[Federal Register Volume 75, Number 139 (Wednesday, July 21, 2010)]
[Rules and Regulations]
[Pages 42489-42570]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-17324]



[[Page 42489]]

-----------------------------------------------------------------------

Part II





Department of the Interior





-----------------------------------------------------------------------



Fish and Wildlife Service



-----------------------------------------------------------------------



50 CFR Part 17



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

Federal Register / Vol. 75, No. 139 / Wednesday, July 21, 2010 / 
Rules and Regulations

[[Page 42490]]


-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[Docket No. FWS-R1-ES-2009-0046]
[MO 92210-0-0009 B4]
RIN 1018-AW21


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

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: We, the U.S. Fish and Wildlife Service (Service), designate 
critical habitat for two plants, Limnanthes floccosa ssp. grandiflora 
(large-flowered woolly meadowfoam) and Lomatium cookii (Cook's 
lomatium, Cook's desert parsley) under the Endangered Species Act of 
1973, as amended (Act). We are designating 2,363 hectares (ha) (5,840 
acres (ac)) in Jackson County, Oregon, as critical habitat for 
Limnanthes floccosa ssp. grandiflora and 2,545 ha (6,289 ac) in Jackson 
and Josephine Counties, Oregon, as critical habitat for Lomatium 
cookii. Excluding overlapping critical habitat units for the two 
species, a total of approximately 4,018 ha (9,930 ac) located in 
Jackson and Josephine Counties, Oregon, fall within the boundaries of 
the critical habitat designation.

DATES: This final rule becomes effective on August 20, 2010.

ADDRESSES: This final rule and final economic analysis are available on 
the Internet at http://www.regulations.gov; maps of critical habitat 
are available at http://criticalhabitat.fws.gov. Supporting 
documentation we used in preparing this final rule is available for 
public inspection, by appointment, during normal business hours, at the 
U.S. Fish and Wildlife Service, Oregon Fish and Wildlife Office, 2600 
SE 98\th\ Ave., Portland, OR 97266; telephone 503-231-6179; facsimile 
503-231-6195.

FOR FURTHER INFORMATION CONTACT: Paul Henson, State Supervisor, U.S. 
Fish and Wildlife Service, Oregon Fish and Wildlife Office, 2600 SE 
98\th\ 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: 

Background

    It is our intent to discuss only those topics directly relevant to 
the development and designation of critical habitat for Limnanthes 
floccosa ssp. grandiflora and Lomatium cookii in this final rule. For 
additional detailed information on the taxonomy, biology, and ecology 
of these species, please refer to the final listing rule published in 
the Federal Register on November 7, 2002 (67 FR 68004), and the Draft 
Recovery Plan for Listed Species of the Rogue Valley Vernal Pool and 
Illinois River Valley Wet Meadow Ecosystems (USFWS 2006, pp. II-1 to 
II-17). Information on the associated draft economic analysis for the 
proposed rule to designate critical habitat was published in the 
Federal Register on January 12, 2010 (75 FR 1568).
Species Description, Life History, Distribution, Ecology, and Habitat
    Limnanthes floccosa ssp. grandiflora, commonly known as large-
flowered woolly meadowfoam, and Lomatium cookii, commonly known as 
Cook's lomatium or Cook's desert parsley, are endemic to seasonal 
wetland habitats of southwestern Oregon. Limnanthes floccosa 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 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 drier vernal pools.
    The substrate underlying the vernal pool topography in the Middle 
Rogue River Valley is primarily a Pleistocene outwash alluvium (mud, 
silt, and sand deposited by flowing water) deposited in what has become 
a deep bench or terrace above the current floodplain (Elliot and 
Sammons 1996). The alluvium is composed of a matrix of gravels and 
clay, 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, Limnanthes 
floccosa ssp. grandiflora and Lomatium cookii occur on alluvial soils, 
primarily mapped as Agate-Winlo complex soils, but may also be found on 
mapped Coker clay and Provig-Agate complex soils with 0 to 3 percent 
slopes. Limnanthes floccosa 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 Rogue River Valley, the two plants are associated with 
microhabitats occupied by mostly annual native forbs and graminoids 
(grass-like plants), including Alopecurus saccatus (Pacific 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).
    Native bunchgrass communities that historically occurred in the 
Rogue River Valley and supported Lomatium cookii habitat included 
Achnatherum lemmonii (Lemmon's needlegrass), Festuca roemeri var. 
klamathensis (Klamath Roemer's fescue), and Poa secunda (rough 
bluegrass). The vernal pool habitat occupied by Limnanthes floccosa 
ssp. grandiflora in the Rogue River Valley ranges from 372 to 469 m 
(1,220 to 1,540 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 those in the Rogue River Valley in both 
soil composition and soil depth. Lomatium cookii occurs on 17 mapped 
soil types in the Illinois

[[Page 42491]]

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 the parent material 
for serpentine rock formations, once the rock has undergone excessive 
heat and pressure through geologic processes. The soils derived from 
serpentine rock give rise to unusual and rare associations of endemic 
plants that are tolerant of extremely toxic soil conditions. Serpentine 
rock is low in calcium and silica, low in many plant nutrients, and 
high in iron and magnesium (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).
    Habitat occupied by Lomatium cookii in the Illinois River Valley 
includes seasonally wet grassland meadows, flats and slopes in mixed 
oak-conifer and oak-madrone forested meadows, streambanks, roadside 
edges, or forest openings. Such habitats are dominated by native 
grasses, including: Danthonia californica (California oatgrass), Poa 
secunda, Deschampsia cespitosa (tufted hairgrass), Festuca roemeri var. 
klamathensis, Achnatherum lemmonii, 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. Lomatium 
cookii also occurs in shrubby habitat composed of Ceanothus cuneatus 
(wedge-leaf buckbrush) and Arctostaphylos viscida (whiteleaf 
manzanita). Widely spaced, large pine trees are characteristic of the 
open meadow habitat with mixed pine and oak woodlands occurring along 
seasonal creeks.
    Lomatium cookii populations are generally found in areas that still 
have relatively intact habitat components, although remnant populations 
are often found in areas with or adjacent to mining, agricultural 
development, residential or commercial development, and grazing 
activities (Oregon Natural Heritage Information Center (ONHIC) database 
2008).
    Land uses associated with the largest, more contiguous populations 
of Limnanthes floccosa ssp. grandiflora and Lomatium cookii are vernal 
pool habitats managed specifically for conservation or 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 2.3 ha (7 ac) (R. Russell, pers. comm. 
2004; S. Friedman, pers. obs. 2009). Within grazed properties, small, 
isolated patches of Limnanthes floccosa ssp. grandiflora often continue 
to persist, perhaps due to suppression of the thatch layer from 
invasive, nonnative grasses (Meyers 2008, pp. 1-48; Wildlands, Inc. 
2008, p. 1; Borgias 2004, p. 42).
    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). For example, Borgias (2004, p. 34) observed that, after several 
years without grazing or 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. In the 
Illinois River Valley, 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).
Threats
    Threats to Limnanthes floccosa ssp. grandiflora and Lomatium cookii 
in the Rogue River Valley include habitat impacts resulting from: 
residential, urban, and commercial development; aggregate and mineral 
mining; agricultural development (including leveling, ditching, 
tilling, and stock pond construction or water impoundments); road 
construction and maintenance; off-road vehicle (ORV) use that affects 
surface hydrology; vandalism (related to ORV use); incompatible grazing 
practices; and encroachment by nonnative plants (67 FR 68004, November 
7, 2002).
    The habitat impacts resulting from residential, urban, 
agricultural, mining, and commercial development 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 development, mining, 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 on for reproduction and survival. 
Incompatible agricultural practices, including some timber management 
and crop management, can alter hydrology, directly affect plants with 
equipment, allow nonnative thatch to accumulate due to excessive 
grazing rest, and stifle plant growth, or indirectly affect plants as a 
result of road construction. Road construction can fragment 
populations, alter hydrology, or cover plants with fill material, 
resulting in degradation of habitat and direct loss of plants.
    The effects of gold mining operations threaten approximately 10 
percent of the federally owned portion of Lomatium cookii habitat in 
the Illinois River Valley, and if existing mining claims on Bureau of 
Land Management (BLM) lands are pursued, habitat damage would increase 
beyond 20 percent. The effects of mining activities can result in 
direct habitat loss for the species and limit recovery. Indirect 
effects from mining operations could also occur due to off-site 
activities such as road construction, which are likely to alter 
hydrologic cycles at Lomatium cookii habitat sites. These changes could 
cause seasonally saturated soils to drain and could impede seed 
germination or lead to death of seedlings and mature plants (67 FR 
68004, November 7, 2002). However, remnant patches of Lomatium cookii 
do occasionally persist near mining sites.
    Under the Federal Land Policy and Management Act (43 U.S.C. 1701 et 
seq.) and the National Environmental Policy Act (NEPA; 42 U.S.C. 4321 
et seq.), the BLM requires permits and public review for ``Plan Level'' 
mining activities (greater than 5 ac (2 ha)) on Federal lands. The Code 
of Federal Regulations (43 CFR 3590) allows Federal agencies to deny a 
permit which could result in irreparable damages to significant 
resources (including endangered and threatened species) that cannot be 
mitigated. Several Lomatium cookii occurrences and suitable habitat 
occur on BLM Areas of Critical Environmental Concern (ACECs). There are 
several ACECs where we are designating critical habitat for Lomatium 
cookii, including:

[[Page 42492]]

Rough and Ready, French Flat, and portions of the new proposed Waldo 
Takilma ACEC. Any proposed mining actions in an ACEC requires a ``Plan 
Level'' operation plan, which receives public input through the NEPA 
process.
    Vandalism in the form of intentional disregard or dismantling of 
signage or fencing intended to protect certain wetland areas from 
unauthorized ORV use, and subsequent damage resulting from that use, 
can result in negative effects on the hydrology of the habitat for the 
two plant species (for example, by penetrating the duripan layer, 
resulting in drainage).
    The effect of grazing on suitable habitat depends on how the 
grazing is managed. There is conflicting information showing that 
certain grazing practices can affect native plant species' richness 
(Marty 2004, p. 1629). Marty's (2004, pp. 1629-1630) study indicates 
that wet season grazing resulted in a decrease of native forb species 
at vernal pool edge habitat, the habitat typically occupied by 
Limnanthes floccosa ssp. grandiflora. However, the study goes on to 
mention that continuous grazing was reported to increase species' 
richness and native plant cover in this edge habitat. In a grazing 
report prepared for the Service, Borgias (2004, p. 34) mentions that at 
one site in Jackson County, year-round cattle and horse grazing is 
practiced, and it appears to allow survival and even proliferation of 
Lomatium cookii. In their study of 17 to 25 sites, Hayes and Holl (2003 
p. 1697) indicate the number of native forb species was greater in 
ungrazed sites than grazed sites. Brock (1987, p. 30) contends that 
historical grazing practices fragmented and extirpated Lomatium cookii 
throughout much of the Rogue River Valley, based on his observations of 
the dominance of nonnative annual grasses in the area and the disparate 
occurrences of Lomatium cookii patches. There appear to be instances 
where some grazing practices can have both beneficial and negative 
impacts on suitable habitat for Limnanthes floccosa ssp. grandiflora 
and Lomatium cookii.
    Examples of incompatible grazing practices could include wet season 
grazing (Marty 2004, p. 1629), particularly during the plants' 
flowering and fruiting season, or grazing at such high density of 
livestock (ONHDB 1994, p. 11) that all grass and forbs are grazed to a 
height that prevents reproduction. Water diversion and water 
impoundment, when used in conjunction with livestock management (making 
water available for livestock), can also eliminate habitat for the two 
plant species.
    In the Illinois River Valley, herbivory by voles has resulted in 
mortality of individual plants, as well as an indirect decrease in 
reproduction for several Lomatium cookii occurrences (Kaye and Thorpe 
2009, p. 31).
    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. 
Nonnative annual grasses, namely Hordeum marinum ssp. gussoneanum 
(Mediterranean barley) and Taeniantherum caput-medusae (medusahead), 
are also contributing to the degradation of the native plant community. 
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 with its thatch output. Reproduction of both Lomatium cookii and 
Limnanthes floccosa 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 have the 
potential to threaten Lomatium cookii in the Illinois River Valley are 
Alyssum murale (yellowtuft) and A. corsicum (alisso di Corsica). These 
two plants were recently introduced to meadow habitat with serpentine-
dervied soils as part of an experiment to test their ability to 
accumulate nickel (ODA and USFS 2008, pp. 1-3). The plants tend to 
outcompete some native plants and persist over time (ODA and USFS 2008, 
pp. 1-3). The plants were declared noxious weeds by the Oregon 
Department of Agriculture (ODA) and are illegal to plant in Oregon.
    Threats to Lomatium cookii in the Illinois River Valley include the 
habitat impacts resulting from aggregate and mineral mining, 
residential and urban development, 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 voles. 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 discouraged by fire. In the Illinois River 
Valley, the longer fire return intervals due to fire suppression have 
led to the encroachment of native woody vegetation (trees and shrubs) 
into the wet meadow habitats occupied by Lomatium cookii. Such native 
woody plants include Ceanothus cuneatus (buckbrush), Pinus ponderosa 
(Ponderosa pine), Pinus jeffreyi (Jeffrey pine), Pseudotsuga menziesii 
(Douglas-fir), and Toxicodendron diversiloba (poison oak). The 
succession of these species in Lomatium cookii habitat can isolate the 
species into small refuge pockets or cause widespread reduction of 
habitat suitability by reducing light availability (over-shading), 
limiting water and nutrient availability, fragmenting populations, and 
limiting space to grow.
    Individuals of Lomatium cookii growing in more shaded conditions, 
such 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). At four protected locations in 
the Rogue and Illinois River Valleys, long-term monitoring indicates 
that Lomatium cookii populations 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 natural succession of vegetation or increases in vole 
activity. At two of the declining Lomatium cookii populations, located 
at the French Flat ACEC, the Medford District of the BLM is 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

    We listed Limnanthes floccosa ssp. grandiflora and Lomatium cookii 
as endangered on November 7, 2002 (67 FR 68004). For a discussion of 
additional information on previous Federal actions concerning 
Limnanthes floccosa ssp. grandiflora and Lomatium cookii, please refer 
to the final listing rule for the two species (67 FR 68004; November 7, 
2002).The recovery needs of these two species are addressed in the 
Draft Recovery Plan for Listed Species of the Rogue Valley Vernal Pool 
and Illinois River Valley Wet Meadow Ecosystems, published in 2006 
(USFWS 2006).
    On December 19, 2007, the Center for Biological Diversity filed a 
complaint

[[Page 42493]]

against the Service (Center for Biological Diversity v. Kempthorne, et 
al., 07-CV-2378 IEG, (S.D. CA)) for failure to designate critical 
habitat for four plant species, including Limnanthes floccosa ssp. 
grandiflora and Lomatium cookii (the other two species occur in 
different parts of the country). On April 11, 2008, the U.S. District 
Court for the Southern District of California entered an order 
approving a stipulated settlement of the parties requiring the Service 
to determine whether designation of critical habitat for Limnanthes 
floccosa ssp. grandiflora and Lomatium cookii is prudent, and if so, to 
submit a proposed rule for the designation of critical habitat to the 
Federal Register on or before July 15, 2009. The settlement also 
required the Service to submit a final rule designating critical 
habitat for Limnanthes floccosa ssp. grandiflora and Lomatium cookii to 
the Federal Register on or before July 15, 2010.
    We affirmed that designation of critical habitat for Limnanthes 
floccosa ssp. grandiflora and Lomatium cookii is prudent, and we 
published a proposal to designate critical habitat for the two plant 
species in the Federal Register on July 28, 2009 (74 FR 37314). We 
accepted public comments on this proposal for 60 days, ending September 
28, 2009. On January 12, 2010 (75 FR 1568), we announced the reopening 
of the public comment period for an additional 30 days (ending February 
11, 2010); the availability of a draft economic analysis and amended 
required determinations section of the proposal; and a public hearing 
on February 2, 2010, in Medford, Oregon. We invited the public to 
review and comment on any of the above actions associated with the 
proposed critical habitat designation at the scheduled public hearing 
or in writing (75 FR 1568).
    In 2003, we designated critical habitat for the endangered 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 1,964 ha (4,853 ac) of suitable habitat for Limnanthes 
floccosa ssp. grandiflora and 734 ha (1,815 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 Limnanthes floccosa 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 
three species. In this final rule, we will note where designated 
critical habitat for the vernal pool fairy shrimp overlaps with that 
designated for Limnanthes floccosa ssp. grandiflora and Lomatium 
cookii.
    This final rule completes our obligations under the April 11, 2008, 
settlement agreement regarding Limnanthes floccosa ssp. grandiflora and 
Lomatium cookii.

