37314 Federal Register / Vol. 74, No. 143 / Tuesday, July 28, 2009 / Proposed Rules 

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 (LargeFlowered 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 


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on November 7, 2002 (67 FR 68004) and 

the Draft Recovery Plan for Listed 

Species of the Rogue Valley Vernal Pool 

and Illinois Valley Wet Meadow 

Ecosystems (USFWS 2006, pp. II-1 to II17). 

Limnanthes floccosa ssp. grandiflora 

and Lomatium cookii are endemic to 

seasonal wetland habitats of 

southwestern Oregon. L. F. ssp. 

grandiflora is restricted to Jackson 

County in the Rogue River Valley, 

where it 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, sparserhaired calyxes (outer flower bracts), 

which typically produce a single flower 

per pedicel (flower stalk) (Kalin-Arroyo 

1973, p. 188; USFWS 2006, pp. II-1–II3). 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. II1–II-3). 

Lomatium cookii, commonly known 

as Cook’s lomatium or Cook’s desert 

parsley, is a perennial, tap-rooted forb 

in the parsley family (Apiaceae) that 

produces light-yellow flowers from late 

March to May and reaches a height of 

50 cm (20 in). This species is 

distinguished from the more common 

Lomatium utriculatum (foothill desert 

parsley) by having narrow bracts under 

the flower umbels (flower clusters), 

producing paler yellow flowers, and by 

typically lacking leaves on the flowering 

stems (Kagan 1986, pp. 73-74; USFWS 

2006, pp. II-15–II-17). Lomatium cookii 

is associated with vernal pool–mounded 

prairie habitat, but also occurs in 

seasonally wet meadow habitat in forest 

openings (ONHDB 1994, pp. 9–10). 

Limnanthes floccosa ssp. grandiflora 

and Lomatium cookii are both 

associated with the remaining relatively 

undisturbed vernal pool–mounded 

prairie habitat in the Middle Rogue 

River Basin’s Agate Desert 

(Environmental Science Associates 

(ESA) 2007, p. 2-1; ONHP 1997, p. 3). 

Relative to the pools, the plants often 

occur in pool margins, or less often on 

both mound tops and depression 

bottoms of less intact vernal pools. 

The substrate underlying the vernal 

pool topography in the Middle Rogue 

River Valley is primarily basalt within 

a matrix of thick clay soil, which creates 

a hardpan or duripan layer (mineral soil 

horizons relatively impervious to 

water). During fall and winter rains, 

water collects in shallow depressions of 

the vernal pool–mounded prairie 

habitat. Downward percolation of water 

is prevented by the presence of the 

duripan layer located from 0.18 to 0.75 

meters (m) (0.6 to 2.5 feet (ft)) below the 

soil surface (Keeley and Zedler 1998, p. 

2; Huddleston 2001, pp. 14–15). In areas 

north and northwest of Medford, the 

vicinity of White City, and north along 

low-elevation plains, L. f. ssp. 

grandiflora and Lomatium cookii occur 

on alluvial soils, primarily mapped as 

Agate-Winlo complex soils, but also 

occasionally on mapped Coker clay and 

Provig-Agate complex soils with 0 to 3 

percent slopes. L. f. ssp. grandiflora also 

occasionally occurs on soils mapped as 

Carney clay and Winlo very gravelly 

loam in vernal pool habitat north of 

White City (USDA 2006b). 

In the Agate Desert, the two plants are 

associated with microhabitats occupied 

by mostly annual native forbs and 

graminoids (grass-like plants), including 

Alopecurus geniculatus (water foxtail), 

Deschampsia danthonioides (slender 

hairgrass), Eryngium petiolatum 

(Oregon coyote thistle), Trifolium 

depauperatum (poverty clover), 

Myosurus minimus (tiny mouse-tail), 

Navarretia leucocephala ssp. 

leucocephala (white-head navarretia), 

Lasthenia californica (California 

goldfields), Phlox gracilis (slender 

phlox), Plagiobothrys bracteatus 

(bracted popcornflower), and Triteleia 

hyacinthina (white brodiaea) (OSU 

2007); USFWS 2006, p. II-6). The vernal 

pool habitat occupied by Limnanthes 

floccosa ssp. grandiflora in the Agate 

Desert ranges from 372 to 469 m (1,220 

to 1540 ft) in elevation (Huddleston 

2001, p. 11; USGS 2002). The vernal 

pool habitat occupied by Lomatium 

cookii in the same basin area ranges 

from 372 to 411 m (1,220 to 1,350 ft) in 

elevation (Huddleston 2001, p. 11; 

USGS 2009). 

The habitats occupied by Lomatium 

cookii in the Illinois River Valley are 

more complex than the Rogue River 

Valley in both soil composition and soil 

depth. Lomatium cookii occurs on 17 

mapped soil types in the Illinois River 

Valley. The majority of Lomatium cookii 

occurrences in the Illinois River Valley 

are found on Brockman clay loam, 

Josephine gravelly loam, and Pollard 

loam (USDA 2008). Unlike the Middle 

Rogue River Basin soils, many of the 

Lomatium cookii-occupied soil types 

originate from stream-fed alluvium 

covering sedimentary or ultramafic 

rocks (ONHDB 1994, pp. 9–10). 

Ultramafic rock is a class of rock that is 

low in calcium and high in iron and 

magnesium and is often toxic to plants 

(Brady et al. 2005, p. 246). Pollard loam 

and Speaker-Josephine gravelly loam 

soils originate from non-ultramafic 

sources, while Brockman soil and most 

others types originate from ultramafic 

parent material (Silvernail and Meinke 

2008, pp. 9–10). 

Lomatium cookii plants exhibit a 

slightly different morphology in the 

Illinois River Valley than in the Rogue 

River Basin. Compared with Agate 

Desert plants, Illinois River Valley 

Lomatium cookii plants are less robust, 

have smaller plant dimensions, and 

have fewer numbers of floral units. 

Plants in the two areas also exhibit 

differences in floral and fruit 

morphology, seed length, the number of 

umbels (flower groups), length of 

peduncle (flower stalk), number of 

central umbellets (sub-flower groups) 

per umbel, and number of staminate 

flowers (male flowers) per peripheral 

and central umbellet (Silvernail and 

Meinke 2008, pp. 30–31). 

In the Illinois River Valley, Lomatium 

cookii is known from six general areas 

along a 29-km (18-mi) stretch of the 

Illinois River within the large serpentine 

sheet composed of ultramafic rock that 

covers the central and southwestern 

portion of Josephine County. Within 

this landform, Lomatium cookii occurs 

only in areas with alluvial silts or clays 

that have been deposited over the 

ultramafic bedrock (ONHDB 1994, p. 9). 

In the Illinois River Valley, Lomatium 

cookii occurs in elevations that range 

from 383 to 488 m (1,256 to 1,600 ft) 

(USGS 2009). 

Habitat occupied by Lomatium cookii 

in the Illinois Valley is primarily 

seasonally wet grassland meadows, on 

flats and slopes in mixed oak-conifer 

forested meadows, streambanks, or 


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forest openings, dominated by native 

grasses, including: Danthonia 

californica (California oatgrass), Poa 

secunda (rough bluegrass), 

Deschampsia cespitosa (tufted 

hairgrass), Festuca roemeri var. 

klamathensis (Klamath Roemer’s 

fescue), Achnatherum lemmonii 

(Lemmon’s needlegrass) and 

Deschampsia danthonioides. Native 

forbs include Camassia spp. (camas), 

Ranunculus occidentalis (western 

buttercup), and Limnanthes gracilis var. 

gracilis (slender meadowfoam) (ONHDB 

1994, p. 9). The seasonally wet 

meadows occupied by Lomatium cookii 

in the Illinois River Valley usually occur 

as part of bottomland Quercus 

garryana–Quercus kelloggii–Pinus 

ponderosa (Oregon white oak–California 

black oak–ponderosa pine) savannas. 

Widely spaced, large pine trees are 

characteristic of the open meadow 

habitat with mixed pine and oak 

woodlands occurring along seasonal 

creeks. 

At the time of listing in 2002, 

Limnanthes floccosa ssp. grandiflora 

was known from 15 distinct occurrences 

and Lomatium cookii was known from 

36 occurrences throughout their ranges 

(67 FR 68004; November 7, 2002). 

Currently L. f. ssp. grandiflora has 22 

documented occurrences and Lomatium 

cookii has 37 documented occurrences. 

L. f. ssp. grandiflora is found only in 

Jackson County, and is known from 

Shady Cove, Hammel Road, two areas 

northeast of Upper Table Rock, several 

areas north of Eagle Point, the Agate 

Reservoir, and at several vicinities in 

and around White City including: the 

Jackson County Sports Park (Hoover 

Ponds), the Hall and Military Slough 

tracks of the Denman Wildlife Area, on 

City of Medford property, several areas 

west of Whetstone Creek, and on several 

private properties (OHNIC 2008; Service 

database 2008). The four largest 

population centers of L. f. ssp. 

grandiflora include two areas in White 

City, Whetstone Creek, and an area 

northeast of Upper Table Rock. The 

smallest L. f. ssp. grandiflora population 

is known from an area just outside the 

Rogue Valley International–Medford 

Airport (Meyers 2008, p. 48). 

Lomatium cookii occurs in both 

Jackson County and Josephine County. 

In Josephine County, where it is found 

in seasonal wet meadow habitats, 

Lomatium cookii has been reported from 

six general areas: (1) the vicinity of 

Selma; (2) the east base of Woodcock 

Mountain; (3) Rough and Ready Creek; 

(4) Illinois River Forks State Park; (5) 

French Flat; and (6) Laurel Road 

(ONHIC 2008; USFWS 2008). The six 

largest population centers of Lomatium 

cookii include two areas in French Flat, 

Laurel Road, and near the east base of 

Woodcock Mountain in Josephine 

County; and at the Rogue Valley 

International–Medford Airport and an 

area in east White City in Jackson 

County. 

The two species co-occur in three 

general areas in Jackson County: (1) the 

vicinity of the Rogue International– 

Medford Airport in Medford; (2) in and 

around White City; and (3) areas west of 

Whetstone Creek. Specific locations 

where Limnanthes floccosa ssp. 

grandiflora and Lomatium cookii are 

found together have been reported in 

the Rogue River Valley at the Rogue 

Valley International–Medford Airport 

and various locations in and around 

White City including: the Jackson 

County Sports Park, the Hall Track of 

the Denman Wildlife Area, on City of 

Medford property, several areas west of 

Whetstone Creek, and on several private 

properties in and around White City 

(ONHIC 2008; USFWS 2008). 

Lomatium cookii populations are 

generally found in habitats not subject 

to mining, agricultural development, 

residential or commercial development, 

and grazing (Oregon Natural Heritage 

Information Center (ONHIC) database 

2008). Although, historically, many of 

these activities were thought to have 

negative impacts on the species, there 

are some notable exceptions, such as 

grazing, which can be beneficial if 

properly managed. At a few sites in 

Jackson County, for example, annual 

mowing, periodic burning, and grazing 

are practiced and appear to be 

compatible with survival and even 

proliferation of Lomatium cookii 

(Borgias 2004, p. 34). In fact, the largest 

and most prolific Lomatium cookii 

populations occur where compatible 

grazing or mowing practices occur 

repeatedly (Borgias 2004, p. 34). 

Although intensive cattle grazing has a 

significant negative impact, especially 

combined with the effects of 

competition with nonnative annual 

grasses, evidence suggests that 

Lomatium cookii is capable of persisting 

under moderate grazing pressure (Brock 

1987, pp. 23, 30). Timing of grazing is 

also important, as grazing in the fall and 

winter growing season would reduce 

seed production by the plants (Brock 

1987, p. 23). Sites occupied by 

Lomatium cookii that receive no 

management continue to support plant 

populations, but monitoring suggests 

that some of those populations are 

declining (Kaye and Thorpe 2008, pp. 

16–25). Borgias (2004, p. 34) observed 

that, after several years without grazing 

or a fire at The Nature Conservancy’s 

Agate Desert Preserve, thatch 

accumulated and recruitment of young 

Lomatium cookii declined due to the 

increases of nonnative annual grasses. 

Other reports indicate that vegetative 

succession, herbivory by voles (Microtus 

spp.), or both, may be the cause of 

declining populations (Kaye and Thorpe 

2008, pp. 16–25). 

Land uses associated with the largest, 

more intact populations of Limnanthes 

floccosa ssp. grandiflora and Lomatium 

cookii are vernal pool habitats managed 

using compatible agricultural practices. 

Actions conducive to large population 

sizes of either of the two species may 

include prescribed burns, controlled 

grazing practices, or regular mowing. 

