2009 Federal Register, 74 FR 37313; Centralized Library: U.S. Fish and Wildlife Service

[Federal Register: July 28, 2009 (Volume 74, Number 143)]
[Proposed Rules]
[Page 37313-37392]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28jy09-16]

[[Page 37313]]

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Part II

Department of the Interior

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Fish and Wildlife Service

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50 CFR Part 17

Endangered and Threatened Wildlife and Plants; Proposed Designation of
Critical Habitat for Limnanthes floccosa ssp. grandiflora (Large-
Flowered Woolly Meadowfoam) and Lomatium cookii (Cook's Lomatium);
Proposed Rule

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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018-AW21
[Docket No. FWS-R1-ES-2009-0046] [92210 1117-0000-B4]

Endangered and Threatened Wildlife and Plants; Proposed
Designation of Critical Habitat for Limnanthes floccosa ssp.
grandiflora (Large-Flowered Woolly Meadowfoam) and Lomatium cookii
(Cook's Lomatium)

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
designate critical habitat for two plants, Limnanthes floccosa ssp.
grandiflora (large-flowered woolly meadowfoam) and Lomatium cookii
(Cook's lomatium) under the Endangered Species Act of 1973, as amended
(Act). We are proposing to designate 2,561 hectares (ha) (6,327 acres
(ac)) as critical habitat for Limnanthes floccosa ssp. grandiflora in
Jackson County, Oregon, and 2,875 ha (7,104 ac) as critical habitat for
Lomatium cookii in Jackson and Josephine Counties, Oregon. The total
critical habitat area proposed in this rule, including critical habitat
units that overlap for the two species, is 4,467 ha (11,038 ac).

DATES: To provide us with adequate time to consider your comments,
please ensure that we receive them on or before September 28, 2009. We
must receive requests for public hearings, in writing, at the address
shown in the FOR FURTHER INFORMATION CONTACT section by September 11,
2009.

ADDRESSES: You may submit comments and materials concerning this
proposal by one of the following methods:
Federal eRulemaking Portal: http://
www.regulations.gov. Follow the instructions for submitting comments to
Docket No. FWS-R1-ES-2009-0046.
U.S. mail or hand-delivery: Public Comments Processing,
Attn: Docket No. FWS-R1-ES-2009-0046; Division of Policy and Directives
Management; U.S. Fish and Wildlife Service; 4401 N. Fairfax Drive,
Suite 222; Arlington, VA 22203.
We will post all comments on http://www.regulations.gov. This
generally means that we will post any personal information you provide
us (see the Public Comments section below for more information).

FOR FURTHER INFORMATION CONTACT: Paul Henson, State Supervisor, U.S.
Fish and Wildlife Service, Oregon Fish and Wildlife Office, 2600 SE
98th Avenue, Suite 100, Portland, OR 97266 (telephone 503-231-6179;
facsimile 503-231-6195). If you use a telecommunications device for the
deaf (TDD), call the Federal Information Relay Service (FIRS) at 800-
877-8339.

SUPPLEMENTARY INFORMATION:

Public Comments

We intend that any final action resulting from this proposal will
be as accurate and as effective as possible. Therefore, comments or
suggestions from the public, other concerned governmental agencies, the
scientific community, industry, or any other interested party
concerning this proposed rule are hereby solicited. We particularly
seek comments concerning:
(1) The reasons why we should or should not designate areas as
``critical habitat'' under section 4 of the Act (16 U.S.C. 1531 et
seq.), including whether there are threats to Limnanthes floccosa ssp.
grandiflora and Lomatium cookii from human activity, the degree of
which can be expected to increase due to the designation, and whether
the benefit of designation would outweigh threats to the species caused
by the designation, such that the designation of critical habitat is
prudent.
(2) Specific information on:
The amount and distribution of habitat for the species
included in this proposed rule;
What areas occupied at the time of listing, and that
contain physical and biological features essential for the conservation
of the species, we should include and why;
What areas not occupied at the time of listing that are
essential to the conservation of the species we should include and why;
and
Special management considerations or protection that the
proposed critical habitat may require.
(3) Specific information on Limnanthes floccosa ssp. grandiflora
and Lomatium cookii and the habitat components (physical and biological
features) essential to the conservation of these species, such as soil
moisture gradient, microsite preferences, and light requirements.
(4) Any information on the biological or ecological requirements of
these species.
(5) Land-use designations and current or planned activities in
areas occupied by the species, and their possible impacts on the
species and the proposed critical habitat.
(6) Any foreseeable economic, national security, or other potential
impacts resulting from the proposed designation and, in particular, any
impacts on small entities and the benefits of including or excluding
areas that are subject to these impacts.
(7) Whether the benefits of excluding any particular area from
critical habitat outweigh the benefits of including that area as
critical habitat under section 4(b)(2) of the Act, after considering
the potential impacts and benefits of the proposed critical habitat
designation.
(8) Whether our approach to designating critical habitat could be
improved or modified in any way to provide for greater public
participation and understanding, or to assist us in accommodating
public concerns and comments.
You may submit your comments and materials concerning this proposed
rule by one of the methods listed in the ADDRESSES section. If you
submit a comment via http://www.regulations.gov, your entire comment--
including any personal identifying information--will be posted on the
website. If you submit a hardcopy comment 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 comments on http://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 at http://www.regulations.gov, or by
appointment, during normal business hours, at the U.S. Fish and
Wildlife Service, Oregon Fish and Wildlife Office (see FOR FURTHER
INFORMATION CONTACT).
You may obtain copies of the proposed rule by mail from the Oregon
Fish and Wildlife Office (see FOR FURTHER INFORMATION CONTACT) or by
visiting the Federal eRulemaking Portal at http://www.regulations.gov.

Background

Species Information
Limnanthes floccosa ssp. grandiflora and Lomatium cookii were
listed as endangered species under the Act in 2002 (67 FR 68004;
November 7, 2002). In this proposed rule, we intend to discuss only
those topics directly relevant to the designation of critical habitat
for these two species. For detailed information on the taxonomy and
biology of L. f. ssp. grandiflora and L. cookii, please refer to the
final listing rule published in the Federal Register

[[Page 37315]]

on November 7, 2002 (67 FR 68004) and the Draft Recovery Plan for
Listed Species of the Rogue Valley Vernal Pool and Illinois Valley Wet
Meadow Ecosystems (USFWS 2006, pp. II-1 to II-17).
Limnanthes floccosa ssp. grandiflora and Lomatium cookii are
endemic to seasonal wetland habitats of southwestern Oregon. L. F. ssp.
grandiflora is restricted to Jackson County in the Rogue River Valley,
where it co-occurs with Lomatium cookii in several areas near White
City in an area known as the Agate Desert (ONHP 1997, p. 3; Huddleston
2001, p. 11). Lomatium cookii occurs in two disjunct locations: (1) in
the Rogue River Valley, near the towns of Medford, White City, and
Eagle Point; and (2) in the Illinois River Valley of Josephine County
near the towns of Selma, Cave Junction, and O'Brien (ONHDB 1994, p. 5).
The two locations are separated by approximately 48 kilometers (km) (30
miles (mi)).
Limnanthes floccosa ssp. grandiflora, commonly known as large-
flowered woolly meadowfoam, is a small, annual forb (broad-leaved herb)
in the false mermaid family (Limnanthaceae). The subspecies produces
yellowish-white flowers that bloom in April and May and reaches a
height of 15 centimeters (cm) (6 inches (in)) (Meinke 1982, p. 202). L.
f. ssp. grandiflora is distinguished from the more common L. f. ssp.
floccosa (common woolly meadowfoam) by its larger, sparser-haired
calyxes (outer flower bracts), which typically produce a single flower
per pedicel (flower stalk) (Kalin-Arroyo 1973, p. 188; USFWS 2006, pp.
II-1-II-3). In contrast, L. f. ssp. floccosa typically produces smaller
flowers with densely whitish and woolly haired calyxes; the flowers are
formed in clusters. L. f. ssp. grandiflora occurs on the floor of the
Middle Rogue River Basin in Jackson County in vernal pool-mounded
prairie habitat (rain-fed seasonal wetlands in prairie characterized by
gentle mound-swale topography) (Kalin-Arroyo 1973, p. 188; ONHP 1997,
p. 4; USFWS 2006, pp. II-1-II-3).
Lomatium cookii, commonly known as Cook's lomatium or Cook's desert
parsley, is a perennial, tap-rooted forb in the parsley family
(Apiaceae) that produces light-yellow flowers from late March to May
and reaches a height of 50 cm (20 in). This species is distinguished
from the more common Lomatium utriculatum (foothill desert parsley) by
having narrow bracts under the flower umbels (flower clusters),
producing paler yellow flowers, and by typically lacking leaves on the
flowering stems (Kagan 1986, pp. 73-74; USFWS 2006, pp. II-15-II-17).
Lomatium cookii is associated with vernal pool-mounded prairie habitat,
but also occurs in seasonally wet meadow habitat in forest openings
(ONHDB 1994, pp. 9-10).
Limnanthes floccosa ssp. grandiflora and Lomatium cookii are both
associated with the remaining relatively undisturbed vernal pool-
mounded prairie habitat in the Middle Rogue River Basin's Agate Desert
(Environmental Science Associates (ESA) 2007, p. 2-1; ONHP 1997, p. 3).
Relative to the pools, the plants often occur in pool margins, or less
often on both mound tops and depression bottoms of less intact vernal
pools.
The substrate underlying the vernal pool topography in the Middle
Rogue River Valley is primarily basalt within a matrix of thick clay
soil, which creates a hardpan or duripan layer (mineral soil horizons
relatively impervious to water). During fall and winter rains, water
collects in shallow depressions of the vernal pool-mounded prairie
habitat. Downward percolation of water is prevented by the presence of
the duripan layer located from 0.18 to 0.75 meters (m) (0.6 to 2.5 feet
(ft)) below the soil surface (Keeley and Zedler 1998, p. 2; Huddleston
2001, pp. 14-15). In areas north and northwest of Medford, the vicinity
of White City, and north along low-elevation plains, L. f. ssp.
grandiflora and Lomatium cookii occur on alluvial soils, primarily
mapped as Agate-Winlo complex soils, but also occasionally on mapped
Coker clay and Provig-Agate complex soils with 0 to 3 percent slopes.
L. f. ssp. grandiflora also occasionally occurs on soils mapped as
Carney clay and Winlo very gravelly loam in vernal pool habitat north
of White City (USDA 2006b).
In the Agate Desert, the two plants are associated with
microhabitats occupied by mostly annual native forbs and graminoids
(grass-like plants), including Alopecurus geniculatus (water foxtail),
Deschampsia danthonioides (slender hairgrass), Eryngium petiolatum
(Oregon coyote thistle), Trifolium depauperatum (poverty clover),
Myosurus minimus (tiny mouse-tail), Navarretia leucocephala ssp.
leucocephala (white-head navarretia), Lasthenia californica (California
goldfields), Phlox gracilis (slender phlox), Plagiobothrys bracteatus
(bracted popcornflower), and Triteleia hyacinthina (white brodiaea)
(OSU 2007); USFWS 2006, p. II-6). The vernal pool habitat occupied by
Limnanthes floccosa ssp. grandiflora in the Agate Desert ranges from
372 to 469 m (1,220 to 1540 ft) in elevation (Huddleston 2001, p. 11;
USGS 2002). The vernal pool habitat occupied by Lomatium cookii in the
same basin area ranges from 372 to 411 m (1,220 to 1,350 ft) in
elevation (Huddleston 2001, p. 11; USGS 2009).
The habitats occupied by Lomatium cookii in the Illinois River
Valley are more complex than the Rogue River Valley in both soil
composition and soil depth. Lomatium cookii occurs on 17 mapped soil
types in the Illinois River Valley. The majority of Lomatium cookii
occurrences in the Illinois River Valley are found on Brockman clay
loam, Josephine gravelly loam, and Pollard loam (USDA 2008). Unlike the
Middle Rogue River Basin soils, many of the Lomatium cookii-occupied
soil types originate from stream-fed alluvium covering sedimentary or
ultramafic rocks (ONHDB 1994, pp. 9-10). Ultramafic rock is a class of
rock that is low in calcium and high in iron and magnesium and is often
toxic to plants (Brady et al. 2005, p. 246). Pollard loam and Speaker-
Josephine gravelly loam soils originate from non-ultramafic sources,
while Brockman soil and most others types originate from ultramafic
parent material (Silvernail and Meinke 2008, pp. 9-10).
Lomatium cookii plants exhibit a slightly different morphology in
the Illinois River Valley than in the Rogue River Basin. Compared with
Agate Desert plants, Illinois River Valley Lomatium cookii plants are
less robust, have smaller plant dimensions, and have fewer numbers of
floral units. Plants in the two areas also exhibit differences in
floral and fruit morphology, seed length, the number of umbels (flower
groups), length of peduncle (flower stalk), number of central umbellets
(sub-flower groups) per umbel, and number of staminate flowers (male
flowers) per peripheral and central umbellet (Silvernail and Meinke
2008, pp. 30-31).
In the Illinois River Valley, Lomatium cookii is known from six
general areas along a 29-km (18-mi) stretch of the Illinois River
within the large serpentine sheet composed of ultramafic rock that
covers the central and southwestern portion of Josephine County. Within
this landform, Lomatium cookii occurs only in areas with alluvial silts
or clays that have been deposited over the ultramafic bedrock (ONHDB
1994, p. 9). In the Illinois River Valley, Lomatium cookii occurs in
elevations that range from 383 to 488 m (1,256 to 1,600 ft) (USGS
2009).
Habitat occupied by Lomatium cookii in the Illinois Valley is
primarily seasonally wet grassland meadows, on flats and slopes in
mixed oak-conifer forested meadows, streambanks, or

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forest openings, dominated by native grasses, including: Danthonia
californica (California oatgrass), Poa secunda (rough bluegrass),
Deschampsia cespitosa (tufted hairgrass), Festuca roemeri var.
klamathensis (Klamath Roemer's fescue), Achnatherum lemmonii (Lemmon's
needlegrass) and Deschampsia danthonioides. Native forbs include
Camassia spp. (camas), Ranunculus occidentalis (western buttercup), and
Limnanthes gracilis var. gracilis (slender meadowfoam) (ONHDB 1994, p.
9). The seasonally wet meadows occupied by Lomatium cookii in the
Illinois River Valley usually occur as part of bottomland Quercus
garryana-Quercus kelloggii-Pinus ponderosa (Oregon white oak-California
black oak-ponderosa pine) savannas. Widely spaced, large pine trees are
characteristic of the open meadow habitat with mixed pine and oak
woodlands occurring along seasonal creeks.
At the time of listing in 2002, Limnanthes floccosa ssp.
grandiflora was known from 15 distinct occurrences and Lomatium cookii
was known from 36 occurrences throughout their ranges (67 FR 68004;
November 7, 2002). Currently L. f. ssp. grandiflora has 22 documented
occurrences and Lomatium cookii has 37 documented occurrences. L. f.
ssp. grandiflora is found only in Jackson County, and is known from
Shady Cove, Hammel Road, two areas northeast of Upper Table Rock,
several areas north of Eagle Point, the Agate Reservoir, and at several
vicinities in and around White City including: the Jackson County
Sports Park (Hoover Ponds), the Hall and Military Slough tracks of the
Denman Wildlife Area, on City of Medford property, several areas west
of Whetstone Creek, and on several private properties (OHNIC 2008;
Service database 2008). The four largest population centers of L. f.
ssp. grandiflora include two areas in White City, Whetstone Creek, and
an area northeast of Upper Table Rock. The smallest L. f. ssp.
grandiflora population is known from an area just outside the Rogue
Valley International-Medford Airport (Meyers 2008, p. 48).
Lomatium cookii occurs in both Jackson County and Josephine County.
In Josephine County, where it is found in seasonal wet meadow habitats,
Lomatium cookii has been reported from six general areas: (1) the
vicinity of Selma; (2) the east base of Woodcock Mountain; (3) Rough
and Ready Creek; (4) Illinois River Forks State Park; (5) French Flat;
and (6) Laurel Road (ONHIC 2008; USFWS 2008). The six largest
population centers of Lomatium cookii include two areas in French Flat,
Laurel Road, and near the east base of Woodcock Mountain in Josephine
County; and at the Rogue Valley International-Medford Airport and an
area in east White City in Jackson County.
The two species co-occur in three general areas in Jackson County:
(1) the vicinity of the Rogue International-Medford Airport in Medford;
(2) in and around White City; and (3) areas west of Whetstone Creek.
Specific locations where Limnanthes floccosa ssp. grandiflora and
Lomatium cookii are found together have been reported in the Rogue
River Valley at the Rogue Valley International-Medford Airport and
various locations in and around White City including: the Jackson
County Sports Park, the Hall Track of the Denman Wildlife Area, on City
of Medford property, several areas west of Whetstone Creek, and on
several private properties in and around White City (ONHIC 2008; USFWS
2008).
Lomatium cookii populations are generally found in habitats not
subject to mining, agricultural development, residential or commercial
development, and grazing (Oregon Natural Heritage Information Center
(ONHIC) database 2008). Although, historically, many of these
activities were thought to have negative impacts on the species, there
are some notable exceptions, such as grazing, which can be beneficial
if properly managed. At a few sites in Jackson County, for example,
annual mowing, periodic burning, and grazing are practiced and appear
to be compatible with survival and even proliferation of Lomatium
cookii (Borgias 2004, p. 34). In fact, the largest and most prolific
Lomatium cookii populations occur where compatible grazing or mowing
practices occur repeatedly (Borgias 2004, p. 34). Although intensive
cattle grazing has a significant negative impact, especially combined
with the effects of competition with nonnative annual grasses, evidence
suggests that Lomatium cookii is capable of persisting under moderate
grazing pressure (Brock 1987, pp. 23, 30). Timing of grazing is also
important, as grazing in the fall and winter growing season would
reduce seed production by the plants (Brock 1987, p. 23). Sites
occupied by Lomatium cookii that receive no management continue to
support plant populations, but monitoring suggests that some of those
populations are declining (Kaye and Thorpe 2008, pp. 16-25). Borgias
(2004, p. 34) observed that, after several years without grazing or a
fire at The Nature Conservancy's Agate Desert Preserve, thatch
accumulated and recruitment of young Lomatium cookii declined due to
the increases of nonnative annual grasses. Other reports indicate that
vegetative succession, herbivory by voles (Microtus spp.), or both, may
be the cause of declining populations (Kaye and Thorpe 2008, pp. 16-
25).
Land uses associated with the largest, more intact populations of
Limnanthes floccosa ssp. grandiflora and Lomatium cookii are vernal
pool habitats managed using compatible agricultural practices. Actions
conducive to large population sizes of either of the two species may
include prescribed burns, controlled grazing practices, or regular
mowing. The Rogue Valley International-Medford Airport is an example of
an area that is mowed regularly to meet Federal Aviation Authority
(FAA) safety requirements and that supports a large and prolific
Lomatium cookii population that extends over 28 ha (70 ac) (R. Russell,
pers. comm. 2004; S. Friedman, pers. obs. 2009). Within grazed
properties, small isolated patches of L. f. ssp. grandiflora often
continue to persist, perhaps due to suppression of invasive nonnative
grasses (Meyers 2008, pp. 1-48; Wildlands, Inc. 2008, p. 1; Borgias
2004, p. 42).
Threats
Threats to Limnanthes floccosa ssp. grandiflora and Lomatium cookii
in the Rogue River Valley include: residential, urban, and commercial
development; agricultural development (including leveling, ditching,
tilling, and stock pond construction or water impoundments); road
construction and maintenance; aggregate mining; incompatible grazing
practices; off-road vehicle (ORV) use that affects surface hydrology;
vandalism (related to ORV use); encroachment by nonnative plants; and
herbivory by gophers (family Geomyidae) and voles (67 FR 68004; Kaye
and Thorpe, pp. 11-12).
Residential, urban, agricultural, mining, and commercial
development has resulted in an approximately 60 percent loss of the
vernal pool landscape in the Rogue River Valley due to building
construction, removal of habitat, altered hydrology, or altered
topography (ONHP 1997, pp. 14-15; Wille and Petersen 2006, p. 1993).
Ground-disturbing activities, such as road construction
and maintenance or ORV use, can damage the clay pan layer and allow
soil moisture to drain from the vernal pools or wet meadow habitats
that the plants depend upon for reproduction and survival. Incompatible
agricultural practices, including some timber management and crop
management, can alter hydrology,

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directly affect plants with equipment, or indirectly affect plants as a
result of road construction. Road construction can result in population
fragmentation, alteration of hydrology, or the covering of plants by
fill material, resulting in degradation of habitat and direct loss of
plants.
Vandalism refers to the intentional disregard or
dismantling of signing or fencing intended to protect certain wetland
areas from unauthorized ORV use, which may then result in negative
effects on the hydrology of the habitat.
The removal of surface material in conjunction with mining
activities results in the direct loss of habitats.
Heavy grazing, especially from October through April,
would be an example of incompatible grazing. The majority of seasonal
growth for these two plants occurs during the winter, and if plants are
grazed during the fall and winter months, they are less likely to
produce seed in the spring or early summer (Brock 1987, p. 23). Vernal
pool hydrology may also be altered by the compression and compaction
disturbance caused by grazing livestock. Nonnative plants can
outcompete and displace native plant species and may also inhibit
successful germination of seeds. Herbivory by gophers and voles results
in direct mortality of individual plants, as well as an indirect
decrease in reproduction.
Limnanthes floccosa ssp. grandiflora and Lomatium cookii are also
threatened by encroachment of nonnative annual herbs, including
Centaurea solstitialis (yellow starthistle) and Cardaria draba (hoary
cress), which may competitively exclude the two native species, as well
as nonnative annual grasses, namely Hordeum marinum ssp. gussoneanum
(Mediterranean barley) and Taeniantherum caput-medusae (medusahead).
Hordeum marinum ssp. gussoneanum encroaches on microhabitats occupied
by both species, but T. caput-medusae occurs on adjacent upland mound
habitats, occasionally interfering with Lomatium cookii germination and
growth, or stifling native plant growth in general. Reproduction of
both Lomatium cookii and L. f. spp. grandiflora is impaired by the
presence of introduced annual grasses, as seeds of both native species
are not able to germinate under the dense thatch produced by nonnative
annual grasses. Recently introduced nonnative invasive plants that are
particularly threatening to Lomatium cookii in the Illinois Valley are
Alyssum murale (yellowtuft) and A. corsicum (alisso di Corsica). These
two plants were recently introduced to serpentine meadow habitat as
part of an experiment to test their ability to accumulate nickel.
Unfortunately the plants have now begun to spread rapidly across wide
areas of serpentine meadow in particularly dense concentrations and
threaten to encroach upon and displace Lomatium cookii populations in
the Illinois Valley (ODA and USFS 2008, pp. 1-3).
Threats to Lomatium cookii in the Illinois Valley include aggregate
and mineral mining, residential and urban development, impacts
associated with timber harvesting practices, road construction and
maintenance, ground disturbance by ORV use that affects surface
hydrology, garbage dumping, succession of native woody vegetation due
to fire suppression, incompatible grazing practices, and herbivory by
gophers and voles; the effects of most of these threats are described
above. The dumping of garbage, especially such large items as old
appliances, can directly affect populations by crushing or smothering
them. Succession of native woody vegetation, although a natural
process, is normally held in check by fire. In the Illinois Valley, the
longer fire return intervals due to fire suppression has led to the
encroachment of native woody vegetation (trees and shrubs) into the wet
meadow habitats occupied by Lomatium cookii. Such native woody plants
include: Ceanothus cuneatus (buckbrush), Pinus ponderosa (Ponderosa
pine), Pinus jeffreyi (Jeffrey pine), Pseudotsuga menziesii (Douglas-
fir), and Toxicodendron diversiloba (poison oak). The succession of
these species in Lomatium cookii habitat can isolate the species into
small refuge pockets or cause widespread reduction of habitat
suitability by reducing light availability (over-shading), limiting
water and nutrient availability, fragmenting populations, and limiting
space to grow. Individuals of Lomatium cookii growing in more shaded
conditions, as when surrounded by shrubs, tend to be smaller and less
robust than plants growing in more open areas in association with lower
growing grasses and forbs (ONHIC 2008).
Several long-term monitoring efforts indicate that, at four
protected locations in the Rogue and Illinois River Valleys, Lomatium
cookii populations have experienced declines (D. Borgias, pers. comm.
2006; Kaye and Thorpe 2008, pp. 16-25). The causes are not specifically
known but appear to be due to encroachment and over-shading from the
succession of natural vegetation or increases in gopher and vole
activity. At two of the declining Lomatium cookii populations, located
at the French Flat Area of Critical Environmental Concern (ACEC), the
Medford District of the Bureau of Land Management (BLM) is currently
planning to arrest this decline by reducing shrub and tree encroachment
(S. Fritts, pers. comm. 2009). At two Lomatium cookii populations
located on The Nature Conservancy's Agate Desert Preserve and Whetstone
Savanna Preserve, planting of native bunchgrass, mowing, and grazing
are being considered to address declining plant numbers (D. Borgias,
pers. comm. 2009).

