# 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)

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URL: https://www.frixlaw.com/law-library/documents/fr%3AE9-17522

## Record

- **Collection:** Federal Register
- **Document type:** Proposed Rule
- **Published:** July 28, 2009
- **Citation:** 74 FR 37314

## Text

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.

SUMMARY:

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

DATES:

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

ADDRESSES:

You may submit comments and materials concerning this proposal by one of the following methods:

•
Federal eRulemaking Portal:
http://www.regulations.gov
. Follow the instructions for submitting comments to Docket No. FWS-R1-ES-2009-0046.

• U.S. mail or hand-delivery: Public Comments Processing, Attn: Docket No. FWS-R1-ES-2009-0046; Division of Policy and Directives Management; U.S. Fish and Wildlife Service; 4401 N. Fairfax Drive, Suite 222; Arlington, VA 22203.

We will post all comments on
http://www.regulations.gov
. This generally means that we will post any personal information you provide us (see the
Public Comments
section below for more information).

FOR FURTHER INFORMATION CONTACT:

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

SUPPLEMENTARY INFORMATION:

Public Comments

We intend that any final action resulting from this proposal will be as accurate and as effective as possible. Therefore, comments or suggestions from the public, other concerned governmental agencies, the scientific community, industry, or any other interested party concerning this proposed rule are hereby solicited. We particularly seek comments concerning:

(1) The reasons why we should or should not designate areas as “critical habitat” under section 4 of the Act (16 U.S.C. 1531
et seq.
), including whether there are threats to
Limnanthes floccosa
ssp.
grandiflora
and
Lomatium cookii
from human activity, the degree of which can be expected to increase due to the designation, and whether the benefit of designation would outweigh threats to the species caused by the designation, such that the designation of critical habitat is prudent.

(2) Specific information on:

• The amount and distribution of habitat for the species included in this proposed rule;

• What areas occupied at the time of listing, and that contain physical and biological features essential for the conservation of the species, we should include and why;

• What areas not occupied at the time of listing that are essential to the conservation of the species we should include and why; and

• Special management considerations or protection that the proposed critical habitat may require.

(3) Specific information on
Limnanthes floccosa
ssp.
grandiflora
and
Lomatium cookii
and the habitat components (physical and biological features) essential to the conservation of these species, such as soil moisture gradient, microsite preferences, and light requirements.

(4) Any information on the biological or ecological requirements of these species.

(5) Land-use designations and current or planned activities in areas occupied by the species, and their possible impacts on the species and the proposed critical habitat.

(6) Any foreseeable economic, national security, or other potential impacts resulting from the proposed designation and, in particular, any impacts on small entities and the benefits of including or excluding areas that are subject to these impacts.

(7) Whether the benefits of excluding any particular area from critical habitat outweigh the benefits of including that area as critical habitat under section 4(b)(2) of the Act, after considering the potential impacts and benefits of the proposed critical habitat designation.

(8) Whether our approach to designating critical habitat could be improved or modified in any way to provide for greater public participation and understanding, or to assist us in accommodating public concerns and comments.

You may submit your comments and materials concerning this proposed rule by one of the methods listed in the
ADDRESSES
section. If you submit a comment via
http://www.regulations.gov
, your entire comment—including any personal identifying information—will be posted on the website. If you submit a hardcopy comment that includes personal identifying information, you may request at the top of your document that we withhold this information from public review. However, we cannot guarantee that we will be able to do so. We will post all hardcopy comments on
http://www.regulations.gov
.

Comments and materials we receive, as well as supporting documentation we used in preparing this proposed rule, will be available for public inspection at
http://www.regulations.gov
, or by appointment, during normal business hours, at the U.S. Fish and Wildlife Service, Oregon Fish and Wildlife Office (see
FOR FURTHER INFORMATION CONTACT
).

You may obtain copies of the proposed rule by mail from the Oregon Fish and Wildlife Office (see
FOR FURTHER INFORMATION CONTACT
) or by visiting the
Federal eRulemaking Portal
at
http://www.regulations.gov
.

Background

Species Information

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

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

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,

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

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

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

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

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

vernal pool complexes within the greater watershed. The associated features may include the pool basin and ephemeral wetlands; an intact hardpan subsoil underlying the surface soils up to 0.75 m (2.5 ft) in depth; and surrounding uplands, including mound topography and other geographic and edaphic features that support systems of hydrologically interconnected pools and other ephemeral wetlands (which may vary in extent depending on site-specific characteristics of pool size and depth, soil type, and hardpan depth).

(2) (B) In the Illinois Valley, the hydrologically and ecologically functional system of streams, slopes and wooded systems that surround and maintain seasonally wet alluvial meadows underlain by relatively undisturbed ultramafic soils within the greater watershed.

(3) (A) In the Agate Desert, silt, loam, and clay soils that are of ultramafic and nonultramafic alluvial origin, with a 0 to 3 percent slope, classified as Agate-Winlo or Provig-Agate soils.

(3) (B) In the Illinois Valley, silt, loam, and clay soils that are of ultramafic and nonultramafic alluvial origin, with a 0 to 30 percent slope, classified as Abegg gravelly loam, Brockman clay loam, Copsey clay, Cornutt-Dubakel complex, Dumps, Eightlar extremely stony clay, Evans loam, Foehlin gravelly loam, Josephine gravelly loam, Kerby loam, Newberg fine sandy loam, Pearsoll-Rock outcrop complex, Pollard loam, Riverwash, Speaker-Josephine gravelly loam, Takilma cobbly loam, or Takilma Variant extremely cobbly loam.

(4) No or negligible presence of competitive nonnative invasive plant species. Negligible is defined for the purpose of this rulemaking as a minimal level of nonnative plant species that will still allow
Lomatium cookii
to continue to survive and recover.

The need for space for individual and population growth, germination, seed dispersal, and reproduction is provided by PCEs 1 and 4; the need for soil moisture for growth, germination, reproduction, and seed dispersal is provided by PCE 2 (but not necessarily every year); the need for other nutritional or physiological requirements for the species is met by PCE 3; habitat free from disturbance that allows for sufficient reproduction and survival opportunities is provided by PCEs 1 and 4. All of the above described PCEs do not have to occur simultaneously within a unit for the unit to constitute critical habitat for
Lomatium cookii
.

This proposed designation includes the PCEs in the appropriate quantity and spatial arrangement necessary to support the life history functions of
Limnanthes floccosa
ssp.
grandiflora
and
Lomatium cookii
and are essential to the conservation of these species. Each of the areas proposed in this rule has been determined to contain sufficient PCEs to provide for one or more of the life history functions of
L. f.
ssp
. grandiflora
and
Lomatium cookii
. All of the above described PCEs do not have to occur simultaneously within a unit for the unit to constitute critical habitat.

Criteria Used To Identify Critical Habitat Boundaries

As required by section 4(b)(1)(A) of the Act, we used the best scientific data available in determining areas that contain the features that are essential to the conservation of
Limnanthes floccosa
ssp.
grandiflora
and
Lomatium cookii
. The steps we used in identifying critical habitat are as follows:

(1) Our initial step was to determine, in accordance with section 3(5)(A)(i) of the Act and regulations in 50 CFR 424.12, the physical and biological habitat features (the, PCEs) essential to the conservation of the species as explained in the previous section.

