Presenter: John Herron

Commission Agenda Item No. 9
Action
Endangered, Threatened, and Protected Native Plant Regulations
January 2001

I. DISCUSSION: Parks and Wildlife Code, Chapter 88, requires the department to adopt regulations to administer the provisions of the chapter, including regulations to provide for identifying endangered, threatened, or protected plants and publication and distribution of lists of endangered, threatened, or protected plants. Staff received authorization from the Regulations Committee to publish proposed regulations in the Texas Register for public comment. The regulations appeared in the December 1, 2000 issue of the Texas Register (25 TexReg 11900). Staff has received no public comment concerning the proposed regulations; however, any public comment received by the time of the meeting will be summarized and available at the time of the meeting.

II. RECOMMENDATION: Staff recommends that the Texas Parks and Wildlife Commission adopt the following motion:

"The Texas Parks and Wildlife Commission adopts an amendment to §69.8, concerning Endangered, Threatened, and Protected Native Plants, with changes to the proposed text as published in the December 1, 2000 issue of the Texas Register (25 TexReg 11900)."

Attachments - 2
1. Exhibit A - Proposed Regulations
2. Exhibit B - Fiscal Note (Available upon request)


Commission Agenda Item No. 9
Exhibit A

Endangered, Threatened, and Protected Native Plants
Proposed Preamble

1. Introduction.

The Texas Parks and Wildlife Department proposes the amendment of §69.8, concerning Threatened and Endangered Plants. The amendment: adds the Zapata bladderpod to the list of endangered plants and deletes the Lloyd's hedgehog cactus from the same list, and adds the Pecos sunflower to the list of threatened plants while deleting the McKittrick pennyroyal from that list. The amendment is necessary to comply with the provisions of Parks and Wildlife Code, Chapter 88, which requires the department adopt regulations to administer the provisions of that chapter, including publication and distribution of lists of threatened, endangered, or protected plants. The amendment would function by affording statutory protection to the Zapata bladderpod and by removing the Lloyd's hedgehog cactus from the list of endangered plants.

2. Fiscal Note.

Robert Macdonald, regulations coordinator, has determined that for each of the first five years that the amendment as proposed is in effect, there will be no fiscal implications to state or local governments as a result of enforcing or administering the amendment.

3. Public Benefit - Cost Note.

Mr. Macdonald also has determined that for each of the first five years the amendment as proposed is in effect:

(A) The public benefit anticipated as a result of enforcing the rule as proposed will be the protection of the state's botanical resources.

(B) There will be no effect on small businesses, microbusinesses, or persons required to comply with the rule as proposed.

(C) The department has not filed a local impact statement with the Texas Employment Commission as required by Government Code, §2001.022, as this agency has determined that the rule as proposed will not impact local economies.

(D) 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 amendment.

4. Request for Public Comments.

Comments on the proposed rule may be submitted to John Herron, Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas 78744; (512) 389-4771 or 1-800-792-1112.

5. Statutory Authority.

The amendment is proposed under Parks and Wildlife Code, Chapter 88, which requires the commission to adopt regulations to administer the provisions of Chapter 88.

The amendment affects Parks and Wildlife Code, Chapter 88.

§69.8. Endangered and threatened plants.

(a) The following plants are endangered:

Cacti

Tobusch fishhook cactus Ancistrocactus tobuschii
star cactus Astrophytum asterias
Nellie cory cactus Coryphantha minima
Sneed pincushion cactus Coryphantha sneedii var. sneedii
[Lloyd’s hedgehog cactus Echinocereus lloydii]
black lace cactus Echinocereus reichenbachii var. albertii
Davis’ green pitaya Echinocereus viridiflorus var. davisii

Trees, Shrubs, and Subshrubs

Johnston’s frankenia Frankenia johnstonii
Walker’s manioc Manihot walkerae
Texas snowbells Styrax 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 Lesquerella pallida
Texas trailing phlox Phlox nivalis ssp. texensis
ashy dogweed Thymophylla tephroleuca
Zapata Bladderpod 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
Chisos Mountains hedgehog cactus Echinocereus chisoensis var. chisoensis
Lloyd’s mariposa cactus Neolloydia mariposensis

Trees, Shrubs, and Subshrubs

Hinckley’s oak Quercus hinckleyi


Wildflowers

[McKittrick pennyroyal Hedeoma apiculatum]
Pecos Sunflower Helianthus paradoxus

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

 


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