Jolly (in Riesberg 1991) has suggested within two years of their first from recent and spontaneous instances protection for a hybrid taxon if (1) its publication, as required by the 1978 of hybridization between two species, evolution has gone past the point where amendments to the Act. On August 26, and is not, at this time, a species of it can be reproduced through crossing of 1980, the Service received a status hybrid origin. its putative parents, (2) it is report prepared by four researchers Agave arizonica is most likely a first- taxonomically distinct from its parents, employed by the Museum of Northern generation (F1) hybrid between two and (3) it is sufficiently rare or Arizona. This report documented the other species. It is not known if any imperiled. Under these criteria, F1 status of, and threats to, the species. On individuals of the F1 generation, in situ, hybrids such as Agave arizonica should December 5, 1980, we published a have backcrossed with either one of the receive no protection because it is still revised notice for plants (45 FR 82479) parents or with another Agave arizonica backcrossing with its parents and is not and included Agave arizonica in individual. The latter seems unlikely taxonomically distinct. category 1. Category 1 was comprised of given the low numbers of individuals In summary, the plant species taxa for which we had sufficient and the great distance separating them. formerly referred to as Agave arizonica biological information to support their Seeds have been produced in the wild, is now recognized as an interspecific being listed as endangered or threatened but it is not known if those seeds were hybrid produced sporadically and species. We published a proposed rule produced from crosses of Agave spontaneously by the cross of Agave to list Agave arizonica as an endangered arizonica and either parent species or chrysantha and Agave toumeyana var. species on May 20, 1983 (48 FR 22757). Agave arizonica and Agave arizonica. bella. Individuals have been determined No critical habitat was proposed. The Seeds grown out in greenhouse to be hybrids for the following reasons: final rule listing Agave arizonica as conditions produced plants with wide (1) They share the same chromosome endangered was published on May 18,

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1984 (49 FR 21055), and no critical and, therefore, the plant does not merit it does not fit the definition of a species habitat was designated. protection under the Act. The comments under the Act. In 1985, a year after Agave arizonica are addressed in the following The term ‘‘species,’’ as defined in the was listed, the U.S. Department of summary. We did not receive any Act, includes any subspecies of fish or Agriculture Forest Service petitioned us requests for a public hearing. wildlife or plants, and any distinct to delist Agave arizonica because of its Issue: We are too hasty in our population segment of any species or hybrid status. We sent out the work on proposal to delist Agave arizonica vertebrate fish or wildlife which Agave arizonica that had been because hybrids can often succeed in interbreeds when mature. Agave published for peer review and solicited combining genes in new ways to arizonica does not meet this definition comments. Many of the comments become successful breeding because it is not known to interbreed in supported delisting based on the populations, leading to new species situ or otherwise reproduce itself. available evidence; however, the Service formation. Hybrid origin of species is considered disagreed that the available data Our Response: Many vascular plants common within the flowering plants conclusively proved that Agave are of hybrid origin, and we (Grant 1963), and some species of arizonica was a hybrid. The Service acknowledge that hybrids play an hybrid origin are capable of reproducing believed that the results of the important role in speciation. Current themselves and maintaining a degree of controlled crosses were important for evidence does not support the view that genetic stability. However, scientific the analysis, and those had not been Agave arizonica is a successful breeding evidence at this point supports the determination that Agave arizonica does completed at the time of the review. population. We based our delisting Therefore, on January 21, 1987 (52 FR not have these characteristics of a decision upon the best available 2239), we announced that delisting was species. The plants are not known to scientific and commercial information. not warranted. have sexually reproduced in situ. Agave After a review of all available data, we We published a proposed rule to arizonica plants have sporadically have made the determination that Agave remove Agave arizonica from the developed in situ from the putative arizonica does not meet the definition of Federal List of Endangered and parents, but have not been a species under the Act. If new Threatened Plants on January 11, 2005 reproductively self-sustaining. Agave information becomes available that (70 FR 1858), based on additional arizonica has never been found in well- shows Agave arizonica is exhibiting information indicating that Agave developed populations or outside characteristics of a species (i.e., arizonica is a hybrid and does not meet patches of its putative