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Endangered and Threatened Wildlife and Plants; Proposed Removal of the Plant Agave arizonica (Arizona agave) From the Federal List of Endangered and Threatened Plants
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: January 11, 2005 (Volume 70, Number 7)]
[Proposed Rules]
[Page 1858-1862]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11ja05-21]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
RIN 1018--AI79
Endangered and Threatened Wildlife and Plants; Proposed Removal
of the Plant Agave arizonica (Arizona agave) From the Federal List of
Endangered and Threatened Plants
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule.
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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), under the
Endangered Species Act of 1973, as amended (Act), propose to remove the
plant Agave arizonica (Arizona agave) from the Federal List of
Endangered and Threatened Plants. Agave arizonica was listed as
endangered on June 18, 1984, due to threats of habitat modification and
collection. Evidence collected subsequent to the listing indicates that
plants attributed to Agave arizonica do not constitute a distinct
species but rather are individuals that have resulted from recent and
sporadic instances of hybridization between two species. Current
taxonomic practice is not to recognize such groups of individuals as a
species. The term ``species,'' as defined by the Act, only includes
species, subspecies, and distinct population segments. Since Agave
arizonica is not recognized as a species, it no longer qualifies for
protection under the Act.
DATES: Comments on the proposed rule must be received on or before
March 14, 2005 to ensure our consideration. Public hearing requests
must be received by February 25, 2005.
ADDRESSES: Comments and materials concerning this proposal should be sent
[[Page 1859]]
to the Field Supervisor, U.S. Fish and Wildlife Service, Arizona
Ecological Services Field Office, 2321 West Royal Palm Road, Suite 103,
Phoenix, Arizona 85021-4951. The proposal, supporting data, and
comments are available for public inspection, by appointment, during
normal business hours at the above address.
FOR FURTHER INFORMATION CONTACT: Mima Falk, U.S. Fish and Wildlife
Service, located in the Tucson suboffice, 110 South Church Ave, Suite
3450, Tucson, Arizona 85701 (telephone (520) 670-6150 ext. 225;
facsimile (520) 670-6154).
SUPPLEMENTARY INFORMATION:
Public Comments Solicited
We intend that any final action resulting from this proposal be as
accurate and as effective as possible. Therefore, comments or
suggestions from the public, other concerned governmental agencies, the
scientific community, industry, or any other interested party
concerning this proposed rule are hereby solicited. Comments
particularly are sought concerning:
(1) Biological, commercial trade, or other relevant data concerning
the taxonomic status or threats (or lack thereof) to this hybrid;
(2) The location and characteristics of any additional populations
not considered in previous work that might have bearing on the current
taxonomic interpretation; and
(3) Additional information concerning range, distribution, and
population sizes, particularly if it would assist in the evaluation of
the accuracy of the current taxonomic interpretation.
Our practice is to make comments that we receive on this
rulemaking, including names and home addresses of respondents,
available for public review during regular business hours. Individual
respondents may request that we withhold their home address from the
rulemaking record, which we will honor to the extent allowable by
Federal law. In some circumstances, we may withhold from the rulemaking
record a respondent's identity, as allowable by Federal law. If you
wish for us to withhold your name and/or address, you must state this
prominently at the beginning of your comment. However, we will not
consider anonymous comments. We will make all submissions from
organizations or businesses, including individuals identifying
themselves as representatives or officials of organizations or
businesses, available for public inspection in their entirety.
We will take into consideration the comments and any additional
information received, and such communications may lead to a final
regulation that differs from this proposal.
Public Hearing
The Act provides for one or more public hearings on this proposal,
if requested. Requests must be received within 45 days of the date of
publication of the proposal in the Federal Register. Such requests must
be made in writing and addressed to Field Supervisor (see ADDRESSES
section).
Background
Agave arizonica, a member of the agave family, was first discovered
by J. H. Houzenga, M. J. Hazelett, and J. H. Weber in the New River
Mountains of Arizona. Drs. H. S. Gentry and J. H. Weber described this
species in the ``Cactus and Succulent Journal'' in 1970 (Gentry and
Weber 1970). This perennial succulent has leaves growing from the base
in a small basal rosette (i.e., an arrangement of leaves radiating from
a crown or center), and is approximately 20-35 centimeters (cm) (8-14
inches (in)) high and 30-40 cm (12-16 in) wide. The leaves are dark
green with a reddish-brown to light gray border extending nearly to the
base, approximately 13-31 cm (5-12 in) long and 2-3 cm (1 in) wide. The
slender, branched flowering stalk is 2.5-4 meters (m) (8.2-13 feet
(ft)) tall with urn-shaped flowers 25-32 millimeters (mm) (1 in) long
(Hodgson 1999).
