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

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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

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

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

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directly affect plants with equipment, or meadow habitat as part of an populations, located at the French Flat indirectly affect plants as a result of experiment to test their ability to Area of Critical Environmental Concern road construction. Road construction accumulate nickel. Unfortunately the (ACEC), the Medford District of the can result in population fragmentation, plants have now begun to spread Bureau of Land Management (BLM) is alteration of hydrology, or the covering rapidly across wide areas of serpentine currently planning to arrest this decline of plants by fill material, resulting in meadow in particularly dense by reducing shrub and tree degradation of habitat and direct loss of concentrations and threaten to encroach encroachment (S. Fritts, pers. comm. plants. upon and displace Lomatium cookii 2009). At two Lomatium cookii • Vandalism refers to the intentional populations in the Illinois Valley (ODA populations located on The Nature disregard or dismantling of signing or and USFS 2008, pp. 1–3). Conservancy’s Agate Desert Preserve fencing intended to protect certain Threats to Lomatium cookii in the and Whetstone Savanna Preserve, wetland areas from unauthorized ORV Illinois Valley include aggregate and planting of native bunchgrass, mowing, use, which may then result in negative mineral mining, residential and urban and grazing are being considered to effects on the hydrology of the habitat. development, impacts associated with address declining plant numbers (D. • The removal of surface material in timber harvesting practices, road Borgias, pers. comm. 2009). conjunction with mining activities construction and maintenance, ground results in the direct loss of habitats. disturbance by ORV use that affects Previous Federal Actions • Heavy grazing, especially from surface hydrology, garbage dumping, For more information on Federal October through April, would be an succession of native woody vegetation actions concerning Limnanthes floccosa example of incompatible grazing. The due to fire suppression, incompatible ssp. grandiflora and Lomatium cookii majority of seasonal growth for these grazing practices, and herbivory by prior to their listing, please refer to the two plants occurs during the winter, gophers and voles; the effects of most of final listing rule for the two plants and if plants are grazed during the fall these threats are described above. The published in the Federal Register on and winter months, they are less likely dumping of garbage, especially such November 7, 2002 (67 FR 68004). At the to produce seed in the spring or early large items as old appliances, can time of listing, critical habitat was not summer (Brock 1987, p. 23). Vernal pool directly affect populations by crushing designated for the two species due to hydrology may also be altered by the or smothering them. Succession of higher priorities at that time. compression and compaction native woody vegetation, although a On December 19, 2007, the Center for disturbance caused by grazing livestock. natural process, is normally held in Biological Diversity filed a complaint Nonnative plants can outcompete and check by fire. In the Illinois Valley, the against the Service (Center for Biological displace native plant species and may longer fire return intervals due to fire Diversity v. Kempthorne, et al., 07-CV- also inhibit successful germination of suppression has led to the 2378 IEG, (S.D. CA)) for failure to seeds. Herbivory by gophers and voles encroachment of native woody designate critical habitat for four plant results in direct mortality of individual vegetation (trees and shrubs) into the species, including Limnanthes floccosa plants, as well as an indirect decrease in wet meadow habitats occupied by ssp. grandiflora and Lomatium cookii reproduction. Lomatium cookii. Such native woody (the other two species occur in different Limnanthes floccosa ssp. grandiflora plants include: Ceanothus cuneatus regions). In a settlement agreement and Lomatium cookii are also (buckbrush), Pinus ponderosa reached on April 11, 2008, we agreed to threatened by encroachment of (Ponderosa pine), Pinus jeffreyi (Jeffrey complete a critical habitat nonnative annual herbs, including pine), Pseudotsuga menziesii (Douglas- determination for L. f. ssp. grandiflora Centaurea solstitialis (yellow starthistle) fir), and Toxicodendron diversiloba and Lomatium cookii in a single and Cardaria draba (hoary cress), which (poison oak). The succession of these rulemaking because they share similar may competitively exclude the two species in Lomatium cookii habitat can habitats. We agreed to submit a native species, as well as nonnative isolate the species into small refuge proposed critical habitat rule for both L. annual grasses, namely Hordeum pockets or cause widespread reduction f. ssp. grandiflora and Lomatium cookii marinum ssp. gussoneanum of habitat suitability by reducing light to the Federal Register by July 15, 2009, (Mediterranean barley) and availability (over-shading), limiting and a final rule by July 15, 2010. Taeniantherum caput-medusae water and nutrient availability, In 2003, critical habitat was (medusahead). Hordeum marinum ssp. fragmenting populations, and limiting designated for the threatened vernal gussoneanum encroaches on space to grow. Individuals of Lomatium pool fairy shrimp (Branchinecta lynchi) microhabitats occupied by both species, cookii growing in more shaded in California and the Rogue River Valley but T. caput-medusae occurs on conditions, as when surrounded by of Oregon (68 FR 46683; August 6, adjacent upland mound habitats, shrubs, tend to be smaller and less 2003). The designated vernal pool fairy occasionally interfering with Lomatium robust than plants growing in more shrimp critical habitat in Oregon cookii germination and growth, or open areas in association with lower overlaps with approximately 2,101 ha stifling native plant growth in general. growing grasses and forbs (ONHIC (5,192 ac) of suitable habitat for Reproduction of both Lomatium cookii 2008). Limnanthes floccosa ssp. grandiflora and L. f. spp. grandiflora is impaired by Several long-term monitoring efforts and 799 ha (1,974 ac) of suitable habitat the presence of introduced annual indicate that, at four protected locations for Lomatium cookii (68 FR 46683). The grasses, as seeds of both native species in the Rogue and Illinois River Valleys, vernal pool fairy shrimp critical habitat are not able to germinate under the Lomatium cookii populations have designation resulted in additional dense thatch produced by nonnative experienced declines (D. Borgias, pers. regulatory review for habitats occupied annual grasses. Recently introduced comm. 2006; Kaye and Thorpe 2008, pp. by both L. f. ssp. grandiflora and nonnative invasive plants that are 16–25). The causes are not specifically Lomatium cookii in most of Jackson particularly threatening to Lomatium known but appear to be due to County due to the similarity and cookii in the Illinois Valley are Alyssum encroachment and over-shading from location of the vernal pool–mounded murale (yellowtuft) and A. corsicum the succession of natural vegetation or prairie habitat shared by these species. (alisso di Corsica). These two plants increases in gopher and vole activity. At In this proposed rule, we will note were recently introduced to serpentine two of the declining Lomatium cookii where designated critical habitat for the

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vernal pool fairy shrimp overlaps with 7(a)(2) of the Act that Federal agencies that are necessary to bring any that proposed for L. f. ssp. grandiflora refrain from taking any action that endangered species or threatened and Lomatium cookii. destroys or adversely affects critical species to the point at which the habitat. The proposed critical habitat for measures provided pursuant to the Act Prudency Determination Limnanthes floccosa ssp. grandiflora are no longer necessary. Section 4(a)(3) of the Act, as and Lomatium cookii is composed of Critical habitat receives protection amended, and implementing regulations lands under Federal, State, county, under section 7 of the Act through the (50 CFR 424.12) require that, to the municipal, and private ownership. prohibition against destruction or maximum extent prudent and Some of the lands designated as critical adverse modification of critical habitat determinable, we designate critical habitat may be subject to Federal actions with regard to discretionary actions habitat at the time the species is that trigger the section 7 consultation carried out, funded, or authorized by a determined to be endangered or requirement, such as the granting of Federal agency. Section 7 requires threatened. Our regulations (50 CFR Federal monies for conservation projects consultation on discretionary Federal 424.12(a)) further state that the or the need for Federal permits for actions that may affect critical habitat. designation of critical habitat is not projects (for example, the filling of The designation of critical habitat does prudent when one or both of the wetlands subject to section 404 of the not affect land ownership or establish a following situations exist—(1) The Clean Water Act (33 U.S.C. 1344, et refuge, wilderness, reserve, preserve, or species is threatened by taking or other seq.)). There may also be some other conservation area. Such human activity, and identification of educational or informational benefits to designation does not allow government critical habitat can be expected to the designation of critical habitat. or public access to private lands. increase the degree of threat to the Educational benefits include the To be included in a critical habitat species, or (2) such designation of notification of landowners, land designation, the habitat within the critical habitat would not be beneficial managers, and the general public of the geographic area occupied by the species to the species. importance of protecting the habitat of at the time it was listed must first have There is no documentation that these species. In the case of L. f. ssp. the physical and biological features that Limnanthes floccosa ssp. grandiflora or grandiflora and Lomatium cookii, these are essential to the conservation of the Lomatium cookii are threatened by aspects of critical habitat designation species. Critical habitat designations taking or targeted human activities such would potentially benefit the identify, to the extent known using the as collection. Since the publication of conservation of these species. best scientific data available, habitat the Draft Recovery Plan for Listed Although these species are limited in areas that provide essential life-cycle Species of the Rogue Valley Vernal Pool their ecological and geographical ranges, needs of the species (i.e., areas on which and Illinois Valley Wet Meadow we have no information indicating that are found the primary constituent Ecosystems (draft recovery plan) a critical habitat designation would not elements, as defined at 50 CFR (USFWS 2006, pp. IV-13–IV-14) in 2006, be prudent due to the threat of 424.12(b)). Occupied habitat that maps identifying core recovery areas for overcollection or vandalism. Therefore, contains features essential to the L. f. ssp. grandiflora and Lomatium since we have determined that the conservation of the species meets the cookii have been available to the public. designation of critical habitat will not definition of critical habitat only if those The core recovery areas included focal likely increase the degree of threat to features may require special areas where we anticipated conservation these species and may provide some management considerations or and protection could result in recovery measure of benefit, we find that protection. Under the Act, we can of the two species. Most landowners designation of critical habitat is prudent designate areas that were unoccupied at and collectors have been aware of the for Limnanthes floccosa ssp. grandiflora the time of listing only when we location of general L. f. ssp. grandiflora and Lomatium cookii: thus, we are determine that the best available and Lomatium cookii occurrence proposing to designate critical habitat in scientific data demonstrate that the locations since publication of the draft accordance with section 4(b)(2) of the designation of the area is essential to the recovery plan in 2006. We do not have Act. conservation of the species. When the any documentation that threats have best available scientific data do not increased since these species were listed Critical Habitat demonstrate that the conservation needs and since the draft recovery plan was Critical habitat is defined in section 3 of the species require such additional published. of the Act as: areas, we will not designate critical In the absence of evidence that the 1. The specific areas within the habitat in areas outside the geographical designation of critical habitat would geographical area occupied by a species, area occupied by the species at the time increase threats to a species, if there are at the time it is listed in accordance of listing. An area currently occupied by any benefits to a critical habitat with the Act, on which are found those the species but not occupied at the time designation, then a prudent finding is physical or biological features of listing may, however, be determined warranted. The potential benefits of a (a) Essential to the conservation of the to be essential to the conservation of the critical habitat designation include: (1) species, and species and may be included in the Federal agency compliance with the (b) Which may require special critical habitat designation. consultation requirements to avoid management considerations or Section 4 of the Act requires that we destruction or adverse modification of protection; and designate critical habitat on the basis of critical habitat; (2) focusing 2. Specific areas outside the the best scientific and commercial data conservation activities on the most geographical area occupied by a species available. Further, our ‘‘Policy on essential features and areas; (3) at the time it is listed, upon a Information Standards Under the providing educational benefits to State determination that such areas are Endangered Species Act,’’ published in or county governments or private essential for the conservation of the the Federal Register on July 1, 1994 (59 entities; and (4) preventing people from species. FR 34271), and Section 515 of the causing inadvertent harm to the species. Conservation, as defined under Treasury and General Government The primary regulatory effect of critical section 3 of the Act, means to use and Appropriations Act for Fiscal Year 2001 habitat is the requirement under section the use of all methods and procedures (P.L. 106-554; H.R. 5658) and the

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associated Information Quality 68004; November 7, 2002) rules to list historical geographical and ecological Guidelines issued by the Service, these species; the draft recovery plan distributions of a species. provide criteria, establish procedures, (USFWS 2006); data contained in The appropriate quantity and spatial and provide guidance to ensure that reports prepared for or by the U.S. arrangement of the principal biological decisions made by the Service make use Bureau of Land Management (BLM) or physical features within the defined of the best scientific and commercial (1999 through 2008), the Oregon area essential to the conservation of the data available. Department of Agriculture’s (ODA) species comprise the ‘‘primary When we are determining which areas Native Plant Conservation Program constituent elements’’ (PCEs) of critical should be proposed as critical habitat, a (2007-2008), and The Nature habitat. As defined by our implementing primary source of information is Conservancy (TNC) (1998 through regulations at 50 CFR 424.12(b)), these generally the information developed 2008); discussions with species experts primary constituent elements may during the listing process for the including ODA, BLM, ONHIC, and TNC include, but are not limited to, features species. Additional information sources staff; data and information presented in such as roost sites, nesting grounds, may include the recovery plan for the academic research theses; data provided spawning sites, feeding sites, seasonal species, articles in peer-reviewed by ONHIC; Oregon State University wetlands or drylands, water quality and journals, conservation plans developed herbarium records; and data submitted quantity, host species or plant by States and counties, scientific status during section 7 consultations. pollinators, geological formations, surveys and studies, biological Additionally, we utilized regional vegetation types, tides, and specific soil assessments, or other unpublished Geographic Information System (GIS) types. materials and expert opinion or shape files for area calculations and The specific PCEs required for personal knowledge. mapping, such as United States Limnanthes floccosa ssp. grandiflora We recognize that designation of Department of Agriculture (USDA) and Lomatium cookii are derived from critical habitat may not include all of National Agriculture Imagery Program the biological needs of the species as the habitat areas that may eventually be aerial imagery, USDA soil maps, and described in the Background section of determined to be necessary for the United States Geological Survey (USGS) this proposed rule and the information recovery of the species, based on the contour maps (USDA 2006a, 2006b, presented below. scientific data currently before the 2008; USGS 2002, 2009). We are not Space for Individual and Population Service, as new information may currently proposing as critical habitat Growth, Germination, and Seed become available that indicates any areas outside the geographical area Dispersal otherwise. In addition, habitat is often presently occupied by either L. f. ssp. dynamic, and species may shift from Limnanthes floccosa ssp. grandiflora grandiflora or Lomatium cookii, because and Lomatium cookii both occur on one area to another over time. For these the draft recovery plan indicates that reasons, a critical habitat designation vernal pool–mounded prairie and other recovery can be attained within the should not be interpreted as meaning ephemeral wetland habitats underlain present range of each species (USFWS that habitat outside the designation is by relatively undisturbed subsoils 2006). Our regulations stipulate that unimportant or may not be required for subject to periodic inundation (Borgias critical habitat shall be designated the recovery of the species in question. 2004, pp. 17–20; ONHDB 1994, pp. 9– Areas that support populations, but outside the areas presently occupied by 10). In the Agate Desert, both species are outside the critical habitat a species only when a designation occur in low-gradient mounded habitat designation, will continue to be subject limited to its present range would be that supports a mosaic of low-growing to conservation actions implemented inadequate to ensure the conservation of native grasses and forbs and an absence under section 7(a)(1) of the Act and to the species (50 CFR 424.12(e)). of dense canopy vegetation. The pools the regulatory protections afforded by Primary Constituent Elements typically fill during the winter rains and the section 7(a)(2) jeopardy prohibition, retain a wetted perimeter until late In accordance with section 3(5)(A)(i) as determined on the basis of the best April. In years with higher than average of the Act and regulations at 50 CFR available information at the time of the winter rainfall, more depressions fill, 424.12(b), in determining which areas action. Federally funded or permitted and individual pools that are separate in occupied at the time of listing to projects affecting listed species outside dry years may merge together (Borgias propose as critical habitat, we consider their designated critical habitat areas 2004, p. 32). The dominant native the physical and biological features may still result in jeopardy findings grasses and forbs associated with vernal essential to the conservation of the under certain circumstances. pool–mounded prairie habitat occupied species and whether those features may by L. f. ssp. grandiflora and Lomatium Methods require special management cookii include: Alopecurus geniculatus, As required by section 4(b)(2)of the considerations or protection. These Deschampsia danthonioides, Eryngium Act, we used the best scientific data features may include, but are not petiolatum, Lasthenia californica, available in determining areas occupied limited to, the following: Myosurus minimus, Navarretia at the time of listing that contain the (1) Space for individual and leucocephala ssp. leucocephala, Phlox features essential to the conservation of population growth, and for normal gracilis, Plagiobothrys bracteatus, Limnanthes floccosa ssp. grandiflora behavior; Trifolium depauperatum, and Triteleia and Lomatium cookii, considered (2) Food, water, air, light, minerals, or hyacinthina. In the Agate Desert, vernal individually. We also determined other nutritional or physiological pool–mounded prairie habitats whether those features may require requirements; occupied by Lomatium cookii, range special management considerations or (3) Cover or shelter; from 372 to 411 m (1,220 to 1,350 ft) in protection. We reviewed available (4) Sites for breeding, reproduction, elevation. In the same habitat, L. f. ssp. information that pertains to the habitat rearing (or development) of offspring, grandiflora occurrences range from 372 requirements of these species; these germination, or seed dispersal; and to 469 m (1,220 to 1,540 ft) in elevation sources of information included, but generally (USGS 2002). were not limited to, the proposed (65 FR (5) Habitats that are protected from In the Illinois River Valley, Lomatium 30941; May 15, 2000) and final (67 FR disturbance or are representative of the cookii occurs primarily in alluvial

