Commission Agenda Item No. 3
Presenter:
Michael Warriner
Action
Threatened and Endangered Nongame Species
Endangered, Threatened, and Protected Native Plants
I. Executive Summary: This item seeks adoption of proposed amendments to the department’s lists of federally endangered and state-threatened nongame wildlife and endangered, threatened, and protected plants. The proposed amendments would:
- Add the Austin blind salamander (Eurycea waterlooensis), the diminutive amphipod (Gammarus hyalleloides), Pecos amphipod (Gammarus pecos), Diamond tryonia (Pseudotryonia adamantina), Phantom springsnail (Pyrgulopsis texana); Phantom tryonia (Tryonia cheatumi), and the Gonzales tryonia (Tryonia circumstriata) to the department’s list of endangered species in response the listing of those organisms as endangered by the U.S. Fish and Wildlife Service;
- Add the Texas golden gladecress (Leavenworthia texana) to the department’s list of endangered plant species in response the listing of that organism as endangered by the U.S. Fish and Wildlife Service;
- Remove the margay (Felis wiedii) from the state’s list of threatened species;
- Remove the Pima pineapple cactus (Coryphantha scheeri var. robustipina) from the list of threatened plant species: and
- Update taxonomic nomenclature for various organisms.
II. Discussion: Under Parks and Wildlife Code, Chapter 68, a species of fish or wildlife indigenous to Texas is endangered if it appears on the United States List of Endangered Native Fish and Wildlife or is on a list of species threatened with statewide extinction as filed by the director of the department with the Texas Secretary of State. This list must be on file at least 60 days before being adopted. As a matter of policy, the federal list is maintained by rule as a convenience to the public.
Under Parks and Wildlife Code, Chapter 88, a species of plant is endangered, threatened, or protected if it is indigenous to Texas and 1) listed by the federal government as endangered, or 2) designated by the executive director of the Texas Parks and Wildlife Department as endangered, threatened or protected. At the current time, the department maintains a single list of endangered species that contains only those species indigenous to Texas listed by the federal government as endangered.
At the Work Session meeting on August 20, 2014, staff was authorized to publish the proposed rules in the Texas Register for public comment. The proposed rules appeared in the September 26, 2014 issue of the Texas Register (39 TexReg 7729). A summary of public comment on the proposed rules will be presented at the time of the hearing.
III. RECOMMENDATION: Staff recommends that the Commission adopt the proposed motion:
“The Texas Parks and Wildlife Commission adopts amendments to §65.175 and §65.176, concerning Threatened and Endangered Nongame Species, and §69.8, concerning Endangered and Threatened Plants, with changes as necessary to the proposed text as published in the September 26, 2014, issue of the Texas Register (39 TexReg 7729).”
Commission Agenda Item No. 3
Exhibit A
THREATENED AND ENDANGERED SPECIES RULES
PROPOSAL PREAMBLE
1. Introduction.
The Texas Parks and Wildlife Department (the department) proposes amendments to §65.175 and §65.176, concerning Threatened and Endangered Nongame Species.
The proposed amendment to §65.175, concerning Threatened Species, would update the scientific names of one species of snake and seven species of birds and would remove the margay (Felis wiedii) from the list of threatened species. The proposed amendment to §65.176, concerning Endangered Species, would add the Austin blind salamander (Eurycea waterlooensis), the diminutive amphipod (Gammarus hyalleloides), Pecos amphipod (Gammarus pecos), Diamond tryonia (Pseudotryonia adamantina), Phantom springsnail (Pyrgulopsis texana); Phantom tryonia (Tryonia cheatumi), and the Gonzales tryonia (Tryonia circumstriata)phipod (Gammarus hyalleloides), Pecos amphipod (Gammarus pecos), Diamond tryonia (Pseudotryonia adamantina), Phantom springsnail (Pyrgulopsis texana); Phantom tryonia (Tryonia cheatumi), and the Gonzales tryonia (Tryonia circumstriata) to the list of endangered species.
From time to time the scientific community reclassifies an organism in light of consensus and/or emerging science. Scientific reclassification or change in nomenclature of taxa at any level in the taxonomic hierarchy does not, in and of itself, affect the status of a species as endangered, threatened or protected, but the department believes that the common and scientific names of listed organisms should reflect the most current agreement by the scientific community. The scientific names for the gray hawk, interior least tern, sooty tern, Bachman’s sparrow, Arizona Botteri’s sparrow, Texas Botteri’s sparrow, and tropical parula recently have been reclassified; therefore the proposed amendments would reflect those changes. The margay is being removed from the list of threatened species as the last documented occurrence was made in the mid-19th century with no observations since. Otherwise the species is known only from Texas on the basis of fossilized remains.