Agave arizonica is found on open slopes in chaparral or juniper
grassland in Gila, Maricopa, and Yavapai Counties between 1,100-1,750 m
(3,600-5,800 ft) in elevation. The plants are often found associated
with Juniperus spp., mountain mahogany (Cercocarpus montanus), Opuntia
spp., sotol (Nolina microcarpa), and banana yucca (Yucca baccata),
among other species common to the chaparral/juniper-oak transition
(Hodgson and DeLamater 1988). There are estimated to be fewer than 100
plants in the wild, occurring mainly on the Tonto National Forest and a
few locations on private property. Agave arizonica plants are
associated with soils that are shallow, cobbled, and gravelly, on
strongly sloping to very steep slopes and rock outcrops on mid-
elevation hills and mountains. The soils are well-drained and derived
from a variety of rocks, including granite, gneiss, rhyolite, andesite,
ruffs, limestone, sandstone, and basalt (Hodgson and DeLamater 1988).
Plants typically flower in May-July.
Field studies on Agave arizonica began in 1983. A natural
distribution study was not finalized until August 1984 (DeLamater
1984), after the final listing rule (49 FR 21055, May 18, 1984) was
published. Surveys for this study were conducted in the New River
Mountains, and by 1984, ten new clones (vegetative offsets, or buds,
from an individual plant) were found in these mountains. These were
individual clones of 2-5 rosettes. All of the clones occurred together
with two other agaves, Agave toumeyana ssp. bella and A. chrysantha. A.
chrysantha is found in southern and eastern Yavapai Counties, through
much of Gila and Maricopa Counties, northern and eastern Pinal County,
and northeastern Pima County. Agave toumeyana ssp. bella is restricted
to the eastern slope of the Bradshaw Mountains, eastern Yavapai to
northwestern and central to southern Gila County, northeastern Maricopa
to northern Pinal County. Neither species is considered rare. A
comparison of plant characters showed Agave arizonica to be
intermediate to the other two agave species with which it is always
found in association (DeLamater and Hodgson 1986). Pinkava and Baker
(1985) suggested that plants recognized as Agave arizonica may be the
result of continuing production of hybrid individuals rather than a
species of hybrid origin based on their occurrence only where the
ranges of the putative parents overlap; they are found only in random,
widely scattered locations of individual plants and clones; their
putative parents have overlapping flowering periods; Agave arizonica's
morphological characters are intermediate between the putative parents;
and they appeared to be subfertile (reduced fertilization), producing
pollen with a low percent of stainability, or viability. Agave
arizonica has a chromosome count (2n) of 60, as does both its parents,
indicating that gross chromosomal barriers to backcrossing with the
putative parents are lacking. Polyploidy (having more than two complete
sets of homologous chromosomes) is one factor in determining if a
hybrid between two species can become genetically stable. That
condition is not present in the genetic constitution of Agave arizonica.
Additional surveys were conducted in areas that supported sympatric
populations (occurring together) of the putative parents. This resulted
in the discovery of two clones in the Sierra Ancha Mountains, 100 miles
disjunct from the New River Mountain locations. To date, plants and
clones are known from three areas on the Tonto National
[[Page 1860]]
Forest (New River Mountains, Sierra Ancha Mountains, and the Humboldt
Mountains). These three areas are widely separated from each other. The
New River population is the most numerous, located 17.94 kilometers
(km) (10.7 miles (mi)) west-northwest of the Sierra Ancha population.
The Sierra Ancha population is comprised of one individual (Trabold
2001). There is another hybrid from the Payson area in the Humboldt
Mountains. This agave is produced from a cross between A. toumeyana
ssp. toumeyana X A. chrysantha that is sometimes incorrectly referred
to as Arizona agave (Pinkava and Baker 1985). That individual is a
triploid (3n=90), and therefore has a different chromosome count than
Agave arizonica.