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meadows underlain by relatively become saturated with water nearly of magnesium, nickel, chromium, undisturbed ultramafic soils subject to every year. The water regime is cobalt, zinc, and copper and higher winter inundation from rainfall, important for the sustenance of the two percent magnesium saturation. Soils seasonal flooding, and overland plants and for their ability to germinate, from Lomatium cookii habitat in the drainage (ONHDB 1994, pp. 9–10). persist, and grow in wet conditions Rogue River Valley had higher These seasonally wet meadows, during the winter months. concentrations of calcium, nitrogen, occurring within Quercus garryana- Vernal pool habitats, ephemeral phosphorus, potassium, manganese, Quercus kelloggii-Pinus ponderosa swales, seasonally wet meadows, and iron, and boron. Soils from the two forest openings, are dominated by native streamside habitats occupied by population centers had similar pH, grasses and forbs including: Limnanthes floccosa ssp. grandiflora cation exchange capacity, and percent Achnatherum lemmonii, Camassia spp., and Lomatium cookii in the Rogue River sand, silt, or clay content (Silvernail and Danthonia californica, Deschampsia and Illinois River valleys can be Meinke 2008, p. 30). cespitosa, Festuca roemeri, Poa characterized as seasonal wetlands. The secunda, Ranunculus occidentalis, and habitats are dominated by mostly Habitats Protected from Disturbance Limnanthes gracilis var. gracilis obligate or facultative wetland Development vegetation. The Lomatium cookii (ONHDB 1994, p. 9). Widely spaced, Disturbance in the form of occurrences at Rough and Ready Creek, large pine trees are characteristic of the development is a major factor in the loss the Rogue Valley International–Medford open meadow habitat with some mixed or degradation of habitat for Limnanthes pine and oak woodlands occurring Airport, and a potentially introduced floccosa ssp. grandiflora and Lomatium along seasonal creeks. In the Illinois population at Woodcock Creek are cookii. Residential or commercial River Valley area, Lomatium cookii clearly not wetlands but appear to have development can directly eliminate or ranges from 383 to 488 m (1,256 to 1,600 high clay content in the soil (Kagan fragment essential habitat for both of the ft) in elevation (USGS 2009). 1994, p. 10; Silvernail and Meinke 2008, These specific habitats and p. 31). The meadows at these sites may two species, causing declines in hydrological regimes provide the have enough of a clay component so distribution and numbers. Agricultural conditions essential for the growth and that they would be seasonally wet development, such as ripping (a form of survival of Limnanthes floccosa ssp. (ONHDB 1994, p. 10). deep tilling that potentially undermines grandiflora and Lomatium cookii and The moisture and other nutritional or the hardpan layer of the soil), water for the successful production, physiological requirements afforded by diversion, and water impoundment can germination, and dispersal of seeds. these sites provide the essential also eliminate habitat for the two plant requirements for the growth, species. Development can indirectly Slope germination, reproduction, and cause increases in nonnative plants in In the Agate Desert, Limnanthes successful seed dispersal of Limnanthes the habitat, in turn decreasing floccosa ssp. grandiflora and Lomatium floccosa ssp. grandiflora and Lomatium pollinators, habitat for pollinator cookii occur almost exclusively on low- cookii. species, and seed production of many gradient and flat terrains, not typically native vernal pool plants (Thorp and Soil exceeding 3 percent slope (USDA Leong 1998, pp. 169–179). L. f. ssp. 2006b). In the Agate Desert, L. f. ssp. For Lomatium cookii, which occurs in grandiflora and Lomatium cookii face grandiflora and Lomatium cookii occur both the Agate Desert and the Illinois immediate threats from urban and predominately in Agate-Winlo complex River Valley, the habitat soil types commercial development in the rapidly soils mapped at 0 to 3 percent slope. between the two plant population expanding Medford and White City Most Illinois River Valley Lomatium centers are vastly different in a variety metropolitan areas in the Rogue River cookii occurrences are found on a of chemical and physical characteristics. Valley. Protected habitat is therefore of variety of soils that range from 0 to 8 In particular, the soil types in the Agate crucial importance for the growth and percent slope (ONHIC 2008; USDA Desert typically occupied by both dispersal of these two species. 2008). However, a few of the Lomatium Limnanthes floccosa ssp. grandiflora Based on aerial imagery, habitat areas cookii sites in the Illinois River Valley and Lomatium cookii are Agate–Winlo that appear to provide sufficient buffer are on terrains with soils mapped up to or Provig–Agate soils. Soils in the protection and continuous non- 30 percent slope (ONHIC 2008). Illinois River Valley occupied by fragmented Limnanthes floccosa ssp. Lomatium cookii may be Abegg gravelly grandiflora habitat were typically Water and Nutritional or Physiological loam, Brockman clay loam, Copsey clay, greater than 8 ha (20 ac). Habitat areas Requirements Cornutt–Dubakel complex, Dumps, of this size provide protection from Vernal pools typically become Eightlar extremely stony clay, Evans adjacent development and weed sources inundated or saturated during winter loam, Foehlin gravelly loam, Josephine and contained intact hydrology (USDA rains and hold water for sufficient gravelly loam, Kerby loam, Newberg 2006a). This is the size of the smallest lengths of time for Limnanthes floccosa fine sandy loam, Pearsoll–Rock outcrop vernal pool–mounded prairie area that ssp. grandiflora and Lomatium cookii to complex, Pollard loam, Riverwash, is known to support L. f. ssp. grandiflora germinate, grow, and reproduce. Speaker–Josephine gravelly loam, (ONHIC 2008). Based on aerial imagery Periodically, this geographic area may Takilma cobbly loam, or Takilma and ONHIC information, habitat areas experience drought, and rainfall may be Variant extremely cobbly loam. The that appeared to provide a sufficient insufficient to fill pools. The majority of Lomatium cookii buffer protection and continuous non- composition of the plant community occurrences in the Illinois River Valley fragmented Lomatium cookii habitat can vary from year to year depending on are found on Brockman clay loam, covered at least 12 ha (30 ac). Habitat the timing and amount of annual Josephine gravelly loam and Pollard areas of this minimum size provide rainfall and the type of land loam (USDA 2008). In a soil analysis protection from adjacent development management on the site (Borgias 2004, conduced by Silvernail and Meinke and weed sources and contained intact p. 16). The vernal pools and wet (2008, p. 30), samples from ultramafic hydrology. The 12-ha (30-ac) habitat meadow soils where the two plants Lomatium cookii habitat in the Illinois area is equivalent to the smallest wet occur are dry during the summer but River Valley had higher concentrations meadow area in the Illinois River Valley

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that supports Lomatium cookii (USDA of sufficient size and quality are likely unit to constitute critical habitat for 2006a, ONHIC 2008). to have the following characteristics: Limnanthes floccosa ssp. grandiflora. • Elevations from 372 to 469 m (1,220 Based on our current knowledge of Invasive Nonnative Plants to 1,540 ft); the life history, biology, and ecology of Invasive nonnative species may • Associated dominant native plants Lomatium cookii and the characteristics outcompete Limnanthes floccosa ssp. including, not limited to: Alopecurus of the habitat necessary to sustain the grandiflora and Lomatium cookii for geniculatus, Deschampsia essential life history functions of the open, bare ground and reduce space danthonioides, Eryngium petiolatum, species, we have determined that the available for the listed plants’ growth Lasthenia californica, Myosurus PCEs for the species’ critical habitat are: (Borgias 2004, p. 45); therefore, the minimus, Navarretia leucocephala ssp. (1) (A) In the Agate Desert, vernal listed plants require microhabitats free leucocephala, Phlox gracilis, pools and ephemeral wetlands and the of exotic or native invasive competitors. Plagiobothrys bracteatus, Trifolium adjacent upland margins of these In the Agate Desert, invasive nonnative depauperatum, and Triteleia depressions that hold water for a plants that compete with the two listed hyacinthina. sufficient length of time to sustain species include: Centaurea solstitialis, • A minimum area of 8 ha (20 ac) to Lomatium cookii germination, growth, Cardaria draba, Hordeum marinum ssp. provide intact hydrology and protection and reproduction. These vernal pools or gussoneanum, and Taeniantherum from development and weed sources. ephemeral wetlands support native caput-medusae (medusahead). (2) The hydrologically and plant populations and are seasonally In the Illinois Valley, common ecologically functional system of inundated during wet years but do not introduced grasses in the grazed interconnected pools, ephemeral necessarily fill with water every year pastures in and around Lomatium cookii wetlands, or depressions within a due to natural variability in rainfall. habitat include: Festuca arundinacea matrix of surrounding uplands that Areas of sufficient size and quality are (tall fescue), Dactylis glomerata (orchard together form vernal pool complexes likely to have the following grass), and Poa pratensis (Kentucky characteristics: within the greater watershed. The • bluegrass). In addition, the recently associated features may include the pool Elevations from 372 to 411 m (1,220 to 1,350 ft); introduced nonnative invasive species basin or depressions; an intact hardpan • Alyssum murale and A. corsicum subsoil underlying the surface soils up Associated dominant native plants threaten Lomatium cookii in this area. to 0.75 m (2.5 ft) in depth; and including, not limited to: Alopecurus geniculatus, Deschampsia Primary Constituent Elements for surrounding uplands, including mound topography and other geographic and danthonioides, Eryngium petiolatum, Limnanthes floccosa ssp. grandiflora Lasthenia californica, Myosurus and Lomatium cookii edaphic features, that support these systems of hydrologically minimus, Navarretia leucocephala ssp. Under our regulations, we are interconnected pools and other leucocephala, Phlox gracilis, required to identify the known physical ephemeral wetlands (which may vary in Plagiobothrys bracteatus, Trifolium and biological features or PCEs essential extent depending on site-specific depauperatum, and Triteleia to the conservation of Limnanthes characteristics of pool size and depth, hyacinthina; and • A minimum area of 8 ha (20 ac) to floccosa ssp. grandiflora and Lomatium soil type, and hardpan depth). provide intact hydrology and protection cookii, which may require special (3) Silt, loam, and clay soils that are management considerations or from development and weed sources. of alluvial origin, with a 0 to 3 percent (1) (B) In the Illinois River Valley, wet protection. All areas proposed as critical slope, primarily classified as Agate– meadows in oak and pine forests that habitat for L. f. ssp. grandiflora and Winlo complex soils, but also including are seasonally inundated and support Lomatium cookii were occupied at the Coker clay, Carney clay, Provig–Agate native plant populations. Areas of time of listing, are within the species’ complex soils, and Winlo very gravelly sufficient size and quality are likely to historical geographic range, and provide loam soils. have the following characteristics: sufficient PCEs to support at least one (4) No or negligible presence of • Elevations from 383 to 488 m (1,256 life-history function. competitive nonnative invasive plant to 1,600 ft); Based on our current knowledge of species. Negligible is defined for the • Associated dominant native plants the life history, biology, and ecology of purpose of this rulemaking as a minimal including, not limited to Achnatherum the species and the characteristics of the level of nonnative plant species that lemmonii, Camassia spp., Danthonia habitat necessary to sustain the essential will still allow Limnanthes floccosa ssp. californica, Deschampsia cespitosa, life history functions of the species, we grandiflora to continue to survive and Festuca roemeri, Poa secunda, have determined that the PCEs for recover. Ranunculus occidentalis, and Limnanthes floccosa ssp. grandiflora The need for space for individual and Limnanthes gracilis var. gracilis; critical habitat are: population growth, germination, seed • Occur primarily in bottomland (1) Vernal pools or ephemeral dispersal, and reproduction is provided Quercus garryana–Quercus kelloggii– wetlands and the adjacent upland by PCEs 1 and 4; the need for soil Pinus ponderosa (Oregon white oak– margins of these depressions that hold moisture for growth, germination, California black oak–ponderosa pine) water for a sufficient length of time to reproduction, and seed dispersal is forest openings along seasonal creeks; sustain Limnanthes floccosa ssp. provided by PCE 2 (but not necessarily and grandiflora germination, growth, and every year); the need for other • A minimum area of 12 ha (30 ac) to reproduction, occurring in the Agate nutritional or physiological provide intact hydrology and protection Desert vernal pool landscape (ONHP requirements for the species is met by from development and weed sources. 1997, p. 3). These vernal pools or PCE 3; habitat free from disturbance that (2) (A) In the Agate Desert, the ephemeral wetlands are seasonally allows for sufficient reproduction and hydrologically and ecologically inundated during wet years but do not survival opportunities is provided by functional system of interconnected necessarily fill with water every year PCEs 1 and 4. All of the above described pools or ephemeral wetlands or due to natural variability in rainfall, and PCEs do not have to occur depressions within a matrix of support native plant populations. Areas simultaneously within a unit for the surrounding uplands that together form

