[Federal Register Volume 62, Number 99 (Thursday, May 22, 1997)]
[Rules and Regulations]
[Pages 27973-27978]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-13412]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018-AC74


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

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Final rule.

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SUMMARY: The U.S. Fish and Wildlife Service (Service) determines 
threatened status for Helianthus eggertii (Eggert's sunflower) under 
the authority of the Endangered Species Act of 1973, as amended (Act). 
This rare plant is presently known from an estimated 34 populations in 
14 counties--in Alabama, one population in Blount County; in Kentucky, 
one population from Grayson and Hardin counties, two populations from 
Edmonson and Barren counties, and seven populations from Hart County; 
in Tennessee, one population each in Dickson, Marion, and Williamson 
counties, two (and a portion of a third) in Maury County, three in 
Lewis County, four in Lawrence County, and six in Coffee County. It is 
threatened throughout its range by habitat alteration; residential, 
commercial, or industrial development; plant succession; and conversion 
of its limited habitat to pasture or croplands. Herbicide use, 
particularly along roadsides, also poses a threat. This action extends 
Federal protection under the Act to Eggert's sunflower.

EFFECTIVE DATE: June 23, 1997.

ADDRESSES: The complete file for this rule is available for public 
inspection, by appointment, during normal business hours at the 
Asheville Field Office, U.S. Fish and Wildlife Service, 160 Zillicoa 
Street, Asheville, North Carolina 28801.

FOR FURTHER INFORMATION CONTACT: Mr. J. Allen Ratzlaff at the above 
address (704/258-3939, Ext. 229).

SUPPLEMENTARY INFORMATION:

Background

    Helianthus eggertii (Small) (Eggert's sunflower) is a perennial 
member of the aster family (Asteraceae) known only from Kentucky, 
Tennessee, and Alabama. It is a tall (to 2.5 meters [8 feet]) plant 
arising from a short, thick base, perennating by shallow elongate, 
fleshy rhizomes that can form an extensive network. The plant is 
smooth, except for some slight roughening on the upper leaf surfaces, 
and it has a blue-waxy coloration. The lower leaves are conspicuously 
whitened. The plant's opposite (rarely whorled) leaves are mostly 
lanceolate to narrowly ovate, the largest being 10 to 20 centimeters 
(3.9 to 5.7 inches) in length. Leaf edges are smooth or minutely 
toothed, and the tip is usually pointed. Large yellow flowers (8 
centimeters [3 inches]) are borne on the upper third of the stem. 
Cypsalas (seeds) are blackish or grayish and mottled, 5 to 6 
millimeters (0.25 inches) long, faintly striated, and with a few 
scattered trichomes (hairs). Flowering begins in early August and 
continues through mid-September, and achenes mature from early 
September to early October (Jones 1991). Jones (1991) observed fruit 
set at between 5 and 25 seeds per flower head. Seed germination rates 
are generally low (rarely exceeding 25 percent) and most require 
exposure to cold to break dormancy (Heiser et al. 1969).
    Eggert's sunflower develops an extensive rhizome system, and these 
rhizomes can live for many years. Thus, the plant does not have to 
produce seeds every year to ensure its survival. If environmental 
conditions change

[[Page 27974]]

(e.g., increased competition, shading, etc.); it can survive for 
several years by vegetative means, as Jones (1991) noted was the case 
in several populations.
    Small (1903) designated the type locality of Eggert's sunflower as 
near White Bluff in Dickson County, Tennessee, from specimens collected 
by H. Eggert. Beatley (1963) considered this plant a distinct species 
and that it was ``conspicuous because of the colonial habit and 
glaucescense.'' In a comprehensive essay on Helianthus, Heiser et al. 
(1969) retained H. eggertii as a distinct species and placed it in the 
series Divaricati, being distinguished by its nearly sessile, glaucous, 
and glabrous leaves. This work pointed out that H. eggertii is a 
hexaploid (n=51) and could have arisen from a cross between H. 
laevigatus (n=34), a shale barren species of the Allegheny Mountains, 
and H. decapetalus (n=17), a widespread species of the eastern United 
States.
    Spring and Schilling (1991) found H. eggertii to have a unique 
chemical profile. Of the related sunflowers, it is most similar to H. 
laevigatus, which shares 9 of 12 chemical compounds. Smith (1957) 
considered H. eggertii to be a local minor variant of H. strumosus, but 
this species is dissimilar biochemically although the two species 
appear to readily hybridize.
    Helianthus eggertii typically occurs on rolling to flat uplands and 
in full sun or partial shade. It is often found in open fields or in 
thickets along woodland borders and with other tall herbs and small 
trees. The distribution of this species shows a strong correlation with 
the barrens (and similar habitats) of the Interior Low Plateau 
Physiographic Province, with a few records from the Cumberland Plateau 
Section of the Appalachian Plateau Physiographic Province. The 
following is a description of the species' status within each State 
where it occurs. The term ``population'' is used loosely in these 
descriptions because it is not known how distant individual plants must 
be from one another to prevent cross-pollination. Populations described 
below are groups of ``occurrences'' in general proximity to each other 
and may or may not correspond to true biological populations.

