[Federal Register Volume 62, Number 188 (Monday, September 29, 1997)]
[Proposed Rules]
[Pages 50896-50900]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-25694]
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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; Proposed
Threatened Status for Virginia sneezeweed (Helenium virginicum), a
Plant From the Shenandoah Valley of Virginia
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule.
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SUMMARY: The Fish and Wildlife Service (Service) proposes to list
Helenium virginicum (Virginia sneezeweed) as 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 U.S. 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. At several sites, ditches
have been constructed to reduce the length of time that standing water
is present. This has caused the H. virginicum population at one of the
sites to be reduced to near extinction. Helenium virginicum is
presently listed as endangered by the State of Virginia. This proposal,
if made final, would implement Federal protection and recovery
provisions afforded by the Act for this species.
DATES: Comments from all interested parties must be received by
November 28, 1997. Public hearing requests must be received by November
13, 1997.
ADDRESSES: Comments and materials concerning this proposal should be
sent to the Field Supervisor, Chesapeake Bay Field Office, U.S. Fish
and Wildlife Service, 177 Admiral Cochrane Drive, Annapolis, MD 21401.
Comments and materials received will be available for public
inspection, by appointment, during normal business hours at the above
address.
FOR FURTHER INFORMATION CONTACT: Andy Moser, Chesapeake Bay Field
Office (see ADDRESSES section) (telephone 410/573-4537; facsimile 410/
269-0832).
SUPPLEMENTARY INFORMATION:
Background
Helenium virginicum (Virginia sneezeweed) is a perennial member of
the aster family (Asteraceae) known only from Augusta and 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 bases 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.
Helenium virginicum was first described by S.F. Blake in 1936 from
specimens collected near Stuart's Draft, Virginia. It is a perennial
wetland species found only 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. The ponds at these
locations range in size from less than 0.04 hectare(ha) (0.1 acre (ac))
to 3 ha (8 ac) and are seasonally flooded, semipermanent, or permanent
bodies of water. The ponds supporting H.
[[Page 50897]]
virginicum 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).
Seeds of Helenium virginicum are dispersed in late fall and winter;
germinating 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 one year old. One aerial stem bearing
several flower heads is formed during the first flowering season; in
subsequent years several flowering stems may be formed in a season.
Plants may live for five 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 currently are considered to be 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 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 the Service published a notice of review in the Federal
Register (48 FR 53640) covering all native plants being considered for
listing as endangered or threatened. Helenium virginicum was included
in that notice as a category 2 species. Category 2 species were defined
as those taxa for which the Service lacked information to determine if
category 1 status was warranted. It was subsequently retained as a
category 2 species when the Notice of Review for Native Plants was
revised in 1985 (50 FR 39526), and again in 1990 (55 FR 61184).
In 1985, the Service contracted with The Nature Conservancy to
conduct status survey work on 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 conducted further fieldwork,
funded in part by the Service, to locate additional Helenium virginicum
populations. An exhaustive search resulted in the discovery of seven
additional locations of the species, but three of these locations
contained very few individuals. Based largely on this new information,
H. virginicum was moved to category 1 when the Notice of Review for
Plant Taxa was revised in 1993 (58 FR 51144). Category 1 species were
defined as those taxa for which the Service 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), the Service ceased using category
designations and included H. virginicum as a candidate species. As
currently defined, candidate species are those taxa for which the
Service has on file sufficient information on biological vulnerability
and threats to support proposals to list the species as threatened or
endangered.
Summary of Factors Affecting the Species
Section 4 of the Act (16 U.S.C. 1513) 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 Helenium virginicum Blake (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. It 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
result in high levels of mortality. Of the 18 populations visited in
1995, eight 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 recently
the species has dramatically declined 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 from two to four
lanes in Augusta County, 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, the effects of moderate levels of grazing and
mowing appear to be beneficial, since several of the regularly grazed
or mowed sites are among the largest and best established populations.
Nonetheless, there is a potential that overly 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
[[Page 50898]]
species. Most collections, to date, have been for scientific purposes
and have been taken from locally large populations which can tolerate
these low levels of collection. Overcollection could become a problem
at some of the sites supporting smaller populations of H. virginicum.
C. Disease or predation. Disease and predation are currently not
believed to be factors affecting the continued existence of the
species. Although grazing may affect Helenium virginicum, its effects
are thought to be mostly positive, because most grazers appear to feed
preferentially on competing vegetation while avoiding H. virginicum.
The effects of long-term heavy grazing are not known.
