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As Required By The Endangered Species Act of 1973, The Service Has Begun A 5-Year Review For Seven Listed Southwestern Species

Special Consideration of a Taxonomic Question Regarding the Pima Pineapple Cactus Two studies of character variation within the species Coryphantha robustispina have recently become available to us: One was recently published by Schmalzel et al. (2004), and the other is a report by Baker (2004) of Arizona State University regarding a study carried out under our cooperative agreement with the Arizona Department of Agriculture under section 6 of the Endangered Species Act. These two studies reach different conclusions concerning the taxonomic validity of the Pima pineapple cactus (Coryphantha scheeri var. robustispina).

We have carefully reviewed both reports and have identified several technical issues on which we are particularly soliciting review and comment by knowledgeable experts during this status review of the Pima pineapple cactus. Schmalzel et al. (2004) concluded that their data suggest that the Pima pineapple cactus, a listed variety of C. robustispina (based on Taylor (1998) nomenclature), is not a valid taxonomic entity, and therefore does not meet the definition of ‘‘species’’ under the Act. They based this conclusion on (1) clinal variation in certain characters from west to east, and (2) overlap in characters
Definitions Related to This Notice The following definitions are provided to assist those persons who contemplate submitting information regarding the species being reviewed: A. Species includes any species or subspecies of fish, wildlife, or plant, and any distinct population segment of any species of vertebrate, which interbreeds when mature. B. Endangered means any species that is in danger of extinction throughout all or a significant portion of its range.

C. Threatened means any species that is likely to become an endangered species within the foreseeable future throughout all or a significant portion of its range.

How Do We Determine Whether a Species Is Endangered or Threatened?
Section 4(a)(1) of the Act establishes that we determine whether a species is endangered or threatened based on one or more of the five following factors:

A. The present or threatened destruction, modification, or curtailment of its habitat or range; B. Overutilization for commercial, recreational, scientific, or educational purposes; C. Disease or predation; D. The inadequacy of existing regulatory mechanisms; or E. Other natural or manmade factors affecting its continued existence.

Section 4(a)(1) of the Act requires that our determination be made on the basis of the best scientific and commercial data available.

What Could Happen as a Result of This Review?
 If we find that there is new information concerning lesser longnosed bat, black-capped vireo, Yuma clapper rail, Pima pineapple cactus, gypsum wild-buckwheat, Mesa Verde cactus, or Zuni fleabane indicating a change in classification may be
warranted, we may propose a new rule that could do one of the following: (a) Reclassify the species from endangered to threatened (downlist); (b) reclassify the species from threatened toendangered (uplist); or (c) remove the species from the List. If we determine that a change in classification is not warranted, then these species will remain on the List under their current status.

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    A Wrongful Death Is Treated In The Same Manner As A Regular Probate.

    Probate would still apply to the administration of the decedent’s estate.  Action may be taken in a separate civil case for a wrongful death action.  If a wrongful death action is the only asset of the estate, many courts have a different process than regular probate.


     


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