Alabama

    The only known location for Eggert's sunflower in Alabama (Blount 
County) was discovered in 1981 by Robert Kral (Jones 1991). This site, 
although presently vigorous, could be affected by local development and 
Interstate 65 maintenance and improvements.

Tennessee

    The following information on Eggert's sunflower in Tennessee is 
primarily from Jones (1991) and the Tennessee Natural Heritage Program 
database.
    Prior to the status survey conducted by Jones (1991), there were 12 
counties in Tennessee with records (a total of 13) of H. eggertii. Four 
sites were found to have been extirpated (one each in Coffee, Davidson, 
Lawrence, and Williamson counties) and four were found to be erroneous 
records (one each in Dekalb, Grundy, Clay, and Morgan counties). 
Additional occurrences were discovered during the status survey and 
later by the Tennessee Department of Environment and Conservation 
(TDEC) (1993, in litt.) and the U.S. Air Force, Arnold Engineering 
Development Center (AEDC). Several sites in Coffee, Franklin, Lawrence, 
and Lewis counties are probably single populations and are treated as 
such in this document, including the occurrences on AEDC in Coffee and 
Franklin counties. The 20 known populations in Tennessee are 
distributed as follows: Coffee County--six populations; Lawrence 
County--four populations; Franklin County--two populations plus a 
portion of the occurrences on AEDC; Lewis County--three populations; 
Maury County--two populations; and one population each in Dickson, 
Marion, and Williamson counties. Most of these populations (about 50 
percent) are small, having fewer than 20 individual plants. The other 
populations contain several hundred stems. Most of the Tennessee 
populations are threatened either by roadside maintenance, weedy 
invaders, fire suppression, or development. The largest known 
population is found on Federal lands (AEDC), three occur entirely or 
partially on State lands, and the remainder are found in roadside 
rights-of-way or on private lands.

Kentucky

    The following information on Eggert's sunflower in Kentucky is 
primarily derived from Jones (1991) and the Kentucky State Nature 
Preserves Commission (KSNPC) (1996, in litt.).
    Populations of Eggert's sunflower in Kentucky are known from the 
Mammoth Cave Plateau subsection and Eastern Highlands Rim subsection of 
the Interior Low Plateau Physiographic Provinces. Prior to the status 
survey conducted by Jones (1991), there were three counties in Kentucky 
with single records of occurrence for H. eggertii. One site, in 
Edmonson County, has been extirpated, and the other two records have 
proven to be erroneous (one each in Lincoln and Jackson counties). 
However, seven new populations were discovered during the status 
survey, and additional sites were later discovered by R. Seymour in the 
Mammoth Cave area (D. White, KSNPC, 1996, in litt.). The 13 known sites 
in Kentucky are distributed as follows--one population from Grayson and 
Hardin counties, two populations from Edmonson and Barren counties, and 
seven populations from Hart County. Most of these populations have 
fewer than 15 individual plants, with four having only five or fewer 
plants. Only two populations occur on barrens, and half of these are 
threatened by weedy competitors and/or road maintenance. Five of the 
thirteen Kentucky populations are found entirely or partially on 
Federal lands (Mammoth Cave National Park), two on The Nature 
Conservancy's (TNC) land and the remainder are found along roadside 
rights-of-way or on private lands.

