Proposed Designation of Critical Habitat for Limnanthes Floccosa Ssp
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Tuesday, July 28, 2009 Part II Department of the Interior Fish and Wildlife Service 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 VerDate Nov<24>2008 21:45 Jul 27, 2009 Jkt 217001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\28JYP2.SGM 28JYP2 sroberts on DSKD5P82C1PROD with PROPOSALS 37314 Federal Register / Vol. 74, No. 143 / Tuesday, July 28, 2009 / Proposed Rules DEPARTMENT OF THE INTERIOR FOR FURTHER INFORMATION CONTACT: Paul (6) Any foreseeable economic, Henson, State Supervisor, U.S. Fish and national security, or other potential Fish and Wildlife Service Wildlife Service, Oregon Fish and impacts resulting from the proposed Wildlife Office, 2600 SE 98th Avenue, designation and, in particular, any 50 CFR Part 17 Suite 100, Portland, OR 97266 impacts on small entities and the (telephone 503–231–6179; facsimile benefits of including or excluding areas RIN 1018–AW21 503–231–6195). If you use a that are subject to these impacts. telecommunications device for the deaf (7) Whether the benefits of excluding [Docket No. FWS–R1–ES–2009–0046] (TDD), call the Federal Information any particular area from critical habitat [92210 1117–0000–B4] Relay Service (FIRS) at 800–877–8339. outweigh the benefits of including that Endangered and Threatened Wildlife SUPPLEMENTARY INFORMATION: area as critical habitat under section and Plants; Proposed Designation of 4(b)(2) of the Act, after considering the Public Comments Critical Habitat for Limnanthes potential impacts and benefits of the floccosa ssp. grandiflora (Large- We intend that any final action proposed critical habitat designation. Flowered Woolly Meadowfoam) and resulting from this proposal will be as (8) Whether our approach to Lomatium cookii (Cook’s Lomatium) accurate and as effective as possible. designating critical habitat could be Therefore, comments or suggestions improved or modified in any way to AGENCY: Fish and Wildlife Service, from the public, other concerned provide for greater public participation Interior. governmental agencies, the scientific and understanding, or to assist us in ACTION: Proposed rule. community, industry, or any other accommodating public concerns and interested party concerning this comments. SUMMARY: We, the U.S. Fish and proposed rule are hereby solicited. We You may submit your comments and Wildlife Service (Service), propose to particularly seek comments concerning: materials concerning this proposed rule designate critical habitat for two plants, (1) The reasons why we should or by one of the methods listed in the Limnanthes floccosa ssp. grandiflora should not designate areas as ‘‘critical ADDRESSES section. If you submit a (large-flowered woolly meadowfoam) habitat’’ under section 4 of the Act (16 comment via http:// and Lomatium cookii (Cook’s lomatium) U.S.C. 1531 et seq.), including whether www.regulations.gov, your entire under the Endangered Species Act of there are threats to Limnanthes floccosa comment—including any personal 1973, as amended (Act). We are ssp. grandiflora and Lomatium cookii identifying information—will be posted proposing to designate 2,561 hectares from human activity, the degree of on the website. If you submit a (ha) (6,327 acres (ac)) as critical habitat which can be expected to increase due hardcopy comment that includes for Limnanthes floccosa ssp. grandiflora to the designation, and whether the personal identifying information, you in Jackson County, Oregon, and 2,875 ha benefit of designation would outweigh may request at the top of your document (7,104 ac) as critical habitat for threats to the species caused by the that we withhold this information from Lomatium cookii in Jackson and designation, such that the designation of public review. However, we cannot Josephine Counties, Oregon. The total critical habitat is prudent. guarantee that we will be able to do so. critical habitat area proposed in this (2) Specific information on: We will post all hardcopy comments on rule, including critical habitat units that • The amount and distribution of http://www.regulations.gov. overlap for the two species, is 4,467 ha habitat for the species included in this Comments and materials we receive, (11,038 ac). proposed rule; as well as supporting documentation we DATES: To provide us with adequate • What areas occupied at the time of used in preparing this proposed rule, time to consider your comments, please listing, and that contain physical and will be available for public inspection at ensure that we receive them on or before biological features essential for the http://www.regulations.gov, or by September 28, 2009. We must receive conservation of the species, we should appointment, during normal business requests for public hearings, in writing, include and why; hours, at the U.S. Fish and Wildlife at the address shown in the FOR FURTHER • What