Under Parks and Wildlife Code, Chapter 68, a species is endangered under state law if it is (1) indigenous to Texas and listed by the federal government as endangered; or (2) designated by the executive director of the Texas Parks and Wildlife Department as “threatened with statewide extinction.” Tex. Parks & Wild. Code §68.002. At the current time, the department maintains a single list of endangered species that contains only those species indigenous to Texas listed by the federal government as endangered. The only species considered as “threatened with statewide extinction” under state law are those species listed by the federal government. The Austin blind salamander was listed as endangered by the U.S. Fish and Wildlife Service on September 19, 2013 and was inadvertently not added to the state endangered species list at the time. Similarly, the diminutive amphipod (Gammarus hyalleloides), the Pecos amphipod (Gammarus pecos), the Diamond tryonia (Pseudotryonia adamantina), Phantom tryonia (Tryonia cheatumi), Phantom springsnail (Pyrgulopsis texana), Gonzales tryonia (Tryonia circumstriata) were listed on July 9, 2013. The proposed amendment rectifies the oversights.
Under Chapter 68, the department is not required to list federally endangered species by rule; however, whenever the federal government modifies the list of endangered species, the executive director is required to file an order with the secretary of state regarding the modification. Similarly, the executive director may amend the list of species threatened with statewide extinction by filing an order with the secretary of state, but must provide notice of intent to file such an order at least 60 days prior to filing the order. Tex. Parks & Wild. Code §68.004. This rulemaking constitutes the department’s notice of intent to modify the endangered species list which also serves as the list of species threatened with statewide extinction, as required under Chapter 68.
2. Fiscal Note.
John Davis, Wildlife Diversity Program Director, has determined that for each of the first five years the amendments as proposed are in effect, there will be no fiscal implications to state or local government as a result of enforcing or administering the rules.
3. Public Benefit/Cost Note.
Mr. Davis also has determined that for each of the first five years the rules as proposed are in effect:
(A) The public benefit anticipated as a result of enforcing or administering the rules as proposed will be elimination of confusion between state and federal lists of endangered species, the protection of rare species, the opportunity for the public to enjoy the regulated use of recovered species, and regulations that are accurate and informative.
(B) There will be no adverse economic impact on persons required to comply with the rules as proposed.
(C) Under the provisions of Government Code, Chapter 2006, a state agency must prepare an economic impact statement and a regulatory flexibility analysis for a rule that may have an adverse economic effect on small businesses and micro-businesses. As required by Government Code, §2006.002(g), the Office of the Attorney General has prepared guidelines to assist state agencies in determining a proposed rule’s potential adverse economic impact on small businesses. Those guidelines state that an agency need only consider a proposed rule’s “direct adverse economic impacts” to small businesses and micro-businesses to determine if any further analysis is required. For that purpose, the department considers “direct economic impact” to mean a requirement that would directly impose recordkeeping or reporting requirements; impose taxes or fees; result in lost sales or profits; adversely affect market competition; or require the purchase or modification of equipment or services. Since the listing of species as “threatened with statewide extinction” merely reiterates the list of species listed as endangered by federal regulation, the department has determined that there will be no adverse economic impacts on small businesses or microbusinesses as a result of the proposed amendments. Accordingly, the department has not prepared a regulatory flexibility analysis under Government Code, Chapter 2006.
(C) The department has not drafted a local employment impact statement under the Administrative Procedures Act, §2001.022, as the agency has determined that the rules as proposed will not impact local economies.
(D) The department has determined that Government Code, §2001.0225 (Regulatory Analysis of Major Environmental Rules), does not apply to the proposed rules.
(E) The department has determined that there will not be a taking of private real property, as defined by Government Code, Chapter 2007, as a result of the proposed rules.
4. Request for Public Comment.
Comments on the proposed rules may be submitted to Mr. John Davis, Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas 78744; (512) 389-8587, e-mail: john.davis@tpwd.texas.gov or on the department website at www.tpwd.texas.gov.