Previous Federal Actions

For more information on Federal actions concerning Limnanthes
floccosa ssp. grandiflora and Lomatium cookii prior to their listing,
please refer to the final listing rule for the two plants published in
the Federal Register on November 7, 2002 (67 FR 68004). At the time of
listing, critical habitat was not designated for the two species due to
higher priorities at that time.
On December 19, 2007, the Center for Biological Diversity filed a
complaint against the Service (Center for Biological Diversity v.
Kempthorne, et al., 07-CV-2378 IEG, (S.D. CA)) for failure to designate
critical habitat for four plant species, including Limnanthes floccosa
ssp. grandiflora and Lomatium cookii (the other two species occur in
different regions). In a settlement agreement reached on April 11,
2008, we agreed to complete a critical habitat determination for L. f.
ssp. grandiflora and Lomatium cookii in a single rulemaking because
they share similar habitats. We agreed to submit a proposed critical
habitat rule for both L. f. ssp. grandiflora and Lomatium cookii to the
Federal Register by July 15, 2009, and a final rule by July 15, 2010.
In 2003, critical habitat was designated for the threatened vernal
pool fairy shrimp (Branchinecta lynchi) in California and the Rogue
River Valley of Oregon (68 FR 46683; August 6, 2003). The designated
vernal pool fairy shrimp critical habitat in Oregon overlaps with
approximately 2,101 ha (5,192 ac) of suitable habitat for Limnanthes
floccosa ssp. grandiflora and 799 ha (1,974 ac) of suitable habitat for
Lomatium cookii (68 FR 46683). The vernal pool fairy shrimp critical
habitat designation resulted in additional regulatory review for
habitats occupied by both L. f. ssp. grandiflora and Lomatium cookii in
most of Jackson County due to the similarity and location of the vernal
pool-mounded prairie habitat shared by these species. In this proposed
rule, we will note where designated critical habitat for the

[[Page 37318]]

vernal pool fairy shrimp overlaps with that proposed for L. f. ssp.
grandiflora and Lomatium cookii.

Prudency Determination

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, we designate critical habitat at the time the species
is determined to be endangered or threatened. Our regulations (50 CFR
424.12(a)) further 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.
There is no documentation that Limnanthes floccosa ssp. grandiflora
or Lomatium cookii are threatened by taking or targeted human
activities such as collection. Since the publication of the Draft
Recovery Plan for Listed Species of the Rogue Valley Vernal Pool and
Illinois Valley Wet Meadow Ecosystems (draft recovery plan) (USFWS
2006, pp. IV-13-IV-14) in 2006, maps identifying core recovery areas
for L. f. ssp. grandiflora and Lomatium cookii have been available to
the public. The core recovery areas included focal areas where we
anticipated conservation and protection could result in recovery of the
two species. Most landowners and collectors have been aware of the
location of general L. f. ssp. grandiflora and Lomatium cookii
occurrence locations since publication of the draft recovery plan in
2006. We do not have any documentation that threats have increased
since these species were listed and since the draft recovery plan was
published.
In the absence of evidence that the designation of critical habitat
would increase threats to a species, if there are any benefits to a
critical habitat designation, then a prudent finding is warranted. The
potential benefits of a critical habitat designation include: (1)
Federal agency compliance with the consultation requirements to avoid
destruction or adverse modification of critical habitat; (2) focusing
conservation activities on the most essential features and areas; (3)
providing educational benefits to State or county governments or
private entities; and (4) preventing people from causing inadvertent
harm to the species. The primary regulatory effect of critical habitat
is the requirement under section 7(a)(2) of the Act that Federal
agencies refrain from taking any action that destroys or adversely
affects critical habitat. The proposed critical habitat for Limnanthes
floccosa ssp. grandiflora and Lomatium cookii is composed of lands
under Federal, State, county, municipal, and private ownership. Some of
the lands designated as critical habitat may be subject to Federal
actions that trigger the section 7 consultation requirement, such as
the granting of Federal monies for conservation projects or the need
for Federal permits for projects (for example, the filling of wetlands
subject to section 404 of the Clean Water Act (33 U.S.C. 1344, et
seq.)). There may also be some educational or informational benefits to
the designation of critical habitat. Educational benefits include the
notification of landowners, land managers, and the general public of
the importance of protecting the habitat of these species. In the case
of L. f. ssp. grandiflora and Lomatium cookii, these aspects of
critical habitat designation would potentially benefit the conservation
of these species.
Although these species are limited in their ecological and
geographical ranges, we have no information indicating that a critical
habitat designation would not be prudent due to the threat of
overcollection or vandalism. Therefore, since we have determined that
the designation of critical habitat will not likely increase the degree
of threat to these species and may provide some measure of benefit, we
find that designation of critical habitat is prudent for Limnanthes
floccosa ssp. grandiflora and Lomatium cookii: thus, we are proposing
to designate critical habitat in accordance with section 4(b)(2) of the
Act.

Critical Habitat

Critical habitat is defined in section 3 of the Act as:
1. 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
(a) Essential to the conservation of the species, and
(b) Which may require special management considerations or
protection; and
2. Specific areas outside the geographical 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, as defined under section 3 of the Act, means to use
and the use of all methods and procedures that are necessary to bring
any endangered species or threatened species to the point at which the
measures provided pursuant to the Act are no longer necessary.
Critical habitat receives protection under section 7 of the Act
through the prohibition against destruction or adverse modification of
critical habitat with regard to discretionary actions carried out,
funded, or authorized by a Federal agency. Section 7 requires
consultation on discretionary Federal actions that may affect critical
habitat. The designation of critical habitat does not affect land
ownership or establish a refuge, wilderness, reserve, preserve, or
other conservation area. Such designation does not allow government or
public access to private lands.
To be included in a critical habitat designation, the habitat
within the geographic area occupied by the species at the time it was
listed must first have the physical and biological features that are
essential to the conservation of the species. Critical habitat
designations identify, to the extent known using the best scientific
data available, habitat areas that provide essential life-cycle needs
of the species (i.e., areas on which are found the primary constituent
elements, as defined at 50 CFR 424.12(b)). Occupied habitat that
contains features essential to the conservation of the species meets
the definition of critical habitat only if those features may require
special management considerations or protection. Under the Act, we can
designate areas that were unoccupied at the time of listing only when
we determine that the best available scientific data demonstrate that
the designation of the area is essential to the conservation of the
species. When the best available scientific data do not demonstrate
that the conservation needs of the species require such additional
areas, we will not designate critical habitat in areas outside the
geographical area occupied by the species at the time of listing. An
area currently occupied by the species but not occupied at the time of
listing may, however, be determined to be essential to the conservation
of the species and may be included in the critical habitat designation.
Section 4 of the Act requires that we designate critical habitat on
the basis of the best scientific and commercial data available.
Further, our ``Policy on Information Standards Under the Endangered
Species Act,'' published in the Federal Register on July 1, 1994 (59 FR
34271), and Section 515 of the Treasury and General Government
Appropriations Act for Fiscal Year 2001 (P.L. 106-554; H.R. 5658) and
the

[[Page 37319]]

associated Information Quality Guidelines issued by the Service,
provide criteria, establish procedures, and provide guidance to ensure
that decisions made by the Service make use of the best scientific and
commercial data available.
When we are determining which areas should be proposed as critical
habitat, a primary source of information is generally the information
developed during the listing process for the species. Additional
information sources may include the recovery plan for the species,
articles in peer-reviewed journals, conservation plans developed by
States and counties, scientific status surveys and studies, biological
assessments, or other unpublished materials and expert opinion or
personal knowledge.
We recognize that designation of critical habitat may not include
all of the habitat areas that may eventually be determined to be
necessary for the recovery of the species, based on the scientific data
currently before the Service, as new information may become available
that indicates otherwise. In addition, habitat is often dynamic, and
species may shift from one area to another over time. For these
reasons, a critical habitat designation should not be interpreted as
meaning that habitat outside the designation is unimportant or may not
be required for the recovery of the species in question.
Areas that support populations, but are outside the critical
habitat designation, will continue to be subject to conservation
actions implemented under section 7(a)(1) of the Act and to the
regulatory protections afforded by the section 7(a)(2) jeopardy
prohibition, as determined on the basis of the best available
information at the time of the action. Federally funded or permitted
projects affecting listed species outside their designated critical
habitat areas may still result in jeopardy findings under certain
circumstances.

Methods

As required by section 4(b)(2)of the Act, we used the best
scientific data available in determining areas occupied at the time of
listing that contain the features essential to the conservation of
Limnanthes floccosa ssp. grandiflora and Lomatium cookii, considered
individually. We also determined whether those features may require
special management considerations or protection. We reviewed available
information that pertains to the habitat requirements of these species;
these sources of information included, but were not limited to, the
proposed (65 FR 30941; May 15, 2000) and final (67 FR 68004; November
7, 2002) rules to list these species; the draft recovery plan (USFWS
2006); data contained in reports prepared for or by the U.S. Bureau of
Land Management (BLM) (1999 through 2008), the Oregon Department of
Agriculture's (ODA) Native Plant Conservation Program (2007-2008), and
The Nature Conservancy (TNC) (1998 through 2008); discussions with
species experts including ODA, BLM, ONHIC, and TNC staff; data and
information presented in academic research theses; data provided by
ONHIC; Oregon State University herbarium records; and data submitted
during section 7 consultations. Additionally, we utilized regional
Geographic Information System (GIS) shape files for area calculations
and mapping, such as United States Department of Agriculture (USDA)
National Agriculture Imagery Program aerial imagery, USDA soil maps,
and United States Geological Survey (USGS) contour maps (USDA 2006a,
2006b, 2008; USGS 2002, 2009). We are not currently proposing as
critical habitat any areas outside the geographical area presently
occupied by either L. f. ssp. grandiflora or Lomatium cookii, because
the draft recovery plan indicates that recovery can be attained within
the present range of each species (USFWS 2006). Our regulations
stipulate that critical habitat shall be designated outside the areas
presently occupied by a species only when a designation limited to its
present range would be inadequate to ensure the conservation of the
species (50 CFR 424.12(e)).

Primary Constituent Elements

In accordance with section 3(5)(A)(i) of the Act and regulations at
50 CFR 424.12(b), in determining which areas occupied at the time of
listing to propose as critical habitat, we consider the physical and
biological features essential to the conservation of the species and
whether those features may require special management considerations or
protection. These features may include, but are not limited to, the
following:
(1) Space for individual and population growth, and for normal
behavior;
(2) Food, water, air, light, minerals, or other nutritional or
physiological requirements;
(3) Cover or shelter;
(4) Sites for breeding, reproduction, rearing (or development) of
offspring, germination, or seed dispersal; and generally
(5) Habitats that are protected from disturbance or are
representative of the historical geographical and ecological
distributions of a species.
The appropriate quantity and spatial arrangement of the principal
biological or physical features within the defined area essential to
the conservation of the species comprise the ``primary constituent
elements'' (PCEs) of critical habitat. As defined by our implementing
regulations at 50 CFR 424.12(b)), these primary constituent elements
may include, but are not limited to, features such as roost sites,
nesting grounds, spawning sites, feeding sites, seasonal wetlands or
drylands, water quality and quantity, host species or plant
pollinators, geological formations, vegetation types, tides, and
specific soil types.
The specific PCEs required for Limnanthes floccosa ssp. grandiflora
and Lomatium cookii are derived from the biological needs of the
species as described in the Background section of this proposed rule
and the information presented below.

Space for Individual and Population Growth, Germination, and Seed
Dispersal

Limnanthes floccosa ssp. grandiflora and Lomatium cookii both occur
on vernal pool-mounded prairie and other ephemeral wetland habitats
underlain by relatively undisturbed subsoils subject to periodic
inundation (Borgias 2004, pp. 17-20; ONHDB 1994, pp. 9-10). In the
Agate Desert, both species occur in low-gradient mounded habitat that
supports a mosaic of low-growing native grasses and forbs and an
absence of dense canopy vegetation. The pools typically fill during the
winter rains and retain a wetted perimeter until late April. In years
with higher than average winter rainfall, more depressions fill, and
individual pools that are separate in dry years may merge together
(Borgias 2004, p. 32). The dominant native grasses and forbs associated
with vernal pool-mounded prairie habitat occupied by L. f. ssp.
grandiflora and Lomatium cookii include: Alopecurus geniculatus,
Deschampsia danthonioides, Eryngium petiolatum, Lasthenia californica,
Myosurus minimus, Navarretia leucocephala ssp. leucocephala, Phlox
gracilis, Plagiobothrys bracteatus, Trifolium depauperatum, and
Triteleia hyacinthina. In the Agate Desert, vernal pool-mounded prairie
habitats occupied by Lomatium cookii, range from 372 to 411 m (1,220 to
1,350 ft) in elevation. In the same habitat, L. f. ssp. grandiflora
occurrences range from 372 to 469 m (1,220 to 1,540 ft) in elevation
(USGS 2002).
In the Illinois River Valley, Lomatium cookii occurs primarily in
alluvial

[[Page 37320]]

meadows underlain by relatively undisturbed ultramafic soils subject to
winter inundation from rainfall, seasonal flooding, and overland
drainage (ONHDB 1994, pp. 9-10). These seasonally wet meadows,
occurring within Quercus garryana-Quercus kelloggii-Pinus ponderosa
forest openings, are dominated by native grasses and forbs including:
Achnatherum lemmonii, Camassia spp., Danthonia californica, Deschampsia
cespitosa, Festuca roemeri, Poa secunda, Ranunculus occidentalis, and
Limnanthes gracilis var. gracilis (ONHDB 1994, p. 9). Widely spaced,
large pine trees are characteristic of the open meadow habitat with
some mixed pine and oak woodlands occurring along seasonal creeks. In
the Illinois River Valley area, Lomatium cookii ranges from 383 to 488
m (1,256 to 1,600 ft) in elevation (USGS 2009).
These specific habitats and hydrological regimes provide the
conditions essential for the growth and survival of Limnanthes floccosa
ssp. grandiflora and Lomatium cookii and for the successful production,
germination, and dispersal of seeds.
Slope
In the Agate Desert, Limnanthes floccosa ssp. grandiflora and
Lomatium cookii occur almost exclusively on low-gradient and flat
terrains, not typically exceeding 3 percent slope (USDA 2006b). In the
Agate Desert, L. f. ssp. grandiflora and Lomatium cookii occur
predominately in Agate-Winlo complex soils mapped at 0 to 3 percent
slope.
Most Illinois River Valley Lomatium cookii occurrences are found on
a variety of soils that range from 0 to 8 percent slope (ONHIC 2008;
USDA 2008). However, a few of the Lomatium cookii sites in the Illinois
River Valley are on terrains with soils mapped up to 30 percent slope
(ONHIC 2008).

Water and Nutritional or Physiological Requirements

Vernal pools typically become inundated or saturated during winter
rains and hold water for sufficient lengths of time for Limnanthes
floccosa ssp. grandiflora and Lomatium cookii to germinate, grow, and
reproduce. Periodically, this geographic area may experience drought,
and rainfall may be insufficient to fill pools. The composition of the
plant community can vary from year to year depending on the timing and
amount of annual rainfall and the type of land management on the site
(Borgias 2004, p. 16). The vernal pools and wet meadow soils where the
two plants occur are dry during the summer but become saturated with
water nearly every year. The water regime is important for the
sustenance of the two plants and for their ability to germinate,
persist, and grow in wet conditions during the winter months.
Vernal pool habitats, ephemeral swales, seasonally wet meadows, and
streamside habitats occupied by Limnanthes floccosa ssp. grandiflora
and Lomatium cookii in the Rogue River and Illinois River valleys can
be characterized as seasonal wetlands. The habitats are dominated by
mostly obligate or facultative wetland vegetation. The Lomatium cookii
occurrences at Rough and Ready Creek, the Rogue Valley International-
Medford Airport, and a potentially introduced population at Woodcock
Creek are clearly not wetlands but appear to have high clay content in
the soil (Kagan 1994, p. 10; Silvernail and Meinke 2008, p. 31). The
meadows at these sites may have enough of a clay component so that they
would be seasonally wet (ONHDB 1994, p. 10).
The moisture and other nutritional or physiological requirements
afforded by these sites provide the essential requirements for the
growth, germination, reproduction, and successful seed dispersal of
Limnanthes floccosa ssp. grandiflora and Lomatium cookii.
Soil
For Lomatium cookii, which occurs in both the Agate Desert and the
Illinois River Valley, the habitat soil types between the two plant
population centers are vastly different in a variety of chemical and
physical characteristics. In particular, the soil types in the Agate
Desert typically occupied by both Limnanthes floccosa ssp. grandiflora
and Lomatium cookii are Agate-Winlo or Provig-Agate soils. Soils in the
Illinois River Valley occupied by Lomatium cookii may be Abegg gravelly
loam, Brockman clay loam, Copsey clay, Cornutt-Dubakel complex, Dumps,
Eightlar extremely stony clay, Evans loam, Foehlin gravelly loam,
Josephine gravelly loam, Kerby loam, Newberg fine sandy loam, Pearsoll-
Rock outcrop complex, Pollard loam, Riverwash, Speaker-Josephine
gravelly loam, Takilma cobbly loam, or Takilma Variant extremely cobbly
loam. The majority of Lomatium cookii occurrences in the Illinois River
Valley are found on Brockman clay loam, Josephine gravelly loam and
Pollard loam (USDA 2008). In a soil analysis conduced by Silvernail and
Meinke (2008, p. 30), samples from ultramafic Lomatium cookii habitat
in the Illinois River Valley had higher concentrations of magnesium,
nickel, chromium, cobalt, zinc, and copper and higher percent magnesium
saturation. Soils from Lomatium cookii habitat in the Rogue River
Valley had higher concentrations of calcium, nitrogen, phosphorus,
potassium, manganese, iron, and boron. Soils from the two population
centers had similar pH, cation exchange capacity, and percent sand,
silt, or clay content (Silvernail and Meinke 2008, p. 30).