Summary of Comments and Recommendations

    We requested written comments from the public on the proposed 
designation of critical habitat for Limnanthes floccosa ssp. 
grandiflora and Lomatium cookii during two comment periods. The first 
comment period, associated with the publication of the proposed rule, 
opened July 28, 2009 (74 FR 37314), and closed September 28, 2009. The 
second comment period, associated with the availability of the draft 
economic analysis, opened January 12, 2010 (75 FR 1568), and closed 
February 11, 2010. During the comment periods, we received two requests 
for a public hearing. Section 4(b)(5)(E) of the Act requires that we 
hold one public hearing on a proposed regulation if any person files a 
request for such a hearing within 45 days after the date of publication 
of a proposed rule. In response to these requests, we held a public 
hearing in Medford, Oregon, on February 2, 2010. We also contacted 
appropriate Federal, State, County, and local agencies; scientific 
organizations; and other interested parties and invited them to comment 
on the proposed rule to designate critical habitat for these species 
and the associated draft economic analysis.
    During the first comment period (July 28 - September 28, 2009), we 
received five comment letters directly addressing the proposed critical 
habitat designation. During the second comment period (January 12 - 
February 11, 2010), we received six comment letters addressing the 
proposed critical habitat designation or the draft economic analysis. 
During the February 2, 2010, public hearing, one individual provided 
comment on the designation of critical habitat for Lomatium cookii. All 
substantive information provided during both comment periods has either 
been incorporated directly into this final determination or is 
addressed below. Comments we received are addressed in the following 
summary and incorporated into the final rule as appropriate.

Peer Review

    In accordance with our policy published on July 1, 1994 (59 FR 
34270), we solicited expert opinions from three knowledgeable 
individuals with scientific expertise including familiarity with the 
species, the geographic region in which the species occur, and 
conservation biology principles pertinent to the species. We received 
responses from all three peer reviewers.
    We reviewed all comments we received from peer reviewers for 
substantive issues and new information regarding critical habitat for 
Limnanthes floccosa ssp. grandiflora and Lomatium cookii. The peer 
reviewers generally concurred with our methods and conclusions, 
indicating the Service had used the most current scientific information 
available; had accurately described the species, their habitat 
requirements, the primary constituent elements (PCEs) for the species, 
the reasons for their decline, and threats to their habitat; and had 
done a thorough job of delineating critical habitat using the best 
available scientific information. Peer reviewer comments are addressed 
in the following summary and incorporated into the final rule as 
appropriate.

Peer Reviewer Comments

    (1) Comment: All three peer reviewers and several other commenters 
pointed out that Lomatium cookii populations are, in fact, found in 
habitat subject to mining, agricultural development, residential or 
commercial development, or grazing activities.
    Our Response: We agree that remnant Lomatium cookii populations can 
and do occur in areas subject to mining, agricultural development, 
residential or commercial development, or grazing activities. We 
revised the language in this rule to clarify this point.
    (2) Comment: One peer reviewer suggested that critical habitat for 
Limnanthes floccosa ssp. grandiflora and Lomatium cookii should include 
all population areas discovered after the 2002 final listing because 
all populations that are currently known, not just those found within 3 
years of listing, were almost certainly present at the time of listing. 
The peer reviewer commented that dispersal (for both species) is very 
limited and successful establishment after dispersal is likely to be 
infrequent. Therefore, designation of all known populations as critical 
habitat is warranted.
    Our Response: We concur that dispersal and establishment of the two 
species are infrequent and limited, such that, at this time, a recently 
documented population most likely existed at the time of the November 
2002 final listing.
    We include in critical habitat units only Limnanthes floccosa ssp.

[[Page 42494]]

grandiflora and Lomatium cookii populations and habitat areas that 
provide the physical or biological features essential for their 
conservation and that require special management considerations or 
protection. We do not include several populations within critical 
habitat units because those populations do not meet our selection 
criteria. For example, populations that have fewer than 10 individuals 
or that occur in areas that we determined lack the PCEs are not 
included in the critical habitat designation. We also revised some 
critical habitat units to incorporate new detailed information provided 
in the comments we received; these comments provided information on 
areas not considered in the proposed rule that may support the PCEs, as 
well as areas included in the proposed designation that may not support 
the PCEs for the species. All such information was ground-truthed, 
verified, and incorporated into this final rule, as appropriate.
    (3) Comment: Two peer reviewers pointed out that the proposed rule 
suggests that mining is not considered a significant threat for 
Lomatium cookii when in fact it should be considered the greatest 
threat in Josephine County.
    Our Response: We agree that mining should be considered one of the 
prominent threats to Lomatium cookii, especially in Josephine County. 
We clarified the information in the Background section and the Special 
Management Considerations section of this rule to reflect this.
    (4) Comment: One peer reviewer pointed out that incompatible 
grazing was not clearly defined and disagreed with an example provided 
in the proposed rule of an incompatible grazing practice whereby: 
``Heavy grazing, especially from October through April, would be an 
example of incompatible grazing.''
    Our Response: In the Background section of this rule we further 
defined ``incompatible grazing practices'' to address this concern, 
citing ONHDB (1994, p. 11). We revised examples of incompatible grazing 
to include flooding or grading of vernal pools to make water available 
for livestock, and further elaborated on grazing practices that may 
have both positive and negative effects on critical habitat for the two 
plant species. We also recognize that lack of grazing can have both 
negative and positive effects on habitats supporting Limnanthes 
floccosa ssp. grandiflora and Lomatium cookii.
    (5) Comment: One peer reviewer provided additional information 
about proposed Unit RV4 and commented that some of the inferences 
describing the habitat conditions were not well substantiated. For 
example, the reviewer indicated that the south part of the unit has 
been leveled, not grazed, and this more likely was the reason why 
Limnanthes floccosa ssp. grandiflora was not present in this area.
    Our Response: We revised the description of Unit RV4 to suggest the 
leveled habitat within the unit could have been one of the reasons why 
Limnanthes floccosa ssp. grandiflora was not present in the area. The 
unit is still occupied by the species both north and south of the 
leveled area and still functions as critical habitat due to the 
underlying hardpan (see Criteria Used To Identify Critical Habitat, 
below).
    (6) Comment: One peer reviewer provided information about an area 
near Unit RV9, currently unoccupied by Limnanthes floccosa ssp. 
grandiflora or Lomatium cookii, and suggested it be included in the 
critical habitat designation because the habitat appears to provide the 
habitat conditions necessary to support the species.
    Our Response: We appreciate the suggestion; however, the Act allows 
for areas that were not occupied by the species at the time of listing 
to be designated as critical habitat only if they are considered 
essential to the conservation of the species. We have no information 
indicating that this area has ever been occupied by the species. 
Furthermore, based on ground truthing and aerial photo interpretation, 
the site does not appear to have the habitat conditions necessary to 
support the two species, and therefore does not meet the critical 
habitat selection criteria.
    (7) Comment: One peer reviewer and a commenter suggested that we 
should expand critical habitat units to include the adjoining up-
gradient slopes that deliver water seasonally. They suggest the wet 
hydrology habitat occupied by Lomatium cookii in the Illinois River 
Valley is dependent on overland flow and through-flow from the adjacent 
up-gradient slopes, although the degree to which this hydrology is 
needed is not quantified.
    Our Response: Not all the upland slopes adjacent to the Illinois 
River Valley critical habitat units do not meet our selection criteria 
(see Criteria Used to Identify Critical Habitat, below); therefore, we 
did not include all of these features in this rule. Some of the 
critical habitat units in the Illinois River Valley do include some 
sloped, unoccupied habitat adjacent to occurrences, but this is 
intended to include habitat that we consider essential for species 
conservation. Any Federal actions that would occur on the adjacent 
slopes of designated critical habitat may have direct or indirect 
effects on critical habitat, and therefore could trigger consultation 
under section 7 of the Act.
    (8) Comment: A peer reviewer pointed out that in the proposed rule 
the habitat description in the Background section incorrectly implies 
that annual grasslands are the natural habitat for Limnanthes floccosa 
ssp. grandiflora and Lomatium cookii. The reviewer stated that native 
perennial bunchgrass communities, including such species as Achnatherum 
lemmonii, Festuca roemeri var. klamathensis, and Poa secunda, are the 
natural habitat for these two species in Jackson County's Agate Desert 
(Rogue River Valley). The reviewer's opinion is that livestock grazing 
has largely eradicated these grasses and has facilitated the invasion 
of nonnative annual grasses and forbs, so if habitat was restored to 
native grasses, grazing would not be helpful.
    Our Response: We revised some of the background information to 
reflect that the current typical grassland habitat occupying almost all 
of the upland areas in Jackson County's Agate Desert is composed of 
nonnative annual grasses. We point out that grazing can be an excellent 
tool for management of these grasses, but would not be an appropriate 
tool for management in native bunchgrass habitat.

Public Comments

    (9) Comment: One commenter stated that the Service didn't propose 
designation of large portions of the two plants' occupied ranges and 
many areas where one or both of these plant species are known to occur. 
The commenter points out that the proposed critical habitat units are 
too small and disjointed to offer meaningful protection of these 
wetland habitats.
    Our Response: We identified critical habitat units that met our 
selection criteria for critical habitat (USFWS 2009). To the best of 
our knowledge, we included only areas that provide the physical or 
biological features essential to the conservation of the species and 
that require special management considerations or protection. We did 
not include many areas of developed, previously modified, or unsuitable 
habitat that do not support, or would not contribute to, the species' 
continued existence or recovery (see Criteria Used To Identify Critical 
Habitat, below).
    (10) Comment: One commenter stated that there is a discrepancy 
between the recovery core areas that the Draft Recovery Plan for Listed 
Species of the Rogue Valley Vernal Pool and Illinois River Valley Wet 
Meadow Ecosystems deemed appropriate for recovery of the

[[Page 42495]]