5. Statutory Authority.
The amendments are proposed under Parks and Wildlife Code, Chapter 67, which authorizes the commission to establish any limits on the taking, possession, propagation, transportation, importation, exportation, sale, or offering for sale of nongame fish or wildlife that the department considers necessary to manage the species, and Chapter 68, which authorizes regulations necessary to administer the provisions of Chapter 68 and to attain its objectives, including regulations to govern the publication and distribution of lists of species and subspecies of endangered fish or wildlife and their products and limitations on the capture, trapping, taking, or killing, or attempting to capture, trap, take, or kill, and the possession, transportation, exportation, sale, and offering for sale of endangered species.
The proposed amendments affect Parks and Wildlife Code, Chapters 67 and 68.
6. Rule Text.
§65.175. Threatened Species. A threatened species is any species that the department has determined is likely to become endangered in the future. The following species are hereby designated as threatened species:
State-Listed Threatened Species in Texas
MAMMALS
[Margay Leopardus (Felis (=Felis) wiedii)]
Louisiana Black Bear (Ursus americanus luteolus)
Black Bear (Ursus americanus)
White-nosed Coati (Nasua narica)
Southern Yellow Bat (Lasiurus ega)
Spotted bat (Euderma maculatum)
Rafinesque’s Big-eared Bat (Corynorhinus rafinesquii)
Texas Kangaroo Rat (Dipodomys elator)
Coues’ Rice Rat (Oryzomys couesi)
Palo Duro Mouse (Peromyscus truei comanche)
Gervais’ Beaked Whale (Mesoplodon europaeus)
Goose-beaked Whale (Ziphius cavirostris)
Pygmy Sperm Whale (Kogia breviceps)
Dwarf Sperm Whale (Kogia simus)
Killer Whale (Orcinus orca)
False Killer Whale (Pseudorca crassidens)
Short-finned Pilot Whale (Globicephala macrorhynchus)
Pygmy Killer Whale (Feresa attenuata)
Atlantic Spotted Dolphin (Stenella frontalis)
Rough-toothed Dolphin (Steno bredanensis)
BIRDS
Bald Eagle (Haliaeetus leucocephalus)
Common Black-hawk (Buteogallus anthracinus)
Gray Hawk (Buteo plagiatus)[(Asturina nitidus)]
White-tailed Hawk (Buteo albicaudatus)
Zone-tailed Hawk (Buteo albonotatus)
Peregrine Falcon (Falco peregrinus anatum)
Cactus Ferruginous Pygmy-owl (Glaucidium brasilianum cactorum)
Mexican Spotted Owl (Strix occidentalis lucida)
Piping Plover (Charadrius melodus)
Reddish Egret (Egretta rufescens)
White-faced Ibis (Plegadis chihi)
Wood Stork (Mycteria americana)
Swallow-tailed Kite (Elanoides forficatus)
Sooty Tern (Onychoprion fuscatus)[(Sterna fuscata)]
Northern Beardless-tyrannulet(Camptostoma imberbe)
Rose-throated Becard (Pachyramphus aglaiae)
Tropical Parula Setophaga pitiayumi [(Parula pitiayumi)]
Bachman’s Sparrow (Peucaea aestivalis)[(Aimophila aestivalis)]
Texas Botteri’s Sparrow (Peucaea botterii texana) [(Aimophila botterii texana)]
Arizona Botteri’s Sparrow (Peucaea botterii arizonae) [(Aimophila botterii arizonae)]
REPTILES
Green Sea Turtle (Chelonia mydas)
Loggerhead Sea Turtle (Caretta caretta)
Alligator Snapping Turtle (Macrochelys temminckii)
Cagle’s Map Turtle (Graptemys caglei)
Chihuahuan Mud Turtle (Kinosternon hirtipes murrayi)
Texas Tortoise (Gopherus berlandieri)
Reticulated Gecko (Coleonyx reticulatus)
Reticulate Collared Lizard (Crotaphytus reticulatus)
Texas Horned Lizard (Phrynosoma cornutum)
Mountain Short-horned Lizard (Phrynosoma hernandesi)
Scarlet Snake (Cemophora coccinea copei, C. c. lineri)
Black-striped Snake (Coniophanes imperialis)
Texas Indigo Snake (Drymarchon melanurus) [(Drymarchon corais)]
Speckled Racer Drymobius margaritiferus)
Northern Cat-eyed Snake (Leptodeira septentrionalis septentrionalis)
Louisiana Pine Snake (Pituophis ruthveni)
Brazos Water Snake (Nerodia harteri)
Smooth Green Snake (Liochlorophis vernalis)
Trans-Pecos Black-headed Snake (Tantilla cucullata)
Chihuahuan Desert Lyre Snake (Trimorphodon vilkinsonii)
Timber (Canebrake) Rattlesnake (Crotalus horridus)
AMPHIBIANS
San Marcos Salamander (Eurycea nana)
