[Federal Register Volume 64, Number 157 (Monday, August 16, 1999)]
[Proposed Rules]
[Pages 44470-44475]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-20964]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
RIN 1018-AF68
Endangered and Threatened Wildlife and Plants; Proposed
Endangered Status for Carex lutea (Golden Sedge)
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: We, the Fish and Wildlife Service (Service), propose to
determine endangered status for Carex lutea (golden sedge) under the
authority of the Endangered Species Act of 1973, as amended (Act). This
rare plant is presently known from only eight populations in Pender and
Onslow counties, North Carolina. C. lutea is endangered throughout its
range because of habitat alteration; conversion of its limited habitat
for residential, commercial, or industrial development; mining;
drainage activities associated with silviculture and agriculture; and
suppression of fire. In addition, herbicide use, particularly along
utility or road rights-of-way, may also be a threat. This proposal, if
made final, will extend the protection of the Act to C. lutea. We are
seeking data and comments from the public.
DATES: Send your comments to reach us on or before October 15, 1999. We
will not consider comments received after the above date in making our
decision on the proposed rule. We must receive public hearing requests
by September 30, 1999.
ADDRESSES: Send comments, materials, and requests for a public hearing
concerning this proposal to the State Supervisor, Asheville Field
Office, US Fish and Wildlife Service, 160 Zillicoa Street, Asheville,
North Carolina 28801. Comments and materials received will be available
for public inspection, by appointment, during normal business hours at
the above address.
FOR FURTHER INFORMATION CONTACT: Ms. Nora A. Murdock at the above
address (828/258-3939, extension 231).
SUPPLEMENTARY INFORMATION:
Background
Carex lutea (LeBlond) is a perennial member of the sedge family
(Cyperaceae) known only from North Carolina. Fertile culms (stem) may
reach one meter (3 feet) or more in height. The yellowish green leaves
are grasslike, with those of the culm mostly basal and up to 28
centimeters (cm) (10 inches (in)) long, while those of the vegetative
shoots reach a length of 65 cm (25 in). Fertile culms produce two to
four flowering spikes (multiple flowering structure with flowers
attached to the stem), with the terminal (end) spike being male and the
one to three (usually two) lateral spikes being female. Lateral spikes
are subtended by leaflike bracts (a much-reduced leaf). The male spike
is about 2 to 4 cm (0.75 to 1.5 in) long, 1.5 to 2.5 millimeters (mm)
(0.05 to 0.10 in) wide, with a peduncle (stalk) about 1 to 6 cm (0.5 to
2 in) long. Female spikes are round to elliptic, about 1 to 1.5 cm (0.5
in) long and 1 cm (0.5 in) wide. The upper female spike is sessile (not
stalked; sitting), while lower female spikes, if present, have
peduncles typically 0.5 to 4.5 cm (0.2 to 1.75 in) long. When two to
three female spikes are present, each is separated from the next, along
the culm, by 4.5 to 18 cm (1.75 to 7 in). The inflated perigynia (sac
which encloses the ovary) are bright yellow at flowering and about 4 to
5 mm (.16 to .20 in) long; the perigynia beaks (point) are out-curved
and spreading, with the lowermost in a spike strongly reflexed (turned
downward). C. lutea is most readily identified from mid-April to mid-
June during flowering and fruiting. It is distinguished from other
Carex species that occur in the same habitat by its bright yellow color
(particularly the pistillate (female) spikes), by its height and
slenderness, and especially by the out-curved beaks of the crowded
perigynia, the lowermost of which are reflexed (LeBlond et al. 1994).
LeBlond et al., in 1994 described Carex lutea from specimens
collected in 1992 by R. J. LeBlond, B. A. Sorrie, A. A. Reznicek, and
S. A. Reznicek in Pender County, North Carolina. It is the only member
of the Carex section Ceratocystis found in the southeastern United
States.