(2) We identified areas occupied by
Limnanthes floccosa
ssp.
grandiflora
and
Lomatium cookii
at the time of listing. Occupancy status was determined using occurrence data from the ONHIC database (ONHIC 2008), Medford BLM records (BLM 2005), a recent
L. f.
ssp.
grandiflora
status report (Meyers 2008, pp. 1-65), Service staff reports, data in reports submitted during section 7 consultations and by biologists holding section 10(a)(1)(A) recovery permits, research published in peer-reviewed articles, research presented in academic theses and agency reports, regional GIS coverages, and the OSU herbarium record database (OSU 2007). We determined occupancy at the time of listing by comparing survey and collection information and descriptions of occupied areas in the final listing rule published in the
Federal Register
on November 7, 2002 (67 FR 68004). At the time of the 2002 listing, 15 occurrences (sites) were known for
L. f.
ssp.
grandiflora
and 36 occurrences (sites) were known for
Lomatium cookii
(67 FR 68004).

Since the final listing rule was published, we have become aware of additional areas that we have determined were occupied at the time of listing. Two such areas were known at the time of listing, but at that time the species were thought to have been extirpated from those sites. First identified in 1937, the two areas had no exact location information (OSU 2007). Attempts were made to relocate the occurrences, but these attempts were unsuccessful. However, in 2005, the two areas were again found and each was occupied by a large number of
Lomatium cookii
plants. In addition, one other site occupied by
Lomatium cookii
was first identified in 2005, 3 years after the listing. Although we were not aware of this occupied area at the time of listing, it contained a large number of individual
Lomatium cookii
plants, relative to other occupied locations.

We conclude that for all such areas observed within 3 years of listing, it is highly unlikely that such large populations would have only just become established subsequent to the listing of the species. Based on long-term monitoring data, populations of such large size are generally reflective of robust populations that have persisted over the long term. Therefore, if a site was recorded within 3 years after the listing of the species (between 2002 and 2005), and the population at that site was so large that it must have been well-established and occupied for many years, we considered that area to have been occupied at the time of listing, because the evidence supports the site having been occupied but simply not yet recorded at the time of listing, or we had not been successful in relocating those sites that had been documented earlier.

Although various new occurrences have been identified since the time of listing in 2002, only three occurrences of
Lomatium cookii
correspond to new areas identified between the time of listing in 2002 and the year 2005 that we consider to have been occupied at the time of listing. Currently, we know of 22 documented occurrences of
Limnanthes floccosa
ssp.
grandiflora
and 37 documented occurrences of
Lomatium cookii
that correspond to a total of 25 areas we consider to have been occupied at the time of listing. Note that multiple occurrences may comprise a single occupied area; hence, there will be a greater number of occurrences than of occupied areas.

(3) We then considered areas identified as priority 1 and 2 recovery core areas in the draft recovery plan for the two species (USFWS 2006) to determine which areas contain the PCEs in the amount and spatial configuration essential to the conservation of the species. Most areas identified as priority 1 and 2 recovery areas in the draft recovery plan were incorporated into the proposed designation. The one exception is a site at the Medford Airport that was identified as a recovery area for
Limnanthes floccosa
ssp

.

grandiflora

in the draft recovery plan, but that site did not meet the size and quality criteria for critical habitat, as described below, and thus was not included in the proposed designation.

(4) We removed any nonfunctional vernal pool-mounded prairie or meadow habitat that was developed or degraded (not likely to contain PCEs) to ensure proposed critical habitat contains features essential to the conservation of each of the species (USDA 2006; ESA 2007, pp. 3-2 to 3-11). We also did not consider any areas of vernal pool-mounded prairie or meadows containing 10 or fewer reported individuals, as populations of this size could by chance, become extirpated due to:

(i) random natural events,

(ii) year-to-year variability in climate patterns, and

(iii) accidental human-influenced causes.

Furthermore, populations with 10 individuals or fewer could harbor detrimental genes caused by inbreeding depression. We considered populations of such small size as not likely to occur in habitats that provide the physical or biological features necessary to support populations capable of persisting for the long term, thus such areas would not be essential to the conservation of the two species.

(5) As a final step, we considered whether each of the areas identified may need special management considerations or protections. Our consideration of this factor is presented below.

Based on this analysis, we are proposing to designate 25 units as critical habitat for the two species: 8 for
Limnanthes floccosa
ssp.
grandiflora
and 17 for
Lomatium cookii
. Two of the 25 units are shared by both species. After applying the above criteria, we mapped the critical habitat unit boundaries at each of these 25 areas. We created maps using aerial imagery, 7.5 minute topographic maps, and GIS contour data. We used publicly available satellite imagery, for example, from the National Agriculture Imagery Program (USDA 2006) to assist in identifying areas that would provide the essential physical and biological features for the species, using digital habitat signatures.

In addition, based on aerial imagery, we made every effort to avoid including such developed areas as buildings, paved areas, and other structures that lack the PCEs for
Limnanthes floccosa
ssp.
grandiflora
and
Lomatium cookii
within the mapped boundaries of the proposed critical habitat. We combined the polygon data with information from aerial photos to determine the proposed critical habitat unit boundaries of each site. The scale of the maps prepared under the parameters for publication within the Code of Federal Regulations may not reflect the exclusion of such developed areas. Any such structures and the land under them inadvertently left inside critical habitat boundaries shown on the maps of this proposed rule have been excluded by text in the proposed rule and are not proposed for designation as critical habitat. Therefore, Federal actions limited to these areas would not trigger section 7 consultation, unless they affect the species, or primary constituent elements, or both, in adjacent critical habitat.

Special Management Considerations or Protections

The term critical habitat is defined in section 3(5)(A) of the Act, in part, as geographic areas on which are found those physical or biological features essential to the conservation of the species and “which may require special management considerations or protection.” Accordingly, in identifying critical habitat in occupied areas, we assess whether the PCEs within the areas determined to be occupied at the time of listing may require any special management considerations or protection. All areas being proposed as critical habitat require some level of management to address current and future threats to
Limnanthes floccosa
ssp.
grandiflora
and
Lomatium cookii
, to maintain or enhance the physical and biological features essential to their conservation, and to ensure the recovery and survival of these species.

The major threats to the PCEs in the areas identified as proposed critical habitat for
Limnanthes floccosa
ssp.
grandiflora
and
Lomatium cookii
include: development on private lands; incompatible agricultural and grazing practices; ground disturbance that affects surface hydrology, including ORV use and road construction or maintenance activities; mining activities; garbage dumping; the succession of meadow habitat to forested habitat due to fire suppression; and encroachment and displacement by nonnative plants. Herbivory by voles and gophers may also affect these species. In all of the proposed units in Jackson County, special management is needed to reduce or eradicate the threats posed by development, habitat fragmentation, ground disturbance that affects surface hydrology, and incompatible grazing practices. In all of the proposed units in Josephine County, special management is needed to reduce or eradicate the threats posed by development, ORV, mining activities, garbage dumping, and woody vegetative succession. Please refer to the unit descriptions in the
Proposed Critical Habitat Designation
section for further discussion of special management considerations or protection of the PCEs related to geographically specific threats to
L. f.
ssp.
grandiflora
and
Lomatium cookii
.