Cascade Caverns Salamander (Eurycea latitans)
Comal Blind Salamander (Eurycea tridentifera)
Blanco Blind Salamander (Eurycea robusta)
Black-spotted Newt (Notophthalmus meridionalis)
South Texas Siren (large form) (Siren sp.1)
Mexican Tree Frog (Smilisca baudinii)
White-lipped Frog (Leptodactylus fragilis)
Sheep Frog (Hypopachus variolosus)
Mexican Burrowing Toad (Rhinophrynus dorsalis)
FISHES
Shovelnose Sturgeon (Scaphirhynchus platorynchus)
Paddlefish (Polyodon spathula)
Mexican Stoneroller (Campostoma ornatum)
Rio Grande Chub (Gila pandora)
Blue Sucker (Cycleptus elongatus)
Creek Chubsucker (Erimyzon oblongus)
Toothless Blindcat (Trogloglanis pattersoni)
Widemouth Blindcat (Satan eurystomus)
Conchos Pupfish (Cyprinodon eximius)
Pecos Pupfish (Cyprinodon pecosensis)
Rio Grande Darter (Etheostoma grahami)
Blackside Darter (Percina maculata)
Opossum Pipefish (Microphis brachyurus)
River Goby (Awaous banana)
Mexican Goby (Ctenogobius claytonii)
San Felipe Gambusia (Gambusia clarkhubbsi)
Blotched Gambusia (Gambusia senilis)
Devils River Minnow (Dionda diaboli)
Arkansas River Shiner (Notropis girardi)
Bluehead Shiner (Pteronotropis hubbsi)
Chihuahua Shiner (Notropis chihuahua)
Bluntnose Shiner (Notropis simus)
Proserpine Shiner (Cyprinella proserpina)
MOLLUSCS
False spike (Quadrula mitchelli)
Golden orb (Quadrula aurea)
Louisiana Pigtoe (Pleurobema ridellii)
Mexican fawnsfoot (Truncilla cognata)
Salina mucket (Potamilus metnecktayi)
Sandbank pocketbook (Lampsilis satura)
Smooth pimpleback (Quadrula houstonensis)
Southern hickorynut (Obovaria jacksoniana)
Texas fatmucket (Lampsilis bracteata)
Texas fawnsfoot (Truncilla macrodon)
Texas heelsplitter (Potamilus amphichaenus)
Texas hornshell (Popenaias popeii)
Texas pigtoe (Fusconaia askewi)
Texas pimpleback (Quadrula petrina)
Triangle pigtoe (Fusconaia lananensis)
§65.176. Endangered Species. The following species are endangered species.
Endangered Species
MAMMALS
Mexican long-nosed Bat (Leptonycteris nivalis)
Jaguar (Panthera onca)
Jaguarundi (Herpailurus (=Felis) yagouaroundi cacomii)
West Indian Manatee (Trichecus manatus)
Ocelot (Leopardus (=Felis) pardalis)
Finback Whale (Balaenoptera physalus)
Humpback Whale (Megaptera novaeangliae)
Gray Wolf (Canis lupus)
Red Wolf (Canis rufus)
BIRDS
Whooping Crane (Grus americana)
Eskimo Curlew (Numenius borealis)
Northern Aplomado Falcon (Falco femoralis septentrionalis)
Southwestern Willow Flycatcher (Empidonax traillii extimus)
Attwater’s Prairie-chicken (Tympanuchus cupido attwateri)
Interior Least Tern (Sternula antillarum athalassos) [(Sterna antillarum athalassos)]
Black-capped Vireo (Vireo atricapilla)
Golden-cheeked Warbler (Setophaga chrysoparia)
Red-cockaded Woodpecker (Picoides borealis)
REPTILES
Hawksbill Sea turtle (Eretmochelys imbricata)
Kemp’s Ridley Sea turtle (Lepidochelys kempii)
Leatherback Sea turtle (Dermochelys coriacea)
AMPHIBIANS
Austin blind salamander (Eurycea waterlooensis)
Barton Springs Salamander (Eurycea sosorum)
Texas blind Salamander (Typhlomolge rathbuni)
Houston Toad (Anaxyrus houstonensis)
FISHES
Fountain Darter (Etheostoma fonticola)
Big Bend Gambusia (Gambusia gaigei)
Clear Creek Gambusia (Gambusia heterochir)
Pecos Gambusia (Gambusia nobilis)
San Marcos Gambusia (Gambusia georgei)
Rio Grande Silvery Minnow (Hybognathus amarus)
Comanche Springs Pupfish (Cyprinodon elegans)
Leon Springs Pupfish (Cyprinodon bovinus)
Smalltooth Sawfish (Pristis pectinata)
MOLLUSCS
Pecos Assiminea Snail (Assiminea pecos)
CRUSTACEA
Peck’s Cave Amphipod (Stygobromus (=Stygonectes) pecki)
AQUATIC ANIMALS
Comal Springs riffle beetle (Heterelmis comalensis)
Comal Springs dryopid beetle (Stygoparnus comalensis)
Diminutive amphipod (Gammarus hyalleloides)
Pecos amphipod (Gammarus pecos)
Diamond tryonia (Pseudotryonia adamantina)
Phantom springsnail (Pyrgulopsis texana)
Phantom tryonia (Tryonia cheatumi)
Gonzales tryonia (Tryonia circumstriata)
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency’s authority to adopt.
