[Federal Register Volume 89, Number 127 (Tuesday, July 2, 2024)]
[Proposed Rules]
[Pages 54758-54761]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-14402]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[Docket No. FWS-R8-ES-2023-0088; FF09E22000 FXES1113090FEDR 245]
RIN 1018-BG50


Endangered and Threatened Wildlife and Plants; Removal of White 
Sedge (Carex albida) From the List of Endangered and Threatened Plants

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), propose to 
remove the white sedge (Carex albida) from the Federal List of 
Endangered and Threatened Plants (i.e., ``delist'' the species). Our 
review of the best available scientific and commercial data indicate 
that the white sedge is not a discrete taxonomic entity and does not 
meet the definition of a species as defined by the Endangered Species 
Act of 1973, as amended (Act). White sedge has been synonymized with 
Lemmon's sedge (Carex lemmonii). This taxonomic revision means that the 
white sedge is no longer a scientifically accepted species. If we 
finalize this rule as proposed, the prohibitions and conservation 
measures provided by the Act, particularly through sections 7 and 9, 
would no longer apply to the white sedge.

DATES: We will accept comments received or postmarked on or before 
September 3, 2024. Comments submitted electronically using the Federal 
eRulemaking Portal (see ADDRESSES, below) must be received by 11:59 
p.m. eastern time on the closing date. We must receive requests for 
public hearings, in writing, at the address shown in FOR FURTHER 
INFORMATION CONTACT by August 16, 2024.

ADDRESSES: You may submit comments by one of the following methods:
    (1) Electronically: Go to the Federal eRulemaking Portal: https://www.regulations.gov. In the Search box, enter FWS-R8-ES-2023-0088, 
which is the docket number for this rulemaking. Then, click on the 
Search button. On the resulting page, in the Search panel on the left 
side of the screen, under the Document Type heading, click on the 
Proposed Rule box to locate this document. You may submit a comment by 
clicking on ``Comment.''
    (2) By hard copy: Submit by U.S. mail to: Public Comments 
Processing, Attn: FWS-R8-ES-2023-0088, U.S. Fish and Wildlife Service, 
MS: PRB/3W, 5275 Leesburg Pike, Falls Church, VA 22041-3803.
    We request that you send comments only by the methods described 
above. We will post all comments on https://www.regulations.gov. This 
generally means that we will post any personal information you provide 
us (see Information Requested, below, for more information).
    Availability of supporting materials: This proposed rule and 
supporting documents, including a copy of the 5-year review referenced 
throughout this

[[Page 54759]]

document, are available at https://www.regulations.gov under Docket No. 
FWS-R8-ES-2023-0088.

FOR FURTHER INFORMATION CONTACT: Michael Fris, Field Supervisor, U.S. 
Fish and Wildlife Service, Sacramento Fish and Wildlife Office, 2800 
Cottage Way, Sacramento, CA 95825; telephone 916-414-6700. Individuals 
in the United States who are deaf, deafblind, hard of hearing, or have 
a speech disability may dial 711 (TTY, TDD, or TeleBraille) to access 
telecommunications relay services. Individuals outside the United 
States should use the relay services offered within their country to 
make international calls to the point-of-contact in the United States. 
Please see Docket No. FWS-R8-ES-2023-0088 on https://www.regulations.gov for a document that summarizes this proposed rule.

SUPPLEMENTARY INFORMATION:

