Federal Register / Vol. 65, No. 94 / Monday, May 15, 2000 / Proposed Rules 30941

(2) From 10 p.m. to 6 a.m., the draw DATES: Comments from all interested The branching taproot distinguishes L. shall open on signal if at least two hours parties must be received by July 14, cookii from L. bradshawii (indigenous to notice is given. 2000. Public hearing requests must be wet prairies from southern Willamette * * * * * received by June 29, 2000. Valley, Oregon, to southwest Washington) and L. humile (found in Dated: May 3, 2000. ADDRESSES: You may submit comments and materials on this proposal in person vernal pools in northern California) Thomas E. Bernard, or by mail to: Field Supervisor, U.S. (Kagan 1986). Lomatium utriculatum, Captain, U.S. Coast Guard, Acting Fish and Wildlife Service, Oregon State found on mounds adjacent to pools in Commander, Fifth Coast Guard District. Office, 2600 S.E. 98th Avenue, Portland, the Agate Desert, is distinguished from [FR Doc. 00–12147 Filed 5–12–00; 8:45 am] Oregon 97266. Alternatively, you may L. cookii by its more intense yellow BILLING CODE 4830±01±P send comments via the Internet to flowers, the different shape of its [email protected]. For further information involucel bracklets (leaflike structures please see section entitled ‘‘Public below the flowers), and thin-winged DEPARTMENT OF THE INTERIOR Comments Solicited.’’ fruits (Kagan 1986). Lomatium tracyi, occurring in California and the Illinois FOR FURTHER INFORMATION CONTACT: Judy Fish and Wildlife Service Jacobs, U.S. Fish and Wildlife Service, Valley, Oregon, has a similar appearance to L. cookii, but L. tracyi has Oregon State Office (see ADDRESSES slender-margined fruits and can grow on 50 CFR Part 17 section) (telephone 503/231–6179; dry sites. Lomatium cookii has boat or facsimile 503/231–6195). RIN 1018±AF84 pumpkin-shaped fruits and grows on SUPPLEMENTARY INFORMATION: seasonally wet sites (Lincoln Constance, Endangered and Threatened Wildlife Background Prof. Emeritus, University of California, and Plants; Proposed Endangered Berkeley, pers. comm. 1992). Status for the Plants Lomatium cookii Vernal pools are seasonal wetlands James Kagan first collected Lomatium (Cook's lomatium) and Limnanthes that form only in regions where certain cookii in 1981 from vernal pools in the floccosa ssp. grandiflora (Large- soil and climatic conditions exist. Agate Desert, Jackson County, Oregon, Flowered Wooly Meadowfoam) in During fall and winter rains typical of and subsequently described the species Oregon Mediterranean climates, water collects (Kagan 1986). Additional populations in shallow depressions in areas where were found at French Flat in the Illinois AGENCY: Fish and Wildlife Service, downward percolation of water is Valley, Josephine County, Oregon in Interior. prevented by the presence of an 1988 (ONHP Database 1998). Plants in ACTION: Proposed rule. impervious hard pan or clay pan layer the French Flat populations grow on below the soil surface (Keeley and seasonally wet soils. Slight SUMMARY: We, the U.S. Fish and Zedler 1998). Later in the spring, when morphological differences exist between Wildlife Service (Service), propose to rains decrease and the weather warms, L. cookii populations in the Agate Desert list two plants, Lomatium cookii (Cook’s the water evaporates, and the pools and French Flat, but these differences lomatium) and Limnanthes floccosa ssp. generally disappear by May. Vernal are not considered significant enough to grandiflora (large-flowered wooly pools thus provide unusual ‘‘flood and separate the species into subspecies (L. meadowfoam) as endangered species drought’’ habitat conditions to which Constance, in litt. 1992). Preliminary pursuant to the Endangered Species Act certain plants and animals have genetic work has not revealed any of 1973, as amended (Act). Both of these specifically adapted. Lomatium cookii differences between the Agate Desert plants inhabit seasonally wet habitats (Cook’s lomatium) and Limnanthes and French Flat L. cookii populations known as vernal pools in the Agate floccosa ssp. grandiflora (large-flowered (Matt Gitzendanner, Washington State Desert, an area north of Medford wooly meadowfoam) are two such plant University, pers. comm. February 1998). (Jackson County), Oregon. Researchers taxa that occur in vernal pool habitats Limnanthes floccosa spp. grandiflora know of only 13 occurrences of L. cookii in a small area of Jackson County, is a delicate annual in the meadowfoam, and 10 occurrences of L. f. ssp. southwestern Oregon. Lomatium cookii or false mermaid, family grandiflora in the Agate Desert. An also occurs in seasonally wet habitats at (Limnanthaceae). Limnanthes floccosa additional 10 occurrences of L. cookii a few locations in Josephine County, the ssp. grandiflora grows 5 to 15 are known in French Flat, Josephine adjacent county to the west. The L. f. centimeters (cm) (2 to 6 in) tall, with 5 County. The continued existence of L. ssp. grandiflora is believed to be extant cm (2 in) leaves divided into 5 to 9 cookii and L. f. ssp. grandiflora is in only 10 locations in Jackson County, segments. The stems and leaves are threatened primarily by destruction of while L. cookii is believed to occur at 13 sparsely covered with short, fuzzy hairs. their habitat by industrial and sites in Jackson and 10 in Josephine The flowers, and especially the calyx residential development, including road County (Oregon Natural Heritage (outer whorl of floral parts), are densely and powerline construction and Program (ONHP) Database 1998). covered with wooly hairs. Each of the 5 maintenance. Agricultural conversion, Lomatium cookii is a perennial forb in yellowish to white petals is relatively certain grazing practices, off-road the carrot family (Apiaceae) that grows long for the genus, 6 to 13 mm (0.2 to vehicle use, and competition with 1.5 to 5 decimeters (6 to 20 inches (in)) 0.5 in.), and has 2 rows of hairs near its nonnative plants also contribute to tall from a slender, twisted taproot. base. population declines. Lomatium cookii Leaves are smooth, finely dissected, and In his monograph of the genus sites in Josephine County are strictly basal (growing directly above the Limnanthes, Mason (1952) described additionally threatened by habitat taproot on the ground, not along the three varieties of Limnanthes floccosa alteration associated with gold mining, stems). One to four groups of clustered, but did not recognize grandiflora as certain proposed timber projects, and pale-yellow flowers produce boat- distinct. Based on her study of woody species encroachment resulting shaped fruits 8 to 13 millimeters (mm) specimens grown under controlled from fire suppression. This proposal, if (0.3 to 0.5 in) long with thickened conditions from field-collected seed, made final, would extend the Act’s margins. The taproot can often branch at Arroyo (1973) elevated Mason’s protection to these plants. ground level to produce multiple stems. varieties to subspecies and described

