[Federal Register Volume 74, Number 143 (Tuesday, July 28, 2009)]
[Proposed Rules]
[Pages 37313-37392]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-17522]



[[Page 37313]]

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Part II





Department of the Interior





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Fish and Wildlife Service



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50 CFR Part 17



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

Federal Register / Vol. 74, No. 143 / Tuesday, July 28, 2009 / 
Proposed Rules

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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

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


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

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule.

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

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

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

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

SUPPLEMENTARY INFORMATION:

Public Comments

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

Background

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

[[Page 37315]]

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

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

[[Page 37317]]

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

Previous Federal Actions

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

[[Page 37318]]

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

Prudency Determination

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

Critical Habitat

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

[[Page 37319]]

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

Methods

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

Primary Constituent Elements

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

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

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

[[Page 37320]]

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

Water and Nutritional or Physiological Requirements

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

Habitats Protected from Disturbance

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

[[Page 37321]]

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

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

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

[[Page 37322]]

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

Criteria Used To Identify Critical Habitat Boundaries

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

[[Page 37323]]

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

Special Management Considerations or Protections

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

Proposed Critical Habitat Designation

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

[[Page 37324]]

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

Unit RV1: Shady Cove

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

Unit RV2: Hammel Road

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

[[Page 37325]]

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

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

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

Unit RV4: Rogue Plains

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

[[Page 37326]]

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

Unit RV5: Table Rock Terrace

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

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

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

Unit RV7: Agate Lake

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

[[Page 37327]]

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

Unit RV8: Whetstone Creek

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

Unit RV9A and B: Medford Airport

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

Unit IV1: Anderson Creek

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

[[Page 37328]]

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

Unit IV2: Draper Creek

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

Unit IV3: Reeves Creek North

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

Unit IV4: Reeves Creek East

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

Unit IV5: Reeves Creek South

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

[[Page 37329]]

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

Unit IV6A and B: Laurel Road

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

Unit IV7: Illinois River Forks State Park

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

Unit IV8: Woodcock Mountain

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

[[Page 37330]]

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

Unit IV9: Riverwash

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

Unit IV10: French Flat North

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

Unit IV11: Rough and Ready Creek

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

Unit IV12: French Flat Middle

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

Unit IV13: Indian Hill

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

[[Page 37331]]

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

Unit IV14: Waldo

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

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


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


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

[[Page 37332]]

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

Effects of Critical Habitat Designation

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

[[Page 37333]]

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

 Application of the Jeopardy and Adverse Modification Standards

Jeopardy Standard

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

Adverse Modification Standard

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

[[Page 37334]]

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

Exemptions

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

Exclusions

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

[[Page 37335]]

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

Peer Review

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

Public Hearings

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

Required Determinations

Regulatory Planning and Review

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

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

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

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

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

[[Page 37336]]

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

Takings

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

Federalism

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

Civil Justice Reform

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

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

    This rule does not contain any new collections of information that 
require approval by OMB under the Paperwork Reduction Act of 1995 (44 
U.S.C. 3501 et seq.). This rule will not impose recordkeeping or 
reporting requirements on State or local governments, individuals, 
businesses, or organizations. An agency may not conduct or sponsor, and 
a person is not required to respond to, a collection of information 
unless it displays a currently valid OMB control number.

National Environmental Policy Act (NEPA)

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

Clarity of the Rule

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

Government-to-Government Relationship with Tribes

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

Energy Supply, Distribution, or Use

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

[[Page 37337]]

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

References Cited

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

Author(s)

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

List of Subjects in 50 CFR Part 17

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

Proposed Regulation Promulgation

    Accordingly, we propose to amend part 17, subchapter B of chapter 
I, title 50 of the Code of Federal Regulations, as set forth below:

PART 17--[AMENDED]

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

    Authority:  16 U.S.C. 1361-1407; 16 U.S.C. 1531-1544; 16 U.S.C. 
4201-4245; Pub. L. 99-625, 100 Stat. 3500; unless otherwise noted.

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


Sec.  17.12  Endangered and threatened plants.

* * * * *
    (h) * * *

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

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


Sec.  17.96  Critical habitat--plants.

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

Family Apiaceae: Lomatium cookii (Cook's lomatium)

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

[[Page 37338]]

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

[[Page 37339]]

[GRAPHIC] [TIFF OMITTED] TP28JY09.000


[[Page 37340]]


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

[[Page 37341]]

[GRAPHIC] [TIFF OMITTED] TP28JY09.001


[[Page 37342]]


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

[[Page 37343]]

[GRAPHIC] [TIFF OMITTED] TP28JY09.002


[[Page 37344]]


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

[[Page 37345]]

[GRAPHIC] [TIFF OMITTED] TP28JY09.003


[[Page 37346]]


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


[[Page 37347]]


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

[[Page 37348]]

[GRAPHIC] [TIFF OMITTED] TP28JY09.005


[[Page 37349]]


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

[[Page 37350]]

[GRAPHIC] [TIFF OMITTED] TP28JY09.006


[[Page 37351]]


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

[[Page 37352]]

[GRAPHIC] [TIFF OMITTED] TP28JY09.007


[[Page 37353]]


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

[[Page 37354]]

[GRAPHIC] [TIFF OMITTED] TP28JY09.008


[[Page 37355]]


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

[[Page 37356]]

[GRAPHIC] [TIFF OMITTED] TP28JY09.009


[[Page 37357]]


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

[[Page 37358]]

[GRAPHIC] [TIFF OMITTED] TP28JY09.010


[[Page 37359]]


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

[[Page 37360]]

[GRAPHIC] [TIFF OMITTED] TP28JY09.011


[[Page 37361]]


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

[[Page 37362]]

[GRAPHIC] [TIFF OMITTED] TP28JY09.012


[[Page 37363]]


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

[[Page 37364]]

[GRAPHIC] [TIFF OMITTED] TP28JY09.013


[[Page 37365]]


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

[[Page 37366]]

[GRAPHIC] [TIFF OMITTED] TP28JY09.014


[[Page 37367]]


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

[[Page 37368]]

[GRAPHIC] [TIFF OMITTED] TP28JY09.015


[[Page 37369]]


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

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[[Page 37371]]


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

[[Page 37372]]

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[[Page 37373]]


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

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[[Page 37375]]


* * * * *

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

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

[[Page 37376]]

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[[Page 37377]]


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

[[Page 37378]]

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[[Page 37379]]


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

[[Page 37380]]

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[[Page 37381]]


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

[[Page 37382]]

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[[Page 37383]]


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

[[Page 37384]]

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[[Page 37385]]


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

[[Page 37386]]

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[[Page 37387]]


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

[[Page 37388]]

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[[Page 37389]]


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

[[Page 37390]]

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[[Page 37391]]


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

[[Page 37392]]

[GRAPHIC] [TIFF OMITTED] TP28JY09.027

* * * * *

    Dated: July 13, 2009
Jane Lyder
Deputy Assistant Secretary for Fish and Wildlife and Parks
[FR Doc. E9-17522 Filed 7-27-09; 8:45 am]
BILLING CODE 4310-55-C