Endangered and Threatened Wildlife and Plants; Determination of Threatened Status for Virginia Sneezeweed (Helenium virginicum), a Plant From the Shenandoah Valley of Virginia

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018-AE37

Endangered and Threatened Wildlife and Plants; Determination of

Threatened Status for Virginia Sneezeweed (Helenium virginicum), a

Plant From the Shenandoah Valley of Virginia

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Fish and Wildlife Service (Service or we) determines

Helenium virginicum (Virginia sneezeweed) to be a threatened species,

under the authority of the Endangered Species Act of 1973, as amended

(Act). This rare plant is restricted to seasonally inundated sinkhole

ponds and meadows in Augusta and Rockingham counties, Virginia. Five of

the 25 known extant populations are on United States Forest Service

land; the others are on private land. This perennial plant is

threatened by residential development, incompatible agricultural

practices, filling and ditching of its wetland habitat and other

disruptions of its habitat and the hydrology that maintains it.

Helenium virginicum is listed as endangered by the State of Virginia.

This rule implements Federal protection and recovery provisions

afforded by the Act for this species.

DATES: This rule is effective December 3, 1998.

ADDRESSES: The complete file for this rule is available for public

inspection, by appointment, during normal business hours at the United

States Fish and Wildlife Service, Chesapeake Bay Field Office, 177

Admiral Cochrane Drive, Annapolis, MD 21401.

FOR FURTHER INFORMATION CONTACT: Andy Moser, at the above address or by

telephone (410/573-4537).

SUPPLEMENTARY INFORMATION:

Background

Helenium virginicum (Virginia sneezeweed) is a perennial plant and

a member of the aster family (Asteraceae) known only from Augusta and

[[Page 59240]]

Rockingham counties, Virginia. The common name, sneezeweed, is based on

the use of the dried leaves of these plants in making snuff, inhaled to

cause sneezing that would supposedly rid the body of evil spirits

(Niering 1979). Helenium virginicum stems grow to a height of 4 to 11

decimeters (1.5 to 3.5 feet) above a rosette of basal leaves. Coarse

hairs are visible on the basal and lower stem leaves. The basal leaves

may be broad in the middle tapering toward the ends, but otherwise may

appear oblong. Stem leaves are lance-shaped, and become progressively

smaller from the base to the tip of the stem. The stems are winged, the

wings being continuous with the base of the stem leaves. The flower ray

petals are yellow, and wedge-shaped with three lobes at the ends. The

central disk of the flower is nearly ball-shaped. Flowering occurs from

July to October (Virginia Department of Conservation and Recreation

1995).

Helenium virginicum is similar to common sneezeweed (Helenium

autumnale), but differs in having a sparsely-leaved stem, larger basal

leaves, and longer pappus scales (appendages which crown the ovary or

fruit). It is also differentiated by leaf shape, stem and leaf hairs,

and habitat requirements. Comparison of morphological and ecological

characters with plants in common gardens and transplant sites (Knox et

al. 1995) clearly demonstrated that H. virginicum and H. autumnale were

two distinct species.

S.F. Blake first described Helenium virginicum in 1936 from

specimens collected near Stuart's Draft, Virginia. The species is a

wetland plant found on the shores of shallow, seasonally flooded ponds

in Virginia's Shenandoah Valley. From 1985 through 1995, extensive

status survey work was conducted for H. virginicum in over 100

limestone sinkhole ponds along the western edge of the Blue Ridge

Mountains in the Shenandoah Valley of Virginia. A total of 28 separate

populations were located during these surveys.

In addition, one Helenium population with similarities to H.

virginicum has been found near Pomona, Missouri. This population was

originally described as a hybrid between H. autumnale and H. flexuosum

(Steyermark 1960). However a recent study (Knox et al. 1995) shows that

this population of Helenium shares 12 of 15 morphological characters

with H. virginicum, but indicates that more genetic and evolutionary

study is necessary to clarify the relationship of this population with

H. virginicum. Should further studies demonstrate that this population

is H. virginicum, the existence of this single additional population

would not significantly change the status of the species or the need to

list it. Because this region of Missouri has been extensively surveyed

over many years, it is unlikely that any additional H. virginicum-like

populations occur there (G. Yatskievych, Missouri Dept. of

Conservation, pers. comm. 1997).