The Rogue Valley International– 

Medford Airport is an example of an 

area that is mowed regularly to meet 

Federal Aviation Authority (FAA) safety 

requirements and that supports a large 

and prolific Lomatium cookii 

population that extends over 28 ha (70 

ac) (R. Russell, pers. comm. 2004; S. 

Friedman, pers. obs. 2009). Within 

grazed properties, small isolated patches 

of L. f. ssp. grandiflora often continue to 

persist, perhaps due to suppression of 

invasive nonnative grasses (Meyers 

2008, pp. 1–48; Wildlands, Inc. 2008, p. 

1; Borgias 2004, p. 42). 

Threats 

Threats to Limnanthes floccosa ssp. 

grandiflora and Lomatium cookii in the 

Rogue River Valley include: residential, 

urban, and commercial development; 

agricultural development (including 

leveling, ditching, tilling, and stock 

pond construction or water 

impoundments); road construction and 

maintenance; aggregate mining; 

incompatible grazing practices; off-road 

vehicle (ORV) use that affects surface 

hydrology; vandalism (related to ORV 

use); encroachment by nonnative plants; 

and herbivory by gophers (family 

Geomyidae) and voles (67 FR 68004; 

Kaye and Thorpe, pp. 11–12). 

•Residential, urban, agricultural, 

mining, and commercial development 

has resulted in an approximately 60 

percent loss of the vernal pool 

landscape in the Rogue River Valley due 

to building construction, removal of 

habitat, altered hydrology, or altered 

topography (ONHP 1997, pp. 14–15; 

Wille and Petersen 2006, p. 1993). 

• Ground-disturbing activities, such as 

road construction and maintenance or 

ORV use, can damage the clay pan layer 

and allow soil moisture to drain from 

the vernal pools or wet meadow habitats 

that the plants depend upon for 

reproduction and survival. Incompatible 

agricultural practices, including some 

timber management and crop 

management, can alter hydrology, 


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directly affect plants with equipment, or 

indirectly affect plants as a result of 

road construction. Road construction 

can result in population fragmentation, 

alteration of hydrology, or the covering 

of plants by fill material, resulting in 

degradation of habitat and direct loss of 

plants. 

• Vandalism refers to the intentional 

disregard or dismantling of signing or 

fencing intended to protect certain 

wetland areas from unauthorized ORV 

use, which may then result in negative 

effects on the hydrology of the habitat. 

•The removal of surface material in 

conjunction with mining activities 

results in the direct loss of habitats. 

• Heavy grazing, especially from 

October through April, would be an 

example of incompatible grazing. The 

majority of seasonal growth for these 

two plants occurs during the winter, 

and if plants are grazed during the fall 

and winter months, they are less likely 

to produce seed in the spring or early 

summer (Brock 1987, p. 23). Vernal pool 

hydrology may also be altered by the 

compression and compaction 

disturbance caused by grazing livestock. 

Nonnative plants can outcompete and 

displace native plant species and may 

also inhibit successful germination of 

seeds. Herbivory by gophers and voles 

results in direct mortality of individual 

plants, as well as an indirect decrease in 

reproduction. 

Limnanthes floccosa ssp. grandiflora 

and Lomatium cookii are also 

threatened by encroachment of 

nonnative annual herbs, including 

Centaurea solstitialis (yellow starthistle) 

and Cardaria draba (hoary cress), which 

may competitively exclude the two 

native species, as well as nonnative 

annual grasses, namely Hordeum 

marinum ssp. gussoneanum 

(Mediterranean barley) and 

Taeniantherum caput-medusae 

(medusahead). Hordeum marinum ssp. 

gussoneanum encroaches on 

microhabitats occupied by both species, 

but T. caput-medusae occurs on 

adjacent upland mound habitats, 

occasionally interfering with Lomatium 

cookii germination and growth, or 

stifling native plant growth in general. 

Reproduction of both Lomatium cookii 

and L. f. spp. grandiflora is impaired by 

the presence of introduced annual 

grasses, as seeds of both native species 

are not able to germinate under the 

dense thatch produced by nonnative 

annual grasses. Recently introduced 

nonnative invasive plants that are 

particularly threatening to Lomatium 

cookii in the Illinois Valley are Alyssum 

murale (yellowtuft) and A. corsicum 

(alisso di Corsica). These two plants 

were recently introduced to serpentine 

meadow habitat as part of an 

experiment to test their ability to 

accumulate nickel. Unfortunately the 

plants have now begun to spread 

rapidly across wide areas of serpentine 

meadow in particularly dense 

concentrations and threaten to encroach 

upon and displace Lomatium cookii 

populations in the Illinois Valley (ODA 

and USFS 2008, pp. 1–3). 

Threats to Lomatium cookii in the 

Illinois Valley include aggregate and 

mineral mining, residential and urban 

development, impacts associated with 

timber harvesting practices, road 

construction and maintenance, ground 

disturbance by ORV use that affects 

surface hydrology, garbage dumping, 

succession of native woody vegetation 

due to fire suppression, incompatible 

grazing practices, and herbivory by 

gophers and voles; the effects of most of 

these threats are described above. The 

dumping of garbage, especially such 

large items as old appliances, can 

directly affect populations by crushing 

or smothering them. Succession of 

native woody vegetation, although a 

natural process, is normally held in 

check by fire. In the Illinois Valley, the 

longer fire return intervals due to fire 

suppression has led to the 

encroachment of native woody 

vegetation (trees and shrubs) into the 

wet meadow habitats occupied by 

Lomatium cookii. Such native woody 

plants include: Ceanothus cuneatus 

(buckbrush), Pinus ponderosa 

(Ponderosa pine), Pinus jeffreyi (Jeffrey 

pine), Pseudotsuga menziesii (Douglasfir), 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-CV2378 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 


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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 


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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 


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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 garryanaQuercus 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 lowgradient and flat terrains, not typically 

exceeding 3 percent slope (USDA 

2006b). In the Agate Desert, L. f. ssp. 

grandiflora and Lomatium cookii occur 

predominately in 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 nonfragmented Limnanthes floccosa ssp. 

grandiflora habitat were typically 

greater than 8 ha (20 ac). Habitat areas 

of this size provide protection from 

adjacent development and weed sources 

and contained intact hydrology (USDA 

2006a). This is the size of the smallest 

vernal 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 nonfragmented 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 


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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 


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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 sitespecific 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 peerreviewed articles, research presented in 

academic theses and agency reports, 

regional GIS coverages, and the OSU 

herbarium record database (OSU 2007). 

We determined occupancy at the time of 

listing by comparing survey and 

collection information and descriptions 

of occupied areas in the final listing rule 

published in the Federal Register on 

November 7, 2002 (67 FR 68004). At the 

time of the 2002 listing, 15 occurrences 

(sites) were known for L. f. ssp. 

grandiflora and 36 occurrences (sites) 

were known for Lomatium cookii (67 FR 

68004). 

Since the final listing rule was 

published, we have become aware of 

additional areas that we have 

determined were occupied at the time of 

listing. Two such areas were known at 

the time of listing, but at that time the 

species were thought to have been 

extirpated from those sites. First 

identified in 1937, the two areas had no 

exact location information (OSU 2007). 

Attempts were made to relocate the 

occurrences, but these attempts were 

unsuccessful. However, in 2005, the two 

areas were again found and each was 

occupied by a large number of 

Lomatium cookii plants. In addition, 

one other site occupied by Lomatium 

cookii was first identified in 2005, 3 

years after the listing. Although we were 

not aware of this occupied area at the 

time of listing, it contained a large 

number of individual Lomatium cookii 

plants, relative to other occupied 

locations. 

We conclude that for all such areas 

observed within 3 years of listing, it is 

highly unlikely that such large 

populations would have only just 

become established subsequent to the 

listing of the species. Based on longterm monitoring data, populations of 

such large size are generally reflective of 

robust populations that have persisted 

over the long term. Therefore, if a site 

was recorded within 3 years after the 

listing of the species (between 2002 and 

2005), and the population at that site 

was so large that it must have been wellestablished and occupied for many 

years, we considered that area to have 

been occupied at the time of listing, 

because the evidence supports the site 

having been occupied but simply not 

yet recorded at the time of listing, or we 

had not been successful in relocating 

those sites that had been documented 

earlier. 

Although various new occurrences 

have been identified since the time of 

listing in 2002, only three occurrences 

of Lomatium cookii correspond to new 

areas identified between the time of 

listing in 2002 and the year 2005 that 

we consider to have been occupied at 

the time of listing. Currently, we know 

of 22 documented occurrences of 

Limnanthes floccosa ssp. grandiflora 

and 37 documented occurrences of 

Lomatium cookii that correspond to a 

total of 25 areas we consider to have 

been occupied at the time of listing. 

Note that multiple occurrences may 

comprise a single occupied area; hence, 

there will be a greater number of 

occurrences than of occupied areas. 

(3) We then considered areas 

identified as priority 1 and 2 recovery 

core areas in the draft recovery plan for 

the two species (USFWS 2006) to 

determine which areas contain the PCEs 

in the amount and spatial configuration 

essential to the conservation of the 

species. Most areas identified as priority 

1 and 2 recovery areas in the draft 

recovery plan were incorporated into 

the proposed designation. The one 

exception is a site at the Medford 

Airport that was identified as a recovery 

area for Limnanthes floccosa ssp. 


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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; reseeding 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 


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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. 


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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 


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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). 


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The PCEs in this unit are threatened 

by invasion of nonnative herbaceous 

annuals, trash dumping, activities 

associated with fire management (fireline 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 Stateowned, 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 longterm 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 


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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 overshading. 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 


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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 ultramaficderived 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 


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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) northnortheast of O’Brien, and is located 

along the east bend of the West Fork 

Illinois River, 700 m (2,300 ft) south 

(upstream) of the confluence between 

Woodcock Creek and the West Fork 

Illinois River. The land in the unit is 34 

percent federally owned, 5 percent 

State-owned, and 61 percent privately 

owned. 

This unit includes the Danna Lytjen 

Special Management Area, a property of 

ODOT. It has been monitored by ODOT 

periodically since the time it was 

discovered (D. Sharp, pers. comm. 

2009). The population within this unit 

is smaller (fewer than 50 plants) and 

occurs in wet meadow habitat alongside 

a ditch. The primary threats to habitat 

in this unit are periodic roadside 

maintenance, vegetative succession, 

occasional roadside disturbance, and 

rural development. Special management 

considerations or protection may be 

required to restore, protect, and 

maintain the PCEs supported by Unit 

IV9 due to threats from agricultural 

development, incompatible grazing 

practices, occasional roadside activities, 

vegetative succession, and rural 

development. 

Unit IV10: French Flat North 

We are proposing to designate Unit 

IV10 as critical habitat for Lomatium 

cookii. This unit consists of 45 ha (110 

ac) of intact wet meadow habitat. 

Lomatium cookii has been known from 

this unit since the time of listing 

(ONHIC 2008). Unit IV10 contains all of 

the PCEs for Lomatium cookii and was 

identified in the draft recovery plan as 

part of the Rough and Ready Creek 

recovery core area (USFWS 2006, pp. 

IV-11, IV-14). The unit is located 3.7 km 

(2.3 mi) south of Cave Junction, 900 m 

(2,950 ft) north of the intersection of 

Sherrier Drive and Raintree Drive, 1.7 

km (1.1 mi) southwest of the confluence 

of Althouse Creek and the East Fork 

Illinois River, and parallels a 300 m (980 

ft) stretch of Rockydale Road. The land 

in this unit is under 22 percent Federal 

ownership and 78 percent private 

ownership. A portion of this unit occurs 

on BLM-managed land (Kaye and 

Thorpe 2008, p. 1). 

The two Lomatium cookii populations 

in this unit occur in open mixed oak– 

conifer habitat. Aerial imagery suggests 

that the wet meadow habitat is 

fragmented, may be slowly degrading, 

and may require some management to 

maintain early seral stage vegetation 

(USDA 2006a). The primary threats to 

the PCEs in this unit are rural 

development and vegetative succession. 

Special management considerations 

or protection may be required to restore, 

protect, and maintain the PCEs 

supported by Unit IV10 due to threats 

from rural development and woody 

vegetative succession. 

Unit IV11: Rough and Ready Creek 

We are proposing to designate Unit 

IV11 as critical habitat for Lomatium 

cookii. This unit consists of 61 ha (152 

ac) of intact wet meadow habitat. 

Lomatium cookii has been known from 

this unit since the time of listing 

(ONHIC 2008). Unit IV11 contains all of 

the PCEs for Lomatium cookii and was 

identified in the draft recovery plan as 

part of the Rough and Ready Creek 

recovery core area (USFWS 2006, pp. 