In addition, for all units, special management is needed to control and monitor the encroachment of nonnative, invasive plant species to maintain intact vernal pool-mounded prairies and wet meadow ecosystems such that they can continue to support populations of
Limnanthes floccosa
ssp.
grandiflora
and
Lomatium cookii
.

Special management considerations or protection of the vernal pool-mounded prairies and wet meadow habitats that may be needed to support reproduction and growth of
Limnanthes floccosa
ssp.
grandiflora
and
Lomatium cookii
include: controlled burning and vegetation clearing to maintain early seral stages; nonnative invasive plant species control; grazing management; the re-establishment of hydrology; re-seeding with native plants; monitoring; and protection from development (Borgias 2004, pp. 47-53; ONHDB 1994, pp. 13-20).

Proposed Critical Habitat Designation

The areas we are proposing as critical habitat currently provide the habitat components necessary to meet the primary biological needs of
Limnanthes floccosa
ssp.
grandiflora
and
Lomatium cookii
, as defined by the PCEs. The areas proposed for designation are those areas that we have determined are most likely to substantially contribute to conservation of
L. f.
ssp.
grandiflora
and
Lomatium cookii
and to contribute to the long-term survival and recovery of the species.

We have determined that 25 units totaling approximately 4,467 ha (11,038 ac) meet our definition of critical habitat for
Limnanthes floccosa
ssp.
grandiflora
and
Lomatium cookii
, including land under Federal, State, county, municipal, and private ownership. We are proposing 8 units of critical habitat for
L. f.
ssp
. grandiflora
and 17 units for
Lomatium cookii
; two of these units, White City and Whetstone Creek in Jackson County, contain habitat for both species (see Tables 1, 2, 3, and unit descriptions below). The critical habitat areas described below constitute our best current assessment of areas that meet the definition of critical habitat for
L. f.
ssp.
grandiflora
and
Lomatium cookii
. We have determined that all

areas proposed as critical habitat for
L. f.
ssp.
grandiflora
and
Lomatium cookii
were occupied at the time of listing and most are, we believe, currently occupied as well (recent survey information was not available for all sites).

The areas proposed as critical habitat for
Limnanthes floccosa
ssp.
grandiflora
are: (1) Unit RV1—Shady Cove; (2) Unit RV2—Hammel Road; (3) Unit RV3A, B, C, and D—North Eagle Point; (4) Unit RV4—Rogue Plains; (5) Unit RV5—Table Rock Terrace; (6) Unit RV6A, B, C, D, E, F, G, and H—White City; (7) Unit RV7— Agate Lake; and (8) Unit RV8—Whetstone Creek. Units coded with “RV” are in the Rogue Valley (Agate Desert), Jackson County.

The areas proposed as critical habitat for
Lomatium cookii
are: (1) Unit RV6A, F, G, and H—White City; (2) Unit RV8—Whetstone Creek; (3) Unit RV9A and B—Medford Airport; (4) Unit IV1—Anderson Creek; (5) Unit IV2—Draper Creek; (6) Unit IV3—Reeves Creek North; (7) Unit IV4—Reeves Creek East; (8); Unit IV5—Reeves Creek South; (9); Unit IV6A and B—Laurel Road; (10) Unit IV7—Illinois River Forks State Park; (11) Unit IV8—Woodcock Mountain; (12) Unit IV9—Riverwash; (13) Unit IV10—French Flat North; (14) Unit IV11—Rough and Ready Creek; (15) Unit IV12—French Flat Middle; (16) Unit IV13—Indian Hill; and (17) Unit IV14—Waldo. Units coded with “IV” are in the Illinois River Valley, Josephine County.

The approximate area and land ownership of each proposed critical habitat unit is shown in Tables 1, 2, and 3. Portions of units or entire units roughly correspond to the recovery core areas for each species as identified in the 2006 draft recovery plan (USFWS 2006). The recovery core areas were selected based on occurrence records and habitat identified through ground surveys, aerial imagery, topography features, and soil layers. As described above, we assessed all areas proposed as critical habitat to ensure that they provide the requisite PCEs for the species as defined in this proposed rule.

We conducted a regional review across the range of
Limnanthes floccosa
ssp.
grandiflora
and
Lomatium cookii
to evaluate and select vernal pool-mounded prairie and seasonally wet meadow habitats that provide the physical and biological features essential to the conservation of the species and that may require special management considerations or protection. Important factors we considered were the known presence of
L. f.
ssp.
grandiflora
and
Lomatium cookii
(populations greater than 10 individuals) and the presence of intact vernal pools, vernal pool complexes, open meadows, and meadow complexes supporting the hydrological characteristics necessary to provide the PCEs essential to the conservation of the two species. We identified vernal pool-mounded prairie and wet meadow complexes throughout the range of these species, which support high numbers of
L. f.
ssp.
grandiflora
and
Lomatium cookii
occurrences from the ONHIC database (2008) and reports (Meyers 2008, pp. 1-65; Kaye and Thorpe 2008, pp.16-25; ONHIC 2008; Service database 2008). However, as is the case with all critical habitat designations, areas outside of this designation may still prove to be necessary to the recovery of this species. A description of each area is outlined below.

Area 1: Jackson County, Oregon

In Jackson County, we are proposing eight critical habitat units for
Limnanthes floccosa
ssp.
grandiflora
and three critical habitat units for
Lomatium cookii
. The Jackson County units occur approximately 58 km (30 mi) east of the nearest unit proposed for
Lomatium cookii
species in Josephine County. All proposed critical habitat units in Jackson County are located within the Middle Rogue River Basin or “Agate Desert.” Two units, White City and Whetstone Creek, are occupied by both species.

Unit RV1: Shady Cove

We are proposing to designate Unit RV1 as critical habitat for
Limnanthes floccosa
ssp.
grandiflora
. Unit RV1 consists of approximately 8 ha (20 ac) of intact vernal pool-mounded prairie and was occupied by the species at the time of listing (ONHIC 2008). We have no current information regarding the status of this population but consider the plant to be extant within the unit, as we have no information indicating any activities have occurred that likely would have resulted in extirpation. Unit RV1 contains all of the PCEs for
L. f.
ssp.
grandiflora
and was identified in the draft recovery plan as the Shady Cove recovery core area (USFWS 2006, pp. IV-12-IV-13). This unit was not designated as vernal pool fairy shrimp critical habitat. It parallels a 430 m (ft) stretch of Highway 62 and is located 460 m (1,500 ft) west of Highway 62. The unit is 0.8 km (0.5 mi) south of Shady Cove, 1.3 km (0.8 mi) northeast of Takelma Park, and is 122 m (400 ft) east of the Rogue River. The unit is occurs on privately owned land. Aerial imagery indicates that the unit is composed of intact vernal pool-mounded prairie habitat (USDA 2006).