The ponds supporting H. virginicum range in size from less than

0.04 hectare (ha) (0.1 acre (ac)) to 3 ha (8 ac) and are seasonally

flooded or semi-permanent bodies of water. These ponds have poorly

drained, acidic, silty loam soils, and are typically flooded from

January through July.

Helenium virginicum is adapted to survive the water level

fluctuations of the seasonal ponds, giving it a competitive advantage

in this habitat. From year to year, the number of H. virginicum plants

at any given site may vary greatly. A high water level one year may

leave the ponds flooded, resulting in less shoreline for plants to

become established or to survive. However, a high water level also

eliminates the invading shrubs and trees that may compete with H.

virginicum on the pond shores. When the water level is lower, more pond

shore is exposed and the surviving plants and the seeds stored in the

soil enable the H. virginicum populations to rebound (Virginia

Department of Conservation and Recreation 1995).

Helenium virginicum disperses seeds in late fall and winter; the

seeds germinate in late summer or early fall of the following year if

conditions are suitable. Seeds will not germinate in the dark or under

a standing column of water. In the first year of growth, the plant

exists as a basal rosette with a diffuse root system. Plants seem to

grow year-round, even while submerged. Flowering usually does not occur

until the plant is more than 1 year old. Helenium virginicum forms one

aerial stem bearing several flower heads during the first flowering

season; in subsequent years it may form several flowering stems in a

season. Plants may live for 5 years, flowering in consecutive years

(J.S. Knox, Washington and Lee University, pers. comm. 1997).

Of the 28 populations of Helenium virginicum identified during the

10-year survey period, 25 are currently extant. The remaining three

populations, where no H. virginicum have been seen in recent years, may

be extirpated. Of the 25 extant populations, 5 are on U.S. Forest

Service land and the remaining 20 are on private lands. The most recent

status report (Van Alstine 1996) provides an excellent review of the

status and trends for the species. The report indicates that the

majority of sites on private land are in wetlands and continue to have

a range of disturbances and threats including ditching, filling,

mowing, and grazing.

Previous Federal Action

Federal government actions on this species began on November 28,

1983, when we published a notice of review in the Federal Register (48

FR 53640) covering all native plants being considered for listing as

endangered or threatened. We included Helenium virginicum in that

notice as a category 2 species. We defined category 2 candidates as

those taxa for which we had information indicating that listing may be

warranted but for which we lacked sufficient information on status and

threats to support issuance of proposed listing rules. We subsequently

retained it as a category 2 species when we revised the Notice of

Review for Native Plants in 1985 (50 FR 39526), and again in 1990 (55

FR 61184).

In 1985, The Nature Conservancy conducted status surveys of

Helenium virginicum and numerous other rare plant species. Their final

report, dated October 20, 1986, recommended threatened status for this

plant but indicated that additional ponds should be checked for the

presence of this species.

In 1990 and 1991, the Virginia Department of Conservation and

Recreation's Division of Natural Heritage (VDCRDNH) conducted further

fieldwork, funded in part by us, to locate additional Helenium

virginicum populations. The VDCRDNH conducted an exhaustive search and

discovered seven additional locations of the species, but three of

these locations contained very few individuals. Based largely on this

new information, we designated H. virginicum as a category 1 candidate

when we revised the Notice of Review for Plant Taxa in 1993 (58 FR

51144). We defined category 1 candidates as those taxa for which we had

on file sufficient information on biological vulnerability and threats

to support preparation of listing proposals. Upon publication of the

February 28, 1996, notice of review (61 FR 7596), we ceased using

category designations and included H. virginicum as a candidate

species. Candidate species are those taxa for which we have on file

sufficient information on biological vulnerability and threats to

support proposals to list the species as threatened or endangered.

We published a proposed rule to list H. virginicum as threatened in

the

[[Page 59241]]

Federal Register on September 29, 1997 (62 FR 50896).

Summary of Comments and Recommendations

In the September 29, 1997, proposed rule (62 FR 50896) and

associated notifications, we requested all interested parties to submit

factual reports or information that might contribute to the development

of a final rule. We contacted appropriate State and Federal agencies

and representatives, county governments, scientific organizations, and

other interested parties and requested comments. We published legal

notices soliciting comments in three Virginia newspapers--the

Harrisonburg News-Record on October 17, 1997, the Staunton News-Leader

on October 12, 1997, and the Waynesboro News-Virginian on October 10,

1997.