parents. the definition of a species as defined by reproductive isolation from the parent We have carefully assessed the best the Act. species and ability to reproduce scientific and commercial information sexually and maintain a degree of available regarding the conclusion that Summary of Comments and genetic stability), we will reexamine the Recommendations Agave arizonica is not a species, and threats to determine if it should be therefore does not qualify for protection In the January 11, 2005, proposed rule listed again. under the Act. We, therefore, conclude (70 FR 1858) and associated Delisting Analysis that Agave arizonica no longer warrants notifications, we invited all interested listing under the Act. parties to submit comments or After a review of all information information that might contribute to the available, we are removing Agave Effects of the Rule final delisting determination for this arizonica from the List of Endangered This action removes Agave arizonica species. The public comment period and Threatened Plants, 50 CFR 17.12. from the List of Endangered and ended March 14, 2005. We contacted Section 4(a)(1) of the Act and Threatened Plants. The prohibitions and and sent announcements of the regulations (50 CFR part 424) issued to conservation measures provided by the proposed rule to appropriate Federal implement the listing provisions of the Act no longer apply to this species. and State agencies, county governments, Act set forth the procedures for adding Therefore, interstate commerce, import, scientific organizations, and other species to or removing them from and export of Agave arizonica are no interested parties. In addition, we Federal lists. The regulations at 50 CFR longer prohibited under the Act. In solicited formal scientific peer review of 424.11(d) state that a species may be addition, Federal agencies no longer are the proposal in accordance with our delisted if (1) it becomes extinct, (2) it required to consult with us to insure July 1, 1994, Interagency Cooperative recovers, or (3) the original that any action they authorize, fund, or Policy for Peer Review in Endangered classification data were in error. Since carry out is not likely to jeopardize the Species Act Activities (59 FR 34270). the time of listing, additional study has continued existence of Agave arizonica. We requested five individuals with shown that Agave arizonica is not a The plant is still protected by Arizona’s expertise in one or several fields, distinct species, but consists of Native Plant Law, A.R.S., Chapter 7, including familiarity with the species, individuals that are the result of Section 3–901, which specifically familiarity with the geographic region in spontaneous, occasional, and prohibits collection except for scientific which the species occurs, and continuing hybridization between two or educational purposes under permit. familiarity with the principles of other distinct species. Individual hybrid There is no designated critical habitat taxonomy, to review the proposed rule plants are produced within populations for this species. by the close of the comment period. We of the parental species, but their received comments from six parties, production is random. In modern Future Conservation Measures including three designated peer taxonomic practice, such groups of The 1988 amendments to the Act reviewers. All three of the responding individuals are not recognized as require that all species delisted due to peer reviewers, the U.S. Department of species. We have concluded that the recovery be monitored for at least five Agriculture Forest Service, and one original taxonomic interpretation upon years following delisting. Agave public commenter agreed with our which the listing decision was based arizonica is being removed from the List assessment that the scientific evidence has not been substantiated by of Endangered and Threatened Plants presented in our proposed rule supports subsequent studies, and Agave arizonica because the taxonomic interpretation the hybrid status of Agave arizonica does not qualify for protection because that it is a species is no longer believed

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to be correct; Agave arizonica is a Executive Order 13211 PART 17—[AMENDED] sporadically occurring hybrid, rather On May 18, 2001, the President issued I than a distinct taxon. Therefore, no 1. The authority citation for part 17 Executive Order 13211 on regulations continues to read as follows: monitoring period following delisting is that significantly affect energy supply, required. distribution, and use. Executive Order Authority: 16 U.S.C. 1361–1407; 16 U.S.C. 13211 requires agencies to prepare 1531–1544; 16 U.S.C. 4201–4245; Public Law National Environmental Policy Act 99–625, 100 Stat. 3500; unless otherwise Statements of Energy Effects when noted. We have determined that an undertaking certain actions. As this Environmental Assessment or an final rule is not expected to significantly § 17.12 [Amended] Environmental Impact Statement, as affect energy supplies, distribution, or I 2. Amend § 17.12(h) by removing the defined under the authority of the use, this action is not a significant entry ‘‘Agave arizonica’’ under National Environmental Policy Act of energy action and no Statement of ‘‘FLOWERING PLANTS’’ from the List 1969, need not be prepared in Energy Effects is required. of Endangered and Threatened Plants. connection with regulations adopted References Cited Dated: May 19, 2006. pursuant to section 4(a) of the Act. We Kenneth Stansell, published a notice outlining our reasons DeLamater, R. 1984. Natural distribution and status of Agave arizonica Gentry and Acting Director, Fish and Wildlife Service. for this determination in the Federal Weber in Arizona with accompanying [FR Doc. E6–8643 Filed 6–16–06; 8:45 am] Register on October 25, 1983 (48 FR maps. Prepared for USDA Forest Service BILLING CODE 4310–55–P 49244). Range Management, Albuquerque, NM. 11 pp. Paperwork Reduction Act DeLamater, R. and W. Hodgson. 