IV-11, IV-14). The unit roughly follows 

along and is adjacent to a 1.9 km (1.2 

mi) stretch of Airport Drive, is located 

3 km (1.9 mi) north of O’Brien, 900 m 

(2,950 ft) west of the Rough and Ready 

Forest Wayside State Park, and is 122 m 

(400 ft) east of the confluence with the 

Illinois River and Rough and Ready 

Creek. The land in this unit is 48 

percent federally owned and 52 percent 

privately owned. 

A grouping of Lomatium cookii 

patches has been monitored within this 

unit for over 10 years (Kaye and Thorpe 

2008, p. 26). Although the population is 

stable and not considered a large 

population, it appears to be resilient to 

various ORV threats and alterations in 

hydrology. 

Threats present at this unit are in the 

form of ORVs, nonnative invasive forbs, 

alteration in hydrology caused by 

roadside maintenance, and natural 

succession. Special management 

considerations or protection may be 

required to restore, protect, and 

maintain the PCEs supported by Unit 

IV11 due to these threats. 

Unit IV12: French Flat Middle 

We are proposing to designate Unit 

IV12 as critical habitat for Lomatium 

cookii. This unit consists of 617 ha 

(1,524 ac) of intact wet meadow habitat. 

The unit has been occupied by 

Lomatium cookii since the time of 

listing. Unit IV12 contains all of the 

PCEs for Lomatium cookii and was 

identified in the draft recovery plan as 

the French Flat recovery core area 

(USFWS 2006, pp. IV-11, IV-14). The 

unit is located 4.5 km (2.8 mi) east of 

Cave Junction, 3.7 km (2.3 mi) northeast 

of O’Brien, 140 m (460 ft) north of 

Esterly Lakes, 1.4 km (0.9 mi) northeast 

of Indian Hill, 300 m (960 ft) east of the 

confluence of Rough and Ready Creek 

and the West Fork Illinois River, and 

follows along a 5.0 km (3.1 mi) stretch 

of Rockydale Road. Land within the unit 

is under 45 percent Federal ownership 

and 55 percent private ownership. 

This unit contains some of the largest 

areas of intact wet meadow habitat 

within the Illinois Valley. Several 

Lomatium cookii populations occur 

within this unit. Two of the Lomatium 

cookii populations in the unit, each in 

excess of 40,000 individuals, have been 

closely monitored on BLM land for over 

10 years (Kaye and Thorpe 2008, pp. 

16–25). Although the populations are 

robust and dense compared to other 

locations, the rate of growth has been 

declining and plants may be slowly 

succumbing to various naturally caused 

threats, including woody vegetative 

succession and vole herbivory (Kaye 

and Thorpe 2008, pp. 16–25). 

Threats commonly observed within 

this unit are: illegal ORV use; vandalism 

(related to ORV use); garbage dumping; 

mining; woody vegetative succession; 

substantial rodent herbivory on 

Lomatium cookii plants (voles); and 

competition with invasive, nonnative 

annual plant species. Several other 

Lomatium cookii populations that occur 

within this unit are not closely 

monitored. Therefore, special 

management considerations or 

protection may be required to restore, 

protect, and maintain the PCEs 

supported by Unit IV12 due to the 

threats described above. 

Unit IV13: Indian Hill 

We are proposing to designate Unit 

IV13 as critical habitat for Lomatium 

cookii. This unit consists of 18 ha (45 

ac) of intact wet meadow habitat. It has 

been occupied by Lomatium cookii 

since the time of listing. Unit IV13 

contains all of the PCEs for Lomatium 

cookii, and was identified in the draft 

recovery plan as the Indian Hill 

recovery core area (USFWS 2006, pp. 

IV-11, IV-14). The unit is adjacent to 

and lies east of a 900 m (2,950 ft) stretch 

of the West Fork Illinois River, located 

approximately 300 m south (upstream) 

of the confluence of Rough and Ready 


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Creek and the West Fork Illinois River. 

The unit is 1.8 km (1.1 mi) northeast of 

O’Brien and is 350 m (1,150 ft) 

northwest of Indian Hill. The land 

within this unit is 83 percent federally 

owned and 17 percent privately owned. 

This unit contains a comma-shaped 

wet meadow supporting one Lomatium 

cookii population in excess of 9,000 

plants. Lomatium cookii has been 

closely monitored in this unit for over 

10 years (Kaye and Thorpe 2008, p 28). 

Although this population appears to be 

threatened by succession of woody 

vegetation and herbivory by voles, 

population monitoring indicates the 

population is stable. 

Special management considerations 

or protection may be required to restore, 

protect, and maintain the PCEs 

supported by Unit IV6 due to threats 

from natural woody vegetative 

succession and vole herbivory. 

Unit IV14: Waldo 

We are proposing to designate Unit 

IV14 as critical habitat for Lomatium 

cookii. This unit consists of 40 ha (100 

ac) of intact wet meadow habitat. This 

unit is presently occupied by the 

species and was occupied at the time of 

listing. Unit IV14 contains all of the 

PCEs for Lomatium cookii and was 

identified in the draft recovery plan as 

the French Flat recovery core area 

(USFWS 2006, pp. IV-11, IV-14). The 

unit is located 3.4 km (2.1 mi) eastsoutheast O’Brien, 230 m (750 ft) west 

of Waldo, 2.4 km (1.5 mi) southeast of 

Indian Hill, and is 1.5 km (0.9 mi) 

southwest of Esterly Lakes. The land 

within this unit is under 59 percent 

Federal ownership and 41 percent 

private ownership. 

This unit includes a single Lomatium 

cookii population on BLM-managed 

land that has not been visited since 

1998. Aerial imagery suggests that the 

open mixed oak-conifer habitat in the 

unit includes patchy wet meadows and 

appears to be threatened by succession 

of natural woody vegetation succession 

and mineral mining. Aerial imagery 

suggests that the wet meadow habitat, as 

of 2006, is slowly becoming degraded 

and may require some management to 

maintain early seral stage vegetation 

(USDA 2006a). The primary threats to 

the habitat in this unit are mining and 

natural vegetation succession. 

Special management considerations 

or protection may be required to restore, 

protect, and maintain the PCEs 

supported by Unit IV14 due to threats 

from woody vegetative succession and 

mineral mining. 

Tables 1 and 2 provide a summary of 

the approximate area (ha and ac) of 

units in Jackson County by Federal, 

State, county, municipal, and private 

ownership determined to meet the 

definition of critical habitat for 

Limnanthes floccosa ssp. grandiflora 

and Lomatium cookii. Table 3 provides 

a summary of the approximate area (ha/ 

ac) of units for Lomatium cookii in 

Josephine County by Federal, State, and 

private ownership determined to meet 

the definition of critical habitat. 

TABLE 1—CRITICAL HABITAT UNITS AND OWNERSHIP IN HECTARES (ACRES) FOR Limnanthes floccosa SSP. grandiflora IN

JACKSON COUNTY, OREGON (ALL TOTALS ARE ROUNDED). 

Critical Habitat Unit Private Municipal County State Federal Total Area 

Shady Cove (RV1) 8 (20) 8 (20) 

Hammel Road (RV2) 84 (207) ..... ..... ..... ..... 84 (207) 

North Eagle Point (RV3A-D) 539 (1,331) ..... ..... ..... ..... 539 (1,331) 

Rogue Plains (RV4) 244.5 (604) ..... 0.5 (1) ..... ..... 245 (605) 

Table Rock Terrace (RV5) 49 (121.5) ..... ..... ..... ..... 49 (122) 

White City (RV6A-H) 447 (1,104) 87 (214) 68 (168) 246 (609) ..... 848 (2,095) 

Agate Lake (RV7) 397 (981.5) ..... ..... ..... 29 (71) 426 (1,053) 

Whetstone Creek (RV8) 290 (719.5) 37 (91.5) 0.2 (0.5) 34 (84) ..... 362 (896) 

Total Area 2,059.5 (5,088) 124 (306) 69 (170) 279.5 (691) 29 (71) 2,561 (6,327) 

TABLE 2—CRITICAL HABITAT UNITS AND OWNERSHIP IN HECTARES (ACRES) FOR Lomatium cookii IN JACKSON COUNTY, 

OREGON (TOTALS ARE ROUNDED). 

Critical Habitat Unit Private Municipal County State Federal Total Area 

White City (RV6A, F, G, H) 324 (802) 87 (214) 56 (138) 141 (349) ..... 608 (1,503) 

Whetstone Creek (RV8) 291 (719.5) 37 (91.5) 0.2 (0.5) 34 (84) ..... 362 (895.5) 

Medford Airport (RV9A-B) 3 (8) 0.4 (1) 73 (180) ..... ..... 76 (190) 

Total Area 620 (1,532) 124.4 (307) 129.2 (319) 174 (430) ..... 1,046 (2,589) 

TABLE 3—CRITICAL HABITAT UNITS AND OWNERSHIP IN HECTARES (ACRES) FOR Lomatium cookii IN JOSEPHINE COUNTY, 

OREGON (TOTALS ARE ROUNDED). 

Critical Habitat Unit Private State Federal Total Area 

Anderson Creek (IV1) 53.4 (131.9) ..... ..... 53 (132) 


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TABLE 3—CRITICAL HABITAT UNITS AND OWNERSHIP IN HECTARES (ACRES) FOR Lomatium cookii IN JOSEPHINE COUNTY, 

OREGON (TOTALS ARE ROUNDED).—Continued 

Critical Habitat Unit Private State Federal Total Area 

Draper Creek (IV2) 39.4 (97.3) ..... ..... 39 (97) 

Reeves Creek North (IV3) 44 (109) ..... 61 (151) 105 (260) 

Reeves Creek East (IV4) 33 (81.4) ..... 36 (88.5) 69 (170) 

Reeves Creek South (IV5) 55 (137) ..... 103 (254) 158 (391) 

Laurel Road (IV6A-B) 192.8 (476) 4 (10) 12 (29.5) 209 (516) 

Illinois River Forks State Park (IV7) 17 (42) 24.8 (60) 13.8 (34) 55 (136) 

Woodcock Mountain (IV8) 336.9 (832.5) ..... 10.7 (26.5) 348 (859) 

Riverwash (IV9) 7.4 (18.3) 0.6 (1.5) 4.1 (10.2) 12 (30) 

French Flat North (IV10) 34.8 (86) ..... 9.8 (24.3) 45 (110) 

Rough and Ready Creek (IV11) 31.6 (78) ..... 29.7 (73.5) 61 (152) 

French Flat Middle (IV12) 351.5 (868.6) ..... 277.2 (685) 617 (1,524) 

Indian Hill (IV12) 3.1 (7.7) ..... 15.1 (37.3) 18 (45) 

Waldo (IV14) 16.4 (40.6) ..... 28.9 (59) 40 (100) 

Total Area 1,215.9 (3,006.3) 29.4 (71.5) 601.3 (1,472.8) 1829 (4,521) 

Effects of Critical Habitat Designation 

Section 7 Consultation 

Section 7(a)(2) of the Act requires 

Federal agencies, including the Service, 

to ensure that actions they fund, 

authorize, or carry out are not likely to 

destroy or adversely modify critical 

habitat. However, decisions by the 

courts of appeals for the Fifth and Ninth 

Circuits have invalidated our regulatory 

definition of ‘‘destruction or adverse 

modification’’ (50 CFR 402.02) (see 

Gifford Pinchot Task Force v. U.S. Fish 

and Wildlife Service, 378 F. 3d 1059 

(9th Cir 2004) and Sierra Club v. U.S. 

Fish and Wildlife Service et al., 245 F.3d 

434, 442F (5th Cir 2001)). Instead, we 

rely upon the statutory provisions of the 

Act to make that determination. Under 

the statutory provisions of the Act, the 

key factor in determining whether an 

action will destroy or adversely modify 

critical habitat is whether, with 

implementation of the proposed Federal 

action, the affected critical habitat 

would remain functional (or retain those 

PCEs that relate to the ability of the area 

to support the species) to serve its 

intended conservation role for the 

species. 

Section 7(a) of the Act requires 

Federal agencies, including the Service, 

to evaluate their actions with respect to 

any species that is proposed or listed as 

endangered or threatened and with 

respect to its critical habitat, if any is 

proposed or designated. Regulations 

implementing this interagency 

cooperation provision of the Act are 

codified at 50 CFR part 402. 

