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 informationwill 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. II1 to II17).

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 cooccurs 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 (broadleaved herb) in the false mermaid family (Limnanthaceae). The subspecies produces yellowishwhite 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, sparserhaired calyxes (outer flower bracts), which typically produce a single flower per pedicel (flower stalk) (KalinArroyo 1973, p. 188; USFWS 2006, pp. II1II3). 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 poolmounded prairie habitat (rainfed seasonal wetlands in prairie characterized by gentle moundswale topography) (KalinArroyo 1973, p. 188; ONHP 1997, p. 4; USFWS 2006, pp. II1II3).

Lomatium cookii, commonly known as Cook's lomatium or Cook's desert parsley, is a perennial, taprooted forb in the parsley family (Apiaceae) that produces lightyellow 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. 7374; USFWS 2006, pp. II15II17). Lomatium cookii is associated with vernal poolmounded prairie habitat, but also occurs in seasonally wet meadow habitat in forest openings (ONHDB 1994, pp. 910).

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. 21; 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 poolmounded 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. 1415). In areas north and northwest of Medford, the vicinity of White City, and north along lowelevation plains, L. f. ssp. grandiflora and Lomatium cookii occur on alluvial soils, primarily mapped as AgateWinlo complex soils, but also occasionally on mapped Coker clay and ProvigAgate 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 (grasslike plants), including Alopecurus geniculatus (water foxtail), Deschampsia danthonioides (slender hairgrass), Eryngium petiolatum (Oregon coyote thistle), Trifolium depauperatum (poverty clover), Myosurus minimus (tiny mousetail), Navarretia leucocephala ssp. leucocephala (whitehead navarretia), Lasthenia californica (California goldfields), Phlox gracilis (slender phlox), Plagiobothrys bracteatus (bracted popcornflower), and Triteleia hyacinthina (white brodiaea) (OSU 2007); USFWS 2006, p. II6). 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 cookiioccupied soil types originate from streamfed alluvium covering sedimentary or ultramafic rocks (ONHDB 1994, pp. 910). 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 nonultramafic sources, while Brockman soil and most others types originate from ultramafic parent material (Silvernail and Meinke 2008, pp. 910).

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 (subflower groups) per umbel, and number of staminate flowers (male flowers) per peripheral and central umbellet (Silvernail and Meinke 2008, pp. 3031).

In the Illinois River Valley, Lomatium cookii is known from six general areas along a 29km (18mi) 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 oakconifer forested meadows, streambanks, or
[[Page 37316]]
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 garryanaQuercus kelloggiiPinus ponderosa (Oregon white oakCalifornia black oakponderosa 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 InternationalMedford 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 InternationalMedford Airport and an area in east White City in Jackson County.

The two species cooccur in three general areas in Jackson County: (1) the vicinity of the Rogue InternationalMedford 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 InternationalMedford 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. 1625). 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 InternationalMedford 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. 148; 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; offroad 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. 1112).

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 caputmedusae (medusahead). Hordeum marinum ssp. gussoneanum encroaches on microhabitats occupied by both species, but T. caputmedusae 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. 13).

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 (overshading), 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 longterm 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. 1625). The causes are not specifically known but appear to be due to encroachment and overshading 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., 07CV2378 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 poolmounded 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. IV13IV14) 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 lifecycle 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. 106554; 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 peerreviewed 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 (20072008), 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 poolmounded prairie and other ephemeral wetland habitats underlain by relatively undisturbed subsoils subject to periodic inundation (Borgias 2004, pp. 1720; ONHDB 1994, pp. 910). In the Agate Desert, both species occur in lowgradient mounded habitat that supports a mosaic of lowgrowing 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 poolmounded 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 poolmounded 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. 910). These seasonally wet meadows, occurring within Quercus garryanaQuercus kelloggiiPinus 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 lowgradient 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 AgateWinlo 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 AgateWinlo or ProvigAgate soils. Soils in the Illinois River Valley occupied by Lomatium cookii may be Abegg gravelly loam, Brockman clay loam, Copsey clay, CornuttDubakel 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, SpeakerJosephine 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. 169179). 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 nonfragmented 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 poolmounded 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 12ha (30ac) 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 caputmedusae (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 lifehistory 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:

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:

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. 165), 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 peerreviewed 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 longterm 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 wellestablished 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 poolmounded 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 (U

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 5032316179; facsimile 5032316195). If you use a telecommunications device for the deaf (TDD), call the Federal Information Relay Service (FIRS) at 800 8778339.