Habitats Protected from Disturbance

Development
Disturbance in the form of development is a major factor in the
loss or degradation of habitat for Limnanthes floccosa ssp. grandiflora
and Lomatium cookii. Residential or commercial development can directly
eliminate or fragment essential habitat for both of the two species,
causing declines in distribution and numbers. Agricultural development,
such as ripping (a form of deep tilling that potentially undermines the
hardpan layer of the soil), water diversion, and water impoundment can
also eliminate habitat for the two plant species. Development can
indirectly cause increases in nonnative plants in the habitat, in turn
decreasing pollinators, habitat for pollinator species, and seed
production of many native vernal pool plants (Thorp and Leong 1998, pp.
169-179). L. f. ssp. grandiflora and Lomatium cookii face immediate
threats from urban and commercial development in the rapidly expanding
Medford and White City metropolitan areas in the Rogue River Valley.
Protected habitat is therefore of crucial importance for the growth and
dispersal of these two species.
Based on aerial imagery, habitat areas that appear to provide
sufficient buffer protection and continuous non-fragmented Limnanthes
floccosa ssp. grandiflora habitat were typically greater than 8 ha (20
ac). Habitat areas of this size provide protection from adjacent
development and weed sources and contained intact hydrology (USDA
2006a). This is the size of the smallest vernal pool-mounded prairie
area that is known to support L. f. ssp. grandiflora (ONHIC 2008).
Based on aerial imagery and ONHIC information, habitat areas that
appeared to provide a sufficient buffer protection and continuous non-
fragmented Lomatium cookii habitat covered at least 12 ha (30 ac).
Habitat areas of this minimum size provide protection from adjacent
development and weed sources and contained intact hydrology. The 12-ha
(30-ac) habitat area is equivalent to the smallest wet meadow area in
the Illinois River Valley

[[Page 37321]]

that supports Lomatium cookii (USDA 2006a, ONHIC 2008).
Invasive Nonnative Plants
Invasive nonnative species may outcompete Limnanthes floccosa ssp.
grandiflora and Lomatium cookii for open, bare ground and reduce space
available for the listed plants' growth (Borgias 2004, p. 45);
therefore, the listed plants require microhabitats free of exotic or
native invasive competitors. In the Agate Desert, invasive nonnative
plants that compete with the two listed species include: Centaurea
solstitialis, Cardaria draba, Hordeum marinum ssp. gussoneanum, and
Taeniantherum caput-medusae (medusahead).
In the Illinois Valley, common introduced grasses in the grazed
pastures in and around Lomatium cookii habitat include: Festuca
arundinacea (tall fescue), Dactylis glomerata (orchard grass), and Poa
pratensis (Kentucky bluegrass). In addition, the recently introduced
nonnative invasive species Alyssum murale and A. corsicum threaten
Lomatium cookii in this area.

Primary Constituent Elements for Limnanthes floccosa ssp. grandiflora
and Lomatium cookii

Under our regulations, we are required to identify the known
physical and biological features or PCEs essential to the conservation
of Limnanthes floccosa ssp. grandiflora and Lomatium cookii, which may
require special management considerations or protection. All areas
proposed as critical habitat for L. f. ssp. grandiflora and Lomatium
cookii were occupied at the time of listing, are within the species'
historical geographic range, and provide sufficient PCEs to support at
least one life-history function.
Based on our current knowledge of the life history, biology, and
ecology of the species and the characteristics of the habitat necessary
to sustain the essential life history functions of the species, we have
determined that the PCEs for Limnanthes floccosa ssp. grandiflora
critical habitat are:
(1) Vernal pools or ephemeral wetlands and the adjacent upland
margins of these depressions that hold water for a sufficient length of
time to sustain Limnanthes floccosa ssp. grandiflora germination,
growth, and reproduction, occurring in the Agate Desert vernal pool
landscape (ONHP 1997, p. 3). These vernal pools or ephemeral wetlands
are seasonally inundated during wet years but do not necessarily fill
with water every year due to natural variability in rainfall, and
support native plant populations. Areas of sufficient size and quality
are likely to have the following characteristics:
Elevations from 372 to 469 m (1,220 to 1,540 ft);
Associated dominant native plants including, not limited
to: Alopecurus geniculatus, Deschampsia danthonioides, Eryngium
petiolatum, Lasthenia californica, Myosurus minimus, Navarretia
leucocephala ssp. leucocephala, Phlox gracilis, Plagiobothrys
bracteatus, Trifolium depauperatum, and Triteleia hyacinthina.
A minimum area of 8 ha (20 ac) to provide intact hydrology
and protection from development and weed sources.
(2) The hydrologically and ecologically functional system of
interconnected pools, ephemeral wetlands, or depressions within a
matrix of surrounding uplands that together form vernal pool complexes
within the greater watershed. The associated features may include the
pool basin or depressions; an intact hardpan subsoil underlying the
surface soils up to 0.75 m (2.5 ft) in depth; and surrounding uplands,
including mound topography and other geographic and edaphic features,
that support these systems of hydrologically interconnected pools and
other ephemeral wetlands (which may vary in extent depending on site-
specific characteristics of pool size and depth, soil type, and hardpan
depth).
(3) Silt, loam, and clay soils that are of alluvial origin, with a
0 to 3 percent slope, primarily classified as Agate-Winlo complex
soils, but also including Coker clay, Carney clay, Provig-Agate complex
soils, and Winlo very gravelly loam soils.
(4) No or negligible presence of competitive nonnative invasive
plant species. Negligible is defined for the purpose of this rulemaking
as a minimal level of nonnative plant species that will still allow
Limnanthes floccosa ssp. grandiflora to continue to survive and
recover.
The need for space for individual and population growth,
germination, seed dispersal, and reproduction is provided by PCEs 1 and
4; the need for soil moisture for growth, germination, reproduction,
and seed dispersal is provided by PCE 2 (but not necessarily every
year); the need for other nutritional or physiological requirements for
the species is met by PCE 3; habitat free from disturbance that allows
for sufficient reproduction and survival opportunities is provided by
PCEs 1 and 4. All of the above described PCEs do not have to occur
simultaneously within a unit for the unit to constitute critical
habitat for Limnanthes floccosa ssp. grandiflora.
Based on our current knowledge of the life history, biology, and
ecology of Lomatium cookii and the characteristics of the habitat
necessary to sustain the essential life history functions of the
species, we have determined that the PCEs for the species' critical
habitat are:
(1) (A) In the Agate Desert, vernal pools and ephemeral wetlands
and the adjacent upland margins of these depressions that hold water
for a sufficient length of time to sustain Lomatium cookii germination,
growth, and reproduction. These vernal pools or ephemeral wetlands
support native plant populations and are seasonally inundated during
wet years but do not necessarily fill with water every year due to
natural variability in rainfall. Areas of sufficient size and quality
are likely to have the following characteristics:
Elevations from 372 to 411 m (1,220 to 1,350 ft);
Associated dominant native plants including, not limited
to: Alopecurus geniculatus, Deschampsia danthonioides, Eryngium
petiolatum, Lasthenia californica, Myosurus minimus, Navarretia
leucocephala ssp. leucocephala, Phlox gracilis, Plagiobothrys
bracteatus, Trifolium depauperatum, and Triteleia hyacinthina; and
A minimum area of 8 ha (20 ac) to provide intact hydrology
and protection from development and weed sources.
(1) (B) In the Illinois River Valley, wet meadows in oak and pine
forests that are seasonally inundated and support native plant
populations. Areas of sufficient size and quality are likely to have
the following characteristics:
Elevations from 383 to 488 m (1,256 to 1,600 ft);
Associated dominant native plants including, not limited
to Achnatherum lemmonii, Camassia spp., Danthonia californica,
Deschampsia cespitosa, Festuca roemeri, Poa secunda, Ranunculus
occidentalis, and Limnanthes gracilis var. gracilis;
Occur primarily in bottomland Quercus garryana-Quercus
kelloggii-Pinus ponderosa (Oregon white oak-California black oak-
ponderosa pine) forest openings along seasonal creeks; and
A minimum area of 12 ha (30 ac) to provide intact
hydrology and protection from development and weed sources.
(2) (A) In the Agate Desert, the hydrologically and ecologically
functional system of interconnected pools or ephemeral wetlands or
depressions within a matrix of surrounding uplands that together form

[[Page 37322]]

vernal pool complexes within the greater watershed. The associated
features may include the pool basin and ephemeral wetlands; an intact
hardpan subsoil underlying the surface soils up to 0.75 m (2.5 ft) in
depth; and surrounding uplands, including mound topography and other
geographic and edaphic features that support systems of hydrologically
interconnected pools and other ephemeral wetlands (which may vary in
extent depending on site-specific characteristics of pool size and
depth, soil type, and hardpan depth).
(2) (B) In the Illinois Valley, the hydrologically and ecologically
functional system of streams, slopes and wooded systems that surround
and maintain seasonally wet alluvial meadows underlain by relatively
undisturbed ultramafic soils within the greater watershed.
(3) (A) In the Agate Desert, silt, loam, and clay soils that are of
ultramafic and nonultramafic alluvial origin, with a 0 to 3 percent
slope, classified as Agate-Winlo or Provig-Agate soils.
(3) (B) In the Illinois Valley, silt, loam, and clay soils that are
of ultramafic and nonultramafic alluvial origin, with a 0 to 30 percent
slope, classified as Abegg gravelly loam, Brockman clay loam, Copsey
clay, Cornutt-Dubakel complex, Dumps, Eightlar extremely stony clay,
Evans loam, Foehlin gravelly loam, Josephine gravelly loam, Kerby loam,
Newberg fine sandy loam, Pearsoll-Rock outcrop complex, Pollard loam,
Riverwash, Speaker-Josephine gravelly loam, Takilma cobbly loam, or
Takilma Variant extremely cobbly loam.
(4) No or negligible presence of competitive nonnative invasive
plant species. Negligible is defined for the purpose of this rulemaking
as a minimal level of nonnative plant species that will still allow
Lomatium cookii to continue to survive and recover.
The need for space for individual and population growth,
germination, seed dispersal, and reproduction is provided by PCEs 1 and
4; the need for soil moisture for growth, germination, reproduction,
and seed dispersal is provided by PCE 2 (but not necessarily every
year); the need for other nutritional or physiological requirements for
the species is met by PCE 3; habitat free from disturbance that allows
for sufficient reproduction and survival opportunities is provided by
PCEs 1 and 4. All of the above described PCEs do not have to occur
simultaneously within a unit for the unit to constitute critical
habitat for Lomatium cookii.
This proposed designation includes the PCEs in the appropriate
quantity and spatial arrangement necessary to support the life history
functions of Limnanthes floccosa ssp. grandiflora and Lomatium cookii
and are essential to the conservation of these species. Each of the
areas proposed in this rule has been determined to contain sufficient
PCEs to provide for one or more of the life history functions of L. f.
ssp. grandiflora and Lomatium cookii. All of the above described PCEs
do not have to occur simultaneously within a unit for the unit to
constitute critical habitat.

Criteria Used To Identify Critical Habitat Boundaries

As required by section 4(b)(1)(A) of the Act, we used the best
scientific data available in determining areas that contain the
features that are essential to the conservation of Limnanthes floccosa
ssp. grandiflora and Lomatium cookii. The steps we used in identifying
critical habitat are as follows:
(1) Our initial step was to determine, in accordance with section
3(5)(A)(i) of the Act and regulations in 50 CFR 424.12, the physical
and biological habitat features (the, PCEs) essential to the
conservation of the species as explained in the previous section.
(2) We identified areas occupied by Limnanthes floccosa ssp.
grandiflora and Lomatium cookii at the time of listing. Occupancy
status was determined using occurrence data from the ONHIC database
(ONHIC 2008), Medford BLM records (BLM 2005), a recent L. f. ssp.
grandiflora status report (Meyers 2008, pp. 1-65), Service staff
reports, data in reports submitted during section 7 consultations and
by biologists holding section 10(a)(1)(A) recovery permits, research
published in peer-reviewed articles, research presented in academic
theses and agency reports, regional GIS coverages, and the OSU
herbarium record database (OSU 2007). We determined occupancy at the
time of listing by comparing survey and collection information and
descriptions of occupied areas in the final listing rule published in
the Federal Register on November 7, 2002 (67 FR 68004). At the time of
the 2002 listing, 15 occurrences (sites) were known for L. f. ssp.
grandiflora and 36 occurrences (sites) were known for Lomatium cookii
(67 FR 68004).
Since the final listing rule was published, we have become aware of
additional areas that we have determined were occupied at the time of
listing. Two such areas were known at the time of listing, but at that
time the species were thought to have been extirpated from those sites.
First identified in 1937, the two areas had no exact location
information (OSU 2007). Attempts were made to relocate the occurrences,
but these attempts were unsuccessful. However, in 2005, the two areas
were again found and each was occupied by a large number of Lomatium
cookii plants. In addition, one other site occupied by Lomatium cookii
was first identified in 2005, 3 years after the listing. Although we
were not aware of this occupied area at the time of listing, it
contained a large number of individual Lomatium cookii plants, relative
to other occupied locations.
We conclude that for all such areas observed within 3 years of
listing, it is highly unlikely that such large populations would have
only just become established subsequent to the listing of the species.
Based on long-term monitoring data, populations of such large size are
generally reflective of robust populations that have persisted over the
long term. Therefore, if a site was recorded within 3 years after the
listing of the species (between 2002 and 2005), and the population at
that site was so large that it must have been well-established and
occupied for many years, we considered that area to have been occupied
at the time of listing, because the evidence supports the site having
been occupied but simply not yet recorded at the time of listing, or we
had not been successful in relocating those sites that had been
documented earlier.
Although various new occurrences have been identified since the
time of listing in 2002, only three occurrences of Lomatium cookii
correspond to new areas identified between the time of listing in 2002
and the year 2005 that we consider to have been occupied at the time of
listing. Currently, we know of 22 documented occurrences of Limnanthes
floccosa ssp. grandiflora and 37 documented occurrences of Lomatium
cookii that correspond to a total of 25 areas we consider to have been
occupied at the time of listing. Note that multiple occurrences may
comprise a single occupied area; hence, there will be a greater number
of occurrences than of occupied areas.
(3) We then considered areas identified as priority 1 and 2
recovery core areas in the draft recovery plan for the two species
(USFWS 2006) to determine which areas contain the PCEs in the amount
and spatial configuration essential to the conservation of the species.
Most areas identified as priority 1 and 2 recovery areas in the draft
recovery plan were incorporated into the proposed designation. The one
exception is a site at the Medford Airport that was identified as a
recovery area for Limnanthes floccosa ssp.

[[Page 37323]]

grandiflora in the draft recovery plan, but that site did not meet the
size and quality criteria for critical habitat, as described below, and
thus was not included in the proposed designation.
(4) We removed any nonfunctional vernal pool-mounded prairie or
meadow habitat that was developed or degraded (not likely to contain
PCEs) to ensure proposed critical habitat contains features essential
to the conservation of each of the species (USDA 2006; ESA 2007, pp. 3-
2 to 3-11). We also did not consider any areas of vernal pool-mounded
prairie or meadows containing 10 or fewer reported individuals, as
populations of this size could by chance, become extirpated due to:
(i) random natural events,
(ii) year-to-year variability in climate patterns, and
(iii) accidental human-influenced causes.
Furthermore, populations with 10 individuals or fewer could harbor
detrimental genes caused by inbreeding depression. We considered
populations of such small size as not likely to occur in habitats that
provide the physical or biological features necessary to support
populations capable of persisting for the long term, thus such areas
would not be essential to the conservation of the two species.
(5) As a final step, we considered whether each of the areas
identified may need special management considerations or protections.
Our consideration of this factor is presented below.
Based on this analysis, we are proposing to designate 25 units as
critical habitat for the two species: 8 for Limnanthes floccosa ssp.
grandiflora and 17 for Lomatium cookii. Two of the 25 units are shared
by both species. After applying the above criteria, we mapped the
critical habitat unit boundaries at each of these 25 areas. We created
maps using aerial imagery, 7.5 minute topographic maps, and GIS contour
data. We used publicly available satellite imagery, for example, from
the National Agriculture Imagery Program (USDA 2006) to assist in
identifying areas that would provide the essential physical and
biological features for the species, using digital habitat signatures.
In addition, based on aerial imagery, we made every effort to avoid
including such developed areas as buildings, paved areas, and other
structures that lack the PCEs for Limnanthes floccosa ssp. grandiflora
and Lomatium cookii within the mapped boundaries of the proposed
critical habitat. We combined the polygon data with information from
aerial photos to determine the proposed critical habitat unit
boundaries of each site. The scale of the maps prepared under the
parameters for publication within the Code of Federal Regulations may
not reflect the exclusion of such developed areas. Any such structures
and the land under them inadvertently left inside critical habitat
boundaries shown on the maps of this proposed rule have been excluded
by text in the proposed rule and are not proposed for designation as
critical habitat. Therefore, Federal actions limited to these areas
would not trigger section 7 consultation, unless they affect the
species, or primary constituent elements, or both, in adjacent critical
habitat.

Special Management Considerations or Protections

The term critical habitat is defined in section 3(5)(A) of the Act,
in part, as geographic areas on which are found those physical or
biological features essential to the conservation of the species and
``which may require special management considerations or protection.''
Accordingly, in identifying critical habitat in occupied areas, we
assess whether the PCEs within the areas determined to be occupied at
the time of listing may require any special management considerations
or protection. All areas being proposed as critical habitat require
some level of management to address current and future threats to
Limnanthes floccosa ssp. grandiflora and Lomatium cookii, to maintain
or enhance the physical and biological features essential to their
conservation, and to ensure the recovery and survival of these species.
The major threats to the PCEs in the areas identified as proposed
critical habitat for Limnanthes floccosa ssp. grandiflora and Lomatium
cookii include: development on private lands; incompatible agricultural
and grazing practices; ground disturbance that affects surface
hydrology, including ORV use and road construction or maintenance
activities; mining activities; garbage dumping; the succession of
meadow habitat to forested habitat due to fire suppression; and
encroachment and displacement by nonnative plants. Herbivory by voles
and gophers may also affect these species. In all of the proposed units
in Jackson County, special management is needed to reduce or eradicate
the threats posed by development, habitat fragmentation, ground
disturbance that affects surface hydrology, and incompatible grazing
practices. In all of the proposed units in Josephine County, special
management is needed to reduce or eradicate the threats posed by
development, ORV, mining activities, garbage dumping, and woody
vegetative succession. Please refer to the unit descriptions in the
Proposed Critical Habitat Designation section for further discussion of
special management considerations or protection of the PCEs related to
geographically specific threats to L. f. ssp. grandiflora and Lomatium
cookii.
In addition, for all units, special management is needed to control
and monitor the encroachment of nonnative, invasive plant species to
maintain intact vernal pool-mounded prairies and wet meadow ecosystems
such that they can continue to support populations of Limnanthes
floccosa ssp. grandiflora and Lomatium cookii.
Special management considerations or protection of the vernal pool-
mounded prairies and wet meadow habitats that may be needed to support
reproduction and growth of Limnanthes floccosa ssp. grandiflora and
Lomatium cookii include: controlled burning and vegetation clearing to
maintain early seral stages; nonnative invasive plant species control;
grazing management; the re-establishment of hydrology; re-seeding with
native plants; monitoring; and protection from development (Borgias
2004, pp. 47-53; ONHDB 1994, pp. 13-20).

Proposed Critical Habitat Designation

The areas we are proposing as critical habitat currently provide
the habitat components necessary to meet the primary biological needs
of Limnanthes floccosa ssp. grandiflora and Lomatium cookii, as defined
by the PCEs. The areas proposed for designation are those areas that we
have determined are most likely to substantially contribute to
conservation of L. f. ssp. grandiflora and Lomatium cookii and to
contribute to the long-term survival and recovery of the species.
We have determined that 25 units totaling approximately 4,467 ha
(11,038 ac) meet our definition of critical habitat for Limnanthes
floccosa ssp. grandiflora and Lomatium cookii, including land under
Federal, State, county, municipal, and private ownership. We are
proposing 8 units of critical habitat for L. f. ssp. grandiflora and 17
units for Lomatium cookii; two of these units, White City and Whetstone
Creek in Jackson County, contain habitat for both species (see Tables
1, 2, 3, and unit descriptions below). The critical habitat areas
described below constitute our best current assessment of areas that
meet the definition of critical habitat for L. f. ssp. grandiflora and
Lomatium cookii. We have determined that all

[[Page 37324]]

areas proposed as critical habitat for L. f. ssp. grandiflora and
Lomatium cookii were occupied at the time of listing and most are, we
believe, currently occupied as well (recent survey information was not
available for all sites).
The areas proposed as critical habitat for Limnanthes floccosa ssp.
grandiflora are: (1) Unit RV1--Shady Cove; (2) Unit RV2--Hammel Road;
(3) Unit RV3A, B, C, and D--North Eagle Point; (4) Unit RV4--Rogue
Plains; (5) Unit RV5--Table Rock Terrace; (6) Unit RV6A, B, C, D, E, F,
G, and H--White City; (7) Unit RV7-- Agate Lake; and (8) Unit RV8--
Whetstone Creek. Units coded with ``RV'' are in the Rogue Valley (Agate
Desert), Jackson County.
The areas proposed as critical habitat for Lomatium cookii are: (1)
Unit RV6A, F, G, and H--White City; (2) Unit RV8--Whetstone Creek; (3)
Unit RV9A and B--Medford Airport; (4) Unit IV1--Anderson Creek; (5)
Unit IV2--Draper Creek; (6) Unit IV3--Reeves Creek North; (7) Unit
IV4--Reeves Creek East; (8); Unit IV5--Reeves Creek South; (9); Unit
IV6A and B--Laurel Road; (10) Unit IV7--Illinois River Forks State
Park; (11) Unit IV8--Woodcock Mountain; (12) Unit IV9--Riverwash; (13)
Unit IV10--French Flat North; (14) Unit IV11--Rough and Ready Creek;
(15) Unit IV12--French Flat Middle; (16) Unit IV13--Indian Hill; and
(17) Unit IV14--Waldo. Units coded with ``IV'' are in the Illinois
River Valley, Josephine County.
The approximate area and land ownership of each proposed critical
habitat unit is shown in Tables 1, 2, and 3. Portions of units or
entire units roughly correspond to the recovery core areas for each
species as identified in the 2006 draft recovery plan (USFWS 2006). The
recovery core areas were selected based on occurrence records and
habitat identified through ground surveys, aerial imagery, topography
features, and soil layers. As described above, we assessed all areas
proposed as critical habitat to ensure that they provide the requisite
PCEs for the species as defined in this proposed rule.
We conducted a regional review across the range of Limnanthes
floccosa ssp. grandiflora and Lomatium cookii to evaluate and select
vernal pool-mounded prairie and seasonally wet meadow habitats that
provide the physical and biological features essential to the
conservation of the species and that may require special management
considerations or protection. Important factors we considered were the
known presence of L. f. ssp. grandiflora and Lomatium cookii
(populations greater than 10 individuals) and the presence of intact
vernal pools, vernal pool complexes, open meadows, and meadow complexes
supporting the hydrological characteristics necessary to provide the
PCEs essential to the conservation of the two species. We identified
vernal pool-mounded prairie and wet meadow complexes throughout the
range of these species, which support high numbers of L. f. ssp.
grandiflora and Lomatium cookii occurrences from the ONHIC database
(2008) and reports (Meyers 2008, pp. 1-65; Kaye and Thorpe 2008, pp.16-
25; ONHIC 2008; Service database 2008). However, as is the case with
all critical habitat designations, areas outside of this designation
may still prove to be necessary to the recovery of this species. A
description of each area is outlined below.
Area 1: Jackson County, Oregon
In Jackson County, we are proposing eight critical habitat units
for Limnanthes floccosa ssp. grandiflora and three critical habitat
units for Lomatium cookii. The Jackson County units occur approximately
58 km (30 mi) east of the nearest unit proposed for Lomatium cookii
species in Josephine County. All proposed critical habitat units in
Jackson County are located within the Middle Rogue River Basin or
``Agate Desert.'' Two units, White City and Whetstone Creek, are
occupied by both species.