Section 7(a)(4) of the Act requires 

Federal agencies to confer with the 

Service on any action that is likely to 

jeopardize the continued existence of a 

species proposed for listing or result in 

destruction or adverse modification of 

proposed critical habitat. This is a 

procedural requirement only, as any 

conservation recommendations in a 

conference report or opinion are strictly 

advisory. However, once proposed 

species become listed, or proposed 

critical habitat is designated as final, the 

full prohibitions of section 7(a)(2) of the 

Act apply to any Federal action. The 

primary utility of the conference 

procedures is to maximize the 

opportunity for a Federal agency to 

adequately consider proposed species 

and critical habitat and avoid potential 

delays in implementing their proposed 

action as a result of the section 7(a)(2) 

compliance process, should those 

species be listed or the critical habitat 

designated. 

We may conduct conferences either 

informally or formally. We typically use 

informal conferences as a means of 

providing advisory conservation 

recommendations to assist the agency in 

eliminating conflicts that the proposed 

action may cause with respect to the 

proposed critical habitat. We typically 

use formal conferences when the 

Federal agency or the Service believes 

the proposed action is likely to 

adversely affect a species proposed for 

listing or degrade proposed critical 

habitat in some manner. 

We generally provide the results of an 

informal conference in a conference 

report, while we provide the results of 

a formal conference in a conference 

opinion. We typically prepare 

conference opinions on proposed 

critical habitat in accordance with 

procedures contained at 50 CFR 402.14, 

as if the proposed critical habitat was 

already designated. If no substantial 

new information or changes in the 

action alter the content of the opinion, 

we may adopt the conference opinion as 

the biological opinion when the critical 

habitat is designated (see 50 CFR 

402.10(d)). 

If a species is listed or critical habitat 

is designated, section 7(a)(2) of the Act 

requires Federal agencies to ensure that 

activities they authorize, fund, or carry 

out are not likely to jeopardize the 

continued existence of such a species or 

to destroy or adversely modify its 

critical habitat. Activities on State, 

tribal, local, or private lands requiring a 

Federal permit (such as a permit from 

the U.S. Army Corps of Engineers under 

section 404 of the Clean Water Act (33 

U.S.C. 1251 et seq.) or a permit from us 

under section 10 of the Act) or involving 

some other Federal action (such as 

funding from the Federal Highway 


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Administration, Federal Aviation 

Administration, or the Federal 

Emergency Management Agency) are 

subject to the section 7(a)(2) 

consultation process. Federal actions 

not affecting listed species or critical 

habitat, and actions on State, tribal, 

local, or private lands that are not 

federally funded, authorized, or 

permitted, do not require section 7(a)(2) 

consultations. 

If a Federal action may affect a listed 

species or its critical habitat, the 

responsible Federal agency (action 

agency) must enter into consultation 

with us. At the conclusion of this 

consultation, the Service will issue 

either: 

(1) a concurrence letter for Federal 

actions that may affect, but are not 

likely to adversely affect, listed species 

or critical habitat; or 

(2) a biological opinion for Federal 

actions that may affect, but are likely to 

adversely affect, listed species or critical 

habitat. 

If we issue a biological opinion 

concluding that a project is likely to 

result in jeopardy to a listed species or 

the destruction or adverse modification 

of critical habitat, we also provide 

reasonable and prudent alternatives to 

the project, if any are identifiable, to 

avoid these outcomes. We define 

‘‘reasonable and prudent alternatives’’ at 

50 CFR 402.02 as alternative actions 

identified during consultation that: 

•Can be implemented in a manner 

consistent with the intended purpose of 

the action, 

•Can be implemented consistent with 

the scope of the Federal agency’s legal 

authority and jurisdiction, 

• Are economically and 

technologically feasible, and 

•Would, in the Director’s opinion, 

avoid jeopardizing the continued 

existence of the listed species or 

destroying or adversely modifying 

critical habitat. 

Reasonable and prudent alternatives 

can vary from slight project 

modifications to extensive redesign or 

relocation of the project. Costs 

associated with implementing a 

reasonable and prudent alternative are 

similarly variable. 

Regulations at 50 CFR 402.16 require 

Federal agencies to reinitiate 

consultation on previously reviewed 

actions in instances where a new 

species is listed or critical habitat is 

subsequently designated that may be 

affected and the Federal agency has 

retained discretionary involvement or 

control over the action. Consequently, 

some Federal agencies may need to 

request reinitiation of consultation with 

us on actions for which formal 

consultation has been completed, if 

those actions with discretionary 

involvement may affect subsequently 

listed species or designated critical 

habitat. 

Application of the Jeopardy and 

Adverse Modification Standards 

Jeopardy Standard 

Currently, the Service applies an 

analytical framework for Limnanthes 

floccosa ssp. grandiflora and Lomatium 

cookii jeopardy analyses that relies 

heavily on the importance of known 

populations to the species’ survival and 

recovery. The section 7(a)(2) of the Act 

analysis is focused not only on these 

populations but also on the habitat 

conditions necessary to support them. 

The jeopardy analysis usually 

expresses the survival and recovery 

needs of Limnanthes floccosa ssp. 

grandiflora and Lomatium cookii in a 

qualitative fashion without making 

distinctions between what is necessary 

for survival and what is necessary for 

recovery. Generally, the jeopardy 

analysis focuses on the range-wide 

statuses of L. f. ssp. grandiflora and 

Lomatium cookii, respectively, the 

factors responsible for that condition, 

and what is necessary for each species 

to survive and recover. An emphasis is 

also placed on characterizing the 

conditions of L. f. ssp. grandiflora and 

Lomatium cookii in the area affected by 

the proposed Federal action and the role 

of affected populations in the survival 

and recovery of L. f. ssp. grandiflora and 

Lomatium cookii. That context is then 

used to determine the significance of 

adverse and beneficial effects of the 

proposed Federal action and any 

cumulative effects for purposes of 

making the jeopardy determination. 

Adverse Modification Standard 

The key factor related to the adverse 

modification determination is whether, 

with implementation of the proposed 

Federal action, the affected critical 

habitat would continue to serve its 

intended conservation role for the 

species. Generally, the conservation role 

of Limnanthes floccosa ssp. grandiflora 

and Lomatium cookii critical habitat 

units is to support the various lifehistory needs and provide for the 

conservation of the species. Activities 

that may destroy or adversely modify 

critical habitat are those that alter the 

PCEs to an extent that appreciably 

reduces the conservation value of 

critical habitat for L. f. ssp. grandiflora 

and Lomatium cookii. 

Section 4(b)(8) of the Act requires us 

to briefly evaluate and describe in any 

proposed or final regulation that 

designates critical habitat those 

activities involving a Federal action that 

may destroy or adversely modify such 

habitat, or that may be affected by such 

designation. Activities that may destroy 

or adversely modify critical habitat may 

also jeopardize the continued existence 

of the species. 

Activities that, when carried out, 

funded, or authorized by a Federal 

agency, may affect critical habitat and 

therefore result in consultation for 

Limnanthes floccosa ssp. grandiflora 

and Lomatium cookii include, but are 

not limited to: 

(1) Actions that would result in 

ground disturbance to vernal pool– 

mounded prairie and seasonally wet 

meadow habitat. Such activities could 

include, but are not limited to: 

residential or recreational development, 

ORV activity, dispersed recreation, new 

road construction or widening, existing 

road maintenance, and incompatible 

grazing practices (such as grazing during 

the winter, when pools are wet and 

most likely to be subjected to disruption 

of the underlying clay layer). These 

activities could cause direct loss of 

Limnanthes floccosa ssp. grandiflora 

and Lomatium cookii-occupied areas, 

and affect vernal pools and wet 

meadows by damaging or eliminating 

habitat, altering soil composition due to 

increased erosion, and increasing 

densities of nonnative plant species. 

In addition, changes in soil 

composition may lead to changes in the 

vegetation composition, such as growth 

of shrub cover resulting in decreased 

density or vigor of individual 

Limnanthes floccosa ssp. grandiflora 

and Lomatium cookii plants. These 

activities may also lead to changes in 

water flows and inundation periods that 

would degrade, reduce, or eliminate the 

habitat necessary for the growth and 

reproduction of L. f. ssp. grandiflora and 

Lomatium cookii. 

(2) Actions that would significantly 

alter the hydrological regime of the 

vernal pool–mounded prairie and wet 

meadow habitat. Such activities could 

include residential or recreational 

development adjacent to meadows, ORV 

activity, dispersed recreation, new road 

construction or widening, and existing 

road maintenance. These activities 

could alter surface soil layers and 

hydrological regime in a manner that 

promotes loss of soil matrix components 

and moisture necessary to support the 

growth and reproduction of Limnanthes 

floccosa ssp. grandiflora and Lomatium 

cookii. 

(3) Actions that would significantly 

reduce pollination or seed set 

(reproduction). Such activities could 

include, but are not limited to, 


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residential or recreational development, 

and grazing or mowing prior to seed set. 

These activities could prevent 

reproduction by removal or destruction 

of reproductive plant parts. 

We consider all of the units proposed 

as critical habitat to contain the physical 

and biological features essential to the 

conservation of Limnanthes floccosa 

ssp. grandiflora and Lomatium cookii. 

All units are within the geographic 

range of the species and, with the 

possible exception of unit RV1, which 

has not been surveyed recently, are 

currently occupied by either L. f. ssp. 

grandiflora or Lomatium cookii or both. 

To ensure that their actions do not 

jeopardize the continued existence of L. 

f. ssp. grandiflora and Lomatium cookii, 

Federal agencies already consult with us 

on activities in areas currently occupied 

by the two plant species, or in 

unoccupied areas if the species may be 

affected by the action. 

Exemptions 

Application of Section 4(a)(3) of the Act 

The Sikes Act Improvement Act of 

1997 (Sikes Act) (16 U.S.C. 670a) 

required each military installation that 

includes land and water suitable for the 

conservation and management of 

natural resources to complete an 

integrated natural resources 

management plan (INRMP) by 

November 17, 2001. An INRMP 

integrates implementation of the 

military mission of the installation with 

stewardship of the natural resources 

found on the base. Each INRMP 

includes: 

• An assessment of the ecological 

needs on the installation, including the 

need to provide for the conservation of 

listed species; 

• A statement of goals and priorities; 

• A detailed description of 

management actions to be implemented 

to provide for these ecological needs; 

and 

• A monitoring and adaptive 

management plan. 

Among other things, each INRMP 

must, to the extent appropriate and 

applicable, provide for fish and wildlife 

management; fish and wildlife habitat 

enhancement or modification; wetland 

protection, enhancement, and 

restoration where necessary to support 

fish and wildlife; and enforcement of 

applicable natural resource laws. 

The National Defense Authorization 

Act for Fiscal Year 2004 (Public Law 

No. 108-136) amended the Endangered 

Species Act to limit areas eligible for 

designation as critical habitat. 

Specifically, section 4(a)(3)(B)(i) of the 

Act (16 U.S.C. 1533(a)(3)(B)(i)) now 

provides: ‘‘The Secretary shall not 

designate as critical habitat any lands or 

other geographical areas owned or 

controlled by the Department of 

Defense, or designated for its use, that 

are subject to an integrated natural 

resources management plan prepared 

under section 101 of the Sikes Act (16 

U.S.C. 670a), if the Secretary determines 

in writing that such plan provides a 

benefit to the species for which critical 

habitat is proposed for designation.’’ 

There are no Department of Defense 

lands with a completed INRMP within 

the proposed critical habitat 

designation. Therefore, there are no 

specific lands that meet the criteria for 

being exempted from the designation of 

critical habitat pursuant to section 

4(a)(3) of the Act. 

Exclusions 

Application of Section 4(b)(2) of the Act 

Section 4(b)(2) of the Act states that 

the Secretary must designate or make 

revisions to critical habitat on the basis 

of the best available scientific data after 

taking into consideration the economic 

impact, national security impact, and 

any other relevant impacts of specifying 

any particular area as critical habitat. 

The Secretary may exclude an area from 

critical habitat if he determines that the 

benefits of such exclusion outweigh the 

benefits of specifying such area as part 

of the critical habitat, unless he 

determines, based on the best scientific 

data available, that the failure to 

designate such area as critical habitat 

will result in the extinction of the 

species. In making that determination, 

the legislative history is clear that the 

Secretary has broad discretion regarding 

which factor(s) to use and how much 

weight to give to any factor. 

Under section 4(b)(2) of the Act, in 

considering whether to exclude a 

particular area from the designation, we 

must identify the benefits of including 

the area in the designation, identify the 

benefits of excluding the area from the 

designation, and determine whether the 

benefits of exclusion outweigh the 

benefits of inclusion. If, based on this 

analysis, we determine that the benefits 

of exclusion outweigh the benefits of 

inclusion, we can exclude the area only 

if such exclusion would not result in the 

extinction of the species. 