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vernal pool complexes within the support the life history functions of Attempts were made to relocate the greater watershed. The associated Limnanthes floccosa ssp. grandiflora occurrences, but these attempts were features may include the pool basin and and Lomatium cookii and are essential unsuccessful. However, in 2005, the two ephemeral wetlands; an intact hardpan to the conservation of these species. areas were again found and each was subsoil underlying the surface soils up Each of the areas proposed in this rule occupied by a large number of to 0.75 m (2.5 ft) in depth; and has been determined to contain Lomatium cookii plants. In addition, surrounding uplands, including mound sufficient PCEs to provide for one or one other site occupied by Lomatium topography and other geographic and more of the life history functions of L. cookii was first identified in 2005, 3 edaphic features that support systems of f. ssp. grandiflora and Lomatium cookii. years after the listing. Although we were hydrologically interconnected pools and All of the above described PCEs do not not aware of this occupied area at the other ephemeral wetlands (which may have to occur simultaneously within a time of listing, it contained a large vary in extent depending on site- unit for the unit to constitute critical number of individual Lomatium cookii specific characteristics of pool size and habitat. plants, relative to other occupied depth, soil type, and hardpan depth). locations. (2) (B) In the Illinois Valley, the Criteria Used To Identify Critical We conclude that for all such areas hydrologically and ecologically Habitat Boundaries observed within 3 years of listing, it is functional system of streams, slopes and As required by section 4(b)(1)(A) of highly unlikely that such large wooded systems that surround and the Act, we used the best scientific data populations would have only just maintain seasonally wet alluvial available in determining areas that become established subsequent to the meadows underlain by relatively contain the features that are essential to listing of the species. Based on long- undisturbed ultramafic soils within the the conservation of Limnanthes floccosa term monitoring data, populations of greater watershed. ssp. grandiflora and Lomatium cookii. such large size are generally reflective of (3) (A) In the Agate Desert, silt, loam, The steps we used in identifying critical robust populations that have persisted and clay soils that are of ultramafic and habitat are as follows: over the long term. Therefore, if a site nonultramafic alluvial origin, with a 0 (1) Our initial step was to determine, was recorded within 3 years after the to 3 percent slope, classified as Agate– in accordance with section 3(5)(A)(i) of listing of the species (between 2002 and Winlo or Provig–Agate soils. the Act and regulations in 50 CFR 2005), and the population at that site (3) (B) In the Illinois Valley, silt, loam, 424.12, the physical and biological was so large that it must have been well- and clay soils that are of ultramafic and habitat features (the, PCEs) essential to established and occupied for many nonultramafic alluvial origin, with a 0 the conservation of the species as years, we considered that area to have to 30 percent slope, classified as Abegg explained in the previous section. been occupied at the time of listing, gravelly loam, Brockman clay loam, (2) We identified areas occupied by because the evidence supports the site Copsey clay, Cornutt–Dubakel complex, Limnanthes floccosa ssp. grandiflora having been occupied but simply not Dumps, Eightlar extremely stony clay, and Lomatium cookii at the time of yet recorded at the time of listing, or we Evans loam, Foehlin gravelly loam, listing. Occupancy status was had not been successful in relocating Josephine gravelly loam, Kerby loam, determined using occurrence data from those sites that had been documented Newberg fine sandy loam, Pearsoll– the ONHIC database (ONHIC 2008), earlier. Rock outcrop complex, Pollard loam, Medford BLM records (BLM 2005), a Although various new occurrences Riverwash, Speaker–Josephine gravelly recent L. f. ssp. grandiflora status report have been identified since the time of loam, Takilma cobbly loam, or Takilma (Meyers 2008, pp. 1–65), Service staff listing in 2002, only three occurrences Variant extremely cobbly loam. reports, data in reports submitted during of Lomatium cookii correspond to new (4) No or negligible presence of section 7 consultations and by biologists areas identified between the time of competitive nonnative invasive plant holding section 10(a)(1)(A) recovery listing in 2002 and the year 2005 that species. Negligible is defined for the permits, research published in peer- we consider to have been occupied at purpose of this rulemaking as a minimal reviewed articles, research presented in the time of listing. Currently, we know level of nonnative plant species that academic theses and agency reports, of 22 documented occurrences of will still allow Lomatium cookii to regional GIS coverages, and the OSU Limnanthes floccosa ssp. grandiflora continue to survive and recover. herbarium record database (OSU 2007). and 37 documented occurrences of The need for space for individual and We determined occupancy at the time of Lomatium cookii that correspond to a population growth, germination, seed listing by comparing survey and total of 25 areas we consider to have dispersal, and reproduction is provided collection information and descriptions been occupied at the time of listing. by PCEs 1 and 4; the need for soil of occupied areas in the final listing rule Note that multiple occurrences may moisture for growth, germination, published in the Federal Register on comprise a single occupied area; hence, reproduction, and seed dispersal is November 7, 2002 (67 FR 68004). At the there will be a greater number of provided by PCE 2 (but not necessarily time of the 2002 listing, 15 occurrences occurrences than of occupied areas. every year); the need for other (sites) were known for L. f. ssp. (3) We then considered areas nutritional or physiological grandiflora and 36 occurrences (sites) identified as priority 1 and 2 recovery requirements for the species is met by were known for Lomatium cookii (67 FR core areas in the draft recovery plan for PCE 3; habitat free from disturbance that 68004). the two species (USFWS 2006) to allows for sufficient reproduction and Since the final listing rule was determine which areas contain the PCEs survival opportunities is provided by published, we have become aware of in the amount and spatial configuration PCEs 1 and 4. All of the above described additional areas that we have essential to the conservation of the PCEs do not have to occur determined were occupied at the time of species. Most areas identified as priority simultaneously within a unit for the listing. Two such areas were known at 1 and 2 recovery areas in the draft unit to constitute critical habitat for the time of listing, but at that time the recovery plan were incorporated into Lomatium cookii. species were thought to have been the proposed designation. The one This proposed designation includes extirpated from those sites. First exception is a site at the Medford the PCEs in the appropriate quantity identified in 1937, the two areas had no Airport that was identified as a recovery and spatial arrangement necessary to exact location information (OSU 2007). area for Limnanthes floccosa ssp.

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grandiflora in the draft recovery plan, aerial photos to determine the proposed or eradicate the threats posed by but that site did not meet the size and critical habitat unit boundaries of each development, ORV, mining activities, quality criteria for critical habitat, as site. The scale of the maps prepared garbage dumping, and woody vegetative described below, and thus was not under the parameters for publication succession. Please refer to the unit included in the proposed designation. within the Code of Federal Regulations descriptions in the Proposed Critical (4) We removed any nonfunctional may not reflect the exclusion of such Habitat Designation section for further vernal pool–mounded prairie or developed areas. Any such structures discussion of special management meadow habitat that was developed or and the land under them inadvertently considerations or protection of the PCEs degraded (not likely to contain PCEs) to left inside critical habitat boundaries related to geographically specific threats ensure proposed critical habitat shown on the maps of this proposed to L. f. ssp. grandiflora and Lomatium contains features essential to the rule have been excluded by text in the cookii. conservation of each of the species proposed rule and are not proposed for In addition, for all units, special (USDA 2006; ESA 2007, pp. 3-2 to 3-11). designation as critical habitat. management is needed to control and We also did not consider any areas of Therefore, Federal actions limited to monitor the encroachment of nonnative, vernal pool–mounded prairie or these areas would not trigger section 7 invasive plant species to maintain intact meadows containing 10 or fewer consultation, unless they affect the vernal pool–mounded prairies and wet reported individuals, as populations of species, or primary constituent meadow ecosystems such that they can this size could by chance, become elements, or both, in adjacent critical continue to support populations of extirpated due to: habitat. Limnanthes floccosa ssp. grandiflora (i) random natural events, and Lomatium cookii. (ii) year-to-year variability in climate Special Management Considerations or Special management considerations patterns, and Protections or protection of the vernal pool– (iii) accidental human-influenced The term critical habitat is defined in mounded prairies and wet meadow causes. section 3(5)(A) of the Act, in part, as habitats that may be needed to support Furthermore, populations with 10 geographic areas on which are found reproduction and growth of Limnanthes individuals or fewer could harbor those physical or biological features floccosa ssp. grandiflora and Lomatium detrimental genes caused by inbreeding essential to the conservation of the cookii include: controlled burning and depression. We considered populations species and ‘‘which may require special vegetation clearing to maintain early of such small size as not likely to occur management considerations or seral stages; nonnative invasive plant in habitats that provide the physical or protection.’’ Accordingly, in identifying species control; grazing management; biological features necessary to support critical habitat in occupied areas, we the re-establishment of hydrology; re- populations capable of persisting for the assess whether the PCEs within the seeding with native plants; monitoring; long term, thus such areas would not be areas determined to be occupied at the and protection from development essential to the conservation of the two time of listing may require any special (Borgias 2004, pp. 47–53; ONHDB 1994, species. management considerations or pp. 13–20). (5) As a final step, we considered protection. All areas being proposed as Proposed Critical Habitat Designation whether each of the areas identified may critical habitat require some level of need special management management to address current and The areas we are proposing as critical considerations or protections. Our future threats to Limnanthes floccosa habitat currently provide the habitat consideration of this factor is presented ssp. grandiflora and Lomatium cookii, to components necessary to meet the below. maintain or enhance the physical and primary biological needs of Limnanthes Based on this analysis, we are biological features essential to their floccosa ssp. grandiflora and Lomatium proposing to designate 25 units as conservation, and to ensure the recovery cookii, as defined by the PCEs. The critical habitat for the two species: 8 for and survival of these species. areas proposed for designation are those Limnanthes floccosa ssp. grandiflora The major threats to the PCEs in the areas that we have determined are most and 17 for Lomatium cookii. Two of the areas identified as proposed critical likely to substantially contribute to 25 units are shared by both species. habitat for Limnanthes floccosa ssp. conservation of L. f. ssp. grandiflora and After applying the above criteria, we grandiflora and Lomatium cookii Lomatium cookii and to contribute to mapped the critical habitat unit include: development on private lands; the long-term survival and recovery of boundaries at each of these 25 areas. We incompatible agricultural and grazing the species. created maps using aerial imagery, 7.5 practices; ground disturbance that We have determined that 25 units minute topographic maps, and GIS affects surface hydrology, including totaling approximately 4,467 ha (11,038 contour data. We used publicly ORV use and road construction or ac) meet our definition of critical habitat available satellite imagery, for example, maintenance activities; mining for Limnanthes floccosa ssp. grandiflora from the National Agriculture Imagery activities; garbage dumping; the and Lomatium cookii, including land Program (USDA 2006) to assist in succession of meadow habitat to under Federal, State, county, municipal, identifying areas that would provide the forested habitat due to fire suppression; and private ownership. We are essential physical and biological and encroachment and displacement by proposing 8 units of critical habitat for features for the species, using digital nonnative plants. Herbivory by voles L. f. ssp. grandiflora and 17 units for habitat signatures. and gophers may also affect these Lomatium cookii; two of these units, In addition, based on aerial imagery, species. In all of the proposed units in White City and Whetstone Creek in we made every effort to avoid including Jackson County, special management is Jackson County, contain habitat for both such developed areas as buildings, needed to reduce or eradicate the threats species (see Tables 1, 2, 3, and unit paved areas, and other structures that posed by development, habitat descriptions below). The critical habitat lack the PCEs for Limnanthes floccosa fragmentation, ground disturbance that areas described below constitute our ssp. grandiflora and Lomatium cookii affects surface hydrology, and best current assessment of areas that within the mapped boundaries of the incompatible grazing practices. In all of meet the definition of critical habitat for proposed critical habitat. We combined the proposed units in Josephine County, L. f. ssp. grandiflora and Lomatium the polygon data with information from special management is needed to reduce cookii. We have determined that all

