[Federal Register Volume 59, Number 174 (Friday, September 9, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-22368]
[[Page Unknown]]
[Federal Register: September 9, 1994]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
RIN 1018-AC74
Endangered and Threatened Wildlife and Plants; Proposed
Threatened Status for Helianthus eggertii (Eggert's Sunflower)
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule.
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SUMMARY: The U.S. Fish and Wildlife Service (Service) proposes to
determine threatened status for Helianthus eggertii (Eggert's
sunflower) under the authority of the Endangered Species Act of 1973,
as amended (Act). This rare plant is presently known from Alabama,
Tennessee and Kentucky with a total of 24 populations in 13 counties.
It is threatened throughout its range by habitat alteration;
residential, commercial, or industrial development; succession; and
conversion of its limited habitat to pasture or cropland. Additionally,
herbicide use, particularly along roadsides, may also be a threat. This
proposal, if made final, would extend the Act's protection and recovery
provisions to Eggert's sunflower.
DATES: Comments from all interested parties must be received by
November 8, 1994. Public hearing requests must be received by October
24, 1994.
ADDRESSES: Comments, materials, and requests for a public hearing
concerning this proposal should be sent to the Field Supervisor,
Asheville Field Office, U.S. Fish and Wildlife Service, 330 Ridgefield
Court, Asheville, North Carolina 28806. Comments and materials received
will be available for public inspection, by appointment, during normal
business hours at the above address.
FOR FURTHER INFORMATION CONTACT: Mr. J. Allen Ratzlaff at the above
address (704/665-1195, Ext. 229).
SUPPLEMENTARY INFORMATION:
Background
Helianthus eggertii (Eggert's sunflower) is a perennial member of
the aster family (Asteraceae) known only from Kentucky, Tennessee, and
Alabama. It is a tall (to 2.5 meters) plant arising from a short, thick
base, perennating by shallow elongate, fleshy rhizomes that can form an
extensive network. The plant is smooth, except for some slight
roughening on the upper leaf surfaces, and has a blue-waxy coloration.
Lower leaves are conspicuously whitened. The plant's opposite (rarely
whorled) leaves are mostly lanceolate to narrowly ovate--the largest
being 10 to 20 centimeters (3.9 to 7.9 inches) long. Leaf edges are
smooth or minutely toothed and the tip is usually pointed. Large (3-
inch) yellow flowers are borne on the upper third of the stem. Achenes
(seeds) are blackish or grayish and mottled, 5 to 6 millimeters (0.25
inches) long, very faintly striated, with just a few scattered
trichomes (``hairs''). Flowering begins in early August and continues
through mid-September, and achenes mature from early September to early
October (Jones 1991). Jones (1991) observed fruit set at between 5 and
25 seeds per head. Germination rates are generally low for Helianthus,
rarely exceeding 25 percent, and most require cold treatment (Heiser et
al. 1969).
Eggert's sunflower develops an extensive rhizome system and it is
likely these rhizomes can live for many years. Thus, the plant would
not necessarily have to have fruit every year to insure its survival.
Further, if environmental conditions changed (i.e., increased
competition, shading, etc.) it may be able to survive for several years
by vegetative means. Jones (1991) noted this was the case at several
populations. How long they can survive under these conditions is
unknown.
Small (1903) described Eggert's sunflower from specimens collected
by H. Eggert near White Bluff in Dickson County, Tennessee. Beatley
(1963) considered the plant a distinct species that was ``conspicuous
because of the colonial habit and glaucescense.'' In a comprehensive
essay on Helianthus, Heiser et al. (1969) retained H. eggertii as a
distinct species and placed it in the series Divaricati, being
distinguished by the nearly sessile, glaucous, and glabrous leaves.
This work pointed out that H. eggertii is a hexaploid (n=51) and could
have arisen from a cross between H. laevigatus (n=34), a shale barren
species of the Alleghany Mountains, and H. decapetalus (n=17), a
widespread species of the eastern United States.