Previous Federal Action

    Federal government actions on this species began with section 12 of 
the Act (16 U.S.C. 1531 et seq.). It directed the Secretary of the 
Smithsonian Institution (Smithsonian) to prepare a report on those 
plants considered to be endangered, threatened, or extinct. This 
report, designated as House Document No. 94-51, was presented to 
Congress on January 9, 1975. On July 1, 1975, the Service published a 
notice (40 FR 27823) that formally accepted the Smithsonian report as a 
petition within the context of section 4(c)(2) (now section 4(b)(3)) of 
the Act. By accepting this report as a petition, the Service also 
acknowledged its intention to review the status of those plant taxa 
named within the report. Helianthus eggertii was included in the 
Smithsonian report and also in the July 1, 1975, Notice of Review. On 
June 16, 1976, the Service published a proposed rule (41 FR 24523) that 
determined approximately 1,700 vascular plant taxa, including H. 
eggertii, to be endangered pursuant to section 4 of the Act.
    The 1978 amendments to the Act require that all proposals that are 
not finalized within two years be withdrawn. On December 10, 1979 (44 
FR 70796), the Service published a notice withdrawing all plant species 
proposed in the June 16, 1976 rule. The revised Notice of Review for 
Native Plants published on December 15, 1980 (45 FR 82480), now 
included H. eggertii as a category 2 species. It was subsequently 
retained as a category 2 species when the Notice of Review for Native 
Plants was revised in 1983 (48 FR 53640), in 1985 (50 FR 39526), and 
again in 1990 (50 FR 61184). In 1990, category 2 species were those 
taxa for

[[Page 27975]]

which the Service had information indicating that proposing to list 
them as endangered or threatened might be appropriate; or for which 
substantial data on biological vulnerability and threats were not known 
at this time or were not on file to support the listing. This was the 
case with H. eggertii; the Service believed that additional surveys of 
potential habitat and further identification of threats were needed 
before a decision could be made on whether to propose listing the 
species. In 1989, the Service funded a survey to determine the status 
of H. eggertii in Alabama, Kentucky, and Tennessee; a final report on 
these surveys (Jones 1991) was accepted by the Service in 1991.
    All plant taxa included in the comprehensive plant notices are 
treated as if under a petition. Section 4(b)(3)(B) of the Act, as 
amended in 1982, requires the Secretary to make certain findings on 
pending petitions within 12 months of their receipt. Section 2(b)(1) of 
the 1982 amendments further requires that all petitions pending as of 
October 13, 1982, be treated as having been newly submitted on that 
date. This was the case for H. eggertii because of the acceptance of 
the 1975 Smithsonian report as a petition. In 1983, the Service found 
that the petition calling for the listing of H. eggertii was not 
warranted because of insufficient data on its distribution, 
vulnerability, and degrees of threat. Information contained in the 
above-mentioned status survey completed these informational gaps and 
was sufficient and conclusive to warrant preparation of a proposed rule 
to list the species. Helianthus eggertii was accepted as a category 1 
species on August 30, 1993, and was included in this category in the 
revised Notice of Review for Native Plants published on September 30, 
1993 (50 FR 51144). On September 9, 1994 (59 FR 46607), the Service 
published a proposed rule to list Eggert's sunflower as threatened 
under the Act.
    The processing of this final rule conforms with the Service's final 
listing priority guidance published in the Federal Register on December 
5, 1996 (61 FR 64475). The guidance clarifies the order in which the 
Service will process rulemakings during fiscal year 1997. The guidance 
calls for giving highest priority to handling emergency situations 
(Tier 1) and second highest priority (Tier 2) to resolving the listing 
status of the outstanding proposed listings. This rule falls under Tier 
2. Presently, there are no pending Tier 1 actions in Region 4.