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areas proposed as critical habitat for L. vernal pools, vernal pool complexes, ONHIC database records make no f. ssp. grandiflora and Lomatium cookii open meadows, and meadow complexes mention of any ongoing threats to the were occupied at the time of listing and supporting the hydrological Limnanthes floccosa ssp. grandiflora most are, we believe, currently occupied characteristics necessary to provide the population within the unit; however, as well (recent survey information was PCEs essential to the conservation of the the occurrence information mentions not available for all sites). two species. We identified vernal pool– that the adjacent habitat to the south The areas proposed as critical habitat mounded prairie and wet meadow had been leveled, indicating that for Limnanthes floccosa ssp. grandiflora complexes throughout the range of these agricultural development is occurring in are: (1) Unit RV1—Shady Cove; (2) Unit species, which support high numbers of the area (ONHIC 2008). The unit occurs RV2—Hammel Road; (3) Unit RV3A, B, L. f. ssp. grandiflora and Lomatium in an area of predominant agricultural C, and D—North Eagle Point; (4) Unit cookii occurrences from the ONHIC and grazing use (Borgias 2004, p. 8). RV4—Rogue Plains; (5) Unit RV5— database (2008) and reports (Meyers Practices that could occur on the Table Rock Terrace; (6) Unit RV6A, B, 2008, pp. 1–65; Kaye and Thorpe 2008, property that might negatively affect L. C, D, E, F, G, and H—White City; (7) pp.16–25; ONHIC 2008; Service f. ssp. grandiflora habitat, if not Unit RV7— Agate Lake; and (8) Unit database 2008). However, as is the case properly managed, include water RV8—Whetstone Creek. Units coded with all critical habitat designations, impoundment, tilling, and grazing. We with ‘‘RV’’ are in the Rogue Valley areas outside of this designation may are not aware of any conservation (Agate Desert), Jackson County. still prove to be necessary to the agreements or management plans to The areas proposed as critical habitat recovery of this species. A description conserve L. f. ssp. grandiflora habitat for Lomatium cookii are: (1) Unit RV6A, of each area is outlined below. within this unit. Special management F, G, and H—White City; (2) Unit RV8— considerations or protection may be Whetstone Creek; (3) Unit RV9A and Area 1: Jackson County, Oregon required to restore, protect, and B—Medford Airport; (4) Unit IV1— In Jackson County, we are proposing maintain the PCEs supported by Unit Anderson Creek; (5) Unit IV2—Draper eight critical habitat units for RV1 due to threats from agricultural Creek; (6) Unit IV3—Reeves Creek Limnanthes floccosa ssp. grandiflora development, potential incompatible North; (7) Unit IV4—Reeves Creek East; and three critical habitat units for grazing practices, and the encroachment (8); Unit IV5—Reeves Creek South; (9); Lomatium cookii. The Jackson County of invasive, nonnative, annual plant Unit IV6A and B—Laurel Road; (10) units occur approximately 58 km (30 species. Unit IV7—Illinois River Forks State mi) east of the nearest unit proposed for Park; (11) Unit IV8—Woodcock Unit RV2: Hammel Road Lomatium cookii species in Josephine Mountain; (12) Unit IV9—Riverwash; We are proposing to designate Unit County. All proposed critical habitat (13) Unit IV10—French Flat North; (14) RV2 as critical habitat for Limnanthes Unit IV11—Rough and Ready Creek; units in Jackson County are located floccosa ssp. grandiflora. Unit RV2 (15) Unit IV12—French Flat Middle; within the Middle Rogue River Basin or consists of approximately 84 ha (207 ac) (16) Unit IV13—Indian Hill; and (17) ‘‘Agate Desert.’’ Two units, White City of intact vernal pool–mounded prairie. Unit IV14—Waldo. Units coded with and Whetstone Creek, are occupied by The unit is currently occupied by L. f. ‘‘IV’’ are in the Illinois River Valley, both species. ssp. grandiflora and was occupied at the Josephine County. Unit RV1: Shady Cove time of listing (ONHIC 2008). This The approximate area and land critical habitat unit contains all of the ownership of each proposed critical We are proposing to designate Unit PCEs for L. f. ssp. grandiflora and was habitat unit is shown in Tables 1, 2, and RV1 as critical habitat for Limnanthes identified as the Staley Road recovery 3. Portions of units or entire units floccosa ssp. grandiflora. Unit RV1 core area in the draft recovery plan roughly correspond to the recovery core consists of approximately 8 ha (20 ac) of (USFWS 2006, pp. IV-12–IV-13). This areas for each species as identified in intact vernal pool–mounded prairie and unit is also designated as vernal pool the 2006 draft recovery plan (USFWS was occupied by the species at the time fairy shrimp critical habitat and 2006). The recovery core areas were of listing (ONHIC 2008). We have no corresponds to vernal pool fairy shrimp selected based on occurrence records current information regarding the status critical habitat subunit 1A (North Agate and habitat identified through ground of this population but consider the plant Desert Unit) (71 FR 7117). It is located surveys, aerial imagery, topography to be extant within the unit, as we have on privately owned land, 1.2 km (0.75 features, and soil layers. As described no information indicating any activities mi) northeast of the confluence of Reese above, we assessed all areas proposed as have occurred that likely would have Creek and the Rogue River, 1.3 km (0.8 critical habitat to ensure that they resulted in extirpation. Unit RV1 mi) west of Highway 62, and 430 m provide the requisite PCEs for the contains all of the PCEs for L. f. ssp. (1,400 ft) east of the Rogue River. species as defined in this proposed rule. grandiflora and was identified in the A recent observation indicates that We conducted a regional review draft recovery plan as the Shady Cove approximately 1,500 L. f. ssp. across the range of Limnanthes floccosa recovery core area (USFWS 2006, pp. grandiflora are present on the unit ssp. grandiflora and Lomatium cookii to IV-12–IV-13). This unit was not (Meyers 2008, p. 6). Aerial imagery and evaluate and select vernal pool– designated as vernal pool fairy shrimp field observations indicate that the unit mounded prairie and seasonally wet critical habitat. It parallels a 430 m (ft) is comprised of intact vernal pool– meadow habitats that provide the stretch of Highway 62 and is located 460 mounded prairie habitat (USDA 2006a; physical and biological features m (1,500 ft) west of Highway 62. The Meyers 2008, p. 6). essential to the conservation of the unit is 0.8 km (0.5 mi) south of Shady ONHIC database (2008) records species and that may require special Cove, 1.3 km (0.8 mi) northeast of indicate that light grazing occurs within management considerations or Takelma Park, and is 122 m (400 ft) east this unit, and the grazing practices protection. Important factors we of the Rogue River. The unit is occurs appear to have been compatible with the considered were the known presence of on privately owned land. Aerial imagery survival of Limnanthes floccosa ssp. L. f. ssp. grandiflora and Lomatium indicates that the unit is composed of grandiflora over the past 13 years. We cookii (populations greater than 10 intact vernal pool–mounded prairie are not aware of any conservation individuals) and the presence of intact habitat (USDA 2006). agreements or plans to protect L. f. ssp.

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grandiflora habitat within this unit. populations within this unit, one vernal pool–mounded prairie habitat Practices that could occur on the growing in an area of intact vernal pool– that is currently occupied by the species property that might negatively affect L. mounded prairie habitat and one in an and was occupied at the time of listing f. ssp. grandiflora habitat if not properly atypical swale habitat alongside a fence. (ONHIC 2008; Meyers 2008, p. 10). This managed include water impoundment, An additional 500 L. f. ssp. grandiflora critical habitat unit contains all of the tilling, and grazing. Special plants growing in intact vernal pool– PCEs for L. f. ssp. grandiflora and was management considerations or mounded prairie habitat on a separate identified as the Rogue Plains recovery protection may be required to restore, property within the unit was reported core area in the draft recovery plan protect, and maintain the PCEs by Wildlands, Inc. (Wildlands, Inc. (USFWS 2006, pp. IV-12–IV-13). Unit supported by Unit RV2 due to threats 2008, p. 3). Aerial imagery indicates that RV4 has been designated as critical from agricultural development, the unit contains a significant amount of habitat for vernal pool fairy shrimp and potential incompatible grazing intact vernal pool–mounded prairie corresponds to vernal pool fairy shrimp practices, and the encroachment of habitat (USDA 2006a). critical habitat subunits 1C, E, and F invasive, nonnative, annual plant Some habitat in this unit has been (North Agate Desert Unit) (71 FR 7117). species. degraded by cattle grazing practices and The unit occurs on privately owned agricultural development (Wildlands, land located 122 m (400 ft) southeast of Unit RV3A, B, C, and D: North Eagle Inc. 2008, p. 1). The entire unit occurs the junction of Highway 234 and Modoc Point in an area of predominant agricultural Road. It extends 2 km (1.2 mi) south We are proposing to designate Unit and grazing use (Borgias 2004, p. 8). along Modoc Road from the RV3 as critical habitat for Limnanthes Livestock have caused significant intersection, is located 1.4 km (0.87 mi) floccosa ssp. grandiflora. The unit damage to large vernal pools within the southwest of Dodge Bridge, and 1.0 km consists of four subunits totaling 539 ha unit by soil compaction and mound and (0.6 mi) northwest of Rattlesnake Rapids (1,331 ac) of intact vernal pool habitat pool topography alteration (Oregon on the Rogue River. that is currently occupied by the species Natural Heritage Program (ONHP) 1997, A recent Limnanthes floccosa ssp. and was occupied at the time of listing p. 16). In addition, vernal pool grandiflora survey report within Unit (ONHIC 2008). This critical habitat unit hydrology has been compromised in RV4 describes a robust 5,000-plant contains all of the PCEs for L. f. ssp. some portions of the unit by water population occurring at the privately grandiflora and was identified as the impoundment, causing water to owned ‘‘Rogue River Plains Preserve.’’ North Eagle Point recovery core area in permanently fill some vernal pools in The report also describes a L. f. ssp. the draft recovery plan (USFWS 2006, several areas (Southern Oregon Land grandiflora occurrence from which the pp. IV-12–IV-13). Unit RV3 is also Conservancy 2008, p. 3). In addition, species appears to have been extirpated designated as vernal pool fairy shrimp nonnative invasive annual grasses have (Meyers 2008, pp. 10, 55). For the most critical habitat and corresponds to colonized large portions of the unit and part, aerial imagery and field vernal pool fairy shrimp critical habitat threaten to encroach on Limnanthes observations indicate that the unit is subunits 1B, D, and G (North Agate floccosa ssp. grandiflora populations composed of intact vernal pool– Desert Unit) (71 FR 7117). The unit is (Southern Oregon Land Conservancy mounded prairie habitat (USDA 2006a; located on privately owned land 2008, p. 4). Meyers 2008, p. 6). southwest of Mosser Mountain and There are established protective Some habitat within this unit appears northeast of Long Mountain. The four measures to conserve Limnanthes to have been degraded (Meyers 2008, p. subunits loosely follow a 6.9 km (4.3 floccosa ssp. grandiflora and the habitat 55), however, the winter and spring mi) stretch of Hog Creek beginning at its of the threatened vernal pool fairy grazing presently occurring at the Rogue origin. Originating 3.8 km (2.4 mi) east shrimp on two private properties within River Plains Preserve property appears of Highway 62 in subunit RV3D, Hog this unit. Long-term management plans to be compatible with the survival of Creek runs through RV3C, crosses are in development for both of the Limnanthes floccosa ssp. grandiflora Highway 62, flows between RV3B properties to protect and restore vernal (Borgias 2004, p. 42). A photograph (located 100 m (328 ft) west of Highway pool–mounded prairie function; these attached to a recent survey report 62) and RV3A (located 600 m (1,970 ft) plans will cover approximately 20 depicts weakly developed vernal-pool west of Highway 62), before emptying percent of the land in the unit. mounded prairie topography at the into the Rogue River after 2.4 km (1.5 Monitoring and improved grazing property. At the site of the extirpated L. mi). Subunit RV3A is located 560 m management are currently taking place f. ssp. grandiflora location within the (1,837 ft) southeast of the confluence of on the two properties to further unit, incompatible grazing practices Reese Creek and the Rogue River. conserve L. f. ssp. grandiflora habitat may have contributed to the local Subunit RV3B is located 100 m (328 ft) (M. Young, pers. comm. 2009; Southern extirpation of the species. west of Highway 62 at the intersection Oregon Land Conservancy 2008, p. 6). Threats facing vernal-pool mounded of Ball Road and extends along an 835 Other special management prairie habitat in this unit are m (2,740 ft) stretch of Hog Creek. considerations or protection on other agricultural development, incompatible Subunit RV3C is located 2 km (1.2 mi) properties within the unit may be grazing practices, and the encroachment north of Eagle Point (see Index map) and required to restore, protect, and of invasive, nonnative, annual grasses. extends 2.6 km (1.6 mi) south of the maintain the PCEs supported by Unit A conservation easement, held by TNC junction of Ball Road and Reese Creek RV3 due to threats from agricultural and placed on the privately owned Road. Subunit RV3D is located 3.2 km development, potential incompatible Rogue River Plains Preserve property, (2 mi) east of Long Mountain and is 2.4 grazing practices, and the encroachment permits the landowners to continue km (1.5 mi) southeast of the junction of of invasive, nonnative, annual grasses. restricted grazing on their property, Highway 62 and Ball Road. It extends while development and agricultural along a 1.8 km (1.1 mi) stretch of Hog Unit RV4: Rogue Plains development rights are withdrawn. Creek. We are proposing to designate Unit Other special management ONHIC Element Occurrence data RV4 as critical habitat for Limnanthes considerations or protection on other accounts for two 1,000-plant floccosa ssp. grandiflora. This unit properties within the unit may be Limnanthes floccosa ssp. grandiflora consists of 245 ha (605 ac) of intact needed to restore, protect, and maintain