VerDate 112000 16:17 May 12, 2000 Jkt 190000 PO 00000 Frm 00022 Fmt 4702 Sfmt 4702 E:\FR\FM\15MYP1.SGM pfrm01 PsN: 15MYP1 30942 Federal Register / Vol. 65, No. 94 / Monday, May 15, 2000 / Proposed Rules two additional subspecies, including Conservancy (TNC). The Preserve completely eliminated (Brock 1987; ssp. grandiflora. This subspecies is contains the only large populations on ONHP 1997). distinguished from other subspecies of private land managed for protection of During January and February of 1998, L. floccosa by its larger flower size, these species. we conducted a preliminary study of sparsely hairy stems and leaves, and Two occurrences of each taxon are on vernal pool invertebrates at a number of two lines of hairs at the petal base State land, mainly in the Ken Penman vernal pools in the Agate Desert. This (Arroyo 1973). Over much of its range, Wildlife Area, where much of the study revealed the presence of a L. f. ssp. grandiflora overlaps with L. f. habitat has been altered and planted to federally threatened species, the vernal ssp. floccosa. However, L. f. ssp. grasses. Portions of two Lomatium pool fairy shrimp (Branchinecta lynchi), floccosa grows on the slightly drier, cookii and three Limnanthes floccosa at six of the pools sampled (May outer fringes of the pools, whereas L. f. ssp. grandiflora occurrences are on Consulting Services 1998). Two of these ssp. grandiflora grows on the relatively lands owned by the City of Medford, pools are on property managed by BLM, wetter, inner fringe of the pools (Arroyo within an area designated as the and the remainder are on TNC land. 1973; Darren Borgias, The Nature Whetstone Industrial Park. Portions of This fairy shrimp, previously believed Conservancy, pers. comm. 1998). two L. f. ssp. grandiflora and four L. to be endemic to vernal pools in Limnanthes floccosa ssp. grandiflora cookii occurrences are located in California, was listed as a federally and Lomatium cookii both occur in and highway or powerline rights-of-way threatened species in 1994 (59 FR around vernal pools within an 83 square (ONHP Database 1998), where they are 48136). The presence of this threatened kilometer (km2) (32 square mile (mi2)) subject to herbicide spraying and other species underscores the need to landform in southwestern Oregon maintenance activities conducted by the conserve and restore remaining vernal known as the Agate Desert in Jackson State or counties. In French Flat, there pool habitat in the Agate Desert area. County. Located on the floor of the are 10 known occurrences of L. cookii. In French Flat, Lomatium cookii Rogue River basin north of Medford, the Three occurrences of L. cookii occur on grows in wet meadow areas underlain Agate Desert is characterized by private land. Two of these occurrences with floodplain bench deposits that shallow, Agate-Winlow complex soils, a are located on land managed by Jackson contain sufficient clay to form a clay relative lack of trees, sparse prairie County; one of these has been largely pan at 60 to 90 cm (24 to 35 in) below vegetation, and agates (fine-grained extirpated by construction of a baseball the soil surface (U.S. Department of sands that have striped, cloudy, and sports complex. The remaining seven Agriculture 1983). The clay pan creates rounded spots or patches of a color or populations of L. cookii in Josephine seasonally wet areas similar to the shade different from their background) County are located partially or entirely vernal pools of the Agate Desert, but commonly found on the soil surface on land managed by the Bureau of Land mostly lacking the latter area’s (ONHP 1997). Lomatium cookii also Management (BLM). distinctive mound-swale topography. occurs in another area encompassing The Agate Desert landscape consists Common plants associated with L. some 10 km2 (4 mi 2) in adjacent of a gentle mound-swale topography cookii in French Flat include Danthonia Josephine County. This area, referred to with a characteristic appearance in californica (oatgrass), Plagiobothrys as French Flat, is located within the aerial photographs that is sometimes bracteatus, Horkelia congesta (horkelia), Illinois Valley near the Siskiyou referred to as patterned ground. During Calochortus uniflorus (mariposa lily), Mountains. the fall and winter rainy season, a and Erythronium howellii (trout lily). In the Agate Desert, researchers know striking pattern of shallow pools The surrounding forest contains of only 13 occurrences of Lomatium develops in the swales. These vary in Pseudotsuga menziesii (Douglas fir) and cookii and 10 occurrences of size from 1 to 30 meters (m) (3 to 100 Pinus jeffreyi (Jeffrey pine). Shrub Limnanthes floccosa ssp. grandiflora. feet (ft)) across, and attain a maximum species that grow on serpentine (rocky Mapped habitat for these species in the depth of about 30 cm (12 in) (ONHP mineral consisting mostly of magnesium Agate Desert totals some 54 hectares 1997). Plants native to these pools, that gives it a green mottled color) soils, (ha) (133 acres (ac)) for L. cookii and 80 including Limnanthes floccosa ssp. such as Ceanothus cuneatus ha (198 ac) for L. f. ssp. grandiflora grandiflora and Lomatium cookii, are (buckbrush) and Arctostaphylos viscida (ONHP Database 1998). However, due to adapted to grow, flower, and set seed (manzanita), are found within the area recent alteration and destruction of during the relatively short time that of L. cookii sites (Linda Knight, BLM, in vernal pools in the Agate Desert (ONHP water is available in the spring. Special litt. 1992). 1997), habitat currently occupied by assemblages of plants blooming in The historical range of Lomatium these plants is considerably less, an concentric rings toward the deepest part cookii in French Flat may have included estimated 28 ha (69 ac) and 47 ha (116 of the pools can be seen as soil moisture seasonally wet meadows along the East ac) for L. cookii and L. f. ssp. recedes throughout the spring (ONHP Fork of the Illinois River. Fire grandiflora, respectively (ONHP 1997). Native plants that occur with suppression, grazing, residential Database 1998). These two taxa occur in Lomatium cookii and Limananthes development, and extensive gold mine five of the same vernal pool systems, floccosa ssp. grandiflora in these vernal dredging (Shenon 1933) altered L. cookii constituting three ‘‘occurrences’’ as pools include Plagiobothrys bracteatus habitat in this area. However, some defined by ONHP. In French Flat, (popcorn flower), Juncus uncialis (a native perennial communities remain in Josephine County, there are 10 known rush), Navarretia spp. (Navarretia), and wet meadows that were not affected by occurrences of L. cookii, occupying up L. f. spp. floccosa (common wooly mining. Gold mining imminently to 61 ha (150 ac) of habitat, but many meadowfoam) (Kagan 1987). threatens L. cookii habitat in French Flat of these sites are very small (50 The historical range for Limnanthes (Joan Seevers, BLM, pers. comm. 1998). individuals or less), and current status floccosa ssp. grandiflora and Lomatium is not well known. cookii in the Agate Desert may have Previous Federal Action Two occurrences each of Lomatium originally encompassed over 130 km2 Federal action on Limnanthes cookii and Limnanthes floccosa ssp. (50 mi2), within a 17-km (11-mi) radius floccosa ssp. grandiflora began with grandiflora occur partially or entirely of White City (ONHP 1997). Vernal pool section 12 of the Act (16 U.S.C. 1531 et within the Agate Desert Preserve habitat, formerly widespread south of seq.), which directed the Secretary of (Preserve), owned by The Nature the Rogue River, is now almost the Smithsonian Institution to prepare a