Issued in Austin, Texas, on
Commission Agenda Item No. 3
Exhibit B
ENDANGERED, THREATENED, AND PROTECTED NATIVE PLANTS
PROPOSAL PREAMBLE
1. Introduction.
The Texas Parks and Wildlife Department (the department) proposes an amendment to §69.8, concerning Endangered and Threatened Plants. The proposed amendment would add one species to the list of endangered species of plants, remove one species from the list of threatened species of plants, and update the scientific names of three species of plants.
Under Parks and Wildlife Code, Chapter 88, a species of plant is endangered, threatened, or protected if it is indigenous to Texas and (1) listed by the federal government as endangered, or (2) designated by the executive director of the Texas Parks and Wildlife Department as endangered, threatened or protected. At the current time, the department maintains a single list of endangered plants that contains only those plants indigenous to Texas listed by the federal government as endangered. The Texas golden gladecress (Leavenworthia texana) was listed as endangered by the U.S. Fish and Wildlife Service on October 11, 2013 and was inadvertently not added to the state endangered list at the time. The proposed amendment rectifies that oversight.
Under Chapter 88, the department is not required to list federally endangered plants by rule; however, whenever the federal government modifies the list of endangered plants, the executive director is required to file an order with the secretary of state regarding the modification. Similarly, the executive director may amend the list of endangered, threatened, and protected species by filing an order with the secretary of state, but must provide notice of intent to file such an order at least 60 days prior to filing the order. This rulemaking constitutes the department’s notice of intent to modify the list of endangered, threatened, and protected native plants.
The proposed amendment also would remove the Pima pineapple cactus (Coryphantha scheeri var. robustipina) from the threatened species list because there is no evidence that the species occurs in Texas.
From time to time the scientific community reclassifies an organism in light of consensus and/or emerging science. Scientific reclassification or change in nomenclature of taxa at any level in the taxonomic hierarchy does not, in and of itself, affect the status of a species as endangered, threatened or protected, but the department believes that the common and scientific names of listed organisms should reflect the most current agreement by the scientific community. The scientific names for the Davis’ green pitaya, white bladderpod, and Zapata bladderpod recently have been reclassified; therefore the proposed amendment would reflect those changes.
The proposed amendment also eliminates the tabular format of the lists of endangered and threatened plants and simply lists the species.
2. Fiscal Note.
John Davis, Wildlife Diversity Program Director, has determined that for each of the first five years the amendment as proposed is in effect, there will be no fiscal implications to state or local government as a result of enforcing or administering the rule.
3. Public Benefit/Cost Note.
Mr. Davis also has determined that for each of the first five years the rule as proposed is in effect:
(A) The public benefit anticipated as a result of enforcing or administering the rule as proposed will be the elimination of confusion between state and federal lists of endangered species, protection of rare species, the opportunity for the public to enjoy the regulated use of recovered species, and regulations that are accurate and informative.
(B) There will be no adverse economic impact on persons required to comply with the rule as proposed.