Carex lutea grows in sandy soils overlying coquina limestone
deposits, where the soil pH is unusually high for this region,
typically between 5.5 and 7.2 (Glover 1994). Soils supporting the
species are very wet to periodically shallowly inundated. The species
prefers the ecotone (narrow transition zone between two diverse
ecological communities) between the pine savanna and adjacent wet
hardwood or hardwood/conifer forest (LeBlond 1996; Schafale and Weakley
1990). Most plants occur in the partially shaded savanna/swamp where
occasional to frequent fires favor an herbaceous ground layer and
suppress shrub dominance. Other species with which this sedge grows
include tulip poplar (Liriodendron tulipifera), pond cypress (Taxodium
ascendens), red maple (Acer rubrum var. trilobum), wax myrtle (Myrica
cerifera var. cerifera), colic root (Aletris farinosa), and several
species of beakrush (Rhynchospora spp.). At most sites, C. lutea shares
its habitat with Cooley's meadowrue (Thalictrum cooleyi), federally
listed as endangered, and with Thorne's beakrush (Rhynchospora
thornei), a species of concern to us. All known populations are in the
northeast Cape Fear River watershed in Pender and Onslow counties,
North Carolina. As stated by LeBlond (1996):
. . . localities where Carex lutea have been found are
ecologically highly unusual . . . The combination of fairly open
conditions underlain by a calcareous substrate is very rare on the
Atlantic coastal plain. Many rare plant species are associated with
these localities, and several have very restricted distributions,
either being endemic to a small area or with a few highly scattered
occurrences. The affinities of these taxa are variable, but include
connections to the calcareous savannas of the Gulf Coast States;
alkaline marshes of the Atlantic tidewater; calcareous glades,
barrens, and prairies of the Appalachian region and the ridge and
valley
[[Page 44471]]
province of Georgia and Alabama; and pinelands of the Carolinas and
southern New Jersey.
These rare savannas, underlain by calcareous deposits, support
unusual assemblages of plants, including several species known from
less than a dozen sites worldwide (Schafale 1994). LeBlond (1996)
characterizes these habitats as ``. . . a small archipelago of
phytogeographic islands . . .'' that form a refuge for these rare and
unique species. Despite extensive searches of the Gulf Coast in
northern Florida and southern Alabama, and Atlantic Coast sites in
South Carolina, Georgia, and Florida, no other populations of Carex
lutea were found outside the North Carolina coastal plain. The species
appears to be a very rare, narrowly restricted endemic to an area
within a 2-mile radius of the Onslow/Pender County line in southeastern
North Carolina (LeBlond 1996). It is listed as endangered by the State
of North Carolina (Amoroso and Weakley 1995; M. Boyer, North Carolina
Department of Agriculture, personal communication, 1998).
Previous Federal Activities
Federal government actions on this species have only recently
begun, since the species was unknown to science before 1991 and its
official description was not published until 1994. In 1995, we funded a
survey to determine the status of Carex lutea throughout its known and
potential range; we accepted the final report on this survey in 1997. A
1998 status report confirmed the species' precarious status (LeBlond
1998). We elevated C. lutea to candidate status (species for which we
have sufficient information on status and threats to propose the taxon
for listing as endangered or threatened) on October 16, 1998.
On May 8, 1998 (63 FR 25502), we published Listing Priority
Guidance for Fiscal Years 1998 and 1999. The guidance clarifies the
order in which we will process rulemakings, giving highest priority
(Tier 1) to processing emergency rules to add species to the Lists of
Endangered and Threatened Wildlife and Plants (Lists); second priority
(Tier 2) to processing final determinations on proposals to add species
to the Lists, processing new proposals to add species to the Lists,
processing administrative findings on petitions (to add species to the
Lists, delist species, or reclassify listed species), and processing a
limited number of proposed or final rules to delist or reclassify
species; and third priority (Tier 3) to processing proposed or final
rules designating critical habitat. Processing of this proposed rule is
a Tier 2 action.
Summary of Factors Affecting the Species
The procedures for adding species to the Federal lists are found in
section 4 of the Act and the accompanying regulations (50 CFR part
424). 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 Carex lutea (golden
sedge) are as follows:
A. The present or threatened destruction, modification, or
curtailment of its habitat or range. Seven of the eight known
populations of Carex lutea are on privately owned land and are
potentially threatened with the destruction or adverse modification of
their habitat from residential, commercial, or industrial development;
mining; drainage activities associated with silviculture and
agriculture; and suppression of fire. The eighth population, on land
now owned by the North Carolina Department of Transportation (NCDOT),
was severely disturbed in the 1980s by clearcutting, ditching, and
draining prior to NCDOT ownership. This site has been purchased by the
NCDOT as a mitigation site and is currently under study for the
restoration of natural communities and protection and enhancement of
rare species populations. At least some of the original C. lutea plants
survived the previous damage to the site, and the remaining population
appears stable.