two species and the critical habitat units delineated in the proposed 
rule.
    Our Response: Since the publication of the draft recovery plan in 
2006 (USFWS 2006), we received additional information about the 
critical habitat areas from recent ground surveys, updated aerial 
photographic imagery, and recent development activities on the 
landscape. The critical habitat units designated in this rule are very 
similar to the proposed recovery core areas. However, in the Illinois 
River Valley, five areas that were suggested as priority 3 core areas 
in the recovery plan are not included in the designated critical 
habitat because they do not support any occurrences of the listed 
plants and because, on closer inspection, we determined that these 
areas do not meet our selection criteria for critical habitat.
    (11) Comment: A commenter claimed that the statement in the 
proposed rule (74 FR 37334; July 28, 2009) that the Service ``will 
consider for exclusion under section 4(b)(2) of the Act any existing 
management plans located within proposed critical habitat units'' is 
inconsistent with the letter and intent of the Act and that the 
Service's implementing regulations consider special management 
considerations important to the preservation of critical habitat.
    Our Response: The Secretary's authority to consider exclusions 
under section 4(b)(2) of the Act is separate from the statutory 
requirement under section 3(5)(A) of the Act that we designate critical 
habitat by identifying those specific 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. As described in the Criteria Used to Identify Critical 
Habitat section of this final rule, we are designating critical habitat 
in areas occupied by the species at the time it was listed, that 
provide the physical or biological features essential to their 
conservation, and which may require special management considerations 
or protection. We did not receive any management plans from any public 
or private entities for consideration of exclusion based on section 
4(b)(2) of the Act, and did not exclude any habitat from the 
designation based on section 4(b)(2) of the Act.
    (12) Comment: A commenter asserted that the proposed rule 
constitutes a major Federal action with serious impacts on the human 
environment in the Rogue and Illinois River Valleys. As such, the 
commenter felt that the Service is required under NEPA to prepare a 
complete Environmental Impact Statement to analyze the possible effects 
and outcomes of designating critical habitat for the two species.
    Our Response: Outside the jurisdiction of the Tenth Circuit Court 
of Appeals, it is the Service's position that we do not need to prepare 
environmental analyses as defined by NEPA in connection with the 
designation of 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), and our position was upheld in the 
Ninth Circuit Court of Appeals (Douglas County v. Babbitt, 48 F.3d 1495 
(9th Cir. 1995), cert. denied, 516 U.S. 1042 (1996)).
    (13) Comment: A commenter indicated that a portion of the 
commenter's property is already developed, some of which is recent, and 
the commenter is planning to expand development of a water treatment 
facility on their property. The commenter requested that the Service 
exclude portions of the property planned for development from critical 
habitat designation.
    Our Response: We carefully inspected updated aerial imagery and 
identified the recently developed area. We also conducted a site visit 
to the property to determine if the area in question provides the PCEs 
for either Limnanthes floccosa ssp. grandiflora or Lomatium cookii. We 
determined that suitable habitat was present on the property; however, 
upon closer inspection, we deemed it appropriate to modify the 
boundaries of Subunit RV6A to remove developed areas and a small area 
on the property that did not provide the PCEs. We are not able to 
eliminate areas that currently provide the PCEs for the species from 
critical habitat on the basis of anticipated future development, nor do 
such plans form the basis for an exclusion from critical habitat under 
the provisions of the Act. The total amount of designated critical 
habitat in the subunit decreased from 507 ha (759 ac) to 263 ha (650 
ac).
    (14) Comment: One commenter indicated that Lomatium cookii was 
improperly listed as endangered because it occurs on over 4,452 ha 
(11,000 ac) in the Illinois River Valley. The commenter suggested this 
indicates that the plant is flourishing and not in danger of 
extinction.
    Our Response: Technically, the listing status of the species is 
outside the scope of this rulemaking. However, Lomatium cookii was 
determined to have endangered status in the 2002 final listing rule (67 
FR 68004) because it occurs in a limited geographic range with few 
known occurrences, occupying a total of 108 ha (266 ac) overall or 61 
ha (150 ac) in the Illinois River Valley, and because it is threatened 
by destruction of its specialized habitat due to the effects of 
industrial and residential development, road and powerline construction 
and maintenance, agricultural conversion, certain grazing practices, 
off-road vehicle use, and competition with nonnative plants. The units 
included in the critical habitat designation include occupied sites 
that provide the PCEs and that met our selection criteria for size, 
connectivity, and other biological considerations. The critical habitat 
units represent habitat complexes, or functional ecosystem units, 
occupied by the species and that provide the PCEs essential for its 
conservation. In such habitat complexes, such as vernal pool-mounded 
prairie complex or a wet meadow or mixed conifer forest complex, 
Lomatium cookii may use different parts of its habitat over time 
depending on vegetation succession states, including areas that might 
be intermittently occupied or unoccupied when the abundance of the 
species oscillates such that parts of its habitat are not used during 
low population phases. We are designating 1,621 ha (4,007 ac) of 
critical habitat for Lomatium cookii in the Illinois Valley in this 
rule. This habitat includes areas presently occupied by the species as 
well as surrounding areas that contribute to the ecosystem function 
essential to the conservation of the species. The species does not 
fully occupy an area of 4,452 ha (11,000 ac) in the Illinois River 
Valley, as indicated by the commenter.
    (15) Comment: Lomatium cookii is not closely associated with 
serpentine soils and in fact grows well in non-serpentine-derived 
soils.
    Our Response: We only documented Lomatium cookii on a few locations 
with serpentine-derived soils in the Illinois River Valley. We agree 
that Lomatium cookii is not restricted to serpentine soils. In Jackson 
County, none of the Lomatium cookii occurrences are on serpentine 
soils. We clarify in the Background section of this rule that Lomatium 
cookii can occur in soil types other than serpentine-derived soils in 
the Illinois River Valley.
    (16) Comment: One commenter mentioned that surface disturbances do 
not pose a threat to Lomatium cookii because plant populations are 
healthier in disturbed ground such as wheel ruts, road cuts, recently 
graded areas, and mine tailings.
    Our Response: We are aware that Lomatium cookii has an ability to

[[Page 42496]]

persist in disturbed sites, such as graveled roadsides and wheel ruts, 
likely owing to its long tap root. However large-scale mining and 
development activities can completely remove or alter Lomatium cookii 
suitable habitat by removing large amounts of soil. We are not aware of 
Lomatium cookii occurring in mine tailings, but it would not be 
surprising provided the tailings were relatively shallow. We have no 
documentation of Lomatium cookii colonizing newly disturbed areas and 
surmise that Lomatium cookii occurred at the recently graded areas 
prior to the work.
    (17) Comment: One commenter said that the Lomatium cookii 
occurrences in Unit IV12 are nonnative and suggested that because they 
are found in both historical and recent placed mine tailings, it can be 
inferred that the plants did not originate at this site.
    Our Response: We have no evidence to suggest that the Lomatium 
cookii occurrences in Unit IV12 are not naturally occurring. 
Regardless, under section 3(5)(A) of the Act, the designation of 
critical habitat is not limited to sites that historically supported 
the species, but applies to geographic areas occupied at the time of 
listing or those that may have been unoccupied but are considered 
essential to the conservation of the species. Our information suggests 
that the geographic areas designated as critical habitat in Unit IV12 
were occupied at the time of listing. We reviewed long-term Lomatium 
cookii monitoring reports from BLM land in Unit IV12 (Thorpe and Kaye 
2009), which suggest these are well-established populations. Lomatium 
cookii only occurs in limited areas in Jackson and Josephine Counties, 
and populations appear to be dwindling in many of these locations.
    (18) Comment: One commenter objected to the assertion that Alyssum 
murale (yellowtuft) and Alyssum corsicum (alisso di Corsica) pose a 
threat to Limnanthes floccosa ssp. grandiflora and Lomatium cookii. The 
commenter stated that there has never been proof that the two Alyssum 
species can impact the two plant species.
    Our Response: Our proposed rule identified these two nonnative 
Alyssum species as potential threats to Lomatium cookii. According to 
the joint Forest Service (FS) and Oregon Department of Agriculture 
(ODA) 2008 assessment, the two Alyssum species appear to have escaped 
from various planted locations and are vigorously colonizing new areas 
within the Illinois River Valley on serpentine-derived soils. The 
authors of the report conclude that the dense concentrations of these 
invasive plants threaten to encroach upon and displace Lomatium cookii 
in the Illinois River Valley (ODA and USFS 2008, pp. 1-3). The ODA has 
determined that the Alyssum species are noxious weeds; therefore they 
can no longer be legally planted in Oregon. We consider the two Alyssum 
species to pose a general threat to Lomatium cookii in the Illinois 
River Valley.
Comments by Federal Agencies
    (19) Comment: The BLM commented that the Background section of our 
rule should clearly state that vernal pool fairy shrimp critical 
habitat units only overlie critical habitat units designated for 
Limnanthes floccosa ssp. grandiflora or Lomatium cookii in Jackson 
County.
    Our Response: We clarified in the Background section of this rule 
that vernal pool fairy shrimp critical habitat only overlies the 
Limnanthes floccosa ssp. grandiflora or Lomatium cookii critical 
habitat units in Jackson County.
    (20) Comment: The BLM pointed out that the PCE section describing 
the habitat characteristics for Lomatium cookii in the Illinois River 
Valley leaves out some suitable habitat types, in addition to wet 
meadows that occur in that area. The BLM suggests the description 
should also include mixed evergreen oak-madrone (Quercus-Arbutus), 
higher shrub cover, and sites in very small openings, road edges, and 
old road beds.
    Our Response: We revised the PCEs and included additional habitat 
descriptions for the Illinois River Valley based on the BLM 
suggestions, ground-truthing, and inspection of updated aerial 
photography. We do not include old road beds or graveled roadsides as 
one of the PCEs for the species because we do not consider these 
features to be essential to the conservation of the species.
    (21) Comment: BLM mentioned that the proposed rule appeared to 
describe the minimum size of critical habitat units as at least 12 ha 
(30 ac). However, they point out that a few populations of the two 
plant species that occur in patches less than 1 ac (0.4 ha) in size 
were included in the proposed critical habitat, seemingly in violation 
of our minimum size criterion. BLM suggested we clarify our description 
of the critical habitat units to explain that they represent a 
functional habitat complex, with some areas that are occupied and 
others that are presently unoccupied but still provide the essential 
physical or biological features required for the conservation of the 
species.
    Our Response: We agree with BLM's comment, and attempted to clarify 
in this rule that critical habitat boundaries are not drawn narrowly 
around present occurrences of the species, but are intended to 
encompass functional habitat complexes that support the species (that 
is, provide the PCEs). In our selection criteria, we determined that an 
isolated 8-ha (20-ac) area of habitat (where ``isolated'' is defined as 
meaning the next area of appropriate habitat is greater than 1 km (0.6 
mi) away) that is occupied by one of the plant species is the minimum 
area we will designate as a critical habitat unit for both the Rogue 
River Valley and the Illinois River Valley. This criterion is based on 
historical evidence (ONHIC 2008) that isolated habitats do not provide 
a hydrologically and ecologically functional system of vernal pool-
mounded prairie, streams, or slopes and wooded systems that surround 
and maintain seasonally wet alluvial meadows. Many small patches of 
plants less than 0.4 ha (1 ac) in size may occur within a single 
critical habitat unit, but in our selection process, we included areas 
of habitat between these patches that provide the PCEs for the species, 
considering them collectively as a complex. We expect plant occurrences 
could occur anywhere within the hydrologically and ecologically 
functional system of habitat provided within such a complex within a 
critical habitat unit.
    (22) Comment: BLM suggests that in the Special Management 
Considerations or Protections section of our rule we include a 
description of mining regulations on Federal lands in the Illinois 
River Valley.
    Our Response: We revised the Background and Special Management 
Considerations or Protections sections of this rule to include more 
information about mining rules, operational plan requirements, and the 
extra regulatory requirements at BLM ACECs.
    (23) Comment: BLM recommends that in the Criteria Used to Identify 
Critical Habitat section of our rule we provide a citation or rationale 
for why Lomatium cookii populations with fewer than 10 individuals 
should not be included in the critical habitat designation.
    Our Response: Our selection criteria specified that areas with 
fewer than 10 individual plants that are isolated (1 km (0.6 mi) 
distance from the next area of appropriate habitat) would not meet the 
definition of critical habitat because such areas do not provide the 
physical or biological features essential to the conservation of the 
species. We based this selection criterion on plant record evidence 
that Limnanthes floccosa ssp. grandiflora or Lomatium cookii plant 
occurrences below the 10-individual threshold appear to become 
extirpated

[[Page 42497]]

over time due to lack of habitat quality, available habitat space, or 
proximity to developmental activity (ONHIC 2008).
    (24) Comment: The BLM pointed out that the majority of occurrences 
of Lomatium cookii occur on Federal lands in the Illinois River Valley 
(Josephine County). They indicated that 33 sites, or 70 percent of the 
total number of known sites, occur on BLM lands. However, only 20 
percent of the proposed critical habitat occurs on Federal lands. BLM 
provided maps suggesting areas in the Illinois River Valley where 
critical habitat boundaries could be revised to include additional 
suitable habitat for Lomatium cookii on BLM lands and to remove areas 
with unsuitable habitat on private lands in the following critical 
habitat units: IV3, IV4, IV5, IV11, IV13, and IV14.
    Our Response: We reviewed new aerial photos and performed ground 
truthing in the BLM-managed areas proposed by BLM for inclusion in 
final Lomatium cookii critical habitat units in Josephine County, 
Oregon. We agree that some of these areas contain the physical or 
biological features essential for the conservation of Lomatium cookii. 
Out of the recommended areas, we determined 265 ha (654 ac) of these 
additional BLM lands contain the essential physical or biological 
features for Lomatium cookii and require special management or 
protection, and thus meet the definition of critical habitat. As these 
lands meet the selection criteria for critical habitat as described in 
our original proposal, and all fall within currently described critical 
habitat units, we consider the addition of these Federal lands to be 
within the scope of the original proposed critical habitat designation. 
In addition, we determined that including a portion of these areas 
within the critical habitat designation will not impact any timber 
sales, grazing leases, active mining claims, or other activities on 
these Federal lands, and will not alter the economic analysis of the 
proposed designation. The new areas recommended for inclusion in the 
designation by the BLM are all either designated as ACECs or proposed 
as ACECs. The information provided by the BLM further allowed us to 
refine the proposed critical habitat units and remove areas of private 
lands that do not provide the physical or biological features essential 
to the conservation of Lomatium cookii from the final designation. 
Therefore, upon the recommendation of the BLM, we increased the area of 
critical habitat in units IV3, IV4, IV5, IV11, and IV13 to include 
additional BLM lands in the Lomatium cookii critical habitat 
designation.
    (25) Comment: BLM suggests that Table 1 in the proposed rule and 
the critical habitat unit descriptions include occurrences of the two 
listed species. Also, the agency suggests our critical habitat 
discussion should describe which occurrences are on private, city, 
county, State, or Federal lands.
    Our Response: We provided more information in this rule regarding 
each of the occurrences and whether they occur on private, city, 
county, State, or Federal lands, but did not revise Tables 3-6 in an 
effort to maintain clarity.
Comments Related to the Economic Analysis
    (26) Comment: One commenter stated that the impacts to Jackson 
County associated with the Medford Airport runway expansion project in 
2015 should be quantified as incremental impacts due to the designation 
of critical habitat. This commenter suggested the runway expansion 
would not affect the known Lomatium cookii population located within 
the Airport and therefore mitigation would only be undertaken to offset 
impacts to critical habitat.
    Our Response: As described on pages 3-1 and 3-2 of the final 
economic analysis, all proposed critical habitat in Jackson County is 
vernal pool habitat over which the U.S. Army Corps of Engineers (USACE) 
maintains jurisdiction. As such, any development project within vernal 
pool habitat in Jackson County must meet the USACE requirements for a 
section 404 permit under the Clean Water Act (33 U.S.C. 1251 et seq.); 
this requirement is in effect regardless of critical habitat 
designation.
    The final economic analysis concludes that conservation efforts 
taken to avoid adverse impacts to vernal pool habitat, as required by 
the USACE, will also benefit Limnanthes floccosa ssp. grandiflora and 
Lomatium cookii. Furthermore, the incremental impacts identified in the 
final economic analysis arose solely from administrative costs 
associated with the additional effort to address adverse modification 
during future section 7 consultations.
    Minimization and mitigation conservation efforts undertaken under 
section 404 of the Clean Water Act are not expected to change following 
the designation of critical habitat. The economic analysis quantifies 
the impacts of conservation and mitigation efforts for a section 404 
permit associated with the planned expansion of the Medford airport, 
and appropriately assigns these impacts to the baseline, as they would 
be required for the 404 permit even absent the designation of critical 
habitat. As described in section 3.4 of the final economic analysis, 
the Service considers the baseline conservation afforded the plants due 
to the USACE 404 permit mitigation requirements sufficient to avoid 
destruction or adverse modifications of critical habitat. Thus, the 
Service does not anticipate recommending additional conservation 
actions following the designation of critical habitat, and incremental 
impacts are limited to administrative costs of consultation to address 
adverse modification.
    (27) Comment: One commenter asserted that the potential effects of 
critical habitat designation on phytomining operations, or extraction 
of minerals from propagated plant material, should be considered in the 
economic analysis. The commenter mentioned that phytomining is 
beneficial to Lomatium cookii because it reduces competing grasses.
    Our Response: We did not include a discussion of the phytomining 
practice in the proposed rule because this practice is not known to be 
in operation within any of the proposed Illinois River Valley critical 
habitat units. The two native grasses that are associated with Lomatium 
cookii habitat in the Illinois River Valley (Deschampsia cespitosa and 
Danthonia californica) do not cause competition problems for the 
species. In addition, Lomatium cookii often occurs in non-serpentine 
derived soils that would not be desirable for phytomining operations.
    Section 6.6.3 of the final economic analysis describes phytomining 
operations in the vicinity of the proposed critical habitat. The two 
species used in phytomining operations (Alyssum murale and Alyssum 
corsicum) were listed as State noxious weeds by the Oregon Department 
of Agriculture in 2009, resulting in a Statewide prohibition against 
their import into Oregon and their transport, sale, and propagation. 
Under current State regulation, phytomining activities are prohibited 
Statewide, including within the designated critical habitat area. The 
designation of critical habitat is therefore not expected to affect 
phytomining operations.
Summary of Changes from Proposed Rule
    In preparing this critical habitat designation for Limnanthes 
floccosa ssp. grandiflora and Lomatium cookii, we reviewed and 
considered all comments received on the proposed designation of 
critical habitat published on July 28, 2009 (74 FR 37314), and comments 
on the draft economic analysis we made

