Endangered and Threatened Wildlife and Plants; Proposed Endangered Status for Carex lutea (Golden Sedge)

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.

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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

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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

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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

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Flowering Plants

Carex lutea...................... Golden sedge........ U.S.A. (NC)........ Cyperaceae......... E ........... NA NA

* * * * * * *

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[[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