Summary of Comments and Recommendations

    In the September 9, 1994, proposed rule (59 FR 46607) to list 
Eggert's sunflower as threatened and through other associated 
notifications, all interested parties were requested to submit factual 
reports and information that might contribute to the development of a 
final rule for this sunflower. Appropriate Federal and State agencies, 
county governments, scientific organizations, and interested parties 
were contacted by letter dated September 29, 1994. Legal notices were 
published in the Hart County News Herald, Democrat-Union 
(Lawrenceburg), and Daily Herald (Columbia) on September 27, 1994; in 
the Blount Countian, State Journal (Frankfort), Chattanooga Times, and 
Dickson Herald on September 28, 1994; in the Edmonson News, Herald 
Chronicle (Hart County), Daily News (Bowling Green), and Lewis County 
Herald on September 29, 1994, and in the Manchester Times on October 5, 
1994.
    Six individuals provided written responses on the proposed rule to 
list Eggert's sunflower. Four of the individuals who responded 
supported the listing, one requested information but did not support or 
oppose the listing, and one provided additional information but neither 
supported nor opposed the listing. All of these comments were 
incorporated into the final rulemaking.
    The comment period on the proposed rule (59 FR 46607) was reopened 
on August 30, 1996 (61 FR 45931). Through associated notifications, 
interested parties were requested to submit factual reports and 
information that might contribute to the development of a final rule 
for this sunflower. One hundred and thirty-eight Federal and State 
agencies, county governments, scientific organizations, and interested 
parties were contacted by letter dated September 6, 1996. Legal notices 
were published in the Herald Chronicle on September 2, 1996; in the 
Hart County News Herald and Nashville Banner on September 3, 1996; in 
the Blount Countian, Daily Herald (Columbia, TN) Chattanooga Times, and 
Dickson Herald on September 4, 1996; in the Edmonson News and Lewis 
County Herald on September 5, 1996; in the Frankfort State Journal on 
September 6, 1996; and in the Manchester Times on September 11, 1996.
    Eight written responses were received during the reopening of the 
comment period on the proposed rule to list Eggert's sunflower. One 
individual supported the listing and provided additional information; 
two State agencies supported the listing and provided additional 
information (KSNPC and TDEC); two private conservation organizations 
supported the listing and provided additional information (the Kentucky 
and Tennessee Chapters of TNC); one Federal agency supported the 
listing and provided additional information (AEDC); one Federal agency 
supported the listing but provided no additional information (U.S. 
Natural Resources Conservation Service, Tennessee); and one Federal 
agency (U.S. Forest Service) neither supported nor opposed the listing, 
but did provide additional information. These comments were also 
incorporated into the final rule.
    The Service also solicited the expert opinions of three independent 
specialists regarding pertinent scientific and commercial data and 
assumptions relating to taxonomy and biological and ecological 
information for this species. The Service received one response from 
the specialists and these comments are incorporated into this final 
rule.

Summary of Factors Affecting the Species

    After a thorough review and consideration of all available 
information, the Service has determined that Eggert's sunflower should 
be classified as a threatened species. Section 4(a)(1) of the Act and 
regulations (50 CFR part 424) promulgated to implement the listing 
provisions of the Act were followed. 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 H. eggertii (Eggert's sunflower) are as follows:

A. The Present or Threatened Destruction, Modification, or Curtailment 
of its Habitat or Range

    Most of the known populations of H. eggertii are threatened with 
destruction or adverse modification of their habitat. Over 50 percent 
of the known H. eggertii sites are threatened by the encroachment of 
more competitive herbaceous vegetation and/or woody plants that produce 
shade and compete with this species for limited water and nutrients. 
Active management is required to ensure that Eggert's sunflower 
continues to survive at all sites.
    Since most of the sites where this species survives are artificial 
(not true barrens) or manmade habitats, such as rights-of-way or 
similar habitats that mimic barrens; direct destruction of this

[[Page 27976]]

habitat for commercial, residential, or industrial development or 
intensive rights-of-way maintenance (e.g., herbicide use) is a 
significant threat to most of the known populations.
    Barrens habitat, which is preferred by Eggert's sunflower, is 
disappearing from the south-central United States at a rapid rate. Most 
of this type of habitat has been converted to croplands, pasture, or 
has been developed as residential or industrial sites. DeSelm (1989), 
in a study on Tennessee barrens, reported that all of his study sites 
were in the later stages of succession, with the prevention of fires 
being the major contributing factor.
    As its natural habitat disappears, Eggert's sunflower is now found 
in habitats that replicate the species' ecological requirements. These 
sites, having the accompanying assortment of weedy vegetation 
associated with disturbed areas, typically are disturbed habitats, such 
as roadside rights-of-way, ditches, road cuts, or mounds of soil. 
Colonization most likely occurs soon after a disturbance to the 
habitat. Eggert's sunflower can initially compete with other 
vegetation. However, as successional stages progress, this species is 
consequently reduced to vegetative growth from rhizomes and is 
eventually eliminated. Periodic burning, mowing, or thinning of 
vegetation on these sites favors the species by lessening competition. 
This sunflower is persisting at several sites due to the current mowing 
regime.