Spring and Schilling (1991) found Helianthus eggertii to have a
unique chemical profile. Of the related sunflowers, the most similar
was H. laevigatus, which shares 9 of 12 compounds. Smith (1957)
considered H. eggertii to be a local minor variant of H. strumosus but
this species proved to be very dissimilar biochemically.
Helianthus eggertii typically occurs on rolling to flat uplands in
full sun or partial shade. It is often found in open fields or thickets
along woodland borders with other tall herbs and small trees. The
distribution of this species shows a strong correlation with the
barrens (and similar habitats) of the Interior Low Plateau Province,
with a few records from the Cumberland Plateau and Appalachian Plateau
Provinces. The following is a description of the species' status within
each State where it occurs.
Alabama. The one known location for Eggert's sunflower in Alabama
(Blount County) was discovered in 1981 by Robert Kral (Jones 1991).
This population, while presently vigorous, could be impacted by
Interstate-65 maintenance or improvements, or by development.
Tennessee. The following information on Eggert's sunflower in
Tennessee is primarily from Jones (1991).
Prior to the status survey conducted by Jones (1991) there were 12
counties in Tennessee with records (13) of Helianthus eggertii. Four
sites have been extirpated (one each in Coffee, Davidson, Lawrence, and
Williamson Counties) and four were found to be erroneous (one each in
Dekalb, Grundy, Clay, and Morgan Counties). Additional populations were
discovered during the status survey and later by Milo Pyne (Tennessee
Department of Environment and Conservation, 1993, in litt.). Several
sites in Coffee County and Lewis County are likely single populations
and are treated as such in this document. The 15 known H. eggertii
sites in Tennessee are distributed as follows: Coffee County--5
populations (one of which has 8 ``subpopulations''), Lawrence County--4
populations, and 1 population each in Dickson, Franklin, Lewis (with 6
``subpopulations''), Marion, Maury, and Williamson Counties. Most of
these populations are small--half have fewer than 20 individual plants
(genets). The other populations contain several hundred stems, but
likely only a small percentage of these are individual genets. Ten of
the 15 Tennessee populations are threatened by either roadside
maintenance, weedy invaders, or development. One entire population
(Arnold Engineering Development Center--this population is made up of 8
subpopulations) and a portion of another in Tennessee are on Federal
land, three are all or partially on State land, and the remainder are
in roadside rights-of-way or on private land.
Kentucky. The following information on Eggert's sunflower in
Kentucky was primarily derived from Jones (1991).
All known Eggert's sunflower populations in Kentucky are from the
Mammoth Cave Plateau region. Prior to the status survey conducted by
Jones (1991) there were three counties in Kentucky with single
occurrence records of Helianthus eggertii. One site, in Edmonson
County, has been extirpated and the other two records proved to be
erroneous (one each in Lincoln and Jackson Counties). However, seven
new populations were discovered during the status survey and an
additional site was discovered in July 1992 (D. White, Kentucky State
Nature Preserves Commission, 1993, in litt.). The eight known H.
eggertii sites in Kentucky are distributed as follows: one population
from the Edmonson/Barren County line, and one additional population
from each of these counties, one population from Grayson County, and
four populations from Hart County. All but one of these populations
have fewer than 15 individual plants (genets) and 4 have 5 or fewer.
Only two populations are in barrens and half are threatened by weedy
competitors and/or road maintenance. Three of the eight Kentucky
populations are all or partially on Federal land (Mammoth Cave National
Park), one is owned by The Nature Conservancy, and the remainder are in
roadside rights-of-way or are in private ownership.
Previous Federal Action
Federal government actions on this species began with Section 12 of
the Act (16 U.S.C. 1531 et seq.), which directed the Secretary of the
Smithsonian Institution (Smithsonian) to prepare a report on those
plants considered endangered, threatened, or extinct. This report,
designated as House Document No. 94-51, was presented to Congress on
January 9, 1975. On July 1, 1975, the Service published a notice (40 FR
27823) that formally accepted the Smithsonian report as a petition
within the context of Section 4(c)(2) (now Section 4(b)(3)) of the Act.