[[Page 42498]]

available on January 12, 2010 (75 FR 1568). As a result of all comments 
we received on the proposed rule and the draft economic analysis, we 
made changes to our proposed designation. These changes are summarized 
as follows:

 In Jackson County, we adjusted the boundaries of some of the 
proposed critical habitat units to remove those areas that we 
determined do not provide the PCEs to either Limnanthes floccosa ssp. 
grandiflora or Lomatium cookii, resulting in reduced area in seven of 
the units (RV2, RV3, RV4, RV6, RV7, RV8, and RV9). The final critical 
habitat designation in Jackson County represents a reduction of 198 ha 
(487 ac) for Limnanthes floccosa ssp. grandiflora and a reduction of 
122 ha (307 ac) for Lomatium cookii from what we proposed.
 In Josephine County, we removed those areas from the proposed 
critical habitat units that we determined do not provide the PCEs to 
Lomatium cookii, resulting in a reduction in size in five of the units 
(IV1, IV2, IV6, IV8, and IV12). We included additional areas that we 
determined provide the PCEs for Lomatium cookii, resulting in the 
expansion of five of the units (IV3, IV4, IV5, IV11, and IV13); all 
area increases are entirely on Federal (BLM) lands. As mentioned in our 
response to Comment 24, the additional specific areas on BLM lands 
meets the selection criteria for critical habitat as described in our 
proposed rule, and the additional area falls within currently described 
critical habitat units; therefore, we consider the addition of these 
Federal lands to be within the scope of the proposed critical habitat 
designation. Through discussions with BLM and information provided by 
BLM, we determined that including a portion of these areas within the 
critical habitat designation will not impact any timber sales, grazing 
leases, active mining claims, or other activities on BLM lands, and 
will not alter the economic analysis of the proposed designation. The 
new areas recommended for inclusion in the designation by the BLM are 
all either designated as ACECs or proposed as ACECs.
    We eliminated Unit IV14, proposed critical habitat for Lomatium 
cookii, from the designation for two reasons: First, because we 
determined from BLM documentation that the habitat was not occupied by 
Lomatium cookii; second, after review of updated aerial photography and 
a recent site visit to the proposed unit, we found the habitat features 
do not meet our selection criteria. We incorporated one small portion 
of proposed Unit IV14 that does provide the PCEs for Lomatium cookii 
into Unit IV13. The final critical habitat designation for Lomatium 
cookii in Josephine County thus represents a reduction of 208 ha (514 
ac) from what we proposed.
    We are finalizing the following final critical habitat designation 
in accordance with section 4(b)(2) of the Act.

 Table 1--Final rule critical habitat unit changes in hectares (acres) for Limnanthes floccosa ssp. grandiflora
                                     in Jackson County (totals are rounded).
----------------------------------------------------------------------------------------------------------------
                Units                   Proposed rule  ha (ac)     Final rule ha (ac)         Change ha (ac)
----------------------------------------------------------------------------------------------------------------
RV1                                    8 (20)                   8 (20)                   ......
----------------------------------------------------------------------------------------------------------------
RV2                                    84 (207)                 69 (169)                 - 15 (38)
----------------------------------------------------------------------------------------------------------------
RV3                                    539 (1,331)              490 (1,210)              - 49 (121)
----------------------------------------------------------------------------------------------------------------
RV4                                    245 (605)                243 (600)                - 2 (5)
----------------------------------------------------------------------------------------------------------------
RV5                                    49 (122)                 49 (122)                 ......
----------------------------------------------------------------------------------------------------------------
RV6                                    848 (2,095)              740 (1,829)              - 108 (266)
----------------------------------------------------------------------------------------------------------------
RV7                                    426 (1,053)              421 (1,039)              - 5 (14)
----------------------------------------------------------------------------------------------------------------
RV8                                    362 (896)                344 (850)                - 18 (46)
----------------------------------------------------------------------------------------------------------------
Total                                  2,561 (6,327)            2,363 (5,840)            - 198 (487)
----------------------------------------------------------------------------------------------------------------


   Table 2--Final rule critical habitat unit changes in hectares (acres) for Lomatium cookii in Jackson County
                                              (totals are rounded).
----------------------------------------------------------------------------------------------------------------
                Units                   Proposed rule ha (ac)      Final rule ha (ac)         Change ha (ac)
----------------------------------------------------------------------------------------------------------------
RV6                                    608 (1,503)              546 (1,349)              - 62 (154)
----------------------------------------------------------------------------------------------------------------
RV8                                    362 (895.5)              344 (850)                - 18 (45.5)
----------------------------------------------------------------------------------------------------------------
RV9                                    76 (190)                 34 (83)                  - 42 (107)
----------------------------------------------------------------------------------------------------------------
Total                                  1,046 (2,589)            924 (2,282)              - 122 (307)
----------------------------------------------------------------------------------------------------------------


[[Page 42499]]


  Table 3--Final rule critical habitat unit changes in hectares (acres) for Lomatium cookii in Josephine County
                                              (totals are rounded).
----------------------------------------------------------------------------------------------------------------
                                         Proposed listing ha
                Units                            (ac)            Final listing ha (ac)        Change ha (ac)
----------------------------------------------------------------------------------------------------------------
IV1                                    53 (132)                 35 (85)                  - 18 (47)
----------------------------------------------------------------------------------------------------------------
IV2                                    39 (97)                  28 (70)                  - 11 (27)
----------------------------------------------------------------------------------------------------------------
IV3                                    105 (260)                152 (374)                + 47 (114)
----------------------------------------------------------------------------------------------------------------
IV4                                    69 (170)                 83 (204)                 + 14 (37)
----------------------------------------------------------------------------------------------------------------
IV5                                    158 (391)                165 (407)                + 7 (16)
----------------------------------------------------------------------------------------------------------------
IV6                                    209 (516)                182 (449)                - 27 (67)
----------------------------------------------------------------------------------------------------------------
IV7                                    55 (136)                 55 (136)                 .....
----------------------------------------------------------------------------------------------------------------
IV8                                    348 (859)                234 (579)                - 114 (280)
----------------------------------------------------------------------------------------------------------------
IV9                                    12 (30)                  12 (30)                  .....
----------------------------------------------------------------------------------------------------------------
IV10                                   45 (110)                 45 (110)                 .....
----------------------------------------------------------------------------------------------------------------
IV11                                   61 (152)                 118 (292)                + 57 (140)
----------------------------------------------------------------------------------------------------------------
IV12                                   617 (1,524)              492 (1,216)              - 125 (308)
----------------------------------------------------------------------------------------------------------------
IV13                                   18 (45)                  22 (54)                  + 4 (9)
----------------------------------------------------------------------------------------------------------------
IV14                                   40 (100)                 0 (0)                    - 40 (100)
----------------------------------------------------------------------------------------------------------------
Total                                  1,829 (4,521)            1,621 (4,007)            - 208 (514)
----------------------------------------------------------------------------------------------------------------

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 
an endangered or threatened species to the point at which the measures 
provided under the Act are no longer necessary. Such methods and 
procedures include, but are not limited to, all activities associated 
with scientific resources management such as research, census, law 
enforcement, habitat acquisition and maintenance, propagation, live 
trapping, and transplantation, and, in the extraordinary case where 
population pressures within a given ecosystem cannot be otherwise 
relieved, may include regulated taking.
    Critical habitat receives protection under section 7 of the Act 
through the prohibition against Federal agencies carrying out, funding, 
or authorizing the destruction or adverse modification of critical 
habitat. Section 7(a)(2) of the Act requires consultation on 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 the government or public to access private 
lands. Such designation does not require implementation of restoration, 
recovery, or enhancement measures by non-Federal landowners. Where a 
landowner seeks or requests Federal agency funding or authorization for 
an action that may affect a listed species or critical habitat, the 
consultation requirements of section 7(a)(2) of the Act would apply, 
but even in the event of a destruction or adverse modification finding, 
Federal action agency's and the applicant's obligation is not to 
restore or recover the species, but to implement reasonable and prudent 
alternatives to avoid destruction or adverse modification of critical 
habitat.
    For inclusion in a critical habitat designation, the habitat within 
the geographical area occupied by the species at the time it was listed 
must contain the physical or biological features essential to the 
conservation of the species, and be included only if those features may 
require special management considerations or protection. Critical 
habitat designations identify, to the extent known using the best 
scientific and commercial data available, habitat areas that provide 
essential life cycle needs of the species (areas on which are found the 
physical or biological features laid out in the appropriate quantity 
and spatial arrangement for the conservation of the species). Under the 
Act and regulations at 50 CFR 424.12, we can designate critical habitat 
in areas outside the geographical area occupied by the species at the 
time it is listed only when we determine that those areas are essential 
for the conservation of the species and that designation limited to 
those areas occupied at the time of listing would be inadequate to 
ensure the conservation of the species.
    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)), the Information Quality Act (section 515 of the Treasury and 
General Government Appropriations Act for

[[Page 42500]]

Fiscal Year 2001 (Pub. L. 106-554; H.R. 5658)), and our associated 
Information Quality Guidelines, provide criteria, establish procedures, 
and provide guidance to ensure that our decisions are based on the best 
scientific data available. They require our biologists, to the extent 
consistent with the Act and with the use of the best scientific data 
available, to use primary and original sources of information as the 
basis for recommendations to designate critical habitat.
    When we are determining which areas should be designated as 
critical habitat, our 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.
    Habitat is often dynamic, and species may move from one area to 
another over time. Furthermore, we recognize that critical habitat 
designated at a particular point in time may not include all of the 
habitat areas that we may later determine are necessary for the 
recovery of the species. For these reasons, a critical habitat 
designation does not signal that habitat outside the designated area is 
unimportant or may not be required for recovery of the species.
    Areas that are important to the conservation of the species, but 
are outside the critical habitat designation, will continue to be 
subject to conservation actions we implement under section 7(a)(1) of 
the Act. Areas that support populations are also subject to the 
regulatory protections afforded by the section 7(a)(2) jeopardy 
standard, as determined on the basis of the best available scientific 
information at the time of the agency action. Federally funded or 
permitted projects affecting listed species outside their designated 
critical habitat areas may still result in jeopardy findings in some 
cases. Similarly, critical habitat designations made on the basis of 
the best available information at the time of designation will not 
control the direction and substance of future recovery plans, habitat 
conservation plans (HCPs), or other species conservation planning 
efforts if new information available at the time these planning efforts 
calls for a different outcome.

Physical and Biological Features

    In accordance with section 3(5)(A)(i) of the Act and regulations at 
50 CFR 424.12, in determining which areas within the geographical area 
occupied at the time of listing to designate as critical habitat, we 
consider the physical or biological features essential to the 
conservation of the species that may require special management 
considerations or protection. These include, but are not limited to:
    (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
    (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.
    We derived the specific PCEs required for Limnanthes floccosa ssp. 
grandiflora and Lomatium cookii from the biological needs of the 
species as described in the proposed rule to designate critical habitat 
published in the Federal Register on July 28, 2009 (74 FR 37314), the 
Background section of this final rule, and the information presented 
below. Additional information can also be found in the final listing 
rule published in the Federal Register on November 7, 2002 (67 FR 
68004) and the Draft Recovery Plan for Listed Species of the Rogue 
Valley Vernal Pool and Illinois River Valley Wet Meadow Ecosystems 
(USFWS 2006, pp. II-1 to II-17).
    Limnanthes floccosa ssp. grandiflora and Lomatium cookii are both 
found in the vernal pool-mounded prairie and other ephemeral wetland 
habitats of the Rogue River Valley. However, Lomatium cookii is also 
found in an area characterized by very different physical or biological 
features in the Illinois River Valley, where it is found in seasonally 
wet meadows and openings in mixed-conifer forest. Because of this 
difference in the physical or biological features used by Lomatium 
cookii in these two different areas, we organized the PCEs by 
geographic area and present them separately for each of the plant 
species in the Rogue River Valley and the Illinois River Valley.

Rogue River Valley

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

    In the Rogue River Valley, 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 Rogue River Valley, both species occur primarily in 
an area known as the Agate Desert, 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 Limnanthes 
floccosa. ssp. grandiflora and Lomatium cookii include: Alopecurus 
saccatus, Deschampsia danthonioides, Eryngium petiolatum, Lasthenia 
californica, Myosurus minimus, Navarretia leucocephala ssp. 
leucocephala, Phlox gracilis, Plagiobothrys bracteatus, Trifolium 
depauperatum, and Triteleia hyacinthina. In the Rogue River Valley, 
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, Limnanthes floccosa ssp. grandiflora occurrences range from 
372 to 469 m (1,220 to 1,540 ft) in elevation (USGS 2002).
    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.

[[Page 42501]]

Slope
    In the Rogue River Valley, Limnanthes floccosa ssp. grandiflora and 
Lomatium cookii occur almost exclusively on low-gradient and flat 
terrains, not typically exceeding 3 percent slope (USDA 2006b). In the 
Rogue River Valley, they occur predominately in Agate-Winlo complex 
soils mapped at 0 to 3 percent slope.