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the PCEs supported by Unit RV4 due to the draft recovery plan (USFWS 2006, conducted prescribed burns, seeded threats from agricultural development, pp. IV-12–IV-13). Unit RV6 is also with native plants, and erected signs potential incompatible grazing designated as vernal pool fairy shrimp and fences to control encroachment of practices, and the encroachment of critical habitat and corresponds to nonnative invasive plants, discourage invasive, nonnative, annual grasses. vernal pool fairy shrimp critical habitat recreational ORV use, and restore native subunits 2A, B, C, D, and E and 3A and plant communities (Borgias 2004, p. 22; Unit RV5: Table Rock Terrace B (White City East and West Units) (71 USFWS 2006, pp. I-18–I-21). ODFW has We are proposing to designate Unit FR 7117; February 10, 2006). The unit plans to restore vernal pool–mounded RV5 as critical habitat for Limnanthes occurs on State, county, municipal and prairie habitat across the Denman floccosa ssp. grandiflora. The unit privately owned lands. It is located Management Area by removing includes 49 ha (122 ac) of intact vernal around White City, is 1.6 km (1.0 mi) nonnative bunch grasses and restoring pool–mounded prairie habitat that has southwest of Eagle Point, and is 440 m hydrologic flow by eliminating old road been occupied by the species since the (1,444 ft) southeast of the confluence of beds (Borgias et al. 2009, pp. 16-22). time of listing (ONHIC 2008, USDA the Rogue River and Little Butte Creek. Other special management 2006a). Although a survey conducted on Subunit RV6A is located north of considerations or protection within the a portion of the unit in 2008 did not Whetstone Creek and is 500 m (1,200 ft) unit may be needed to restore, protect, confirm presence of L. f. ssp. grandiflora west of the junction of Highway 62 and and maintain the PCEs supported by plants (Meyers 2008, p. 59), a more Antelope Road. Subunits RV6B, RV6C, Unit RV6 due to the described threats recent partial survey verified the RV6D and RV6E are located north of within the units. continued occupation of the unit by L. Avenue G in White City, south of Little Unit RV7: Agate Lake f. ssp. grandiflora (S. Friedman 2009, Butte Creek, and 670 m (2,200 ft) pers. obs.). This critical habitat unit southwest of Antelope Creek. Subunits We are proposing to designate Unit contains all of the PCEs for L. f. ssp. RV6F and RV6G are located RV7 as critical habitat for Limnanthes grandiflora and was identified as the approximately 500 feet west of Dry floccosa ssp. grandiflora. This unit Table Rock Terrace recovery core area in Creek and are east of Highway 62 in consists of 426 ha (1,053 ac) of intact the draft recovery plan (USFWS 2006, White City. Subunit RV6H is located vernal pool–mounded prairie and swale pp. IV-12–IV-13). This unit is not north of Whetstone Creek and south of habitat; the unit is currently occupied designated as vernal pool fairy shrimp Antelope Road. Subunit RV6H roughly by the species and was occupied at the critical habitat. Unit RV5 is located on encircles the Hoover Ponds, east of time of listing (Meyers 2008, p. 45). This privately owned land 670 m (2,200 ft) Highway 62, and is 850 m (2790 ft) east critical habitat unit contains all of the north of the junction of Modoc and of subunit RV6A. The land in this unit PCEs for L. f. ssp. grandiflora and was Antioc Roads, is 1.4 km (0.9 mi) east of is 29 percent State-owned, 6 percent identified as the Agate Lake recovery Upper Table Rock, and 650 m (2,300 ft) county-owned, 10 percent municipally core area in the draft recovery plan west of the Rogue River. This unit owned, and 55 percent privately owned. (USFWS 2006, pp. IV-12–IV-13). Unit follows along an 800 m (2,600 ft) stretch This unit includes highly intact RV7 has been designated as critical of Modoc Road to the east of the unit vernal pool–mounded prairie habitat. habitat for vernal pool fairy shrimp and and a 700 m (2,300 ft) stretch of Antioc The Nature Conservancy manages a 22- corresponds to vernal pool fairy shrimp Road west of the unit. ha (54-ac) parcel within this unit to critical habitat subunit 2B (White City Threats facing vernal-pool mounded conserve vernal pool–mounded prairie East Unit) (71 FR 7117; February 10, prairie habitat in this unit may include habitat and has recently developed a 2006). The unit occurs on federally and agricultural development, incompatible management plan to restore and privately owned land located 500 m grazing practices, and the encroachment enhance vernal pool function across 86 (1,640 ft) east of the Agate Reservoir, of invasive, nonnative, annual grasses. ha (213 ac) of habitat owned by the along a 5.4-km (3.4-mi) stretch roughly Other special management Oregon Department of Fish and parallel and between Dry Creek and considerations or protection within the Wildlife’s (ODFW) Denman Wildlife Antelope Creek, is 330 m (1,080 ft) unit may be needed to restore, protect, Area. A mitigation site owned by north of Tater Hill, and is 1.4 km (0.9 and maintain the PCEs supported by Jackson County School District Number mi) southeast of the confluence of Dry Unit RV5 due to these threats. 9 protects 9.5 ha (24 ac) of intact vernal Creek and Antelope Creek. The land in this unit is approximately 9 percent Unit RV6, Subunits A, B, C, D, E, F, G, pool–mounded prairie habitat with one federally owned and 89 percent and H: White City of the largest known populations of Limnanthes floccosa ssp. grandiflora. privately owned. This unit consists of eight subunits The City of Medford also leases 88 ha The U.S. Bureau of Reclamation that generally encompass the perimeter (217 ac) of vernal pool–mounded prairie (BOR) has completed a management of White City. We are proposing to for cattle grazing on some less intact plan for 38 ha (94 ac) of slightly designate all subunits in this unit as vernal-pool mounded prairie habitat. In degraded vernal pool–mounded prairie critical habitat for Limnanthes floccosa addition, the Oregon Department of habitat within this unit. BOR has ssp. grandiflora. In addition, we are Transportation (ODOT) manages two established protective measures to proposing to designate subunits RV6 A, locations as roadside special conserve vernal pool–mounded prairie F, G, and H as critical habitat for management areas for the protection of habitat. A long-term management plan Lomatium cookii. This 848-ha (2,095-ac) L. f. ssp. grandiflora and Lomatium has been finalized to protect and restore unit includes intact vernal pool– cookii. vernal pool–mounded prairie function mounded prairie and swale habitats that Threats facing vernal pool–mounded (BOR 2006, p. 1-1). Previous to 2008, were occupied by the two species at the prairie habitat in this unit include urban Limnanthes floccosa ssp. grandiflora time of listing; both species presently and commercial development, had not been reported in the unit since occur within some or all of the subunits. agricultural development, incompatible 1965. In 2008, a 300-plant population of This critical habitat unit contains all of grazing practices, and the encroachment L. f. ssp. grandiflora was observed in the PCEs for L. f. ssp. grandiflora and of invasive, nonnative annual grasses. recently restored vernal pool–mounded Lomatium cookii and was identified as The Nature Conservancy and Jackson prairie habitat on Federal land within the Agate Desert recovery core area in County School District Number 9 have the unit (p. Meyers 2008, p. 45).

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The PCEs in this unit are threatened ha (96 ac) of vernal pool–mounded regular mowing is compatible with by invasion of nonnative herbaceous prairie habitat within the unit for Lomatium cookii growth, reproduction, annuals, trash dumping, activities grazing. and germination and has enabled a associated with fire management (fire- The PCEs in this unit are threatened robust population to become line construction), vandalism, by invasion of nonnative herbaceous established. Other properties not unauthorized ORV use, and annuals, incompatible agricultural included in the airport security zone are incompatible grazing practices (BOR development, aggregate mining, properties within the City of Medford 2006, p. 1-8; Borgias 2004, p. 12). unauthorized ORV use, and urban growth boundary likely to become Therefore, special management incompatible grazing practices (BOR commercially developed. considerations or protection may be 2006, pp. 1-8; Borgias 2004, p. 12). Threats facing the vernal pool– required to restore, protect, and Therefore, special management mounded prairie habitat in this unit are maintain the PCEs supported by Unit considerations or protection on other potential airport and commercial RV7 due to these threats. properties within the unit may be development. The development of a required to restore, protect, and new runway that could be placed across Unit RV8: Whetstone Creek maintain the PCEs supported by Unit the densest population of Lomatium We are proposing to designate Unit RV8 due to the threats mentioned above. cookii has been suggested in the long- RV8 as critical habitat for Limnanthes term plan for the airport (Rogue Valley Unit RV9A and B: Medford Airport floccosa ssp. grandiflora and Lomatium International–Medford Airport 2001, pp. cookii. Unit RV8 consists of 362 ha (896 We are proposing to designate Unit 5-2–5-4; 6-4–6-6). Special management ac) of intact vernal pool–mounded RV9 as critical habitat for Lomatium considerations or protection within the prairie and swale habitat that was cookii. This unit consists of the subunits unit may be needed to conserve and occupied by both species at the time of RV9A and RV9B. Lomatium cookii has maintain the PCEs supported by Unit listing; both species continue to occur been known from this unit since before RV9 due to this threat. within the unit (ONHIC 2008; Meyers the time it was listed (ONHIC 2008). 2008, p. 20). This critical habitat unit Unit RV9 includes 76 ha (190 ac) of Area 2: Josephine County, Oregon contains all of the PCEs for L. f. ssp. slightly degraded vernal pool–mounded In Josephine County, we are grandiflora and Lomatium cookii and prairie habitat. No areas within this unit proposing 14 critical habitat units for was identified as the Whetstone Creek were designated as vernal pool fairy Lomatium cookii. The Josephine County recovery core area in the draft recovery shrimp critical habitat. A report on units occur approximately 58 km (30 plan (USFWS 2006, pp. IV-12–IV-13). Limnanthes floccosa ssp. grandiflora mi) west of the nearest unit proposed for Unit RV8 has been designated as critical within the unit indicates that the this species in Jackson County. None of habitat for vernal pool fairy shrimp and population has fewer than 10 the Josephine County units were corresponds to vernal pool fairy shrimp individuals (Meyers 2008, p 48); designated as critical habitat for the critical habitat subunit 3C (White City therefore, we are not proposing to vernal pool fairy shrimp in Oregon. West Unit) (71 FR 7117; February 10, designate this unit as critical habitat for 2006). The unit occurs on State, this species, as explained above in our Unit IV1: Anderson Creek municipal, and privately owned land criteria to identify critical habitat We are proposing to designate Unit located just west of White City. The unit boundaries. This critical habitat unit IV1 as critical habitat for Lomatium is located approximately 1.4 km (0.9 mi) contains all of the PCEs for Lomatium cookii. Unit IV1 consists of 53 ha (132 southeast of the confluence of the Rogue cookii and was identified as the Rogue ac) of intact wet meadow habitat that is River and Whetstone Creek, 2.2 km (1.4 Airfield recovery core area in the draft currently occupied and was occupied by mi) southwest of Tou Velle State Park, recovery plan (USFWS 2006, pp. IV-12– the species at the time of listing and 2.9 km southeast of the confluence IV-13). The two subunits are located (ONHDB 1994, pp. 9–10; OSU 2008). of Bear Creek and the Rogue River. The mostly within the Rogue Valley Unit IV1 contains all the PCEs for unit roughly parallels a 2.6 km (1.6 mi) International – Medford Airport, Lomatium cookii and was identified in stretch of Whetstone Creek to the south. approximately 2 km (1.2 mi) west of the draft recovery plan as the Anderson The land in this unit is 9 percent State- Coker Butte and 1.5 km (0.9 mi) Creek recovery core area (USFWS 2006, owned, 10 percent municipally owned, northeast of Bear Creek. Subunit RV9A pp. IV-11, IV-14). It is located on and 81 percent privately owned. is located 1.4 km (0.9 mi) north of the privately owned land, 3.5 km (2.2 mi) This unit includes highly intact Rogue Valley International – Medford north of Selma, 14 km (8.8 mi) north of vernal-pool mounded prairie habitat Airport and is 300 m (980 ft) east of the Cave Junction, along a 1.0 km (0.6 mi) with partial protection by city junction of Vilas Road and Table Rock stretch of Anderson Creek and Highway regulation and private conservation Road. Subunit RV9B is between Upton 199, 2.0 km (1.2 mi) southwest of Hays easements. This is the only unit that Slough and Bear Creek and 1.7 km Hill Summit, and is 1.7 km (1.0 mi) includes a shrub and tree component northeast of the junction of Interstate 5 northwest of the junction of Draper within vernal pool–mounded prairie and Highway 62. The land in this unit Valley Road and Indian Creek Road. habitat. The Nature Conservancy is 93 percent county-owned and 7 The two occurrences in this unit are manages a 58-ha (144-ac) parcel within percent privately owned. the most northern known occurrences of this unit occupied by both Limnanthes This unit includes one of the most Lomatium cookii in the Illinois Valley. floccosa ssp. grandiflora and Lomatium extensive and densest populations of Recent surveys located two populations cookii. One of the primary purposes of Lomatium cookii within its range. The in this unit, one with 135 plants and the preserve is to conserve vernal pool– Rogue Valley International – Medford one with 1,000 plants. The two mounded prairie habitat. The Nature Airport is managed to meet FAA safety populations were reported as growing in Conservancy has recently developed a requirements. The property is open, grassy meadows (C. Shohet, pers. management plan to restore and completely fenced-in to exclude people comm. 2005). Aerial imagery suggests enhance vernal pool function across a and large animals and is periodically the habitat in this unit is relatively 32-ha (80-ac), neighboring property mowed to keep vegetation low and intact wet meadow (USDA 2006a). owned by ODOT that also occurs within reduce use by large birds and other Potential threats to the Lomatium the unit. The City of Medford leases 36 wildlife. The security fencing and cookii habitat in this unit include

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incompatible grazing practices, native and noxious weed encroachment, protect, and maintain the PCEs agricultural development, alterations in and woody vegetation succession (C. supported by Unit IV3 due to threats hydrology due to timber production, Shohet, pers. comm. 2005). Grazing is a from woody vegetation succession, native and noxious weed encroachment, common agricultural practice in the area impacts associated with timber and woody vegetation succession as the (J. Kagan, pers. comm. 2009), but harvesting activities, and road result of fire suppression (J. Kagan, pers. depending on management within the maintenance. comm. 2008; C. Shohet, pers. comm. unit, it may be incompatible with Unit IV4: Reeves Creek East 2005). Grazing is a common agricultural growth, reproduction, and germination practice in the area (J. Kagan, pers. of the species. No conservation We are proposing to designate Unit comm. 2008), but depending on agreements or protections have been IV4 as critical habitat for Lomatium management within this unit, it may be established within this unit, and we are cookii. This unit consists of 69 ha (170 incompatible with growth, not aware of any conservation plans to ac) of intact wet meadow habitat and reproduction, and germination of the conserve critical habitat within this has been occupied by Lomatium cookii species. We are not aware of any unit. Special management since the time of listing (ONHIC 2008). conservation agreements or management considerations or protection may be Unit IV4 contains all of the PCEs for plans to conserve critical habitat within required to restore, protect, and Lomatium cookii and was identified in this unit. Special management maintain the PCEs supported by Unit the draft recovery plan as the Reeves considerations or protection may be IV2 due to threats from agricultural Creek East recovery core area (USFWS required to restore, protect, and development, incompatible grazing 2006, pp. IV-11, IV-14). This unit is maintain the PCEs supported by Unit practices, and woody vegetative located on Federal and privately owned IV1 due to threats from agricultural succession due to increased fire return land, 6.2 km (3.9 mi) south of Selma, development, potential incompatible intervals. and 5.3 km (3.3 mi) northwest of Cave grazing practices, and woody vegetative Junction. It occurs along a 500 m (1,640 Unit IV3: Reeves Creek North succession due to decreased fire return ft) stretch of Reeves Creek located 700 intervals. We are proposing to designate Unit m (2,300 ft) southeast of Unit IV3. The IV3 as critical habitat for Lomatium land in this unit is 52 percent federally Unit IV2: Draper Creek cookii. This unit consists of 105 ha (260 owned and 48 percent privately owned. We are proposing to designate Unit ac) of wet meadow habitat. Lomatium The wet meadow habitat in this unit IV2 as critical habitat for Lomatium cookii occupied this unit at the time of is primarily threatened by woody cookii. This unit consists of 39 ha (97 listing and continues to be found here vegetative succession, activities ac) of intact wet meadow habitat, was (ONHIC 2008). Unit IV3 contains all of associated with timber harvesting occupied by Lomatium cookii at the the PCEs for Lomatium cookii and was practices, road maintenance, and ORV time of listing (ONHDB 1994, p. 5; OSU identified in the draft recovery plan as use. The single Lomatium cookii 2008), and continues to be occupied by the Reeves Creek West recovery core population known from this unit is the species. Unit IV2 contains all of the area (USFWS 2006, pp. IV-11, IV-14). described as fragmented by a road cut. PCEs for Lomatium cookii and was This unit is located on Federal and Portions of the habitat in this unit are identified in the draft recovery plan as privately owned land, 4.5 km (2.8 mi) also threatened by early seral forest the Draper Creek recovery core area south of Selma, 6.0 km (3.75 mi) north succession (ONHIC 2008). As with the (USFWS 2006, pp. IV-11, IV-14). It is of Cave Junction, and 1.1 km (0.7 mi) previous unit, plants observed in this located on privately owned land 2.7 km northeast of Sauers Flat. The unit is unit occur in smaller numbers and grow (1.7 mi) northeast of Selma, 13.5 km (8.4 located 1.4 km (0.9 mi) east of the in more limited areas compared to other mi) north of Cave Junction, along a 900 confluence between Reeves Creek and Illinois Valley populations, and the m (2,900 ft) stretch of Draper Creek, the Illinois River and extends along a populations appear to be more located 800 m (2,600 ft) east of 2.0 km (1.2 mi) stretch of Reeves Creek, fragmented. Special management Anderson Creek. The unit is 800 m beginning 800 m (2,600 ft) northeast of considerations or protection may be (2,600 ft) north-northwest of the the junction of Highway 199 and Reeves required to restore, protect, and confluence of Draper Creek and Davis Creek Road. The land in this unit is 58 maintain the PCEs supported by Unit Creek and is 200 m (650 ft) southeast of percent federally owned and 42 percent IV4 due to threats from road the junction of Draper Valley Road and privately owned. construction, impacts associated with Indian Creek Road. The wet meadow habitat in this unit timber harvesting, woody vegetative According to a recent survey report, is primarily threatened by natural succession, and ORV use. this unit includes relatively intact wet vegetative succession, but there is meadow habitat associated with Draper potential for road maintenance to Unit IV5: Reeves Creek South Creek. A recent survey located a 400- become a threat. Road maintenance We are proposing to designate Unit plant Lomatium cookii population here, often fragments populations and can IV5 as critical habitat for Lomatium reported as growing in an open, grassy directly affect plants. Woody vegetative cookii. This unit consists of 158 ha (391 meadow (C. Shohet, pers. comm. 2005). succession can impact Lomatium cookii ac) of intact wet meadow habitat. This The Lomatium cookii occurrence in this populations in this unit by over- unit was occupied by Lomatium cookii unit is among the most northern known shading. Due to this threat, the plants at the time of listing and the species occurrences for this species in the observed in this unit occur in smaller continues to be found there (ONHIC Illinois Valley. Aerial imagery suggests numbers and grow in more limited areas 2008). Unit IV5 contains all of the PCEs the habitat in this unit may be reverting compared to other Illinois Valley for Lomatium cookii and was identified to oak and conifer succession in some populations and appear to be more in the draft recovery plan as the Reeves areas (USDA 2006a). fragmented (ONHIC 2008). Timber Creek West recovery core area (USFWS Potential threats to the Lomatium harvesting occurs in this unit 2006, pp. IV-11, IV-14). The unit is cookii habitat in this unit include periodically and could affect Lomatium located on both Federal and private land incompatible grazing practices, cookii populations in the next few years. roughly parallel to Highway 199 for 2.5 agricultural development, alterations in Special management considerations or km (1.6 mi), which is 500 m (1,640 ft) hydrology due to timber production, protection may be required to restore, west of the unit. The unit is located 1.6