Six individuals and organizations submitted comment letters. Two

peer reviewers supported the listing and provided additional pertinent

information which we incorporated into the final rule. The U.S. Forest

Service and the Virginia Department of Agriculture and Consumer

Services supported listing, the Virginia Department of Transportation

was neutral, and the Pacific Legal Foundation opposed listing. One

private landowner commented by telephone, but neither supported nor

opposed the listing.

The following summary includes responses to all substantive written

and oral comments we received during the comment period.

Issue 1: One commenter stated that we lack authority under the Act

pursuant to the Commerce Clause of Article 1, Section 8 of the United

States Constitution to regulate this plant species because ``the Fish

and Wildlife Service must show that regulation of these plants will

address activities that bear a substantial relation to or substantially

affect interstate commerce'' and ``based upon the information contained

in the Proposed Rule, regulation of the Virginia sneezeweed does not

bear a connection to impacts upon interstate commerce.''

Response: A recent decision in the United States Court of Appeals

for the District of Columbia Circuit (National Association of

Homebuilders v. Babbitt, 130 F. 3d 1041, D.C. Cir. 1997) makes it clear

in its application of the test used in the United States Supreme Court

case, United States v. Lopez, 514 U.S. 549 (1995), that regulation of

species limited to one State under the Act is within Congress' commerce

clause power. On June 22, 1998, the Supreme Court declined to accept an

appeal of this case (118 S. Ct. 2340 1998). Therefore, our application

of the Act to Helenium virginicum, a plant endemic to only two counties

in the Commonwealth of Virginia, is constitutional.

In addition to the reasons supporting the constitutionality of the

ESA itself which were discussed in Homebuilders, the past, current, and

potentially future use of Helenium virginicum habitat for agriculture

and cattle production, residential development and roads and highways

are activities which affect interstate commerce. The specimens in

botanical collections around the country directly traveled via the

channels or instrumentalities of interstate commerce as well as the

scientists and others who have traveled interstate to study or observe

the species.

Issue 2: One commenter expressed concern about the uncertainties

involved in wetland delineation and the potential effects of listing

Helenium virginicum on the regulation of private landowners.

Response: Listing of Helenium virginicum will not affect the

guidelines and methodologies for delineating wetlands. Listing,

however, will require Federal regulatory agencies, primarily the Army

Corps of Engineers (Corps), to insure that their actions, including the

issuance of wetland permits under section 404 of the Clean Water Act,

do not jeopardize the continued existence of this species. In some

cases, the Corps may require private landowners applying for permits to

reduce the scope or extent of their proposed wetland fill projects if

the fill would adversely affect the species.

Summary of Factors Affecting the Species

Section 4 of the Act (16 U.S.C. 1513) and regulations (50 CFR part

424) we promulgated to implement the listing provisions of the Act set

forth the procedures for adding species to the Federal lists. We

determine a species 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 Helenium virginicum (Virginia

sneezeweed) are as follows:

A. The Present or Threatened Destruction, Modification, or Curtailment

of its Habitat or Range

Habitat modification is the principal threat to Helenium

virginicum. The species is threatened by residential development,

incompatible agricultural practices, filling and ditching of wetland

habitats, groundwater withdrawal, and other disruptions of hydrology.

Because the survival and maintenance of H. virginicum populations

depend on seasonal water level fluctuations, either wetland drainage or

increases in the time of inundation may cause high levels of mortality.

Of the 18 populations visited in 1995, 8 were located in relatively

undisturbed wetlands, while the remaining 10 were in wetlands altered

by ditching, mowing, grazing or filling (Van Alstine 1996). At least

four of the sites where the species has dramatically declined in recent

years have modified hydrology (Van Alstine and Ludwig 1991). Three of

these sites have been either ditched or filled, thereby shortening or

eliminating the wet phase.

Among the most threatened populations of Helenium virginicum are

those in the area south and southwest of Lyndhurst, Virginia, where

land use is increasingly being converted from agricultural to

residential. Increased drainage control which accompanies such

development will adversely affect many of the sites located on or near

agricultural lands over the next 10 years (Van Alstine and Ludwig

1991).

One proposed project, the widening of Route 340 in Augusta County

from two to four lanes, could have severe impacts on one of the largest

populations of Helenium virginicum. However, it may be possible to

avoid or reduce impacts by careful routing of the highway, controlling

runoff, and maintaining current hydrology.