(C) Under the provisions of Government Code, Chapter 2006, a state agency must prepare an economic impact statement and a regulatory flexibility analysis for a rule that may have an adverse economic effect on small businesses and micro-businesses. As required by Government Code, §2006.002(g), the Office of the Attorney General has prepared guidelines to assist state agencies in determining a proposed rule’s potential adverse economic impact on small businesses. Those guidelines state that an agency need only consider a proposed rule’s “direct adverse economic impacts” to small businesses and micro-businesses to determine if any further analysis is required. For that purpose, the department considers “direct economic impact” to mean a requirement that would directly impose recordkeeping or reporting requirements; impose taxes or fees; result in lost sales or profits; adversely affect market competition; or require the purchase or modification of equipment or services. Since the listing of species as “threatened with statewide extinction” merely reiterates the list of species listed as endangered by federal regulation, the department has determined that there will be no adverse economic impacts on small businesses or microbusinesses as a result of the proposed amendment. Accordingly, the department has not prepared a regulatory flexibility analysis under Government Code, Chapter 2006.
(C) The department has not drafted a local employment impact statement under the Administrative Procedures Act, §2001.022, as the agency has determined that the rule as proposed will not impact local economies.
(D) The department has determined that Government Code, §2001.0225 (Regulatory Analysis of Major Environmental Rules), does not apply to the proposed rule.
(E) The department has determined that there will not be a taking of private real property, as defined by Government Code, Chapter 2007, as a result of the proposed rule.
4. Request for Public Comment.
Comments on the proposed rule may be submitted to Mr. John Davis, Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas 78744; (512) 389-8587, e-mail: john.davis@tpwd.texas.gov or on the department website at www.tpwd.texas.gov.
5. Statutory Authority.
The amendment is proposed under Parks and Wildlife Code, Chapter 88, which requires the department t to adopt regulations to provide for the identification and publication of lists of endangered, threatened, or protected plants.
The proposed amendment affects Parks and Wildlife Code, Chapters 88.
6. Rule Text.
§69.8. Endangered and Threatened Plants.
(a) The following plants are endangered:
CACTI
star cactus (Astrophytum asterias)
Nellie cory cactus (Escobaria minima)
Sneed pincushion cactus (Escobaria sneedii var. sneedii)
black lace cactus (Echinocereus reichenbachii var. albertii)
Davis’ green pitaya (Echinocereus davisii) [(Echinocereus viridiflorus var. davisii)]
[Pima pineapple cactus (Coryphantha scheeri var. robustispina)]
Tobusch fishhook cactus (Sclerocactus brevihamatus ssp. tobuschii)
TREES, SHRUBS, AND SUBSHRUBS
Johnston’s frankenia (Frankenia johnstonii)
Walker’s manioc (Manihot walkerae)
Texas snowbells (Styrax platanifolius ssp. texanus)
WILDFLOWERS
large-fruited sand verbena (Abronia macrocarpa)
South Texas ambrosia (Ambrosia cheiranthifolia)
Texas ayenia (Ayenia limitaris)
Texas poppy mallow (Callirhoe scabriuscula)
Terlingua Creek cat’s-eye (Cryptantha crassipes)
slender rush-pea (Hoffmannseggia tenella)
Texas prairie dawn (Hymenoxys texana)
white bladderpod (Physaria pallida) [(Lesquerella pallida)]
Texas trailing phlox (Phlox nivalis ssp. texensis)
Texas golden gladecress (Leavenworthia texana)
ashy dogweed (Thymophylla tephroleuca)
Zapata bladderpod (Physaria thamnophila) [(Lesquerella thamnophila)]
ORCHIDS
Navasota ladies’-tresses (Spiranthes parksii)
GRASSES AND GRASS-LIKE PLANTS
Little Aguja pondweed (Potamogeton clystocarpus)
Texas wild-rice (Zizania texana)
(b) The following plants are threatened:
CACTI
Bunched cory cactus (Coryphantha ramillosa ssp. ramillosa)
Chisos Mountains hedgehog cactus (Echinocereus chisoensis var. chisoensis)
Lloyd’s mariposa cactus (Sclerocactus mariposensis)
TREES, SHRUBS, AND SUBSHRUBS
Hinckley’s oak (Quercus hinckleyi)
WILDLFLOWERS
Pecos Sunflower (Helianthus paradoxus)
Tinytim (Geocarpon minimum)
(c) Scientific reclassification or change in nomenclature of taxa at any level in the taxonomic hierarchy will not, in and of itself, affect the status of a species as endangered, threatened or protected.
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency’s authority to adopt.
Issued in Austin, Texas, on