By accepting this report as a petition, the Service also acknowledged
its intention to review the status of those plant taxa named within the
report. Helianthus eggertii was included in the Smithsonian report and
the July 1, 1975, Notice of Review. On June 16, 1976, the Service
published a proposed rule (41 FR 24523) to determine approximately
1,700 vascular plant taxa to be endangered species pursuant to section
4 of the Act; Helianthus eggertii was included in this proposal.
The 1978 amendments to the Act required that all proposals over 2
years old be withdrawn. On December 10, 1979 (44 FR 70796), the Service
published a notice withdrawing plants proposed on June 16, 1976. The
revised notice of review for native plants published on December 15,
1980 (45 FR 82480), included H. eggertii as a category 2 species. This
species was retained as a category 2 species when the notice of review
for native plants was revised in 1983 (48 FR 53640), 1985 (50 FR
39526), and again in 1990 (50 FR 6184). Category 2 species are those
for which the Service has information to indicate that proposing to
list them as endangered or threatened may be appropriate, but for which
substantial data on biological vulnerability and threats are not
currently known or on file to support the preparation of rules.
Section 4(b)(3)(B) of the Act, as amended in 1982, requires the
Secretary to make certain findings on pending petitions within twelve
months of their receipt. Section 2(b)(1) of the 1982 amendments further
requires that all petitions pending on October 13, 1982, be treated as
having been newly submitted on that date. This was the case for
Helianthus eggertii because of the acceptance of the 1975 Smithsonian
report as a petition. Beginning in October 1983, and in each October
thereafter until 1993, the Service made an annual finding that listing
Helianthus eggertii was warranted but precluded by other pending
listing actions of a higher priority, and that additional data on
vulnerability and threats were still being gathered. Additional data,
discussed below, are now available to indicate that listing is
warranted. The current proposal represents the final petition finding
for this species.
The Service funded a survey in 1989 to better determine the status
of H. eggertii throughout its range, and a final report on this survey
was accepted by the Service in 1991. Based primarily on information
contained in the 1991 report, the Service elevated H. eggertii to a
category 1 species on August 30, 1993, and it was included as such in
the revised notice of review for native plants published on September
30, 1993 (50 FR 51144). Category 1 species are those for which the
Service has sufficient information on hand to support a proposal for
listing.
Summary of Factors Affecting the Species
Section 4(a)(1) of the Act and regulations (50 CFR Part 424)
promulgated to implement the listing provisions of the Act set forth
the procedures for adding species to the Federal lists. A species may
be determined to be an endangered or threatened species due to one or
more of the five factors described in Section 4(a)(1). These factors
and their application to Helianthus eggertii Small (Eggert's sunflower)
are as follows:
A. The present or threatened destruction, modification, or
curtailment of its habitat or range. Fifty-eight percent of the 24
known populations of Helianthus eggertii are threatened with
destruction or adverse modification of their habitat.
Thirteen (54 percent) of the 24 known Helianthus eggertii locations
are threatened by the encroachment of more competitive herbaceous
vegetation and/or woody plants that produce shade and compete for
limited water and nutrients. Active management is required to ensure
that the species continues to survive at all sites.
Direct destruction of habitat for commercial, residential, or
industrial development, along with intensive right-of-way maintenance,
are significant threats to 9 (38 percent) of the 24 known sites.
Barrens habitat, which seems to be preferred by Eggert's sunflower,
has been disappearing from the south-central United States at a rapid
rate. Most of the habitat has been converted to cropland or pasture, or
developed as residential or industrial sites. Further, DeSelm (1989),
in a study on Tennessee barrens, reported that all of his study sites
were in the later stages of succession--the absence of periodic fire
being a major contributing factor.