As described in the ``Background'' section, the habitat upon which
this species depends is extremely rare. Most of the remaining
populations are very small, with five of the eight occupying a combined
total area of less than 58 square meters. Three of the sites have
populations composed of fewer than 50 individuals. Although little is
known about natural population fluctuations in this species, severe
population declines (exceeding 83 percent) were noted between 1992 and
1996 at three of the eight remaining sites. The exact causes for these
losses are unknown. One population is located on a roadside, and
another is on a power line right-of-way, where they are exceptionally
vulnerable to destruction from highway expansion or improvement or
herbicide application. All the known sites have been damaged to some
degree in the past by ditching and drainage, mining, logging,
bulldozing, and/or road building. Because the species was only recently
discovered, it is impossible to know exactly what its historic
distribution and population numbers might have been. However, LeBlond
(1996) states: ``It is probable that drainage ditches (that lower the
water table over a large area) have reduced, perhaps greatly, the
amount of suitable habitat available for Carex lutea and other rare
species at these sites.''
B. Overutilization for commercial, recreational, scientific, or
educational purposes. There is no known commercial trade in C. lutea at
this time. However, because of its small and easily accessible
populations, it is vulnerable to taking and vandalism that could result
from increased publicity. Most populations are too small to support
even the limited collection of plants for scientific or other purposes.
C. Disease or predation. Disease and predation are not known to be
factors affecting the continued existence of the species at this time.
D. The inadequacy of existing regulatory mechanisms. Carex lutea is
listed by the State of North Carolina as endangered. As such, it is
afforded legal protection within the State by North Carolina General
Statutes, Sec. 106-202.12 to 106-202.19 (Cum. Supp. 1985), which
provide for protection from intrastate trade (without a permit) and for
the monitoring and management of State-listed species and prohibit the
taking of plants without a permit and written permission from the
landowner. However, State prohibitions against taking are difficult to
enforce and do not cover adverse alterations of habitats, such as
disruption of drainage patterns and water tables or exclusion of fire.
Two of the sites are somewhat protected by registry agreements between
the landowner and the North Carolina Natural Heritage Program. These
agreements are strictly voluntary, however, and may be canceled by the
landowner at any time. Part of another population is owned by The
Nature Conservancy; however, this site is next to a quarry, and the
rest of the population is vulnerable to destruction.
Section 404 of the Clean Water Act represents the primary Federal
law that may provide some regulation of the species' wetland habitats.
However, the Clean Water Act by itself does not provide adequate
protection for the species. Although the objective of the Clean Water
Act is to ``restore and maintain the chemical, physical, and biological
integrity of the Nation's waters'' (33 U.S.C. Sec. 1251), no specific
provisions exist that address the need to conserve rare species. The
Army Corps of Engineers (Corps) is the Federal agency responsible for
administering the section 404 program. Under section 404, the Corps may
issue nationwide permits
[[Page 44472]]
for certain activities that are considered to have minimal impacts.
However, the Corps seldom withholds authorization of an activity under
nationwide permits unless the existence of a listed threatened or
endangered species would be jeopardized. The Corps may also authorize
activities by an individual or regional general permit when the project
does not qualify for authorization under a nationwide permit. These
projects include those that would result in more than minimal adverse
environmental effects, either individually or cumulatively, and are
typically subject to more extensive review. Regardless of the type of
permit deemed necessary under section 404, rare species such as Carex
lutea may receive no special consideration with regard to conservation
or protection unless they are listed under the Act.
E. Other natural or manmade factors affecting its continued
existence. As mentioned in the ``Background'' section of this proposed
rule, many remaining populations are small in numbers of individuals
and in area covered by the plants. This may suggest low genetic
variability within populations, making it more important to maintain as
much habitat and as many remaining colonies as possible.