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km (1.0 mi) north of Cave Junction, 1 population and gravel was spread on the This unit is partially managed by the km (0.6 mi) southeast of Sauers Flat, 800 population at a pull-out. The population Oregon Parks and Recreation m (2,600 ft) east of Kerby, and 1.2 km continues to thrive and even grows up Department (OPRD). The OPRD (0.7 mi) east of the confluence between through the gravel. J. Kagan described manages both the Federal and State Holton Creek and the Illinois River. The the population as occurring at the property and a management plan is land in this unit is 65 percent federally bottom of a small hill derived of currently in development to protect and owned and 35 percent privately owned. ultramafic alluvium (ONHDB 1994, p. conserve the habitat that support The wet meadow habitat in this unit 9). The two populations in the unit are Lomatium cookii. Recent monitoring by is primarily threatened by vegetative some of the most robust populations in Service staff (2008) observed a relatively succession. Impacts associated with the Illinois Valley. However, the robust population spread out alongside timber harvesting, road maintenance, Lomatium cookii population has been streamside meadow habitat (Service and ORV use are threats that could monitored since April 2003, and after database 2008). affect the habitat within this unit within several years of population size The primary threats to the habitat in the next few years. The Lomatium increases, the population has recently this unit are natural woody vegetative cookii described in this unit is described declined. The specific cause of the succession and rural development. as a fairly modest-sized population, decline is not known. Agricultural development, incompatible with numbers up to 300 plants. The The primary threats to the habitat in grazing practices, and invasive, population in this unit is threatened by this unit are periodic roadside nonnative, annual plant species are also fragmentation due to woody vegetation maintenance, occasional roadside potential threats. Special management succession. The population is somewhat disturbance, woody vegetative considerations or protection may be scattered around open wet meadow succession, nonnative invasive plants, required to restore, protect, and patches dispersed within a young and rural development. There are maintain the PCEs supported by Unit woody overstory (ONHIC 2008). Special relatively few nonnative invasive plants IV7 due to the threats described above. management considerations or that threaten Lomatium cookii at this Unit IV8: Woodcock Mountain protection may be required to restore, site, perhaps due to the ultramafic- protect, and maintain the PCEs We are proposing to designate Unit derived soils, but roadside maintenance IV8 as critical habitat for Lomatium supported by Unit IV5 due to threats is expected to occur often along this from road construction, impacts cookii. This unit consists of 348 ha (859 stretch of road and could increase the ac) of intact wet meadow habitat. associated with timber harvesting, presence of invasive plants. Several woody vegetative succession, and ORV Lomatium cookii was known from this inadvertent impacts have been caused to use. unit at the time of listing and continues the population by construction to occur there (ONHIC 2008). Unit IV8 Unit IV6A and B: Laurel Road equipment and vehicle traffic and contains all of the PCEs for Lomatium We are proposing to designate Unit periodic maintenance to the road. cookii and was identified in the draft IV6 as critical habitat for Lomatium ODOT manages the population closely recovery plan as part of the Rough and cookii. This unit consists of two and has been able to ensure that their Ready Creek recovery core area (USFWS subunits totaling 209 ha (516 ac) of road repairs do not affect the 2006, pp. IV-11, IV-14). The unit is intact wet meadow habitat that was population. located on Federal and privately owned occupied by Lomatium cookii at the Special management considerations land, 2.4 km (1.5 mi) southwest of the time of listing (ONHIC 2008); the or protection may be required to restore, city of Cave Junction, 5.3 km (3.3 mi) species continues to be found there. protect, and maintain the PCEs north of O’Brien, is 140 m (ft) west of Unit IV6 contains all of the PCEs for supported by Unit IV6 due to threats the confluence of Woodcock Creek and Lomatium cookii and was identified in from rural development, roadside the West Fork Illinois River, and occurs the draft recovery plan as the Laurel maintenance, woody vegetative along a 3.3 km (2.0 mi) stretch of West Road recovery core area (USFWS 2006, succession, and invasive, nonnative Side Road. Unit IV7 is 400 m (ft) west pp. IV-11, IV-14). The unit is located plant species. of Highway 199 and roughly parallels west and alongside of the base of Lime Unit IV7: Illinois River Forks State Park the highway for 5.0 km (3.1 mi). This Rock, 1.2 km (0.7 mi) east of the city of unit occurs on 3 percent Federal, 1 Cave Junction, and follows along We are proposing to designate Unit percent State, and 96 percent privately Highway 46 for 1.5 km (0.9 mi). Subunit IV7 as critical habitat for Lomatium owned land. IV6A is located 1.3 km (0.8 mi) west of cookii. This unit consists of 55 ha (136 This unit contains abundant intact Lime Rock summit, 1.0 km east of the ac) of intact wet meadow habitat. wet meadow habitat and includes junction of Laurel Road and Highway Lomatium cookii has been known from several populations of Lomatium cookii, 199, and is roughly parallel to Highway this unit since the time of listing one of which may include more than 199 for 1.3 km (0.8 mi), which lies (ONHIC 2008). Unit IV7 contains all of 5,000 plants. The habitat occupied by approximately 1.0 km (0.6 mi) west of the PCEs for Lomatium cookii and was the species is typical moist grassland the subunit. Subunit IV6B is 2.7 km (1.7 identified in the draft recovery plan as dominated by the native bunch grasses mi) east of the confluence of the east the River Forks State Park recovery core Danthonia californica and Deschampsia and west forks of the Illinois River and area (USFWS 2006, pp. IV-11, IV-14). cespitosa. A 39-ha (97-ac) private from the intersection of Holland Loop The unit is located 500 m (1640 ft) west property that occurs within the unit is Road and Highway 46; it extends of the city of Cave Junction, 600 m under a conservation easement. Threats approximately 1.8 km (1.1 mi) to the (1,970 ft) southeast of Pomeroy Dam, that face the PCEs in this unit include northeast and 2.7 km (1.7 mi) to the and is 230 m (750 ft) east of the woody vegetative succession, rural north. The land in this unit is 6 percent confluence of the east and west forks of development, and incompatible federally owned, less than 1 percent the Illinois River. The unit occurs along agricultural development. Special State, and 93 percent privately owned. a 2.8 km (1.7 mi) stretch of the West management considerations or Unit IV6 is open meadow and Fork Illinois River. The unit occurs on protection may be required to restore, roadside habitat at the base of Lime 25 percent Federal, 44 percent State, protect, and maintain the PCEs Rock. Highway 46 crosses the and 31 percent privately owned land. supported by Unit IV8 due to these

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threats and potentially from Illinois River, and parallels a 300 m (980 (1,524 ac) of intact wet meadow habitat. incompatible grazing practices and ft) stretch of Rockydale Road. The land The unit has been occupied by invasive, nonnative, annual plant in this unit is under 22 percent Federal Lomatium cookii since the time of species. ownership and 78 percent private listing. Unit IV12 contains all of the ownership. A portion of this unit occurs PCEs for Lomatium cookii and was Unit IV9: Riverwash on BLM-managed land (Kaye and identified in the draft recovery plan as We are proposing to designate Unit Thorpe 2008, p. 1). the French Flat recovery core area IV9 as critical habitat for Lomatium The two Lomatium cookii populations (USFWS 2006, pp. IV-11, IV-14). The cookii. This unit consists of 12 ha (30 in this unit occur in open mixed oak– unit is located 4.5 km (2.8 mi) east of ac) of intact wet meadow and conifer habitat. Aerial imagery suggests Cave Junction, 3.7 km (2.3 mi) northeast streambank habitat. Lomatium cookii that the wet meadow habitat is of O’Brien, 140 m (460 ft) north of has been known from this unit since the fragmented, may be slowly degrading, Esterly Lakes, 1.4 km (0.9 mi) northeast time of listing (ONHIC 2008). Unit IV9 and may require some management to of Indian Hill, 300 m (960 ft) east of the contains all of the PCEs for Lomatium maintain early seral stage vegetation confluence of Rough and Ready Creek cookii and was identified in the draft (USDA 2006a). The primary threats to and the West Fork Illinois River, and recovery plan as part of the Rough and the PCEs in this unit are rural follows along a 5.0 km (3.1 mi) stretch Ready Creek recovery core area (USFWS development and vegetative succession. of Rockydale Road. Land within the unit 2006, pp. IV-11, IV-14). The unit is Special management considerations is under 45 percent Federal ownership located 4.2 km (2.6 mi) south of Cave or protection may be required to restore, and 55 percent private ownership. Junction, 6.1 km (3.8 mi) north- protect, and maintain the PCEs This unit contains some of the largest northeast of O’Brien, and is located supported by Unit IV10 due to threats areas of intact wet meadow habitat along the east bend of the West Fork from rural development and woody within the Illinois Valley. Several Illinois River, 700 m (2,300 ft) south vegetative succession. Lomatium cookii populations occur (upstream) of the confluence between within this unit. Two of the Lomatium Woodcock Creek and the West Fork Unit IV11: Rough and Ready Creek cookii populations in the unit, each in Illinois River. The land in the unit is 34 We are proposing to designate Unit excess of 40,000 individuals, have been percent federally owned, 5 percent IV11 as critical habitat for Lomatium closely monitored on BLM land for over State-owned, and 61 percent privately cookii. This unit consists of 61 ha (152 10 years (Kaye and Thorpe 2008, pp. owned. ac) of intact wet meadow habitat. 16–25). Although the populations are This unit includes the Danna Lytjen Lomatium cookii has been known from robust and dense compared to other Special Management Area, a property of this unit since the time of listing locations, the rate of growth has been ODOT. It has been monitored by ODOT (ONHIC 2008). Unit IV11 contains all of declining and plants may be slowly periodically since the time it was the PCEs for Lomatium cookii and was succumbing to various naturally caused discovered (D. Sharp, pers. comm. identified in the draft recovery plan as threats, including woody vegetative 2009). The population within this unit part of the Rough and Ready Creek succession and vole herbivory (Kaye is smaller (fewer than 50 plants) and recovery core area (USFWS 2006, pp. and Thorpe 2008, pp. 16–25). occurs in wet meadow habitat alongside IV-11, IV-14). The unit roughly follows Threats commonly observed within a ditch. The primary threats to habitat along and is adjacent to a 1.9 km (1.2 this unit are: illegal ORV use; vandalism in this unit are periodic roadside mi) stretch of Airport Drive, is located (related to ORV use); garbage dumping; maintenance, vegetative succession, 3 km (1.9 mi) north of O’Brien, 900 m mining; woody vegetative succession; occasional roadside disturbance, and (2,950 ft) west of the Rough and Ready substantial rodent herbivory on rural development. Special management Forest Wayside State Park, and is 122 m Lomatium cookii plants (voles); and considerations or protection may be (400 ft) east of the confluence with the competition with invasive, nonnative required to restore, protect, and Illinois River and Rough and Ready annual plant species. Several other maintain the PCEs supported by Unit Creek. The land in this unit is 48 Lomatium cookii populations that occur IV9 due to threats from agricultural percent federally owned and 52 percent within this unit are not closely development, incompatible grazing privately owned. monitored. Therefore, special practices, occasional roadside activities, A grouping of Lomatium cookii management considerations or vegetative succession, and rural patches has been monitored within this protection may be required to restore, development. unit for over 10 years (Kaye and Thorpe protect, and maintain the PCEs supported by Unit IV12 due to the Unit IV10: French Flat North 2008, p. 26). Although the population is stable and not considered a large threats described above. We are proposing to designate Unit population, it appears to be resilient to Unit IV13: Indian Hill IV10 as critical habitat for Lomatium various ORV threats and alterations in cookii. This unit consists of 45 ha (110 hydrology. We are proposing to designate Unit ac) of intact wet meadow habitat. Threats present at this unit are in the IV13 as critical habitat for Lomatium Lomatium cookii has been known from form of ORVs, nonnative invasive forbs, cookii. This unit consists of 18 ha (45 this unit since the time of listing alteration in hydrology caused by ac) of intact wet meadow habitat. It has (ONHIC 2008). Unit IV10 contains all of roadside maintenance, and natural been occupied by Lomatium cookii the PCEs for Lomatium cookii and was succession. Special management since the time of listing. Unit IV13 identified in the draft recovery plan as considerations or protection may be contains all of the PCEs for Lomatium part of the Rough and Ready Creek required to restore, protect, and cookii, and was identified in the draft recovery core area (USFWS 2006, pp. maintain the PCEs supported by Unit recovery plan as the Indian Hill IV-11, IV-14). The unit is located 3.7 km IV11 due to these threats. recovery core area (USFWS 2006, pp. (2.3 mi) south of Cave Junction, 900 m IV-11, IV-14). The unit is adjacent to (2,950 ft) north of the intersection of Unit IV12: French Flat Middle and lies east of a 900 m (2,950 ft) stretch Sherrier Drive and Raintree Drive, 1.7 We are proposing to designate Unit of the West Fork Illinois River, located km (1.1 mi) southwest of the confluence IV12 as critical habitat for Lomatium approximately 300 m south (upstream) of Althouse Creek and the East Fork cookii. This unit consists of 617 ha of the confluence of Rough and Ready

