~s ~34O Federal ~sgister / Vol. 57, No~196W I Thursday. October 8. i9~2-/ Rules and Regulations I

collected in ..in.1888. This and South Carolina), and coneflower grows up to 1.5 meters tail marble (in South Carolina and ). from a vertical root stock; stems are Optimal sites are characterized by smooth, with few leaves. The largest abundant sunlight and little competition leaves are the basal leaves, which reach in the herbaceous layer (Caddy 1991). 20 cm in length and 7.5 cm in width. Natural fires, as well as large have long stems, and are elliptical to herbivores, are part of the history of the 50 CFR PART 17 broadly lanceolate. tapering to the base. vegetation in this species’ range; many and smooth to slightly rough. The mid- RIN 1O1S-A873 of the associated herbs are also stem leaves have shorter stems or no cormophytic, sun-loving species, which Endangered and Threatened Wildlife stems and are smaller in size than the depend on periodic disturbances to and ; la.v$gata basal leaves. The rays of the flowers reduce the shade and competition of (Smooth Coneflower) Determined To (petal-like structures) are light pink to woody plants (Kral 1963 and Caddy purplish, usually drooping, and 5 to8 cm B. Endangered 1991) long. Flower heads are usually solitary. AGENCY: Fish and Wtldlife Service. Flowering occurs from May through July. A total of 59 populations of Echinacea Interior. The fruit is a gray-brown. oblong. loevigata have been reported historically from 24 counties in 8 States. ACTION: Final rule. prismatic achene, usually four-angled. and 4 to 4.5 mm long; seeds are .5 cm The reports from Alabama and SUMMARY~The Service determines the long (Kral 1983, Radford et a!. 1964, Arkansas are now believed to have Echinacea laevi,gata (smooth McGregor 1968. Cronquist 1980. Caddy been misidentifications (Caddy 1991). Of coneflower), a perennial herb 1im~ted to 1991, and Wofford 1989). The smooth the 21 remaining populations (located in 21 populations in , North conellower can be distinguished from its Pulaski. Montgomery, Campbell. and Carolina, South Carolina, and Georgia, most similar relative, the purple Franklin Counties. Virginia; Durham and to be an under the coneflower (E. purpurea), by its leaves, Granville Counties, North Carolina; euthonty of the Endangered Species Act which in the smooth coneflower are Oconee and Anderson Counties, South of 1973, as amended (Act). Echinacea never cordate (heart-shaped) like those Carolina; and Stephens County, Jaevigata is endangered by collecting, of the purple coneflower, In addition, the Georgia), 7 occur on land managed by encroachment of woody vegetation. awn of the pale in the smooth the U.S. Forest Service, 2 are on U.S. residential and industrial development. coneflower is incurved. while that of E. Army Corps of Engineers lands, I is on highway construction and improvement. purpurea is straight (Kral 1983, Caddy North Carolina Department of and certain types of roadside and power 1991. and Wofford 1989). land, 1 site is owned by The line right-of-way maintenance. This The reported historical range of Nature Conservancy, I site is owned by action implements Federal protection Echinacea /aevigata included the South Carolina Heritage Trust provided by the Act for Echinacea , , Virginia, North Program. I site is within a right-of-way Iaevigata. Carolina, South Carolina, Georgia, maintained by the South Carolina EFFECTIVE DATE: November 9, 1992. Alabama, and Arkansas. The species is Department of Highways and Public now known to survive only in Virginia. Transportation. 1 is on land managed by ADDRESSES: The complete file for this North Carolina, South Carolina, and rule i~available for inspection, by Clemson University, and the remaining 7 appointment, during normal business Georgia. Five populations survive in are on privately owned lands. Several of Virginia. six in North Carolina. seven in hours at the U.S. Fish and Wildlife South Carolina, and three in Georgia. these populations are in or near Service, 330 Ridgefield Court, Asheville, transmission line corridors of various Three additional populations in South utility companies or are near highway North Carolina 28806. Carolina (two in Aiken County and one FOR FURTHER INFORMATiON CONTACT: in Allendale County) are believed to rights-of-way.Extirpated populations Ms. Nora Murdock at the above address have been introduced. The habitat of are believed to have succumbed due to (704/665—1195. Ext. 231). smooth coneflower is open woods, cedar the absence of natural disturbance (fire SUPPLEMENTARY INFORMATION: barrens, roadsides, clearcuts, dry and/or grazing). highway construction and improvement, gas line installation, Background limestone bluffs, and power line rights- of-way. usually on magnesium- and and residential and industrial Echinacea /aevigata is a rhizomatous calcium-rich soils associated with development. The continued existence perennial herb described by Boynton limestone (in Virginia). gabbro (in North of Echin~ocealoevigata is threatened by and Beadle in Small (1903) from material Carolina and Virginia), diabase (in these activities, as well as by collecting. I Federal Register / Vol. 57, No. 196 / Thursday, October 8, 1992 I Rules and Regulations 46341 use, and possibly by Summary of Comments and Granville County, North Carolina. This encroachment of exotic species. Recommendations population, which contains one-third of Federal government actions on this In the December 9. 