The Desert Botanical Garden (DBG), in Phoenix, initiated ecological
studies of Agave arizonica in the mid-1980s through 1994. They
conducted numerous surveys on the Tonto National Forest, collected
seeds in situ (outside of confinement), conducted experimental crosses
in situ and ex situ (in an artificial environment), and started an ex
situ collection. DBG's work has shown that Agave arizonica can produce
viable seed. In 1985, three different crosses were performed on clone
#52, in situ, using flowers from different panicles (flower
stalks). One cross used frozen pollen collected from Agave arizonica at
the DBG, the second cross was self-fertilization of clone #52,
and the third cross was uncontrolled outcrossing of clone #52
(flowers were left open to be pollinated by various donors). Seed was
collected from all three crosses. Cross #1 produced 250 seeds,
cross #2 produced 20 seeds, and cross #3 produced a
large quantity of seeds (Hodgson and DeLamater 1988). Cross #2
produced poor seed set from self-fertilization, while outcrossing with
Agave arizonica pollen produced a high proportion of viable seed, as
did uncontrolled outcrossing. The majority of the seeds were planted.
Ten months after planting, 10 of the 105 seeds produced from cross
#1 germinated. Some of those resembled Agave arizonica, while
others did not (W. Hodgson, Desert Botanical Garden, pers. comm. 2003).
DBG also conducted controlled crosses of A. chrysantha and A. toumeyana
ssp. bella. The seeds produced from this cross resulted in Agave
arizonica plants. Individual Agave arizonica plants can therefore be
created by crosses of the parental species. This condition indicates
that there is nothing genetically unique about Agave arizonica. If all
of the Agave arizonica individuals that exist in the field were
destroyed, it is unlikely that any unique genetic material would be
lost (M. Baker, Southwest Botanical Research, pers. comm. 2004). These
results support the hypothesis that Agave arizonica is composed of
individuals that resulted from recent and spontaneous instances of
hybridization between two species, and is not, at this time, a species
of hybrid origin.
Agave arizonica is most likely a first-generation (F1) hybrid
between two other species. It is not known if any individuals of the F1
generation, in situ, have backcrossed with either one of the parents or
with another Agave arizonica individual. The latter seems unlikely
because of the distance pollen would have to travel given the low
numbers of individuals and the great distance separating them. Seeds
have been produced in the wild, but it is not known if those seeds were
produced from Agave arizonica X either parent or Agave arizonica X
Agave arizonica. Seeds grown out in greenhouse conditions produced
plants with wide phenotypic (visible) variations; not all seedlings
represented ``pure'' Agave arizonica traits. The fact that Agave
arizonica can be reliably produced by crossing the putative parents ex
situ lends support to the hypothesis that Agave arizonica is a
recurring F1 hybrid. All evidence supports that Agave arizonica
individuals are derived from crosses between different species. In
other words, each individual Agave arizonica was created spontaneously
and independently from separate crossings of the putative parental
species (M. Baker, pers. comm. 2004).
Agave arizonica plants are rare in the wild. The likelihood is low
that two of these plants would breed with one another because it is not
likely that two such plants would be close enough to one another and
bloom in the same year. Plants of a clone may produce flowers in
synchrony, but spatially separated clones may not all bloom at the same
time. The flowering period of Agave arizonica overlaps with that of its
putative parents, and the same insects (bumblebees, mining bees of the
family Halictidae, and solitary bees) visit all three agave species.
This condition can lead to back-crosses with one of the putative
parents. Whether Agave arizonica can maintain a separate genetic
identity is not likely, due to low numbers, overlap of flowering period
with the putative parents, and lack of an effective reproductive
isolating mechanism to promote genetic stability.
In 1999, Hodgson published a treatment for the Agave family for the
``Flora of Arizona'' (Hodgson 1999). Agave arizonica was not recognized
as a species in that treatment, which indicated that it should be
referred to as Agave X arizonica, a hybrid of recent origin involving
A. chrysantha X A. toumeyana var. bella.
Jolly (in Riesberg 1991) has suggested protection for a hybrid
taxon if (1) its evolution has gone past the point where it can be
reproduced through crossing of its putative parents, (2) it is
taxonomically distinct from its parents, and (3) it is sufficiently
rare or imperiled. Under these criteria, F1 hybrids such as Agave
arizonica should receive no protection.
