Endangered and Threatened Wildlife and Plants; Proposed Threatened Status for Helianthus eggertii (Eggert's Sunflower)

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]

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