1986. Agave DEPARTMENT OF COMMERCE arizonica: An endangered species, a Office of Management and Budget hybrid, or does it matter? Proceedings of National Oceanic and Atmospheric (OMB) regulations at 5 CFR part 1320 a California Native Plant Society implement provisions of the Paperwork Conference. Sacramento, CA. Administration Reduction Act (44 U.S.C. 3501 et seq.). Gentry, H.S. and J.H. Weber. 1970. Two New The OMB regulations at 5 CFR 1320.3(c) Agaves in Arizona. Cactus and Succulent 50 CFR Part 622 Journal. 42(5): 223–228. define a collection of information as the [I.D. 060806E] obtaining of information by or for an Grant, V. 1963. The Origin of Adaptations. agency by means of identical questions Columbia University Press, New York. Fisheries of the Caribbean, Gulf of 606 pp. posed to, or identical reporting, Hodgson, W. and R. DeLamater. 1988. Agave Mexico, and South Atlantic; Reef Fish recordkeeping, or disclosure arizonica Gentry and Weber; Summary Fishery of the Gulf of Mexico; Closure requirements imposed on, 10 or more of status and report on recent studies. of the 2006 Deep-Water Grouper persons. Furthermore, 5 CFR Desert Botanical Gardens, Phoenix, AZ. Commercial Fishery 1320.3(c)(4) specifies that ‘‘ten or more U.S.D.I., U.S. Fish and Wildlife Service, Albuquerque, NM. 11 pp. AGENCY: National Marine Fisheries persons’’ refers to the persons to whom Service (NMFS), National Oceanic and a collection of information is addressed Hodgson, W. 1999. Vascular plants of Arizona: Agavaceae. Journal of Arizona- Atmospheric Administration (NOAA), by the agency within any 12-month Nevada Academy of Science 32(1): 1–21. Commerce. period. For purposes of this definition, Pinkava, D.J. and M.A. Baker. 1985. ACTION: Temporary rule; closure. employees of the Federal Government Chromosome and hybridization studies are not included. The Service may not of agaves. Desert Plants. 7(2): 93–100. SUMMARY: NMFS closes the commercial conduct or sponsor, and you are not Riesberg, L.H. 1991. Hybridization in rare fishery for deep-water grouper (misty required to respond to, a collection of plants: insights from case studies in grouper, snowy grouper, yellowedge information unless it displays a Cercocarpus and Helianthus. In Genetics grouper, warsaw grouper, and speckled currently valid OMB control number. and conservation of rare plants. Donald A. Falk and K.E. Holsinger (Eds). Oxford hind) in the exclusive economic zone This rule does not include any University Press, New York. 283 pp. (EEZ) of the Gulf of Mexico. NMFS has collections of information that require Tra¨bold, P.A. 2001. Re-establishment—Agave determined that the deep-water grouper approval by OMB under the Paperwork arizonica. M.S. thesis. California State quota for the commercial fishery will Reduction Act. The Agave arizonica is University, Fullerton, CA. 65 pp. have been reached by June 26, 2006. This closure is necessary to protect the being delisted because the taxonomic Authors interpretation that it is a species is no deep-water grouper resource. The primary authors of this document DATES: Closure is effective 12:01 a.m., longer believed to be correct; Agave are staff located at the Arizona arizonica is a sporadically occurring local time, June 27, 2006, until 12:01 Ecological Services Tucson Sub-office a.m., local time, on January 1, 2007. hybrid, rather than a distinct taxon. (see FOR FURTHER INFORMATION CONTACT FOR FURTHER INFORMATION CONTACT: Therefore, no monitoring period section). following delisting would be required, Jason Rueter, telephone 727–824–5350, and we do not anticipate a need to List of Subjects in 50 CFR Part 17 fax 727–824–5308, e-mail request data or other information from Endangered and threatened species, [email protected]. 10 or more persons during any 12- Exports, Imports, Reporting and SUPPLEMENTARY INFORMATION: The reef month period in order to satisfy recordkeeping requirements, fish fishery of the Gulf of Mexico is monitoring information needs. If it Transportation. managed under the Fishery becomes necessary to collect Management Plan for the Reef Fish Regulation Promulgation information from 10 or more non- Resources of the Gulf of Mexico (FMP). Federal individuals, groups, or I Accordingly, we hereby amend part The FMP was prepared by the Gulf of organizations per year, we will first 17, subchapter B of chapter I, title 50 of Mexico Fishery Management Council obtain information collection approval the Code of Federal Regulations, as set and is implemented under the authority from OMB. forth below: of the Magnuson-Stevens Fishery

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