Under section 4(b)(2) of the Act, we 

must consider all relevant impacts, 

including economic impacts. In 

addition to economic impacts, we 

consider a number of factors in a section 

4(b)(2) analysis. For example, we 

consider whether there are lands owned 

by the Department of Defense (DOD) 

where a national security impact might 

exist. We also consider whether 

landowners or other public agencies 

have developed any Habitat 

Conservation Plans (HCPs) for the area, 

or whether there are conservation 

partnerships that would be encouraged 

or discouraged by designation of, or 

exclusion from, critical habitat in an 

area. In addition, we look at the 

presence of tribal lands or Tribal Trust 

resources that might be affected, and 

consider the government-to-government 

relationship of the United States with 

the tribal entities. We also consider any 

social impacts that might occur because 

of the designation. To ensure our final 

determination is based on the best 

available information, we are inviting 

comments on any foreseeable economic, 

national security, or other potential 

impacts resulting from this proposed 

designation of critical habitat from 

governmental, business, or private 

interests, and in particular, any 

potential impacts on small entities. 

We are aware of several draft and one 

final management plan on lands owned 

by public agencies. We will consider for 

exclusion under section 4(b)(2) of the 

Act any existing management plans 

located within proposed critical habitat 

units, including the BOR Agate Lake 

Management Plan, any State agency 

management plans, management plans 

on any Medford District BLM locations 

occupied by Lomatium cookii, and other 

privately or publicly managed lands 

about which we receive more 

information during the 60–day comment 

period. 

We are preparing an analysis of the 

potential economic impacts of the 

proposed designation of critical habitat 

for Limnanthes floccosa ssp. grandiflora 

and Lomatium cookii. We will 

announce the availability of the draft 

economic analysis as soon as it is 

completed, at which time we will seek 

public review and comment. At that 

time, copies of the draft economic 

analysis will be available for 

downloading from the Internet at http:// 

www.regulations.gov, or from the 

Oregon Fish and Wildlife Office (see 

FOR FURTHER INFORMATION CONTACT). We 

may exclude areas from the final rule 

based on the information in the 

economic analysis. 

At this time, we are not proposing any 

specific exclusions of areas from critical 

habitat under section 4(b)(2) of the Act 

for Limnanthes floccosa ssp. grandiflora 

and Lomatium cookii. We will consider 

any available information about areas 

covered by conservation or management 

plans that we should consider for 

exclusion from the designation under 

section 4(b)(2) of the Act including 

whether the benefit of exclusion of 


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those lands would outweigh the benefits 

of their inclusion. We specifically 

request any information on any 

operative or draft habitat conservation 

plans for L. f. ssp. grandiflora and 

Lomatium cookii that have been 

prepared under section 10(a)(1)(B) of the 

Act, or any other management or other 

conservation plans or agreements that 

benefits either plant or their PCEs. 

Peer Review 

In accordance with our joint policy 

published in the Federal Register on 

July 1, 1994 (59 FR 34270), we are 

obtaining the expert opinions of at least 

three appropriate and independent 

specialists regarding this proposed rule. 

The purpose of peer review is to ensure 

that our critical habitat designation is 

based on scientifically sound data, 

assumptions, and analyses. We have 

invited these peer reviewers to comment 

during this public comment period on 

our specific assumptions and 

conclusions in this proposed 

designation of critical habitat. 

We will consider all comments and 

information we receive during this 

comment period on this proposed rule 

during our preparation of a final 

determination. Accordingly, our final 

decision may differ from this proposal. 

Public Hearings 

The Act provides for one or more 

public hearings on this proposal, if any 

request for public hearings is received 

within 45 days of publication of this 

proposal. Send your request to the 

address listed in FOR FURTHER

INFORMATION CONTACT. We will schedule 

public hearings on this proposal, if any 

are requested, and announce the dates, 

times, and places of those hearings, as 

well as how to obtain reasonable 

accommodations, in the Federal 

Register and local newspapers at least 

15 days before the first hearing. 

Required Determinations 

Regulatory Planning and Review 

The Office of Management and Budget 

(OMB) has determined that this rule is 

not significant under Executive Order 

(E.O.) 12866. OMB bases its 

determination upon the following four 

criteria: 

1. Whether the rule will have an 

annual effect of $100 million or more on 

the economy or adversely affect an 

economic sector, productivity, jobs, the 

environment, or other units of the 

government. 

2. Whether the rule will create 

inconsistencies with other Federal 

agencies’ actions. 

3. Whether the rule will materially 

affect entitlements, grants, user fees, 

loan programs, or the rights and 

obligations of their recipients. 

4. Whether the rule raises novel legal 

or policy issues. 

Regulatory Flexibility Act (5 U.S.C. 601 

et seq.) 

Under the Regulatory Flexibility Act 

(5 U.S.C. 601 et seq., as amended by the 

Small Business Regulatory Enforcement 

Fairness Act (SBREFA) of 1996), 

whenever an agency is required to 

publish a notice of rulemaking for any 

proposed or final rule, it must prepare 

and make available for public comment 

a regulatory flexibility analysis that 

describes the effects of the rule on small 

entities (such as small businesses, small 

organizations, and small government 

jurisdictions). However, no regulatory 

flexibility analysis is required if the 

head of the agency certifies the rule will 

not have a significant economic impact 

on a substantial number of small 

entities. The SBREFA amended the 

Regulatory Flexibility Act (RFA) to 

require Federal agencies to provide a 

statement of the factual basis for 

certifying that the rule will not have a 

significant economic impact on a 

substantial number of small entities. 

At this time, the Service lacks the 

available economic information 

necessary to provide an adequate factual 

basis for the required RFA finding. 

Therefore, the RFA finding is deferred 

until completion of the draft economic 

analysis prepared pursuant to section 

4(b)(2) of the Act and E.O. 12866. This 

draft economic analysis will provide the 

required factual basis for the RFA 

finding. Upon completion of the draft 

economic analysis, the Service will 

publish a notice of availability of the 

draft economic analysis of the proposed 

designation and reopen the public 

comment period for the proposed 

designation. The Service will include 

with the notice of availability, as 

appropriate, an initial regulatory 

flexibility analysis or a certification that 

the rule will not have a significant 

economic impact on a substantial 

number of small entities accompanied 

by the factual basis for that 

determination. The Service has 

concluded that deferring the RFA 

finding until completion of the draft 

economic analysis is necessary to meet 

the purposes and requirements of the 

RFA. Deferring the RFA finding in this 

manner will ensure that the Service 

makes a sufficiently informed 

determination based on adequate 

economic information and provides the 

necessary opportunity for public 

comment. 

Unfunded Mandates Reform Act (2 

U.S.C. 1501 et seq.) 

In accordance with the Unfunded 

Mandates Reform Act (2 U.S.C. 1501), 

the Service makes the following 

findings: 

(a) This rule will not produce a 

Federal mandate. In general, a Federal 

mandate is a provision in legislation, 

statute, or regulation that would impose 

an enforceable duty upon State, local, 

tribal governments, or the private sector 

and includes both ‘‘Federal 

intergovernmental mandates’’ and 

‘‘Federal private sector mandates.’’ 

These terms are defined in 2 U.S.C. 

658(5)-(7). ‘‘Federal intergovernmental 

mandate’’ includes a regulation that 

‘‘would impose an enforceable duty 

upon State, local, or tribal governments’’ 

with two exceptions. It excludes ‘‘a 

condition of Federal assistance.’’ It also 

excludes ‘‘a duty arising from 

participation in a voluntary Federal 

program,’’ unless the regulation ‘‘relates 

to a then-existing Federal program 

under which $500,000,000 or more is 

provided annually to State, local, and 

tribal governments under entitlement 

authority,’’ if the provision would 

‘‘increase the stringency of conditions of 

assistance’’ or ‘‘place caps upon, or 

otherwise decrease, the Federal 

Government’s responsibility to provide 

funding,’’ and the State, local, or tribal 

governments ‘‘lack authority’’ to adjust 

accordingly. At the time of enactment, 

these entitlement programs were: 

Medicaid; AFDC work programs; Child 

Nutrition; Food Stamps; Social Services 

Block Grants; Vocational Rehabilitation 

State Grants; Foster Care, Adoption 

Assistance, and Independent Living; 

Family Support Welfare Services; and 

Child Support Enforcement. ‘‘Federal 

private sector mandate’’ includes a 

regulation that ‘‘would impose an 

enforceable duty upon the private 

sector, except (i) a condition of Federal 

assistance or (ii) a duty arising from 

participation in a voluntary Federal 

program.’’ 

The designation of critical habitat 

does not impose a legally binding duty 

on non-Federal government entities or 

private parties. Under the Act, the only 

regulatory effect is that Federal agencies 

must ensure that their actions do not 

destroy or adversely modify critical 

habitat under section 7. While nonFederal entities that receive Federal 

funding, assistance, or permits, or that 

otherwise require approval or 

authorization from a Federal agency for 

an action, may be indirectly affected by 

the designation of critical habitat, the 

legally binding duty to avoid 

destruction or adverse modification of 


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critical habitat rests squarely on the 

Federal agency. Furthermore, to the 

extent that non-Federal entities are 

indirectly affected because they receive 

Federal assistance or participate in a 

voluntary Federal aid program, the 

Unfunded Mandates Reform Act would 

not apply; nor would critical habitat 

shift the costs of the large entitlement 

programs listed above on to State 

governments. 

(b) We do not believe that this rule 

will significantly or uniquely affect 

small governments because small 

governments will be affected only to the 

extent that any programs having Federal 

funds, permits, or other authorized 

activities must ensure that their actions 

will not adversely affect the critical 

habitat. Therefore, a Small Government 

Agency Plan is not required. However, 

as we conduct our economic analysis, 

we will further evaluate this issue and 

revise this assessment if appropriate. 

Takings 

In accordance with E.O. 12630 

(Government Actions and Interference 

with Constitutionally Protected Private 

Property Rights), we have analyzed the 

potential takings implications of 

designating critical habitat for each of 

the two species in a takings implications 

assessment. The takings implications 

assessment concludes that this 

designation of critical habitat for 

Limnanthes floccosa ssp. grandiflora 

and Lomatium cookii does not pose 

significant takings implications for 

lands within or affected by the proposed 

designation. 

Federalism 

In accordance with E.O. 13132 

(Federalism), this proposed rule does 

not have significant Federalism effects. 

A Federalism assessment is not 

required. In keeping with Department of 

the Interior policy, we requested 

information from, and coordinated 

development of, this proposed critical 

habitat designation with appropriate 

State resource agencies in Oregon. The 

designation of critical habitat for 

Limnanthes floccosa ssp. grandiflora 

and Lomatium cookii would impose no 

additional restrictions to those currently 

in place and, therefore, would have 

little incremental impact on State and 

local governments and their activities. 

The designation may have some benefit 

to these governments because the areas 

that contain the features essential for the 

conservation of the species would be 

more clearly defined, and the primary 

constituent elements of the habitat 

necessary to the conservation of the 

species would be specifically identified. 

This information would not alter where 

and what federally sponsored activities 

may occur. However, it may assist local 

governments in long-range planning 

(rather than having them wait for caseby-case section 7 consultations to 

occur). 

Civil Justice Reform 

In accordance with E.O. 12988 (Civil 

Justice Reform), the Office of the 

Solicitor has determined that the rule 

does not unduly burden the judicial 

system and that it meets the 

requirements of sections 3(a) and 3(b)(2) 

of the Order. We have issued this 

proposed critical habitat designation in 

accordance with the provisions of the 

Act. This proposed rule identifies the 

primary constituent elements within the 

designated areas to assist the public in 

understanding the habitat needs of each 

of the species being considered in this 

proposed rule. 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501 et seq.) 

This rule does not contain any new 

collections of information that require 

approval by OMB under the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501 

et seq.). This rule will not impose 

recordkeeping or reporting requirements 

on State or local governments, 

individuals, businesses, or 

organizations. An agency may not 

conduct or sponsor, and a person is not 

required to respond to, a collection of 

information unless it displays a 

currently valid OMB control number. 

National Environmental Policy Act 

(NEPA) 

It is our position that, outside the 

jurisdiction of the United States Court of 

Appeals for the Tenth Circuit, we do not 

need to prepare environmental analyses 

as defined by NEPA (42 U.S.C. 4321 et 

seq.) in connection with designating 

critical habitat under the Act. We 

published a notice outlining our reasons 

for this determination in the Federal 

Register on October 25, 1983 (48 FR 

49244). This position was upheld by the 

United States Court of Appeals for the 

Ninth Circuit (Douglas County v. 

Babbitt, 48 F.3d 1495 (9th Cir. 1995), 

cert. denied 516 U.S. 1042 (1996)). 