Information Requested

    We intend that any final action resulting from this proposed rule 
will be based on the best scientific and commercial data available and 
be as accurate and as effective as possible. Therefore, we request 
comments or information from other concerned governmental agencies, 
Native American Tribes, the scientific community, industry, or any 
other interested parties concerning this proposed rule.
    We particularly seek comments concerning:
    (1) Reasons we should or should not remove the white sedge from the 
List of Endangered and Threatened Plants; and
    (2) Additional taxonomic or other relevant data concerning the 
white sedge.
    Please include sufficient information with your submission (such as 
scientific journal articles or other publications) to allow us to 
verify any scientific or commercial information you include.
    Please note that submissions merely stating support for, or 
opposition to, the action under consideration without providing 
supporting information, although noted, do not provide substantial 
information necessary to support a determination. Section 4(b)(1)(A) of 
the Act directs that determinations as to whether any species is an 
endangered species or a threatened species must be made solely on the 
basis of the best scientific and commercial data available.
    You may submit your comments and materials concerning this proposed 
rule by one of the methods listed in ADDRESSES. We request that you 
send comments only by the methods described in ADDRESSES.
    If you submit information via https://www.regulations.gov, your 
entire submission--including any personal identifying information--will 
be posted on the website. If your submission is made via a hardcopy 
that includes personal identifying information, you may request at the 
top of your document that we withhold this information from public 
review. However, we cannot guarantee that we will be able to do so. We 
will post all hardcopy submissions on https://www.regulations.gov.
    Comments and materials we receive, as well as supporting 
documentation we used in preparing this proposed rule, will be 
available for public inspection on https://www.regulations.gov.
    Our final determination may differ from this proposal because we 
will consider all comments we receive during the comment period as well 
as any information that may become available after this proposal. For 
example, based on the new information we receive (and, if relevant, any 
comments on that new information), we may conclude that the white sedge 
should remain listed as endangered. We will clearly explain our 
rationale and the basis for our final decision, including why we made 
changes, if any, that differ from this proposal.

Public Hearing

    Section 4(b)(5) of the Act provides for a public hearing on this 
proposal, if requested. Requests must be received by the date specified 
in DATES. Such requests must be sent to the address shown in FOR 
FURTHER INFORMATION CONTACT. We will schedule a public hearing on this 
proposal, if requested, and announce the date, time, and place of the 
hearing, as well as how to obtain reasonable accommodations, in the 
Federal Register and local newspapers at least 15 days before the 
hearing. We may hold the public hearing in person or virtually via 
webinar. We will announce any public hearing on our website, in 
addition to the Federal Register. The use of these virtual public 
hearings is consistent with our regulation at 50 CFR 424.16(c)(3).

Peer Review

    In accordance with our joint policy on peer review published in the 
Federal Register on July 1, 1994 (59 FR 34270), and our August 22, 
2016, memorandum updating and clarifying the role of peer review of 
listing and recovery actions under the Act, we will seek independent 
scientific reviews from at least three appropriate and independent 
specialists regarding scientific data and interpretations contained in 
this proposed rule. We will send copies of this proposed rule to the 
peer reviewers immediately following publication in the Federal 
Register. We will ensure that the opinions of peer reviewers are 
objective and unbiased by following the guidelines set forth in the 
Director's Memo, which updates and clarifies Service policy on peer 
review (U.S. Fish and Wildlife Service 2016). The purpose of such 
review is to ensure that our decisions are based on scientifically 
sound data, assumptions, and analysis. Accordingly, our final decision 
may differ from this proposal. Comments from peer reviewers will be 
posted at https://www.regulations.gov and included in the decision file 
for the final rule.

Previous Federal Action

    Federal Government actions on white sedge began as a result of 
section 12 of the Act, which directed the Secretary of the Smithsonian 
Institution to prepare a report on those plants considered to be 
endangered, threatened, or extinct in the United States. This report, 
designated as House Document No. 94-51, was presented to Congress on 
January 9, 1975, and included white sedge as an endangered species 
(Ripley 1975, p. 56). We published a notice on July 1, 1975 (40 FR 
27823), of our acceptance of the report of the Smithsonian Institution 
as a petition within the context of section 4(c)(2) of the Act 
(petition provisions are now found in section 4(b)(3) of the Act) and 
our intention thereby to review the status of the plant taxa named 
therein. White sedge was included in the July 1, 1975, notice (40 FR 
27823 at 27833). On June 16, 1976, we published a proposal (41 FR 
24523) to determine approximately 1,700 vascular plant species, 
including white sedge, to be endangered species pursuant to section 4 
of the Act. The list of 1,700 plant taxa was assembled based on 
comments and data received by the Smithsonian Institution and the 
Service in response to House Document No. 94-51 and our July 1, 1975, 
notice (40 FR 27823 at 27833). General comments received related to the 
1976 proposal were summarized in an April 26, 1978, rule (43 FR 17909).
    We published a proposed rule to list the white sedge as endangered 
on August 2, 1995 (60 FR 39314), and invited public comment. Processing 
of the proposed rule was delayed by a congressional moratorium on 
activities associated with final listings from April 10, 1995, through 
April 26, 1996 (Pub. L. 104-6, 109 Stat. 73, 86 (1995)). After the 
moratorium was lifted, we reopened the comment period on September 11,