ONHIC database records make no mention of any ongoing threats to the
Limnanthes floccosa
ssp.
grandiflora
population within the unit; however, the occurrence information mentions that the adjacent habitat to the south had been leveled, indicating that agricultural development is occurring in the area (ONHIC 2008). The unit occurs in an area of predominant agricultural and grazing use (Borgias 2004, p. 8). Practices that could occur on the property that might negatively affect
L. f.
ssp.
grandiflora
habitat, if not properly managed, include water impoundment, tilling, and grazing. We are not aware of any conservation agreements or management plans to conserve
L. f.
ssp.
grandiflora
habitat within this unit. Special management considerations or protection may be required to restore, protect, and maintain the PCEs supported by Unit RV1 due to threats from agricultural development, potential incompatible grazing practices, and the encroachment of invasive, nonnative, annual plant species.

Unit RV2: Hammel Road

We are proposing to designate Unit RV2 as critical habitat for
Limnanthes floccosa
ssp.
grandiflora
. Unit RV2 consists of approximately 84 ha (207 ac) of intact vernal pool-mounded prairie. The unit is currently occupied by
L. f.
ssp.
grandiflora
and was occupied at the time of listing (ONHIC 2008). This critical habitat unit contains all of the PCEs for
L. f.
ssp.
grandiflora
and was identified as the Staley Road recovery core area in the draft recovery plan (USFWS 2006, pp. IV-12-IV-13). This unit is also designated as vernal pool fairy shrimp critical habitat and corresponds to vernal pool fairy shrimp critical habitat subunit 1A (North Agate Desert Unit) (71 FR 7117). It is located on privately owned land, 1.2 km (0.75 mi) northeast of the confluence of Reese Creek and the Rogue River, 1.3 km (0.8 mi) west of Highway 62, and 430 m (1,400 ft) east of the Rogue River.

A recent observation indicates that approximately 1,500
L. f.
ssp.
grandiflora
are present on the unit (Meyers 2008, p. 6). Aerial imagery and field observations indicate that the unit is comprised of intact vernal pool-mounded prairie habitat (USDA 2006a; Meyers 2008, p. 6).

ONHIC database (2008) records indicate that light grazing occurs within this unit, and the grazing practices appear to have been compatible with the survival of
Limnanthes floccosa
ssp.
grandiflora
over the past 13 years. We are not aware of any conservation agreements or plans to protect
L. f.
ssp.

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

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

We are proposing to designate Unit RV3 as critical habitat for
Limnanthes floccosa
ssp.
grandiflora
. The unit consists of four subunits totaling 539 ha (1,331 ac) of intact vernal pool habitat that is currently occupied by the species and was occupied at the time of listing (ONHIC 2008). This critical habitat unit contains all of the PCEs for
L. f.
ssp.
grandiflora
and was identified as the North Eagle Point recovery core area in the draft recovery plan (USFWS 2006, pp. IV-12-IV-13). Unit RV3 is also designated as vernal pool fairy shrimp critical habitat and corresponds to vernal pool fairy shrimp critical habitat subunits 1B, D, and G (North Agate Desert Unit) (71 FR 7117). The unit is located on privately owned land southwest of Mosser Mountain and northeast of Long Mountain. The four subunits loosely follow a 6.9 km (4.3 mi) stretch of Hog Creek beginning at its origin. Originating 3.8 km (2.4 mi) east of Highway 62 in subunit RV3D, Hog Creek runs through RV3C, crosses Highway 62, flows between RV3B (located 100 m (328 ft) west of Highway 62) and RV3A (located 600 m (1,970 ft) west of Highway 62), before emptying into the Rogue River after 2.4 km (1.5 mi). Subunit RV3A is located 560 m (1,837 ft) southeast of the confluence of Reese Creek and the Rogue River. Subunit RV3B is located 100 m (328 ft) west of Highway 62 at the intersection of Ball Road and extends along an 835 m (2,740 ft) stretch of Hog Creek. Subunit RV3C is located 2 km (1.2 mi) north of Eagle Point (see Index map) and extends 2.6 km (1.6 mi) south of the junction of Ball Road and Reese Creek Road. Subunit RV3D is located 3.2 km (2 mi) east of Long Mountain and is 2.4 km (1.5 mi) southeast of the junction of Highway 62 and Ball Road. It extends along a 1.8 km (1.1 mi) stretch of Hog Creek.

ONHIC Element Occurrence data accounts for two 1,000-plant
Limnanthes floccosa
ssp.
grandiflora
populations within this unit, one growing in an area of intact vernal pool-mounded prairie habitat and one in an atypical swale habitat alongside a fence. An additional 500
L. f.
ssp.
grandiflora
plants growing in intact vernal pool-mounded prairie habitat on a separate property within the unit was reported by Wildlands, Inc. (Wildlands, Inc. 2008, p. 3). Aerial imagery indicates that the unit contains a significant amount of intact vernal pool-mounded prairie habitat (USDA 2006a).

Some habitat in this unit has been degraded by cattle grazing practices and agricultural development (Wildlands, Inc. 2008, p. 1). The entire unit occurs in an area of predominant agricultural and grazing use (Borgias 2004, p. 8). Livestock have caused significant damage to large vernal pools within the unit by soil compaction and mound and pool topography alteration (Oregon Natural Heritage Program (ONHP) 1997, p. 16). In addition, vernal pool hydrology has been compromised in some portions of the unit by water impoundment, causing water to permanently fill some vernal pools in several areas (Southern Oregon Land Conservancy 2008, p. 3). In addition, nonnative invasive annual grasses have colonized large portions of the unit and threaten to encroach on
Limnanthes floccosa
ssp.
grandiflora
populations (Southern Oregon Land Conservancy 2008, p. 4).

There are established protective measures to conserve
Limnanthes floccosa
ssp.
grandiflora
and the habitat of the threatened vernal pool fairy shrimp on two private properties within this unit. Long-term management plans are in development for both of the properties to protect and restore vernal pool-mounded prairie function; these plans will cover approximately 20 percent of the land in the unit. Monitoring and improved grazing management are currently taking place on the two properties to further conserve
L. f.
ssp.
grandiflora
habitat (M. Young, pers. comm. 2009; Southern Oregon Land Conservancy 2008, p. 6). Other special management considerations or protection on other properties within the unit may be required to restore, protect, and maintain the PCEs supported by Unit RV3 due to threats from agricultural development, potential incompatible grazing practices, and the encroachment of invasive, nonnative, annual grasses.

Unit RV4: Rogue Plains

We are proposing to designate Unit RV4 as critical habitat for
Limnanthes floccosa
ssp.
grandiflora
. This unit consists of 245 ha (605 ac) of intact vernal pool-mounded prairie habitat that is currently occupied by the species and was occupied at the time of listing (ONHIC 2008; Meyers 2008, p. 10). This critical habitat unit contains all of the PCEs for
L. f. ssp. grandiflora
and was identified as the Rogue Plains recovery core area in the draft recovery plan (USFWS 2006, pp. IV-12-IV-13). Unit RV4 has been designated as critical habitat for vernal pool fairy shrimp and corresponds to vernal pool fairy shrimp critical habitat subunits 1C, E, and F (North Agate Desert Unit) (71 FR 7117). The unit occurs on privately owned land located 122 m (400 ft) southeast of the junction of Highway 234 and Modoc Road. It extends 2 km (1.2 mi) south along Modoc Road from the intersection, is located 1.4 km (0.87 mi) southwest of Dodge Bridge, and 1.0 km (0.6 mi) northwest of Rattlesnake Rapids on the Rogue River.