Unit RV1: Shady Cove

We are proposing to designate Unit RV1 as critical habitat for
Limnanthes floccosa ssp. grandiflora. Unit RV1 consists of
approximately 8 ha (20 ac) of intact vernal pool-mounded prairie and
was occupied by the species at the time of listing (ONHIC 2008). We
have no current information regarding the status of this population but
consider the plant to be extant within the unit, as we have no
information indicating any activities have occurred that likely would
have resulted in extirpation. Unit RV1 contains all of the PCEs for L.
f. ssp. grandiflora and was identified in the draft recovery plan as
the Shady Cove recovery core area (USFWS 2006, pp. IV-12-IV-13). This
unit was not designated as vernal pool fairy shrimp critical habitat.
It parallels a 430 m (ft) stretch of Highway 62 and is located 460 m
(1,500 ft) west of Highway 62. The unit is 0.8 km (0.5 mi) south of
Shady Cove, 1.3 km (0.8 mi) northeast of Takelma Park, and is 122 m
(400 ft) east of the Rogue River. The unit is occurs on privately owned
land. Aerial imagery indicates that the unit is composed of intact
vernal pool-mounded prairie habitat (USDA 2006).
ONHIC database records make no mention of any ongoing threats to
the Limnanthes floccosa ssp. grandiflora population within the unit;
however, the occurrence information mentions that the adjacent habitat
to the south had been leveled, indicating that agricultural development
is occurring in the area (ONHIC 2008). The unit occurs in an area of
predominant agricultural and grazing use (Borgias 2004, p. 8).
Practices that could occur on the property that might negatively affect
L. f. ssp. grandiflora habitat, if not properly managed, include water
impoundment, tilling, and grazing. We are not aware of any conservation
agreements or management plans to conserve L. f. ssp. grandiflora
habitat within this unit. Special management considerations or
protection may be required to restore, protect, and maintain the PCEs
supported by Unit RV1 due to threats from agricultural development,
potential incompatible grazing practices, and the encroachment of
invasive, nonnative, annual plant species.

Unit RV2: Hammel Road

We are proposing to designate Unit RV2 as critical habitat for
Limnanthes floccosa ssp. grandiflora. Unit RV2 consists of
approximately 84 ha (207 ac) of intact vernal pool-mounded prairie. The
unit is currently occupied by L. f. ssp. grandiflora and was occupied
at the time of listing (ONHIC 2008). This critical habitat unit
contains all of the PCEs for L. f. ssp. grandiflora and was identified
as the Staley Road recovery core area in the draft recovery plan (USFWS
2006, pp. IV-12-IV-13). This unit is also designated as vernal pool
fairy shrimp critical habitat and corresponds to vernal pool fairy
shrimp critical habitat subunit 1A (North Agate Desert Unit) (71 FR
7117). It is located on privately owned land, 1.2 km (0.75 mi)
northeast of the confluence of Reese Creek and the Rogue River, 1.3 km
(0.8 mi) west of Highway 62, and 430 m (1,400 ft) east of the Rogue
River.
A recent observation indicates that approximately 1,500 L. f. ssp.
grandiflora are present on the unit (Meyers 2008, p. 6). Aerial imagery
and field observations indicate that the unit is comprised of intact
vernal pool-mounded prairie habitat (USDA 2006a; Meyers 2008, p. 6).
ONHIC database (2008) records indicate that light grazing occurs
within this unit, and the grazing practices appear to have been
compatible with the survival of Limnanthes floccosa ssp. grandiflora
over the past 13 years. We are not aware of any conservation agreements
or plans to protect L. f. ssp.

[[Page 37325]]

grandiflora habitat within this unit. Practices that could occur on the
property that might negatively affect L. f. ssp. grandiflora habitat if
not properly managed include water impoundment, tilling, and grazing.
Special management considerations or protection may be required to
restore, protect, and maintain the PCEs supported by Unit RV2 due to
threats from agricultural development, potential incompatible grazing
practices, and the encroachment of invasive, nonnative, annual plant
species.

Unit RV3A, B, C, and D: North Eagle Point

We are proposing to designate Unit RV3 as critical habitat for
Limnanthes floccosa ssp. grandiflora. The unit consists of four
subunits totaling 539 ha (1,331 ac) of intact vernal pool habitat that
is currently occupied by the species and was occupied at the time of
listing (ONHIC 2008). This critical habitat unit contains all of the
PCEs for L. f. ssp. grandiflora and was identified as the North Eagle
Point recovery core area in the draft recovery plan (USFWS 2006, pp.
IV-12-IV-13). Unit RV3 is also designated as vernal pool fairy shrimp
critical habitat and corresponds to vernal pool fairy shrimp critical
habitat subunits 1B, D, and G (North Agate Desert Unit) (71 FR 7117).
The unit is located on privately owned land southwest of Mosser
Mountain and northeast of Long Mountain. The four subunits loosely
follow a 6.9 km (4.3 mi) stretch of Hog Creek beginning at its origin.
Originating 3.8 km (2.4 mi) east of Highway 62 in subunit RV3D, Hog
Creek runs through RV3C, crosses Highway 62, flows between RV3B
(located 100 m (328 ft) west of Highway 62) and RV3A (located 600 m
(1,970 ft) west of Highway 62), before emptying into the Rogue River
after 2.4 km (1.5 mi). Subunit RV3A is located 560 m (1,837 ft)
southeast of the confluence of Reese Creek and the Rogue River. Subunit
RV3B is located 100 m (328 ft) west of Highway 62 at the intersection
of Ball Road and extends along an 835 m (2,740 ft) stretch of Hog
Creek. Subunit RV3C is located 2 km (1.2 mi) north of Eagle Point (see
Index map) and extends 2.6 km (1.6 mi) south of the junction of Ball
Road and Reese Creek Road. Subunit RV3D is located 3.2 km (2 mi) east
of Long Mountain and is 2.4 km (1.5 mi) southeast of the junction of
Highway 62 and Ball Road. It extends along a 1.8 km (1.1 mi) stretch of
Hog Creek.
ONHIC Element Occurrence data accounts for two 1,000-plant
Limnanthes floccosa ssp. grandiflora populations within this unit, one
growing in an area of intact vernal pool-mounded prairie habitat and
one in an atypical swale habitat alongside a fence. An additional 500
L. f. ssp. grandiflora plants growing in intact vernal pool-mounded
prairie habitat on a separate property within the unit was reported by
Wildlands, Inc. (Wildlands, Inc. 2008, p. 3). Aerial imagery indicates
that the unit contains a significant amount of intact vernal pool-
mounded prairie habitat (USDA 2006a).
Some habitat in this unit has been degraded by cattle grazing
practices and agricultural development (Wildlands, Inc. 2008, p. 1).
The entire unit occurs in an area of predominant agricultural and
grazing use (Borgias 2004, p. 8). Livestock have caused significant
damage to large vernal pools within the unit by soil compaction and
mound and pool topography alteration (Oregon Natural Heritage Program
(ONHP) 1997, p. 16). In addition, vernal pool hydrology has been
compromised in some portions of the unit by water impoundment, causing
water to permanently fill some vernal pools in several areas (Southern
Oregon Land Conservancy 2008, p. 3). In addition, nonnative invasive
annual grasses have colonized large portions of the unit and threaten
to encroach on Limnanthes floccosa ssp. grandiflora populations
(Southern Oregon Land Conservancy 2008, p. 4).
There are established protective measures to conserve Limnanthes
floccosa ssp. grandiflora and the habitat of the threatened vernal pool
fairy shrimp on two private properties within this unit. Long-term
management plans are in development for both of the properties to
protect and restore vernal pool-mounded prairie function; these plans
will cover approximately 20 percent of the land in the unit. Monitoring
and improved grazing management are currently taking place on the two
properties to further conserve L. f. ssp. grandiflora habitat (M.
Young, pers. comm. 2009; Southern Oregon Land Conservancy 2008, p. 6).
Other special management considerations or protection on other
properties within the unit may be required to restore, protect, and
maintain the PCEs supported by Unit RV3 due to threats from
agricultural development, potential incompatible grazing practices, and
the encroachment of invasive, nonnative, annual grasses.

Unit RV4: Rogue Plains

We are proposing to designate Unit RV4 as critical habitat for
Limnanthes floccosa ssp. grandiflora. This unit consists of 245 ha (605
ac) of intact vernal pool-mounded prairie habitat that is currently
occupied by the species and was occupied at the time of listing (ONHIC
2008; Meyers 2008, p. 10). This critical habitat unit contains all of
the PCEs for L. f. ssp. grandiflora and was identified as the Rogue
Plains recovery core area in the draft recovery plan (USFWS 2006, pp.
IV-12-IV-13). Unit RV4 has been designated as critical habitat for
vernal pool fairy shrimp and corresponds to vernal pool fairy shrimp
critical habitat subunits 1C, E, and F (North Agate Desert Unit) (71 FR
7117). The unit occurs on privately owned land located 122 m (400 ft)
southeast of the junction of Highway 234 and Modoc Road. It extends 2
km (1.2 mi) south along Modoc Road from the intersection, is located
1.4 km (0.87 mi) southwest of Dodge Bridge, and 1.0 km (0.6 mi)
northwest of Rattlesnake Rapids on the Rogue River.
A recent Limnanthes floccosa ssp. grandiflora survey report within
Unit RV4 describes a robust 5,000-plant population occurring at the
privately owned ``Rogue River Plains Preserve.'' The report also
describes a L. f. ssp. grandiflora occurrence from which the species
appears to have been extirpated (Meyers 2008, pp. 10, 55). For the most
part, aerial imagery and field observations indicate that the unit is
composed of intact vernal pool-mounded prairie habitat (USDA 2006a;
Meyers 2008, p. 6).
Some habitat within this unit appears to have been degraded (Meyers
2008, p. 55), however, the winter and spring grazing presently
occurring at the Rogue River Plains Preserve property appears to be
compatible with the survival of Limnanthes floccosa ssp. grandiflora
(Borgias 2004, p. 42). A photograph attached to a recent survey report
depicts weakly developed vernal-pool mounded prairie topography at the
property. At the site of the extirpated L. f. ssp. grandiflora location
within the unit, incompatible grazing practices may have contributed to
the local extirpation of the species.
Threats facing vernal-pool mounded prairie habitat in this unit are
agricultural development, incompatible grazing practices, and the
encroachment of invasive, nonnative, annual grasses. A conservation
easement, held by TNC and placed on the privately owned Rogue River
Plains Preserve property, permits the landowners to continue restricted
grazing on their property, while development and agricultural
development rights are withdrawn. Other special management
considerations or protection on other properties within the unit may be
needed to restore, protect, and maintain

[[Page 37326]]

the PCEs supported by Unit RV4 due to threats from agricultural
development, potential incompatible grazing practices, and the
encroachment of invasive, nonnative, annual grasses.

Unit RV5: Table Rock Terrace

We are proposing to designate Unit RV5 as critical habitat for
Limnanthes floccosa ssp. grandiflora. The unit includes 49 ha (122 ac)
of intact vernal pool-mounded prairie habitat that has been occupied by
the species since the time of listing (ONHIC 2008, USDA 2006a).
Although a survey conducted on a portion of the unit in 2008 did not
confirm presence of L. f. ssp. grandiflora plants (Meyers 2008, p. 59),
a more recent partial survey verified the continued occupation of the
unit by L. f. ssp. grandiflora (S. Friedman 2009, pers. obs.). This
critical habitat unit contains all of the PCEs for L. f. ssp.
grandiflora and was identified as the Table Rock Terrace recovery core
area in the draft recovery plan (USFWS 2006, pp. IV-12-IV-13). This
unit is not designated as vernal pool fairy shrimp critical habitat.
Unit RV5 is located on privately owned land 670 m (2,200 ft) north of
the junction of Modoc and Antioc Roads, is 1.4 km (0.9 mi) east of
Upper Table Rock, and 650 m (2,300 ft) west of the Rogue River. This
unit follows along an 800 m (2,600 ft) stretch of Modoc Road to the
east of the unit and a 700 m (2,300 ft) stretch of Antioc Road west of
the unit.
Threats facing vernal-pool mounded prairie habitat in this unit may
include agricultural development, incompatible grazing practices, and
the encroachment of invasive, nonnative, annual grasses. Other special
management considerations or protection within the unit may be needed
to restore, protect, and maintain the PCEs supported by Unit RV5 due to
these threats.

Unit RV6, Subunits A, B, C, D, E, F, G, and H: White City

This unit consists of eight subunits that generally encompass the
perimeter of White City. We are proposing to designate all subunits in
this unit as critical habitat for Limnanthes floccosa ssp. grandiflora.
In addition, we are proposing to designate subunits RV6 A, F, G, and H
as critical habitat for Lomatium cookii. This 848-ha (2,095-ac) unit
includes intact vernal pool-mounded prairie and swale habitats that
were occupied by the two species at the time of listing; both species
presently occur within some or all of the subunits. This critical
habitat unit contains all of the PCEs for L. f. ssp. grandiflora and
Lomatium cookii and was identified as the Agate Desert recovery core
area in the draft recovery plan (USFWS 2006, pp. IV-12-IV-13). Unit RV6
is also designated as vernal pool fairy shrimp critical habitat and
corresponds to vernal pool fairy shrimp critical habitat subunits 2A,
B, C, D, and E and 3A and B (White City East and West Units) (71 FR
7117; February 10, 2006). The unit occurs on State, county, municipal
and privately owned lands. It is located around White City, is 1.6 km
(1.0 mi) southwest of Eagle Point, and is 440 m (1,444 ft) southeast of
the confluence of the Rogue River and Little Butte Creek. Subunit RV6A
is located north of Whetstone Creek and is 500 m (1,200 ft) west of the
junction of Highway 62 and Antelope Road. Subunits RV6B, RV6C, RV6D and
RV6E are located north of Avenue G in White City, south of Little Butte
Creek, and 670 m (2,200 ft) southwest of Antelope Creek. Subunits RV6F
and RV6G are located approximately 500 feet west of Dry Creek and are
east of Highway 62 in White City. Subunit RV6H is located north of
Whetstone Creek and south of Antelope Road. Subunit RV6H roughly
encircles the Hoover Ponds, east of Highway 62, and is 850 m (2790 ft)
east of subunit RV6A. The land in this unit is 29 percent State-owned,
6 percent county-owned, 10 percent municipally owned, and 55 percent
privately owned.
This unit includes highly intact vernal pool-mounded prairie
habitat. The Nature Conservancy manages a 22-ha (54-ac) parcel within
this unit to conserve vernal pool-mounded prairie habitat and has
recently developed a management plan to restore and enhance vernal pool
function across 86 ha (213 ac) of habitat owned by the Oregon
Department of Fish and Wildlife's (ODFW) Denman Wildlife Area. A
mitigation site owned by Jackson County School District Number 9
protects 9.5 ha (24 ac) of intact vernal pool-mounded prairie habitat
with one of the largest known populations of Limnanthes floccosa ssp.
grandiflora. The City of Medford also leases 88 ha (217 ac) of vernal
pool-mounded prairie for cattle grazing on some less intact vernal-pool
mounded prairie habitat. In addition, the Oregon Department of
Transportation (ODOT) manages two locations as roadside special
management areas for the protection of L. f. ssp. grandiflora and
Lomatium cookii.
Threats facing vernal pool-mounded prairie habitat in this unit
include urban and commercial development, agricultural development,
incompatible grazing practices, and the encroachment of invasive,
nonnative annual grasses. The Nature Conservancy and Jackson County
School District Number 9 have conducted prescribed burns, seeded with
native plants, and erected signs and fences to control encroachment of
nonnative invasive plants, discourage recreational ORV use, and restore
native plant communities (Borgias 2004, p. 22; USFWS 2006, pp. I-18-I-
21). ODFW has plans to restore vernal pool-mounded prairie habitat
across the Denman Management Area by removing nonnative bunch grasses
and restoring hydrologic flow by eliminating old road beds (Borgias et
al. 2009, pp. 16-22). Other special management considerations or
protection within the unit may be needed to restore, protect, and
maintain the PCEs supported by Unit RV6 due to the described threats
within the units.

Unit RV7: Agate Lake

We are proposing to designate Unit RV7 as critical habitat for
Limnanthes floccosa ssp. grandiflora. This unit consists of 426 ha
(1,053 ac) of intact vernal pool-mounded prairie and swale habitat; the
unit is currently occupied by the species and was occupied at the time
of listing (Meyers 2008, p. 45). This critical habitat unit contains
all of the PCEs for L. f. ssp. grandiflora and was identified as the
Agate Lake recovery core area in the draft recovery plan (USFWS 2006,
pp. IV-12-IV-13). Unit RV7 has been designated as critical habitat for
vernal pool fairy shrimp and corresponds to vernal pool fairy shrimp
critical habitat subunit 2B (White City East Unit) (71 FR 7117;
February 10, 2006). The unit occurs on federally and privately owned
land located 500 m (1,640 ft) east of the Agate Reservoir, along a 5.4-
km (3.4-mi) stretch roughly parallel and between Dry Creek and Antelope
Creek, is 330 m (1,080 ft) north of Tater Hill, and is 1.4 km (0.9 mi)
southeast of the confluence of Dry Creek and Antelope Creek. The land
in this unit is approximately 9 percent federally owned and 89 percent
privately owned.
The U.S. Bureau of Reclamation (BOR) has completed a management
plan for 38 ha (94 ac) of slightly degraded vernal pool-mounded prairie
habitat within this unit. BOR has established protective measures to
conserve vernal pool-mounded prairie habitat. A long-term management
plan has been finalized to protect and restore vernal pool-mounded
prairie function (BOR 2006, p. 1-1). Previous to 2008, Limnanthes
floccosa ssp. grandiflora had not been reported in the unit since 1965.
In 2008, a 300-plant population of L. f. ssp. grandiflora was observed
in recently restored vernal pool-mounded prairie habitat on Federal
land within the unit (p. Meyers 2008, p. 45).

[[Page 37327]]

The PCEs in this unit are threatened by invasion of nonnative
herbaceous annuals, trash dumping, activities associated with fire
management (fire-line construction), vandalism, unauthorized ORV use,
and incompatible grazing practices (BOR 2006, p. 1-8; Borgias 2004, p.
12). Therefore, special management considerations or protection may be
required to restore, protect, and maintain the PCEs supported by Unit
RV7 due to these threats.

Unit RV8: Whetstone Creek

We are proposing to designate Unit RV8 as critical habitat for
Limnanthes floccosa ssp. grandiflora and Lomatium cookii. Unit RV8
consists of 362 ha (896 ac) of intact vernal pool-mounded prairie and
swale habitat that was occupied by both species at the time of listing;
both species continue to occur within the unit (ONHIC 2008; Meyers
2008, p. 20). This critical habitat unit contains all of the PCEs for
L. f. ssp. grandiflora and Lomatium cookii and was identified as the
Whetstone Creek recovery core area in the draft recovery plan (USFWS
2006, pp. IV-12-IV-13). Unit RV8 has been designated as critical
habitat for vernal pool fairy shrimp and corresponds to vernal pool
fairy shrimp critical habitat subunit 3C (White City West Unit) (71 FR
7117; February 10, 2006). The unit occurs on State, municipal, and
privately owned land located just west of White City. The unit is
located approximately 1.4 km (0.9 mi) southeast of the confluence of
the Rogue River and Whetstone Creek, 2.2 km (1.4 mi) southwest of Tou
Velle State Park, and 2.9 km southeast of the confluence of Bear Creek
and the Rogue River. The unit roughly parallels a 2.6 km (1.6 mi)
stretch of Whetstone Creek to the south. The land in this unit is 9
percent State-owned, 10 percent municipally owned, and 81 percent
privately owned.
This unit includes highly intact vernal-pool mounded prairie
habitat with partial protection by city regulation and private
conservation easements. This is the only unit that includes a shrub and
tree component within vernal pool-mounded prairie habitat. The Nature
Conservancy manages a 58-ha (144-ac) parcel within this unit occupied
by both Limnanthes floccosa ssp. grandiflora and Lomatium cookii. One
of the primary purposes of the preserve is to conserve vernal pool-
mounded prairie habitat. The Nature Conservancy has recently developed
a management plan to restore and enhance vernal pool function across a
32-ha (80-ac), neighboring property owned by ODOT that also occurs
within the unit. The City of Medford leases 36 ha (96 ac) of vernal
pool-mounded prairie habitat within the unit for grazing.
The PCEs in this unit are threatened by invasion of nonnative
herbaceous annuals, incompatible agricultural development, aggregate
mining, unauthorized ORV use, and incompatible grazing practices (BOR
2006, pp. 1-8; Borgias 2004, p. 12). Therefore, special management
considerations or protection on other properties within the unit may be
required to restore, protect, and maintain the PCEs supported by Unit
RV8 due to the threats mentioned above.