In summary, the plant species formerly referred to as Agave
arizonica is now recognized as an interspecific hybrid produced
sporadically and spontaneously by the cross of Agave chrysantha X Agave
toumeyana var. bella. Individuals have been determined to be a hybrid
for the following reasons: (1) They share the same chromosome number
(2n=60) with the putative parents, indicating that there are no genetic
barriers in place to facilitate genetic stability, (2) flowering
periods of the putative parents overlap, (3) morphological characters
of Agave arizonica are intermediate with those of the putative parents,
(4) Agave arizonica only occurs where there is overlap with the
putative parents, (5) it appears to be subfertile, producing pollen
with low percent stainability (pollen viability is correlated with the
ability of pollen to absorb certain chemical stains; low percent
stainability is correlated with reduced pollen viability), (6) Agave
arizonica can be created, ex situ, by crossing the putative parents,
indicating that there may be no unique genetic characters associated
with these plants, and (7) it has not, to anyone's knowledge,
reproduced itself sexually in the field.
Previous Federal Action
Federal Government action concerning Agave arizonica began with
section 12 of the Act, which directed the Secretary of the Smithsonian
Institution to prepare a report on those plants considered to be
endangered, threatened, or extinct. This report (House Document No. 94-
51), which included Agave arizonica, was presented to Congress on
January 9, 1975, and accepted by the Service under section 4(c)(2), now
section 4(b)(3)(A), of the Act as a petition to list these species. The
report, along with a statement of our intention to review the status of
the plant taxa, was published in the Federal Register on July 1, 1975
(40 FR 27823). On June 16, 1976, we published a proposed rule in the
[[Page 1861]]
Federal Register (41 FR 24523) to determine approximately 1,700
vascular plants to be endangered pursuant to section 4 of the Act.
Agave arizonica was included in this proposal. On December 10, 1979, we
withdrew all outstanding proposals not finalized within two years of
their first publication, as required by the 1978 amendments to the Act.
On August 26, 1980, the Service received a status report prepared by
four researchers employed by the Museum of Northern Arizona. This
report documented the status of, and threats to, the species. On
December 5, 1980, we published a revised notice for plants (45 FR
82479) and included Agave arizonica in category 1. Category 1 comprised
taxa for which we had sufficient biological information to support
their being listed as endangered or threatened species. We published a
proposed rule to list Agave arizonica as an endangered species on May
20, 1983 (48 FR 22757). No critical habitat was proposed. We received a
total of 13 written comments on the proposal. No public hearing was
requested or held. The final rule listing Agave arizonica as endangered
was published on May 18, 1984 (49 FR 21055), and concurrent with the
proposal, no critical habitat was designated.
In 1985, a year after Agave arizonica was listed, the USDA Forest
Service (FS) petitioned us to delist Agave arizonica because of its
hybrid status. We sent out the work on Agave arizonica that had been
published for peer review and solicited comments. Many of the comments
supported delisting based on the available evidence; however, the
Service disagreed that the available data conclusively proved that
Agave arizonica was a hybrid. The Service believed that the results of
the controlled crosses were important for the analysis, and those had
not been completed at the time of the review. Therefore, on January 21,
1987 (52 FR 2239), we announced that delisting was not warranted.
Delisting Analysis
After a review of all information available, we are proposing to
remove Agave arizonica from the List of Endangered and Threatened
Plants, 50 CFR 17.12. Section 4(a)(1) of the Act and regulations (50
CFR part 424) issued to implement the listing provisions of the Act set
forth the procedures for adding species to or removing them from
Federal lists. The regulations at 50 CFR 424.11(d) state that a species
may be delisted if (1) it becomes extinct, (2) it recovers, or (3) the
original classification data were in error. Since the time of listing,
additional study has shown that Agave arizonica is not a distinct
species, but consists of individuals that are the result of
spontaneous, occasional, and continuing hybridization between two
distinct species. In modern taxonomic practice, such groups of
individuals are not recognized as species. We have concluded that the
original taxonomic interpretation upon which the listing decision was
based has not been substantiated by subsequent studies, and Agave
arizonica does not qualify for protection because it does not fit the
definition of a species in the Act.