1991, proposed rule the total smooth coneflower plants in species began with Section 12 of the Act and associated notifications, all existence, occupies a site that has (16 U.S.C. 1531 et seq.), which directed interested parties were requested to recently been proposed for construction the Secretary of the Smithsonian submit factual reports or information of a regional hazardous waste Institution to prepare a report on those that might contribute to the development incinerator. Of the 21 extant plants considered to be endangered, of a final rule. Appropriate State populations, 13 are currently declining in threatened, or extinct. This report. agencies, county governments. Federal numbers of plants, only 7 are considered designated as House Document number agencies, scientific organizations, and stable, and 1 is increasing. Nineteen of 94-51. was presented to Congress on other interested parties were contacted the populations are currently threatened January 9. 1975. The Service published a and requested to comment. Newspaper by habitat alterations (Caddy 1991). notice in the July 1. 1975, Federal notices inviting public comment were Half of the remaining populations Register (40 FR 27832) of its acceptance published in the Durham Herald (North survive along roadsides. Three of the report of the Smithsonian Carolina) on December 29, 1991, and the populations remain on utility line nghts- Institution as a petition within the Roanoke Times and World News of-way, another is along an abandoned context of section 4(c)(2) (now section (Virginia) on December 27, 1991. railroad r!ght-of-way, ar.d a fifth s on 4(b)(3)l of the Act and of its intention Twenty-one comment letters were the edge of a motorbike trail in a wooded area. Most of the populations thereby to review the status of the plant received. Nineteen of these expressed taxa named within. support for the proposal. and two are small, with 11 containing less than presented additional information 100 plants each. Four of these contain Section 4(b)(3)(B) of the Act, as less than 10 plants each. Such small amended in 1982. requires the Secretary without stating a position. to make findings on certain pending populations are inherently vulnerable to Summary of Factors Affecting the extirpation as a result of highway and petitions within 12 months of their Species receipt. Section 2(b)(1) of the 1982 right-of-way improvement, particularly if are use. Amendments further requires that all After a thorough review and Highly restricted distribution and the petitions pending on October 13, 1982, consideration of all information scarcity of seed sources, as well as be treated as having been newly available, the Service has determined submitted on that date. This was the that Echinacea laevigata should be appropriate habitat, increase the severity of the threats faced by case for Echinacea laevigata because classified as an endangered species. Procedures found at section 4(a)(1) of Echinacea laevigata. As stated in the the Service had accepted the 1975 “Background” section above, this Smithsonian report as a petition. In each the Act and regulations (50 CFR part 424) promulgated to implement the species requires some form of October from 1983 through 1990. the disturbance to maintain its open habitat Service found that the petitioned listing listing provisions of the Act were followed. A species may be determined and can withstand mowing and timber- of this species was warranted but harvesting operations. if properly done. precluded by other listing actions of a to be endangered or threatened due to one or more of the five factors described It cannot withstand bulldozing or direct higher priority, and that additional data application of broadleaf herbicides. Iii on vulnerability and threats were still in section 4(a)(1). These factors and their applicauon to Echinacea /aevigata addition, the small populations that being gathered. (Boynton and Beadle) Blake (smooth survive on road edges could be easily On December 15. 