As its natural habitat disappears, Eggert's sunflower is now found
most often in habitats that only mimic its ecological requirements.
These sites typically are disturbed habitats such as roadside rights-
of-way, ditches, roadcuts, or mounds of soil and have the accompanying
assortment of weedy vegetation associated with disturbed areas.
Colonization likely occurs soon after the disturbance and the sunflower
is able to compete initially. However, as succession progresses, this
species is consequently reduced to vegetative growth from rhizomes and
is eventually eliminated. Periodic burning, mowing, or thinning of
vegetation at these sites could favor the species by lessening
competition.
B. Overutilization for commercial, recreational, scientific, or
educational purposes. There is little or no commercial trade in
Helianthus eggertii at this time. Most populations are very small and
cannot support collection of plants for scientific or other purposes.
Inappropriate collecting for scientific purposes or as a novelty could
be a threat to the species.
C. Disease or predation. Disease and predation do not appear to be
factors affecting the continued existence of the species at this time.
However, in several populations, larval insects have been noted as
having destroyed nearly all the mature seeds in several flower heads
(Jones 1991, personal observation 1992).
D. The inadequacy of existing regulatory mechanisms. Helianthus
eggertii is a Species of Special Concern in Tennessee, but because it
is not listed as endangered under that State's Rare Plant Protection
and Conservation Act, it receives no formal protection. In Alabama, the
species does not receive any protection by the State. In Kentucky, this
sunflower is listed as endangered by the Kentucky Academy of Science
and Kentucky State Nature Preserves Commission. However, these lists
have no legal standing in the State.
Should the species be added to the Federal list of endangered and
threatened species, additional protection from taking will be provided
to the five populations that are all or partially on Federal land.
Protection from inappropriate commercial trade also would be provided.
E. Other natural or manmade factors affecting its continued
existence. The only other additional factor that threatens Helianthus
eggertii is the extended drought the species has faced during the past
few years. This condition is likely causing higher than normal
mortality of seedlings in the natural populations and could, if
continued over an extended period of time, have an adverse effect on
the survival of H. eggertii.
The Service has carefully assessed the best scientific and
commercial information available regarding the past, present, and
future threats faced by this species in determining to propose this
rule. Based on this evaluation, the preferred action is to list
Helianthus eggertii as a threatened species. Threatened status is more
appropriate than endangered, as threats to the species are not imminent
and the species does not appear to be in danger of extinction at the
present time. Critical habitat is not being designated for the reasons
discussed below.
Critical Habitat
Critical habitat is defined in section 3 of the Act as: (i) The
specific areas within the geographical area occupied by a species, at
the time it is listed in accordance with the Act, on which are found
those physical or biological features (I) Essential to the conservation
of the species and (II) that may require special management
considerations or protection and; (ii) specific areas outside the
geographical area occupied by a species at the time it is listed, upon
a determination that such areas are essential for the conservation of
the species. ``Conservation'' means the use of all methods and
procedures needed to bring the species to the point at which listing
under the Act is no longer necessary.
Section 4(a)(3) of the Act, as amended, and implementing
regulations (50 CFR 424.12) require that, to the maximum extent prudent
and determinable, the Secretary designate critical habitat at the time
the species is determined to be endangered or threatened. The Service
finds that designation of critical habitat is not prudent for
Helianthus eggertii at this time. Service regulations (50 CFR
424.12(a)(1)) state that designation of critical habitat is not prudent
when one or both of the following situations exist--(1) The species is
threatened by taking or other human activity, and identification of
critical habitat can be expected to increase the degree of such threat
to the species, or (2) such designation of critical habitat would not
be beneficial to the species.
Most populations of this species are small and the loss of even a
few individuals to activities such as collection for scientific
purposes could extirpate the species from some locations. Taking,
without a permit, is prohibited by the Act from locations under Federal
jurisdiction; however, only two of the known populations are entirely
under Federal jurisdiction. Publication of critical habitat
descriptions and maps would increase public interest, possibly lead to
additional threats to the species from collecting and vandalism, and
would increase enforcement problems.