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 in the winter and spring 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 Valley 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
    The soil types in the Agate Desert of the Rogue River Valley 
typically occupied by both Limnanthes floccosa ssp. grandiflora and 
Lomatium cookii are Agate-Winlo or Provig-Agate soils. Soils from 
Lomatium cookii habitat in the Rogue River Valley had higher 
concentrations of calcium, nitrogen, phosphorus, potassium, manganese, 
iron, and boron relative to soils utilized by the species in the 
Illinois River Valley. 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

Protection from Development
    In the Rogue River Valley, 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 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). Limnanthes floccosa ssp. grandiflora and 
Lomatium cookii face immediate threats from urban and commercial 
development in the 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 and ONHIC information, isolated habitat 
areas (at least 0.6 mi (1 km) from the next nearest area of appropriate 
habitat) that appear to provide sufficient area for plant populations 
to expand, in conjunction with continuous non-fragmented Limnanthes 
floccosa ssp. grandiflora and Lomatium cookii occupied habitat, were 
typically greater than 8 ha (20 ac). Habitat areas of this minimum size 
provide protection from adjacent development and weed sources and 
contained intact hydrology (USDA 2009). This is also the size of the 
smallest isolated vernal pool-mounded prairie area that is known to 
support Limnanthes floccosa ssp. grandiflora (ONHIC 2008). Furthermore, 
based on aerial imagery, habitat areas that appeared to provide 
sufficient protection and continuous, non-fragmented habitat covered at 
least 8 ha (20 ac).
Protection from Invasive, Nonnative Plants
    Invasive, nonnative species and their subsequent thatch may 
overtake Limnanthes floccosa ssp. grandiflora and Lomatium cookii and 
reduce space available for both listed plants' growth (Borgias 2004, p. 
45); therefore, the listed plants require microhabitats free of exotic 
or native invasive competitors. In the Rogue River Valley, invasive, 
nonnative plants or their thatch layers that compromise survival of the 
two listed species include: Centaurea solstitialis, Cardaria draba, 
Hordeum marinum ssp. gussoneanum, and Taeniantherum caput-medusae 
(medusahead).

Illinois River Valley

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

    In the Illinois River Valley, Lomatium cookii occurs partially in 
alluvial meadows underlain by relatively undisturbed, ultramafic soils 
subject to winter inundation from rainfall, seasonal flooding, and 
overland drainage (ONHDB 1994, pp. 9-10). Lomatium cookii has also been 
found in mixed-conifer forest openings on slopes and along roadside 
edges in shrubby habitat where the soil is not subject to prolonged 
inundation. The seasonally wet meadows, occurring within Quercus 
garryana-Quercus kelloggii-Pinus ponderosa forest openings, are 
dominated by native grasses and forbs including: Achnatherum lemmonii, 
Camassia spp., Danthonia californica, Deschampsia cespitosa, Festuca 
roemeri, Poa secunda, Ranunculus occidentalis, and Limnanthes gracilis 
var. gracilis (ONHDB 1994, p. 9). Widely spaced, large pine trees are 
characteristic of the open meadow habitat with some mixed pine and oak 
woodlands occurring along seasonal creeks. In addition, Arbutus 
menziesii, Arctostaphylos viscida, and Ceanothus cuneatus are 
components of the shrubby plant community. In the Illinois River Valley 
area, Lomatium cookii can be found from 383 to 488 m (1,256 to 1,600 
ft) in elevation (USGS 2009).
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

[[Page 42502]]

are on terrains with soils mapped up to 40 percent slope (ONHIC 2008).

Water and Nutritional or Physiological Requirements

    A portion of Lomatium cookii habitat in the Illinois River Valley 
typically becomes inundated or saturated during winter rains enabling 
the plant to germinate, grow, and reproduce; other habitat areas in 
sloped, mixed conifer habitats do not become inundated, but receive 
sufficient moisture from rainfall to maintain conditions that support 
the species. Rainfall in the Illinois River Valley averages 152 
centimeters (60 inches) per year. Periodically, this geographic area 
may experience extreme droughts. 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 (ONHDB 1994, p. 
9).
Soil
    Soils in the Illinois River Valley occupied by Lomatium cookii may 
include 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 conducted by Silvernail and Meinke (2008, p. 30), samples from 
ultramafic Lomatium cookii habitat in the Illinois River Valley had 
high concentrations of magnesium, nickel, chromium, cobalt, zinc, and 
copper and a high percent magnesium saturation.

Habitats Protected from Disturbance

Protection from Development
    Mining (and its associated habitat impacts) is the major threat in 
the Illinois River Valley for Lomatium cookii. Mining activities can 
result in the loss or degradation of habitat for this plant. 
Residential or commercial development is not as widespread or prevalent 
in the Illinois River Valley as in the Rogue River Valley, but they can 
directly eliminate or fragment essential habitat for the plant, causing 
declines in distribution and numbers. 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). 
Protected habitat is therefore of crucial importance for the growth and 
dispersal of Lomatium cookii.
    Based on aerial imagery and ONHIC information, isolated habitat 
areas that appear to provide sufficient protection and continuous, non-
fragmented Lomatium cookii habitat covered at least 8 ha (20 ac). 
Isolated habitat areas of this minimum size provide protection from 
adjacent development and weed sources and contained intact hydrology. 
We did not identify any isolated areas for critical habitat units 
smaller than this size in the Illinois River Valley.
Protection from Invasive, Nonnative Plants
    The encroachment of nonnative plants contributes to the degradation 
of habitat and can affect Lomatium cookii through competitive 
exclusion; grasses in particular may hinder germination or growth of 
the plant by the production of a dense thatch layer. Lomatium cookii 
requires habitats free of exotic or invasive plant competitors. In the 
Illinois River Valley, common introduced grasses in the grazed pastures 
in and around Lomatium cookii habitat include: Bromus sp. (brome), 
Festuca arundinacea (tall fescue), Dactylis glomerata (orchard grass), 
Taeniantherum caput-medusae, and Poa pratensis (Kentucky bluegrass). In 
addition, the recently introduced nonnative, invasive species Alyssum 
murale and A. corsicum threaten Lomatium cookii in this area (ODA and 
FS 2008, pp. 1-3).
Primary Constituent Elements for Limnanthes floccosa ssp. grandiflora 
and Lomatium cookii
    Under the Act and its implementing regulations, we are required to 
identify the known physical or 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 designated as critical habitat for Limnanthes 
floccosa 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.
Limnanthes floccosa ssp. grandiflora
    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 
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 Rogue River Valley 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, but not limited 
to: Alopecurus saccatus, 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

[[Page 42503]]

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.

Lomatium cookii

    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 determined that the PCEs for the species' critical habitat 
are:
    (1) In the Rogue River Valley:
    (A) Vernal pools and ephemeral wetlands and depths 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, but not limited 
to: Alopecurus saccatus, Achnatherum lemmonii, 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.
    (B) The hydrologically and ecologically functional system of 
interconnected pools or ephemeral wetlands or depressions within a 
matrix of surrounding uplands that together form vernal pool complexes 
within the greater watershed. The associated features may include the 
pool basin and ephemeral wetlands; an intact hardpan subsoil underlying 
the surface soils up to 0.75 m (2.5 ft) in depth; and surrounding 
uplands, including mound topography and other geographic and edaphic 
features that support systems of hydrologically interconnected pools 
and other ephemeral wetlands (which may vary in extent depending on 
site-specific characteristics of pool size and depth, soil type, and 
hardpan depth).
    (C) 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.
    (D) 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.
    (2) In the Illinois River Valley:
    (A) Wet meadows in oak and pine forests, sloped mixed-conifer 
openings, and shrubby plant communities 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, but not limited 
to: Achnatherum lemmonii, Arbutus menziesii, Arctostaphylos viscida, 
Camassia spp., Ceanothus cuneatus, Danthonia californica, Deschampsia 
cespitosa, Festuca roemeri var. klamathensis, Poa secunda, Ranunculus 
occidentalis, and Limnanthes gracilis var. gracilis;
 Occurrence 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 8 ha (20 ac) to provide intact hydrology and 
protection from development and weed sources.
    (B) 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.
    (C) Silt, loam, and clay soils that are of ultramafic and 
nonultramafic alluvial origin, with a 0 to 40 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.
    (D) 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(A), 
2(A), 1(D), and 2(D); the need for soil moisture for growth, 
germination, reproduction, and seed dispersal is provided by PCEs 1(B) 
and 2(B)(but not necessarily every year); the need for other 
nutritional or physiological requirements for the species is provided 
by PCE 1(C) and 2(C); the need for habitat free from disturbance that 
allows for sufficient reproduction and survival opportunities is 
provided by PCEs 1(A), 2(A), 1(D), and 2(D). 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.
    With this designation of critical habitat, we intend to conserve 
the physical or biological features that are essential to the 
conservation of these species, through the identification of the 
appropriate quantity and spatial arrangement of the PCEs sufficient to 
support the life history functions of Limnanthes floccosa ssp. 
grandiflora and Lomatium cookii. Each of the areas designated as 
critical habitat contain the PCEs in the appropriate quantity and 
spatial arrangement essential to the conservation of the species and 
provide for one or more of the life history functions of Limnanthes 
floccosa ssp. grandiflora and Lomatium cookii. As stated above, all of 
the PCEs described above do not have to occur simultaneously within a 
unit for the unit to constitute critical habitat.

Special Management Considerations or Protections

    When designating critical habitat, we assess whether the specific 
areas within the geographical area occupied by the species at the time 
of listing contain the features that are essential to the conservation 
of the species and that may require special management considerations 
or protection. All areas we are designating as critical habitat

[[Page 42504]]

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 or 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 critical 
habitat for Limnanthes floccosa ssp. grandiflora and Lomatium cookii 
include: development on private lands; mining activities; ground 
disturbance that affects surface hydrology, including ORV use and road 
construction or maintenance activities; incompatible agricultural and 
grazing practices; garbage dumping; the succession of meadow habitat to 
forested habitat due to fire suppression; and encroachment and 
displacement by nonnative plants. Herbivory by voles may also affect 
Lomatium cookii in the Illinois River Valley. In all of the 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 units in Josephine County, special management is needed to 
reduce or eradicate the threats posed by development, ORV use, mining 
activities, garbage dumping, and woody vegetative succession. Please 
refer to the unit descriptions in the Critical Habitat Designation 
section for further discussion of special management considerations or 
protection of the PCEs related to geographically specific threats to 
Limnanthes floccosa 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 (early stages of plant succession in the 
progression toward a climax community); control of nonnative, invasive 
plant species; grazing management; the re-establishment of hydrology; 
re-seeding with native plants; monitoring; and protection from 
development (Borgias 2004, pp. 47-53; ONHDB 1994, pp. 13-20).

Criteria Used To Identify Critical Habitat

    As required by section 4(b) of the Act, we used the best scientific 
data available to designate critical habitat for Limnanthes floccosa 
ssp. grandiflora and Lomatium cookii. We reviewed available information 
that pertains to the habitat requirements of these species to determine 
those areas that contain the physical or biological features essential 
to the conservation of the species. Important sources of information 
included, but were not limited to, the proposed rule to designate 
critical habitat for these species (74 FR 37314); 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 used 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 2009), USDA 
soil maps, and United States Geological Survey (USGS) contour maps 
(USDA 2006a, 2006b, 2008; USGS 2002, 2009). We are not currently 
designating as critical habitat any areas outside the geographical 
range presently occupied by either Limnanthes floccosa 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 (range) 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)).
    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 or 
biological habitat features essential to the conservation of the 
species and which may require special management considerations or 
protection, 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 Limnanthes 
floccosa ssp. grandiflora status report (Meyers 2008, pp. 1-65), 
Service staff reports, data in reports submitted during section 7 
consultations and by biologists holding section 10(a)(1)(A) recovery 
permits, research published in peer-reviewed articles, research 
presented in academic theses and agency reports, regional GIS 
coverages, and the OSU herbarium record database (OSU 2007). We 
determined occupancy at the time of listing by comparing survey and 
collection information and descriptions of occupied areas in the final 
listing rule published in the Federal Register on November 7, 2002 (67 
FR 68004). At the time of the 2002 listing, 15 occurrences (sites) were 
known for Limnanthes floccosa ssp. grandiflora and 36 occurrences 
(sites) were known for Lomatium cookii (67 FR 68004).
    Since the final listing rule was published, we learned of 
additional areas that we 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 (C. Shohet, pers. comm. 2005). In addition, two other 
sites occupied by Lomatium cookii were identified after the listing. 
Although we were not aware of these occupied areas at the time of 
listing, we determined that they were extant at the time due to limited 
infrequent dispersal and establishment abilities by the plants (T. 
Kaye, pers. comm. 2010).
    Although various new occurrences have been identified since the 
time of listing in 2002, only four occurrences of Lomatium cookii 
correspond to new areas identified between the time of listing in 2002 
and the year 2009 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

[[Page 42505]]

Lomatium cookii that correspond to a total of 24 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. 
We incorporated most areas identified as priority 1 and 2 recovery 
areas in the draft recovery plan into this final designation. The one 
exception is a site at the Medford Airport that was identified as a 
recovery area for Limnanthes floccosa ssp. grandiflora in the draft 
recovery plan, but that did not meet the size and quality criteria for 
critical habitat, as described below, and thus is not included in this 
final designation. In addition, the occurrence has not been relocated 
for many years and is most likely extirpated.
    (4) We removed any nonfunctional vernal pool-mounded prairie or 
meadow habitat that was developed or degraded (not likely to contain 
PCEs) to ensure 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 some isolated areas (at least 0.6 mi (1 
km) distant from the next nearest area of appropriate habitat) of 
vernal pool-mounded prairie or meadow, or mixed conifer areas 
containing 10 or fewer reported individuals, as we observed that 
occurrences of this size have a tendency to become extirpated due to: 
(i) Lack of suitable habitat features (PCEs), (ii) lack of habitat 
area, or (iii) proximity to development activities. We reviewed 
occurrence information from ONHIC (2008) to substantiate this 
observation.
    We considered occurrences 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 either 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 these criteria, we are designating 24 units as critical 
habitat for the two species: 8 for Limnanthes floccosa ssp. grandiflora 
and 16 for Lomatium cookii. Two of the 24 units are shared by both 
species. After applying the above criteria, we mapped the critical 
habitat unit boundaries at each of these 24 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 2009) to assist in 
identifying areas that would provide the essential physical or 
biological features for the species, using digital habitat signatures.
    In addition, based on aerial imagery, when determining critical 
habitat boundaries in this final rule we made every effort to avoid 
including developed areas such as buildings, paved areas, and other 
structures that lack the features essential to the conservation of 
Limnanthes floccosa ssp. grandiflora or Lomatium cookii. We combined 
the polygons generated by our mapping based on the criteria described 
above with information from aerial photos to determine the final 
critical habitat unit boundaries of each site. The scale of the maps we 
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 final rule 
have been excluded by text in the rule and are not included for 
designation as critical habitat. Therefore, Federal actions limited to 
these areas would not trigger section 7 consultation with respect to 
critical habitat and the requirement of no destruction or adverse 
modification, unless they may affect the species, or features essential 
to the conservation of the species, or both, in adjacent critical 
habitat.
    We are designating as critical habitat lands that we determined 
were occupied at the time of listing and contain sufficient PCEs to 
support life history functions essential for the conservation of 
Limnanthes floccosa ssp. grandiflora and Lomatium cookii. We are 
designating 24 units of critical habitat based on sufficient PCEs being 
present to support the life processes of the species. Some units may 
contain all of the PCEs and support multiple life processes, and some 
units may contain only a subset of the PCEs necessary to support the 
species' use of the habitat.