Cattle grazing and mowing affect many of the sites supporting the

species. In general, moderate levels of grazing and mowing appear to be

beneficial, since populations at several regularly grazed or mowed

sites are among the largest and best established. Nonetheless, there is

a potential that frequent, or poorly timed mowing (and perhaps

overgrazing) could have a long-term adverse effect on the species by

interfering with flowering and seed production (Van Alstine and Ludwig

1991).

B. Overutilization for Commercial, Recreational, Scientific, or

Educational Purposes

Other species in the genus Helenium have been shown to contain

compounds with antitumor properties. However, there is no information

to show that Helenium virginicum is in commercial trade for these

compounds. Overcollection has not been documented as a problem for the

species. Most collections, to date, have been for scientific purposes;

scientists have collected specimens from locally large populations

which can tolerate these low levels of collection.

[[Page 59242]]

Overcollection could become a problem at some of the sites supporting

smaller populations of H. virginicum.

C. Disease or Predation

We believe disease and predation currently are not factors

affecting the continued existence of Helenium virginicum. We believe

the effects of grazing on the species are mostly positive, because most

grazers appear to feed preferentially on competing vegetation while

avoiding H. virginicum. We do not know the effects of long-term heavy

grazing.

D. The Inadequacy of Existing Regulatory Mechanisms

The State of Virginia currently lists Helenium virginicum as an

endangered species. State law prohibits the taking of this species from

State or private lands without consent of the landowner but does not

protect the species' habitat. Section 404 of the Clean Water Act

provides some regulation of the species' wetland habitats. These

regulations have not prevented draining and filling of sites supporting

the species. Therefore, existing regulations appear to be inadequate to

protect the species.

E. Other Natural or Manmade Factors Affecting Its Continued Existence

Invasion of an exotic species, purple loosestrife (Lythrum

salicaria), is a potential threat to Helenium virginicum. Purple

loosestrife is slowly extending its range throughout freshwater wetland

areas in Virginia and may invade H. virginicum habitats. Climate

changes (either natural or human-caused) are also a potential threat to

the species. Several consecutive years of unusually wet or unusually

dry weather can dramatically lower population numbers. Based on his

long-term demographic study of one H. virginicum site, Knox (1997)

suggests that H. virginicum is naturally at high risk of local

extinction as a result of such events. Helenium virginicum is not self-

fertilizing, and small populations are at risk of extirpation due to

limited availability of compatible mates (Messmore and Knox 1997).

We have carefully assessed the best scientific and commercial

information available regarding the past, present, and future threats

faced by this species in determining to issue this final rule. Based on

this evaluation, our preferred action is to list Helenium virginicum as

a threatened species. This species is faced with increasing threats

from loss and degradation of habitat due to development and related

changes in hydrology as well as other activities incompatible with the

species' long-term survival. These threats are compounded by the

species' restricted range and small number of populations. While not in

immediate danger of extinction, H. virginicum is likely to become so in

the foreseeable future. In accordance with the definitions for

endangered and threatened species found in section 3 of the Act,

threatened is the most appropriate classification for H. virginicum.

Critical Habitat

Section 3 of the Act defines critical habitat 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 consideration

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 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, we designate critical habitat at the time the species

is determined to be endangered or threatened. We find that designation

of critical habitat is not prudent for Helenium virginicum. Our

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 threat to the species, or (2) such designation of critical

habitat would not be beneficial to the species.

Twenty of the 25 known extant populations of Helenium virginicum

are on private land. Most of these populations are located near or

adjacent to residential areas or public roads. The remaining five

populations, located on Forest Service land, are easily accessed by

existing roads. The publication of precise maps and descriptions of

critical habitat in the Federal Register, as required in a proposal for

critical habitat, would make this plant vulnerable to incidents of

collection and vandalism and, therefore, could contribute to the

decline of the species. Although we do not know that collectors

currently seek this species, related members of the genus are

commercially cultivated and at least one member of the genus, H.

amarum, has been shown to contain compounds of possible medicinal

value. The listing of this species as threatened also publicizes its

rarity and, thus, may make this plant more attractive to researchers,

collectors, and those wishing to see rare plants. The potential

desirability and the accessibility and vulnerability of the species,

therefore, could make the plants subject to collection and vandalism if

we publicized their precise locations.