Critical habitat would not be beneficial in terms of adding
additional protection for the species under section 7 of the Act.
Regulations promulgated for the implementation of section 7 provide for
both a ``jeopardy'' standard and a ``destruction or adverse
modification'' of critical habitat standard. Any additional protection
from Federal actions gained under Section 7 of the Act would be minimal
compared to the increase in risk from taking. Should Federal
involvement occur, habitat protection will be addressed through the
Section 7 consultation process, utilizing the ``jeopardy'' standard.
The owners and managers of all the known populations of Helianthus
eggertii will be made aware of the plant's location and of the
importance of protecting the plant and its habitat. Protection of this
species' habitat will also be addressed through the recovery process.
Available Conservation Measures
Conservation measures provided to species listed as endangered or
threatened under the Act include recognition, recovery actions,
requirements for Federal protection, and prohibitions against certain
practices. Recognition through listing encourages and results in
conservation actions by Federal, State, and private agencies, groups,
and individuals. The Act provides for possible land acquisition and
cooperation with the States and requires that recovery actions be
carried out for all listed species. Such actions are initiated by the
Service following listing. The protection required of Federal agencies
and the prohibitions against taking are discussed, in part, below.
Section 7(a) of the Act requires Federal agencies to evaluate their
actions with respect to any species that is proposed or listed as
endangered or threatened and with respect to its critical habitat, if
any is being designated. Regulations implementing this interagency
cooperation provision of the Act are codified at 50 CFR Part 402.
Section 7(a)(4) requires Federal agencies to confer informally with the
Service on any action that is likely to jeopardize the continued
existence of a proposed species or result in the destruction or adverse
modification of proposed critical habitat. If a species is subsequently
listed, Section 7(a)(2) requires Federal agencies to ensure that
activities they authorize, fund, or carry out are not likely to
jeopardize the continued existence of such a species or to destroy or
adversely modify its critical habitat. If a Federal action may
adversely affect a listed species or its critical habitat, the
responsible Federal agency must enter into formal consultation with the
Service. The majority of Helianthus eggertii populations are on
privately owned or State owned land. However, one entire population and
portions of three others are on Mammoth Cave National Park and one
population of H. eggertii is on Arnold Engineering Defense Center
(Department of the Interior, U.S. Park Service and Department of
Defense, U.S. Air Force, respectively).
The Act and its implementing regulations found at 50 CFR 17.71 and
17.72 set forth a series of general prohibitions and exceptions that
apply to all threatened plants. All trade prohibitions of Section
9(a)(2) of the Act, implemented by 50 CFR 17.71, would apply. These
prohibitions, in part, would 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 this species in interstate or foreign commerce,
or to remove and reduce to possession the species from areas under
Federal jurisdiction. In addition, for endangered plants, the 1988
amendments (Pub. L. 100-478) to the Act prohibit the malicious damage
or destruction on Federal lands and the removal, cutting, digging up,
or damaging or destroying of endangered plants in knowing violation of
any State law or resolution, including State criminal trespass law.
Section 4(d) of the Act allows for the provision of such protection to
threatened species through regulations. This protection may apply to
threatened plants once revised regulations are promulgated. Certain
exceptions apply to agents of the Service and State conservation
agencies.
The Act and 50 CFR 17.72 also provide for the issuance of permits
to carry out otherwise prohibited activities involving threatened
species under certain circumstances. It is anticipated that few permits
would ever be sought or issued because the species is not common in
cultivation or in the wild. Requests for copies of the regulations on
listed plants and inquiries regarding prohibitions and permits may be
addressed to the U.S. Fish and Wildlife Service, Ecological Services
(TE), 1875 Century Boulevard, Suite 200, Atlanta, Georgia 30345-3301
(phone 404/679-4000) (facsimile 404/679-7081).