Critical Habitat Designation

    We determined that 24 units totaling approximately 4,018 ha (9,930 
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 designating 8 
units of critical habitat for Limnanthes floccosa ssp. grandiflora and 
16 units for Lomatium cookii; two of these units, White City and 
Whetstone Creek in Jackson County, contain habitat for both species 
(see Tables 4, 5, 6, and 7,and unit descriptions below). The critical 
habitat areas described below constitute our best assessment at this 
time of areas that meet the definition of critical habitat for 
Limnanthes floccosa ssp. grandiflora and Lomatium cookii. We determined 
that all areas designated as critical habitat for Limnanthes floccosa 
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 designated 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 River 
Valley, Jackson County.
    The areas designated 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 IV1A and B--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; and (16) Unit IV13--Indian Hill. 
Units coded with ``IV'' are in the Illinois River Valley, Josephine 
County.
    The approximate area, land ownership, and occupancy status of each 
designated critical habitat unit are shown in Tables 4, 5, and 6. 
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. The information 
in the draft recovery plan is now somewhat dated; therefore more 
current information resulting from this evaluation may have led to some 
adjustments of recovery

[[Page 42506]]

areas that were recommended in the 2006 draft recovery plan. As 
described above, we assessed all areas we are designating as critical 
habitat to ensure that they provide the requisite PCEs essential to the 
conservation of the species as defined in this final rule.
    We present brief descriptions of all critical habitat units for 
Limnanthes floccosa ssp. grandiflora or Lomatium cookii, below.
Area 1: Jackson County, Oregon
    In Jackson County, we are designating 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 for Lomatium cookii species in 
Josephine County. All 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. 
Please see the Index Maps in the Regulation Promulgation section of 
this rule for the location of all critical habitat units.

Unit RV1: Shady Cove

    Unit RV1 consists of approximately 8 ha (20 ac) of intact vernal 
pool-mounded prairie and was occupied by Limnanthes floccosa ssp. 
grandiflora 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 that any activities occurred that likely would result in 
extirpation. Unit RV1 contains all of the PCEs for Limnanthes floccosa 
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 
is not designated as vernal pool fairy shrimp critical habitat. It 
parallels a 430-m (1,411-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 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 do not mention 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 has been leveled, indicating that agricultural development 
occurs nearby (ONHIC 2008). The unit occurs in an area of predominantly 
agricultural and grazing use (Borgias 2004, p. 8). We are not aware of 
any conservation agreements or management plans to conserve Limnanthes 
floccosa 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 plant species.

Unit RV2A, B, C, and D: Hammel Road

    Unit RV2 consists of approximately 69 ha (169 ac) of intact vernal 
pool-mounded prairie. The unit is currently occupied by Limnanthes 
floccosa ssp. grandiflora and was occupied at the time of listing 
(ONHIC 2008). This critical habitat unit contains all of the PCEs for 
Limnanthes floccosa 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 overlaps vernal pool fairy shrimp critical habitat 
subunit 1A (North Agate Desert Unit) (71 FR 7117; February 10, 2006). 
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 Limnanthes 
floccosa 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 Limnanthes floccosa ssp. grandiflora habitat within 
this unit. 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

    Unit RV3 consists of four subunits totaling 490 ha (1,210 ac) of 
intact vernal pool habitat that is currently occupied by Limnanthes 
floccosa ssp. grandiflora and was occupied at the time of listing 
(ONHIC 2008). This critical habitat unit contains all of the PCEs for 
Limnanthes floccosa 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 overlaps vernal pool fairy shrimp critical 
habitat subunits 1B, D, and G (North Agate Desert Unit) (71 FR 7117; 
February 10, 2006). 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 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 
Limnanthes floccosa ssp. grandiflora plants growing in intact vernal 
pool-mounded prairie habitat on a separate property within the unit 
were 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

[[Page 42507]]

in an area of predominant agricultural and grazing use (Borgias 2004, 
p. 8). Livestock 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 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 Limnanthes floccosa 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

    Unit RV4 consists of 243 ha (600 ac) of vernal pool-mounded prairie 
habitat, 36 ha (88 ac) of which are leveled. The critical habitat unit 
is currently occupied by Limnanthes floccosa ssp. grandiflora and was 
occupied at the time of listing (ONHIC 2008; Meyers 2008, p. 10). This 
critical habitat unit contains all of the PCEs for Limnanthes floccosa 
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 
is also designated as critical habitat for vernal pool fairy shrimp and 
overlaps vernal pool fairy shrimp critical habitat subunits 1C, E, and 
F (North Agate Desert Unit) (71 FR 7117; February 10, 2006). The vast 
majority of this 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 is 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'' (Meyers 2008, p. 10). 
The report also describes a Limnanthes floccosa 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 about 84 percent 
intact vernal pool-mounded prairie habitat (USDA 2006a; Meyers 2008, p. 
6).
    Some habitat within this unit appears to be degraded or destroyed 
(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).
    Threats facing vernal-pool mounded prairie habitat in this unit are 
agricultural development 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 TNC to 
manage grazing on the property, and withdraws development and 
agricultural development rights. Other special management 
considerations or protection on other properties within the unit may be 
needed to restore, protect, and maintain the PCEs supported by Unit RV4 
due to threats from agricultural development and the encroachment of 
invasive, nonnative, annual grasses.

Unit RV5: Table Rock Terrace

    Unit RV5 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 Limnanthes 
floccosa ssp. grandiflora plants (Meyers 2008, p. 59), a more recent 
survey verified the continued occupation of the unit by Limnanthes 
floccosa ssp. grandiflora (S. Friedman 2009, pers. obs.). This critical 
habitat unit contains all of the PCEs for Limnanthes floccosa 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 is 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 RV6A, B, C, D, E, F, G, and H: White City

    Unit RV6 consists of eight subunits that generally encompass the 
perimeter of White City. Subunits A through H are designated as 
critical habitat for Limnanthes floccosa ssp. grandiflora and include 
740 ha (1,829 ac). Subunits A, F, G, and H are designated as critical 
habitat for Lomatium cookii and include 546 ha (1,349 ac). This 740-ha 
(1,829-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 Limnanthes floccosa 
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 overlaps 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

[[Page 42508]]

north of Whetstone Creek and south of Antelope Road. Subunit RV6H 
roughly encircles the Hoover Ponds, east of Highway 62, and is 850 m 
(2,790 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 approximately 90 percent 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 an assessment and prioritization guide for 
the restoration and enhancement of vernal pool function across 86 ha 
(213 ac) of habitat owned by the 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 Limnanthes floccosa 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 conduct 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). The ODFW assessment and prioritization guide includes such 
actions as removing nonnative bunch grasses and restoring hydrologic 
flow by eliminating old road beds (Borgias et al. 2009, pp. 16-22). 
These actions will be implemented or scheduled as funding becomes 
available. 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

    Unit RV7 consists of 421 ha (1,039 ac) of intact vernal pool-
mounded prairie and swale habitat; the unit is currently occupied by 
Limnanthes floccosa ssp. grandiflora and was occupied at the time of 
listing (Meyers 2008, p. 45). This critical habitat unit contains all 
of the PCEs for Limnanthes floccosa 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 is designated as critical habitat for 
vernal pool fairy shrimp and overlaps 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 10 percent federally owned and 90 percent 
privately owned.
    The U.S. Bureau of Reclamation (BOR) completed a management plan 
for 38 ha (94 ac) of slightly degraded vernal pool-mounded prairie 
habitat within this unit. The BOR established protective measures to 
conserve vernal pool-mounded prairie habitat, and finalized a long-term 
management plan 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 Limnanthes floccosa ssp. grandiflora was 
observed in recently restored vernal pool-mounded prairie habitat on 
Federal land within the unit (Meyers 2008, p. 45).
    The PCEs in this unit are threatened by invasion of nonnative, 
herbaceous annuals; trash dumping; activities associated with fire 
management (fire-line construction); vandalism; unauthorized ORV use; 
and incompatible grazing practices (ONHDB 1994, p. 11; Borgias 2004, p. 
42). 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

    Unit RV8 consists of 344 ha (850 ac) of intact vernal pool-mounded 
prairie and swale habitat that was occupied by Limnanthes floccosa ssp. 
grandiflora and Lomatium cookii 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 Limnanthes 
floccosa 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 is designated as critical habitat for 
vernal pool fairy shrimp and overlaps vernal pool fairy shrimp critical 
habitat subunit 3C (White City West Unit) (71 FR 7117; February 10, 
2006). The unit occurs on State, County, municipal, and privately owned 
land located just west of White City. The unit is located approximately 
1.4 km (0.9 mi) southeast of the confluence of the Rogue River and 
Whetstone Creek, 2.2 km (1.4 mi) southwest of Tou Velle State Park, and 
2.9 km southeast of the confluence of Bear Creek and the Rogue River. 
The unit roughly parallels a 2.6-km (1.6-mi) stretch of Whetstone Creek 
to the south. The land in this unit is 9 percent State owned, 10 
percent municipally owned, and 81 percent privately owned.
    This unit includes highly intact vernal-pool mounded prairie 
habitat with partial protection by city regulation and private 
conservation easements. This is the only unit that includes a shrub and 
tree component within vernal pool-mounded prairie habitat. The Nature 
Conservancy manages a 58-ha (144-ac) parcel within this unit occupied 
by both Limnanthes floccosa ssp. grandiflora and Lomatium cookii. One 
of the primary purposes of the preserve is to conserve vernal pool-
mounded prairie habitat. The Nature Conservancy 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 (ONHDB 
1994, p. 11; Borgias 2004, p. 42). 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, B, C, D, and E: Medford Airport

    Unit RV9 consists of the five subunits: RV9A through E. Lomatium 
cookii was known from this unit since before the time it was listed 
(ONHIC 2008). Unit RV9 includes 34 ha (83 ac) of slightly degraded 
vernal pool-mounded prairie habitat. No areas within this unit are 
designated as vernal pool fairy shrimp critical habitat, nor does the 
occurrence

[[Page 42509]]

meet the minimum population size criteria to be designated as critical 
habitat for Limnanthes floccosa ssp. grandiflora (Meyers 2008, p 48). 
However, this critical habitat unit does contain all of the PCEs for 
Lomatium cookii and meets all other critical habitat criteria for the 
species. This unit is identified as the Rogue Airfield recovery core 
area in the draft recovery plan (USFWS 2006, pp. IV-12-IV-13). The five 
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. Subunits RV9B through E are located between 
Upton Slough and Bear Creek, 2 mi southeast of the junction of Vilas 
Road and Table Rock Road, 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 within the City of Medford urban growth boundary and are likely to 
become commercially developed.
    Threats facing the vernal pool-mounded prairie habitat in this unit 
are potential airport and commercial development. Construction of a new 
runway that could be placed across the densest population of Lomatium 
cookii is suggested in the long-term plan for the airport (Rogue Valley 
International-Medford Airport 2001, pp. 5-2-5-4; 6-4-6-6). Special 
management considerations or protection within the unit may be needed 
to conserve and maintain the PCEs supported by Unit RV9 due to this 
threat.
Area 2: Josephine County, Oregon
    In Josephine County, we are designating 13 critical habitat units 
for Lomatium cookii. The Josephine County units occur approximately 58 
km (30 mi) west of the nearest unit for this species in Jackson County. 
None of the Josephine County units are designated as critical habitat 
for the vernal pool fairy shrimp in Oregon. Please see the Index Maps 
in the Regulation Promulgation section of this rule for the location of 
all critical habitat units.

Unit IV1A and B: Anderson Creek

    Unit IV1 consists of two subunits (A and B) totaling 35 ha (85 ac) 
of intact wet meadow and mixed conifer 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 is identified in the draft recovery plan as the Anderson 
Creek recovery core area (USFWS 2006, pp. IV-11, IV-14). The unit is 
located on 66 percent privately owned and 44 percent federally 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 1.7 km (1.0 mi) 
northwest of the junction of Draper Valley Road and Indian Creek Road.
    The two occurrences of Lomatium cookii in this unit are the most 
northern known occurrences of the species in the Illinois River Valley. 
Recent surveys located two populations in this unit, one with 135 
plants and one with 1,000 plants. The two populations were reported as 
growing in open, grassy meadows (C. Shohet, pers. comm. 2005). Aerial 
imagery suggests the habitat in this unit is relatively intact wet 
meadow (USDA 2006a).
    Potential threats to the Lomatium cookii habitat in this unit 
include incompatible grazing practices, agricultural development, 
alterations in hydrology due to timber production, native and noxious 
weed encroachment, and woody vegetation succession as the result of 
fire suppression (J. Kagan, pers. comm. 2009; C. Shohet, pers. comm. 
2005). Grazing is a common agricultural practice in the area (J. Kagan, 
pers. comm. 2009), 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

    Unit IV2 consists of 28 ha (70 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 is 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 River 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 are 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

    Unit IV3 consists of 152 ha (374 ac) of oak and pine forests, 
mixed-conifer, and understory shrub habitat. Lomatium

[[Page 42510]]

cookii occupied this unit at the time of listing and continues to be 
found here (ONHIC 2008). Based on comments we received from BLM, we 
added 47 ha (114 ac) of Federal (BLM) land to this unit that were not 
included in the July 28, 2009, proposed rule (74 FR 37314). Unit IV3 
contains all of the PCEs for Lomatium cookii and is 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 74 percent 
federally owned and 26 percent privately owned.
    The habitat in this unit is primarily threatened by road 
maintenance, woody vegetation succession, and garbage dumping. Road 
maintenance often fragments populations and can directly affect plants. 
Woody vegetative succession can impact Lomatium cookii populations in 
this unit by over-shading. Due to this threat, the plants observed in 
this unit occur in smaller numbers, grow in more limited areas, and 
appear to be more fragmented compared to other Illinois River Valley 
populations (ONHIC 2008). Garbage dumping also directly impacts plants 
and can fragment habitats. Timber harvesting and its associated impacts 
(road construction, alteration of hydrology) occur 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, garbage dumping, and road 
maintenance.

