[Federal Register Volume 63, Number 212 (Tuesday, November 3, 1998)]
[Rules and Regulations]
[Pages 59239-59244]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-29303]
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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.
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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) * * *
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Species
-------------------------------------------------------- Historic range Family name Status When listed Critical Special
Scientific name Common name habitat rules
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Flowering Plants
* * * * * * *
Helenium virginicum ............. Virginia sneezeweed. U.S.A. (VA)........ Asteraceae......... T 652 NA NA
* * * * * * *
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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
