Vol. 78 Tuesday, No. 190 October 1, 2013 Part V Department of the Interior Fish and Wildlife Service 50 CFR Part 17 Endangered and Threatened Wildlife and Plants; Endangered Species Status for Echinomastus erectocentrus var. acunensis (Acun˜a Cactus) and Pediocactus peeblesianus var. fickeiseniae (Fickeisen Plains Cactus) Throughout Their Ranges; Final Rule VerDate Mar<15>2010 19:36 Sep 30, 2013 Jkt 232001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\01OCR4.SGM 01OCR4 emcdonald on DSK67QTVN1PROD with RULES4 60608 Federal Register / Vol. 78, No. 190 / Tuesday, October 1, 2013 / Rules and Regulations DEPARTMENT OF THE INTERIOR (TDD) may call the Federal Information For the Fickeisen plains cactus, the Relay Service (FIRS) at 800–877–8339. threats to the species and its habitat Fish and Wildlife Service SUPPLEMENTARY INFORMATION: result from habitat destruction, modification, and degradation from 50 CFR Part 17 Executive Summary livestock grazing (Factor A) in This document consists of a final rule combination with predation by small [Docket No. FWS–R2–ES–2012–0061; mammals (Factor C) and natural 4500030113] to list as endangered Echinomastus erectocentrus var. acunensis (acun˜ a environmental variability and the effects RIN 1018–AY51 cactus) and Pediocactus peeblesianus of climate such as drought. When var. fickeiseniae (Fickeisen plains combined with the above mentioned Endangered and Threatened Wildlife cactus) under the Act. For the remainder threats, small population size (Factor E) and Plants; Endangered Species of this document, these species will be likely exacerbates the effects of these Status for Echinomastus erectocentrus referred to by their common names. threats on the Fickeisen plains cactus. var. acunensis (Acun˜ a Cactus) and Why we need to publish a rule. On In addition, the existing regulatory Pediocactus peeblesianus var. October 3, 2012 (77 FR 60509), we mechanisms are not ameliorating threats fickeiseniae (Fickeisen Plains Cactus) published proposed rules to list acun˜ a to the species. Throughout Their Ranges cactus and Fickeisen plains cactus as Peer review and public comment. We endangered species and to designate sought comments from independent AGENCY: Fish and Wildlife Service, specialists to ensure that our Interior. critical habitat for both species. In this document, we finalize our designation is based on scientifically ACTION: Final rule. determinations as endangered species sound data, assumptions, and analyses. We invited these peer reviewers to SUMMARY: We, the U.S. Fish and for these species under the Act. The Act comment on our listing proposal. We Wildlife Service (Service), determine requires that a final rule be published obtained peer reviews from two that Echinomastus erectocentrus var. within one year of a proposed rule in knowledgeable individuals for the acunensis (acun˜ a cactus) and order to add species to the lists of acun˜ a cactus and two knowledgeable Pediocactus peeblesianus var. endangered and threatened plants to individuals for the Fickeisen plains fickeiseniae (Fickeisen plains cactus) provide protections under the Act. We cactus, all with scientific expertise to meet the definition of endangered have determined that critical habitat for review our technical assumptions, species under the Endangered Species the acun˜ a cactus and the Fickeisen analysis, and whether or not we had Act of 1973, as amended. This final rule plains cactus is prudent and used the best available information for implements the Federal protections determinable in the proposed rule and both plants. These peer reviewers provided by the Act for these species. will soon publish in the Federal generally concurred with our methods The effect of this regulation will be to Register our final determination and conclusions and provided add these species to the List of designating critical habitat for both additional information, clarifications, Endangered and Threatened Wildlife cacti. The final critical habitat and suggestions to improve this final and Plants under the Endangered designation and supporting documents rule. Information we received from peer Species Act. will publish under Docket No. FWS– R2–ES–2013–0025, and can also be review is incorporated in this final DATES: This rule becomes effective revised designation. We also considered October 31, 2013. found at the above locations. The Endangered Species Act provides all comments and information received ADDRESSES: This final rule is available basis for our action. Under the during the comment period. on the Internet at http:// Endangered Species Act, we can Organization of Document www.regulations.gov, Docket No. FWS– determine that a species is an The layout of this rule is as follows: R2–ES–2012–0061. Comments and endangered or