Little is known about the life history of this species or about its
specific environmental requirements. However, its apparent restriction
to wet pine savannas is a strong indication that it is adapted to the
pyric (associated with burning) and hydrological conditions associated
with this community type. Such habitats were historically exposed to
wildfires approximately every 3 to 5 years, usually during the growing
season, which maintained the open habitats favored by Carex lutea and
dozens of other fire-adapted species. During winter and spring, the
soils where C. lutea grows are often shallowly flooded. At other times
of the year these sites are very wet to saturated. Such high water
tables also serve to control woody growth in undisturbed savanna
habitats. However, without regular fire, which has been intensively
suppressed on the Atlantic coastal plain for half a century, and with
the lowering of water tables due to ditching, the open savannas are
rapidly changing to dense thickets dominated by the trees and shrubs of
the adjacent uplands. As a result, the extraordinary plant diversity
characteristic of the savannas is being eliminated, and species such as
C. lutea are disappearing from the landscape. Even where such habitat
is owned by an organization that is able to manage the land with
prescribed fire, like The Nature Conservancy, increasingly restrictive
smoke management regulations make burning very difficult.
We have carefully assessed the best scientific and commercial
information available regarding the past, present, and future threats
faced by this species in making this determination. Based on this
evaluation, the preferred action is to list Carex lutea as an
endangered species. Endangered status is more appropriate than
threatened status because of the following factors: this species occurs
in only 2 counties; only 8 populations survive, all of which have
already been damaged to some degree; most of the remaining populations
are very small, with five of the eight occupying a combined total area
of less than 58 square meters; three of the remaining populations are
composed of fewer than 50 individuals; there are documented severe
population declines (exceeding 83 percent) between 1992 and 1996 at
three of the eight remaining sites; and all of the remaining
populations are currently threatened by fire suppression, highway
expansion, right-of-way management with herbicides, and drainage
ditching.
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
considerations or protection; and (ii) specific areas outside the
geographic area occupied by a species at the time it is listed, upon a
determination that such areas are essential for the 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 any critical habitat at the
time the species is listed as endangered or threatened. Our regulations
(50 CFR 424.12(a)(1)) state that the 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. We find that
designation of critical habitat for Carex lutea is not prudent because
such designation would not be beneficial to the species.
Critical habitat designation, by definition, directly affects only
Federal agency actions through consultation under section 7(a)(2) of
the Act. 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 a listed species or destroy or
adversely modify its critical habitat. None of the known populations of
Carex lutea occur on Federal land. However, Federal involvement with
this species may occur through the use of Federal funding for power
line construction, maintenance, and improvement; highway construction,
maintanance and improvement; drainage alterations; and permits for
mineral exploration and mining on non-Federal lands. The use of such
funding for projects affecting occupied habitat for this species would
be subject to review under section 7(a)(2), whether or not critical
habitat was designated. The precarious status of C. lutea is such that
any adverse modification or destruction of its occupied habitat would
also jeopardize its continued existence. Thus, the only potential
benefit that would result from critical habitat designation would be
notification to Federal, State and local government agencies and
private landowners. However, during the listing process, and after a
species is listed, we conduct public outreach in affected local
communities and with government agencies. All involved parties and
landowners are aware of the location and importance of protecting this
species' habitat. For these reasons, we believe that designation of
currently occupied habitat of this species as critical habitat would
not result in any additional benefit to the species and that such
designation is not prudent.
Because this species occupies an extremely rare habitat type,
little of which remains in an unaltered, functional state, we do not
expect that reintroduction to currently unoccupied habitat is essential
for recovery efforts. Therefore, we believe that designation of
currently unoccupied habitat of this species as critical habitat would
not result in any additional benefit to the species and, therefore,
such designation is not prudent.
Most populations of this species are small, and the loss of even a
few individuals to activities such as collection for scientific
purposes could extirpate the species from some locations. Taking
without a permit is prohibited by the Act from locations under Federal
jurisdiction; however, none of the known populations are
[[Page 44473]]
located on Federal land. Therefore, publication of critical habitat
descriptions and maps would increase the vulnerability of the species
to collection, but would not increase its protection under the Act. The
contractor we hired to conduct the rangewide status survey declined to
include directions to the occupied sites in his report, stating: ``Due
to the extreme rarity of Carex lutea and its vulnerability to
extinction, a description of site boundaries or precise directions to
population micro sites cannot be provided here'' (LeBlond 1996). The
owners and managers of all the known populations of C. lutea have been
made aware of the plant's location and how important it is to protect
the plant and its habitat. Since no additional benefits would result
from designation of critical habitat, and there are some risks
associated with potential collection, we conclude that it is not
prudent to designate critical habitat for C. lutea.