In addition, critical habitat designation for Helenium virginicum

is not prudent due to lack of benefit. Five of the species' 25 known

extant populations occur on Federal land in the George Washington and

Jefferson National Forest. The Forest Service is aware of the locations

of these populations and has protected four of them through designation

of the sites as Special Interest Areas (Biological). The Forest Service

likely will protect the fifth population, discovered more recently, by

designating the site as a Special Interest Area also. The Forest

Service has indicated a commitment to assisting in the recovery of this

species by protecting these sites. In the unlikely event that the

Forest Service would plan an activity that could potentially affect a

population, it is highly likely that if the activity would cause

adverse modification of critical habitat, it would also cause jeopardy

to the species. Therefore, the designation of critical habitat on

Federal lands would not provide greater protection for this species or

its habitat than that provided by listing.

The remaining 20 of the 25 known extant populations of Helenium

virginicum are located on private lands. We informed the owners and

managers of these private lands of the population locations and of the

importance of protecting the species and its habitat. It is highly

likely that an activity on private land involving Federal permitting or

funding which causes adverse modification of critical habitat would

also cause jeopardy to the species. For this reason, the designation of

critical habitat on private lands would not provide greater protection

for this species or its habitat than that provided by listing. As

outlined above, the designation of critical habitat could cause

additional threats but likely would provide no additional benefits for

the species. Therefore, the Service concludes that designation of

critical habitat for H. virginicum is not prudent.

[[Page 59243]]

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

activities. Recognition through listing encourages and results in

conservation actions by Federal, State, and local agencies, private

organizations, and individuals. The Act provides for possible land

acquisition and cooperation with the States and requires that recovery

plans be developed for all listed species. The protection required of

Federal agencies and the prohibitions against certain activities

involving listed plants 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 listed or proposed for

listing as endangered or threatened and with respect to those species'

designated or proposed critical habitat, if any. Regulations

implementing this interagency cooperation provision of the Act are

codified at 50 CFR part 402. Section 7(a)(4) of the Act requires

Federal agencies to confer with us 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 listed subsequently, 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 affect a listed species or its critical habitat, the Federal

agency must enter into formal consultation with us. Federal agency

actions that may require conference and/or consultation include Forest

Service land management activities and Corps permitting of projects

such as road construction and filling of wetlands subject to section

404 of the Clean Water Act (33 U.S.C. 1344 et seq.).

The Act and its implementing regulations set forth a series of

general trade prohibitions and exceptions that apply to all threatened

plants. All prohibitions of section 9(a)(2) of the Act, implemented by

50 CFR 17.71, apply. These prohibitions, in part, 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 in interstate or foreign

commerce, or remove and reduce the species to possession from areas

under Federal jurisdiction. In addition, for plants listed as

endangered, the Act prohibits the malicious damage or destruction on

areas under Federal jurisdiction and the removal, cutting, digging up,

or damaging or destroying of such plants in knowing violation of any

State law or regulation, including State criminal trespass law. Section

4(d) of the Act allows for the provision of such protection to

threatened species through regulation. The protection may apply to this

species in the future if regulations are promulgated. Seeds from

cultivated specimens of threatened plants are exempt from these

prohibitions provided that their containers are marked ``Of Cultivated

Origin.'' Certain exceptions to the prohibitions 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

plants under certain circumstances. Such permits are available for

scientific purposes and to enhance the propagation or survival of the

species. For threatened plants, permits are also available for

botanical or horticultural exhibition, education purposes, or special

purposes consistent with the purposes of the Act. In the case of

Helenium virginicum, we anticipate that few, if any, trade permits

would ever be sought or issued since the species is not common in

cultivation nor in the wild.

It is our policy published in the Federal Register on July 1, 1994

(59 FR 34272), to identify to the maximum extent practicable at the

time we list a species those activities that would or would not

constitute a violation of section 9 of the Act. The intent of this

policy is to increase public awareness of the effect of this listing on

proposed and ongoing activities within the species' range. Collection,

damage, or destruction of listed species on Federal lands is

prohibited, although in appropriate cases a Federal endangered species

permit may be issued to allow collection. Such activities on non-

Federal lands would constitute a violation of section 9, if conducted

in knowing violation of State law or regulations or in violation of

State criminal trespass law. We are not aware of any otherwise lawful

activities being conducted or proposed by the public that would affect

Helenium virginicum and result in a violation of section 9. You should

direct questions regarding whether specific activities would constitute

a violation of section 9 to the Field Supervisor of our Chesapeake Bay

Field Office (see ADDRESSES section).