[[Page 54760]]

1996, and scheduled a public hearing on October 3, 1996 (61 FR 47856). 
We published the final rule to list white sedge as an endangered 
species on October 22, 1997 (62 FR 55791).
    We published a 5-year status review for the species on May 2, 2019, 
and recommended white sedge be removed from the List of Endangered and 
Threatened Plants based on taxonomic error (Service 2019, pp. 3-4). 
White sedge has been synonymized with (i.e., considered to be the same 
species as) Lemmon's sedge (Carex lemmonii), a wide-ranging and 
abundant taxon endemic to California that is distributed throughout the 
Northern Coast and Sierra-Cascade mountain ranges (Calflora 2022, 
entire; Zika et al. 2015, entire). Therefore, white sedge is no longer 
considered a valid species that is distinct from the more widely 
abundant and distributed Lemmon's sedge.

Background

    White sedge, as previously identified, is an herbaceous perennial 
in the sedge family (Cyperaceae). The first white sedge specimen was 
collected in 1854 by Dr. Jacob M. Bigelow during an exploratory 
expedition to find a railway route from the Mississippi River to the 
Pacific Ocean (Torrey and Gray 1857, p. 98). This specimen was 
collected from Santa Rosa Creek in the Laguna de Santa Rosa wetland 
complex in Sonoma County (Howell 1957, pp. 178-179; Best et al. 1996, 
p. 252). No additional locations were recorded until the 1900s (Howell 
1957, p. 178). The immaturity of the specimen when collected and lack 
of additional collections in the following decades resulted in doubt 
regarding its taxonomic validity (Zika and Wilson 2012, p. 171).
    Several early taxonomic studies questioned the validity of white 
sedge as a distinct species, resulting in numerous taxonomic revisions. 
In 1922, white sedge was combined with woodrush sedge (C. luzulina) 
(Mackenzie 1922, p. 64). In 1935, white sedge was grouped with Lemmon's 
sedge (Mackenzie 1935, p. 314; 1940, pp. 198-199). In 1937, white sedge 
was described as the distinct species C. sonomensis (Stacey 1937, pp. 
63-64), and in 1957, white sedge and C. sonomensis were grouped 
together and the grouped entity was described as distinct from Lemmon's 
sedge (Howell 1957, pp. 178-180; 1965, pp. 1454-1455). This 
nomenclature was followed for The Jepson Manual (Mastrogiuseppe, 1993, 
p. 1111), which was the most current information considered for the 
listing of white sedge as an endangered species in 1997. This 
nomenclature continued to be followed for Flora of North America (Ball 
and Mastrogiuseppe, 2002, pp. 479-480). The 2nd edition of The Jepson 
Manual (Zika et al. 2012, p. 1328), based on analysis of the 
characteristics of white sedge and Lemmon's sedge (Zika and Wilson, 
2012, pp. 176-177), treats white sedge as a synonym for Lemmon's sedge.
    Taxonomic studies used morphological characters of foliage, 
perigynia (scale-like leaf enclosing a pistil (female flower)), achenes 
(small, dry seed or fruit), and inflorescences (group of flowers) to 
distinguish white sedge from other species of Carex (Zika and Wilson 
2012, p. 171). White sedge has inflorescences with staminate (male) 
flowers above the pistillate (female) flowers (especially on the 
terminal inflorescence), lateral spikelets, and leaves that are shorter 
than the stems, measuring 3 to 5 mm (0.1 to 0.2 in) wide (62 FR 55791 
at 55793, October 22, 1997). The final rule to designate white sedge as 
an endangered species notes that some individuals may resemble Lemmon's 