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
practices. Recognition through listing encourages and results in
conservation actions by Federal, State, and local agencies, private
organizations, and individuals. The Act provides for possible land
acquisition and cooperation with the States and requires that recovery
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, as amended, requires Federal agencies to
evaluate their actions with respect to any species that is proposed or
listed as endangered or threatened and with respect to its 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)(4) requires Federal agencies to confer
informally with us on any action that is likely to jeopardize the
continued existence of a proposed species or result in the destruction
or adverse modification of proposed critical habitat. If a species is
subsequently listed, 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 adversely affect a listed species or its critical habitat, the
responsible Federal agency must enter into formal consultation with us.
Federal activities that could impact Carex lutea and its habitat in
the future include, but are not limited to, the following: power line
construction, maintenance, and improvement; highway construction,
maintenance, and improvement; drainage alterations; and permits for
mineral exploration and mining. We will work with the involved agencies
to secure protection and proper management of C. lutea while
accommodating agency activities to the extent possible.
If the species is added to the Federal List of Endangered and
Threatened Wildlife and Plants, additional protection from taking will
be provided when the taking is in violation of any State law, including
State trespass laws. It would also provide protection from
inappropriate commercial trade and encourage active management for
Carex lutea. Specifically, the Act and its implementing regulations set
forth a series of general prohibitions and exceptions that apply to all
endangered plants. All prohibitions of section 9(a)(2) of the Act,
implemented by 50 CFR 17.61, apply. These prohibitions, in part, would
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. Certain exceptions to the prohibitions apply to
our agents and to State conservation agencies.
The Act and 50 CFR 17.62 and 17.63 also provide for the issuance of
permits to carry out otherwise prohibited activities involving
endangered plants under certain circumstances. Such permits are
available for scientific purposes and to enhance the propagation or
survival of the species. We anticipate that few trade permits would
ever be sought or issued, because the species is not common in
cultivation or in the wild. You may request copies of the regulations
on plants from and direct inquiries about prohibitions and permits to
the US Fish and Wildlife Service, 1875 Century Boulevard, Atlanta,
Georgia (telephone 404/679-7313).
It is our policy, published on July 1, 1994 (59 FR 34272), to
identify, to the maximum extent practicable, those activities that
would or would not constitute a violation of section 9 of the Act at
the time of listing. The intent of this policy is to increase public
awareness of the effect of the listing on proposed and ongoing
activities within a species' range. The eight remaining populations of
Carex lutea occur on non-Federal land. We believe that, based upon the
best available information, you can take the following actions without
resulting in a violation of section 9, only if these activities are
carried out in accordance with existing regulations and permit
requirements:
(1) Activities authorized, funded, or carried out by Federal
agencies (e.g., wetland modification; power line construction,
maintenance, and improvement; highway construction, maintenance, and
improvement; and permits for mineral exploration and mining) when such
activity is conducted in accordance with any reasonable and prudent
measures given by us according to section 7 of the Act.
(2) Normal agricultural and silvicultural practices, including
pesticide and herbicide use, that are carried out in accordance with
any existing regulations, permit and label requirements, and best
management practices.
(3) Normal landscape activities around your own personal residence.
We believe that the following might potentially result in a
violation of section 9; however, possible violations are not limited to
these actions alone:
(1) Removal, cutting, digging up, damaging, or destroying
endangered plants on non-Federal land if conducted in knowing violation
of State law or regulation or in violation of State criminal trespass
law. North Carolina prohibits the intrastate trade and take of C. lutea
without a State permit and written permission from the landowner.
(2) Interstate or foreign commerce and import/export without
previously obtaining an appropriate permit.