Our determination that Agave arizonica should be proposed for
delisting is based on evidence that it is not a species and, therefore,
does not qualify for protection under the Act, rather than on the
control of threats. The term ``species,'' as defined in the Act,
includes any subspecies of fish or wildlife or plants, and any distinct
population segment of any species or vertebrate fish or wildlife which
interbreeds when mature. Agave arizonica does not meet this definition
because it is not known to interbreed in situ or otherwise reproduce
itself. Hybrid origin of species is considered common within the
flowering plants (Grant 1963). Species of hybrid origin are capable of
reproducing themselves and maintaining a degree of genetic stability.
Scientific evidence at this point supports the determination that Agave
arizonica does not have these characteristics of a species. The plants
are not known to have sexually reproduced in situ. Agave arizonica
plants have sporadically developed in situ from the putative parents,
but they have not been reproductively self-sustaining. Agave arizonica
has never been found in well-developed populations or outside patches
of its putative parents.
We have carefully assessed the best scientific and commercial
information available regarding the conclusion that Agave arizonica is
a hybrid that does not qualify for protection under the Act. Based on
this evaluation, the preferred action is to remove Agave arizonica from
the List of Endangered and Threatened Plants, 50 CFR 17.12.
Effects of the Proposed Rule
The Act and its implementing regulations set forth a series of
general prohibitions and exceptions that apply to all endangered
plants. All prohibitions of section 9(a)(2) of the Act, implemented by
50 CFR 17.61, apply to Agave arizonica. These prohibitions, in part,
make it illegal for any person subject to the jurisdiction of the
United States to import or export, transport in interstate or foreign
commerce in the course of a commercial activity, sell or offer for sale
in interstate or foreign commerce, or remove and reduce Agave arizonica
to possession from areas under Federal jurisdiction. For plants listed
as endangered, the Act prohibits the malicious damage or destruction on
areas under Federal jurisdiction and the removal, cutting, digging up,
or damaging or destroying of such plants in knowing violation of any
State law or regulation, including State criminal trespass law. If
Agave arizonica is removed from the List of Endangered and Threatened
Plants, these prohibitions would no longer apply.
If Agave arizonica is delisted, the requirements under section 7 of
the Act would no longer apply. Federal agencies would not be required
to consult with us on their actions that may affect Agave arizonica.
If delisted, Agave arizonica would continue to receive limited
protection under Arizona's Native Plant Law, A.R.S., Chapter 7, Section
3-901, which specifically prohibits collection except for scientific or
educational purposes under permit.
The 1988 amendments to the Act require that all species delisted
due to recovery be monitored for at least five years following
delisting. Agave arizonica is being proposed for delisting because the
taxonomic interpretation that it is a species is no longer believed to
be correct; Agave arizonica is a sporadically occurring hybrid, rather
than a distinct taxon. Therefore, no monitoring period following
delisting would be required.
Peer Review
In accordance with our joint policy published in the Federal
Register on July 1, 1994 (59 FR 34270), we will seek the expert
opinions of at least three appropriate and independent specialists
regarding this proposed rule. The purpose of such review is to ensure
that our delisting decision is based on scientifically sound data,
assumptions, and analyses. We will send copies of this proposed rule to
these peer reviewers immediately following publication in the Federal
Register. We will invite these peer reviewers to comment, during the
public comment period, on the specific assumptions and conclusions
regarding the proposed delisting.
We will consider all comments and information received during the
comment period on this proposed rule during preparation of a final
rulemaking. Accordingly, the final
[[Page 1862]]
decision may differ from this proposed rule.
Clarity of the Rule
Executive Order 12866 requires each agency to write regulations and
notices that are easy to understand. We invite your comments on how to
make this proposed rule easier to understand including answers to
questions such as the following: (1) Are the requirements in the
document clearly stated? (2) Does the proposed rule contain technical
language or jargon that interferes with the clarity? (3) Does the
format of the proposed rule (grouping and order of sections, use of
headings, paragraphing, etc.) aid or reduce its clarity? (4) Is the
description of the proposed rule in the SUPPLEMENTARY INFORMATION;
section of the preamble helpful in understanding the document? (5) What
else could we do to make the proposed rule easier to understand? Send a
copy of any written comments about how we could make this rule easier
to understand to: Office of Regulatory Affairs, Department of the
Interior, Room 7229, 1849 C Street NW., Washington, DC 20240.
National Environmental Policy Act
We have determined that an Environmental Assessment or an
Environmental Impact Statement, as defined under the authority of the
National Environmental Policy Act of 1969, need not be prepared 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).
