Endangered and Threatened Wildlife and Plants; Proposed Designation of Critical Habitat for Limnanthes floccosa, 37314-37392 [E9-17522]

Agencies

• Fish and Wildlife Service
• DEPARTMENT OF THE INTERIOR

[Federal Register Volume 74, Number 143 (Tuesday, July 28, 2009)]
[Proposed Rules]
[Pages 37314-37392]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-17522]



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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: https://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 https://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 https://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 https://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 https://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 https://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

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

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

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

Previous Federal Actions

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

[[Page 37318]]

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

Prudency Determination

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

Critical Habitat

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

[[Page 37319]]

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

Methods

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

Primary Constituent Elements

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

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

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

[[Page 37320]]

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

Water and Nutritional or Physiological Requirements

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

Habitats Protected from Disturbance

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

[[Page 37321]]

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

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

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

[[Page 37322]]

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

Criteria Used To Identify Critical Habitat Boundaries

    As required by section 4(b)(1)(A) of the Act, we used the best 
scientific data available in determining areas that contain the 
features that are essential to the conservation of Limnanthes floccosa 
ssp. grandiflora and Lomatium cookii. The steps we used in identifying 
critical habitat are as follows:
    (1) Our initial step was to determine, in accordance with section 
3(5)(A)(i) of the Act and regulations in 50 CFR 424.12, the physical 
and biological habitat features (the, PCEs) essential to the 
conservation of the species as explained in the previous section.
    (2) We identified areas occupied by Limnanthes floccosa ssp. 
grandiflora and Lomatium cookii at the time of listing. Occupancy 
status was determined using occurrence data from the ONHIC database 
(ONHIC 2008), Medford BLM records (BLM 2005), a recent L. f. ssp. 
grandiflora status report (Meyers 2008, pp. 1-65), Service staff 
reports, data in reports submitted during section 7 consultations and 
by biologists holding section 10(a)(1)(A) recovery permits, research 
published in peer-reviewed articles, research presented in academic 
theses and agency reports, regional GIS coverages, and the OSU 
herbarium record database (OSU 2007). We determined occupancy at the 
time of listing by comparing survey and collection information and 
descriptions of occupied areas in the final listing rule published in 
the Federal Register on November 7, 2002 (67 FR 68004). At