Public Comments Solicited
We intend that any final action resulting from this proposal will
be as accurate and as effective as possible. Therefore, we are
soliciting comments or suggestions from the public, other concerned
government agencies, the scientific community, industry, or any other
interested party concerning this proposed rule. In particular, we are
seeking comments concerning:
[[Page 44474]]
(1) Biological, commercial trade, or other relevant data concerning
any threat (or lack thereof) to Carex lutea;
(2) The location of any additional populations of Carex lutea and
the reasons why any habitat should or should not be determined to be
critical habitat as provided by section 4 of the Act;
(3) Additional information concerning the range and distribution of
this species; and
(4) Current or planned activities in the subject area and their
possible impacts on Carex lutea.
We will consider your comments and any additional information
received on this species when making a final determination regarding
this proposal. The final determination may differ from this proposal
based upon the information we receive.
You may request a public hearing on this proposal. Your request for
a hearing must be made in writing and filed within 45 days of the date
of publication of this proposal in the Federal Register. Address your
request to the State Supervisor (see ADDRESSES section).
Executive Order 12866
Executive Order 12866 requires agencies to write regulations that
are easy to understand. We invite your comments on how to make this
proposal easier to understand including answers to questions such as
the following: (1) Is the discussion in the ``Supplementary
Information'' section of the preamble helpful in understanding the
proposal? (2) Does the proposal contain technical language or jargon
that interferes with its clarity? (3) Does the format of the proposal
(grouping and order of sections, use of headings, paragraphing, etc.)
aid or reduce its clarity? What else could we do to make the proposal
easier to understand?
National Environmental Policy Act
We have determined that an environmental assessment, 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 our reasons for this
determination was published in the Federal Register on October 25, 1983
(48 FR 49244).
Paperwork Reduction Act
This rule does not contain any new collections of information other
than those already approved under the Paperwork Reduction Act, 44
U.S.C. 3501 et seq., and assigned Office of Management and Budget
clearance number 1018-0094. An agency may not conduct or sponsor, and a
person is not required to respond to a collection of information,
unless it displays a currently valid control number. For additional
information concerning permit and associated requirements for
endangered species, see 50 CFR 17.62.
References Cited
Amoroso, J., and A. Weakley. 1995. Natural Heritage Program list of
the rare plant species of North Carolina. Natural Heritage Program,
Division of Parks and Recreation, North Carolina Department of
Environment, Health, and Natural Resources, Raleigh.
Glover, L. 1994. Carex lutea: alive and well in Pender County, North
Carolina. Report prepared by the North Carolina Chapter of The
Nature Conservancy, Durham.
LeBlond, R. 1998. Supplement to the status survey for Carex lutea.
Unpublished report submitted to the Asheville Field Office, U.S.
Fish and Wildlife Service, Asheville, NC.
------------. 1996. Status survey for Carex lutea LeBlond.
Unpublished report submitted to the Asheville Field Office, U.S.
Fish and Wildlife Service, Asheville, NC.
LeBlond, R., A. Weakley, A. Reznicek, and W. Crins. 1994. Carex
lutea (Cyperaceae), a rare new coastal plain endemic from North
Carolina. SIDA 16:153-161.
Schafale, M. 1994. Inventory of longleaf pine natural communities in
North Carolina. Natural Heritage Program, Division of Parks and
Recreation, North Carolina Department of Environment, Health, and
Natural Resources, Raleigh.
Schafale, M., and A. Weakley. 1990. Classification of the natural
communities of North Carolina (third approximation). Natural
Heritage Program, Division of Parks and Recreation, North Carolina
Department of Environment, Health, and Natural Resources, Raleigh.
Author
The primary author of this document is Ms. Nora A. Murdock (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, we propose 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. Amend Sec. 17.12(h) by adding the following, in alphabetical
order under FLOWERING PLANTS, to the List of Endangered and Threatened
Plants:
Sec. 17.12 Endangered and threatened plants.
* * * * *
(h) * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Species
-------------------------------------------------------- Historic range Family Status When listed Critical Special
Scientific name Common name habitat rules
--------------------------------------------------------------------------------------------------------------------------------------------------------
Flowering Plants
Carex lutea...................... Golden sedge........ U.S.A. (NC)........ Cyperaceae......... E ........... NA NA
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 44475]]
Dated: July 12, 1999.
Marshall P. Jones,
Acting Director, Fish and Wildlife Service.
[FR Doc. 99-20964 Filed 8-13-99; 8:45 am]
BILLING CODE 4310-55-P