VerDate 112000 16:17 May 12, 2000 Jkt 190000 PO 00000 Frm 00023 Fmt 4702 Sfmt 4702 E:\FR\FM\15MYP1.SGM pfrm01 PsN: 15MYP1 Federal Register / Vol. 65, No. 94 / Monday, May 15, 2000 / Proposed Rules 30943 report on those plants considered to be in the plant notice published on processing of administrative petition endangered, threatened, or extinct in the September 30, 1993 (58 FR 51144). In findings (petitions filed under section 4 United States. This report, designated as our February 28, 1996, Notice of Review of the Act) is the fourth priority. The House Document No. 94–51, was (61 FR 7596), we discontinued the use processing of critical habitat presented to Congress on January 9, of multiple candidate categories, and determinations (prudency and 1975, and included L. f. ssp. grandiflora now only those taxa meeting the determinability decisions) and proposed as endangered. We published a notice definition of the former category 1 are or final designations of critical habitat on July 1, 1975, (40 FR 27823) of our considered candidates for listing will no longer be subject to acceptance of the Smithsonian purposes. Lomatium cookii was prioritization under the Listing Priority Institution report as a petition within maintained as a candidate species, but Guidance. Processing of this proposed the context of section 4(c)(2) (petition L. f. ssp. grandiflora was not. Our rule is a Priority 3 action and is being provisions are now found in section September 18, 1997, Notice of Review completed in accordance with the 4(b)(3) of the Act) and our intention to (62 FR 49397) included both L. f. ssp. current Listing Priority Guidance. review the status of the identified plant grandiflora and L. cookii as candidates. Peer Review species. On June 16, 1976, we published The most recent Notice of Review (64 a proposal (41 FR 24523) to determine FR 57534), published on October 25, In accordance with interagency policy approximately 1,700 vascular plant 1999, included both L. f. ssp. grandiflora published on July 1, 1994 (59 FR species, including L. f. ssp. grandiflora, and L. cookii as candidates. 34270), upon publication of this to be endangered species pursuant to Section 4(b)(3)(B) of the Act requires proposed rule in the Federal Register section 4 of the Act. The list of 1,700 the Secretary to make certain findings we will solicit expert reviews by at least plant taxa was assembled on the basis on pending petitions within 12 months three specialists regarding pertinent of comments and data received by the of their receipt. Section 2(b)(1) of the scientific or commercial data and Smithsonian Institution and us in 1982 amendments further requires that assumptions relating to the taxonomic, response to House Document No. 94–51 all petitions pending on October 13, biological, and ecological information and our July 1, 1975, Federal Register 1982, be treated as having been newly for Lomatium cookii and Limnanthes publication. submitted on that date. This provision floccosa ssp. grandiflora. The purpose General comments received regarding applied to Limnanthes floccosa ssp. of such a review is to ensure that listing the 1976 proposal were summarized in grandiflora because the 1975 decisions are based on scientifically an April 26, 1978, notice (43 FR 17909). Smithsonian report had been accepted sound data, assumptions, and analyses, The Act Amendments of 1978 required as a petition. On October 13, 1983, we including the input of appropriate that all proposals over 2 years old be found that the petitioned listing of this experts. withdrawn. A 1-year grace period was species was warranted but precluded by Summary of Factors Affecting the given to proposals already more than 2 other pending listing actions, in Species years old. On December 10, 1979, we accordance with section 4(b)(3)(B)(iii) of published a notice of withdrawal (44 FR the Act; notification of this finding was Section 4 of the Endangered Species 70796) of the June 6, 1976, proposal, published on January 20, 1984 (49 FR Act and regulations (50 CFR part 424) along with four other proposals that had 2485). Such a finding requires the that implement the listing provisions of expired. petition to be reviewed annually the Act established the procedures for We published a Notice of Review for pursuant to section 4(b)(3)(C)(i) of the adding species to the Federal lists. A plants on December 15, 1980 (45 FR Act. For the purpose of making these species may be determined to be an 82480). This notice included annual petition findings, we made an endangered or threatened species due to Limnanthes floccosa ssp. grandiflora as administrative decision to treat all one or more of the five factors described a category 1 candidate for Federal candidate plants as if their listings had in section 4(a)(1). These factors and listing. Category 1 candidates were been petitioned prior to 1982. Therefore, their application to Lomatium cookii those taxa for which we had on file the ‘‘warranted but precluded’’ finding (Cook’s lomatium) and Limnanthes substantial information on biological also applies to Lomatium cookii, which floccosa ssp. grandiflora Arroyo (large- vulnerability and threats to support first appeared in the February 21, 1990, flowered wooly meadowfoam) are as preparation of listing proposals. On Notice of Review. The warranted but follows: November 28, 1983, we published a precluded finding for both species has A. The present or threatened supplement to the Notice of Review (48 been reviewed annually through 1999. destruction, modification, or FR 53640). However, in the September Publication of this proposal constitutes curtailment of its habitat or range. The 27, 1985, Notice of Review (50 FR the final finding for the petitioned vernal pools and other seasonally wet 39526), the status of this taxon was action. soils where Lomatium cookii and changed to category 2. Category 2 The processing of this proposed rule Limnanthes floccosa ssp. grandiflora candidates were those taxa for which conforms with our Listing Priority grow are susceptible to various land use data in our possession indicated listing Guidance published in the Federal disturbances. The primary threats to the was possibly appropriate, but for which Register on October 22, 1999 (64 FR vernal pool habitat of L. cookii and L. f. substantial data on biological 57114). The guidance clarifies the order ssp. grandiflora in the Agate Desert are vulnerability and threats were not in which we will process rulemakings. industrial, commercial, and residential currently known or on file to support Highest priority is processing development and related road and proposed rules. emergency listing rules for any species utilities construction and maintenance, Category 2 status was maintained for determined to face a significant and including mowing and herbicide Limnanthes floccosa ssp. grandiflora in imminent risk to its well-being (Priority spraying; firebreak construction; and the Notice of Review published on 1). Second priority (Priority 2) is hydrologic alteration, particularly the February 21, 1990 (55 FR 6184). processing final determinations on conversion of nonirrigated land to Lomatium cookii was first included in proposed additions to the lists of irrigated agricultural use (D. Borgias, that 1990 Notice of Review as a category endangered and threatened wildlife and pers. comm. 1999). Competition, 1 candidate species. We made no plants. Third priority is processing new particularly from introduced annual changes to the status of the two species proposals to add species to the lists. The grass species (see Factor E of this

VerDate 112000 14:41 May 12, 2000 Jkt 190000 PO 00000 Frm 00024 Fmt 4702 Sfmt 4702 E:\FR\FM\15MYP1.SGM pfrm04 PsN: 15MYP1 30944 Federal Register / Vol. 65, No. 94 / Monday, May 15, 2000 / Proposed Rules section), and grazing, especially during Zone at the airport is currently under In 1986, private lands with 4 ha (10 the fall and winter months, can also development (Bern Case, Director, ac) of Lomatium cookii habitat and some reduce or eliminate populations of both Medford-Jackson County Airport, pers. 500 individual plants were developed species (Kagan 1987; James Kagan, comm. 1998), and construction into a sports park complex by Jackson Oregon Natural Heritage Program associated with this facility could County with Federal Land and Water (ONHP), pers. comm. 1998). Josephine impact Lomatium cookii plants at the Conservation Funds. The area was County populations of L. cookii are site. leveled, and playing fields and parking additionally threatened by proposed Jackson County is experiencing rapid lots were constructed. Approximately gold mining operations, the population increase. It is the ninth 80 percent of the available habitat was uncontrolled use of off-road vehicles fastest growing county in Oregon, and removed at this site. Inventory of this (ORVs) in the areas occupied by this the majority of this growth is centered population in 1992 documented 150 species, certain timber harvesting in the Medford area (Oregon Center for plants at this site (Kagan 1987). Based activities, and tree encroachment into Population Research and Census, pers. on preliminary surveys in 1997, these open areas associated with fire comm. 1998). Much of this development plants may have been extirpated (J. suppression. has occurred in and around Lomatium Kagan, pers. comm. 1998). Human-related impacts to vernal pool cookii and Limnanthes floccosa ssp. Another project related to increased habitat in the Agate Desert began in the grandiflora habitat near Medford and development of the Agate Desert area mid-1800’s, when the area was grazed White City. and that resulted in adverse affects to by cattle and sheep (ONHP 1997). In A recent habitat assessment map and Lomatium cookii and Limnanthes 1905, a land speculation company report (ONHP 1997) indicates that floccosa ssp. grandiflora habitat is a acquired a large part of the area and residential, commercial, and industrial 500-kilovolt powerline that Pacific attempted to establish pear orchards by development, along with land leveling, Power and Light constructed in June constructing an extensive system of have claimed nearly 60 percent of the 1992 (Gerald Nielsen, Pacific Power Co., shallow irrigation ditches and, in some historic Agate Desert vernal pool pers. comm. 1992). The powerline cases, blasting through the hardpan landscape. According to this directly affected 7.5 ha (18.5 ac) out of layer. This effort failed, and grazing assessment, no pristine vernal pool a total of 80 ha (198 ac), or 9.3 percent continued as the dominant land use habitat remains due to the presence of of the existing L. f. ssp. grandiflora until 1942, when the U.S. military introduced plants throughout the Agate habitat in the Agate Desert. About 2.6 ha purchased a large segment of the Agate Desert. The highest quality remaining (6.4 ac), or 4.8 percent of the existing L. Desert for a training center. When this vernal pool habitat occurs on 23 percent cookii habitat, was affected in the Agate center was decommissioned in 1946, a of the landform. By overlaying ONHP Desert. Maintenance activities along the 158–ha (390–ac) portion of the area west plant occurrence polygons on the powerline corridor may continue to of Highway 62 was purchased by a habitat assessment base map, one can adversely impact L. cookii and L. f. ssp. timber industry consortium, and a determine that over 50 percent of grandiflora habitat. timber mill industrial center began to Lomatium cookii sites and nearly 50 Two sites where Limnanthes floccosa grow (ONHP 1997). Other industries percent of Limnanthes floccosa ssp. ssp. grandiflora was collected in 1969 were drawn to the area, and around grandiflora sites originally mapped in have been destroyed, one by 1980 the City of Medford established the the Agate Desert during the 1980’s have construction of a mill, and another by 290–ha (720–ac) Whetstone Industrial been severely altered. While most of construction of a large industrial plant Park. Much of this area has been leveled these sites were altered prior to the (J. Kagan, pers. comm. 1997). Additional and compacted, destroying any vernal 1980’s (D. Borgias, pers. comm. 1999), sites of L. f. ssp. grandiflora occurrences pools, although some potential vernal habitat alterations in the Agate Desert (50 percent of the total extant) have pool habitat remains in the area (ONHP are continuing at a rapid rate, as been severely degraded as follows (J. 1997). Another area west of Highway 62, indicated by numerous examples below. Kagan, pers. comm. 1998): (1) One site, encompassing some 728 ha (1,800 ac), is In 1992, a sewage line was built by at the intersection of three major roads, State land managed as the Ken Denman the City of Medford across the has been reduced to a few fragmented Wildlife Area (ONHP 1997). Devoted to southwest corner of the Cardinal patches. The site is now bordered by waterfowl production, much of this area Avenue site in the Agate Desert. A large two fast-food restaurants, a powerline, has been covered with log deck debris, department store was built on land and residential development, leaving plowed in strips, and planted with adjacent to this site. The Cardinal virtually no opportunity for nonnative wildlife food plants (Brock Avenue site is proposed for inclusion in conservation. (2) Another site occurs at 1987; J. Kagan, pers. comm. 1997). the Foreign Trade Zone at the Medford- the corner of a building adjacent to East of Highway 62, much of the Jackson County Airport, and railroad tracks and has been reduced to Agate Desert landform was subdivided development on the 1.2–ha (3–ac) site is approximately 5 square meters (54 into 2–ha (5–ac) homesites in the very likely (Gerald Anderson, Medford square feet), leaving no avenue for site 1950’s, many of which were leveled. City Manager, pers. comm. 1998). The conservation. (3) A sewer plant for the Because grazing was removed from Cardinal Avenue site, with a population City of Medford has reduced the type some of these sites when they were of approximately 140 Lomatium cookii locality for this taxon to two small offered for sale, this area has recovered individuals, was graded in January 1993 pools. (4) In 1985, L. f. ssp. grandiflora somewhat and harbors some intact (J. Kagan, pers. comm. 1998). The was estimated to cover some 16 ha (40 vernal pool habitat (Brock 1987; ONHP landowner was contacted by TNC to ac) at one of two occurrences of L. f. ssp. 1997). request permission to remove some grandiflora on Denman Wildlife Area, The southernmost section of the plants for experimental transplantation. since then the site has been leveled and historical Agate Desert has been largely The landowner agreed to allow removal scraped for planting tall wheatgrass as modified by cultivation for pasture. The of the plants, but TNC was able to wildlife food, as a result by 1993, Medford-Jackson County Airport obtain only one individual prior to coverage had been reduced to 1.2 ha (3 occupies some 374 ha (925 ac) at the completion of grading and was unable ac), a 92 percent reduction. (5) More southern limit of the landform. A new to successfully transplant the individual recently, over two-thirds of the second building that will house a Foreign Trade (D. Borgias, pers. comm. 1999). site found on Denman Wildlife Area