Paperwork Reduction Act
Office of Management and Budget (OMB) regulations at 5 CFR 1320
implement provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et
seq.). The OMB regulations at 5 CFR 1320.3(c) define a collection of
information as the obtaining of information by or for an agency by
means of identical questions posed to, or identical reporting,
recordkeeping, or disclosure requirements imposed on, 10 or more
persons. Furthermore, 5 CFR 1320.3(c)(4) specifies that ``ten or more
persons'' refers to the persons to whom a collection of information is
addressed by the agency within any 12-month period. For purposes of
this definition, employees of the Federal Government are not included.
The Service may not conduct or sponsor, and you are not required to
respond to, a collection of information unless it displays a currently
valid OMB control number.
This rule does not include any collections of information that
require approval by OMB under the Paperwork Reduction Act. The Agave
arizonica is being proposed for delisting because the taxonomic
interpretation that it is a species is no longer believed to be
correct; Agave arizonica is a sporadically occurring hybrid, rather
than a distinct taxon. Therefore, no monitoring period following
delisting would be required and so we do not anticipate a need to
request data or other information from 10 or more persons during any
12-month period to satisfy monitoring information needs. If it becomes
necessary to collect information from 10 or more non-Federal
individuals, groups, or organizations per year, we will first obtain
information collection approval from OMB.
Executive Order 13211
On May 18, 2001, the President issued Executive Order 13211 on
regulations that significantly affect energy supply, distribution, and
use. Executive Order 13211 requires agencies to prepare Statements of
Energy Effects when undertaking certain actions. As this proposed rule
is not expected to significantly affect energy supplies, distribution,
or use, this action is not a significant energy action and no Statement
of Energy Effects is required.
References Cited
DeLamater, R. 1984. Natural distribution and status of Agave
arizonica Gentry and Weber in Arizona with accompanying maps.
Prepared for USDA Forest Service Range Management, Albuquerque, NM. 11 pp.
DeLamater, R. and W. Hodgson. 1986. Agave arizonica: An endangered
species, a hybrid, or does it matter? Proceedings of a California
Native Plant Society Conference. Sacramento, CA.
Gentry, H. S. and J. H. Weber. 1970. Two New Agaves in Arizona.
Cactus and Succulent Journal. 42(5): 223-228.
Grant, V. 1963. The Origin of Adaptations. Columbia University
Press, New York. 606 pp.
Hodgson, W. and R. DeLamater. 1988. Agave arizonica Gentry and
Weber; Summary of status and report on recent studies. Desert
Botanical Gardens, Phoenix, AZ. U.S.D.I., U.S. Fish and Wildlife
Service, Albuquerque, NM. 11 pp.
Hodgson, W. 1999. Vascular plants of Arizona: Agavaceae. Journal of
Arizona-Nevada Academy of Science 32(1): 1-21.
Pinkava, D. J. and M. A. Baker. 1985. Chromosome and hybridization
studies of agaves. Desert Plants. 7(2): 93-100.
Riesberg, L. H. 1991. Hybridization in rare plants: insights from
case studies in Cercocarpus and Helianthus. In Genetics and
conservation of rare plants. Donald A. Falk and K. E. Holsinger
(Eds). Oxford University Press, New York. 283 pp.
Tr[auml]bold, P. A. 2001. Re-establishment--Agave arizonica. M.S.
thesis. California State University, Fullerton, CA. 65 pp.
Authors
The primary authors of this document are staff located at the
Ecological Services Tucson Sub-office (see ADDRESSES section).
List of Subjects in 50 CFR Part 17
Endangered and threatened species, Exports, Imports, Reporting and
recordkeeping requirements, Transportation.
Proposed Regulation Promulgation
Accordingly, we hereby propose to 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. 99-625, 100 Stat. 3500; unless otherwise noted.
Sec. 17.12 [Amended]
2. Amend Sec. 17.12(h) by removing the entry ``Agave arizonica''
under ``FLOWERING PLANTS'' from the List of Endangered and Threatened
Plants.
Dated: December 7, 2004.
Marshall Jones,
Acting Director, U.S. Fish and Wildlife Service.
[FR Doc. 05-442 Filed 1-10-05; 8:45 am]
BILLING CODE 4310-55-P