A recent
Limnanthes floccosa
ssp.
grandiflora
survey report within Unit RV4 describes a robust 5,000-plant population occurring at the privately owned “Rogue River Plains Preserve.” The report also describes a
L. f.
ssp.
grandiflora
occurrence from which the species appears to have been extirpated (Meyers 2008, pp. 10, 55). For the most part, aerial imagery and field observations indicate that the unit is composed of intact vernal pool-mounded prairie habitat (USDA 2006a; Meyers 2008, p. 6).

Some habitat within this unit appears to have been degraded (Meyers 2008, p. 55), however, the winter and spring grazing presently occurring at the Rogue River Plains Preserve property appears to be compatible with the survival of
Limnanthes floccosa
ssp.
grandiflora
(Borgias 2004, p. 42). A photograph attached to a recent survey report depicts weakly developed vernal-pool mounded prairie topography at the property. At the site of the extirpated
L. f.
ssp.
grandiflora
location within the unit, incompatible grazing practices may have contributed to the local extirpation of the species.

Threats facing vernal-pool mounded prairie habitat in this unit are agricultural development, incompatible grazing practices, and the encroachment of invasive, nonnative, annual grasses. A conservation easement, held by TNC and placed on the privately owned Rogue River Plains Preserve property, permits the landowners to continue restricted grazing on their property, while development and agricultural development rights are withdrawn. Other special management considerations or protection on other properties within the unit may be needed to restore, protect, and maintain

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

Unit RV5: Table Rock Terrace

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

Threats facing vernal-pool mounded prairie habitat in this unit may include agricultural development, incompatible grazing practices, and the encroachment of invasive, nonnative, annual grasses. Other special management considerations or protection within the unit may be needed to restore, protect, and maintain the PCEs supported by Unit RV5 due to these threats.

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

This unit consists of eight subunits that generally encompass the perimeter of White City. We are proposing to designate all subunits in this unit as critical habitat for
Limnanthes floccosa
ssp.
grandiflora.
In addition, we are proposing to designate subunits RV6 A, F, G, and H as critical habitat for
Lomatium cookii
. This 848-ha (2,095-ac) unit includes intact vernal pool-mounded prairie and swale habitats that were occupied by the two species at the time of listing; both species presently occur within some or all of the subunits. This critical habitat unit contains all of the PCEs for
L. f.
ssp
. grandiflora
and
Lomatium cookii
and was identified as the Agate Desert recovery core area in the draft recovery plan (USFWS 2006, pp. IV-12-IV-13). Unit RV6 is also designated as vernal pool fairy shrimp critical habitat and corresponds to vernal pool fairy shrimp critical habitat subunits 2A, B, C, D, and E and 3A and B (White City East and West Units) (71 FR 7117; February 10, 2006). The unit occurs on State, county, municipal and privately owned lands. It is located around White City, is 1.6 km (1.0 mi) southwest of Eagle Point, and is 440 m (1,444 ft) southeast of the confluence of the Rogue River and Little Butte Creek. Subunit RV6A is located north of Whetstone Creek and is 500 m (1,200 ft) west of the junction of Highway 62 and Antelope Road. Subunits RV6B, RV6C, RV6D and RV6E are located north of Avenue G in White City, south of Little Butte Creek, and 670 m (2,200 ft) southwest of Antelope Creek. Subunits RV6F and RV6G are located approximately 500 feet west of Dry Creek and are east of Highway 62 in White City. Subunit RV6H is located north of Whetstone Creek and south of Antelope Road. Subunit RV6H roughly encircles the Hoover Ponds, east of Highway 62, and is 850 m (2790 ft) east of subunit RV6A. The land in this unit is 29 percent State-owned, 6 percent county-owned, 10 percent municipally owned, and 55 percent privately owned.

This unit includes highly intact vernal pool-mounded prairie habitat. The Nature Conservancy manages a 22-ha (54-ac) parcel within this unit to conserve vernal pool-mounded prairie habitat and has recently developed a management plan to restore and enhance vernal pool function across 86 ha (213 ac) of habitat owned by the Oregon Department of Fish and Wildlife's (ODFW) Denman Wildlife Area. A mitigation site owned by Jackson County School District Number 9 protects 9.5 ha (24 ac) of intact vernal pool-mounded prairie habitat with one of the largest known populations of
Limnanthes floccosa
ssp.
grandiflora
. The City of Medford also leases 88 ha (217 ac) of vernal pool-mounded prairie for cattle grazing on some less intact vernal-pool mounded prairie habitat. In addition, the Oregon Department of Transportation (ODOT) manages two locations as roadside special management areas for the protection of
L. f.
ssp.
grandiflora
and
Lomatium cookii
.

Threats facing vernal pool-mounded prairie habitat in this unit include urban and commercial development, agricultural development, incompatible grazing practices, and the encroachment of invasive, nonnative annual grasses. The Nature Conservancy and Jackson County School District Number 9 have conducted prescribed burns, seeded with native plants, and erected signs and fences to control encroachment of nonnative invasive plants, discourage recreational ORV use, and restore native plant communities (Borgias 2004, p. 22; USFWS 2006, pp. I-18-I-21). ODFW has plans to restore vernal pool-mounded prairie habitat across the Denman Management Area by removing nonnative bunch grasses and restoring hydrologic flow by eliminating old road beds (Borgias
et al
. 2009, pp. 16-22). Other special management considerations or protection within the unit may be needed to restore, protect, and maintain the PCEs supported by Unit RV6 due to the described threats within the units.

Unit RV7: Agate Lake

We are proposing to designate Unit RV7 as critical habitat for
Limnanthes floccosa
ssp.
grandiflora
. This unit consists of 426 ha (1,053 ac) of intact vernal pool-mounded prairie and swale habitat; the unit is currently occupied by the species and was occupied at the time of listing (Meyers 2008, p. 45). This critical habitat unit contains all of the PCEs for
L. f.
ssp.
grandiflora
and was identified as the Agate Lake recovery core area in the draft recovery plan (USFWS 2006, pp. IV-12-IV-13). Unit RV7 has been designated as critical habitat for vernal pool fairy shrimp and corresponds to vernal pool fairy shrimp critical habitat subunit 2B (White City East Unit) (71 FR 7117; February 10, 2006). The unit occurs on federally and privately owned land located 500 m (1,640 ft) east of the Agate Reservoir, along a 5.4-km (3.4-mi) stretch roughly parallel and between Dry Creek and Antelope Creek, is 330 m (1,080 ft) north of Tater Hill, and is 1.4 km (0.9 mi) southeast of the confluence of Dry Creek and Antelope Creek. The land in this unit is approximately 9 percent federally owned and 89 percent privately owned.