sedge but differ in perigynium and achene size, or in other respects 
(62 FR 55791 at 55793, October 22, 1997). Taxonomists often use the 
shape of perigynia to separate closely related Carex species (Zika and 
Wilson 2012, p. 173).
    To clarify previous taxonomic classifications of white sedge and to 
explain the revised classification in Zika et al. (2012, p. 1328), 18 
morphological characters that have been used to differentiate white 
sedge and Lemmon's sedge were compared and evaluated (Zika and Wilson 
2012, p. 173). In a preliminary study, the range of variation of 13 
characters was determined for 39 herbarium specimens of white sedge and 
270 specimens of Lemmon's sedge (Zika and Wilson 2012, p. 172). 
Analysis of variance (ANOVA), non-metric multidimensional scaling 
(NMS), and principal components analysis (PCA) were applied on a subset 
of 6 specimens of white sedge and 57 specimens of Lemmon's sedge across 
18 morphological characters (Zika and Wilson 2012, p. 172).
    In those analyses, Lemmon's sedge could be distinguished from 
similar sedges, including C. luzulina, C. luzufolia, and C. 
fissuricola, through perigynia differences (Zika and Wilson 2012, p. 
173). However, Lemmon's sedge plants from Sonoma County (i.e., 
populations previously referred to as white sedge) are not 
distinguishable from specimens in Mariposa County (Zika and Wilson 
2012, p. 173). Similarly, variations in perigynia of C. sonomensis are 
consistent with variations in perigynia of Lemmon's sedge. Analyses of 
other characters resulted in similar conclusions; there were no 
characters that reliably distinguished between white sedge and Lemmon's 
sedge (Zika and Wilson 2012, p. 173). Additionally, Lemmon's sedge 
individuals from Butte, Mariposa, and San Bernardino Counties exhibited 
a wide variation in many characters, resulting in some individuals that 
closely resembled herbarium specimens and cultivated plants of white 
sedge (Zika and Wilson 2012, p. 174).
    ANOVA results for all quantitative characters indicate that white 
sedge is not morphologically distinct from Lemmon's sedge (Zika and 
Wilson 2012, p. 175). Except for leaf width, all white sedge 
morphological traits are within the range of variation found among the 
57 Lemmon's sedge specimens (Zika and Wilson 2012, p. 175). When 
considered alone, the variation of leaf width between the two taxa is 
statistically significant (Zika and Wilson 2012, p. 176). However, 
there is considerable overlap in leaf width variation, and Zika and 
Wilson (2012, pp. 174-175) do not consider this character to have 
practical taxonomic significance. PCA and NMS yield similar results 
(Zika and Wilson 2012, p. 176). Therefore, statistical results fail to 
distinguish white sedge and Lemmon's sedge as distinct entities based 
on morphological characters. Because Lemmon's sedge was described 
before white sedge, it is appropriate to synonymize both entities under 
the same scientific name of Carex lemmonii.
    Following the findings of Zika and Wilson (2012, pp. 176-177), 
white sedge was removed from the California Native Plant Society's Rare 
Plant Inventory and from Global Rank G1 (critically imperiled) and 
State Rank S1 (critically imperiled) of the California Natural 
Diversity Database (Sims and Lazar 2013, p. 2). Further, the California 
Natural Diversity Database (2023, p. 4) no longer tracks white sedge, 
as they consider white sedge a synonym of Lemmon's sedge.