Unit RV9A and B: Medford Airport

We are proposing to designate Unit RV9 as critical habitat for
Lomatium cookii. This unit consists of the subunits RV9A and RV9B.
Lomatium cookii has been known from this unit since before the time it
was listed (ONHIC 2008). Unit RV9 includes 76 ha (190 ac) of slightly
degraded vernal pool-mounded prairie habitat. No areas within this unit
were designated as vernal pool fairy shrimp critical habitat. A report
on Limnanthes floccosa ssp. grandiflora within the unit indicates that
the population has fewer than 10 individuals (Meyers 2008, p 48);
therefore, we are not proposing to designate this unit as critical
habitat for this species, as explained above in our criteria to
identify critical habitat boundaries. This critical habitat unit
contains all of the PCEs for Lomatium cookii and was identified as the
Rogue Airfield recovery core area in the draft recovery plan (USFWS
2006, pp. IV-12-IV-13). The two subunits are located mostly within the
Rogue Valley International - Medford Airport, approximately 2 km (1.2
mi) west of Coker Butte and 1.5 km (0.9 mi) northeast of Bear Creek.
Subunit RV9A is located 1.4 km (0.9 mi) north of the Rogue Valley
International - Medford Airport and is 300 m (980 ft) east of the
junction of Vilas Road and Table Rock Road. Subunit RV9B is between
Upton Slough and Bear Creek and 1.7 km northeast of the junction of
Interstate 5 and Highway 62. The land in this unit is 93 percent
county-owned and 7 percent privately owned.
This unit includes one of the most extensive and densest
populations of Lomatium cookii within its range. The Rogue Valley
International - Medford Airport is managed to meet FAA safety
requirements. The property is completely fenced-in to exclude people
and large animals and is periodically mowed to keep vegetation low and
reduce use by large birds and other wildlife. The security fencing and
regular mowing is compatible with Lomatium cookii growth, reproduction,
and germination and has enabled a robust population to become
established. Other properties not included in the airport security zone
are properties within the City of Medford urban growth boundary likely
to become commercially developed.
Threats facing the vernal pool-mounded prairie habitat in this unit
are potential airport and commercial development. The development of a
new runway that could be placed across the densest population of
Lomatium cookii has been suggested in the long-term plan for the
airport (Rogue Valley International-Medford Airport 2001, pp. 5-2-5-4;
6-4-6-6). Special management considerations or protection within the
unit may be needed to conserve and maintain the PCEs supported by Unit
RV9 due to this threat.
Area 2: Josephine County, Oregon
In Josephine County, we are proposing 14 critical habitat units for
Lomatium cookii. The Josephine County units occur approximately 58 km
(30 mi) west of the nearest unit proposed for this species in Jackson
County. None of the Josephine County units were designated as critical
habitat for the vernal pool fairy shrimp in Oregon.

Unit IV1: Anderson Creek

We are proposing to designate Unit IV1 as critical habitat for
Lomatium cookii. Unit IV1 consists of 53 ha (132 ac) of intact wet
meadow habitat that is currently occupied and was occupied by the
species at the time of listing (ONHDB 1994, pp. 9-10; OSU 2008). Unit
IV1 contains all the PCEs for Lomatium cookii and was identified in the
draft recovery plan as the Anderson Creek recovery core area (USFWS
2006, pp. IV-11, IV-14). It is located on privately owned land, 3.5 km
(2.2 mi) north of Selma, 14 km (8.8 mi) north of Cave Junction, along a
1.0 km (0.6 mi) stretch of Anderson Creek and Highway 199, 2.0 km (1.2
mi) southwest of Hays Hill Summit, and is 1.7 km (1.0 mi) northwest of
the junction of Draper Valley Road and Indian Creek Road.
The two occurrences in this unit are the most northern known
occurrences of Lomatium cookii in the Illinois Valley. Recent surveys
located two populations in this unit, one with 135 plants and one with
1,000 plants. The two populations were reported as growing in open,
grassy meadows (C. Shohet, pers. comm. 2005). Aerial imagery suggests
the habitat in this unit is relatively intact wet meadow (USDA 2006a).
Potential threats to the Lomatium cookii habitat in this unit
include

[[Page 37328]]

incompatible grazing practices, agricultural development, alterations
in hydrology due to timber production, native and noxious weed
encroachment, and woody vegetation succession as the result of fire
suppression (J. Kagan, pers. comm. 2008; C. Shohet, pers. comm. 2005).
Grazing is a common agricultural practice in the area (J. Kagan, pers.
comm. 2008), but depending on management within this unit, it may be
incompatible with growth, reproduction, and germination of the species.
We are not aware of any conservation agreements or management plans to
conserve critical habitat within this unit. Special management
considerations or protection may be required to restore, protect, and
maintain the PCEs supported by Unit IV1 due to threats from
agricultural development, potential incompatible grazing practices, and
woody vegetative succession due to decreased fire return intervals.

Unit IV2: Draper Creek

We are proposing to designate Unit IV2 as critical habitat for
Lomatium cookii. This unit consists of 39 ha (97 ac) of intact wet
meadow habitat, was occupied by Lomatium cookii at the time of listing
(ONHDB 1994, p. 5; OSU 2008), and continues to be occupied by the
species. Unit IV2 contains all of the PCEs for Lomatium cookii and was
identified in the draft recovery plan as the Draper Creek recovery core
area (USFWS 2006, pp. IV-11, IV-14). It is located on privately owned
land 2.7 km (1.7 mi) northeast of Selma, 13.5 km (8.4 mi) north of Cave
Junction, along a 900 m (2,900 ft) stretch of Draper Creek, located 800
m (2,600 ft) east of Anderson Creek. The unit is 800 m (2,600 ft)
north-northwest of the confluence of Draper Creek and Davis Creek and
is 200 m (650 ft) southeast of the junction of Draper Valley Road and
Indian Creek Road.
According to a recent survey report, this unit includes relatively
intact wet meadow habitat associated with Draper Creek. A recent survey
located a 400-plant Lomatium cookii population here, reported as
growing in an open, grassy meadow (C. Shohet, pers. comm. 2005). The
Lomatium cookii occurrence in this unit is among the most northern
known occurrences for this species in the Illinois Valley. Aerial
imagery suggests the habitat in this unit may be reverting to oak and
conifer succession in some areas (USDA 2006a).
Potential threats to the Lomatium cookii habitat in this unit
include incompatible grazing practices, agricultural development,
alterations in hydrology due to timber production, native and noxious
weed encroachment, and woody vegetation succession (C. Shohet, pers.
comm. 2005). Grazing is a common agricultural practice in the area (J.
Kagan, pers. comm. 2009), but depending on management within the unit,
it may be incompatible with growth, reproduction, and germination of
the species. No conservation agreements or protections have been
established within this unit, and we are not aware of any conservation
plans to conserve critical habitat within this unit. Special management
considerations or protection may be required to restore, protect, and
maintain the PCEs supported by Unit IV2 due to threats from
agricultural development, incompatible grazing practices, and woody
vegetative succession due to increased fire return intervals.

Unit IV3: Reeves Creek North

We are proposing to designate Unit IV3 as critical habitat for
Lomatium cookii. This unit consists of 105 ha (260 ac) of wet meadow
habitat. Lomatium cookii occupied this unit at the time of listing and
continues to be found here (ONHIC 2008). Unit IV3 contains all of the
PCEs for Lomatium cookii and was identified in the draft recovery plan
as the Reeves Creek West recovery core area (USFWS 2006, pp. IV-11, IV-
14). This unit is located on Federal and privately owned land, 4.5 km
(2.8 mi) south of Selma, 6.0 km (3.75 mi) north of Cave Junction, and
1.1 km (0.7 mi) northeast of Sauers Flat. The unit is located 1.4 km
(0.9 mi) east of the confluence between Reeves Creek and the Illinois
River and extends along a 2.0 km (1.2 mi) stretch of Reeves Creek,
beginning 800 m (2,600 ft) northeast of the junction of Highway 199 and
Reeves Creek Road. The land in this unit is 58 percent federally owned
and 42 percent privately owned.
The wet meadow habitat in this unit is primarily threatened by
natural vegetative succession, but there is potential for road
maintenance to become a threat. Road maintenance often fragments
populations and can directly affect plants. Woody vegetative succession
can impact Lomatium cookii populations in this unit by over-shading.
Due to this threat, the plants observed in this unit occur in smaller
numbers and grow in more limited areas compared to other Illinois
Valley populations and appear to be more fragmented (ONHIC 2008).
Timber harvesting occurs in this unit periodically and could affect
Lomatium cookii populations in the next few years. Special management
considerations or protection may be required to restore, protect, and
maintain the PCEs supported by Unit IV3 due to threats from woody
vegetation succession, impacts associated with timber harvesting
activities, and road maintenance.

Unit IV4: Reeves Creek East

We are proposing to designate Unit IV4 as critical habitat for
Lomatium cookii. This unit consists of 69 ha (170 ac) of intact wet
meadow habitat and has been occupied by Lomatium cookii since the time
of listing (ONHIC 2008). Unit IV4 contains all of the PCEs for Lomatium
cookii and was identified in the draft recovery plan as the Reeves
Creek East recovery core area (USFWS 2006, pp. IV-11, IV-14). This unit
is located on Federal and privately owned land, 6.2 km (3.9 mi) south
of Selma, and 5.3 km (3.3 mi) northwest of Cave Junction. It occurs
along a 500 m (1,640 ft) stretch of Reeves Creek located 700 m (2,300
ft) southeast of Unit IV3. The land in this unit is 52 percent
federally owned and 48 percent privately owned.
The wet meadow habitat in this unit is primarily threatened by
woody vegetative succession, activities associated with timber
harvesting practices, road maintenance, and ORV use. The single
Lomatium cookii population known from this unit is described as
fragmented by a road cut. Portions of the habitat in this unit are also
threatened by early seral forest succession (ONHIC 2008). As with the
previous unit, plants observed in this unit occur in smaller numbers
and grow in more limited areas compared to other Illinois Valley
populations, and the populations appear to be more fragmented. Special
management considerations or protection may be required to restore,
protect, and maintain the PCEs supported by Unit IV4 due to threats
from road construction, impacts associated with timber harvesting,
woody vegetative succession, and ORV use.

Unit IV5: Reeves Creek South

We are proposing to designate Unit IV5 as critical habitat for
Lomatium cookii. This unit consists of 158 ha (391 ac) of intact wet
meadow habitat. This unit was occupied by Lomatium cookii at the time
of listing and the species continues to be found there (ONHIC 2008).
Unit IV5 contains all of the PCEs for Lomatium cookii and was
identified in the draft recovery plan as the Reeves Creek West recovery
core area (USFWS 2006, pp. IV-11, IV-14). The unit is located on both
Federal and private land roughly parallel to Highway 199 for 2.5 km
(1.6 mi), which is 500 m (1,640 ft) west of the unit. The unit is
located 1.6

[[Page 37329]]

km (1.0 mi) north of Cave Junction, 1 km (0.6 mi) southeast of Sauers
Flat, 800 m (2,600 ft) east of Kerby, and 1.2 km (0.7 mi) east of the
confluence between Holton Creek and the Illinois River. The land in
this unit is 65 percent federally owned and 35 percent privately owned.
The wet meadow habitat in this unit is primarily threatened by
vegetative succession. Impacts associated with timber harvesting, road
maintenance, and ORV use are threats that could affect the habitat
within this unit within the next few years. The Lomatium cookii
described in this unit is described as a fairly modest-sized
population, with numbers up to 300 plants. The population in this unit
is threatened by fragmentation due to woody vegetation succession. The
population is somewhat scattered around open wet meadow patches
dispersed within a young woody overstory (ONHIC 2008). Special
management considerations or protection may be required to restore,
protect, and maintain the PCEs supported by Unit IV5 due to threats
from road construction, impacts associated with timber harvesting,
woody vegetative succession, and ORV use.

Unit IV6A and B: Laurel Road

We are proposing to designate Unit IV6 as critical habitat for
Lomatium cookii. This unit consists of two subunits totaling 209 ha
(516 ac) of intact wet meadow habitat that was occupied by Lomatium
cookii at the time of listing (ONHIC 2008); the species continues to be
found there. Unit IV6 contains all of the PCEs for Lomatium cookii and
was identified in the draft recovery plan as the Laurel Road recovery
core area (USFWS 2006, pp. IV-11, IV-14). The unit is located west and
alongside of the base of Lime Rock, 1.2 km (0.7 mi) east of the city of
Cave Junction, and follows along Highway 46 for 1.5 km (0.9 mi).
Subunit IV6A is located 1.3 km (0.8 mi) west of Lime Rock summit, 1.0
km east of the junction of Laurel Road and Highway 199, and is roughly
parallel to Highway 199 for 1.3 km (0.8 mi), which lies approximately
1.0 km (0.6 mi) west of the subunit. Subunit IV6B is 2.7 km (1.7 mi)
east of the confluence of the east and west forks of the Illinois River
and from the intersection of Holland Loop Road and Highway 46; it
extends approximately 1.8 km (1.1 mi) to the northeast and 2.7 km (1.7
mi) to the north. The land in this unit is 6 percent federally owned,
less than 1 percent State, and 93 percent privately owned.
Unit IV6 is open meadow and roadside habitat at the base of Lime
Rock. Highway 46 crosses the population and gravel was spread on the
population at a pull-out. The population continues to thrive and even
grows up through the gravel. J. Kagan described the population as
occurring at the bottom of a small hill derived of ultramafic alluvium
(ONHDB 1994, p. 9). The two populations in the unit are some of the
most robust populations in the Illinois Valley. However, the Lomatium
cookii population has been monitored since April 2003, and after
several years of population size increases, the population has recently
declined. The specific cause of the decline is not known.
The primary threats to the habitat in this unit are periodic
roadside maintenance, occasional roadside disturbance, woody vegetative
succession, nonnative invasive plants, and rural development. There are
relatively few nonnative invasive plants that threaten Lomatium cookii
at this site, perhaps due to the ultramafic-derived soils, but roadside
maintenance is expected to occur often along this stretch of road and
could increase the presence of invasive plants. Several inadvertent
impacts have been caused to the population by construction equipment
and vehicle traffic and periodic maintenance to the road. ODOT manages
the population closely and has been able to ensure that their road
repairs do not affect the population.
Special management considerations or protection may be required to
restore, protect, and maintain the PCEs supported by Unit IV6 due to
threats from rural development, roadside maintenance, woody vegetative
succession, and invasive, nonnative plant species.

Unit IV7: Illinois River Forks State Park

We are proposing to designate Unit IV7 as critical habitat for
Lomatium cookii. This unit consists of 55 ha (136 ac) of intact wet
meadow habitat. Lomatium cookii has been known from this unit since the
time of listing (ONHIC 2008). Unit IV7 contains all of the PCEs for
Lomatium cookii and was identified in the draft recovery plan as the
River Forks State Park recovery core area (USFWS 2006, pp. IV-11, IV-
14). The unit is located 500 m (1640 ft) west of the city of Cave
Junction, 600 m (1,970 ft) southeast of Pomeroy Dam, and is 230 m (750
ft) east of the confluence of the east and west forks of the Illinois
River. The unit occurs along a 2.8 km (1.7 mi) stretch of the West Fork
Illinois River. The unit occurs on 25 percent Federal, 44 percent
State, and 31 percent privately owned land.
This unit is partially managed by the Oregon Parks and Recreation
Department (OPRD). The OPRD manages both the Federal and State property
and a management plan is currently in development to protect and
conserve the habitat that support Lomatium cookii. Recent monitoring by
Service staff (2008) observed a relatively robust population spread out
alongside streamside meadow habitat (Service database 2008).
The primary threats to the habitat in this unit are natural woody
vegetative succession and rural development. Agricultural development,
incompatible grazing practices, and invasive, nonnative, annual plant
species are also potential threats. Special management considerations
or protection may be required to restore, protect, and maintain the
PCEs supported by Unit IV7 due to the threats described above.

Unit IV8: Woodcock Mountain

We are proposing to designate Unit IV8 as critical habitat for
Lomatium cookii. This unit consists of 348 ha (859 ac) of intact wet
meadow habitat. Lomatium cookii was known from this unit at the time of
listing and continues to occur there (ONHIC 2008). Unit IV8 contains
all of the PCEs for Lomatium cookii and was identified in the draft
recovery plan as part of the Rough and Ready Creek recovery core area
(USFWS 2006, pp. IV-11, IV-14). The unit is located on Federal and
privately owned land, 2.4 km (1.5 mi) southwest of the city of Cave
Junction, 5.3 km (3.3 mi) north of O'Brien, is 140 m (ft) west of the
confluence of Woodcock Creek and the West Fork Illinois River, and
occurs along a 3.3 km (2.0 mi) stretch of West Side Road. Unit IV7 is
400 m (ft) west of Highway 199 and roughly parallels the highway for
5.0 km (3.1 mi). This unit occurs on 3 percent Federal, 1 percent
State, and 96 percent privately owned land.
This unit contains abundant intact wet meadow habitat and includes
several populations of Lomatium cookii, one of which may include more
than 5,000 plants. The habitat occupied by the species is typical moist
grassland dominated by the native bunch grasses Danthonia californica
and Deschampsia cespitosa. A 39-ha (97-ac) private property that occurs
within the unit is under a conservation easement. Threats that face the
PCEs in this unit include woody vegetative succession, rural
development, and incompatible agricultural development. Special
management considerations or protection may be required to restore,
protect, and maintain the PCEs supported by Unit IV8 due to these

[[Page 37330]]

threats and potentially from incompatible grazing practices and
invasive, nonnative, annual plant species.

Unit IV9: Riverwash

We are proposing to designate Unit IV9 as critical habitat for
Lomatium cookii. This unit consists of 12 ha (30 ac) of intact wet
meadow and streambank habitat. Lomatium cookii has been known from this
unit since the time of listing (ONHIC 2008). Unit IV9 contains all of
the PCEs for Lomatium cookii and was identified in the draft recovery
plan as part of the Rough and Ready Creek recovery core area (USFWS
2006, pp. IV-11, IV-14). The unit is located 4.2 km (2.6 mi) south of
Cave Junction, 6.1 km (3.8 mi) north-northeast of O'Brien, and is
located along the east bend of the West Fork Illinois River, 700 m
(2,300 ft) south (upstream) of the confluence between Woodcock Creek
and the West Fork Illinois River. The land in the unit is 34 percent
federally owned, 5 percent State-owned, and 61 percent privately owned.
This unit includes the Danna Lytjen Special Management Area, a
property of ODOT. It has been monitored by ODOT periodically since the
time it was discovered (D. Sharp, pers. comm. 2009). The population
within this unit is smaller (fewer than 50 plants) and occurs in wet
meadow habitat alongside a ditch. The primary threats to habitat in
this unit are periodic roadside maintenance, vegetative succession,
occasional roadside disturbance, and rural development. Special
management considerations or protection may be required to restore,
protect, and maintain the PCEs supported by Unit IV9 due to threats
from agricultural development, incompatible grazing practices,
occasional roadside activities, vegetative succession, and rural
development.

Unit IV10: French Flat North

We are proposing to designate Unit IV10 as critical habitat for
Lomatium cookii. This unit consists of 45 ha (110 ac) of intact wet
meadow habitat. Lomatium cookii has been known from this unit since the
time of listing (ONHIC 2008). Unit IV10 contains all of the PCEs for
Lomatium cookii and was identified in the draft recovery plan as part
of the Rough and Ready Creek recovery core area (USFWS 2006, pp. IV-11,
IV-14). The unit is located 3.7 km (2.3 mi) south of Cave Junction, 900
m (2,950 ft) north of the intersection of Sherrier Drive and Raintree
Drive, 1.7 km (1.1 mi) southwest of the confluence of Althouse Creek
and the East Fork Illinois River, and parallels a 300 m (980 ft)
stretch of Rockydale Road. The land in this unit is under 22 percent
Federal ownership and 78 percent private ownership. A portion of this
unit occurs on BLM-managed land (Kaye and Thorpe 2008, p. 1).
The two Lomatium cookii populations in this unit occur in open
mixed oak-conifer habitat. Aerial imagery suggests that the wet meadow
habitat is fragmented, may be slowly degrading, and may require some
management to maintain early seral stage vegetation (USDA 2006a). The
primary threats to the PCEs in this unit are rural development and
vegetative succession.
Special management considerations or protection may be required to
restore, protect, and maintain the PCEs supported by Unit IV10 due to
threats from rural development and woody vegetative succession.

Unit IV11: Rough and Ready Creek

We are proposing to designate Unit IV11 as critical habitat for
Lomatium cookii. This unit consists of 61 ha (152 ac) of intact wet
meadow habitat. Lomatium cookii has been known from this unit since the
time of listing (ONHIC 2008). Unit IV11 contains all of the PCEs for
Lomatium cookii and was identified in the draft recovery plan as part
of the Rough and Ready Creek recovery core area (USFWS 2006, pp. IV-11,
IV-14). The unit roughly follows along and is adjacent to a 1.9 km (1.2
mi) stretch of Airport Drive, is located 3 km (1.9 mi) north of
O'Brien, 900 m (2,950 ft) west of the Rough and Ready Forest Wayside
State Park, and is 122 m (400 ft) east of the confluence with the
Illinois River and Rough and Ready Creek. The land in this unit is 48
percent federally owned and 52 percent privately owned.
A grouping of Lomatium cookii patches has been monitored within
this unit for over 10 years (Kaye and Thorpe 2008, p. 26). Although the
population is stable and not considered a large population, it appears
to be resilient to various ORV threats and alterations in hydrology.
Threats present at this unit are in the form of ORVs, nonnative
invasive forbs, alteration in hydrology caused by roadside maintenance,
and natural succession. Special management considerations or protection
may be required to restore, protect, and maintain the PCEs supported by
Unit IV11 due to these threats.