The U.S. Bureau of Reclamation (BOR) has completed a management plan for 38 ha (94 ac) of slightly degraded vernal pool-mounded prairie habitat within this unit. BOR has established protective measures to conserve vernal pool-mounded prairie habitat. A long-term management plan has been finalized to protect and restore vernal pool-mounded prairie function (BOR 2006, p. 1-1). Previous to 2008,
Limnanthes floccosa
ssp.
grandiflora
had not been reported in the unit since 1965. In 2008, a 300-plant population of
L. f.
ssp.
grandiflora
was observed in recently restored vernal pool-mounded prairie habitat on Federal land within the unit (p. Meyers 2008, p. 45).

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

Unit RV8: Whetstone Creek

We are proposing to designate Unit RV8 as critical habitat for
Limnanthes floccosa
ssp.
grandiflora
and
Lomatium cookii
. Unit RV8 consists of 362 ha (896 ac) of intact vernal pool-mounded prairie and swale habitat that was occupied by both species at the time of listing; both species continue to occur within the unit (ONHIC 2008; Meyers 2008, p. 20). This critical habitat unit contains all of the PCEs for
L. f.
ssp
. grandiflora
and
Lomatium cookii
and was identified as the Whetstone Creek recovery core area in the draft recovery plan (USFWS 2006, pp. IV-12-IV-13). Unit RV8 has been designated as critical habitat for vernal pool fairy shrimp and corresponds to vernal pool fairy shrimp critical habitat subunit 3C (White City West Unit) (71 FR 7117; February 10, 2006). The unit occurs on State, municipal, and privately owned land located just west of White City. The unit is located approximately 1.4 km (0.9 mi) southeast of the confluence of the Rogue River and Whetstone Creek, 2.2 km (1.4 mi) southwest of Tou Velle State Park, and 2.9 km southeast of the confluence of Bear Creek and the Rogue River. The unit roughly parallels a 2.6 km (1.6 mi) stretch of Whetstone Creek to the south. The land in this unit is 9 percent State-owned, 10 percent municipally owned, and 81 percent privately owned.

This unit includes highly intact vernal-pool mounded prairie habitat with partial protection by city regulation and private conservation easements. This is the only unit that includes a shrub and tree component within vernal pool-mounded prairie habitat. The Nature Conservancy manages a 58-ha (144-ac) parcel within this unit occupied by both
Limnanthes floccosa
ssp.
grandiflora
and
Lomatium cookii
. One of the primary purposes of the preserve is to conserve vernal pool-mounded prairie habitat. The Nature Conservancy has recently developed a management plan to restore and enhance vernal pool function across a 32-ha (80-ac), neighboring property owned by ODOT that also occurs within the unit. The City of Medford leases 36 ha (96 ac) of vernal pool-mounded prairie habitat within the unit for grazing.

The PCEs in this unit are threatened by invasion of nonnative herbaceous annuals, incompatible agricultural development, aggregate mining, unauthorized ORV use, and incompatible grazing practices (BOR 2006, pp. 1-8; Borgias 2004, p. 12). Therefore, special management considerations or protection on other properties within the unit may be required to restore, protect, and maintain the PCEs supported by Unit RV8 due to the threats mentioned above.

Unit RV9A and B: Medford Airport

We are proposing to designate Unit RV9 as critical habitat for
Lomatium cookii
. This unit consists of the subunits RV9A and RV9B.
Lomatium cookii
has been known from this unit since before the time it was listed (ONHIC 2008). Unit RV9 includes 76 ha (190 ac) of slightly degraded vernal pool-mounded prairie habitat. No areas within this unit were designated as vernal pool fairy shrimp critical habitat. A report on
Limnanthes floccosa
ssp.
grandiflora
within the unit indicates that the population has fewer than 10 individuals (Meyers 2008, p 48); therefore, we are not proposing to designate this unit as critical habitat for this species, as explained above in our criteria to identify critical habitat boundaries. This critical habitat unit contains all of the PCEs for
Lomatium cookii
and was identified as the Rogue Airfield recovery core area in the draft recovery plan (USFWS 2006, pp. IV-12-IV-13). The two subunits are located mostly within the Rogue Valley International - Medford Airport, approximately 2 km (1.2 mi) west of Coker Butte and 1.5 km (0.9 mi) northeast of Bear Creek. Subunit RV9A is located 1.4 km (0.9 mi) north of the Rogue Valley International - Medford Airport and is 300 m (980 ft) east of the junction of Vilas Road and Table Rock Road. Subunit RV9B is between Upton Slough and Bear Creek and 1.7 km northeast of the junction of Interstate 5 and Highway 62. The land in this unit is 93 percent county-owned and 7 percent privately owned.

This unit includes one of the most extensive and densest populations of
Lomatium cookii
within its range. The Rogue Valley International - Medford Airport is managed to meet FAA safety requirements. The property is completely fenced-in to exclude people and large animals and is periodically mowed to keep vegetation low and reduce use by large birds and other wildlife. The security fencing and regular mowing is compatible with
Lomatium cookii
growth, reproduction, and germination and has enabled a robust population to become established. Other properties not included in the airport security zone are properties within the City of Medford urban growth boundary likely to become commercially developed.

Threats facing the vernal pool-mounded prairie habitat in this unit are potential airport and commercial development. The development of a new runway that could be placed across the densest population of
Lomatium cookii
has been suggested in the long-term plan for the airport (Rogue Valley International-Medford Airport 2001, pp. 5-2-5-4; 6-4-6-6). Special management considerations or protection within the unit may be needed to conserve and maintain the PCEs supported by Unit RV9 due to this threat.

Area 2: Josephine County, Oregon

In Josephine County, we are proposing 14 critical habitat units for
Lomatium cookii
. The Josephine County units occur approximately 58 km (30 mi) west of the nearest unit proposed for this species in Jackson County. None of the Josephine County units were designated as critical habitat for the vernal pool fairy shrimp in Oregon.

Unit IV1: Anderson Creek

We are proposing to designate Unit IV1 as critical habitat for
Lomatium cookii
. Unit IV1 consists of 53 ha (132 ac) of intact wet meadow habitat that is currently occupied and was occupied by the species at the time of listing (ONHDB 1994, pp. 9-10; OSU 2008). Unit IV1 contains all the PCEs for
Lomatium cookii
and was identified in the draft recovery plan as the Anderson Creek recovery core area (USFWS 2006, pp. IV-11, IV-14). It is located on privately owned land, 3.5 km (2.2 mi) north of Selma, 14 km (8.8 mi) north of Cave Junction, along a 1.0 km (0.6 mi) stretch of Anderson Creek and Highway 199, 2.0 km (1.2 mi) southwest of Hays Hill Summit, and is 1.7 km (1.0 mi) northwest of the junction of Draper Valley Road and Indian Creek Road.

The two occurrences in this unit are the most northern known occurrences of
Lomatium cookii
in the Illinois Valley. Recent surveys located two populations in this unit, one with 135 plants and one with 1,000 plants. The two populations were reported as growing in open, grassy meadows (C. Shohet, pers. comm. 2005). Aerial imagery suggests the habitat in this unit is relatively intact wet meadow (USDA 2006a).