B. Overutilization for Commercial, Recreational, Scientific, or 
Educational Purposes

    At this time, there is little, if any, commercial trade in H. 
eggertii. Most populations are very small and cannot support the 
collection of plants for scientific and/or other purposes. 
Inappropriate collecting for scientific purposes or as novelties pose a 
threat to the species.

C. Disease or Predation

    Disease and predation are presently not factors affecting the 
continued existence of the species. However, in several populations, 
larval insects were found to have destroyed nearly all the mature seeds 
in several flower heads (Jones 1991; personal observations, Ratzlaff 
1992).

D. The Inadequacy of Existing Regulatory Mechanisms

    Helianthus eggertii is a Species of Special Concern in Tennessee, 
and it does not receive any formal protection since it is not listed as 
endangered under the State's Rare Plant Protection and Conservation 
Act. In Alabama, the species does not receive any State protection, and 
in Kentucky, it is listed as endangered by the Kentucky Academy of 
Science and KSNPC (Branson et al. 1981, Warren et al. 1986). However, 
these lists have no legal standing in the State.
    The Act will afford additional protection to populations that occur 
on Federal lands and will protect other populations when the taking is 
in violation of any State law, including State criminal trespass laws. 
Protection from inappropriate interstate commercial trade will also be 
provided for under the Act.

E. Other Natural or Manmade Factors Affecting its Continued Existence

    An additional factor that threatens the survival of H. eggertii is 
extended drought. Dry conditions cause higher than normal mortality of 
seedlings in the natural populations. If drought continues over an 
extended period of time, it could have an adverse effect on the 
survival of the species, itself. Additionally, dwindling numbers in the 
populations of this species could increase the potential for inbreeding 
depression and other reproductive-related problems.
    In determining to make this rule final, the Service has carefully 
assessed the best scientific and commercial information available 
regarding the past, present, and future threats faced by this species. 
Based on this evaluation, the preferred action is to list Eggert's 
sunflower as threatened. This sunflower is presently known from 34 
populations in 14 counties--in Alabama, one population in Blount 
County; in Kentucky, one population from Grayson and Hardin counties, 
two populations from Edmonson and Barren counties, and seven 
populations from Hart County; in Tennessee, one population each in 
Dickson, Marion, and Williamson counties, two in Maury County, two in 
Franklin County and two ``occurrences'' are included as a portion of 
the AEDC population in Coffee County, three in Lewis County, four in 
Lawrence County, and six in Coffee County. The species is threatened 
throughout its range by habitat alteration; residential, commercial, 
and industrial development; plant succession; and the conversion of its 
limited habitat to pasture or croplands. Additionally, herbicide use, 
particularly along roadsides, also poses a threat. See the ``Critical 
Habitat'' section for a discussion of why critical habitat is not being 
proposed for this plant.

Critical Habitat

    Section 4(a)(3) of the Act 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 at this time for H. 
eggertii. 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) the 
designation of critical habitat would not be beneficial to the species.
    Section 7(a)(2) and regulations codified at 50 CFR part 402 require 
Federal agencies, in consultation and with the assistance of the 
Service, to ensure that those activities they authorize, fund, or carry 
out are not likely to jeopardize the continued existence of a listed 
species or destroy or adversely modify its critical habitat, if any is 
designated. Section 7(a)(4) requires Federal agencies to confer 
informally with the Service on any action that is likely to jeopardize 
the continued existence of a proposed species or result in the 
destruction or adverse modification of its proposed critical habitat 
(see ``Available Conservation Measures'' section for a further 
discussion of section 7). As part of the development of this rule, 
Federal and State agencies were notified of the plant's general 
distribution, and they were requested to provide any and all data on 
proposed Federal actions that might adversely affect the species. No 
specific projects were identified during the initial comment period. 
However, during the listing moratorium, the Arnold Engineering 
Development Center of the U.S. Air Force (AEDC) entered into section 7 
consultation with the Service (Cookeville Field Office) concerning the 
proposed training of the National Guard on a base where H. eggertii 
occurs. The Air Force has since requested a formal conference. The 
Service has been working closely with the AEDC on a conservation plan 
that benefits the species and allows the Air Force to carry out its 
mission. No additional projects were identified during the second 
comment period. Should any future projects be proposed in areas 
inhabited by this plant, the involved Federal agency will be given the 
general distributional data necessary to determine if the species would 
be