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Creek and the West Fork Illinois River. cookii. This unit consists of 40 ha (100 suggests that the wet meadow habitat, as The unit is 1.8 km (1.1 mi) northeast of ac) of intact wet meadow habitat. This of 2006, is slowly becoming degraded O’Brien and is 350 m (1,150 ft) unit is presently occupied by the and may require some management to northwest of Indian Hill. The land species and was occupied at the time of maintain early seral stage vegetation within this unit is 83 percent federally listing. Unit IV14 contains all of the (USDA 2006a). The primary threats to owned and 17 percent privately owned. PCEs for Lomatium cookii and was the habitat in this unit are mining and This unit contains a comma-shaped identified in the draft recovery plan as natural vegetation succession. wet meadow supporting one Lomatium the French Flat recovery core area Special management considerations cookii population in excess of 9,000 (USFWS 2006, pp. IV-11, IV-14). The or protection may be required to restore, plants. Lomatium cookii has been unit is located 3.4 km (2.1 mi) east- protect, and maintain the PCEs closely monitored in this unit for over southeast O’Brien, 230 m (750 ft) west supported by Unit IV14 due to threats 10 years (Kaye and Thorpe 2008, p 28). of Waldo, 2.4 km (1.5 mi) southeast of from woody vegetative succession and Although this population appears to be Indian Hill, and is 1.5 km (0.9 mi) mineral mining. threatened by succession of woody southwest of Esterly Lakes. The land Tables 1 and 2 provide a summary of vegetation and herbivory by voles, within this unit is under 59 percent population monitoring indicates the the approximate area (ha and ac) of Federal ownership and 41 percent units in Jackson County by Federal, population is stable. private ownership. Special management considerations State, county, municipal, and private or protection may be required to restore, This unit includes a single Lomatium ownership determined to meet the protect, and maintain the PCEs cookii population on BLM-managed definition of critical habitat for supported by Unit IV6 due to threats land that has not been visited since Limnanthes floccosa ssp. grandiflora from natural woody vegetative 1998. Aerial imagery suggests that the and Lomatium cookii. Table 3 provides succession and vole herbivory. open mixed oak-conifer habitat in the a summary of the approximate area (ha/ unit includes patchy wet meadows and ac) of units for Lomatium cookii in Unit IV14: Waldo appears to be threatened by succession Josephine County by Federal, State, and We are proposing to designate Unit of natural woody vegetation succession private ownership determined to meet IV14 as critical habitat for Lomatium and mineral mining. Aerial imagery 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)

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TABLE 3—CRITICAL HABITAT UNITS AND OWNERSHIP IN HECTARES (ACRES) FOR Lomatium cookii IN JOSEPHINE COUNTY, OREGON (TOTALS ARE ROUNDED).—Continued

Critical Habitat Unit Private State Federal Total Area

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 (IV7) 17 (42) 24.8 (60) 13.8 (34) 55 (136)

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

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Administration, Federal Aviation consultation has been completed, if designates critical habitat those Administration, or the Federal those actions with discretionary activities involving a Federal action that Emergency Management Agency) are involvement may affect subsequently may destroy or adversely modify such subject to the section 7(a)(2) listed species or designated critical habitat, or that may be affected by such consultation process. Federal actions habitat. designation. Activities that may destroy not affecting listed species or critical or adversely modify critical habitat may Application of the Jeopardy and habitat, and actions on State, tribal, also jeopardize the continued existence Adverse Modification Standards local, or private lands that are not of the species. federally funded, authorized, or Jeopardy Standard Activities that, when carried out, funded, or authorized by a Federal permitted, do not require section 7(a)(2) Currently, the Service applies an consultations. agency, may affect critical habitat and analytical framework for Limnanthes therefore result in consultation for If a Federal action may affect a listed floccosa ssp. grandiflora and Lomatium species or its critical habitat, the Limnanthes floccosa ssp. grandiflora cookii jeopardy analyses that relies and Lomatium cookii include, but are responsible Federal agency (action heavily on the importance of known agency) must enter into consultation not limited to: populations to the species’ survival and (1) Actions that would result in with us. At the conclusion of this recovery. The section 7(a)(2) of the Act consultation, the Service will issue ground disturbance to vernal pool– analysis is focused not only on these mounded prairie and seasonally wet either: populations but also on the habitat (1) a concurrence letter for Federal meadow habitat. Such activities could conditions necessary to support them. actions that may affect, but are not include, but are not limited to: The jeopardy analysis usually likely to adversely affect, listed species residential or recreational development, expresses the survival and recovery or critical habitat; or ORV activity, dispersed recreation, new (2) a biological opinion for Federal needs of Limnanthes floccosa ssp. road construction or widening, existing actions that may affect, but are likely to grandiflora and Lomatium cookii in a road maintenance, and incompatible adversely affect, listed species or critical qualitative fashion without making grazing practices (such as grazing during habitat. distinctions between what is necessary the winter, when pools are wet and If we issue a biological opinion for survival and what is necessary for most likely to be subjected to disruption concluding that a project is likely to recovery. Generally, the jeopardy of the underlying clay layer). These result in jeopardy to a listed species or analysis focuses on the range-wide activities could cause direct loss of the destruction or adverse modification statuses of L. f. ssp. grandiflora and Limnanthes floccosa ssp. grandiflora of critical habitat, we also provide Lomatium cookii, respectively, the and Lomatium cookii-occupied areas, reasonable and prudent alternatives to factors responsible for that condition, and affect vernal pools and wet the project, if any are identifiable, to and what is necessary for each species meadows by damaging or eliminating avoid these outcomes. We define to survive and recover. An emphasis is habitat, altering soil composition due to ‘‘reasonable and prudent alternatives’’ at also placed on characterizing the increased erosion, and increasing 50 CFR 402.02 as alternative actions conditions of L. f. ssp. grandiflora and densities of nonnative plant species. identified during consultation that: Lomatium cookii in the area affected by In addition, changes in soil • Can be implemented in a manner the proposed Federal action and the role composition may lead to changes in the consistent with the intended purpose of of affected populations in the survival vegetation composition, such as growth the action, and recovery of L. f. ssp. grandiflora and of shrub cover resulting in decreased • Can be implemented consistent with Lomatium cookii. That context is then density or vigor of individual the scope of the Federal agency’s legal used to determine the significance of Limnanthes floccosa ssp. grandiflora authority and jurisdiction, adverse and beneficial effects of the and Lomatium cookii plants. These • Are economically and proposed Federal action and any activities may also lead to changes in technologically feasible, and cumulative effects for purposes of water flows and inundation periods that • Would, in the Director’s opinion, making the jeopardy determination. would degrade, reduce, or eliminate the avoid jeopardizing the continued habitat necessary for the growth and Adverse Modification Standard existence of the listed species or reproduction of L. f. ssp. grandiflora and destroying or adversely modifying The key factor related to the adverse Lomatium cookii. critical habitat. modification determination is whether, (2) Actions that would significantly Reasonable and prudent alternatives with implementation of the proposed alter the hydrological regime of the can vary from slight project Federal action, the affected critical vernal pool–mounded prairie and wet modifications to extensive redesign or habitat would continue to serve its meadow habitat. Such activities could relocation of the project. Costs intended conservation role for the include residential or recreational associated with implementing a species. Generally, the conservation role development adjacent to meadows, ORV reasonable and prudent alternative are of Limnanthes floccosa ssp. grandiflora activity, dispersed recreation, new road similarly variable. and Lomatium cookii critical habitat construction or widening, and existing Regulations at 50 CFR 402.16 require units is to support the various life- road maintenance. These activities Federal agencies to reinitiate history needs and provide for the could alter surface soil layers and consultation on previously reviewed conservation of the species. Activities hydrological regime in a manner that actions in instances where a new that may destroy or adversely modify promotes loss of soil matrix components species is listed or critical habitat is critical habitat are those that alter the and moisture necessary to support the subsequently designated that may be PCEs to an extent that appreciably growth and reproduction of Limnanthes affected and the Federal agency has reduces the conservation value of floccosa ssp. grandiflora and Lomatium retained discretionary involvement or critical habitat for L. f. ssp. grandiflora cookii. control over the action. Consequently, and Lomatium cookii. (3) Actions that would significantly some Federal agencies may need to Section 4(b)(8) of the Act requires us reduce pollination or seed set request reinitiation of consultation with to briefly evaluate and describe in any (reproduction). Such activities could us on actions for which formal proposed or final regulation that include, but are not limited to,

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residential or recreational development, provides: ‘‘The Secretary shall not exist. We also consider whether and grazing or mowing prior to seed set. designate as critical habitat any lands or landowners or other public agencies These activities could prevent other geographical areas owned or have developed any Habitat reproduction by removal or destruction controlled by the Department of Conservation Plans (HCPs) for the area, of reproductive plant parts. Defense, or designated for its use, that or whether there are conservation We consider all of the units proposed are subject to an integrated natural partnerships that would be encouraged as critical habitat to contain the physical resources management plan prepared or discouraged by designation of, or and biological features essential to the under section 101 of the Sikes Act (16 exclusion from, critical habitat in an conservation of Limnanthes floccosa U.S.C. 670a), if the Secretary determines area. In addition, we look at the ssp. grandiflora and Lomatium cookii. in writing that such plan provides a presence of tribal lands or Tribal Trust All units are within the geographic benefit to the species for which critical resources that might be affected, and range of the species and, with the habitat is proposed for designation.’’ consider the government-to-government possible exception of unit RV1, which There are no Department of Defense relationship of the United States with has not been surveyed recently, are lands with a completed INRMP within the tribal entities. We also consider any currently occupied by either L. f. ssp. the proposed critical habitat social impacts that might occur because grandiflora or Lomatium cookii or both. designation. Therefore, there are no of the designation. To ensure our final To ensure that their actions do not specific lands that meet the criteria for determination is based on the best jeopardize the continued existence of L. being exempted from the designation of available information, we are inviting f. ssp. grandiflora and Lomatium cookii, critical habitat pursuant to section comments on any foreseeable economic, Federal agencies already consult with us 4(a)(3) of the Act. national security, or other potential on activities in areas currently occupied impacts resulting from this proposed Exclusions by the two plant species, or in designation of critical habitat from unoccupied areas if the species may be Application of Section 4(b)(2) of the Act governmental, business, or private interests, and in particular, any affected by the action. Section 4(b)(2) of the Act states that potential impacts on small entities. Exemptions the Secretary must designate or make We are aware of several draft and one revisions to critical habitat on the basis Application of Section 4(a)(3) of the Act final management plan on lands owned of the best available scientific data after by public agencies. We will consider for The Sikes Act Improvement Act of taking into consideration the economic exclusion under section 4(b)(2) of the 1997 (Sikes Act) (16 U.S.C. 670a) impact, national security impact, and Act any existing management plans required each military installation that any other relevant impacts of specifying located within proposed critical habitat includes land and water suitable for the any particular area as critical habitat. units, including the BOR Agate Lake conservation and management of The Secretary may exclude an area from Management Plan, any State agency natural resources to complete an critical habitat if he determines that the management plans, management plans integrated natural resources benefits of such exclusion outweigh the on any Medford District BLM locations management plan (INRMP) by benefits of specifying such area as part occupied by Lomatium cookii, and other November 17, 2001. An INRMP of the critical habitat, unless he privately or publicly managed lands integrates implementation of the determines, based on the best scientific about which we receive more military mission of the installation with data available, that the failure to information during the 60–day comment stewardship of the natural resources designate such area as critical habitat period. found on the base. Each INRMP will result in the extinction of the We are preparing an analysis of the includes: species. In making that determination, potential economic impacts of the • An assessment of the ecological the legislative history is clear that the proposed designation of critical habitat needs on the installation, including the Secretary has broad discretion regarding for Limnanthes floccosa ssp. grandiflora need to provide for the conservation of which factor(s) to use and how much and Lomatium cookii. We will listed species; weight to give to any factor. announce the availability of the draft • A statement of goals and priorities; Under section 4(b)(2) of the Act, in economic analysis as soon as it is • A detailed description of considering whether to exclude a completed, at which time we will seek management actions to be implemented particular area from the designation, we public review and comment. At that to provide for these ecological needs; must identify the benefits of including time, copies of the draft economic and the area in the designation, identify the analysis will be available for • A monitoring and adaptive benefits of excluding the area from the downloading from the Internet at http:// management plan. designation, and determine whether the www.regulations.gov, or from the Among other things, each INRMP benefits of exclusion outweigh the Oregon Fish and Wildlife Office (see must, to the extent appropriate and benefits of inclusion. If, based on this FOR FURTHER INFORMATION CONTACT). We applicable, provide for fish and wildlife analysis, we determine that the benefits may exclude areas from the final rule management; fish and wildlife habitat of exclusion outweigh the benefits of based on the information in the enhancement or modification; wetland inclusion, we can exclude the area only economic analysis. protection, enhancement, and if such exclusion would not result in the At this time, we are not proposing any restoration where necessary to support extinction of the species. specific exclusions of areas from critical fish and wildlife; and enforcement of Under section 4(b)(2) of the Act, we habitat under section 4(b)(2) of the Act applicable natural resource laws. must consider all relevant impacts, for Limnanthes floccosa ssp. grandiflora The National Defense Authorization including economic impacts. In and Lomatium cookii. We will consider Act for Fiscal Year 2004 (Public Law addition to economic impacts, we any available information about areas No. 108-136) amended the Endangered consider a number of factors in a section covered by conservation or management Species Act to limit areas eligible for 4(b)(2) analysis. For example, we plans that we should consider for designation as critical habitat. consider whether there are lands owned exclusion from the designation under Specifically, section 4(a)(3)(B)(i) of the by the Department of Defense (DOD) section 4(b)(2) of the Act including Act (16 U.S.C. 1533(a)(3)(B)(i)) now where a national security impact might whether the benefit of exclusion of