Clarity of the Rule 

We are required by E.O. 12866 and 

12988 and by the Presidential 

Memorandum of June 1, 1998, to write 

all rules in plain language. This means 

that each rule we publish must: 

(a) Be logically organized; 

(b) Use the active voice to address 

readers directly; 

(c) Use clear language rather than 

jargon; 

(d) Be divided into short sections and 

sentences; and 

(e) Use lists and tables wherever 

possible. 

If you feel that we have not met these 

requirements, send us comments by one 

of the methods listed in the ADDRESSES

section. To better help us revise the 

rule, your comments should be as 

specific as possible. For example, you 

should tell us the numbers of the 

sections or paragraphs that are unclearly 

written, which sections or sentences are 

too long, the sections where you feel 

lists or tables would be useful, etc. 

Government-to-Government 

Relationship with Tribes 

In accordance with the President’s 

memorandum of April 29, 1994, 

Government-to-Government Relations 

with Native American Tribal of the 

Interior’s manual at 512 DM 2, we 

readily acknowledge our responsibility 

to communicate meaningfully with 

recognized Federal tribes on a 

government-to-government basis. In 

accordance with Secretarial Order 3206 

of June 5, 1997 (American Indian Tribal 

Rights, Federal-Tribal Trust 

Responsibilities, and the Endangered 

Species Act), we readily acknowledge 

our responsibilities to work directly 

with tribes in developing programs for 

healthy ecosystems, to acknowledge that 

tribal lands are not subject to the same 

controls as Federal public lands, to 

remain sensitive to Indian culture, and 

to make information available to tribes. 

We have determined that there are no 

tribal lands that were occupied by 

Limnanthes floccosa ssp. grandiflora 

and Lomatium cookii at the time of 

listing that contain the features essential 

for the conservation of the species, and 

no tribal lands that are in unoccupied 

areas that are essential for the 

conservation of the species. Therefore, 

this proposed designation of critical 

habitat does not involve any tribal 

lands. 

Energy Supply, Distribution, or Use 

Executive Order 13211 (Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use) requires agencies 

to prepare Statements of Energy Effects 

when undertaking certain actions. This 

proposed rule to designate critical 

habitat for Limnanthes floccosa ssp. 

grandiflora and Lomatium cookii is not 

expected to significantly affect energy 

supplies, distribution, or use. Therefore, 

this action is not a significant energy 

action, and no Statement of Energy 

Effects is required. However, we will 

further evaluate this issue as we 


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conduct our economic analysis, and 

revise this assessment as warranted. 

References Cited 

A complete list of all references cited 

in this rulemaking is available upon 

request from the State Supervisor, 

Oregon Fish and Wildlife Office (see 

FOR FURTHER INFORMATION CONTACT

section) or from http:// 

www.regulations.gov. 

Author(s) 

The primary authors of this document 

are the staff of the Roseburg Field Office 

of the Oregon Fish and Wildlife Office. 

List of Subjects in 50 CFR Part 17 

Endangered and threatened species, 

Exports, Imports, Reporting and 

recordkeeping requirements, 

Transportation. 

Proposed Regulation Promulgation 

Accordingly, we propose to amend 

part 17, subchapter B of chapter I, title 

50 of the Code of Federal Regulations, 

as set forth below: 

PART 17—[AMENDED] 

1. The authority citation for part 17 

continues to read as follows: 

Authority: 16 U.S.C. 1361–1407; 16 U.S.C. 

1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99– 

625, 100 Stat. 3500; unless otherwise noted. 

2. In § 17.12(h), revise the entries for 

Limnanthes floccosa ssp. grandiflora 

and Lomatium cookii under 

‘‘FLOWERING PLANTS’’ in the List of 

Endangered and Threatened Plants to 

read as follows: 

§ 17.12 Endangered and threatened 

plants. 

* * * * * 

(h) * * * 

Species 

Historic range Family Status When 

listed 

Critical 

habitat 

Special 

rules Scientific name Common name 

Flowering Plants 

* * * * * * * 

Limnanthes floccosa ssp. 

grandiflora 

large-flowered woolly 

meadowfoam 

U.S.A. (OR) Limnanthaceae E 733 17.96(a) NA 

* * * * * * * 

Lomatium cookii Cook’s lomatium (Cook’s 

desert parsley) 

U.S.A. (OR) Apiaceae E 733 17.96(a) NA 

* * * * * * * 

* * * * * 

3. Amend § 17.96(a) by adding an 

entry for ‘‘Lomatium cookii’’ in 

alphabetical order under Family 

Apiaceae and by adding an entry for 

‘‘Limnanthes floccosa ssp. grandiflora’’ 

in alphabetical order under Family 

Limnanthaceae to read as follows: 

§ 17.96 Critical habitat—plants. 

* * * * * 

(a) Flowering plants. 

* * * * * 

Family Apiaceae: Lomatium cookii 

(Cook’s lomatium) 

(1) Critical habitat units for Lomatium 

cookii are depicted for Jackson and 

Josephine Counties, Oregon, on the 

maps below. 

(2) The primary constituent elements 

for Lomatium cookii are: 

(i) In the Agate Desert, vernal pools 

and ephemeral wetlands and the 

adjacent upland margins of these 

depressions that hold water for a 

sufficient length of time to sustain 

Lomatium cookii germination, growth, 

and reproduction. These vernal pools or 

ephemeral wetlands support native 

plant populations and are seasonally 

inundated during wet years but do not 

necessarily fill with water every year 

due to natural variability in rainfall. 

Areas of sufficient size and quality are 

likely to have the following 

characteristics: 

(A) Elevations from 372 to 411 m 

(1,220 to 1,350 ft); 

(B) Associated dominant native plants 

including, not limited to: Alopecurus 

geniculatus, Deschampsia 

danthonioides, Eryngium petiolatum, 

Lasthenia californica, Myosurus 

minimus, Navarretia leucocephala ssp. 

leucocephala, Phlox gracilis, 

Plagiobothrys bracteatus, Trifolium 

depauperatum, and Triteleia 

hyacinthina; and 

(C) A minimum area of 8 ha (20 ac) 

to provide intact hydrology and 

protection from development and weed 

sources. 

(ii) In the Illinois River Valley, wet 

meadows in Oregon Oak and pine 

forests that are seasonally inundated 

and support native plant populations. 

Areas of sufficient size and quality are 

likely to have the following 

characteristics: 

(A) Elevations between from 383 to 

488 m (1,256 to 1,600 ft); 

(B) Associated dominant native plants 

including, not limited to Achnatherum 

lemmonii, Camassia spp., Danthonia 

californica, Deschampsia cespitosa, 

Festuca roemeri, Poa secunda, 

Ranunculus occidentalis, and 

Limnanthes gracilis var. gracilis; 

(C) Occur primarily in bottomland 

Quercus garryana–Quercus kelloggii– 

Pinus ponderosa (Oregon white oak– 

California black oak–ponderosa pine) 

forest openings along seasonal creeks; 

and 

(D) A minimum area of 12 ha (30 ac) 

to provide intact hydrology and 

protection from development and weed 

sources. 

(iii) In the Agate Desert, the 

hydrologically and ecologically 

functional system of interconnected 

pools or ephemeral wetlands or 

depressions within a matrix of 

surrounding uplands that together form 

vernal pool complexes within the 

greater watershed. The associated 

features may include the pool basin and 

ephemeral wetlands; an intact hardpan 

subsoil underlying the surface soils up 

to 0.75 m (2.5 ft); and surrounding 

uplands, including mound topography 

and other geographic and edaphic 

features that support systems of 

hydrologically interconnected pools and 

other ephemeral wetlands (which may 

vary in extent depending on sitespecific characteristics of pool size and 

depth, soil type, and hardpan depth). 

(iv) In the Illinois Valley, the 

hydrologically and ecologically 


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functional system of streams, slopes and 

wooded systems that surround and 

maintain seasonally wet alluvial 

meadows underlain by relatively 

undisturbed ultramafic soils within the 

greater watershed. 

(v) In the Agate Desert, silt, loam, and 

clay soils that are of ultramafic and 

nonultramafic alluvial origin, with a 0 

to 3 percent slope, classified as Agate– 

Winlo or Provig–Agate soils. 

(vi) In the Illinois Valley, silt, loam, 

and clay soils that are of ultramafic and 

nonultramafic alluvial origin, with a 0 

to 30 percent slope, classified as Abegg 

gravelly loam, Brockman clay loam, 

Copsey clay, Cornut–Dubakel complex, 

Dumps, Eightlar extremely stony clay, 

Evans loam, Foehlin gravelly loam, 

Josephine gravelly loam, Kerby loam, 

Newberg fine sandy loam, Pearsoll– 

Rock outcrop complex, Pollard loam, 

Riverwash, Speaker–Josephine gravelly 

loam, Takilma cobbly loam, or Takilma 

Variant extremely cobbly loam. 

(vii) No or negligible presence of 

competitive nonnative invasive plant 

species. (In this usage, ‘‘negligible’’ 

means a minimal level of nonnative 

plant species that will still allow 

Lomatium cookii to continue to survive 

and recover.) 

(3) Critical habitat does not include 

manmade structures (including, but not 

limited to, buildings, aqueducts, 

runways, roads, and other paved areas) 

and the land on which they are located 

existing within the legal boundaries on 

the effective date of this rule and not 

containing one or more of the primary 

constituent elements. 

(4) Critical habitat map units. These 

critical habitat units were mapped using 

Universal Transverse Mercator, Zone 10, 

North American Datum 1983 (UTM 

NAD 83) coordinates. These coordinates 

establish the vertices and endpoints of 

the boundaries of the units. 

(5) Note: Jackson County Index Map 

for critical habitat for Lomatium cookii 

follows: 

BILLING CODE 4310–55–S 


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(6) Unit RV6, subunits A, F, G, and H 

for Lomatium cookii: White City, 

Jackson County, Oregon. 

(i) Unit RV6 for Lomatium cookii 

consists of 608 ha (1,503 ac) of intact 

vernal pool–mounded prairie and swale 

habitats. RV6 is located around White 

City, is 1.6 km (1.0 mi) southwest of 

Eagle Point, and is 440 m (1,444 ft) 

southeast of the confluence of the Rogue 

River and Little Butte Creek. Subunit 

RV6A is located north of Whetstone 

Creek and is 500 m (1,200 ft) west of the 

junction of Highway 62 and Antelope 

Road. Subunits RV6F and RV6G are 

located approximately 500 feet west of 

Dry Creek and are east of Highway 62 

in White City. Subunit RV6H is located 

north of Whetstone Creek and south of 

Antelope Road. Subunit RV6H roughly 

encircles the Hoover Ponds, east of 

Highway 62, and is 850 m (2790 ft) east 

of subunit RV6A. 

(ii) Note: Map of Unit RV6 Critical 

Habitat for Lomatium cookii follows: 


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37342 Federal Register / Vol. 74, No. 143 / Tuesday, July 28, 2009 / Proposed Rules 

(7) Unit RV8 for Lomatium cookii: 

Whetstone Creek, Jackson County, 

Oregon. 

(i) Unit RV8 for Lomatium cookii 

consists of 362 ha (896 ac) of intact 

vernal pool–mounded prairie and swale 

habitat. Unit RV8 is located 

approximately 1.4 km (0.9 mi) southeast 

of the confluence of the Rogue River and 

Whetstone Creek, 2.2 km (1.4 mi) 

southwest of Tou Velle State Park, and 

2.9 km southeast of the confluence of 

Bear Creek and the Rogue River. The 

unit roughly parallels a 2.6 km (1.6 mi) 

stretch of Whetstone Creek to the south. 

(ii) Note: Map of Unit RV8 Critical 

Habitat for Lomatium cookii follows: 


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37344 Federal Register / Vol. 74, No. 143 / Tuesday, July 28, 2009 / Proposed Rules 

(8) Unit RV9 for Lomatium cookii: 

Medford Airport, Jackson County, 

Oregon. 

(i) Unit RV9 consists of 77 ha (190 ac) 

of slightly degraded vernal pool– 

mounded prairie habitat. The two 

subunits of RV9 are located mostly 

within the Rogue Valley International – 

Medford Airport, approximately 2 km 

(1.2 mi) west of Coker Butte and 1.5 km 

(0.9 mi) northeast of Bear Creek. 

Subunit RV9A is located 1.4 km (0.9 mi) 

north of the Rogue Valley International 

– Medford Airport and is 300 m (980 ft) 

east of the junction of Vilas Road and 

Table Rock Road. Subunit RV9B is 

between Upton Slough and Bear Creek 

and 1.7 km northeast of the junction of 

Interstate 5 and Highway 62. 