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(29.5 ha (73 ac) in size) has been To summarize these plants’ status in implemented, habitat destruction would leveled, grazed, and piped for irrigation. the Agate Desert, Limnanthes floccosa be substantially increased beyond 20 In the early 1990’s, a proposed ssp. grandiflora is presently declining at percent. highway connector between Interstate 5 seven of its ten known occurrences, and Lomatium cookii occurrences in and Highway 140 across the Agate its status is unknown at two additional French Flat are also threatened by a Desert would have impacted a number sites and is known to be stable at only timber sale presently under of occurrences of both Lomatium cookii one site. Populations of Lomatium consideration by BLM. Additionally, and Limnanthes floccosa ssp. cookii are declining at 11 of the 13 one recently discovered occurrence at grandiflora. Although that specific known occurrences in the Agate Desert. Indian Hill, which is in a long, narrow project is no longer under consideration, Habitat originally mapped for these meadow, is threatened by encroachment the Oregon Department of species in the Agate Desert totals some of woody species from the surrounding Transportation (ODOT) is currently 54 ha (133 ac) for L. cookii and 80 ha forest. Fire suppression activities have considering a number of alternatives for (198 ac) for L. f. ssp. grandiflora (ONHP caused an increase in the invasion of moving traffic through the area, some of Database 1998). However, habitat trees and shrubs that shade out L. cookii which could impact vernal pools. The currently occupied by these plants is plants and decrease available water (L. vernal pools that are not directly considerably less, an estimated 28 ha Mazzu, pers. comm. 1998). impacted by the highway project are (69 ac) and 47 ha (116 ac) for L. cookii Residential development and road often impacted by projects that result and L. f. ssp. grandiflora, respectively building in the Illinois Valley also from increased access to the area, such (ONHP Database 1998). Thus, the threaten populations of Lomatium as industrial and residential current ranges of both species are cookii. For example, construction of a development. roughly 50 percent less than the area of residential driveway and roto-tilling on private ground extirpated a Josephine The only Lomatium cookii and historical habitat in the Agate Desert. County population of this species in Limnanthes floccosa ssp. grandiflora Occurrences of Lomatium cookii in 1991 (J. Kagan, pers. comm. 1998). habitat protected from industrial, Josephine County are also subject to numerous threats. The only habitat for B. Overutilization for commercial, residential, or commercial development this plant on federally owned land is recreational, scientific, or educational in the Agate Desert area is the habitat located near French Flat, which is purposes. Lomatium cookii and located on the Preserve managed by managed by BLM. Gold mining Limnanthes floccosa ssp. grandiflora TNC for the protection of these species. operations threaten approximately 10 have no known commercial, Approximately 7 ha (17 ac) of L. cookii percent of the federally owned portion recreational, or scientific use at this habitat and 16.7 ha (41.2 ac) of L. f. ssp. of this habitat. Approximately 600 time. No evidence exists of grandiflora habitat exist on the Preserve. plants occur in the area threatened by overcollection by botanists and/or The Preserve, supporting the largest mining. Mining activities could result in horticulturists at this time. However, populations of Lomatium cookii and direct habitat loss for the species and Limnanthes floccosa ssp. grandiflora Limnanthes floccosa ssp. grandiflora, is limit recovery at this site. may be of interest to collectors and located in an area that may soon be Indirect effects from mining researchers; some members of the genus surrounded by commercial and operations in French Flat could also have the potential to become important industrial developed land. Although the occur due to off-site activities, such as new crop plants because they possess a Preserve land is protected, the alteration road construction, which are likely to seed oil that exhibits stability at high of land adjacent to the Preserve could alter hydrologic cycles at Lomatium temperature and pressure. This oil disrupt the hydrologic processes within cookii habitat sites. These changes could could be used as a lubricant for various the Preserve. For example, a road was cause seasonally saturated soils to drain industrial uses (University of California- built along the southern edge of the and could impede seed germination or Davis 1998). Limnanthes alba, a Preserve in 1988. Water runs off the lead to death of seedlings and mature wildflower found in California, is now road into a ditch after rainstorms, where plants. Currently, no safeguards exist to poised to become a multimillion dollar it would have normally remained in protect habitat in the French Flat area crop in the Willamette Valley of Oregon pools in the Preserve. This ditch from mining operations. for its oil (Savonen 1997). To drained several of the vernal pools on Habitat for Lomatium cookii on BLM- domesticate the species and improve the southern portion of the Preserve, managed land at French Flat continues strains, seeds were, and still are, further reducing approximately 0.2 ha to experience damage from ORV use. In collected from wild L. alba, as well as (0.5 ac) of vernal pools available to L. 1992, ORV use damaged a large wet other Limnanthes species to cross with cookii and L. f. ssp. grandiflora in the meadow in this area, creating ruts that the domesticated plants. Limnanthes Preserve (J. Kagan, pers. comm. 1998). punctured the clay pan layer and floccosa ssp. grandiflora could have this In addition, potential habitat that allowed soil moisture to drain from the potential, though no known research borders the west side of the Preserve wet meadow habitat. Heavy ORV use of has been conducted on this subject. This was partitioned and developed into L. cookii habitat in the area is species may be sought for collection if industrial property in January 1993 (J. continuing. To date, ORV use has its rarity and population locations Kagan, pers. comm. 1998). Hydrology caused puncturing and draining of 6 ha become well known. Vandalism or and available management (e.g., (15 ac) of meadow habitat in the French intentional destruction also could occur. prescribed burning) were also altered by Flat population. As a result, 20 percent Most of the remaining populations of the development. During development of the remaining L. cookii habitat on the species are so small, and their of land west of the Preserve, land- federally managed land has been distribution so limited, that even moving equipment trespassed onto a destroyed. The BLM intends to gate part limited collecting pressure could have portion of the Preserve. At the time, of the area to discourage ORV trespass, significant adverse impacts. vernal pools on the Preserve had no but restricting access to this large, open Eighty-three percent of Lomatium fences or physical barriers to prevent area is difficult (Linda Mazzu, BLM, cookii occurrences and 40 percent of trespass by ORVs or land-moving pers. comm. 1998; J. Seevers, pers. Limnanthes floccosa ssp. grandiflora equipment (D. Borgias, pers. comm. comm. 1998). If recently proposed occurrences are concentrated on 2 ha (5 1998). mining actions on BLM lands are ac) of land or less. Easy access exists to