You should direct requests for copies of the regulations concerning

listed plants and general inquiries regarding prohibitions and permits

to the Federal Wildlife Permit Office, U.S. Fish and Wildlife Service,

Washington, D.C. 20240 (703/235-1903).

National Environmental Policy Act

We have determined that we do not need to prepare Environmental

Assessments and Environmental Impact Statements, as defined under the

authority of the National Environmental Policy Act of 1969, in

connection with regulations adopted pursuant to section 4(a) of the

Endangered Species Act of 1973, as amended. We published a notice

outlining our reasons for this determination in the Federal Register on

October 25, 1983 (48 FR 49244).

Required Determinations

This rule does not contain any new collections of information other

than those already approved under the Paperwork Reduction Act, 44

U.S.C. 3501 et seq., and assigned Office of Management and Budget

clearance number 1018-0094. An agency may not conduct or sponsor, and a

person is not required to respond to a collection of information,

unless it displays a currently valid control number. For additional

information concerning permit and associated requirements for

threatened species, see 50 CFR 17.32.

References Cited

Blake, S.F. 1936. A New Helenium from Virginia. Claytonia 3(2): 13-

15.

Knox, J.S. 1997. A Nine Year Demographic Study of Helenium

virginicum (Asteraceae), a Narrow Endemic Seasonal Wetland Plant. J.

Torrey Bot. Soc. 124(3): 236-245.

Knox, J.S., M.J. Gutowski, D.C. Marshall, and O.G. Rand. 1995. Tests

of the Genetic Bases of Character Differences between Helenium

virginicum and H. autumnale Using Common Gardens and Transplant

Studies. Syst. Bot. 20: 120-131.

Messmore, N.A. and J.S. Knox. 1997. The Breeding System of the

Narrow Endemic, Helenium virginicum Asteraceae). J. Torrey Bot. Soc.

124(4): 318-321.

Niering, W.A. 1979. The Audubon Society Field Guide to North

American Wildflowers--Eastern Region. Alfred A. Knopf, New York. p.

383.

Steyermark, J.A. 1960. An Unusual Hybrid Helenium. Rhodora 62: 343-

346.

Van Alstine, N.E. 1996. A Reassessment of the Status of the Helenium

virginicum Populations in the Shenandoah Valley of Virginia. Natural

Heritage Technical Report 96-6. VA Dept. of Conservation and

Recreation, Richmond, VA. Unpublished report to the U.S. Fish and

Wildlife Service. 36pp.

Van Alstine, N.E., and J.C. Ludwig. 1991. Natural Heritage

Inventory: Helenium

[[Page 59244]]

virginicum. 1990 Final Report. VA Dept. of Conservation and

Recreation, Div. of Natural Heritage, Richmond, VA. Unpublished

report. 50pp.

Virginia Department of Conservation and Recreation. 1995. Natural

Resources Fact Sheet--Virginia Sneezeweed (Helenium virginicum). VA

Dept. of Conservation and Recreation, Richmond, VA. 2pp.

Author: The primary author of this final rule is Andy Moser,

Chesapeake Bay Field office (see ADDRESSES section).

List of Subjects in 50 CFR Part 17

Endangered and threatened species, Exports, Imports, Reporting and

recordkeeping requirements, Transportation.

Regulation Promulgation

Accordingly, the Service amends part 17, subchapter B of chapter I,

title 50 of the Code of Federal Regulations, as follows:

PART 17--[AMENDED]

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; Pub. L. 99-625, 100 Stat. 3500, unless otherwise noted.

2. Section 17.12(h) is amended by adding the following, in

alphabetical order under FLOWERING PLANTS, to the List of Endangered

and Threatened Plants:

Sec. 17.12 Endangered and threatened plants.

* * * * *

(h) * * *

--------------------------------------------------------------------------------------------------------------------------------------------------------

Species

-------------------------------------------------------- Historic range Family name Status When listed Critical Special

Scientific name Common name habitat rules

--------------------------------------------------------------------------------------------------------------------------------------------------------

Flowering Plants

* * * * * * *

Helenium virginicum ............. Virginia sneezeweed. U.S.A. (VA)........ Asteraceae......... T 652 NA NA

* * * * * * *

--------------------------------------------------------------------------------------------------------------------------------------------------------

Dated: October 16, 1998.

Jamie Rappaport Clark,

Director, Fish and Wildlife Service.

[FR Doc. 98-29303 Filed 11-2-98; 8:45 am]

BILLING CODE 4310-55-P