Unit IV4: Reeves Creek East

    Unit IV4 consists of 83 ha (204 ac) of intact mixed confer and 
understory shrub habitat and has been occupied by Lomatium cookii since 
the time of listing (ONHIC 2008). Based on comments we received from 
BLM, we added 14 ha (37 ac) of Federal (BLM) land to this unit that 
were not included in the July 28, 2009, proposed rule (74 FR 37314). 
Unit IV4 contains all of the PCEs for Lomatium cookii and is 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 70 percent federally owned and 30 percent 
privately owned.
    The understory shrub and mixed conifer habitat in this unit is 
primarily threatened by activities associated with timber harvesting 
practices, road maintenance, garbage dumping, 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 River 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

    Unit IV5 consists of 165 ha (407 ac) of intact sloped mixed conifer 
and understory shrub habitat. This unit was occupied by Lomatium cookii 
at the time of listing, and the species continues to be found there 
(ONHIC 2008). Based on comments we received from BLM, we added 7 ha (16 
ac) of Federal (BLM) land to this unit that were not included in the 
July 28, 2009, proposed rule (74 FR 37314). Unit IV5 contains all of 
the PCEs for Lomatium cookii and is identified in the draft recovery 
plan as the Reeves Creek West recovery core area (USFWS 2006, pp. IV-
11, IV-14). The unit is located on both Federal and private land 
roughly parallel to Highway 199 for 2.5 km (1.6 mi), which is 500 m 
(1,640 ft) west of the unit. The unit is located 1.6 km (1.0 mi) north 
of Cave Junction, 1 km (0.6 mi) southeast of Sauers Flat, 0.8 km (0.5 
mi) 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 95 
percent federally owned and 5 percent privately owned.
    The habitat in this unit is primarily threatened by vegetative 
succession. Impacts associated with timber harvesting, road 
maintenance, garbage dumping, and ORV use are threats that could affect 
the habitat within this unit within the next few years. The Lomatium 
cookii population 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 mixed conifer patches 
dispersed within a young forest (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

    Unit IV6 consists of two subunits (A and B) totaling 182 ha (449 
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 is 
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 and 
1.0 km (0.6 mi) 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 over 99 
percent privately owned, with less than 1 percent owned by the State.
    Unit IV6 is open meadow and roadside habitat at the base of Lime 
Rock. Highway 46 crosses one of the populations and gravel was spread 
on the population at a pull-out. This 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 River Valley. However, 
the Lomatium cookii population has been monitored since April 2003, and 
after several years of population size increases, the population has 
recently

[[Page 42511]]

declined. The specific cause of the decline is not known.
    The primary threats to the habitat in this unit are periodic 
roadside disturbance and rural development. Roadside disturbance caused 
by some illegal heavy equipment entry, vehicle traffic, and ODOT 
maintenance has occurred periodically along the roadside portion of 
this site. These impacts have affected the population in the last few 
years. ODOT manages the population closely and has been able to 
minimize impacts caused by road repairs. The impacts caused by a 
commercial development could compromise the PCEs in this area. 
Nonnative invasive plants are present along the roadside, but are 
sparse, perhaps due to the serpentine soil influences that are present 
at this site.
    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, and roadside 
disturbance.

Unit IV7: Illinois River Forks State Park

    Unit IV7 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 
is 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, is 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) reach 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 supports 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, garbage dumping, 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

    Unit IV8 consists of 234 ha (579 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 is 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 and 5.3 km 
(3.3 mi) north of O'Brien. It is also 0.14 km (0.09 mi) west of the 
confluence of Woodcock Creek and the West Fork Illinois River. It also 
occurs along a 3.3-km (2.0-mi) stretch of West Side Road. Unit IV7 is 
0.4 km (0.25 mi) west of Highway 199 and roughly parallels the highway 
for 5.0 km (3.1 mi). This unit occurs on 1 percent Federal and 99 
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; garbage dumping; competition from nonnative, invasive 
plant species; and incompatible agricultural development. Special 
management considerations or protection may be required to restore, 
protect, and maintain the PCEs supported by Unit IV8 due to these 
threats and potentially from incompatible grazing practices.

Unit IV9: Riverwash

    Unit IV9 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 is 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 and 
6.1 km (3.8 mi) north-northeast of O'Brien. It is located along the 
east bend of the West Fork Illinois River, 0.7 km (0.43 mi) 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 small (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, garbage dumping, 
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

    Unit IV10 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 is 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, 0.9 km (0.6 mi) 
north of the intersection of Sherrier Drive and Raintree Drive, and 1.7 
km (1.1 mi) southwest of the confluence of Althouse Creek and the East 
Fork Illinois River. It also parallels a 0.3-km (0.19-mi) 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, garbage dumping, competition from 
nonnative plant species, and woody vegetative succession.

[[Page 42512]]

Unit IV11: Rough and Ready Creek

    Unit IV11 consists of 118 ha (292 ac) of intact wet meadow habitat. 
Lomatium cookii has been known from this unit since the time of listing 
(ONHIC 2008). Based on comments we received from BLM, we added 57 ha 
(140 ac) of Federal (BLM) land to this unit that were not included in 
the July 28, 2009, proposed rule (74 FR 37314). Unit IV11 contains all 
of the PCEs for Lomatium cookii and is 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, and is located 3 km (1.9 
mi) north of O'Brien, 0.9 km (0.6 mi) west of the Rough and Ready 
Forest Wayside State Park, and 122 m (400 ft) east of the confluence of 
the Illinois River and Rough and Ready Creek. The land in this unit is 
74 percent federally owned and 26 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 not considered to be large, it is stable and appears to 
be resilient to various ORV threats and alterations in hydrology.
    Threats present at this unit include disturbance or destruction 
from ORVs; nonnative, invasive forbs; alteration in hydrology caused by 
roadside maintenance; garbage dumping; competition from invasive, 
nonnative plant species; 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

    Unit IV12 consists of 492 ha (1,216 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 
is 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, and 0.3 km (0.2 mi) east of the confluence of Rough and 
Ready Creek and the West Fork Illinois River. It also follows along a 
1.6-km (1.0-mi) stretch of Rockydale Road. Land within the unit is 
under 48 percent Federal ownership and 52 percent private ownership.
    This unit contains some of the largest areas of intact wet meadow 
habitat within the Illinois River Valley. Several Lomatium cookii 
populations occur within this unit. Two of the Lomatium cookii 
populations in the unit on BLM land, each in excess of 40,000 
individuals, have been closely monitored 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 is 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 (vole) herbivory on Lomatium 
cookii plants; and competition with invasive, nonnative, annual plant 
species. 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 designating Unit IV13 as critical habitat for Lomatium 
cookii. This unit consists of 22 ha (54 ac) of intact wet meadow 
habitat. It has been occupied by Lomatium cookii since the time of 
listing. Based on comments we received from BLM, we added 4 ha (9 ac) 
of Federal (BLM) land to this unit that was not included in the July 
28, 2009, proposed rule (74 FR 37314). Unit IV13 contains all of the 
PCEs for Lomatium cookii, and is 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 0.9-km (0.6-mi) reach of the 
West Fork Illinois River, located approximately 0.3 km (0.2) 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 
0.35 km (0.2 mi) northwest of Indian Hill. The land within this unit is 
86 percent federally owned and 14 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 succession of woody vegetation, garbage 
dumping, nonnative invasive plant species, and herbivory by voles occur 
on the unit, population monitoring indicates the population is 
currently stable.
    Special management considerations or protection may be required to 
restore, protect, and maintain the PCEs supported by Unit IV13 due to 
threats from natural woody vegetative succession and vole herbivory.
    Tables 4 and 5 provide a summary of the approximate area (ha and 
ac) of units in Jackson County by Federal, State, county, municipal, 
and private ownership that we determined meet the definition of 
critical habitat for Limnanthes floccosa ssp. grandiflora and Lomatium 
cookii. Table 6 provides a summary of the approximate area (ha and ac) 
of units for Lomatium cookii in Josephine County by Federal, State, and 
private ownership that we determined meet the definition of critical 
habitat. Table 7 provides a summary of the total critical habitat area 
designated for both Limnanthes floccosa ssp. grandiflora and Lomatium 
cookii in Jackson and Josephine Counties; this total therefore does not 
include those areas of critical habitat designated for Lomatium cookii 
that overlap areas designated for Limnanthes floccosa ssp. grandiflora 
(that is, Units RV6A, F, G, H, and RV8).

Table 4--Critical habitat units and ownership in hectares (acres) for Limnanthes floccosa ssp. grandiflora in Jackson County, Oregon (totals may not sum
                                                                exactly due to rounding).
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                             Private ha   Municipal    County ha     State ha    Federal ha   Total Area
           Critical Habitat Unit                (ac)       ha (ac)        (ac)         (ac)         (ac)       ha (ac)           Population Status
--------------------------------------------------------------------------------------------------------------------------------------------------------
Shady Cove (RV1)                                 8 (20)        .....        .....        .....        .....       8 (20)  Occupied at time of listing
                                                                                                                           and believed to be currently
                                                                                                                          occupied (no recent surveys)
--------------------------------------------------------------------------------------------------------------------------------------------------------

[[Page 42513]]

 
Hammel Road (RV2A-D)                           69 (169)        .....        .....        .....        .....      69(169)  Occupied at time of listing
                                                                                                                           and currently occupied
--------------------------------------------------------------------------------------------------------------------------------------------------------
North Eagle Point (RV3A-D)                  490 (1,210)        .....        .....        .....        .....   490(1,210)  Occupied at time of listing
                                                                                                                           and currently occupied
--------------------------------------------------------------------------------------------------------------------------------------------------------
Rogue Plains (RV4)                          242.5 (599)        .....      0.5 (1)        .....        .....     243(600)  Occupied at time of listing
                                                                                                                           and currently occupied
--------------------------------------------------------------------------------------------------------------------------------------------------------
Table Rock Terrace (RV5)                       49 (122)        .....        .....        .....        .....     49 (122)  Occupied at time of listing
                                                                                                                           and currently occupied
--------------------------------------------------------------------------------------------------------------------------------------------------------
White City (RV6A-H)                           390 (964)     74 (183)      61(151)    215 (531)        .....  740 (1,829)  Occupied at time of listing
                                                                                                                           and currently occupied
--------------------------------------------------------------------------------------------------------------------------------------------------------
Agate Lake (RV7)                              392 (969)        .....        .....        .....      29 (70)   421(1,039)  Occupied at time of listing
                                                                                                                           and currently occupied
--------------------------------------------------------------------------------------------------------------------------------------------------------
Whetstone Creek (RV8)                         276 (682)      35 (85)       0.5(1)      33 (81)        .....    344 (850)  Occupied at time of listing
                                                                                                                           and currently occupied
--------------------------------------------------------------------------------------------------------------------------------------------------------
Total Area                                        1,916    109 (268)     62 (153)    248 (612)      29 (71)        2,363  ..............................
                                                (4,736)                                                          (5,840)
--------------------------------------------------------------------------------------------------------------------------------------------------------


   Table 5--Critical habitat units and ownership in hectares (acres) for Lomatium cookii in Jackson County, Oregon (totals may not sum exactly due to
                                                                       rounding).
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                   Municipal ha                                                          Total Area ha      Population
    Critical Habitat Unit       Private ha (ac)        (ac)         County ha (ac)     State ha (ac)   Federal ha (ac)        (ac)            Status
--------------------------------------------------------------------------------------------------------------------------------------------------------
White City (RV6A, F, G, H)*    292 (720)         77 (190)          50(125)           127 (314)         .....            546(1,349)       Occupied at
                                                                                                                                          time of
                                                                                                                                          listing and
                                                                                                                                          currently
                                                                                                                                          occupied
--------------------------------------------------------------------------------------------------------------------------------------------------------
Whetstone Creek (RV8)*         277 (685)         35(86.5)          0.2 (0.5)         32 (78)           .....            344(850)         Occupied at
                                                                                                                                          time of
                                                                                                                                          listing and
                                                                                                                                          currently
                                                                                                                                          occupied
--------------------------------------------------------------------------------------------------------------------------------------------------------
Medford Airport (RV9A-E)       3 (8)             .....             31 (75)           .....             .....            34 (83)          Occupied at
                                                                                                                                          time of
                                                                                                                                          listing and
                                                                                                                                          currently
                                                                                                                                          occupied
--------------------------------------------------------------------------------------------------------------------------------------------------------
Total Area Including           572 (1,413)       112(277)          81(200)           159 (392)         .....            924(2,282)       ...............
 Overlapping Units Shared
 with Limnanthes floccosa
 ssp. grandiflora
--------------------------------------------------------------------------------------------------------------------------------------------------------
Total Area of Units Occupied   3 (8)             .....             31 (75)           .....             .....            34 (83)          ...............
 Solely by Lomatium cookii
--------------------------------------------------------------------------------------------------------------------------------------------------------
*These units overlap with critical habitat designated for Limnanthes floccosa ssp. grandiflora, and therefore are not counted toward the total area of
  critical habitat designated.