1980, the Service coneflower) are as follows: destroyed by highway tmprovement published a revised notice of review for projects or by right-of-way maintenance native plants in the Federal Register (45 A. The Present or Threatened activities, if these are not done in a FR 82480); Echinacea Iaevigata was Destruction, Modification. or manner consistent with protecting the included in that notice as a category 2 Curtailment of its Habitat or Range. species. species. Category 2 species are those Echinacea laevigata has been and B. Qverutilization for Commercial, species for which listing as endangered continues to be endangered by or threatened may be warranted but for Recreational, Scientific, or Educational destruction or adverse alteration of its Purposes which substantial data on biological habitat. Since discovery of the species. vulnerability and threats are not 64 percent of the known populations Echinacea luevigata. although offered currently known or on file to support have been extirpated. partly as a result for sale by a few native plant nurseries, proposed rules. of conversion of habitat for silvicultural is not currently a significant component Subsequent revisions of the 1980 and agricultural purposes and for of the commercial trade in native plants. notice have maintained Echinacea industrial and residential development. However. many of the more common loevigata in category 2. However, Fire suppression appears to be a native coneflowers are in demand for recently completed status survey work problem for this species and will be horticultural use and are a significant provided sufficient data to support discussed in detail under Factor E part of the commerciar trade. Publicity proposing the species as endangered. below. Of the 38 populations that have could generate an increased demand for and indicated the species to have a been extirpated. one is known to have this attractive species, which might listing priority of 2 (see Federal Register been eliminated by highway exceed the currently available sources of September 21. 1983 (48 FR 43098) for construction, another by construction of of cultivated material. Because of its discussion of priority guidelines). A a gas line, and a third by conversion of small and easily accessible populations. proposal was published on December 9. the site to pine plantation. Causes for it is vulnerable to taking and vandalism 1991 (56 FR 64229) to list Echinacea the extirpation of the others are that could result from increased specific Jaevigata as endangered. and unknown. Many of the remaining notoriety. constituted the final 12-month finding populations are on the edges of Overshadowing the potential threat of for this species under Section 4(b)(3)(B) highways or utility rights-of-way. The taking for horticultural purposes is the of the Act. largest population remaining is in threat of commercial collection for the 46342 Federal Register I Vol. 57. No. 196 I Thursday, October 8, 1992 / Rules and Regulations Those remaining are small, easily pharmaceutical trade. For over a although several of the other species in century. Midwestern species in this accessible, and highly vulnerable. the genus are readily cultivated and genus have been harvested and sold in C. Disease or Predation grown from seed. A few commercial European and American markets under nurseries specializing in native plants the trade name “Kansas snake root” Echinacea angustifolio is known to be are currently propagating this species (McGregor 1968). In Germany alone. a host plant for certain species of leaf and are offering cultivated specimens over 280 products made from various beetle (family Chrysomelidae) (Wilcox for sale. species of this American genus are 1979). Beetles in this family have been Fire or some other suitable form of registered for medicinal use (Bauer and observed on Echinocea laevigota in disturbance, such as well-timed mowing Wagner 1990). As stated by Steven North Carolina. but it is unknown what or careful clearing, is essential to Foster (Consultant. Eureka Springs. effect they have on the plants. At this maintaining the glade remnants - Arkansas, personal communication, time there is no known threat to this occupied by Echinacea laevigaga. 