[[Page 27977]]

impacted by their action. If needed, more specific distributional 
information will be provided.
    Most populations of this species are small, and even the loss of a 
few plants to such activities as scientific collecting, could extirpate 
this sunflower from several locations. Therefore, publication of 
critical habitat descriptions and maps would increase the vulnerability 
of the species to vandalism without significantly increasing 
protection. The private landowners and local, State and Federal 
managers on whose property that all the known populations of H. 
eggertii occur, will be made aware of the location of existing plants 
and the importance of protecting them and their habitat. No additional 
benefits would result from the designation of critical habitat. 
Therefore, the Service concludes that it is not prudent at this time to 
designate critical habitat for the species. Existing precise locality 
data will be made available to appropriate Federal, State, and local 
government agencies from the Service office described in the ADDRESSES 
section or from the Service's Cookeville Field Office, 446 Neal Street, 
Cookeville, Tennessee 38501.

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 results in public awareness and 
conservation actions to be taken 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 actions be carried out 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 being proposed or is 
already listed as endangered or threatened and with respect to critical 
habitat, if any is being designated. Regulations implementing this 
interagency cooperation provision of the Act are codified at 50 CFR 
part 402. Section 7(a)(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 adversely 
affects a listed species or its critical habitat, the responsible 
Federal agency must enter into consultation with the Service. Most H. 
eggertii populations are found on privately-owned or State-owned lands. 
However, one entire population and portions of four others are found in 
Mammoth Cave National Park (U.S. Park Service) and one population (that 
includes 62 ``occurrences'') of H. eggertii is on AEDC lands.
    The Act and its implementing regulations set forth a series of 
general prohibitions and exceptions that apply to all threatened 
plants. All prohibitions of section 9(a)(2) of the Act, implemented by 
50 CFR 17.67, 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, 
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. This protection will apply to this species 
in the future if such regulations are promulgated. Seeds from 
cultivated specimens of threatened plants are exempt from these 
prohibitions provided, when commercially shipped, the 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 and/or the survival 
of the species. For threatened plants, permits are also available for 
botanical or horticultural exhibition, educational purposes, and/or 
special purposes consistent with the purposes of the Act. It is 
anticipated that few commercial permits would ever be sought or issued 
since the species is not in cultivation and is not common in the wild.
    It is the policy of the Service (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 the listing on proposed and ongoing activities within 
the species' range. Of the 34 remaining populations of Eggert's 
sunflower, six populations are found entirely or partially on Federal 
lands. Collection, damage, or destruction of this species on public 
lands is prohibited, although in appropriate cases a Federal endangered 
species permit may be issued to allow collection. Removal, cutting, 
digging up, or damaging or destroying endangered plants on non-Federal 
lands constitutes a violation of section 9 only if conducted in knowing 
violation of any State law or regulation, including State criminal 
trespass law. This would not affect any activities in Alabama, or 
Kentucky, as neither Alabama nor Kentucky State laws provide any 
protection for plants. In Tennessee, Helianthus eggertii is protected 
under the Rare Plant Protection and Conservation Act of 1985, which 
controls the removal of plants from State properties for scientific, 
educational, or propagative purposes, and the disturbance of the 
species on private lands is not allowed without the landowner's 
consent. The Service is not aware of any otherwise lawful activities 
being conducted or proposed by the public that will be affected by this 
listing which could result in a violation of section 9 of the Act.
    Questions on whether specific activities could or will constitute a 
violation of section 9 should be directed to the Field Supervisor of 
the Service's Asheville Field Office (see the ``Addresses'' section) or 
to the Cookeville Field Office, U.S. Fish and Wildlife Service, 446 
Neal Street, Cookeville, Tennessee 38501 (615/528-6481). Requests for 
copies of regulations regarding listed species and inquiries about 
prohibitions and permits should be addressed to the U.S. Fish and 
Wildlife Service, Ecological Services Division, 1875 Century Boulevard, 
Atlanta, Georgia 30345 (Phone 404/679-7313; Fax 404/679-7081).