Regulatory Framework

    Section 4 of the Act (16 U.S.C. 1533) and the implementing 
regulations in title 50 of the Code of Federal Regulations set forth 
the procedures for determining whether a species is an endangered 
species or a threatened species, issuing protective regulations for 
threatened species, and designating critical habitat for endangered and 
threatened species. On April 5, 2024, jointly with the National Marine 
Fisheries Service, the Service issued a final rule that revised the 
regulations in 50 CFR part 424 regarding how we add,

[[Page 54761]]

remove, and reclassify endangered and threatened species and what 
criteria we apply when designating listed species' critical habitat (89 
FR 24300). This final rule is now in effect and is incorporated into 
the current regulations. ``Species'' is defined by the Act as including 
any subspecies of fish or wildlife or plants, and any distinct 
population segment of any species of vertebrate fish or wildlife that 
interbreeds when mature (16 U.S.C. 1532(16)).
    Our regulations at 50 CFR 424.11(e) identify four reasons why, 
after conducting a status review based on the best scientific and 
commercial data available, we shall delist a species: (1) The species 
is extinct; (2) the species has recovered to the point at which it no 
longer meets the definition of an endangered species or a threatened 
species; (3) new information that has become available since the 
original listing decision shows the listed entity does not meet the 
definition of an endangered species or a threatened species; or (4) new 
information that has become available since the original listing 
decision shows the listed entity does not meet the definition of a 
species.

Determination of White Sedge Status

    In accordance with our regulations at 50 CFR 424.11(e)(4) currently 
in effect, our review of the best scientific and commercial data 
available indicates that the white sedge does not meet the statutory 
definition of a species. Therefore, we propose to remove the white 
sedge from the Federal List of Endangered and Threatened Plants. The 
white sedge does not require a post-delisting monitoring (PDM) plan 
because the requirements for a PDM do not apply to delisting species 
due to the listed entity no longer meeting the statutory definition of 
a species.

Effects of This Proposed Rule

    This proposed rule, if made final, would revise 50 CFR 17.12(h) by 
removing the white sedge from the Federal List of Endangered and 
Threatened Plants. The prohibitions and conservation measures provided 
by the Act, particularly through sections 7 and 9, would no longer 
apply to this species. Federal agencies would no longer be required to 
consult with the Service under section 7 of the Act in the event that 
activities they authorize, fund, or carry out may affect the white 
sedge. There is no critical habitat designated for this species, so 
there would be no effect to 50 CFR 17.96.

Required Determinations

Clarity of the Rule

    We are required by Executive Orders 12866 and 12988 and by the 
Presidential Memorandum of June 1, 1998, to write all rules in plain 
language. This means that each rule we publish must:
    (1) Be logically organized;
    (2) Use the active voice to address readers directly;
    (3) Use clear language rather than jargon;
    (4) Be divided into short sections and sentences; and
    (5) Use lists and tables wherever possible.
    If you feel that we have not met these requirements, send us 
comments by one of the methods listed in ADDRESSES. To better help us 
revise the rule, your comments should be as specific as possible. For 
example, you should tell us the numbers of the sections or paragraphs 
that are unclearly written, which sections or sentences are too long, 
the sections where you feel lists or tables would be useful, etc.

References Cited

    A complete list of references cited in this rulemaking is available 
on the internet at https://www.regulations.gov and upon request from 
the Sacramento Fish and Wildlife Office (see FOR FURTHER INFORMATION 
CONTACT).

Authors

    The primary authors of this proposed rule are staff members of the 
Service's Sacramento Fish and Wildlife Office (see FOR FURTHER 
INFORMATION CONTACT).

List of Subjects in 50 CFR Part 17

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

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--ENDANGERED AND THREATENED WILDLIFE AND PLANTS

0
1. The authority citation for part 17 continues to read as follows:

    Authority: 16 U.S.C. 1361-1407; 1531-1544; and 4201-4245, unless 
otherwise noted.
0
2. In Sec.  17.12, amend paragraph (h) by removing the entry for 
``Carex albida (White sedge)'' under Flowering Plants from the List of 
Endangered and Threatened Plants.

Martha Williams,
Director, U.S. Fish and Wildlife Service.
[FR Doc. 2024-14402 Filed 7-1-24; 8:45 am]
BILLING CODE 4333-15-P