threatened species based the final listing determination of the materials we received, as well as on any of five factors: (A) The present acun˜ a cactus and the final listing supporting documentation used in the or threatened destruction, modification, determination for the Fickeisen plains preparation of this final rule, are or curtailment of its habitat or range; (B) cactus. available for public inspection at http:// Overutilization for commercial, www.regulations.gov. All of the recreational, scientific, or educational Previous Federal Actions comments, materials, and purposes; (C) Disease or predation; (D) documentation that we considered in Please refer to the proposed listing The inadequacy of existing regulatory rule for the acun˜ a cactus and Fickeisen this rulemaking are available by mechanisms; or (E) Other natural or appointment, during normal business plains cactus (77 FR 60509; October 3, manmade factors affecting its continued 2012) for a detailed description of hours at: U.S. Fish and Wildlife Service, existence. Arizona Ecological Services Office, 2321 previous Federal actions concerning For the acun˜ a cactus, the threats to these species. West Royal Palm Rd., Suite 103, the species and its habitat result from Phoenix, AZ 85021; by telephone 602– the effects of drought and climate Summary of Changes From Proposed 242–0210; or by facsimile 602–242– change (Factor A) in combination with Rule 2513. predation by native insect and small Since the publication of the October FOR FURTHER INFORMATION CONTACT: mammal predators (Factor C). Threats 3, 2012 (77 FR 60509), proposed rule to Steve Spangle, Field Supervisor, U.S. also result from habitat destruction, list and designate critical habitat for the Fish and Wildlife Service, Arizona modification, and degradation from acun˜ a cactus and Fickeisen plains Ecological Services Field Office, 2321 United States-Mexico border activities cactus, we have made the following W. Royal Palm Road, Suite 103, (Factor A) and nonnative, invasive plant changes in this final rule: Phoenix, AZ 85021; by telephone (602) species issues (Factor A). In addition, (1) Based on information received 242–0210; or by facsimile (602) 242– the existing regulatory mechanisms in from public comments, we reevaluated 2513. Persons who use a place do not directly address the threats the threat of nonnative, invasive plants telecommunications device for the deaf to the species. on the acun˜ a cactus. As a result, we VerDate Mar<15>2010 19:36 Sep 30, 2013 Jkt 232001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\01OCR4.SGM 01OCR4 emcdonald on DSK67QTVN1PROD with RULES4 Federal Register / Vol. 78, No. 190 / Tuesday, October 1, 2013 / Rules and Regulations 60609 determined that nonnative, invasive The first comment period, associated peer reviewer commented that Flora of plants currently occur in the vicinity of with the publication of the proposed North America considers the Fickeisen several populations of acun˜ a cactus, rule (77 FR 60509), opened on October plains cactus a subspecies of including the largest known population, 3, 2012, and closed on December 3, Pediocactus peeblesianus. The peer and will become a threat to the acun˜ a 2012. We requested written comments reviewer pointed out that we stated that cactus in the near future. Therefore, we on the proposed listing and critical the variety fickeiseniae was never conclude nonnative, invasive species habitat rule and the associated draft validly published; therefore, we should pose a threat to the acun˜ a cactus and its economic analyses during a comment use the current taxonomy. habitat. period that opened on March 28, 2013, Our Response: We have corrected our (2) Based on information received and closed on April 29, 2013, (78 FR statement in the rule (see ‘‘Taxonomy’’ from public comments that both 18938). We contacted all appropriate under ‘‘Species Description’’) that there affirmed and refuted the threat of Federal, State, tribal, and local agencies; are nine recognized species of nonnative, invasive plants on the scientific organizations; and other Pediocactus in the United States, eight Fickeisen plains cactus, we reevaluated interested parties and invited them to of which are endemic to the Colorado this threat. We conducted a thorough comment. Newspaper notices Plateau. We have referred to the review of available information and concerning the proposed rule and Fickeisen plains cactus (Pediocactus reassessed the distribution of nonnative, inviting the general public to comment peeblesianus var. fickeiseniae) as a invasive species to Fickeisen plains were published by two local variety since it was categorized as a cactus populations, including their risk newspapers. We did not receive any candidate species in 1980 based on