1990): species from disease. Without such periodic disturbance, this The potential danger of inadvertent harvest D. The inadequacy of Existing type of habitat is gradually overtaken of plants for commercial markets may be the Regulatory Mechanisms and eliminated by shr~bsand trees of the adjacent woodlands. As the woody greatest h:dden danger to Echinacea Echinacea /aevigata is listed in North loevignIa ‘ we have been able to species increase in height and density. document that three endemic species have Carolina as endangered (Sutter 1990), in South Carolina as nationally.4hrea tened they overtop Echinacea laevigata. also been harvested without proper attention which, like most other coneflowers, is to species identity in the Midwest. These (Rayner et ci. 1984), in Georgia as include the Ozark endemics, E. paradaxa and threatened (McCollum and Ettman 1987), intolerant of dense shade. In addition, the species seems to require bare soil for E. szmulato. as well as S. atrorubens. and in Alabama as endangered germination of seeds. The current Documented harvests have reached as (treeman et al. 1979). The species is not listed in Virginia. distribution of the species is ample high as 200.000 pounds collected from a evidence of its dependence on single Kansas county in 1 year. Given In North Carolina. Echinacea laevigata is afforded legal protection by disturbance. Of the 21 remaining the fact that at least 8 to 10 dried roots populations, 15 are on roadsides, in are required to make up 1 pound. this North Carolina general statutes. § 106— 202.122, 106—202.19 (Cum. Suppi 1985). utility or railroad rights-of-way, or single harvest represented the collection This legislation provides for protection adjacent to trails. of approximately two million roots. Dr. The Service has carefully assessed the Ronald McGregor. director emeritus of from intrastate trade (without a permit), provides for monitoring and best scientific and commercial the herbarium at the University of information available regarding the past, Kansas and the leading authority on the management of State-listed species, and prohibija taking of plants without the present, and future threats faced by this genus Echinacea (in Foster 1991), noted species in determining to make this rule drastic declines in Kansas populations written permission of landowners. In Georgia the speciesfS afforded legal final. Based on this evaluation, the of Echinocea pal/ida as a result of preferred action is to list Echinacea commercial harvests in the 5 years prior protection under the Wildflower Preservation Act of 1973, Code of laevigata as endangered. With over two- to 1987. Although most of the thirds of the species’ populations commercial supply of Echinacea Georgia Ann., Title 43, SectIon 43-1801 to 43—1806. Georgia legislation prohibits already having been eliminated and purpurea now comes from cultivated only 21 remaining in existence, and sources, the demand for the roots far taking of listed plants from public lands (without a permit) and regulates the sale based upon its dependence on some outstrips the commercial supply and is form of active management. it definitely resulting in increasing pressure on wild and transport of plants within the State. Although South Carolina and Alabama warrants protection under the Act. populations of nearly every species in recognize this species as nationally Endangered status appropriate because the genus. of the imminent serious threats facing In 1987, 7000 individuals of the Ozark threatened and endangered, respectively, neitherState offers legal all but one of the remaining populations. endemic. Echinacea paradoxo, were- The largest population remaining, which stolen from a Missouri State park protection for plants. State prohibitions against taking are contains almost a third of the total (Wallace 1987). Wallace further stated, surviving plants. occupies the site of a “Diggers do not discriminate between difficult to enforce and do not cover adverse alterations of habitats, such as proposed regional hazardous waste species. collecting all Echinaceos.” incinerator. Foster {199’l) further states: exclusion of fire. The Endangered Species Act will provide additional Critical habitat is not being Unfortunately, a number of the endemic protection and encouragement of active designated for the reasons discussed and more unusual Echinacea species are below. entenng commercial lots, dug by unwitting management for Echinacea /aevigato. harvesters. In the Ozarks. this authorhas E. Other Naturn!orManmade Factors Critical Habitat observed Echinacea sirnuloto. harvested by Affecting its Continued Existence the truck load. Roadside population. have Section 4{a)(3) of the Act, as amended, decreased dramatically in South Central As mentioned in “Background” requires that, to the maximum extent Missouri. Theplant is much less common in section of this proposed rule, many of prudent and determinable, the Secretary northern Arkansas. Commercial harvest of the remaining populations are small in designate critical habitat at the time the this species from the wild cannot be numbers of individual stems and in area species is determined to be endangered sustained. Ifharvested at current levels over covered by the plants. Therefore, there or threatened. The Service finds that he next 10 years, its fate will be extinction. may be low genetic variability within designation of critical habitat is not Although such devastation of populations, making it more important tO presently prudent forEc.hinacea Echinacea lavigata populations for the maintain as much habitat and as many Iaevigalo. A.. discussed in Factor B in commercial pharmaceutical trade has of the remaining colonies as possible. the “Summary of Factors Affecting the not yet been documented. almost two- Much remains unknown about the Species,” Echinacea Iaevigota is thirds of the originally known demographics and reproductive threatened by taking, an activity only populations of this species are gone. requirements of this species in the wild, regulated by the Act with respect to Fedecal ~egist~r / VoL 57, No. 196 / Thursday. October 8. 