VerDate 112000 14:41 May 12, 2000 Jkt 190000 PO 00000 Frm 00026 Fmt 4702 Sfmt 4702 E:\FR\FM\15MYP1.SGM pfrm04 PsN: 15MYP1 30946 Federal Register / Vol. 65, No. 94 / Monday, May 15, 2000 / Proposed Rules occurrences of these plants in the Agate 320–330). To be in compliance with the Removal-Fill Law of 1989 (ORS Desert, and to L. cookii sites near Cave Clean Water Act, parties are generally 196.800–196.990), administered by the Junction, since they occur near heavily required to notify the Corps prior to Oregon Division of State Lands, does traveled roads. Most sites for these undertaking any activity that would not regulate activities that involve less species lack fences or appropriate signs result in the discharge of fill, including than 38 cubic meters (m3) (50 cubic to discourage collectors or others from soil, into wetlands under the Corps’ yards (yd3)) of fill. Such an amount of accessing the sites. jurisdiction. An individual permit is fill could seriously impact many smaller C. Disease or predation. No data exist required in many cases. The Nationwide vernal pool wetlands in which L. cookii to substantiate whether disease Permit Program (33 CFR part 330) was and L. f. ssp. grandiflora occur. threatens Lomatium cookii or designed to eliminate the need for Lomatium cookii and Limnanthes Limnanthes floccosa ssp. grandiflora. individual permits for some activities. floccosa ssp. grandiflora are listed as An unidentified Ascomycete fungus was Nationwide Permit Number 26, as endangered species under the State of responsible for the mortality of four L. conditioned by the Portland District of Oregon threatened or endangered plant cookii plants in a single population the Corps for application within the law (OAR 603–73–070). In general, (Kagan 1987). Since this fungus has not State of Oregon, allows the discharge of State-listed plant populations on private been observed at other sites, no fill affecting up to only 0.8 ha (2 ac) of lands are not subject to this law. The conclusions can be drawn regarding the wetlands, if the wetlands are isolated or law prohibits the ‘‘take’’ of State-listed threat of the fungus to the species as a above the headwater point of a stream plants only on State, county, and city- whole. Predation has been observed on (average annual flow of less than 0.14 owned or leased lands. And on these L. cookii from gophers, other rodents, cubic meters per second (5 cubic feet lands, the State law does not guarantee and black-tailed jackrabbits feeding on per second). Also, the permittee must the protection of State-listed plants vegetative portions; wireworms and notify the Corps prior to discharge and because it allows for the loss of other insect larvae eat the roots of comply with the terms and conditions populations if a proposed project or plants, and insects prey on L. cookii of the nationwide permit. Fills affecting activity is considered to be a public seeds (Kagan 1987). less than 0.13 ha (0.32 ac) do not require benefit (Tom Kaye, Oregon State Cattle grazing causes substantial Corps notification. However, the Corps University, pers. comm. 1999). Because impacts to Lomatium cookii and is aware of the sensitivity of the Agate Lomatium cookii is listed as a Federal Limnanthes floccosa ssp. grandiflora. Desert vernal pools and may require candidate, lands owned by the BLM will Tracts heavily grazed from October to individual permits on a case-by-case seek to provide a protection buffer when April are less likely to support these basis. The Clean Water Act does not a plant population may be impacted by taxa. The majority of the seasonal regulate drainage of wetlands unless a proposed project (e.g., mining permit) growth occurs during the winter. If the that action results in the discharge of (L. Mazzu, pers. comm. 1999). plants are grazed during fall and winter, dredged or fill material into a wetland. E. Other natural or manmade factors they are less likely to survive to produce Most Lomatium cookii and affecting its continued existence. seed in the spring or early summer Limnanthes floccosa ssp. grandiflora Herbicide spraying, mowing, grading, (Brock 1987). sites occupy wetlands less than 2 ha (5 and other road maintenance activities The effects of cattle grazing on ac) in size, often in wetlands with no threaten small Lomatium cookii sites Lomatium cookii and Limnanthes surface drainage to streams (i.e., adjacent to roads on private lands near floccosa ssp. grandiflora are exemplified isolated). Therefore, activities resulting Cave Junction in the Illinois Valley. In by the history of land use on what is in the filling of vernal pools often fall the Agate Desert, L. cookii and now TNC’s Agate Desert Preserve. Prior under Nationwide Permit Number 26. Limnanthes floccosa ssp. grandiflora to TNC’s acquisition of this tract, the Currently, the Corps is not required to individuals in road or powerline rights- area was grazed for a number of years. request consultation under section 7 of of-way could be accidentally destroyed An estimated 480 individuals of L. f. the Act on fill activities that may affect by local public works departments, ssp. grandiflora were noted at this site L. cookii, L. f. ssp. grandiflora, or other highway districts, fire departments, or between 1984 and 1987. Cattle were unlisted species. If L. cookii and L. f. private citizens when carrying out removed in 1987, and in 1988, the L. f. ssp. grandiflora are listed, consultation maintenance activities (Rose Hayden- ssp. grandiflora population had soared with us would be required by the Owens, ODOT, pers. comm. 1998). to over 7,000 individuals. By 1991, the Nationwide Permit conditions prior to Invasion of nonnative annual plants population had grown to an estimated the Corps authorization of an activity in the Agate Desert altered native 17,600 plants, and it is now stable or that would adversely affect the species. perennial plant communities (Brock increasing (D. Borgias, pers. comm. The Portland District has issued General 1987) where Lomatium cookii and 1998). Despite the potential negative Regulatory Conditions that accompany Limnanthes floccosa ssp. grandiflora effects of fall to spring cattle grazing, all nationwide permits. One of these grow. Native bunch grasses on mounds carefully managed and timed grazing conditions indicates that if at any time between vernal pools have been may actually reduce competition with the permittee becomes aware of the replaced by introduced European introduced grass species (see Factor E of presence of a listed species within the grasses such as Bromus mollis (brome this section). authorized project area, all work activity grass), Taeniatherum caput-medusae D. The inadequacy of existing must cease immediately, the Corps must (medusahead), Cynosurus echinatus regulatory mechanisms. The majority of be notified, and work must not resume (dogtail), and Poa bulbosa (bluegrass). Lomatium cookii and all Limnanthes until approved by the Corps. If L. cookii Taeniatherum caput-medusae competes floccosa ssp. grandiflora plants grow in and L. f. ssp. grandiflora are listed, these with L. cookii and L. f. ssp. grandiflora association with vernal pools, which are regulatory conditions would apply to on seasonally wet mounds between the classified as wetlands. Under section the seasonal wetlands these species pools. Seeds of both the native taxa are 404 of the Clean Water Act, the U.S. occupy. not able to germinate under the dense Army Corps of Engineers (Corps) State of Oregon wetland laws do not thatch produced by introduced annual regulates the discharge of dredged or fill protect many Lomatium cookii or species. Competition with introduced material into waters of the United Limnanthes floccosa ssp. grandiflora plant species is exacerbated on the States, including wetlands (33 CFR parts sites due to their small size. The Denman Wildlife Area, where game bird