Unit IV12: French Flat Middle

We are proposing to designate Unit IV12 as critical habitat for
Lomatium cookii. This unit consists of 617 ha (1,524 ac) of intact wet
meadow habitat. The unit has been occupied by Lomatium cookii since the
time of listing. Unit IV12 contains all of the PCEs for Lomatium cookii
and was identified in the draft recovery plan as the French Flat
recovery core area (USFWS 2006, pp. IV-11, IV-14). The unit is located
4.5 km (2.8 mi) east of Cave Junction, 3.7 km (2.3 mi) northeast of
O'Brien, 140 m (460 ft) north of Esterly Lakes, 1.4 km (0.9 mi)
northeast of Indian Hill, 300 m (960 ft) east of the confluence of
Rough and Ready Creek and the West Fork Illinois River, and follows
along a 5.0 km (3.1 mi) stretch of Rockydale Road. Land within the unit
is under 45 percent Federal ownership and 55 percent private ownership.
This unit contains some of the largest areas of intact wet meadow
habitat within the Illinois Valley. Several Lomatium cookii populations
occur within this unit. Two of the Lomatium cookii populations in the
unit, each in excess of 40,000 individuals, have been closely monitored
on BLM land for over 10 years (Kaye and Thorpe 2008, pp. 16-25).
Although the populations are robust and dense compared to other
locations, the rate of growth has been declining and plants may be
slowly succumbing to various naturally caused threats, including woody
vegetative succession and vole herbivory (Kaye and Thorpe 2008, pp. 16-
25).
Threats commonly observed within this unit are: illegal ORV use;
vandalism (related to ORV use); garbage dumping; mining; woody
vegetative succession; substantial rodent herbivory on Lomatium cookii
plants (voles); and competition with invasive, nonnative annual plant
species. Several other Lomatium cookii populations that occur within
this unit are not closely monitored. Therefore, special management
considerations or protection may be required to restore, protect, and
maintain the PCEs supported by Unit IV12 due to the threats described
above.

Unit IV13: Indian Hill

We are proposing to designate Unit IV13 as critical habitat for
Lomatium cookii. This unit consists of 18 ha (45 ac) of intact wet
meadow habitat. It has been occupied by Lomatium cookii since the time
of listing. Unit IV13 contains all of the PCEs for Lomatium cookii, and
was identified in the draft recovery plan as the Indian Hill recovery
core area (USFWS 2006, pp. IV-11, IV-14). The unit is adjacent to and
lies east of a 900 m (2,950 ft) stretch of the West Fork Illinois
River, located approximately 300 m south (upstream) of the confluence
of Rough and Ready

[[Page 37331]]

Creek and the West Fork Illinois River. The unit is 1.8 km (1.1 mi)
northeast of O'Brien and is 350 m (1,150 ft) northwest of Indian Hill.
The land within this unit is 83 percent federally owned and 17 percent
privately owned.
This unit contains a comma-shaped wet meadow supporting one
Lomatium cookii population in excess of 9,000 plants. Lomatium cookii
has been closely monitored in this unit for over 10 years (Kaye and
Thorpe 2008, p 28). Although this population appears to be threatened
by succession of woody vegetation and herbivory by voles, population
monitoring indicates the population is stable.
Special management considerations or protection may be required to
restore, protect, and maintain the PCEs supported by Unit IV6 due to
threats from natural woody vegetative succession and vole herbivory.

Unit IV14: Waldo

We are proposing to designate Unit IV14 as critical habitat for
Lomatium cookii. This unit consists of 40 ha (100 ac) of intact wet
meadow habitat. This unit is presently occupied by the species and was
occupied at the time of listing. Unit IV14 contains all of the PCEs for
Lomatium cookii and was identified in the draft recovery plan as the
French Flat recovery core area (USFWS 2006, pp. IV-11, IV-14). The unit
is located 3.4 km (2.1 mi) east-southeast O'Brien, 230 m (750 ft) west
of Waldo, 2.4 km (1.5 mi) southeast of Indian Hill, and is 1.5 km (0.9
mi) southwest of Esterly Lakes. The land within this unit is under 59
percent Federal ownership and 41 percent private ownership.
This unit includes a single Lomatium cookii population on BLM-
managed land that has not been visited since 1998. Aerial imagery
suggests that the open mixed oak-conifer habitat in the unit includes
patchy wet meadows and appears to be threatened by succession of
natural woody vegetation succession and mineral mining. Aerial imagery
suggests that the wet meadow habitat, as of 2006, is slowly becoming
degraded and may require some management to maintain early seral stage
vegetation (USDA 2006a). The primary threats to the habitat in this
unit are mining and natural vegetation succession.
Special management considerations or protection may be required to
restore, protect, and maintain the PCEs supported by Unit IV14 due to
threats from woody vegetative succession and mineral mining.
Tables 1 and 2 provide a summary of the approximate area (ha and
ac) of units in Jackson County by Federal, State, county, municipal,
and private ownership determined to meet the definition of critical
habitat for Limnanthes floccosa ssp. grandiflora and Lomatium cookii.
Table 3 provides a summary of the approximate area (ha/ac) of units for
Lomatium cookii in Josephine County by Federal, State, and private
ownership determined to meet the definition of critical habitat.

Table 1--Critical habitat units and ownership in hectares (acres) for Limnanthes floccosa ssp. grandiflora in Jackson County, Oregon (all totals are
rounded).
--------------------------------------------------------------------------------------------------------------------------------------------------------
Critical Habitat Unit Private Municipal County State Federal Total Area
--------------------------------------------------------------------------------------------------------------------------------------------------------
Shady Cove (RV1) 8 (20) 8 (20)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Hammel Road (RV2) 84 (207) ..... ..... ..... ..... 84 (207)
--------------------------------------------------------------------------------------------------------------------------------------------------------
North Eagle Point (RV3A-D) 539 (1,331) ..... ..... ..... ..... 539 (1,331)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Rogue Plains (RV4) 244.5 (604) ..... 0.5 (1) ..... ..... 245 (605)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Table Rock Terrace (RV5) 49 (121.5) ..... ..... ..... ..... 49 (122)
--------------------------------------------------------------------------------------------------------------------------------------------------------
White City (RV6A-H) 447 (1,104) 87 (214) 68 (168) 246 (609) ..... 848 (2,095)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Agate Lake (RV7) 397 (981.5) ..... ..... ..... 29 (71) 426 (1,053)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Whetstone Creek (RV8) 290 (719.5) 37 (91.5) 0.2 (0.5) 34 (84) ..... 362 (896)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Total Area 2,059.5 (5,088) 124 (306) 69 (170) 279.5 (691) 29 (71) 2,561 (6,327)
--------------------------------------------------------------------------------------------------------------------------------------------------------

Table 2--Critical habitat units and ownership in hectares (acres) for Lomatium cookii in Jackson County, Oregon (totals are rounded).
--------------------------------------------------------------------------------------------------------------------------------------------------------
Critical Habitat Unit Private Municipal County State Federal Total Area
--------------------------------------------------------------------------------------------------------------------------------------------------------
White City (RV6A, F, G, H) 324 (802) 87 (214) 56 (138) 141 (349) ..... 608 (1,503)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Whetstone Creek (RV8) 291 (719.5) 37 (91.5) 0.2 (0.5) 34 (84) ..... 362 (895.5)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Medford Airport (RV9A-B) 3 (8) 0.4 (1) 73 (180) ..... ..... 76 (190)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Total Area 620 (1,532) 124.4 (307) 129.2 (319) 174 (430) ..... 1,046 (2,589)
--------------------------------------------------------------------------------------------------------------------------------------------------------

Table 3--Critical habitat units and ownership in hectares (acres) for Lomatium cookii in Josephine County,
Oregon (totals are rounded).
----------------------------------------------------------------------------------------------------------------
Critical Habitat Unit Private State Federal Total Area
----------------------------------------------------------------------------------------------------------------
Anderson Creek (IV1) 53.4 (131.9) ..... ..... 53 (132)
----------------------------------------------------------------------------------------------------------------

[[Page 37332]]

Draper Creek (IV2) 39.4 (97.3) ..... ..... 39 (97)
----------------------------------------------------------------------------------------------------------------
Reeves Creek North (IV3) 44 (109) ..... 61 (151) 105 (260)
----------------------------------------------------------------------------------------------------------------
Reeves Creek East (IV4) 33 (81.4) ..... 36 (88.5) 69 (170)
----------------------------------------------------------------------------------------------------------------
Reeves Creek South (IV5) 55 (137) ..... 103 (254) 158 (391)
----------------------------------------------------------------------------------------------------------------
Laurel Road (IV6A-B) 192.8 (476) 4 (10) 12 (29.5) 209 (516)
----------------------------------------------------------------------------------------------------------------
Illinois River Forks State Park 17 (42) 24.8 (60) 13.8 (34) 55 (136)
(IV7)
----------------------------------------------------------------------------------------------------------------
Woodcock Mountain (IV8) 336.9 (832.5) ..... 10.7 (26.5) 348 (859)
----------------------------------------------------------------------------------------------------------------
Riverwash (IV9) 7.4 (18.3) 0.6 (1.5) 4.1 (10.2) 12 (30)
----------------------------------------------------------------------------------------------------------------
French Flat North (IV10) 34.8 (86) ..... 9.8 (24.3) 45 (110)
----------------------------------------------------------------------------------------------------------------
Rough and Ready Creek (IV11) 31.6 (78) ..... 29.7 (73.5) 61 (152)
----------------------------------------------------------------------------------------------------------------
French Flat Middle (IV12) 351.5 (868.6) ..... 277.2 (685) 617 (1,524)
----------------------------------------------------------------------------------------------------------------
Indian Hill (IV12) 3.1 (7.7) ..... 15.1 (37.3) 18 (45)
----------------------------------------------------------------------------------------------------------------
Waldo (IV14) 16.4 (40.6) ..... 28.9 (59) 40 (100)
----------------------------------------------------------------------------------------------------------------
Total Area 1,215.9 (3,006.3) 29.4 (71.5) 601.3 (1,472.8) 1829 (4,521)
----------------------------------------------------------------------------------------------------------------

Effects of Critical Habitat Designation

Section 7 Consultation
Section 7(a)(2) of the Act requires Federal agencies, including the
Service, to ensure that actions they fund, authorize, or carry out are
not likely to destroy or adversely modify critical habitat. However,
decisions by the courts of appeals for the Fifth and Ninth Circuits
have invalidated our regulatory definition of ``destruction or adverse
modification'' (50 CFR 402.02) (see Gifford Pinchot Task Force v. U.S.
Fish and Wildlife Service, 378 F. 3d 1059 (9th Cir 2004) and Sierra
Club v. U.S. Fish and Wildlife Service et al., 245 F.3d 434, 442F (5th
Cir 2001)). Instead, we rely upon the statutory provisions of the Act
to make that determination. Under the statutory provisions of the Act,
the key factor in determining whether an action will destroy or
adversely modify critical habitat is whether, with implementation of
the proposed Federal action, the affected critical habitat would remain
functional (or retain those PCEs that relate to the ability of the area
to support the species) to serve its intended conservation role for the
species.
Section 7(a) of the Act requires Federal agencies, including the
Service, 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 proposed or designated. Regulations
implementing this interagency cooperation provision of the Act are
codified at 50 CFR part 402.
Section 7(a)(4) of the Act requires Federal agencies to confer with
the Service on any action that is likely to jeopardize the continued
existence of a species proposed for listing or result in destruction or
adverse modification of proposed critical habitat. This is a procedural
requirement only, as any conservation recommendations in a conference
report or opinion are strictly advisory. However, once proposed species
become listed, or proposed critical habitat is designated as final, the
full prohibitions of section 7(a)(2) of the Act apply to any Federal
action. The primary utility of the conference procedures is to maximize
the opportunity for a Federal agency to adequately consider proposed
species and critical habitat and avoid potential delays in implementing
their proposed action as a result of the section 7(a)(2) compliance
process, should those species be listed or the critical habitat
designated.
We may conduct conferences either informally or formally. We
typically use informal conferences as a means of providing advisory
conservation recommendations to assist the agency in eliminating
conflicts that the proposed action may cause with respect to the
proposed critical habitat. We typically use formal conferences when the
Federal agency or the Service believes the proposed action is likely to
adversely affect a species proposed for listing or degrade proposed
critical habitat in some manner.
We generally provide the results of an informal conference in a
conference report, while we provide the results of a formal conference
in a conference opinion. We typically prepare conference opinions on
proposed critical habitat in accordance with procedures contained at 50
CFR 402.14, as if the proposed critical habitat was already designated.
If no substantial new information or changes in the action alter the
content of the opinion, we may adopt the conference opinion as the
biological opinion when the critical habitat is designated (see 50 CFR
402.10(d)).
If a species is listed or critical habitat is designated, section
7(a)(2) of the Act 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. Activities on State, tribal, local, or private
lands requiring a Federal permit (such as a permit from the U.S. Army
Corps of Engineers under section 404 of the Clean Water Act (33 U.S.C.
1251 et seq.) or a permit from us under section 10 of the Act) or
involving some other Federal action (such as funding from the Federal
Highway

[[Page 37333]]

Administration, Federal Aviation Administration, or the Federal
Emergency Management Agency) are subject to the section 7(a)(2)
consultation process. Federal actions not affecting listed species or
critical habitat, and actions on State, tribal, local, or private lands
that are not federally funded, authorized, or permitted, do not require
section 7(a)(2) consultations.
If a Federal action may affect a listed species or its critical
habitat, the responsible Federal agency (action agency) must enter into
consultation with us. At the conclusion of this consultation, the
Service will issue either:
(1) a concurrence letter for Federal actions that may affect, but
are not likely to adversely affect, listed species or critical habitat;
or
(2) a biological opinion for Federal actions that may affect, but
are likely to adversely affect, listed species or critical habitat.
If we issue a biological opinion concluding that a project is
likely to result in jeopardy to a listed species or the destruction or
adverse modification of critical habitat, we also provide reasonable
and prudent alternatives to the project, if any are identifiable, to
avoid these outcomes. We define ``reasonable and prudent alternatives''
at 50 CFR 402.02 as alternative actions identified during consultation
that:
Can be implemented in a manner consistent with the
intended purpose of the action,
Can be implemented consistent with the scope of the
Federal agency's legal authority and jurisdiction,
Are economically and technologically feasible, and
Would, in the Director's opinion, avoid jeopardizing the
continued existence of the listed species or destroying or adversely
modifying critical habitat.
Reasonable and prudent alternatives can vary from slight project
modifications to extensive redesign or relocation of the project. Costs
associated with implementing a reasonable and prudent alternative are
similarly variable.
Regulations at 50 CFR 402.16 require Federal agencies to reinitiate
consultation on previously reviewed actions in instances where a new
species is listed or critical habitat is subsequently designated that
may be affected and the Federal agency has retained discretionary
involvement or control over the action. Consequently, some Federal
agencies may need to request reinitiation of consultation with us on
actions for which formal consultation has been completed, if those
actions with discretionary involvement may affect subsequently listed
species or designated critical habitat.

Application of the Jeopardy and Adverse Modification Standards

Jeopardy Standard

Currently, the Service applies an analytical framework for
Limnanthes floccosa ssp. grandiflora and Lomatium cookii jeopardy
analyses that relies heavily on the importance of known populations to
the species' survival and recovery. The section 7(a)(2) of the Act
analysis is focused not only on these populations but also on the
habitat conditions necessary to support them.
The jeopardy analysis usually expresses the survival and recovery
needs of Limnanthes floccosa ssp. grandiflora and Lomatium cookii in a
qualitative fashion without making distinctions between what is
necessary for survival and what is necessary for recovery. Generally,
the jeopardy analysis focuses on the range-wide statuses of L. f. ssp.
grandiflora and Lomatium cookii, respectively, the factors responsible
for that condition, and what is necessary for each species to survive
and recover. An emphasis is also placed on characterizing the
conditions of L. f. ssp. grandiflora and Lomatium cookii in the area
affected by the proposed Federal action and the role of affected
populations in the survival and recovery of L. f. ssp. grandiflora and
Lomatium cookii. That context is then used to determine the
significance of adverse and beneficial effects of the proposed Federal
action and any cumulative effects for purposes of making the jeopardy
determination.

Adverse Modification Standard

The key factor related to the adverse modification determination is
whether, with implementation of the proposed Federal action, the
affected critical habitat would continue to serve its intended
conservation role for the species. Generally, the conservation role of
Limnanthes floccosa ssp. grandiflora and Lomatium cookii critical
habitat units is to support the various life-history needs and provide
for the conservation of the species. Activities that may destroy or
adversely modify critical habitat are those that alter the PCEs to an
extent that appreciably reduces the conservation value of critical
habitat for L. f. ssp. grandiflora and Lomatium cookii.
Section 4(b)(8) of the Act requires us to briefly evaluate and
describe in any proposed or final regulation that designates critical
habitat those activities involving a Federal action that may destroy or
adversely modify such habitat, or that may be affected by such
designation. Activities that may destroy or adversely modify critical
habitat may also jeopardize the continued existence of the species.
Activities that, when carried out, funded, or authorized by a
Federal agency, may affect critical habitat and therefore result in
consultation for Limnanthes floccosa ssp. grandiflora and Lomatium
cookii include, but are not limited to:
(1) Actions that would result in ground disturbance to vernal pool-
mounded prairie and seasonally wet meadow habitat. Such activities
could include, but are not limited to: residential or recreational
development, ORV activity, dispersed recreation, new road construction
or widening, existing road maintenance, and incompatible grazing
practices (such as grazing during the winter, when pools are wet and
most likely to be subjected to disruption of the underlying clay
layer). These activities could cause direct loss of Limnanthes floccosa
ssp. grandiflora and Lomatium cookii-occupied areas, and affect vernal
pools and wet meadows by damaging or eliminating habitat, altering soil
composition due to increased erosion, and increasing densities of
nonnative plant species.
In addition, changes in soil composition may lead to changes in the
vegetation composition, such as growth of shrub cover resulting in
decreased density or vigor of individual Limnanthes floccosa ssp.
grandiflora and Lomatium cookii plants. These activities may also lead
to changes in water flows and inundation periods that would degrade,
reduce, or eliminate the habitat necessary for the growth and
reproduction of L. f. ssp. grandiflora and Lomatium cookii.
(2) Actions that would significantly alter the hydrological regime
of the vernal pool-mounded prairie and wet meadow habitat. Such
activities could include residential or recreational development
adjacent to meadows, ORV activity, dispersed recreation, new road
construction or widening, and existing road maintenance. These
activities could alter surface soil layers and hydrological regime in a
manner that promotes loss of soil matrix components and moisture
necessary to support the growth and reproduction of Limnanthes floccosa
ssp. grandiflora and Lomatium cookii.
(3) Actions that would significantly reduce pollination or seed set
(reproduction). Such activities could include, but are not limited to,

[[Page 37334]]

residential or recreational development, and grazing or mowing prior to
seed set. These activities could prevent reproduction by removal or
destruction of reproductive plant parts.
We consider all of the units proposed as critical habitat to
contain the physical and biological features essential to the
conservation of Limnanthes floccosa ssp. grandiflora and Lomatium
cookii. All units are within the geographic range of the species and,
with the possible exception of unit RV1, which has not been surveyed
recently, are currently occupied by either L. f. ssp. grandiflora or
Lomatium cookii or both. To ensure that their actions do not jeopardize
the continued existence of L. f. ssp. grandiflora and Lomatium cookii,
Federal agencies already consult with us on activities in areas
currently occupied by the two plant species, or in unoccupied areas if
the species may be affected by the action.

Exemptions

Application of Section 4(a)(3) of the Act
The Sikes Act Improvement Act of 1997 (Sikes Act) (16 U.S.C. 670a)
required each military installation that includes land and water
suitable for the conservation and management of natural resources to
complete an integrated natural resources management plan (INRMP) by
November 17, 2001. An INRMP integrates implementation of the military
mission of the installation with stewardship of the natural resources
found on the base. Each INRMP includes:
An assessment of the ecological needs on the installation,
including the need to provide for the conservation of listed species;
A statement of goals and priorities;
A detailed description of management actions to be
implemented to provide for these ecological needs; and
A monitoring and adaptive management plan.
Among other things, each INRMP must, to the extent appropriate and
applicable, provide for fish and wildlife management; fish and wildlife
habitat enhancement or modification; wetland protection, enhancement,
and restoration where necessary to support fish and wildlife; and
enforcement of applicable natural resource laws.
The National Defense Authorization Act for Fiscal Year 2004 (Public
Law No. 108-136) amended the Endangered Species Act to limit areas
eligible for designation as critical habitat. Specifically, section
4(a)(3)(B)(i) of the Act (16 U.S.C. 1533(a)(3)(B)(i)) now provides:
``The Secretary shall not designate as critical habitat any lands or
other geographical areas owned or controlled by the Department of
Defense, or designated for its use, that are subject to an integrated
natural resources management plan prepared under section 101 of the
Sikes Act (16 U.S.C. 670a), if the Secretary determines in writing that
such plan provides a benefit to the species for which critical habitat
is proposed for designation.''
There are no Department of Defense lands with a completed INRMP
within the proposed critical habitat designation. Therefore, there are
no specific lands that meet the criteria for being exempted from the
designation of critical habitat pursuant to section 4(a)(3) of the Act.