Public Comments Solicited
The Service intends that any final action resulting from this
proposal will 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
any threat (or lack thereof) to Helianthus eggertii;
(2) The location of any additional populations of Helianthus
eggertii and the reasons why any habitat should or should not be
determined to be critical habitat as provided by Section 4 of the Act;
(3) Additional information concerning the range and distribution of
this species; and
(4) Current or planned activities in the subject area and their
possible impacts on Helianthus eggertii.
Final promulgation of the regulation on Helianthus eggertii will
take into consideration the comments and any additional information
received by the Service, and such communications may lead to adoption
of a final regulation that differs from this proposal.
The Act provides for a public hearing on this proposal, if
requested. Requests must be filed within 45 days of the date of this
proposal. Such requests must be made in writing and addressed to the
Field Supervisor, Asheville Field Office, U.S. Fish and Wildlife
Service, 330 Ridgefield Court, Asheville, North Carolina 28806.
National Environmental Policy Act
The Fish and Wildlife Service has determined that an Environmental
Assessment, 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. A notice
outlining the Service's reasons for this determination was published in
the Federal Register on October 25, 1983 (48 FR 49244).
References Cited
Beatley, J. C. 1963. The sunflowers (genus Helianthus) in Tennessee.
J. of the Tenn. Acad. of Sci. 38:135-154.
DeSelm, H. R. 1989. The barrens of Tennessee. J. of the Tenn. Acad.
of Sci. 64:89-95.
Heiser, Jr., C. B., D. M. Smith, S. B. Clevenger, and W. C. Martin,
Jr. 1969. The North American Sunflowers. Memoirs of the Torrey
Botanical Club 22(3):1-218.
Jones, R. L. 1991. Status Report on Helianthus eggertii Small.
Unpublished report to the Asheville Field Office, U.S. Fish and
Wildlife Service, Asheville, North Carolina. 99 pp.
Small, J. K. 1903. Flora of the Southeastern United States.
Published by the author. New York.
Smith, D. M. 1957. The taxonomy of Helianthus strumosus and related
species. Ph. D. Diss. Ind. Univ., Bloomington.
Spring, O,. and E. E. Schilling. 1991. The sesquiterpene lactone
chemistry of Helianthus Sect. Atrorubentes (Asteraceae:
Heliantheae). Biochemical Systematics and Ecology 19:59-79.
Author
The primary author of this proposed rule is Mr. J. Allen
Ratzlaff, Asheville Field Office, U.S. Fish and Wildlife Service,
330 Ridgefield Court, Asheville, North Carolina 28806 (704/665-1195,
Ext. 229).
List of Subjects in 50 CFR Part 17
Endangered and threatened species, Exports, Imports, Reporting and
recordkeeping requirements, and Transportation.
Proposed Regulation Promulgation
PART 17--[AMENDED]
Accordingly, the Service hereby proposes to amend part 17,
subchapter B of chapter I, title 50 of the Code of Federal Regulations,
as set forth below:
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; Public Law 99-625, 100 Stat. 3500; unless otherwise
noted.
2. Section 17.12(h) is amended by adding the following, in
alphabetical order under Asteraceae to the List of Endangered and
Threatened Plants:
Sec. 17.12 Endangered and threatened plants.
* * * * *
(h) * * *
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Species
------------------------------------------- Historic range Status When listed Critical Special
Scientific name Common name habitat rules
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* * * * * * *
Asteraceae--Aster
family:
* * * * * * *
Helianthus Sunflower, Eggert's. U.S.A. (AL, TN, KY) T ........... NA NA
eggertii.
* * * * * * *
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Dated: August 26, 1994.
Mollie H. Beattie,
Director, Fish and Wildlife Service.
[FR Doc. 94-22368 Filed 9-8-94; 8:45 am]
BILLING CODE 4310-55-P