VerDate 112000 14:41 May 12, 2000 Jkt 190000 PO 00000 Frm 00027 Fmt 4702 Sfmt 4702 E:\FR\FM\15MYP1.SGM pfrm04 PsN: 15MYP1 Federal Register / Vol. 65, No. 94 / Monday, May 15, 2000 / Proposed Rules 30947 food plots are seeded with nonnative Critical Habitat FY 2000 as allowed by our funding plant species. Brock (1987) supports the Critical habitat is defined in section 3, allocation for that year. As explained in contention that the main cause of the paragraph (5)(A) of the Act as the detail in the Listing Priority Guidance, reduction of L. cookii populations has specific areas within the geographical our listing budget is currently been intensive cattle grazing area occupied by a species, at the time insufficient to allow us to immediately accompanied by the negative it is listed in accordance with the Act, complete all of the listing actions competitive effects of introduced on which are found those physical or required by the Act. We propose that critical habitats grasses, specifically T. caput-medusae. biological features essential to the designations are prudent for both conservation of the species and which Mowing, burning, light grazing, or Lomatium cookii and Limnanthes may require special management even raking of vernal pool habitat after floccosa ssp. grandiflora. In the last few considerations or protection; and Lomatium cookii and Limnanthes years, a series of court decisions have specific areas outside the geographical floccosa ssp. grandiflora seeds have overturned Service determinations matured, but before the fall growth area occupied by the species at the time regarding a variety of species that period, may help reduce plant cover it is listed in accordance with the designation of critical habitat would not from exotic annual plants (Brock 1987). provisions of section 4 of the Act, upon be prudent (e.g., Natural Resources In a small experiment conducted on the a determination by the Secretary that Defense Council v. U.S. Department of Preserve, germination and seedling such areas are essential for the the Interior 113 F. 3d 1121 (9th Cir. survivorship of the rare plants was conservation of the species. 1997); Conservation Council for Hawaii increased on plots that were raked, as ‘‘Conservation’’ means the use of all v. Babbitt, 2 F. Supp. 2d 1280 (D. compared with untreated, or raked and methods and procedures needed to Hawaii 1998)). Based on the standards scarified plots (D. Borgias, pers. comm. bring the species to the point at which applied in those judicial opinions, we 1998). listing under the Act is no longer believe that designation of critical necessary. Catastrophic events, such as fire, habitat would be prudent for both L. Critical habitat designation, by cookii and L. f. ssp. grandiflora. could eliminate the large occurrences of definition, directly affects only Federal Lomatium cookii and Limnanthes Due to the small number of agency actions through consultation populations both, Lomatium cookii and floccosa ssp. grandiflora located on the under section 7(a)(2) of the Act. Section Preserve (J. Kagan, pers. comm. 1998). Limnanthes floccosa ssp. grandiflora are 7(a)(2) requires Federal agencies to vulnerable to unrestricted collection, Demographic extinction is possible for ensure that activities they authorize, nine other occurrences of L. cookii, vandalism, or other disturbance. We are fund, or carry out are not likely to concerned that these threats might be mostly in the French Flat area, because jeopardize the continued existence of a of their small size (fewer than 100 exacerbated by the publication of listed species or destroy or adversely critical habitat maps and further plants). Many of the known French Flat modify its critical habitat. sites are found directly adjacent to dissemination of locational information. Section 4(a)(3) of the Act, as However, at this time we do not have roads, increasing the possibility of amended, and implementing regulations extirpation. specific evidence for either Lomatium (50 CFR 424.12) require that, to the cookii or Limnanthes floccosa ssp. We have carefully assessed the best maximum extent prudent and grandiflora of taking, vandalism, scientific and commercial information determinable, we designate critical collection, or trade of this species or any available regarding the past, present, habitat at the time the species is similarly situated species. and future threats faced by Lomatium determined to be endangered or Consequently, consistent with cookii and Limnanthes floccosa ssp. threatened. Our regulations (50 CFR applicable regulations (50 CFR grandiflora in determining to propose 424.12(a)(1)) state that the designation 424.12(a)(1)(i)) and recent case law, we this rule. These species occupy an of critical habitat is not prudent when do not expect that the identification of extremely restricted geographic range, one or both of the following situations critical habitat will increase the degree with roughly 80 ha (200 ac) and 47 ha exist—(1) the species is threatened by of threat to this species of taking or (116 ac) of known occupied habitat for taking or other human activity, and other human activity. L. cookii and L. f. ssp. grandiflora, identification of critical habitat can be In the absence of a finding that critical respectively. The majority of these expected to increase the degree of threat habitat would increase threats to a plants’ remaining occupied habitat is to the species, or (2) such designation of species, if there are any benefits to threatened by commercial, industrial, critical habitat would not be beneficial critical habitat designation, then a and residential development; road and to the species. prudent finding is warranted. In the utilities construction and maintenance, The Final Listing Priority Guidance case of this species, there may be some including herbicide spraying; leveling for FY 1999/2000 (64 FR 57114) states benefits to designation of critical for agriculture or pasture; ill-timed that the processing of critical habitat habitat. The primary regulatory effect of grazing or mowing; competition with determinations (prudency and critical habitat is the section 7 introduced plants; mining; ORV use; determinability decisions) and proposed requirement that Federal agencies certain timber sale activities; or final designations will no longer be refrain from taking any action that encroachment of trees and shrubs subject to prioritization under the destroys or adversely modifies critical associated with fire suppression; and Listing Priority Guidance. Critical habitat. While a critical habitat random natural events. Based on this habitat determinations, which were designation for habitat currently evaluation, the preferred action is previously included in final listing rules occupied by this species would not be therefore to propose the listing of L. published in the Federal Register, may likely to change the section 7 cookii and L. f. ssp. grandiflora as now be processed separately, in which consultation outcome because an action endangered species. Other alternatives case stand-alone critical habitat that destroys or adversely modifies such to this action were considered but not determinations will be published as critical habitat would also be likely to preferred because not listing or listing as notices in the Federal Register. We will result in jeopardy to the species, there threatened would not be consistent with undertake critical habitat may be instances where section 7 the Act. determinations and designations during consultation would be triggered only if

VerDate 112000 14:41 May 12, 2000 Jkt 190000 PO 00000 Frm 00028 Fmt 4702 Sfmt 4702 E:\FR\FM\15MYP1.SGM pfrm04 PsN: 15MYP1 30948 Federal Register / Vol. 65, No. 94 / Monday, May 15, 2000 / Proposed Rules critical habitat is designated. Examples individuals. The Act provides for would also be required for the two could include unoccupied habitat or possible land acquisition and plants that are the subject of this occupied habitat that may become cooperation with the States and requires rulemaking, should they be listed. unoccupied in the future. There may that recovery actions be carried out for In 1997, the Oregon Department of also be some educational or all listed species. The protection Corrections was considering placing a informational benefits to designating required of Federal agencies and the new prison facility in the Agate Desert critical habitat. Therefore, we propose prohibitions against certain activities area (D. Borgias, pers. comm. 1999). One that critical habitat is prudent for both involving listed plants are discussed, in of the potential locations for this facility Lomatium cookii and Limnanthes part, below. would have impacted a number of floccosa ssp. grandiflora. However, the Section 7(a) of the Act, requires extant Lomatium cookii and Limnanthes deferral of the critical habitat Federal agencies to evaluate their floccosa ssp. grandiflora sites. This designation for these species will allow actions with respect to any species that location was not chosen. However, any us to concentrate our limited resources is proposed or listed as endangered or further developments of this nature on higher priority critical habitat threatened and with respect to its requiring Federal involvement would (including court ordered designations) critical habitat, if any is being require consultation pursuant to section and other listing actions, while allowing designated. Regulations implementing 7 of the Act for the vernal pool fairy us to put in place protections needed for this interagency cooperation provision shrimp, and for the two plants that are the conservation of both L. cookii and L. of the Act are codified at 50 CFR part the subject of this proposed rulemaking, f. ssp. grandiflora without further delay. 402. Section 7(a)(4) of the Act requires should they be listed. However, because we have successfully Federal agencies to confer with us on With regard to recovery, Lomatium reduced, although not eliminated, the any action that is likely to jeopardize cookii and Limnanthes floccosa ssp. backlog of other listing actions, we the continued existence of a proposed grandiflora plants in the Agate Desert anticipate in FY 2000 and beyond giving species or result in destruction or may be able to repopulate a site that was higher priority to critical habitat adverse modification of proposed disturbed, if the hard pan soil layer and designation, including designations critical habitat. If a species is listed the historical or otherwise appropriate deferred pursuant to the Listing Priority subsequently, section 7(a)(2) requires hydrologic patterns remain intact. These Guidance, such as the designation for Federal agencies to ensure that activities plants may also be able to repopulate these species, than we have in recent they authorize, fund, or carry out are not historical habitat naturally, if a fiscal years. likely to jeopardize the continued sufficient amount of seed remains in the We plan to employ a priority system existence of such a species or destroy or soil and young plants are not grazed or for deciding which outstanding critical adversely modify its critical habitat. If a sprayed (J. Kagan, pers. comm. 1998). habitat designations should be Federal action may affect a listed For example, L. cookii appears to have addressed first. We will focus our efforts species or its critical habitat, the repopulated the Antelope Road site after on those designations that will provide responsible Federal agency must enter the area was leveled in the 1940’s. Plant the most conservation benefit, taking into consultation with us. numbers at this site, however, decreased into consideration the efficacy of critical Seven occurrences of Lomatium from 1,000 in 1987 to 500 in 1992. The habitat designation in addressing the cookii exist on Federal land managed by reason for this decline is unknown. The threats to the species, and the the BLM. Should this species be listed, Avenue H site was leveled in 1954 but magnitude and immediacy of those BLM actions that may affect the species the site was repopulated because the threats. We will make the final critical (including permits governing mining hard pan layer was not disturbed, thus habitat determination with the final activities) would be subject to section 7 allowing soil moisture to remain listing determination for both Lomatium of the Act. BLM has conducted some sufficiently high. Plant counts at this cookii and Limnanthes floccosa ssp. conservation actions for L. cookii, site also decreased from approximately grandiflora. If this final critical habitat including regular surveys of certain sites 14,000 in 1987 to 6,000 in 1992, again determination is that critical habitat is and attempts to exclude ORVs from for unknown reasons (J. Kagan, pers. prudent, we will develop a proposal to vulnerable populations (L. Mazzu, pers. comm. 1998). Any proposed habitat designate critical habitat for both comm. 1998). The Federal Aviation creation or restoration work for these Lomatium cookii and Limnanthes Administration could be involved in plants would require careful planning floccosa ssp. grandiflora as soon as section 7 consultation on the Medford prior to implementation, and close feasible, considering our workload Airport project. In areas that presently monitoring thereafter. priorities. Unfortunately, for the support L. cookii or Limnanthes The Oregon Department of State Parks immediate future, most of Region 1’s floccosa ssp. grandiflora, housing loans has undertaken protective measures for listing budget must be directed to insured by the Department of Housing the Lomatium cookii site that occurs on complying with numerous court orders and Urban Development could be park property. The Department recently and settlement agreements, as well as subject to consultation. fenced the entrance road to exclude due and overdue final listing The Corps has been involved with ORV use from areas near the road where determinations. vernal pool protection through its this rare plant occurs. The Departments permitting authority under section 404 proposed plans for a campground in the Available Conservation Measures of the Clean Water Act. By regulation, area will be designed to protect this rare Conservation measures provided to Corps permits may not be issued where plant (M. Stenberg, pers. comm. 1998). species listed as endangered or a federally listed endangered or Listing these two plants would threatened under the Act include threatened species may be affected by provide for development of a recovery recognition, recovery actions, the proposed project without first plan (or plans). Such plan(s) would requirements for Federal protection, and completing consultation pursuant to bring together both State and Federal prohibitions against certain activities. section 7 of the Act. Due to the recent efforts for conservation of the plants. Recognition through listing results in discovery of the threatened vernal pool The plan(s) would establish a public awareness and conservation fairy shrimp in the Agate Desert, framework for agencies to coordinate actions by Federal, State, and local consultation will now be required for activities and cooperate with each other agencies, private organizations, and wetland fills in the area. Consultation in conservation efforts. The plan(s)