(ii) Note: Map of Unit RV9 Critical 

Habitat for Lomatium cookii follows: 


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37346 Federal Register / Vol. 74, No. 143 / Tuesday, July 28, 2009 / Proposed Rules 

(9) Note: Josephine County Index Map 

for critical habitat for Lomatium cookii 

follows: 


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Federal Register / Vol. 74, No. 143 / Tuesday, July 28, 2009 / Proposed Rules 37347 

(10) Unit IV1 for Lomatium cookii: 

Anderson Creek, Josephine County, 

Oregon. 

(i) Unit IV1 consists of 53 ha (132 ac) 

of intact wet meadow habitat. It is 

located 3.5 km (2.2 mi) north of Selma, 

14 km (8.8 mi) north of Cave Junction, 

along a 1.0 km (0.6 mi) stretch of 

Anderson Creek and Highway 199, 2.0 

km (1.2 mi) southwest of Hays Hill 

Summit, and is 1.7 km (1.0 mi) 

northwest of the junction of Draper 

Valley Road and Indian Creek Road. 

(ii) Note: Map of Unit IV1 Critical 

Habitat for Lomatium cookii follows: 


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Federal Register / Vol. 74, No. 143 / Tuesday, July 28, 2009 / Proposed Rules 37349 

(11) Unit IV2 for Lomatium cookii: 

Draper Creek, Josephine County, 

Oregon. 

(i) Unit IV2 is composed of 39 ha (97 

ac) of intact wet meadow habitat. It is 

located 2.7 km (1.7 mi) northeast of 

Selma, 13.5 km (8.4 mi) north of Cave 

Junction, along a 900 m (2,900 ft) stretch 

of Draper Creek, located 800 m (2,600 ft) 

east of Anderson Creek. The unit is 800 

m (2,600 ft) north-northwest of the 

confluence of Draper Creek and Davis 

Creek and is 200 m (650 ft) southeast of 

the junction of Draper Valley Road and 

Indian Creek Road. 

(ii) Note: Map of Unit IV2 Critical 

Habitat for Lomatium cookii follows: 


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Federal Register / Vol. 74, No. 143 / Tuesday, July 28, 2009 / Proposed Rules 37351 

(12) Unit IV3 for Lomatium cookii: 

Reeves Creek North, Josephine County, 

Oregon. 

(i) Unit IV3 consists of 105 ha (260 ac) 

of wet meadow habitat. The unit is 

located 1.4 km (0.9 mi) east of the 

confluence between Reeves Creek and 

the Illinois River and extends along a 

2.0 km (1.2 mi) stretch of Reeves Creek, 

beginning 800 m (2,600 ft) northeast of 

the junction of Highway 199 and Reeves 

Creek Road. 

(ii) Note: Map of Unit IV3 Critical 

Habitat for Lomatium cookii follows: 


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Federal Register / Vol. 74, No. 143 / Tuesday, July 28, 2009 / Proposed Rules 37353 

(13) Unit IV4 for Lomatium cookii: 

Reeves Creek East, Josephine County, 

Oregon. 

(i) Unit IV4 consists of 69 ha (170 ac) 

of intact wet meadow habitat. It is 

located 6.2 km (3.9 mi) south of Selma 

and 5.3 km (3.3 mi) northwest of Cave 

Junction. It occurs along a 500 m (1,640 

ft) stretch of Reeves Creek located 700 

m (2,300 ft) southeast of Unit IV3. 

(ii) Note: Map of Unit IV4 Critical 

Habitat for Lomatium cookii follows: 


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Federal Register / Vol. 74, No. 143 / Tuesday, July 28, 2009 / Proposed Rules 37355 

(14) Unit IV5 for Lomatium cookii: 

Reeves Creek South, Josephine County, 

Oregon. 

(i) Unit IV5 consists of 158 ha (391 ac) 

of intact wet meadow habitat. The unit 

is roughly parallel to Highway 199 for 

2.5 km (1.6 mi), which is 500 m (1,640 

ft) west of the unit. The unit is located 

1.6 km (1.0 mi) north of Cave Junction, 

1 km (0.6 mi) southeast of Sauers Flat, 

800 m (2,600 ft) east of Kerby, and 1.2 

km (0.7 mi) east of the confluence 

between Holton Creek and the Illinois 

River. 

(ii) Note: Map of Unit IV5 Critical 

Habitat for Lomatium cookii follows: 


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Federal Register / Vol. 74, No. 143 / Tuesday, July 28, 2009 / Proposed Rules 37357 

(15) Unit IV6 for Lomatium cookii: 

Laurel Road, Josephine County, Oregon. 

(i) Unit IV6 totals 209 ha (516 ac) of 

intact wet meadow habitat. It is located 

west and alongside of the base of Lime 

Rock, 1.2 km (0.7 mi) east of the city of 

Cave Junction, and follows along 

Highway 46 for 1.5 km (0.9 mi). Subunit 

IV6A is located 1.3 km (0.8 mi) west of 

Lime Rock summit, 1.0 km east of the 

junction of Laurel Road and Highway 

199, and is roughly parallel to Highway 

199 for 1.3 km (0.8 mi), which lies 

approximately 1.0 km (0.6 mi) west of 

the subunit. Subunit IV6B is 2.7 km (1.7 

mi) east of the confluence of the east 

and west forks of the Illinois River and 

from the intersection of Holland Loop 

Road and Highway 46; it extends 

approximately 1.8 km (1.1 mi) to the 

northeast and 2.7 km (1.7 mi) to the 

north. 

(ii) Note: Map of Unit IV6 Critical 

Habitat for Lomatium cookii follows: 


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Federal Register / Vol. 74, No. 143 / Tuesday, July 28, 2009 / Proposed Rules 37359 

(16) Unit IV7 for Lomatium cookii: 

Illinois River Forks State Park, 

Josephine County, Oregon. 

(i) Unit IV7 consists of 55 ha (136 ac) 

of intact wet meadow habitat. The unit 

is located 500 m (1640 ft) west of the 

city of Cave Junction, 600 m (1,970 ft) 

southeast of Pomeroy Dam, and is 230 

m (750 ft) east of the confluence of the 

east and west forks of the Illinois River. 

The unit occurs along a 2.8 km (1.7 mi) 

stretch of the West Fork Illinois River. 

(ii) Note: Map of Unit IV7 Critical 

Habitat for Lomatium cookii follows: 


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Federal Register / Vol. 74, No. 143 / Tuesday, July 28, 2009 / Proposed Rules 37361 

(17) Unit IV8 for Lomatium cookii: 

Woodcock Mountain, Josephine County, 

Oregon. 

(i) Unit IV8 consists of 347.5 ha (859 

ac) of intact wet meadow habitat. The 

unit is located 2.4 km (1.5 mi) 

southwest of the city of Cave Junction, 

5.3 km (3.3 mi) north of O’Brien, is 140 

m (ft) west of the confluence of 

Woodcock Creek and the West Fork 

Illinois River, and occurs along a 3.3 km 

(2.0 mi) stretch of West Side Road. Unit 

IV7 is 400 m (ft) west of Highway 199 

and roughly parallels the highway for 

5.0 km (3.1 mi). 

(ii) Note: Map of Unit IV8 Critical 

Habitat for Lomatium cookii follows: 


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Federal Register / Vol. 74, No. 143 / Tuesday, July 28, 2009 / Proposed Rules 37363 

(18) Unit IV9 for Lomatium cookii: 

Riverwash, Josephine County, Oregon. 

(i) Unit IV9 consists of 12 ha (30 ac) 

of intact wet meadow and streambank 

habitat. It is located 4.2 km (2.6 mi) 

south of Cave Junction, 6.1 km (3.8 mi) 

north-northeast of O’Brien, and is 

located along the east bend of the West 

Fork Illinois River, 700 m (2,300 ft) 

south (upstream) of the confluence 

between Woodcock Creek and the West 

Fork Illinois River. 

(ii) Note: Map of Unit IV9 Critical 

Habitat for Lomatium cookii follows: 


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Federal Register / Vol. 74, No. 143 / Tuesday, July 28, 2009 / Proposed Rules 37365 

(19) Unit IV10 for Lomatium cookii: 

French Flat North, Josephine County, 

Oregon. 

(i) Unit IV10 consists of 44.5 ha (110 

ac) of intact wet meadow habitat. The 

unit is located 3.7 km (2.3 mi) south of 

Cave Junction, 900 m (2,950 ft) north of 

the intersection of Sherrier Drive and 

Raintree Drive, 1.7 km (1.1 mi) 

southwest of the confluence of Althouse 

Creek and the East Fork Illinois River, 

and parallels a 300 m (980 ft) stretch of 

Rockydale Road. 

(ii) Note: Map of Unit IV10 Critical 

Habitat for Lomatium cookii follows: 


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(20) Unit IV11 for Lomatium cookii: 

Rough and Ready Creek, Josephine 

County, Oregon. 

(i) Unit IV11 consists of 61.5 ha (152 

ac) of intact wet meadow habitat. The 

unit roughly follows along and is 

adjacent to a 1.9 km (1.2 mi) stretch of 

Airport Drive, is located 3 km (1.9 mi) 

north of O’Brien, 900 m (2,950 ft) west 

of the Rough and Ready Forest Wayside 

State Park, and is 122 m (400 ft) east of 

the confluence with the Illinois River 

and Rough and Ready Creek. 

(ii) Note: Map of Unit IV11 Critical 

Habitat for Lomatium cookii follows: 


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(21) Unit IV12 for Lomatium cookii: 

French Flat Middle, Josephine County, 

Oregon. 

(i) Unit IV12 consists of 617 ha (1,524 

ac) of intact wet meadow habitat. The 

unit is located 4.5 km (2.8 mi) east of 

Cave Junction, 3.7 km (2.3 mi) northeast 

of O’Brien, 140 m (460 ft) north of 

Esterly Lakes, 1.4 km (0.9 mi) northeast 

of Indian Hill, 300 m (960 ft) east of the 

confluence of Rough and Ready Creek 

and the West Fork Illinois River, and 

follows along a 5.0 km (3.1 mi) stretch 

of Rockydale Road. 

(ii) Note: Map of Unit IV12 Critical 

Habitat for Lomatium cookii follows: 


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Federal Register / Vol. 74, No. 143 / Tuesday, July 28, 2009 / Proposed Rules 37371 

(22) Unit IV13 for Lomatium cookii: 

Indian Hill, Josephine County, Oregon. 

(i) Unit IV13 consists of 18 ha (45 ac) 

of intact wet meadow habitat. The unit 

is located adjacent to and lies east of a 

900 m (2,950 ft) stretch of the West Fork 

Illinois River, located approximately 

300 m south (upstream) of the 

confluence of Rough and Ready Creek 

and the West Fork Illinois River. The 

unit is 1.8 km (1.1 mi) northeast of 

O’Brien and is 350 m (1,150 ft) 

northwest of Indian Hill. 

(ii) Note: Map of Unit IV13 Critical 

Habitat for Lomatium cookii follows: 


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(23) Unit IV14 for Lomatium cookii: 

Waldo, Josephine County, Oregon. 

(i) Unit IV14 consists of 40 ha (100 ac) 

of intact wet meadow habitat. The unit 

is located 3.4 km (2.1 mi) east-southeast 

O’Brien, 230 m (750 ft) west of Waldo, 

2.4 km (1.5 mi) southeast of Indian Hill, 

and is 1.5 km (0.9 mi) southwest of 

Esterly Lakes. 

(ii) Note: Map of Unit IV14 Critical 

Habitat for Lomatium cookii follows: 


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* * * * * 

Family Limnanthaceae: Limnanthes 

floccosa ssp. grandiflora (large-flowered 

woolly meadowfoam) 

(1) Critical habitat units for 

Limnanthes floccosa ssp. grandiflora are 

depicted for Jackson County, Oregon, on 

the maps below. 

(2) The primary constituent elements 

for Limnanthes floccosa ssp. grandiflora 

are: 

(i) Vernal pools or ephemeral 

wetlands and the adjacent upland 

margins of these depressions that hold 

water for a sufficient length of time to 

sustain Limnanthes floccosa ssp. 

grandiflora germination, growth, and 

reproduction, occurring in the Agate 

Desert vernal pool landscape. These 

vernal pools or ephemeral wetlands are 

seasonally inundated during wet years 

but do not necessarily fill with water 

every year due to natural variability in 

rainfall, and support native plant 

populations. Areas of sufficient size and 

quality are likely to have the following 

characteristics: 

(A)Elevations from 372 to 469 m 

(1,220 to 1,540 ft); 

(B)Associated dominant native plants 

including, not limited to: Alopecurus 

geniculatus, Deschampsia 

danthonioides, Eryngium petiolatum, 

Lasthenia californica, Myosurus 

minimus, Navarretia leucocephala ssp. 

leucocephala, Phlox gracilis, 

Plagiobothrys bracteatus, Trifolium 

depauperatum, and Triteleia 

hyacinthine; and 

(C)A minimum area of 8 ha (20 ac) to 

provide intact hydrology and protection 

from development and weed sources. 