Potential threats to the
Lomatium cookii
habitat in this unit include

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

Unit IV2: Draper Creek

We are proposing to designate Unit IV2 as critical habitat for
Lomatium cookii
. This unit consists of 39 ha (97 ac) of intact wet meadow habitat, was occupied by
Lomatium cookii
at the time of listing (ONHDB 1994, p. 5; OSU 2008), and continues to be occupied by the species. Unit IV2 contains all of the PCEs for
Lomatium cookii
and was identified in the draft recovery plan as the Draper Creek recovery core area (USFWS 2006, pp. IV-11, IV-14). It is located on privately owned land 2.7 km (1.7 mi) northeast of Selma, 13.5 km (8.4 mi) north of Cave Junction, along a 900 m (2,900 ft) stretch of Draper Creek, located 800 m (2,600 ft) east of Anderson Creek. The unit is 800 m (2,600 ft) north-northwest of the confluence of Draper Creek and Davis Creek and is 200 m (650 ft) southeast of the junction of Draper Valley Road and Indian Creek Road.

According to a recent survey report, this unit includes relatively intact wet meadow habitat associated with Draper Creek. A recent survey located a 400-plant
Lomatium cookii
population here, reported as growing in an open, grassy meadow (C. Shohet, pers. comm. 2005). The
Lomatium cookii
occurrence in this unit is among the most northern known occurrences for this species in the Illinois Valley. Aerial imagery suggests the habitat in this unit may be reverting to oak and conifer succession in some areas (USDA 2006a).

Potential threats to the
Lomatium cookii
habitat in this unit include incompatible grazing practices, agricultural development, alterations in hydrology due to timber production, native and noxious weed encroachment, and woody vegetation succession (C. Shohet, pers. comm. 2005). Grazing is a common agricultural practice in the area (J. Kagan, pers. comm. 2009), but depending on management within the unit, it may be incompatible with growth, reproduction, and germination of the species. No conservation agreements or protections have been established within this unit, and we are not aware of any conservation plans to conserve critical habitat within this unit. Special management considerations or protection may be required to restore, protect, and maintain the PCEs supported by Unit IV2 due to threats from agricultural development, incompatible grazing practices, and woody vegetative succession due to increased fire return intervals.

Unit IV3: Reeves Creek North

We are proposing to designate Unit IV3 as critical habitat for
Lomatium cookii
. This unit consists of 105 ha (260 ac) of wet meadow habitat.
Lomatium cookii
occupied this unit at the time of listing and continues to be found here (ONHIC 2008). Unit IV3 contains all of the PCEs for
Lomatium cookii
and was identified in the draft recovery plan as the Reeves Creek West recovery core area (USFWS 2006, pp. IV-11, IV-14). This unit is located on Federal and privately owned land, 4.5 km (2.8 mi) south of Selma, 6.0 km (3.75 mi) north of Cave Junction, and 1.1 km (0.7 mi) northeast of Sauers Flat. The unit is located 1.4 km (0.9 mi) east of the confluence between Reeves Creek and the Illinois River and extends along a 2.0 km (1.2 mi) stretch of Reeves Creek, beginning 800 m (2,600 ft) northeast of the junction of Highway 199 and Reeves Creek Road. The land in this unit is 58 percent federally owned and 42 percent privately owned.

The wet meadow habitat in this unit is primarily threatened by natural vegetative succession, but there is potential for road maintenance to become a threat. Road maintenance often fragments populations and can directly affect plants. Woody vegetative succession can impact
Lomatium cookii
populations in this unit by over-shading. Due to this threat, the plants observed in this unit occur in smaller numbers and grow in more limited areas compared to other Illinois Valley populations and appear to be more fragmented (ONHIC 2008). Timber harvesting occurs in this unit periodically and could affect
Lomatium cookii
populations in the next few years. Special management considerations or protection may be required to restore, protect, and maintain the PCEs supported by Unit IV3 due to threats from woody vegetation succession, impacts associated with timber harvesting activities, and road maintenance.

Unit IV4: Reeves Creek East

We are proposing to designate Unit IV4 as critical habitat for
Lomatium cookii
. This unit consists of 69 ha (170 ac) of intact wet meadow habitat and has been occupied by
Lomatium cookii
since the time of listing (ONHIC 2008). Unit IV4 contains all of the PCEs for
Lomatium cookii
and was identified in the draft recovery plan as the Reeves Creek East recovery core area (USFWS 2006, pp. IV-11, IV-14). This unit is located on Federal and privately owned land, 6.2 km (3.9 mi) south of Selma, and 5.3 km (3.3 mi) northwest of Cave Junction. It occurs along a 500 m (1,640 ft) stretch of Reeves Creek located 700 m (2,300 ft) southeast of Unit IV3. The land in this unit is 52 percent federally owned and 48 percent privately owned.

The wet meadow habitat in this unit is primarily threatened by woody vegetative succession, activities associated with timber harvesting practices, road maintenance, and ORV use. The single
Lomatium cookii
population known from this unit is described as fragmented by a road cut. Portions of the habitat in this unit are also threatened by early seral forest succession (ONHIC 2008). As with the previous unit, plants observed in this unit occur in smaller numbers and grow in more limited areas compared to other Illinois Valley populations, and the populations appear to be more fragmented. Special management considerations or protection may be required to restore, protect, and maintain the PCEs supported by Unit IV4 due to threats from road construction, impacts associated with timber harvesting, woody vegetative succession, and ORV use.

Unit IV5: Reeves Creek South

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

km (1.0 mi) north of Cave Junction, 1 km (0.6 mi) southeast of Sauers Flat, 800 m (2,600 ft) east of Kerby, and 1.2 km (0.7 mi) east of the confluence between Holton Creek and the Illinois River. The land in this unit is 65 percent federally owned and 35 percent privately owned.

The wet meadow habitat in this unit is primarily threatened by vegetative succession. Impacts associated with timber harvesting, road maintenance, and ORV use are threats that could affect the habitat within this unit within the next few years. The
Lomatium cookii
described in this unit is described as a fairly modest-sized population, with numbers up to 300 plants. The population in this unit is threatened by fragmentation due to woody vegetation succession. The population is somewhat scattered around open wet meadow patches dispersed within a young woody overstory (ONHIC 2008). Special management considerations or protection may be required to restore, protect, and maintain the PCEs supported by Unit IV5 due to threats from road construction, impacts associated with timber harvesting, woody vegetative succession, and ORV use.

Unit IV6A and B: Laurel Road

We are proposing to designate Unit IV6 as critical habitat for
Lomatium cookii
. This unit consists of two subunits totaling 209 ha (516 ac) of intact wet meadow habitat that was occupied by
Lomatium cookii
at the time of listing (ONHIC 2008); the species continues to be found there. Unit IV6 contains all of the PCEs for
Lomatium cookii
and was identified in the draft recovery plan as the Laurel Road recovery core area (USFWS 2006, pp. IV-11, IV-14). The unit is located west and alongside of the base of Lime Rock, 1.2 km (0.7 mi) east of the city of Cave Junction, and follows along Highway 46 for 1.5 km (0.9 mi). Subunit IV6A is located 1.3 km (0.8 mi) west of Lime Rock summit, 1.0 km east of the junction of Laurel Road and Highway 199, and is roughly parallel to Highway 199 for 1.3 km (0.8 mi), which lies approximately 1.0 km (0.6 mi) west of the subunit. Subunit IV6B is 2.7 km (1.7 mi) east of the confluence of the east and west forks of the Illinois River and from the intersection of Holland Loop Road and Highway 46; it extends approximately 1.8 km (1.1 mi) to the northeast and 2.7 km (1.7 mi) to the north. The land in this unit is 6 percent federally owned, less than 1 percent State, and 93 percent privately owned.