National Environmental Policy Act

    The 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 
Act. A notice outlining the Service's reasons for this determination 
was published in the Federal Register on October 25, 1983 (48 FR 
49244).

[[Page 27978]]

Required Determinations

    The Service has examined this regulation under the Paperwork 
Reduction Act of 1995 and found it to contain no information collection 
requirements. This rulemaking was not subject to review by the Office 
of Management and Budget under Executive Order 12866.

References Cited

Beatley, J. C. 1963. The sunflowers (genus Helianthus) in Tennessee. 
Journal of the Tennessee Academy of Science 38:135-154.
Branson, B. A., D. F. Harker, Jr., J. M. Baskin, M. E. Medley, D. L. 
Batch, M. L. Warren, Jr., W. H. Davis, W. C. Houtcooper, B. Monroe, 
Jr., L. R. Phillippe, and P. Cupp. 1981. Endangered, threatened, and 
rare animals and plants of Kentucky. Transactions of the Kentucky 
Academy of Science 42:77-89.
DeSelm, H. R. 1989. The barrens of Tennessee. Journal of the 
Tennessee Academy of Sci. 64:89-95.
Heiser, C. B., Jr., D. M. Smith, S. B. Clevenger, and W. C. Martin, 
Jr. 1969. The North American Sunflowers. Memoirs of the Torrey 
Botanical Club 22(3):1-218.
Jones, R. L. 1991. Status Report on Helianthus eggertii Small. 
Unpublished report to the Asheville Field Office, U.S. Fish and 
Wildlife Service, Asheville, North Carolina. 99 pp.
Small, J. K. 1903. Flora of the Southeastern United States. 
Published by the author. New York.
Smith, D. M. 1957. The taxonomy of Helianthus strumosus and related 
species. Ph.D. Dissertation. Indiana University, Bloomington.
Spring, O., and E. E. Schilling. 1991. The sesquiterpene lactone 
chemistry of Helianthus Sect. Atrorubentes (Asteraceae: 
Heliantheae). Biochemical Systematics and Ecology 19:59-79.
Warren, M. L., Jr., W. H. Davis, R. R. Hannan, M. Evans, D. L. 
Batch, B. D. Anderson, B. Palmer-Hall, Jr., J. R. MacGregor, R. R. 
Cicerello, R. Athey, B. A. Branson, G. J. Fallo, B. M. Burr, M. E. 
Medley, and J. M. Baskin. 1986. Endangered, threatened, and rare 
plants and animals of Kentucky. Transactions of the Kentucky Academy 
of Science 47:84-97.

Author

    The primary author of this final rule is Mr. J. Allen Ratzlaff, 
Asheville Field Office, (See ADDRESSES section).

List of Subjects in 50 CFR Part 17

    Endangered and threatened species, Exports, Imports, Reporting and 
recordkeeping requirements, and Transportation.

Regulation Promulgation

    Accordingly, part 17, subchapter B of chapter I, title 50 of the 
Code of Federal Regulations, is amended 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 to read as follows:


Sec. 17.12  Endangered and threatened plants.

* * * * *
    (h) * * *

--------------------------------------------------------------------------------------------------------------------------------------------------------
                        Species                                                                                                                         
--------------------------------------------------------       Historic range                 Family               Status       When   Critical  Special
         Scientific name                Common name                                                                            listed   habitat   rules 
--------------------------------------------------------------------------------------------------------------------------------------------------------
FLOWERING PLANTS:                                                                                                                                       
                  *                  *                  *                  *                  *                    *                  *                 
    Helianthus eggertii..........  Sunflower, Eggert's.  U.S.A. (AL, TN, KY)......  Asteraceae...............  T                  613        NA       NA
                   *                  *                  *                  *                  *                  *                  *                  
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Dated: April 8, 1997.
John G. Rogers,
Acting Director, Fish and Wildlife Service.
[FR Doc. 97-13412 Filed 5-21-97; 8:45 am]
BILLING CODE 4310-55-P