VerDate 112000 14:41 May 12, 2000 Jkt 190000 PO 00000 Frm 00029 Fmt 4702 Sfmt 4702 E:\FR\FM\15MYP1.SGM pfrm04 PsN: 15MYP1 Federal Register / Vol. 65, No. 94 / Monday, May 15, 2000 / Proposed Rules 30949 would set recovery priorities and actions affecting these plants on Federal Public Comments Solicited estimate costs of various tasks necessary property would not likely result in a We intend that any final action to accomplish them. The plan(s) also violation of section 9, provided these resulting from this proposal will be as would describe site-specific activities are carried out in accordance accurate and as effective as possible. management actions necessary to with existing regulations and permit Therefore, we solicit comments or achieve conservation and survival of the requirements: suggestions from the public, other two plants. Additionally, pursuant to (1) Activities authorized, funded, or concerned governmental agencies, the section 6 of the Act, we would be able carried out by Federal agencies (e.g., scientific community, industry, or any to grant funds to the State of Oregon for livestock grazing, agricultural other interested party concerning this management actions promoting the conversions, wetland and riparian proposed rule. Comments are protection and recovery of these species. habitat modification, flood and erosion particularly sought concerning: The Act and its implementing control, residential development, (1) Biological, commercial trade, or regulations set forth a series of general recreational trail development, road other relevant data concerning any prohibitions and exceptions that apply construction, hazardous material threat (or lack thereof) to Lomatium to all endangered plants. All containment and cleanup activities, prohibitions of section 9(a)(2) of the Act, cookii or Limnanthes floccosa ssp. prescribed burns, pesticide/herbicide implemented by 50 CFR 17.61, for grandiflora; application, pipelines or utility lines (2) The location of any additional endangered plants, apply. These crossing suitable habitat) when such prohibitions, in part, make it illegal for occurrences of L. cookii or L. f. ssp. activity is conducted in accordance with any person subject to the jurisdiction of grandiflora and the reasons why any any reasonable and prudent measures the United States to import or export, habitat of these species should or given by us in a consultation conducted transport in interstate or foreign should not be determined to be critical under section 7 of the Act; commerce in the course of a commercial habitat pursuant to section 4 of the Act; activity, sell or offer for sale in interstate (2) Casual, dispersed human activities (3) Additional information concerning or foreign commerce, or remove and on foot or horseback (e.g., bird the range, distribution, and population reduce to possession from areas under watching, sightseeing, photography, size of these species; and Federal jurisdiction any such plant. In camping, hiking); (4) Current or planned activities in the subject areas, including possible mining addition, the Act prohibits malicious (3) Activities on private lands that do operations on federally managed land, damage or destruction on areas under not require or involve Federal funding, and their possible impacts on L. cookii Federal jurisdiction and the removal, permits, or authorization, such as or L. f. ssp. grandiflora. cutting, digging up, or damaging or livestock grazing, agricultural A final determination on Lomatium destroying of such plants in knowing conversions, flood and erosion control, cookii and Limnanthes floccosa ssp. violation of any State law or regulation, residential development, road grandiflora will take into consideration or in the course of violation of State construction, and pesticide/herbicide the comments and any additional criminal trespass law. Certain application when consistent with label information received by us, and such exceptions to the prohibitions apply to restrictions; and our agents and State conservation communications may lead to a final (4) Residential landscape determination that differs from this agencies. maintenance (including irrigation) and The Act and 50 CFR 17.62 and 17.63 proposal. the clearing of vegetation around one’s also provide for the issuance of permits You may submit comments and personal residence as a firebreak. to carry out otherwise prohibited materials on this proposal should in activities involving endangered plant We believe that the following actions person or by mail to: Field Supervisor, species. Such permits are available for could result in a violation of section 9; U.S. Fish and Wildlife Service, Oregon scientific purposes and to enhance the however, possible violations are not State Office, 2600 S.E. 98th Avenue, propagation or survival of the species. limited to these actions alone: Portland, Oregon 97266. Alternatively, We anticipate that few trade permits (1) Unauthorized collecting of the you may send comments via the Internet would ever be sought or issued because species on Federal lands; and to [email protected]. Please submit Internet comments as an ASCII file these plants are not in cultivation or (2) Interstate or foreign commerce and avoiding the use of special characters common in the wild. import/export without previously and any form of encryption. Please also As published in the Federal Register obtaining an appropriate permit. include ‘‘Attn: RIN 1018–AF84’’ and on July 1, 1994 (59 FR 34272), it is our Permits to conduct activities are your name and return address in your policy to identify to the maximum available for purposes of scientific Internet message. If you do not receive extent practicable at the time a species research and enhancement of a confirmation from the system that we is listed those activities that would or propagation or survival of the species. would not constitute a violation of have received your Internet message, section 9 of the Act. The intent of this Questions regarding whether specific please contact us directly by calling our policy is to increase public awareness of activities would constitute a violation of Oregon State Office at phone number the effect of this listing on proposed and section 9 should be directed to the State 503–231–6179. Please note that the ongoing activities within the species’ Supervisor of our Oregon State Office Internet address ‘‘[email protected]’’ will range. Limnanthes floccosa ssp. (see ADDRESSES section). be closed out at the termination of the grandiflora is not presently known to Requests for copies of the regulations public comment period. occur on Federal land, although two regarding listed plants and inquiries Comments and materials received, occurrences are known from the vicinity regarding prohibitions and permits may will be available for public inspection, of Table Rock, where BLM manages be addressed to the U.S. Fish and by appointment, during normal business some land. Lomatium cookii is known Wildlife Service, Ecological Services, hours at the above address. Our practice to occur on lands under the jurisdiction Endangered Species Permits, 911 N.E. is to make comments, including names of the BLM. 11th Avenue, Portland, Oregon, 97232– and home addresses of respondents, We believe that, based upon the best 4181 (telephone 503/231–2063; available for public review. We will available information, the following facsimile 503/231–6243). make all submissions from