1992 / Rules and Regulatiota ~ pLants in cases of (1) removal and existence of a listed species or to Natioi~aiEavironmeetal Po&y Act reduction to possession of endangered destroy or adversely modify its critical plants from lands under Federal habitat. If a Federal action may affect a The Fish and Wildlife Service has determined that an Environmental jurisdiction or their malicious damage or listed species or its critical habitat, the responsible Federal agency must enter Assessment, as defined under the destruction on such lands: and (2) authority of the National Environmental removal, cutting. digging up. or into formal consultation with the Policy Act of 1969, need not be prepared damaging or destroying in knowing Service. in connection with regulations adopted ‘violation of any State law or regulation. Federal activities that could impact pursuant to section 4~a)of the including State criminal trespass law. Echinacea laevigata and its habitat in Half of the populations are located on Endangered Species Act of 1973. as the future include. but are not limited to, amended. A notice outlining the Federal land, while the rest are on State the following: power line construction. or private land. Two of the four States Service’s reasons for this determination maintenance, and improvements; was published in the Federal Register on with known populations have no highway construction, maintenance, and October 25, 1983 (48 FR 49244). restrictions on taking. The other two improvements: forest management have limited restrictions—Georgia activities: and permits for mineral References Cited prohibits taking on public lands without exploration and mining. The Service will a permit. and North Carolina prohibits Bauer, R.. and 1-1. Wagner. 1990. Ec/’..”ccea: work with the involved agencies to Handbuch Für Arzte, Apotheker und taking without permission from the secure protection and propes. Andere Naturwissenschaftler. landowner. However, take provisions management of Echinacea Iaevxgata Wissenschaftliche Verlagsgesellschaft are difficult to enforce. regardless of while accommodating agency activities mbH. Stuttgart. Germany. 182 pp. land ownership. and publication of to the extent possible. Cronquist. A. 1980. Vascular Flora of ‘he critical habitat descriptions and maps in The Act and its implementing Southeastern ; Volume 1. the Federal Register and local regulations found at 50 CFR 17.61, 17.62, . University of ~torthCarolina newspapers would make Echinacea and 17.63 set forth a series of general Press, chapel Hill. NC. P. 29. Iaevigata more vulnerable and would Foster. S. 1991. Ech/nacea—Nature’s Immune prohibitions and exceptions that apply Enhancer. Healing Arts Press, Rochester. increase enforcement problems. All to all endangered plants. All trade involved parties and principal VT. 150 pp. prohibitions of section 9(a)42) of the Act. Freeman. J.. A. Causey. J. Short. and R. landowners have been notified of the implemented by 50 CFR 17.61. apply. Haynes. 1979. Endangered. Threatened. location and importance of protecting These prohibitions, in part. make it and Special Concern Plants in Alabaraa. this species’ habitat. Protection of this illegal for any person subject to the Botany and Microbiology Series ~o. 3. species’ habitat will be directed through jurisdiction of the United States to Alabama Agricultural Experiment Station. the recovery process and through the import or export. transport in interstate Auburn. AL 24 pp. Section 7 consultation process. or foreign commerce in the course of a Caddy, L L 1991. The Status of Ech~nacea Therefore, it would not now be prudent Iaevi,gala (Boynton and Beadle) Blake. commercial activity, sell or offer for sale Unpublished report to the U.S. Fish and to determine critical habitat for this species in interstate or foreign Echinocecz Iaevigota. Wildlife Service, Asheville. NC. 24 pp. pbs commerce. or to remove and reduce to appendices and maps. Available Conservation Measures possession the species from areas under Knal. R. 1983. A Report on Some Rare. Conservation measures provided to Federal jurisdiction. In addition, for Threatened, or Endangered Forest-related species listed as endangered or endangered plants, the 1988 Vascular Plants of the South. USDA. Forest threatened under the Act include amendments (Pub. L 100-478) to the Act Service. Technical Publication R&-TP2. Pp. recognition, recovery actions, prohibit the malicious damage or 1135—I 138. destruction on Federal lands and the McCollum. J.. and D. Ettinan. 