Exclusions

Application of Section 4(b)(2) of the Act
Section 4(b)(2) of the Act states that the Secretary must designate
or make revisions to critical habitat on the basis of the best
available scientific data after taking into consideration the economic
impact, national security impact, and any other relevant impacts of
specifying any particular area as critical habitat. The Secretary may
exclude an area from critical habitat if he determines that the
benefits of such exclusion outweigh the benefits of specifying such
area as part of the critical habitat, unless he determines, based on
the best scientific data available, that the failure to designate such
area as critical habitat will result in the extinction of the species.
In making that determination, the legislative history is clear that the
Secretary has broad discretion regarding which factor(s) to use and how
much weight to give to any factor.
Under section 4(b)(2) of the Act, in considering whether to exclude
a particular area from the designation, we must identify the benefits
of including the area in the designation, identify the benefits of
excluding the area from the designation, and determine whether the
benefits of exclusion outweigh the benefits of inclusion. If, based on
this analysis, we determine that the benefits of exclusion outweigh the
benefits of inclusion, we can exclude the area only if such exclusion
would not result in the extinction of the species.
Under section 4(b)(2) of the Act, we must consider all relevant
impacts, including economic impacts. In addition to economic impacts,
we consider a number of factors in a section 4(b)(2) analysis. For
example, we consider whether there are lands owned by the Department of
Defense (DOD) where a national security impact might exist. We also
consider whether landowners or other public agencies have developed any
Habitat Conservation Plans (HCPs) for the area, or whether there are
conservation partnerships that would be encouraged or discouraged by
designation of, or exclusion from, critical habitat in an area. In
addition, we look at the presence of tribal lands or Tribal Trust
resources that might be affected, and consider the government-to-
government relationship of the United States with the tribal entities.
We also consider any social impacts that might occur because of the
designation. To ensure our final determination is based on the best
available information, we are inviting comments on any foreseeable
economic, national security, or other potential impacts resulting from
this proposed designation of critical habitat from governmental,
business, or private interests, and in particular, any potential
impacts on small entities.
We are aware of several draft and one final management plan on
lands owned by public agencies. We will consider for exclusion under
section 4(b)(2) of the Act any existing management plans located within
proposed critical habitat units, including the BOR Agate Lake
Management Plan, any State agency management plans, management plans on
any Medford District BLM locations occupied by Lomatium cookii, and
other privately or publicly managed lands about which we receive more
information during the 60-day comment period.
We are preparing an analysis of the potential economic impacts of
the proposed designation of critical habitat for Limnanthes floccosa
ssp. grandiflora and Lomatium cookii. We will announce the availability
of the draft economic analysis as soon as it is completed, at which
time we will seek public review and comment. At that time, copies of
the draft economic analysis will be available for downloading from the
Internet at http://www.regulations.gov, or from the Oregon Fish and
Wildlife Office (see FOR FURTHER INFORMATION CONTACT). We may exclude
areas from the final rule based on the information in the economic
analysis.
At this time, we are not proposing any specific exclusions of areas
from critical habitat under section 4(b)(2) of the Act for Limnanthes
floccosa ssp. grandiflora and Lomatium cookii. We will consider any
available information about areas covered by conservation or management
plans that we should consider for exclusion from the designation under
section 4(b)(2) of the Act including whether the benefit of exclusion
of

[[Page 37335]]

those lands would outweigh the benefits of their inclusion. We
specifically request any information on any operative or draft habitat
conservation plans for L. f. ssp. grandiflora and Lomatium cookii that
have been prepared under section 10(a)(1)(B) of the Act, or any other
management or other conservation plans or agreements that benefits
either plant or their PCEs.

Peer Review

In accordance with our joint policy published in the Federal
Register on July 1, 1994 (59 FR 34270), we are obtaining the expert
opinions of at least three appropriate and independent specialists
regarding this proposed rule. The purpose of peer review is to ensure
that our critical habitat designation is based on scientifically sound
data, assumptions, and analyses. We have invited these peer reviewers
to comment during this public comment period on our specific
assumptions and conclusions in this proposed designation of critical
habitat.
We will consider all comments and information we receive during
this comment period on this proposed rule during our preparation of a
final determination. Accordingly, our final decision may differ from
this proposal.

Public Hearings

The Act provides for one or more public hearings on this proposal,
if any request for public hearings is received within 45 days of
publication of this proposal. Send your request to the address listed
in FOR FURTHER INFORMATION CONTACT. We will schedule public hearings on
this proposal, if any are requested, and announce the dates, times, and
places of those hearings, as well as how to obtain reasonable
accommodations, in the Federal Register and local newspapers at least
15 days before the first hearing.

Required Determinations

Regulatory Planning and Review

The Office of Management and Budget (OMB) has determined that this
rule is not significant under Executive Order (E.O.) 12866. OMB bases
its determination upon the following four criteria:
1. Whether the rule will have an annual effect of $100 million or
more on the economy or adversely affect an economic sector,
productivity, jobs, the environment, or other units of the government.
2. Whether the rule will create inconsistencies with other Federal
agencies' actions.
3. Whether the rule will materially affect entitlements, grants,
user fees, loan programs, or the rights and obligations of their
recipients.
4. Whether the rule raises novel legal or policy issues.

Regulatory Flexibility Act (5 U.S.C. 601 et seq.)

Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq., as
amended by the Small Business Regulatory Enforcement Fairness Act
(SBREFA) of 1996), whenever an agency is required to publish a notice
of rulemaking for any proposed or final rule, it must prepare and make
available for public comment a regulatory flexibility analysis that
describes the effects of the rule on small entities (such as small
businesses, small organizations, and small government jurisdictions).
However, no regulatory flexibility analysis is required if the head of
the agency certifies the rule will not have a significant economic
impact on a substantial number of small entities. The SBREFA amended
the Regulatory Flexibility Act (RFA) to require Federal agencies to
provide a statement of the factual basis for certifying that the rule
will not have a significant economic impact on a substantial number of
small entities.
At this time, the Service lacks the available economic information
necessary to provide an adequate factual basis for the required RFA
finding. Therefore, the RFA finding is deferred until completion of the
draft economic analysis prepared pursuant to section 4(b)(2) of the Act
and E.O. 12866. This draft economic analysis will provide the required
factual basis for the RFA finding. Upon completion of the draft
economic analysis, the Service will publish a notice of availability of
the draft economic analysis of the proposed designation and reopen the
public comment period for the proposed designation. The Service will
include with the notice of availability, as appropriate, an initial
regulatory flexibility analysis or a certification that the rule will
not have a significant economic impact on a substantial number of small
entities accompanied by the factual basis for that determination. The
Service has concluded that deferring the RFA finding until completion
of the draft economic analysis is necessary to meet the purposes and
requirements of the RFA. Deferring the RFA finding in this manner will
ensure that the Service makes a sufficiently informed determination
based on adequate economic information and provides the necessary
opportunity for public comment.

Unfunded Mandates Reform Act (2 U.S.C. 1501 et seq.)

In accordance with the Unfunded Mandates Reform Act (2 U.S.C.
1501), the Service makes the following findings:
(a) This rule will not produce a Federal mandate. In general, a
Federal mandate is a provision in legislation, statute, or regulation
that would impose an enforceable duty upon State, local, tribal
governments, or the private sector and includes both ``Federal
intergovernmental mandates'' and ``Federal private sector mandates.''
These terms are defined in 2 U.S.C. 658(5)-(7). ``Federal
intergovernmental mandate'' includes a regulation that ``would impose
an enforceable duty upon State, local, or tribal governments'' with two
exceptions. It excludes ``a condition of Federal assistance.'' It also
excludes ``a duty arising from participation in a voluntary Federal
program,'' unless the regulation ``relates to a then-existing Federal
program under which $500,000,000 or more is provided annually to State,
local, and tribal governments under entitlement authority,'' if the
provision would ``increase the stringency of conditions of assistance''
or ``place caps upon, or otherwise decrease, the Federal Government's
responsibility to provide funding,'' and the State, local, or tribal
governments ``lack authority'' to adjust accordingly. At the time of
enactment, these entitlement programs were: Medicaid; AFDC work
programs; Child Nutrition; Food Stamps; Social Services Block Grants;
Vocational Rehabilitation State Grants; Foster Care, Adoption
Assistance, and Independent Living; Family Support Welfare Services;
and Child Support Enforcement. ``Federal private sector mandate''
includes a regulation that ``would impose an enforceable duty upon the
private sector, except (i) a condition of Federal assistance or (ii) a
duty arising from participation in a voluntary Federal program.''
The designation of critical habitat does not impose a legally
binding duty on non-Federal government entities or private parties.
Under the Act, the only regulatory effect is that Federal agencies must
ensure that their actions do not destroy or adversely modify critical
habitat under section 7. While non-Federal entities that receive
Federal funding, assistance, or permits, or that otherwise require
approval or authorization from a Federal agency for an action, may be
indirectly affected by the designation of critical habitat, the legally
binding duty to avoid destruction or adverse modification of

[[Page 37336]]

critical habitat rests squarely on the Federal agency. Furthermore, to
the extent that non-Federal entities are indirectly affected because
they receive Federal assistance or participate in a voluntary Federal
aid program, the Unfunded Mandates Reform Act would not apply; nor
would critical habitat shift the costs of the large entitlement
programs listed above on to State governments.
(b) We do not believe that this rule will significantly or uniquely
affect small governments because small governments will be affected
only to the extent that any programs having Federal funds, permits, or
other authorized activities must ensure that their actions will not
adversely affect the critical habitat. Therefore, a Small Government
Agency Plan is not required. However, as we conduct our economic
analysis, we will further evaluate this issue and revise this
assessment if appropriate.

Takings

In accordance with E.O. 12630 (Government Actions and Interference
with Constitutionally Protected Private Property Rights), we have
analyzed the potential takings implications of designating critical
habitat for each of the two species in a takings implications
assessment. The takings implications assessment concludes that this
designation of critical habitat for Limnanthes floccosa ssp.
grandiflora and Lomatium cookii does not pose significant takings
implications for lands within or affected by the proposed designation.

Federalism

In accordance with E.O. 13132 (Federalism), this proposed rule does
not have significant Federalism effects. A Federalism assessment is not
required. In keeping with Department of the Interior policy, we
requested information from, and coordinated development of, this
proposed critical habitat designation with appropriate State resource
agencies in Oregon. The designation of critical habitat for Limnanthes
floccosa ssp. grandiflora and Lomatium cookii would impose no
additional restrictions to those currently in place and, therefore,
would have little incremental impact on State and local governments and
their activities. The designation may have some benefit to these
governments because the areas that contain the features essential for
the conservation of the species would be more clearly defined, and the
primary constituent elements of the habitat necessary to the
conservation of the species would be specifically identified. This
information would not alter where and what federally sponsored
activities may occur. However, it may assist local governments in long-
range planning (rather than having them wait for case-by-case section 7
consultations to occur).

Civil Justice Reform

In accordance with E.O. 12988 (Civil Justice Reform), the Office of
the Solicitor has determined that the rule does not unduly burden the
judicial system and that it meets the requirements of sections 3(a) and
3(b)(2) of the Order. We have issued this proposed critical habitat
designation in accordance with the provisions of the Act. This proposed
rule identifies the primary constituent elements within the designated
areas to assist the public in understanding the habitat needs of each
of the species being considered in this proposed rule.

Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.)

This rule does not contain any new collections of information that
require approval by OMB under the Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.). This rule will not impose recordkeeping or
reporting requirements on State or local governments, individuals,
businesses, or organizations. 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 OMB control number.

National Environmental Policy Act (NEPA)

It is our position that, outside the jurisdiction of the United
States Court of Appeals for the Tenth Circuit, we do not need to
prepare environmental analyses as defined by NEPA (42 U.S.C. 4321 et
seq.) in connection with designating critical habitat under the Act. We
published a notice outlining our reasons for this determination in the
Federal Register on October 25, 1983 (48 FR 49244). This position was
upheld by the United States Court of Appeals for the Ninth Circuit
(Douglas County v. Babbitt, 48 F.3d 1495 (9th Cir. 1995), cert. denied
516 U.S. 1042 (1996)).

Clarity of the Rule

We are required by E.O. 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:
(a) Be logically organized;
(b) Use the active voice to address readers directly;
(c) Use clear language rather than jargon;
(d) Be divided into short sections and sentences; and
(e) 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 the ADDRESSES section. 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.

Government-to-Government Relationship with Tribes

In accordance with the President's memorandum of April 29, 1994,
Government-to-Government Relations with Native American Tribal of the
Interior's manual at 512 DM 2, we readily acknowledge our
responsibility to communicate meaningfully with recognized Federal
tribes on a government-to-government basis. In accordance with
Secretarial Order 3206 of June 5, 1997 (American Indian Tribal Rights,
Federal-Tribal Trust Responsibilities, and the Endangered Species Act),
we readily acknowledge our responsibilities to work directly with
tribes in developing programs for healthy ecosystems, to acknowledge
that tribal lands are not subject to the same controls as Federal
public lands, to remain sensitive to Indian culture, and to make
information available to tribes. We have determined that there are no
tribal lands that were occupied by Limnanthes floccosa ssp. grandiflora
and Lomatium cookii at the time of listing that contain the features
essential for the conservation of the species, and no tribal lands that
are in unoccupied areas that are essential for the conservation of the
species. Therefore, this proposed designation of critical habitat does
not involve any tribal lands.

Energy Supply, Distribution, or Use

Executive Order 13211 (Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use) requires
agencies to prepare Statements of Energy Effects when undertaking
certain actions. This proposed rule to designate critical habitat for
Limnanthes floccosa ssp. grandiflora and Lomatium cookii is not
expected to significantly affect energy supplies, distribution, or use.
Therefore, this action is not a significant energy action, and no
Statement of Energy Effects is required. However, we will further
evaluate this issue as we

[[Page 37337]]

conduct our economic analysis, and revise this assessment as warranted.

References Cited

A complete list of all references cited in this rulemaking is
available upon request from the State Supervisor, Oregon Fish and
Wildlife Office (see FOR FURTHER INFORMATION CONTACT section) or from
http://www.regulations.gov.

Author(s)

The primary authors of this document are the staff of the Roseburg
Field Office of the Oregon Fish and Wildlife Office.

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. In Sec. 17.12(h), revise the entries for Limnanthes floccosa
ssp. grandiflora and Lomatium cookii under ``FLOWERING PLANTS'' in the
List of Endangered and Threatened Plants to read as follows:

Sec. 17.12 Endangered and threatened plants.

* * * * *
(h) * * *

--------------------------------------------------------------------------------------------------------------------------------------------------------
Species
------------------------------------------------ Historic range Family Status When listed Critical Special rules
Scientific name Common name habitat
--------------------------------------------------------------------------------------------------------------------------------------------------------
Flowering Plants ...............
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * * ...............
--------------------------------------------------------------------------------------------------------------------------------------------------------
Limnanthes floccosa ssp. large-flowered U.S.A. (OR) Limnanthaceae E 733 17.96(a) NA
grandiflora woolly
meadowfoam
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * * ...............
--------------------------------------------------------------------------------------------------------------------------------------------------------
Lomatium cookii Cook's lomatium U.S.A. (OR) Apiaceae E 733 17.96(a) NA
(Cook's desert
parsley)
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * * ...............
--------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * *
3. Amend Sec. 17.96(a) by adding an entry for ``Lomatium cookii''
in alphabetical order under Family Apiaceae and by adding an entry for
``Limnanthes floccosa ssp. grandiflora'' in alphabetical order under
Family Limnanthaceae to read as follows:

Sec. 17.96 Critical habitat--plants.

* * * * *
(a) Flowering plants.
* * * * *

Family Apiaceae: Lomatium cookii (Cook's lomatium)

(1) Critical habitat units for Lomatium cookii are depicted for
Jackson and Josephine Counties, Oregon, on the maps below.
(2) The primary constituent elements for Lomatium cookii are:
(i) In the Agate Desert, vernal pools and ephemeral wetlands and
the adjacent upland margins of these depressions that hold water for a
sufficient length of time to sustain Lomatium cookii germination,
growth, and reproduction. These vernal pools or ephemeral wetlands
support native plant populations and are seasonally inundated during
wet years but do not necessarily fill with water every year due to
natural variability in rainfall. Areas of sufficient size and quality
are likely to have the following characteristics:
(A) Elevations from 372 to 411 m (1,220 to 1,350 ft);
(B) Associated dominant native plants including, not limited to:
Alopecurus geniculatus, Deschampsia danthonioides, Eryngium petiolatum,
Lasthenia californica, Myosurus minimus, Navarretia leucocephala ssp.
leucocephala, Phlox gracilis, Plagiobothrys bracteatus, Trifolium
depauperatum, and Triteleia hyacinthina; and
(C) A minimum area of 8 ha (20 ac) to provide intact hydrology and
protection from development and weed sources.
(ii) In the Illinois River Valley, wet meadows in Oregon Oak and
pine forests that are seasonally inundated and support native plant
populations. Areas of sufficient size and quality are likely to have
the following characteristics:
(A) Elevations between from 383 to 488 m (1,256 to 1,600 ft);
(B) Associated dominant native plants including, not limited to
Achnatherum lemmonii, Camassia spp., Danthonia californica, Deschampsia
cespitosa, Festuca roemeri, Poa secunda, Ranunculus occidentalis, and
Limnanthes gracilis var. gracilis;
(C) Occur primarily in bottomland Quercus garryana-Quercus
kelloggii-Pinus ponderosa (Oregon white oak-California black oak-
ponderosa pine) forest openings along seasonal creeks; and
(D) A minimum area of 12 ha (30 ac) to provide intact hydrology and
protection from development and weed sources.
(iii) In the Agate Desert, the hydrologically and ecologically
functional system of interconnected pools or ephemeral wetlands or
depressions within a matrix of surrounding uplands that together form
vernal pool complexes within the greater watershed. The associated
features may include the pool basin and ephemeral wetlands; an intact
hardpan subsoil underlying the surface soils up to 0.75 m (2.5 ft); and
surrounding uplands, including mound topography and other geographic
and edaphic features that support systems of hydrologically
interconnected pools and other ephemeral wetlands (which may vary in
extent depending on site-specific characteristics of pool size and
depth, soil type, and hardpan depth).
(iv) In the Illinois Valley, the hydrologically and ecologically

[[Page 37338]]

functional system of streams, slopes and wooded systems that surround
and maintain seasonally wet alluvial meadows underlain by relatively
undisturbed ultramafic soils within the greater watershed.
(v) In the Agate Desert, silt, loam, and clay soils that are of
ultramafic and nonultramafic alluvial origin, with a 0 to 3 percent
slope, classified as Agate-Winlo or Provig-Agate soils.
(vi) In the Illinois Valley, silt, loam, and clay soils that are of
ultramafic and nonultramafic alluvial origin, with a 0 to 30 percent
slope, classified as Abegg gravelly loam, Brockman clay loam, Copsey
clay, Cornut-Dubakel complex, Dumps, Eightlar extremely stony clay,
Evans loam, Foehlin gravelly loam, Josephine gravelly loam, Kerby loam,
Newberg fine sandy loam, Pearsoll-Rock outcrop complex, Pollard loam,
Riverwash, Speaker-Josephine gravelly loam, Takilma cobbly loam, or
Takilma Variant extremely cobbly loam.
(vii) No or negligible presence of competitive nonnative invasive
plant species. (In this usage, ``negligible'' means a minimal level of
nonnative plant species that will still allow Lomatium cookii to
continue to survive and recover.)
(3) Critical habitat does not include manmade structures
(including, but not limited to, buildings, aqueducts, runways, roads,
and other paved areas) and the land on which they are located existing
within the legal boundaries on the effective date of this rule and not
containing one or more of the primary constituent elements.
(4) Critical habitat map units. These critical habitat units were
mapped using Universal Transverse Mercator, Zone 10, North American
Datum 1983 (UTM NAD 83) coordinates. These coordinates establish the
vertices and endpoints of the boundaries of the units.
(5) Note: Jackson County Index Map for critical habitat for
Lomatium cookii follows:
BILLING CODE 4310-55-S

[[Page 37339]]

[GRAPHIC] [TIFF OMITTED] TP28JY09.000

[[Page 37340]]

(6) Unit RV6, subunits A, F, G, and H for Lomatium cookii: White
City, Jackson County, Oregon.
(i) Unit RV6 for Lomatium cookii consists of 608 ha (1,503 ac) of
intact vernal pool-mounded prairie and swale habitats. RV6 is located
around White City, is 1.6 km (1.0 mi) southwest of Eagle Point, and is
440 m (1,444 ft) southeast of the confluence of the Rogue River and
Little Butte Creek. Subunit RV6A is located north of Whetstone Creek
and is 500 m (1,200 ft) west of the junction of Highway 62 and Antelope
Road. Subunits RV6F and RV6G are located approximately 500 feet west of
Dry Creek and are east of Highway 62 in White City. Subunit RV6H is
located north of Whetstone Creek and south of Antelope Road. Subunit
RV6H roughly encircles the Hoover Ponds, east of Highway 62, and is 850
m (2790 ft) east of subunit RV6A.
(ii) Note: Map of Unit RV6 Critical Habitat for Lomatium cookii
follows:

[[Page 37341]]

[GRAPHIC] [TIFF OMITTED] TP28JY09.001

[[Page 37342]]

(7) Unit RV8 for Lomatium cookii: Whetstone Creek, Jackson County,
Oregon.
(i) Unit RV8 for Lomatium cookii consists of 362 ha (896 ac) of
intact vernal pool-mounded prairie and swale habitat. Unit RV8 is
located approximately 1.4 km (0.9 mi) southeast of the confluence of
the Rogue River and Whetstone Creek, 2.2 km (1.4 mi) southwest of Tou
Velle State Park, and 2.9 km southeast of the confluence of Bear Creek
and the Rogue River. The unit roughly parallels a 2.6 km (1.6 mi)
stretch of Whetstone Creek to the south.
(ii) Note: Map of Unit RV8 Critical Habitat for Lomatium cookii
follows:

[[Page 37343]]

[GRAPHIC] [TIFF OMITTED] TP28JY09.002

[[Page 37344]]

(8) Unit RV9 for Lomatium cookii: Medford Airport, Jackson County,
Oregon.
(i) Unit RV9 consists of 77 ha (190 ac) of slightly degraded vernal
pool-mounded prairie habitat. The two subunits of RV9 are located
mostly within the Rogue Valley International - Medford Airport,
approximately 2 km (1.2 mi) west of Coker Butte and 1.5 km (0.9 mi)
northeast of Bear Creek. Subunit RV9A is located 1.4 km (0.9 mi) north
of the Rogue Valley International - Medford Airport and is 300 m (980
ft) east of the junction of Vilas Road and Table Rock Road. Subunit
RV9B is between Upton Slough and Bear Creek and 1.7 km northeast of the
junction of Interstate 5 and Highway 62.
(ii) Note: Map of Unit RV9 Critical Habitat for Lomatium cookii
follows:

[[Page 37345]]

[GRAPHIC] [TIFF OMITTED] TP28JY09.003

[[Page 37346]]

(9) Note: Josephine County Index Map for critical habitat for
Lomatium cookii follows:
[GRAPHIC] [TIFF OMITTED] TP28JY09.004

[[Page 37347]]