VerDate 112000 14:41 May 12, 2000 Jkt 190000 PO 00000 Frm 00030 Fmt 4702 Sfmt 4702 E:\FR\FM\15MYP1.SGM pfrm04 PsN: 15MYP1 30950 Federal Register / Vol. 65, No. 94 / Monday, May 15, 2000 / Proposed Rules organizations or businesses, and from are easy to understand. We invite your The authors of the proposed rule to individuals representing organizations comments on how to make this list Lomatium cookii are Marilyn or businesses, available for public regulation easier to understand, Hemker, U.S. Fish and Wildlife Service, inspection in their entirety. We will not including answers to questions such as Boise Field Office, 1387 South Vinnell consider anonymous comments. the following—(1) Are the requirements Way, Room 368, Boise, Idaho 83709 However, individual respondents may in the regulation clearly stated? (2) Does (telephone 208/378–5243), and Judy request that we withhold their home the regulation contain technical jargon Jacobs, U.S. Fish and Wildlife Service, address, and under certain that interferes with the clarity? (3) Does Oregon State Office (see ADDRESSES circumstances, their identity, from the the format of the regulation (grouping section). The author of the proposal to rulemaking record. We will honor such and order of the sections, use of list Limnanthes floccosa ssp. grandiflora requests to the extent allowable by law. headings, paragraphing, etc.) aid or is Judy Jacobs. If you wish us to withhold your name reduce its clarity? (4) Is the description List of Subjects in 50 CFR Part 17 and/or address, please state this of the regulation in the SUPPLEMENTARY prominently at the beginning of your INFORMATION section of the preamble Endangered and threatened species, comment. helpful in understanding the regulation? Exports, Imports, Reporting and The Act provides for one or more What else could we do to make this recordkeeping requirements, public hearings on this proposal, if regulation easier to understand? Transportation. requested. Requests must be received Required Determinations within 45 days of the date of publication Proposed Regulation Promulgation This rule does not contain any of the proposal in the Federal Register. For the reasons given in the preamble, information collection requirements for Such requests must be made in writing we propose to amend part 17, which Office of Management and and be addressed to the State subchapter B of chapter I, title 50 of the Budget (OMB) approval under the Supervisor, U.S. Fish and Wildlife Code of Federal Regulations, as set forth Paperwork Reduction Act, 44 U.S.C. Service, Oregon State Office (see below: ADDRESSES section). 3501 et seq., is required. Any information collection related to the PART 17Ð[AMENDED] National Environmental Policy Act rule pertaining to permits for We have determined that endangered and threatened species has 1. The authority citation for part 17 environmental assessments, as defined OMB approval and is assigned clearance continues to read as follows: under the authority of the National number 1018–0094. This rule does not Authority: 16 U.S.C. 1361–1407; 16 U.S.C. Environmental Policy Act of 1969, need alter that information collection 1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99– not be prepared in connection with requirement. For additional information 625, 100 Stat. 3500, unless otherwise noted. regulations adopted pursuant to section concerning permits and associated 4(a) of the Act, as amended. We requirements for endangered plants, see 2. Section 17.12(h) is amended by published a notice outlining our reasons 50 CFR 17.62 and 17.63. adding the following, in alphabetical for this determination in the Federal order under FLOWERING PLANTS, to References Cited Register on October 25, 1983 (48 FR the List of Endangered and Threatened 49244). A complete list of all references cited Plants: in this document is available upon § 17.12 Endangered and threatened plants. Executive Order 12866 request from the State Supervisor, Executive Order 12866 requires each Oregon State Office (see ADDRESSES * * * * * agency to write regulations/notices that section). (h) * * *

Species Historic range Family Status When listed Critical Special Scientific name Common name habitat rules

FLOWERING PLANTS

******* Limnanthes floccosa Large-flowered U.S.A. (OR) ...... Limnanthaceae ...... E ...... NA NA ssp. grandiflora. wooly meadowfoam.

******* Lomatium cookii ...... Cook's lomatium ..... U.S.A. (OR) ...... Apiaceae ...... E ...... NA NA

*******

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Dated: April 12, 2000. ADDRESSES: The public hearing will be Anyone wishing to make an oral Jamie Rappaport Clark, held at the San Ramon Marriott, 2600 statement for the record is encouraged Director, Fish and Wildlife Service. Bishop Drive, Salon E, San Ramon, to provide a written copy of their [FR Doc. 00–12123 Filed 5–12–00; 8:45 am] California. Comments and materials statement and present it to the Service BILLING CODE 4310±55±P concerning this proposal should be sent at the hearing. In the event there is a to the Field Supervisor, Sacramento large attendance, the time allotted for Fish and Wildlife Office, U.S. Fish and oral statements may be limited. Oral and DEPARTMENT OF THE INTERIOR Wildlife Service, 2800 Cottage Way, written statements receive equal Suite W–2605, Sacramento, California consideration. There are no limits to the Fish and Wildlife Service 95825. Comments and materials length of written comments presented at received will be available for public the hearing or mailed to the Service. 50 CFR Part 17 inspection, by appointment, during Legal notices announcing the date, time, RIN 1018±AF98 normal business hours at the above and location of the hearing will be address. published in newspapers concurrently Endangered and Threatened Wildlife FOR FURTHER INFORMATION CONTACT: with the Federal Register notice. and Plants; Reopening of Comment Jason Davis or Heather Bell, at the above Comments from the public regarding Period on Proposed Determination of address, phone 916–414–6600, facsimile the accuracy of this proposed rule are Critical Habitat for the Alameda 916–414–6710. sought, especially regarding: Whipsnake (Masticophis lateralis SUPPLEMENTARY INFORMATION: euryxanthus) (1) The location of any additional Background populations of Alameda whipsnakes AGENCY: Fish and Wildlife Service, and the reasons why any habitat should Interior. On March 8, 2000, the Service or should not be determined to be ACTION: Proposed rule; reopening of published a proposed rule to designate critical habitat; critical habitat for the threatened comment period and notice of public (2) Additional information regarding Alameda whipsnake in the Federal hearing. the validity of the primary constituent Register (65 FR 12155). The original elements described in the proposed SUMMARY: The U.S. Fish and Wildlife comment period closed on May 8, 2000. rule; and (3) Additional information Service (Service) gives notice of a public The comment period now closes on regarding areas that may be essential as hearing on the proposed rule to June 12, 2000. Written comments travel corridors for connecting designate critical habitat for the should be submitted to the Service (see individual Alameda whipsnake threatened Alameda whipsnake ADDRESSES section). (Masticophis lateralis euryxanthus). In A total of approximately 164,663 populations. addition, the comment period which hectares (406,708 acres) of land fall Reopening of the comment period originally closed on May 8, 2000, will within the boundaries of the proposed will enable the Service to respond to the be reopened. The new comment period critical habitat designation. Proposed request for a public hearing on the and hearing will allow all interested critical habitat is located in Contra proposed action. The comment period parties to submit oral or written Costa, Alameda, San Joaquin, and Santa on this proposal now closes on June 12, comments on the proposal. We are Clara counties, California. If this 2000. Written comments should be seeking comments or suggestions from proposal is made final, section 7 of the submitted to the Service office listed in the public, other concerned Act prohibits destruction or adverse the ADDRESSES section. governmental agencies, the scientific modification of critical habitat by any Author community, industry, or any other activity funded, authorized, or carried interested parties concerning the out by any Federal agency. Section 4 of The primary authors of this notice are proposed rule. Comments already the Act requires us to consider Jason Davis and Heather Bell (see submitted on the proposed rule need economic and other impacts of ADDRESSES section). not be resubmitted as they will be fully specifying any particular area as critical considered in the final determination. habitat. Authority DATES: The comment period for this Section 4(b)(5)(E) of the Act (16 U.S.C. The authority for this action are the proposal now closes on June 12, 2000. 1531 et seq.), requires that a public Endangered Species Act of 1973 (16 Any comments received by the closing hearing be held if it is requested within U.S.C. 1531 et seq.). date will be considered in the final 45 days of the publication of a proposed decision on this proposal. The public rule. In response to three such requests, Dated: May 2, 2000. hearing will be held from 1:00 p.m. to the Service will hold a public hearing John Engbring, 3:00 p.m. and from 6:00 p.m. to 8:00 on the date and at address described in Manager. p.m. on June 1, 2000, in San Ramon, the DATES and ADDRESSES sections [FR Doc. 00–11450 Filed 5–12–00; 8:45 am] California. above. BILLING CODE 4310±55±P

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