1987. Georgia’s requirements for Federal protection. and Protected Plants. Revised Edition. Ceo~gia prohibitions against certain practices. removal, cutting, digging up, damagii~ or destroying of endangered plants in Department of NaturalResources. Atlanta. Recognition through listing encourages GA. 64 pp. and results in conservation actions by knowing violation of any State law or McGregor. R. 1968. The of the Federal. State. and private agencies. regulation. including State criminal Genus Echinocea (Cosnpositae). The groups. and individuals. The Act trespass law. Certain exceptions apply University of Kansas Science Bulletin provides for possible land acquisition to agents of the Service and State 48:113—142. and cooperation with the States and conservation agencies. The Act and 50 Radford. A., H. Aides, and C. 8eU. 1964. requires that recovery actions be carried CFR 17.82 and 17.63 also provide for the Manual of the Vascular Flora of the issuance of permits to carry out Carolinas. University of NorthCarolina out for all listed species. The protection Press. Chapel Hill, NC. P. ma required of Federal agencies and the otherwise prohibited activities involving endangered species under certain Rayner. D.. and committee. 1904. Native prohibitions against certain activities Vascular Plants Endangered. Threatened. involving listed plants are discussed, in circumstances. or Otherwise in ~eopardyIn South part. below. It is ancitipated that some trade Carolina. Soith Carolina Wildlife and Section 7(a) of the Act, as amended. permits will be sought because the Marine Resources Department. Columbia. requires Federal agencies to evaluate species is already in cultivation and is a SC. 25 pp. their actions with respect to any species part of the commercial trade in native Small. J.K. 1903. Manual of the Southeastern that is proposed or listed as endangered plants. Commercial sources of cultivated Flora. New York. NY. P. 1421. or threatened and with respect to its material should be encouraged In order Sutter, R. 1990. List orNorth Carolina’s critical habitat, if any is being to reduce pressure on wild populations. Endangered. Threatened. and Candidate Plant Species. Plant Conservation Program. designated. Regulations implementing Requests for copies of the regulations on North Carolina Department of Agriculture. this interagency cooperation provision listed plants and inquiries regarding Raleigh. NC. 18 pp. of the Act are codified at 50 CFR part prohibitions and permits may be Wallace, G. 1987. Coneflower Alert. Petal 402. Section 7(a)(2) requires Federal addressed to the Office of Management Pushen Missouri Native Plant Society agencies to ensure that activities they Authority, U.S. Fish and Wildlife 2(3):3. authorize, fund, or carry out are not Service, 4401 N. Fairfax Drive. room 432. Wilcox. J. 1979. Leaf Beetle Host Plants in likely to jeopardize the continued Arlington, Virginia 22203 (703/358—2104). Northeastern North America. Biological 46344’ Federal Register I Vol. 57. No. 196 / Thursday, October 8, 1992 / Rules anSI Regulations recordkeeping requirements, and Research Institute of America. Inc. World Authority~18 U.S.C. 1381-1407: 18 U.S.C. Natural History Publications, Kinderhook. Transportation. 1531-1544:16 U.S.C. 4201~-4245~Public Law NY. P. 11 99—625, 100 Stat. 350th unless otherwise noted. Wofford, BE. 1989. Guideto the Vascular Regulation Promulgation Plants of the Blue Ridge University of 2. Amend § 17.12(h) by adding the Georgia Press, Athens. GA. P. 164. Accordingly, part 17, subchapter ~ of following, in alphabetical order under chapter 1. title 50 of the Code of Federal the family Asteraceae, to the List of Author Regulations, is amended as set forth Endangered and Threatened Plants: The primary author of this proposed below: rule is Ms. Nora Murdock (see § 17.12 Endangered and threatened ADDRESSES” section). PART 17—{AMENDEDJ plants. List of Subjects in 50 CFR Part 17 1. The authority citation for pait 17 continues to read as follows: (h) * Endangered and threatened species. Exports, Imports. Reporting and

Species ~isto ra a Status When Cnticai Special Scientific name Common name “ fisted habitat rules

Asteraceae—Aster family:

Echinacea /aev,~ai’a Smooth coneftower U S.A.(GA. MD, NC, PA, SC, VA) ..~ E • 481 NA • NA

Dated: September 23. 1992. Richard N. Smith, Acting Director, Fish and Wildlife Service. LF’R Doe. 92—24440 Filed 10—7—92: 8:45 aml BILLING COO4310-55-U