areas not occupied at the time Service, Oregon Fish and Wildlife Office INFORMATION CONTACT section by of listing that are essential to the (see FOR FURTHER INFORMATION CONTACT). September 11, 2009. conservation of the species we should You may obtain copies of the ADDRESSES: You may submit comments include and why; and proposed rule by mail from the Oregon and materials concerning this proposal • Special management considerations Fish and Wildlife Office (see FOR by one of the following methods: or protection that the proposed critical FURTHER INFORMATION CONTACT) or by • Federal eRulemaking Portal: http:// habitat may require. visiting the Federal eRulemaking Portal www.regulations.gov. Follow the (3) Specific information on at http://www.regulations.gov. instructions for submitting comments to Limnanthes floccosa ssp. grandiflora Background Docket No. FWS–R1–ES–2009–0046. and Lomatium cookii and the habitat • U.S. mail or hand-delivery: Public components (physical and biological Species Information Comments Processing, Attn: Docket No. features) essential to the conservation of Limnanthes floccosa ssp. grandiflora FWS–R1–ES–2009–0046; Division of these species, such as soil moisture and Lomatium cookii were listed as Policy and Directives Management; U.S. gradient, microsite preferences, and endangered species under the Act in Fish and Wildlife Service; 4401 N. light requirements. 2002 (67 FR 68004; November 7, 2002). Fairfax Drive, Suite 222; Arlington, VA (4) Any information on the biological In this proposed rule, we intend to 22203. or ecological requirements of these discuss only those topics directly We will post all comments on http:// species. relevant to the designation of critical www.regulations.gov. This generally (5) Land-use designations and current habitat for these two species. For means that we will post any personal or planned activities in areas occupied detailed information on the taxonomy information you provide us (see the by the species, and their possible and biology of L. f. ssp. grandiflora and Public Comments section below for impacts on the species and the proposed L. cookii, please refer to the final listing more information). critical habitat. rule published in the Federal Register VerDate Nov<24>2008 18:24 Jul 27, 2009 Jkt 217001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 E:\FR\FM\28JYP2.SGM 28JYP2 sroberts on DSKD5P82C1PROD with PROPOSALS Federal Register / Vol. 74, No. 143 / Tuesday, July 28, 2009 / Proposed Rules 37315 on November 7, 2002 (67 FR 68004) and stems (Kagan 1986, pp. 73-74; USFWS pool habitat occupied by Lomatium the Draft Recovery Plan for Listed 2006, pp. II-15–II-17). Lomatium cookii cookii in the same basin area ranges Species of the Rogue Valley Vernal Pool is associated with vernal pool–mounded from 372 to 411 m (1,220 to 1,350 ft) in and Illinois Valley Wet Meadow prairie habitat, but also occurs in elevation (Huddleston 2001, p. 11; Ecosystems (USFWS 2006, pp. II-1 to II- seasonally wet meadow habitat in forest USGS 2009). 17). openings (ONHDB 1994, pp. 9–10). The habitats occupied by Lomatium Limnanthes floccosa ssp. grandiflora Limnanthes floccosa ssp. grandiflora cookii in the Illinois River Valley are and Lomatium cookii are endemic to and Lomatium cookii are both more complex than the Rogue River seasonal wetland habitats of associated with the remaining relatively Valley in both soil composition and soil southwestern Oregon. L. F. ssp. undisturbed vernal pool–mounded depth. Lomatium cookii occurs on 17 grandiflora is restricted to Jackson prairie habitat in the Middle Rogue mapped soil types in the Illinois River County in the Rogue River Valley, River Basin’s Agate Desert Valley. The majority of Lomatium cookii where it co-occurs with Lomatium (Environmental Science Associates occurrences in the Illinois River Valley cookii in several areas near White City (ESA) 2007, p. 2-1; ONHP 1997, p. 3). are found on Brockman clay loam, in an area known as the Agate Desert Relative to the pools, the plants often Josephine gravelly loam, and Pollard (ONHP 1997, p. 3; Huddleston 2001, p. occur in pool margins, or less often on loam (USDA 2008). Unlike the Middle 11). Lomatium cookii occurs in two both mound tops and depression Rogue River Basin soils, many of the disjunct locations: (1) in the Rogue bottoms of less intact vernal pools. Lomatium cookii-occupied soil types River Valley, near the towns of Medford, The substrate underlying the vernal originate from stream-fed alluvium White City, and Eagle Point; and (2) in pool topography in the Middle Rogue covering sedimentary or ultramafic the Illinois River Valley of Josephine River Valley is primarily basalt within rocks (ONHDB 1994, pp. 9–10). County near the towns of Selma, Cave a matrix of thick clay soil, which creates Ultramafic rock is a class of rock that is Junction, and O’Brien (ONHDB 1994, p. a hardpan or duripan layer (mineral soil low in calcium and high in iron and 5).