(ii) The hydrologically and 

ecologically functional system of 

interconnected pools or ephemeral 

wetlands or depressions within a matrix 

of surrounding uplands that together 

form vernal pool complexes within the 

greater watershed. The associated 

features may include the pool basin or 

depressions; an intact hardpan subsoil 

underlying the surface soils up to 0.75 

m (2.5 ft); and surrounding uplands, 

including mound topography and other 

geographic and edaphic features, that 

support these systems of hydrologically 

interconnected pools and other 

ephemeral wetlands (which may vary in 

extent depending on site-specific 

characteristics of pool size and depth, 

soil type and hardpan depth). 

(iii) Silt, loam, and clay soils that are 

of alluvial origin, with a 0 to 3 percent 

slope, primarily classified as AgateWinlo complex soils, but also including 

Coker clay, Carney clay, Provig-Agate 

complex soils, and Winlo very gravelly 

loam soils. 

(iv) No or negligible presence of 

competitive nonnative invasive plant 

species. (In this usage, ‘‘negligible’’ 

means a minimal level of nonnative 

plant species that will still allow 

Limnanthes floccosa ssp. grandiflora to 

continue to survive and recover.) 

(3) Critical habitat does not include 

manmade structures (including, but not 

limited to, buildings, aqueducts, 

runways, roads, and other paved areas) 

and the land on which they are located 

existing within the legal boundaries on 

the effective date of this rule and not 

containing one or more of the primary 

constituent elements. 

(4) Critical habitat unit maps. These 

critical habitat units were mapped using 

Universal Transverse Mercator, Zone 10, 

North American Datum 1983 (UTM 

NAD 83) coordinates. These coordinates 

establish the vertices and endpoints of 

the boundaries of the units. 

(5) Note: Index Map for critical habitat 

for Limnanthes floccosa ssp. grandiflora 

in Jackson County, Oregon, follows: 


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Federal Register / Vol. 74, No. 143 / Tuesday, July 28, 2009 / Proposed Rules 37377 

(6) Unit RV1 for Limnanthes floccosa 

ssp. grandiflora: Shady Cove, Jackson 

County, Oregon. 

(i) Unit RV1 consists of approximately 

8 ha (20 ha) of intact vernal pool– 

mounded prairie habitat. The unit is 

located 460 m (1,500 ft) west of 

Highway 62 and parallels a 430 m (ft) 

stretch of the highway. The unit is 0.8 

km (0.5 mi) south of Shady Cove, 1.3 km 

(0.8 mi) northeast of Takelma Park, and 

is 122 m (400 ft) east of the Rogue River. 

(ii) Note: Map of Unit RV1 Critical 

Habitat for Limnanthes floccosa ssp. 

grandiflora follows: 


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Federal Register / Vol. 74, No. 143 / Tuesday, July 28, 2009 / Proposed Rules 37379 

(7) Unit RV2 for Limnanthes floccosa 

ssp. grandiflora: Hammel Road, Jackson 

County, Oregon. 

(i) Unit RV 2 consists of 

approximately 84 ha (207 ac) of intact 

vernal pool–mounded prairie. The unit 

located 1.2 km (0.75 mi) northeast of the 

confluence of Reese Creek and the 

Rogue River, 1.3 km (0.8 mi) west of 

Highway 62, and 430 m (1,400 ft) east 

of the Rogue River. 

(ii) Note: Map of Unit RV2 Critical 

Habitat for Limnanthes floccosa ssp. 

grandiflora follows: 


sroberts on DSKD5P82C1PROD with PROPOSALS
37380 Federal Register / Vol. 74, No. 143 / Tuesday, July 28, 2009 / Proposed Rules 


sroberts on DSKD5P82C1PROD with PROPOSALSEP28jy09.021</GPH>
Federal Register / Vol. 74, No. 143 / Tuesday, July 28, 2009 / Proposed Rules 37381 

(8) Unit RV3 for Limnanthes floccosa 

ssp. grandiflora: North Eagle Point, 

Jackson County, Oregon. 

(i) Unit RV3 is composed of four 

subunits and totals 538.5 ha (1,331 ac) 

of intact vernal pool habitat. The unit is 

located southwest of Mosser Mountain 

and northeast of Long Mountain. The 

four subunits loosely follow a 6.9 km 

(4.3 mi) stretch of Hog Creek beginning 

at its origin. Originating 3.8 km (2.4 mi) 

east of Highway 62 in subunit RV3D, 

Hog Creek runs through RV3C, crosses 

Highway 62, flows between RV3B 

(located 100 m (328 ft) west of Highway 

62) and RV3A (located 600 m (1,970 ft) 

west of Highway 62), before emptying 

into the Rogue River after 2.4 km (1.5 

mi). Subunit RV3A is located 560 m 

(1,837 ft) southeast of the confluence of 

Reese Creek and the Rogue River. 

Subunit RV3B is located 100 m (328 ft) 

west of Highway 62 at the intersection 

of Ball Road and extends along an 835 

m (2,740 ft) stretch of Hog Creek. 

Subunit RV3C is located 2 km (1.2 mi) 

north of Eagle Point (see Index map) and 

extends 2.6 km (1.6 mi) south of the 

junction of Ball Road and Reese Creek 

Road. Subunit RV3D is located 3.2 km 

(2 mi) east of Long Mountain and is 2.4 

km (1.5 mi) southeast of the junction of 

Highway 62 and Ball Road. It extends 

along a 1.8 km (1.1 mi) stretch of Hog 

Creek. 

(ii) Note: Map of Unit RV3 Critical 

Habitat for Limnanthes floccosa ssp. 

grandiflora follows: 


sroberts on DSKD5P82C1PROD with PROPOSALS
37382 Federal Register / Vol. 74, No. 143 / Tuesday, July 28, 2009 / Proposed Rules 


sroberts on DSKD5P82C1PROD with PROPOSALSEP28jy09.022</GPH>
Federal Register / Vol. 74, No. 143 / Tuesday, July 28, 2009 / Proposed Rules 37383 

(9) Unit RV4 for Limnanthes floccosa 

ssp. grandiflora: Rogue Plains, Jackson 

County, Oregon. 

(i) Unit RV4 consists of 245 ha (605 

ac) of intact vernal pool–mounded 

prairie habitat. The unit is located 122 

m (400 ft) southeast of the junction of 

Highway 234 and Modoc Road. It 

extends 2 km (1.2 mi) south along 

Modoc Road from the intersection, is 

located 1.4 km (0.87 mi) southwest of 

Dodge Bridge, and 1.0 km (0.6 mi) 

northwest of Rattlesnake Rapids on the 

Rogue River. 

(ii) Note: Map of Unit RV4 Critical 

Habitat for Limnanthes floccosa ssp. 

grandiflora follows: 


sroberts on DSKD5P82C1PROD with PROPOSALS
37384 Federal Register / Vol. 74, No. 143 / Tuesday, July 28, 2009 / Proposed Rules 


sroberts on DSKD5P82C1PROD with PROPOSALSEP28jy09.023</GPH>
Federal Register / Vol. 74, No. 143 / Tuesday, July 28, 2009 / Proposed Rules 37385 

(10) Unit RV5 for Limnanthes floccosa 

ssp. grandiflora: Table Rock Terrace, 

Jackson County, Oregon. 

(i) Unit RV5 includes 49.5 ha (122 ac) 

of intact vernal pool–mounded prairie 

habitat. The unit is located on privately 

owned land 670 m (2,200 ft) north of the 

junction of Modoc and Antioc Roads, is 

1.4 km (0.9 mi) east of Upper Table 

Rock, and 650 m (2,300 ft) west of the 

Rogue River. This unit follows along an 

800 m (2,600 ft) stretch of Modoc Road 

to the east of the unit and a 700 m (2,300 

ft) stretch of Antioc Road to the west of 

the unit. 

(ii) Note: Map of Unit RV5 Critical 

Habitat for Limnanthes floccosa ssp. 

grandiflora follows: 


sroberts on DSKD5P82C1PROD with PROPOSALS
37386 Federal Register / Vol. 74, No. 143 / Tuesday, July 28, 2009 / Proposed Rules 


sroberts on DSKD5P82C1PROD with PROPOSALSEP28jy09.024</GPH>
Federal Register / Vol. 74, No. 143 / Tuesday, July 28, 2009 / Proposed Rules 37387 

(11) Unit RV6 for Limnanthes floccosa 

ssp. grandiflora: White City, Jackson 

County, Oregon. 

(i) Unit RV6 for Limnanthes floccosa 

ssp. grandiflora is 848 ha (2,095 ac) in 

size and includes intact vernal pool– 

mounded prairie and swale habitats. 

The unit is located around White City, 

is 1.6 km (1.0 mi) southwest of Eagle 

Point, and is 440 m (1,444 ft) southeast 

of the confluence of the Rogue River and 

Little Butte Creek. Subunit RV6A is 

located north of Whetstone Creek and is 

500 m (1,200 ft) west of the junction of 

Highway 62 and Antelope Road. 

Subunits RV6B, RV6C, RV6D, and RV6E 

are located north of Avenue G in White 

City, south of Little Butte Creek, and 

670 m (2,200 ft) southwest of Antelope 

Creek. Subunits RV6F and RV6G are 

located approximately 500 feet west of 

Dry Creek and are east of Highway 62 

in White City. Subunit RV6H is located 

north of Whetstone Creek and south of 

Antelope Road. Subunit RV6H roughly 

encircles the Hoover Ponds, east of 

Highway 62, and is 850 m (2790 ft) east 

of subunit RV6A. 

(ii) Note: Map of Unit RV6 Critical 

Habitat for Limnanthes floccosa ssp. 

grandiflora follows: 


sroberts on DSKD5P82C1PROD with PROPOSALS
37388 Federal Register / Vol. 74, No. 143 / Tuesday, July 28, 2009 / Proposed Rules 


sroberts on DSKD5P82C1PROD with PROPOSALSEP28jy09.025</GPH>
Federal Register / Vol. 74, No. 143 / Tuesday, July 28, 2009 / Proposed Rules 37389 

(12) Unit RV7: for Limnanthes 

floccosa spp. grandiflora: Agate Lake, 

Jackson County, Oregon. 

(i) Unit RV7 consists of 426 ha (1,053 

ac) of intact vernal pool–mounded 

prairie and swale habitat. The unit is 

located 500 m (1,640 ft) east of the Agate 

Reservoir, along a 5.4-km (3.4-mi) 

stretch roughly parallel and between 

Dry Creek and Antelope Creek, is 330 m 

(1,080 ft) north of Tater Hill, and is 1.4 

km (0.9 mi) southeast of the confluence 

of Dry Creek and Antelope Creek. 

(ii) Note: Map of Unit RV7 Critical 

Habitat for Limnanthes floccosa ssp. 

grandiflora follows: 


sroberts on DSKD5P82C1PROD with PROPOSALS
37390 Federal Register / Vol. 74, No. 143 / Tuesday, July 28, 2009 / Proposed Rules 


sroberts on DSKD5P82C1PROD with PROPOSALSEP28jy09.026</GPH>
Federal Register / Vol. 74, No. 143 / Tuesday, July 28, 2009 / Proposed Rules 37391 

(13) Unit RV8 for Limnanthes floccosa 

ssp. grandiflora: Whetstone Creek, 

Jackson County, Oregon. 

(i) Unit RV8 consists of 362.5 ha (896 

ac) of intact vernal pool–mounded 

prairie and swale habitat. The unit is 

located approximately 1.4 km (0.9 mi) 

southeast of the confluence of the Rogue 

River and Whetstone Creek, 2.2 km (1.4 

mi) southwest of Tou Velle State Park, 

and 2.9 km southeast of the confluence 

of Bear Creek and the Rogue River. The 

unit roughly parallels a 2.6 km (1.6 mi) 

stretch of Whetstone Creek to the south. 

(ii) Note: Map of Unit RV8 Critical 

Habitat for Limnanthes floccosa ssp. 

grandiflora follows: 


sroberts on DSKD5P82C1PROD with PROPOSALS
37392 Federal Register / Vol. 74, No. 143 / Tuesday, July 28, 2009 / Proposed Rules 

* * * * * Dated: July 13, 2009 

Jane Lyder 

Deputy Assistant Secretary for Fish and 

Wildlife and Parks 

[FR Doc. E9–17522 Filed 7–27–09; 8:45 am] 

BILLING CODE 4310–55–C 


sroberts on DSKD5P82C1PROD with PROPOSALSEP28jy09.027</GPH>