D. The inadequacy of existing regulatory mechanisms. Helenium
virginicum is currently listed as an endangered species by the State of
Virginia. 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. The Corps of Engineers' regulatory program provides
limited regulation of the species' wetland habitats. This has not
prevented draining and filling of sites supporting the species.
E. Other natural or manmade factors affecting its continued
existence. Invasion of an exotic species, the purple loosestrife
(Lythrum salicaria), is a potential threat. Purple loosestrife is
slowly extending its range throughout freshwater wetland areas in
Virginia and may invade Helenium virginicum habitats, outcompeting the
species at affected sites. 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; at these times the populations may be especially
vulnerable to the modifications to hydrology discussed under factor A.
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
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 an endangered species in the foreseeable
future if the present threats and declines in the number and sizes of
populations continue. 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
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
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, 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 Helenium
virginicum, 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 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 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
this species is not known to be sought by collectors, 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
desirability and accessibility of the species, therefore, could make
the plants subject to collection if their precise locations were
publicized.
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 U.S. Forest Service is aware of the
locations of these populations and has protected four of them through
designation as Special Interest Areas (Biological). The fifth
population, discovered more recently, is likely to receive a similar
designation. The Forest Service has indicated a commitment to assisting
in the recovery of this species by protecting these sites. Because it
is highly likely that a Forest Service activity which would cause
adverse modification of critical habitat would also cause jeopardy to
the species, 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. The owners and managers of
these private lands were informed 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.
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
[[Page 50899]]
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 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 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 the Service.
Federal agency actions that may require conference and/or consultation
include U.S. Forest Service land management activities and U.S. Army
Corps of Engineers permitting of projects such as road construction and
filling of wetlands subject to section 404 of the Clean Water Act
(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, it is anticipated that few trade permits would
ever be sought or issued since the species is not common in cultivation
nor in the wild.
It is the policy of the Service published in the Federal Register
on July 1, 1994 (59 FR 34272), to identify to the maximum extent
practicable at the time a species is listed 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. The Service is 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. Questions regarding whether specific activities would
constitute a violation of section 9 should be directed to the Field
Supervisor of the Service's Chesapeake Bay Field Office (see ADDRESSES
section).
Requests for copies of the regulations concerning listed plants and
general inquiries regarding prohibitions and permits may be addressed
to the Federal Wildlife Permit Office, U.S. Fish and Wildlife Service,
Washington, D.C. 20240 (703/235-1903).
Public Comments Solicited
The Service intends that any final action resulting from this
proposal will be as accurate and as effective as possible. Therefore,
the Service hereby solicits comments or suggestions from the public,
other concerned governmental agencies, the scientific community,
industry, or any other interested party concerning this proposed rule.
Comments particularly are sought concerning:
(1) Biological, commercial trade, or other relevant data concerning
any threat (or lack thereof) to Helenium virginicum;
(2) The locations of any additional populations of this species and
the reasons why any habitat should or should not be determined to be
critical habitat pursuant to section 4 of the Act;
(3) Additional information concerning the range and distribution of
the species; and
(4) Current or planned activities in the subject area and their
possible impacts on the species.
Final promulgation of the regulation on this species will take into
consideration the comments and any additional information received by
the Service, and such communications may lead to a final regulation
that differs from this proposal.
The Endangered Species Act provides for a public hearing on this
proposal, if requested. Requests must be received within 45 days of the
date of publication of this proposal in the Federal Register. Such
requests must be made in writing and be addressed to the Field
Supervisor, Chesapeake Bay Field Office (see ADDRESSES section).
National Environmental Policy Act
The Fish and Wildlife Service has determined that Environmental
Assessments and Environmental Impact Statements, 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 Endangered Species Act of 1973, as amended. A notice
outlining the Service's reasons for this determination was published in
the Federal Register on October 25, 1983 (48 FR 49244).
Required Determinations
The Service has examined this regulation under the Paperwork
Reduction Act of 1995 and found it to contain no information collection
requirements.
References Cited
Blake, S.F. 1936. A New Helenium from Virginia. Claytonia 3(2):13-
15.
Niering, W.A. 1979. The Audubon Society Field Guide to North
American Wildflowers--Eastern Region. Alfred A. Knopf, New York. p.
383.
[[Page 50900]]
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 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 proposed 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.
Proposed Regulation Promulgation
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:
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 NA NA
* * * * * * *
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Dated: September 15, 1997.
Jamie Rappaport Clark,
Director, Fish and Wildlife Service.
[FR Doc. 97-25694 Filed 9-26-97; 8:45 am]
BILLING CODE 4310-55-P