Unit IV6 is open meadow and roadside habitat at the base of Lime Rock. Highway 46 crosses the population and gravel was spread on the population at a pull-out. The population continues to thrive and even grows up through the gravel. J. Kagan described the population as occurring at the bottom of a small hill derived of ultramafic alluvium (ONHDB 1994, p. 9). The two populations in the unit are some of the most robust populations in the Illinois Valley. However, the
Lomatium cookii
population has been monitored since April 2003, and after several years of population size increases, the population has recently declined. The specific cause of the decline is not known.

The primary threats to the habitat in this unit are periodic roadside maintenance, occasional roadside disturbance, woody vegetative succession, nonnative invasive plants, and rural development. There are relatively few nonnative invasive plants that threaten
Lomatium cookii
at this site, perhaps due to the ultramafic-derived soils, but roadside maintenance is expected to occur often along this stretch of road and could increase the presence of invasive plants. Several inadvertent impacts have been caused to the population by construction equipment and vehicle traffic and periodic maintenance to the road. ODOT manages the population closely and has been able to ensure that their road repairs do not affect the population.

Special management considerations or protection may be required to restore, protect, and maintain the PCEs supported by Unit IV6 due to threats from rural development, roadside maintenance, woody vegetative succession, and invasive, nonnative plant species.

Unit IV7: Illinois River Forks State Park

We are proposing to designate Unit IV7 as critical habitat for
Lomatium cookii
. This unit consists of 55 ha (136 ac) of intact wet meadow habitat.
Lomatium cookii
has been known from this unit since the time of listing (ONHIC 2008). Unit IV7 contains all of the PCEs for
Lomatium cookii
and was identified in the draft recovery plan as the River Forks State Park recovery core area (USFWS 2006, pp. IV-11, IV-14). The unit is located 500 m (1640 ft) west of the city of Cave Junction, 600 m (1,970 ft) southeast of Pomeroy Dam, and is 230 m (750 ft) east of the confluence of the east and west forks of the Illinois River. The unit occurs along a 2.8 km (1.7 mi) stretch of the West Fork Illinois River. The unit occurs on 25 percent Federal, 44 percent State, and 31 percent privately owned land.

This unit is partially managed by the Oregon Parks and Recreation Department (OPRD). The OPRD manages both the Federal and State property and a management plan is currently in development to protect and conserve the habitat that support
Lomatium cookii
. Recent monitoring by Service staff (2008) observed a relatively robust population spread out alongside streamside meadow habitat (Service database 2008).

The primary threats to the habitat in this unit are natural woody vegetative succession and rural development. Agricultural development, incompatible grazing practices, and invasive, nonnative, annual plant species are also potential threats. Special management considerations or protection may be required to restore, protect, and maintain the PCEs supported by Unit IV7 due to the threats described above.

Unit IV8: Woodcock Mountain

We are proposing to designate Unit IV8 as critical habitat for
Lomatium cookii
. This unit consists of 348 ha (859 ac) of intact wet meadow habitat.
Lomatium cookii
was known from this unit at the time of listing and continues to occur there (ONHIC 2008). Unit IV8 contains all of the PCEs for
Lomatium cookii
and was identified in the draft recovery plan as part of the Rough and Ready Creek recovery core area (USFWS 2006, pp. IV-11, IV-14). The unit is located on Federal and privately owned land, 2.4 km (1.5 mi) southwest of the city of Cave Junction, 5.3 km (3.3 mi) north of O'Brien, is 140 m (ft) west of the confluence of Woodcock Creek and the West Fork Illinois River, and occurs along a 3.3 km (2.0 mi) stretch of West Side Road. Unit IV7 is 400 m (ft) west of Highway 199 and roughly parallels the highway for 5.0 km (3.1 mi). This unit occurs on 3 percent Federal, 1 percent State, and 96 percent privately owned land.

This unit contains abundant intact wet meadow habitat and includes several populations of
Lomatium cookii
, one of which may include more than 5,000 plants. The habitat occupied by the species is typical moist grassland dominated by the native bunch grasses
Danthonia californica
and
Deschampsia cespitosa
. A 39-ha (97-ac) private property that occurs within the unit is under a conservation easement. Threats that face the PCEs in this unit include woody vegetative succession, rural development, and incompatible agricultural development. Special management considerations or protection may be required to restore, protect, and maintain the PCEs supported by Unit IV8 due to these

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

Unit IV9: Riverwash

We are proposing to designate Unit IV9 as critical habitat for
Lomatium cookii
. This unit consists of 12 ha (30 ac) of intact wet meadow and streambank habitat.
Lomatium cookii
has been known from this unit since the time of listing (ONHIC 2008). Unit IV9 contains all of the PCEs for
Lomatium cookii
and was identified in the draft recovery plan as part of the Rough and Ready Creek recovery core area (USFWS 2006, pp. IV-11, IV-14). The unit is located 4.2 km (2.6 mi) south of Cave Junction, 6.1 km (3.8 mi) north-northeast of O'Brien, and is located along the east bend of the West Fork Illinois River, 700 m (2,300 ft) south (upstream) of the confluence between Woodcock Creek and the West Fork Illinois River. The land in the unit is 34 percent federally owned, 5 percent State-owned, and 61 percent privately owned.

This unit includes the Danna Lytjen Special Management Area, a property of ODOT. It has been monitored by ODOT periodically since the time it was discovered (D. Sharp, pers. comm. 2009). The population within this unit is smaller (fewer than 50 plants) and occurs in wet meadow habitat alongside a ditch. The primary threats to habitat in this unit are periodic roadside maintenance, vegetative succession, occasional roadside disturbance, and rural development. Special management considerations or protection may be required to restore, protect, and maintain the PCEs supported by Unit IV9 due to threats from agricultural development, incompatible grazing practices, occasional roadside activities, vegetative succession, and rural development.

Unit IV10: French Flat North

We are proposing to designate Unit IV10 as critical habitat for
Lomatium cookii
. This unit consists of 45 ha (110 ac) of intact wet meadow habitat.
Lomatium cookii
has been known from this unit since the time of listing (ONHIC 2008). Unit IV10 contains all of the PCEs for
Lomatium cookii
and was identified in the draft recovery plan as part of the Rough and Ready Creek recovery core area (USFWS 2006, pp. IV-11, IV-14). The unit is located 3.7 km (2.3 mi) south of Cave Junction, 900 m (2,950 ft) north of the intersection of Sherrier Drive and Raintree Drive, 1.7 km (1.1 mi) southwest of the con

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3AE9-17522. Public record. Not legal advice.