(10) Unit IV1 for Lomatium cookii: Anderson Creek, Josephine
County, Oregon.
(i) Unit IV1 consists of 53 ha (132 ac) of intact wet meadow
habitat. It is located 3.5 km (2.2 mi) north of Selma, 14 km (8.8 mi)
north of Cave Junction, along a 1.0 km (0.6 mi) stretch of Anderson
Creek and Highway 199, 2.0 km (1.2 mi) southwest of Hays Hill Summit,
and is 1.7 km (1.0 mi) northwest of the junction of Draper Valley Road
and Indian Creek Road.
(ii) Note: Map of Unit IV1 Critical Habitat for Lomatium cookii
follows:

[[Page 37348]]

[GRAPHIC] [TIFF OMITTED] TP28JY09.005

[[Page 37349]]

(11) Unit IV2 for Lomatium cookii: Draper Creek, Josephine County,
Oregon.
(i) Unit IV2 is composed of 39 ha (97 ac) of intact wet meadow
habitat. It is located 2.7 km (1.7 mi) northeast of Selma, 13.5 km (8.4
mi) north of Cave Junction, along a 900 m (2,900 ft) stretch of Draper
Creek, located 800 m (2,600 ft) east of Anderson Creek. The unit is 800
m (2,600 ft) north-northwest of the confluence of Draper Creek and
Davis Creek and is 200 m (650 ft) southeast of the junction of Draper
Valley Road and Indian Creek Road.
(ii) Note: Map of Unit IV2 Critical Habitat for Lomatium cookii
follows:

[[Page 37350]]

[GRAPHIC] [TIFF OMITTED] TP28JY09.006

[[Page 37351]]

(12) Unit IV3 for Lomatium cookii: Reeves Creek North, Josephine
County, Oregon.
(i) Unit IV3 consists of 105 ha (260 ac) of wet meadow habitat. The
unit is located 1.4 km (0.9 mi) east of the confluence between Reeves
Creek and the Illinois River and extends along a 2.0 km (1.2 mi)
stretch of Reeves Creek, beginning 800 m (2,600 ft) northeast of the
junction of Highway 199 and Reeves Creek Road.
(ii) Note: Map of Unit IV3 Critical Habitat for Lomatium cookii
follows:

[[Page 37352]]

[GRAPHIC] [TIFF OMITTED] TP28JY09.007

[[Page 37353]]

(13) Unit IV4 for Lomatium cookii: Reeves Creek East, Josephine
County, Oregon.
(i) Unit IV4 consists of 69 ha (170 ac) of intact wet meadow
habitat. It is located 6.2 km (3.9 mi) south of Selma and 5.3 km (3.3
mi) northwest of Cave Junction. It occurs along a 500 m (1,640 ft)
stretch of Reeves Creek located 700 m (2,300 ft) southeast of Unit IV3.
(ii) Note: Map of Unit IV4 Critical Habitat for Lomatium cookii
follows:

[[Page 37354]]

[GRAPHIC] [TIFF OMITTED] TP28JY09.008

[[Page 37355]]

(14) Unit IV5 for Lomatium cookii: Reeves Creek South, Josephine
County, Oregon.
(i) Unit IV5 consists of 158 ha (391 ac) of intact wet meadow
habitat. The unit is roughly parallel to Highway 199 for 2.5 km (1.6
mi), which is 500 m (1,640 ft) west of the unit. The unit is located
1.6 km (1.0 mi) north of Cave Junction, 1 km (0.6 mi) southeast of
Sauers Flat, 800 m (2,600 ft) east of Kerby, and 1.2 km (0.7 mi) east
of the confluence between Holton Creek and the Illinois River.
(ii) Note: Map of Unit IV5 Critical Habitat for Lomatium cookii
follows:

[[Page 37356]]

[GRAPHIC] [TIFF OMITTED] TP28JY09.009

[[Page 37357]]

(15) Unit IV6 for Lomatium cookii: Laurel Road, Josephine County,
Oregon.
(i) Unit IV6 totals 209 ha (516 ac) of intact wet meadow habitat.
It is located west and alongside of the base of Lime Rock, 1.2 km (0.7
mi) east of the city of Cave Junction, and follows along Highway 46 for
1.5 km (0.9 mi). Subunit IV6A is located 1.3 km (0.8 mi) west of Lime
Rock summit, 1.0 km east of the junction of Laurel Road and Highway
199, and is roughly parallel to Highway 199 for 1.3 km (0.8 mi), which
lies approximately 1.0 km (0.6 mi) west of the subunit. Subunit IV6B is
2.7 km (1.7 mi) east of the confluence of the east and west forks of
the Illinois River and from the intersection of Holland Loop Road and
Highway 46; it extends approximately 1.8 km (1.1 mi) to the northeast
and 2.7 km (1.7 mi) to the north.
(ii) Note: Map of Unit IV6 Critical Habitat for Lomatium cookii
follows:

[[Page 37358]]

[GRAPHIC] [TIFF OMITTED] TP28JY09.010

[[Page 37359]]

(16) Unit IV7 for Lomatium cookii: Illinois River Forks State Park,
Josephine County, Oregon.
(i) Unit IV7 consists of 55 ha (136 ac) of intact wet meadow
habitat. The unit is located 500 m (1640 ft) west of the city of Cave
Junction, 600 m (1,970 ft) southeast of Pomeroy Dam, and is 230 m (750
ft) east of the confluence of the east and west forks of the Illinois
River. The unit occurs along a 2.8 km (1.7 mi) stretch of the West Fork
Illinois River.
(ii) Note: Map of Unit IV7 Critical Habitat for Lomatium cookii
follows:

[[Page 37360]]

[GRAPHIC] [TIFF OMITTED] TP28JY09.011

[[Page 37361]]

(17) Unit IV8 for Lomatium cookii: Woodcock Mountain, Josephine
County, Oregon.
(i) Unit IV8 consists of 347.5 ha (859 ac) of intact wet meadow
habitat. The unit is located 2.4 km (1.5 mi) southwest of the city of
Cave Junction, 5.3 km (3.3 mi) north of O'Brien, is 140 m (ft) west of
the confluence of Woodcock Creek and the West Fork Illinois River, and
occurs along a 3.3 km (2.0 mi) stretch of West Side Road. Unit IV7 is
400 m (ft) west of Highway 199 and roughly parallels the highway for
5.0 km (3.1 mi).
(ii) Note: Map of Unit IV8 Critical Habitat for Lomatium cookii
follows:

[[Page 37362]]

[GRAPHIC] [TIFF OMITTED] TP28JY09.012

[[Page 37363]]

(18) Unit IV9 for Lomatium cookii: Riverwash, Josephine County,
Oregon.
(i) Unit IV9 consists of 12 ha (30 ac) of intact wet meadow and
streambank habitat. It is located 4.2 km (2.6 mi) south of Cave
Junction, 6.1 km (3.8 mi) north-northeast of O'Brien, and is located
along the east bend of the West Fork Illinois River, 700 m (2,300 ft)
south (upstream) of the confluence between Woodcock Creek and the West
Fork Illinois River.
(ii) Note: Map of Unit IV9 Critical Habitat for Lomatium cookii
follows:

[[Page 37364]]

[GRAPHIC] [TIFF OMITTED] TP28JY09.013

[[Page 37365]]

(19) Unit IV10 for Lomatium cookii: French Flat North, Josephine
County, Oregon.
(i) Unit IV10 consists of 44.5 ha (110 ac) of intact wet meadow
habitat. The unit is located 3.7 km (2.3 mi) south of Cave Junction,
900 m (2,950 ft) north of the intersection of Sherrier Drive and
Raintree Drive, 1.7 km (1.1 mi) southwest of the confluence of Althouse
Creek and the East Fork Illinois River, and parallels a 300 m (980 ft)
stretch of Rockydale Road.
(ii) Note: Map of Unit IV10 Critical Habitat for Lomatium cookii
follows:

[[Page 37366]]

[GRAPHIC] [TIFF OMITTED] TP28JY09.014

[[Page 37367]]

(20) Unit IV11 for Lomatium cookii: Rough and Ready Creek,
Josephine County, Oregon.
(i) Unit IV11 consists of 61.5 ha (152 ac) of intact wet meadow
habitat. The unit roughly follows along and is adjacent to a 1.9 km
(1.2 mi) stretch of Airport Drive, is located 3 km (1.9 mi) north of
O'Brien, 900 m (2,950 ft) west of the Rough and Ready Forest Wayside
State Park, and is 122 m (400 ft) east of the confluence with the
Illinois River and Rough and Ready Creek.
(ii) Note: Map of Unit IV11 Critical Habitat for Lomatium cookii
follows:

[[Page 37368]]

[GRAPHIC] [TIFF OMITTED] TP28JY09.015

[[Page 37369]]

(21) Unit IV12 for Lomatium cookii: French Flat Middle, Josephine
County, Oregon.
(i) Unit IV12 consists of 617 ha (1,524 ac) of intact wet meadow
habitat. The unit is located 4.5 km (2.8 mi) east of Cave Junction, 3.7
km (2.3 mi) northeast of O'Brien, 140 m (460 ft) north of Esterly
Lakes, 1.4 km (0.9 mi) northeast of Indian Hill, 300 m (960 ft) east of
the confluence of Rough and Ready Creek and the West Fork Illinois
River, and follows along a 5.0 km (3.1 mi) stretch of Rockydale Road.
(ii) Note: Map of Unit IV12 Critical Habitat for Lomatium cookii
follows:

[[Page 37370]]

[GRAPHIC] [TIFF OMITTED] TP28JY09.016

[[Page 37371]]

(22) Unit IV13 for Lomatium cookii: Indian Hill, Josephine County,
Oregon.
(i) Unit IV13 consists of 18 ha (45 ac) of intact wet meadow
habitat. The unit is located adjacent to and lies east of a 900 m
(2,950 ft) stretch of the West Fork Illinois River, located
approximately 300 m south (upstream) of the confluence of Rough and
Ready Creek and the West Fork Illinois River. The unit is 1.8 km (1.1
mi) northeast of O'Brien and is 350 m (1,150 ft) northwest of Indian
Hill.
(ii) Note: Map of Unit IV13 Critical Habitat for Lomatium cookii
follows:

[[Page 37372]]

[GRAPHIC] [TIFF OMITTED] TP28JY09.017

[[Page 37373]]

(23) Unit IV14 for Lomatium cookii: Waldo, Josephine County,
Oregon.
(i) Unit IV14 consists of 40 ha (100 ac) of intact wet meadow
habitat. The unit is located 3.4 km (2.1 mi) east-southeast O'Brien,
230 m (750 ft) west of Waldo, 2.4 km (1.5 mi) southeast of Indian Hill,
and is 1.5 km (0.9 mi) southwest of Esterly Lakes.
(ii) Note: Map of Unit IV14 Critical Habitat for Lomatium cookii
follows:

[[Page 37374]]

[GRAPHIC] [TIFF OMITTED] TP28JY09.018

[[Page 37375]]

* * * * *

Family Limnanthaceae: Limnanthes floccosa ssp. grandiflora (large-
flowered woolly meadowfoam)

(1) Critical habitat units for Limnanthes floccosa ssp. grandiflora
are depicted for Jackson County, Oregon, on the maps below.
(2) The primary constituent elements for Limnanthes floccosa ssp.
grandiflora are:
(i) Vernal pools or ephemeral wetlands and the adjacent upland
margins of these depressions that hold water for a sufficient length of
time to sustain Limnanthes floccosa ssp. grandiflora germination,
growth, and reproduction, occurring in the Agate Desert vernal pool
landscape. These vernal pools or ephemeral wetlands are seasonally
inundated during wet years but do not necessarily fill with water every
year due to natural variability in rainfall, and support native plant
populations. Areas of sufficient size and quality are likely to have
the following characteristics:
(A)Elevations from 372 to 469 m (1,220 to 1,540 ft);
(B)Associated dominant native plants including, not limited to:
Alopecurus geniculatus, Deschampsia danthonioides, Eryngium petiolatum,
Lasthenia californica, Myosurus minimus, Navarretia leucocephala ssp.
leucocephala, Phlox gracilis, Plagiobothrys bracteatus, Trifolium
depauperatum, and Triteleia hyacinthine; and
(C)A minimum area of 8 ha (20 ac) to provide intact hydrology and
protection from development and weed sources.
(ii) The hydrologically and ecologically functional system of
interconnected pools or ephemeral wetlands or depressions within a
matrix of surrounding uplands that together form vernal pool complexes
within the greater watershed. The associated features may include the
pool basin or depressions; an intact hardpan subsoil underlying the
surface soils up to 0.75 m (2.5 ft); and surrounding uplands, including
mound topography and other geographic and edaphic features, that
support these systems of hydrologically interconnected pools and other
ephemeral wetlands (which may vary in extent depending on site-specific
characteristics of pool size and depth, soil type and hardpan depth).
(iii) Silt, loam, and clay soils that are of alluvial origin, with
a 0 to 3 percent slope, primarily classified as Agate-Winlo complex
soils, but also including Coker clay, Carney clay, Provig-Agate complex
soils, and Winlo very gravelly loam soils.
(iv) No or negligible presence of competitive nonnative invasive
plant species. (In this usage, ``negligible'' means a minimal level of
nonnative plant species that will still allow Limnanthes floccosa ssp.
grandiflora to continue to survive and recover.)
(3) Critical habitat does not include manmade structures
(including, but not limited to, buildings, aqueducts, runways, roads,
and other paved areas) and the land on which they are located existing
within the legal boundaries on the effective date of this rule and not
containing one or more of the primary constituent elements.
(4) Critical habitat unit maps. These critical habitat units were
mapped using Universal Transverse Mercator, Zone 10, North American
Datum 1983 (UTM NAD 83) coordinates. These coordinates establish the
vertices and endpoints of the boundaries of the units.
(5) Note: Index Map for critical habitat for Limnanthes floccosa
ssp. grandiflora in Jackson County, Oregon, follows:

[[Page 37376]]

[GRAPHIC] [TIFF OMITTED] TP28JY09.019

[[Page 37377]]

(6) Unit RV1 for Limnanthes floccosa ssp. grandiflora: Shady Cove,
Jackson County, Oregon.
(i) Unit RV1 consists of approximately 8 ha (20 ha) of intact
vernal pool-mounded prairie habitat. The unit is located 460 m (1,500
ft) west of Highway 62 and parallels a 430 m (ft) stretch of the
highway. The unit is 0.8 km (0.5 mi) south of Shady Cove, 1.3 km (0.8
mi) northeast of Takelma Park, and is 122 m (400 ft) east of the Rogue
River.
(ii) Note: Map of Unit RV1 Critical Habitat for Limnanthes floccosa
ssp. grandiflora follows:

[[Page 37378]]

[GRAPHIC] [TIFF OMITTED] TP28JY09.020

[[Page 37379]]

(7) Unit RV2 for Limnanthes floccosa ssp. grandiflora: Hammel Road,
Jackson County, Oregon.
(i) Unit RV 2 consists of approximately 84 ha (207 ac) of intact
vernal pool-mounded prairie. The unit located 1.2 km (0.75 mi)
northeast of the confluence of Reese Creek and the Rogue River, 1.3 km
(0.8 mi) west of Highway 62, and 430 m (1,400 ft) east of the Rogue
River.
(ii) Note: Map of Unit RV2 Critical Habitat for Limnanthes floccosa
ssp. grandiflora follows:

[[Page 37380]]

[GRAPHIC] [TIFF OMITTED] TP28JY09.021

[[Page 37381]]

(8) Unit RV3 for Limnanthes floccosa ssp. grandiflora: North Eagle
Point, Jackson County, Oregon.
(i) Unit RV3 is composed of four subunits and totals 538.5 ha
(1,331 ac) of intact vernal pool habitat. The unit is located southwest
of Mosser Mountain and northeast of Long Mountain. The four subunits
loosely follow a 6.9 km (4.3 mi) stretch of Hog Creek beginning at its
origin. Originating 3.8 km (2.4 mi) east of Highway 62 in subunit RV3D,
Hog Creek runs through RV3C, crosses Highway 62, flows between RV3B
(located 100 m (328 ft) west of Highway 62) and RV3A (located 600 m
(1,970 ft) west of Highway 62), before emptying into the Rogue River
after 2.4 km (1.5 mi). Subunit RV3A is located 560 m (1,837 ft)
southeast of the confluence of Reese Creek and the Rogue River. Subunit
RV3B is located 100 m (328 ft) west of Highway 62 at the intersection
of Ball Road and extends along an 835 m (2,740 ft) stretch of Hog
Creek. Subunit RV3C is located 2 km (1.2 mi) north of Eagle Point (see
Index map) and extends 2.6 km (1.6 mi) south of the junction of Ball
Road and Reese Creek Road. Subunit RV3D is located 3.2 km (2 mi) east
of Long Mountain and is 2.4 km (1.5 mi) southeast of the junction of
Highway 62 and Ball Road. It extends along a 1.8 km (1.1 mi) stretch of
Hog Creek.
(ii) Note: Map of Unit RV3 Critical Habitat for Limnanthes floccosa
ssp. grandiflora follows:

[[Page 37382]]

[GRAPHIC] [TIFF OMITTED] TP28JY09.022

[[Page 37383]]

(9) Unit RV4 for Limnanthes floccosa ssp. grandiflora: Rogue
Plains, Jackson County, Oregon.
(i) Unit RV4 consists of 245 ha (605 ac) of intact vernal pool-
mounded prairie habitat. The unit is located 122 m (400 ft) southeast
of the junction of Highway 234 and Modoc Road. It extends 2 km (1.2 mi)
south along Modoc Road from the intersection, is located 1.4 km (0.87
mi) southwest of Dodge Bridge, and 1.0 km (0.6 mi) northwest of
Rattlesnake Rapids on the Rogue River.
(ii) Note: Map of Unit RV4 Critical Habitat for Limnanthes floccosa
ssp. grandiflora follows:

[[Page 37384]]

[GRAPHIC] [TIFF OMITTED] TP28JY09.023

[[Page 37385]]

(10) Unit RV5 for Limnanthes floccosa ssp. grandiflora: Table Rock
Terrace, Jackson County, Oregon.
(i) Unit RV5 includes 49.5 ha (122 ac) of intact vernal pool-
mounded prairie habitat. The unit is located on privately owned land
670 m (2,200 ft) north of the junction of Modoc and Antioc Roads, is
1.4 km (0.9 mi) east of Upper Table Rock, and 650 m (2,300 ft) west of
the Rogue River. This unit follows along an 800 m (2,600 ft) stretch of
Modoc Road to the east of the unit and a 700 m (2,300 ft) stretch of
Antioc Road to the west of the unit.
(ii) Note: Map of Unit RV5 Critical Habitat for Limnanthes floccosa
ssp. grandiflora follows:

[[Page 37386]]

[GRAPHIC] [TIFF OMITTED] TP28JY09.024

[[Page 37387]]

(11) Unit RV6 for Limnanthes floccosa ssp. grandiflora: White City,
Jackson County, Oregon.
(i) Unit RV6 for Limnanthes floccosa ssp. grandiflora is 848 ha
(2,095 ac) in size and includes intact vernal pool-mounded prairie and
swale habitats. The unit is located around White City, is 1.6 km (1.0
mi) southwest of Eagle Point, and is 440 m (1,444 ft) southeast of the
confluence of the Rogue River and Little Butte Creek. Subunit RV6A is
located north of Whetstone Creek and is 500 m (1,200 ft) west of the
junction of Highway 62 and Antelope Road. Subunits RV6B, RV6C, RV6D,
and RV6E are located north of Avenue G in White City, south of Little
Butte Creek, and 670 m (2,200 ft) southwest of Antelope Creek. Subunits
RV6F and RV6G are located approximately 500 feet west of Dry Creek and
are east of Highway 62 in White City. Subunit RV6H is located north of
Whetstone Creek and south of Antelope Road. Subunit RV6H roughly
encircles the Hoover Ponds, east of Highway 62, and is 850 m (2790 ft)
east of subunit RV6A.
(ii) Note: Map of Unit RV6 Critical Habitat for Limnanthes floccosa
ssp. grandiflora follows:

[[Page 37388]]

[GRAPHIC] [TIFF OMITTED] TP28JY09.025

[[Page 37389]]

(12) Unit RV7: for Limnanthes floccosa spp. grandiflora: Agate
Lake, Jackson County, Oregon.
(i) Unit RV7 consists of 426 ha (1,053 ac) of intact vernal pool-
mounded prairie and swale habitat. The unit is located 500 m (1,640 ft)
east of the Agate Reservoir, along a 5.4-km (3.4-mi) stretch roughly
parallel and between Dry Creek and Antelope Creek, is 330 m (1,080 ft)
north of Tater Hill, and is 1.4 km (0.9 mi) southeast of the confluence
of Dry Creek and Antelope Creek.
(ii) Note: Map of Unit RV7 Critical Habitat for Limnanthes floccosa
ssp. grandiflora follows:

[[Page 37390]]

[GRAPHIC] [TIFF OMITTED] TP28JY09.026

[[Page 37391]]

(13) Unit RV8 for Limnanthes floccosa ssp. grandiflora: Whetstone
Creek, Jackson County, Oregon.
(i) Unit RV8 consists of 362.5 ha (896 ac) of intact vernal pool-
mounded prairie and swale habitat. The unit is located approximately
1.4 km (0.9 mi) southeast of the confluence of the Rogue River and
Whetstone Creek, 2.2 km (1.4 mi) southwest of Tou Velle State Park, and
2.9 km southeast of the confluence of Bear Creek and the Rogue River.
The unit roughly parallels a 2.6 km (1.6 mi) stretch of Whetstone Creek
to the south.
(ii) Note: Map of Unit RV8 Critical Habitat for Limnanthes floccosa
ssp. grandiflora follows:

[[Page 37392]]

[GRAPHIC] [TIFF OMITTED] TP28JY09.027

* * * * *

Dated: July 13, 2009
Jane Lyder
Deputy Assistant Secretary for Fish and Wildlife and Parks
[FR Doc. E9-17522 Filed 7-27-09; 8:45 am]

BILLING CODE 4310-55-C