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those lands would outweigh the benefits loan programs, or the rights and Unfunded Mandates Reform Act (2 of their inclusion. We specifically obligations of their recipients. U.S.C. 1501 et seq.) request any information on any 4. Whether the rule raises novel legal In accordance with the Unfunded operative or draft habitat conservation or policy issues. Mandates Reform Act (2 U.S.C. 1501), plans for L. f. ssp. grandiflora and the Service makes the following Lomatium cookii that have been Regulatory Flexibility Act (5 U.S.C. 601 findings: prepared under section 10(a)(1)(B) of the et seq.) (a) This rule will not produce a Act, or any other management or other Under the Regulatory Flexibility Act Federal mandate. In general, a Federal conservation plans or agreements that mandate is a provision in legislation, benefits either plant or their PCEs. (5 U.S.C. 601 et seq., as amended by the Small Business Regulatory Enforcement statute, or regulation that would impose Peer Review Fairness Act (SBREFA) of 1996), an enforceable duty upon State, local, tribal governments, or the private sector In accordance with our joint policy whenever an agency is required to published in the Federal Register on publish a notice of rulemaking for any and includes both ‘‘Federal intergovernmental mandates’’ and July 1, 1994 (59 FR 34270), we are proposed or final rule, it must prepare ‘‘Federal private sector mandates.’’ obtaining the expert opinions of at least and make available for public comment These terms are defined in 2 U.S.C. three appropriate and independent a regulatory flexibility analysis that 658(5)-(7). ‘‘Federal intergovernmental specialists regarding this proposed rule. describes the effects of the rule on small mandate’’ includes a regulation that The purpose of peer review is to ensure entities (such as small businesses, small ‘‘would impose an enforceable duty that our critical habitat designation is organizations, and small government upon State, local, or tribal governments’’ based on scientifically sound data, jurisdictions). However, no regulatory with two exceptions. It excludes ‘‘a assumptions, and analyses. We have flexibility analysis is required if the condition of Federal assistance.’’ It also invited these peer reviewers to comment head of the agency certifies the rule will excludes ‘‘a duty arising from during this public comment period on not have a significant economic impact our specific assumptions and participation in a voluntary Federal on a substantial number of small program,’’ unless the regulation ‘‘relates conclusions in this proposed entities. The SBREFA amended the designation of critical habitat. to a then-existing Federal program Regulatory Flexibility Act (RFA) to under which $500,000,000 or more is We will consider all comments and require Federal agencies to provide a information we receive during this provided annually to State, local, and statement of the factual basis for tribal governments under entitlement comment period on this proposed rule certifying that the rule will not have a during our preparation of a final authority,’’ if the provision would significant economic impact on a ‘‘increase the stringency of conditions of determination. Accordingly, our final substantial number of small entities. decision may differ from this proposal. assistance’’ or ‘‘place caps upon, or At this time, the Service lacks the otherwise decrease, the Federal Public Hearings available economic information Government’s responsibility to provide The Act provides for one or more necessary to provide an adequate factual funding,’’ and the State, local, or tribal public hearings on this proposal, if any basis for the required RFA finding. governments ‘‘lack authority’’ to adjust request for public hearings is received Therefore, the RFA finding is deferred accordingly. At the time of enactment, within 45 days of publication of this until completion of the draft economic these entitlement programs were: proposal. Send your request to the analysis prepared pursuant to section Medicaid; AFDC work programs; Child address listed in FOR FURTHER 4(b)(2) of the Act and E.O. 12866. This Nutrition; Food Stamps; Social Services INFORMATION CONTACT. We will schedule draft economic analysis will provide the Block Grants; Vocational Rehabilitation public hearings on this proposal, if any required factual basis for the RFA State Grants; Foster Care, Adoption are requested, and announce the dates, finding. Upon completion of the draft Assistance, and Independent Living; times, and places of those hearings, as economic analysis, the Service will Family Support Welfare Services; and well as how to obtain reasonable publish a notice of availability of the Child Support Enforcement. ‘‘Federal accommodations, in the Federal draft economic analysis of the proposed private sector mandate’’ includes a Register and local newspapers at least designation and reopen the public regulation that ‘‘would impose an 15 days before the first hearing. comment period for the proposed enforceable duty upon the private Required Determinations designation. The Service will include sector, except (i) a condition of Federal with the notice of availability, as assistance or (ii) a duty arising from Regulatory Planning and Review appropriate, an initial regulatory participation in a voluntary Federal The Office of Management and Budget flexibility analysis or a certification that program.’’ (OMB) has determined that this rule is the rule will not have a significant The designation of critical habitat not significant under Executive Order economic impact on a substantial does not impose a legally binding duty (E.O.) 12866. OMB bases its number of small entities accompanied on non-Federal government entities or determination upon the following four by the factual basis for that private parties. Under the Act, the only criteria: determination. The Service has regulatory effect is that Federal agencies 1. Whether the rule will have an concluded that deferring the RFA must ensure that their actions do not annual effect of $100 million or more on finding until completion of the draft destroy or adversely modify critical the economy or adversely affect an economic analysis is necessary to meet habitat under section 7. While non- economic sector, productivity, jobs, the the purposes and requirements of the Federal entities that receive Federal environment, or other units of the RFA. Deferring the RFA finding in this funding, assistance, or permits, or that government. manner will ensure that the Service otherwise require approval or 2. Whether the rule will create makes a sufficiently informed authorization from a Federal agency for inconsistencies with other Federal determination based on adequate an action, may be indirectly affected by agencies’ actions. economic information and provides the the designation of critical habitat, the 3. Whether the rule will materially necessary opportunity for public legally binding duty to avoid affect entitlements, grants, user fees, comment. destruction or adverse modification of

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critical habitat rests squarely on the and what federally sponsored activities (d) Be divided into short sections and Federal agency. Furthermore, to the may occur. However, it may assist local sentences; and extent that non-Federal entities are governments in long-range planning (e) Use lists and tables wherever indirectly affected because they receive (rather than having them wait for case- possible. Federal assistance or participate in a by-case section 7 consultations to If you feel that we have not met these voluntary Federal aid program, the occur). requirements, send us comments by one Unfunded Mandates Reform Act would Civil Justice Reform of the methods listed in the ADDRESSES not apply; nor would critical habitat section. To better help us revise the shift the costs of the large entitlement In accordance with E.O. 12988 (Civil rule, your comments should be as programs listed above on to State Justice Reform), the Office of the specific as possible. For example, you governments. Solicitor has determined that the rule should tell us the numbers of the (b) We do not believe that this rule does not unduly burden the judicial sections or paragraphs that are unclearly will significantly or uniquely affect system and that it meets the written, which sections or sentences are small governments because small requirements of sections 3(a) and 3(b)(2) too long, the sections where you feel governments will be affected only to the of the Order. We have issued this lists or tables would be useful, etc. extent that any programs having Federal proposed critical habitat designation in funds, permits, or other authorized accordance with the provisions of the Government-to-Government activities must ensure that their actions Act. This proposed rule identifies the Relationship with Tribes will not adversely affect the critical primary constituent elements within the In accordance with the President’s habitat. Therefore, a Small Government designated areas to assist the public in memorandum of April 29, 1994, Agency Plan is not required. However, understanding the habitat needs of each Government-to-Government Relations as we conduct our economic analysis, of the species being considered in this with Native American Tribal of the we will further evaluate this issue and proposed rule. Interior’s manual at 512 DM 2, we revise this assessment if appropriate. Paperwork Reduction Act of 1995 (44 readily acknowledge our responsibility Takings U.S.C. 3501 et seq.) to communicate meaningfully with recognized Federal tribes on a In accordance with E.O. 12630 This rule does not contain any new government-to-government basis. In (Government Actions and Interference collections of information that require accordance with Secretarial Order 3206 with Constitutionally Protected Private approval by OMB under the Paperwork of June 5, 1997 (American Indian Tribal Property Rights), we have analyzed the Reduction Act of 1995 (44 U.S.C. 3501 Rights, Federal-Tribal Trust potential takings implications of et seq.). This rule will not impose Responsibilities, and the Endangered designating critical habitat for each of recordkeeping or reporting requirements Species Act), we readily acknowledge the two species in a takings implications on State or local governments, our responsibilities to work directly assessment. The takings implications individuals, businesses, or with tribes in developing programs for assessment concludes that this organizations. An agency may not healthy ecosystems, to acknowledge that designation of critical habitat for conduct or sponsor, and a person is not tribal lands are not subject to the same Limnanthes floccosa ssp. grandiflora required to respond to, a collection of controls as Federal public lands, to and Lomatium cookii does not pose information unless it displays a remain sensitive to Indian culture, and significant takings implications for currently valid OMB control number. lands within or affected by the proposed to make information available to tribes. designation. National Environmental Policy Act We have determined that there are no (NEPA) tribal lands that were occupied by Federalism It is our position that, outside the Limnanthes floccosa ssp. grandiflora In accordance with E.O. 13132 jurisdiction of the United States Court of and Lomatium cookii at the time of (Federalism), this proposed rule does Appeals for the Tenth Circuit, we do not listing that contain the features essential not have significant Federalism effects. need to prepare environmental analyses for the conservation of the species, and A Federalism assessment is not as defined by NEPA (42 U.S.C. 4321 et no tribal lands that are in unoccupied required. In keeping with Department of seq.) in connection with designating areas that are essential for the the Interior policy, we requested critical habitat under the Act. We conservation of the species. Therefore, information from, and coordinated published a notice outlining our reasons this proposed designation of critical development of, this proposed critical for this determination in the Federal habitat does not involve any tribal habitat designation with appropriate Register on October 25, 1983 (48 FR lands. State resource agencies in Oregon. The 49244). This position was upheld by the Energy Supply, Distribution, or Use designation of critical habitat for United States Court of Appeals for the Limnanthes floccosa ssp. grandiflora Ninth Circuit (Douglas County v. Executive Order 13211 (Actions and Lomatium cookii would impose no Babbitt, 48 F.3d 1495 (9th Cir. 1995), Concerning Regulations That additional restrictions to those currently cert. denied 516 U.S. 1042 (1996)). Significantly Affect Energy Supply, in place and, therefore, would have Distribution, or Use) requires agencies little incremental impact on State and Clarity of the Rule to prepare Statements of Energy Effects local governments and their activities. We are required by E.O. 12866 and when undertaking certain actions. This The designation may have some benefit 12988 and by the Presidential proposed rule to designate critical to these governments because the areas Memorandum of June 1, 1998, to write habitat for Limnanthes floccosa ssp. that contain the features essential for the all rules in plain language. This means grandiflora and Lomatium cookii is not conservation of the species would be that each rule we publish must: expected to significantly affect energy more clearly defined, and the primary (a) Be logically organized; supplies, distribution, or use. Therefore, constituent elements of the habitat (b) Use the active voice to address this action is not a significant energy necessary to the conservation of the readers directly; action, and no Statement of Energy species would be specifically identified. (c) Use clear language rather than Effects is required. However, we will This information would not alter where jargon; further evaluate this issue as we

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conduct our economic analysis, and List of Subjects in 50 CFR Part 17 Authority: 16 U.S.C. 1361–1407; 16 U.S.C. revise this assessment as warranted. Endangered and threatened species, 1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99– 625, 100 Stat. 3500; unless otherwise noted. References Cited Exports, Imports, Reporting and recordkeeping requirements, 2. In § 17.12(h), revise the entries for A complete list of all references cited Transportation. Limnanthes floccosa ssp. grandiflora in this rulemaking is available upon and Lomatium cookii under request from the State Supervisor, Proposed Regulation Promulgation ‘‘FLOWERING PLANTS’’ in the List of Oregon Fish and Wildlife Office (see Accordingly, we propose to amend FOR FURTHER INFORMATION CONTACT Endangered and Threatened Plants to part 17, subchapter B of chapter I, title read as follows: section) or from http:// 50 of the Code of Federal Regulations, www.regulations.gov. as set forth below: § 17.12 Endangered and threatened Author(s) plants. PART 17—[AMENDED] * * * * * The primary authors of this document are the staff of the Roseburg Field Office 1. The authority citation for part 17 (h) * * * of the Oregon Fish and Wildlife Office. continues to read as follows:

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

Flowering Plants

* * * * * * *

Limnanthes floccosa ssp. large-flowered woolly U.S.A. (OR) Limnanthaceae E 733 17.96(a) NA grandiflora meadowfoam

* * * * * * *

Lomatium cookii Cook’s lomatium (Cook’s U.S.A. (OR) Apiaceae E 733 17.96(a) NA desert parsley)

* * * * * * *

* * * * * Areas of sufficient size and quality are Ranunculus occidentalis, and 3. Amend § 17.96(a) by adding an likely to have the following Limnanthes gracilis var. gracilis; entry for ‘‘Lomatium cookii’’ in characteristics: (C) Occur primarily in bottomland alphabetical order under Family (A) Elevations from 372 to 411 m Quercus garryana–Quercus kelloggii– Apiaceae and by adding an entry for (1,220 to 1,350 ft); Pinus ponderosa (Oregon white oak– ‘‘Limnanthes floccosa ssp. grandiflora’’ (B) Associated dominant native plants California black oak–ponderosa pine) in alphabetical order under Family including, not limited to: Alopecurus forest openings along seasonal creeks; Limnanthaceae to read as follows: geniculatus, Deschampsia and (D) A minimum area of 12 ha (30 ac) § 17.96 Critical habitat—plants. danthonioides, Eryngium petiolatum, Lasthenia californica, Myosurus to provide intact hydrology and * * * * * minimus, Navarretia leucocephala ssp. protection from development and weed (a) Flowering plants. leucocephala, Phlox gracilis, sources. * * * * * Plagiobothrys bracteatus, Trifolium (iii) In the Agate Desert, the hydrologically and ecologically Family Apiaceae: Lomatium cookii depauperatum, and Triteleia hyacinthina; and functional system of interconnected (Cook’s lomatium) pools or ephemeral wetlands or (C) A minimum area of 8 ha (20 ac) (1) Critical habitat units for Lomatium depressions within a matrix of to provide intact hydrology and cookii are depicted for Jackson and surrounding uplands that together form protection from development and weed Josephine Counties, Oregon, on the vernal pool complexes within the sources. maps below. greater watershed. The associated (2) The primary constituent elements (ii) In the Illinois River Valley, wet features may include the pool basin and for Lomatium cookii are: meadows in Oregon Oak and pine ephemeral wetlands; an intact hardpan (i) In the Agate Desert, vernal pools forests that are seasonally inundated subsoil underlying the surface soils up and ephemeral wetlands and the and support native plant populations. to 0.75 m (2.5 ft); and surrounding adjacent upland margins of these Areas of sufficient size and quality are uplands, including mound topography depressions that hold water for a likely to have the following and other geographic and edaphic sufficient length of time to sustain characteristics: features that support systems of Lomatium cookii germination, growth, (A) Elevations between from 383 to hydrologically interconnected pools and and reproduction. These vernal pools or 488 m (1,256 to 1,600 ft); other ephemeral wetlands (which may ephemeral wetlands support native (B) Associated dominant native plants vary in extent depending on site- plant populations and are seasonally including, not limited to Achnatherum specific characteristics of pool size and inundated during wet years but do not lemmonii, Camassia spp., Danthonia depth, soil type, and hardpan depth). necessarily fill with water every year californica, Deschampsia cespitosa, (iv) In the Illinois Valley, the due to natural variability in rainfall. Festuca roemeri, Poa secunda, hydrologically and ecologically

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

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

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

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

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(9) Note: Josephine County Index Map for critical habitat for Lomatium cookii follows:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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* * * * * 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

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