[[Page 42514]]


  Table 6--Critical habitat units and ownership in hectares (acres) for Lomatium cookii in Josephine County, Oregon (totals may not sum exactly due to
                                                                       rounding).
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                   Municipal ha                                                          Total Area ha      Population
    Critical Habitat Unit       Private ha (ac)        (ac)         County ha (ac)     State ha (ac)   Federal ha (ac)        (ac)            Status
--------------------------------------------------------------------------------------------------------------------------------------------------------
Anderson Creek (IV1A-B)        23 (56)           .....             .....             .....             12(29)           35 (85)          Occupied at
                                                                                                                                          time of
                                                                                                                                          listing and
                                                                                                                                          currently
                                                                                                                                          occupied
--------------------------------------------------------------------------------------------------------------------------------------------------------
Draper Creek (IV2)             28(70)            .....             .....             .....             .....            28(70)           Occupied at
                                                                                                                                          time of
                                                                                                                                          listing and
                                                                                                                                          currently
                                                                                                                                          occupied
--------------------------------------------------------------------------------------------------------------------------------------------------------
Reeves Creek North (IV3)       40(100)           .....             .....             .....             112(274)         152 (374)        Occupied at
                                                                                                                                          time of
                                                                                                                                          listing and
                                                                                                                                          currently
                                                                                                                                          occupied
--------------------------------------------------------------------------------------------------------------------------------------------------------
Reeves Creek East (IV4)        25(61)            .....             .....             .....             58(143)          83 (204)         Occupied at
                                                                                                                                          time of
                                                                                                                                          listing and
                                                                                                                                          currently
                                                                                                                                          occupied
--------------------------------------------------------------------------------------------------------------------------------------------------------
Reeves Creek South (IV5)       8(20)             .....             .....             .....             157(387)         165 (407)        Occupied at
                                                                                                                                          time of
                                                                                                                                          listing and
                                                                                                                                          currently
                                                                                                                                          occupied
--------------------------------------------------------------------------------------------------------------------------------------------------------
Laurel Road (IV6A-B)           178 (439)         .....             .....             3.5 (10)           .....           182 (449)        Occupied at
                                                                                                                                          time of
                                                                                                                                          listing and
                                                                                                                                          currently
                                                                                                                                          occupied
--------------------------------------------------------------------------------------------------------------------------------------------------------
Illinois River Forks State     17 (42)           .....             .....             25 (60)           14 (34)          55 (136)         Occupied at
 Park (IV7)                                                                                                                               time of
                                                                                                                                          listing and
                                                                                                                                          currently
                                                                                                                                          occupied
--------------------------------------------------------------------------------------------------------------------------------------------------------
Woodcock Mountain (IV8)        223(552)          .....             .....             .....             11 (27)          234 (579)        Occupied at
                                                                                                                                          time of
                                                                                                                                          listing and
                                                                                                                                          currently
                                                                                                                                          occupied
--------------------------------------------------------------------------------------------------------------------------------------------------------
Riverwash (IV9)                7 (18.3)          .....             .....             0.5 (1.5)         4.5 (12)         12 (30)          Occupied at
                                                                                                                                          time of
                                                                                                                                          listing and
                                                                                                                                          currently
                                                                                                                                          occupied
--------------------------------------------------------------------------------------------------------------------------------------------------------
French Flat North (IV10)       35 (86)                                               .....             10 (25)          45 (110)         Occupied at
                                                                                                                                          time of
                                                                                                                                          listing and
                                                                                                                                          currently
                                                                                                                                          occupied
--------------------------------------------------------------------------------------------------------------------------------------------------------
Rough and Ready Creek (IV11)   31 (77)                                               .....             87(215)          118 (292)        Occupied at
                                                                                                                                          time of
                                                                                                                                          listing and
                                                                                                                                          currently
                                                                                                                                          occupied
--------------------------------------------------------------------------------------------------------------------------------------------------------
French Flat Middle (IV12)      254(627)                                              .....             238(589)         492 (1,216)      Occupied at
                                                                                                                                          time of
                                                                                                                                          listing and
                                                                                                                                          currently
                                                                                                                                          occupied
--------------------------------------------------------------------------------------------------------------------------------------------------------
Indian Hill (IV13)             3 (8)                                                 .....             19 (46)          22 (54)          Occupied at
                                                                                                                                          time of
                                                                                                                                          listing and
                                                                                                                                          currently
                                                                                                                                          occupied
--------------------------------------------------------------------------------------------------------------------------------------------------------
Total Area                     872 (2,153)                                           29 (72)           723 (1,781)      1,621 (4,006)    ...............
--------------------------------------------------------------------------------------------------------------------------------------------------------


[[Page 42515]]


  Table 7--Total area of critical habitat units and ownership in hectares (acres) for both Limnanthes floccosa spp. grandiflora and Lomatium cookii in
                          Jackson and Josephine Counties, Oregon (from Tables 4-6; totals may not sum exactly due to rounding).
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                        Municipal ha    County ha     State ha     Federal ha
           Critical Habitat Units                  Private ha (ac)          (ac)          (ac)          (ac)          (ac)         Total Area ha (ac)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Limnanthes floccosa spp. grandiflora -                  1,916 (4,736)     109 (268)      62 (153)     248 (612)       29 (71)             2,363 (5,840)
 Jackson County
--------------------------------------------------------------------------------------------------------------------------------------------------------
Lomatium cookii - Jackson County (not                           3 (8)         .....       31 (75)         .....         .....                   34 (83)
 including areas of overlap with Limnanthes
 floccosa ssp. grandiflora)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Lomatium cookii - Josephine County                        872 (2,153)         .....         .....       29 (72)   723 (1,781)              1,621(4,006)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Total Area                                               2,791(6,897)      109(268)       93(228)      277(683)    752(1,852)              4,018(9,930)
--------------------------------------------------------------------------------------------------------------------------------------------------------

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 jeopardize the continued existence of a listed species or 
destroy or adversely modify critical habitat. Decisions by the court of 
appeals for the Fifth and Ninth Circuits invalidated our 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 
(9\th\ Cir 2004) and Sierra Club v. U.S. Fish and Wildlife Service et 
al., 245 F.3d 434, 442F (5\th\ Cir 2001)), and we do not rely on this 
regulatory definition when analyzing whether an action is likely to 
destroy or adversely modify critical habitat. Under the statutory 
provisions of the Act, we determine destruction or adverse modification 
on the basis of 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 
periodically support the species) to serve its intended conservation 
role for the species.
    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. 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 (such discretionary involvement 
or control over the action is authorized by law). 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 or control may affect 
subsequently listed species or designated critical habitat.
    Federal activities that may affect Limnanthes floccosa ssp. 
grandiflora or Lomatium cookii or its designated critical habitat 
require section 7 consultation under the Act. 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 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.

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 analysis required by

[[Page 42516]]

section 7(a)(2) of the Act 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 or 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 rangewide status of the species, 
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 the species in the area affected by 
the proposed Federal action and the role of affected populations in the 
survival and recovery of the species. 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 Federal action, the affected 
critical habitat would continue to serve its intended conservation role 
for the species, or retain those PCEs that relate to the ability of the 
area to periodically support 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 Limnanthes floccosa ssp. grandiflora or Lomatium cookii. 
Generally, the conservation role of Limnanthes floccosa ssp. 
grandiflora and Lomatium cookii critical habitat units is to support 
the various life-history needs of the species 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 
Limnanthes floccosa ssp. grandiflora or 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, activities involving a Federal action that may destroy or 
adversely modify such habitat, or that may be affected by such 
designation.
    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, mining, timber harvest, 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 Limnanthes floccosa 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, existing road maintenance, mining, and timber 
harvest. 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, 
residential or recreational development, and grazing or mowing prior to 
seed set. These activities could prevent reproduction by reducing the 
numbers of pollinators, or by removal or destruction of reproductive 
plant parts.

Exemptions and Exclusions

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 critical habitat units we are designating. Therefore, we are 
not exempting lands from this final designation of critical habitat for 
Limnanthes floccosa ssp. grandiflora and Lomatium cookii under section 
4(a)(3)(B)(i) of the Act.

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

[[Page 42517]]

any particular area as critical habitat. The Secretary may exclude an 
area from critical habitat if it is determined the benefits of such 
exclusion outweigh the benefits of specifying such area as part of the 
critical habitat, unless it can be determined, 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.
    In the following sections, we address a number of general issues 
that are relevant to the exclusions made in this final rule. In 
addition, we conducted an economic analysis of the impacts of the 
proposed critical habitat designation and related factors, which we 
made available for public review and comment (75 FR 1568; January 12, 
2010). Based on public comments we received on that document, the 
proposed designation itself, and the information in the final economic 
analysis, the Secretary may exclude from critical habitat additional 
areas beyond those identified in this assessment under the provisions 
of section 4(b)(2) of the Act. This is also addressed in our 
implementing regulations at 50 CFR 424.19.

Exclusions Based on Economic Impacts

    Under section 4(b)(2) of the Act, we consider the economic impacts 
of specifying any particular area as critical habitat. In order to 
consider economic impacts, we prepared a draft economic analysis, which 
we made available for public review on January 12, 2010 (75 FR 1568), 
based on the July 28, 2009, proposed rule (74 FR 37314). We opened a 
comment period on the draft economic analysis for 30 days, until 
February 11, 2010, and we received six comments during that comment 
period. Following the close of the comment period, we developed a final 
analysis of the potential economic effects of the designation, taking 
into consideration any new information.
    The intent of the final economic analysis is to quantify the 
economic impacts of all potential conservation efforts for Limnanthes 
floccosa ssp. grandiflora and Lomatium cookii. Some of these costs will 
likely be incurred regardless of whether we designate critical habitat 
(baseline). The economic impact of the final critical habitat 
designation is analyzed by comparing scenarios both ``with critical 
habitat'' and ``without critical habitat.'' The ``without critical 
habitat'' scenario represents the baseline for the analysis, 
considering protections already in place for the species (e.g., under 
the Federal listing and other Federal, State, and local regulations). 
The baseline, therefore, represents the costs incurred regardless of 
whether critical habitat is designated. The ``with critical habitat'' 
scenario describes the incremental impacts associated specifically with 
the designation of critical habitat for the species. The incremental 
conservation efforts and associated impacts are those not expected to 
occur absent the designation of critical habitat for the species. In 
other words, the incremental costs are those attributable solely to the 
designation of critical habitat above and beyond the baseline costs; 
these are the costs we consider in the final designation of critical 
habitat. The analysis looks retrospectively at baseline impacts 
incurred since the species was listed, and forecasts both baseline and 
incremental impacts likely to occur with the designation of critical 
habitat.
    The final economic analysis also addresses how potential economic 
impacts are likely to be distributed, including an assessment of any 
local or regional impacts of habitat conservation and the potential 
effects of conservation activities on government agencies, private 
businesses, and individuals. The final economic analysis measures lost 
economic efficiency associated with residential and commercial 
development and public projects and activities, such as economic 
impacts on water management and transportation projects, Federal lands, 
small entities, and the energy industry. Decision-makers can use this 
information to assess whether the effects of the designation might 
unduly burden a particular group or economic sector. Finally, the final 
economic analysis looks retrospectively at costs that were incurred 
since November 7, 2002, when we listed Limnanthes floccosa ssp. 
grandiflora and Lomatium cookii under the Act (67 FR 68004), and 
considers those costs that may occur in the 20 years following the 
designation of critical habitat, which was determined to be the 
appropriate period for analysis because limited planning information 
was available for most activities to forecast activity levels for 
projects beyond a 20-year timeframe. The final economic analysis 
quantifies economic impacts of Limnanthes floccosa ssp. grandiflora and 
Lomatium cookii conservation efforts associated with development 
activities.
    Total baseline impacts are estimated to be $7.83 million to $157 
million, and incremental impacts are estimated to range from $95,200 to 
$403,000 between 2010 and 2029, applying a 7 percent discount rate. The 
majority of estimated baseline costs arise from anticipated mitigation 
for future development activities, which account for 99 percent of the 
high-end costs estimated in the analysis. Incremental impacts are 
forecast to be entirely administrative costs of section 7 
consultations. We determined that including the additional BLM land 
portions within the critical habitat designation will not impact any 
timber sales, grazing leases, active mining claims, or other activities 
on these Federal lands, and will not alter the economic analysis of the 
designation.
    Our economic analysis did not identify any disproportionate costs 
that are likely to result from the designation. Consequently, the 
Secretary has determined not to exercise his discretion to exclude any 
areas from this designation of critical habitat for Limnanthes floccosa 
ssp. grandiflora and Lomatium cookii based on economic impacts. A copy 
of the final economic analysis with supporting documents may be 
obtained by contacting the Oregon Fish and Wildlife Office (see 
ADDRESSES) or for downloading from the Internet at http://www.regulations.gov.

Exclusions Based on National Security Impacts

    Under section 4(b)(2) of the Act, we consider whether there are 
lands owned or managed by the Department of Defense (DOD) where the 
designation of critical habitat might present an impact to national 
security. In preparing this final rule, we determined that no lands 
within the designation of critical habitat for Limnanthes floccosa ssp. 
grandiflora and Lomatium cookii are owned or managed by the DOD, and, 
therefore, we anticipate no impact to national security. The Secretary 
has determined not to exercise his discretion to exclude any areas from 
this final designation based on impacts on national security.

Exclusions Based on Other Relevant Impacts

    Under section 4(b)(2) of the Act, we consider other relevant 
impacts, in addition to economic impacts and impacts on national 
security. We consider a number of factors, including whether landowners 
developed any habitat conservation plans (HCPs), Safe Harbor Agreements 
(SHAs), or other resource management plans for the areas proposed for 
designation, or whether there are conservation partnerships that would 
be encouraged by designation of, or exclusion from, critical habitat. 
In addition, we look at any Tribal issues,

[[Page 42518]]

and consider the government-to-government relationship of the United 
States with Tribal entities. We also consider any social impacts that 
might occur because of the designation.
    In preparing this final rule, we determined that there are 
currently no HCPs or SHAs for Limnanthes floccosa ssp. grandiflora and 
Lomatium cookii. The final designation does not include any Tribal 
lands or trust resources. Accordingly, the Secretary has determined not 
to exercise his discretion to exclude any areas under section 4(b)(2) 
of the Act based on other relevant impacts.

Required Determinations

Regulatory Planning and Review--Executive Order 12866

    The Office of Management and Budget (OMB) has determined that this 
rule is not significant under Executive Order 12866 (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 (RFA; 5 U.S.C. 601 et seq.), 
as amended by the Small Business Regulatory Enforcement Fairness Act 
(SBREFA) of 1996 (5 U.S.C. 801 et seq.), whenever an agency must 
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 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. In this final rule, we are certifying that the critical 
habitat designation for Limnanthes floccosa ssp. grandiflora and 
Lomatium cookii will not have a significant economic impact on a 
substantial number of small entities. The following discussion explains 
our rationale.
    According to the Small Business Administration, small entities 
include small organizations, such as independent nonprofit 
organizations; small governmental jurisdictions, including school 
boards and city and town governments that serve fewer than 50,000 
residents; as well as small businesses (13 CFR 121.201). Small 
businesses include manufacturing and mining concerns with fewer than 
500 employees, wholesale trade entities with fewer than 100 employees, 
retail and service businesses with less than $5 million in annual 
sales, general and heavy construction businesses with less than $27.5 
million in annual business, special trade contractors doing less than 
$11.5 million in annual business, and agricultural businesses with 
annual sales less than $750,000. To determine if potential economic 
impacts to these small entities are significant, we consider the types 
of activities that might trigger regulatory impacts under this rule, as 
well as the types of project modifications that may result. In general, 
the term significant economic impact is meant to apply to a typical 
small business firm's business operations.
    To determine if the critical habitat designation for Limnanthes 
floccosa ssp. grandiflora and Lomatium cookii could significantly 
affect a substantial number of small entities, we consider the number 
of small entities affected within particular types of economic 
activities (e.g., mining, grazing, agriculture, and other activities). 
We apply the ``substantial number'' test individually to each industry 
to determine if certification is appropriate. However, the SBREFA does 
not explicitly define ``substantial number'' or ``significant economic 
impact.'' Consequently, to assess whether a ``substantial number'' of 
small entities is affected by this designation, this analysis considers 
the relative number of small entities likely to be impacted in an area. 
In some circumstances, especially with critical habitat designations of 
limited extent, we may aggregate across all industries and consider 
whether the total number of small entities affected is substantial. In 
estimating the number of small entities potentially affected, we also 
consider whether their activities have any Federal involvement.
    Designation of critical habitat only affects activities authorized, 
funded, or carried out by Federal agencies. Some kinds of activities 
are unlikely to have any Federal involvement and so will not be 
affected by critical habitat designation. In areas where the species is 
present, Federal agencies already are required to consult with us under 
section 7 of the Act on activities they authorize, fund, or carry out 
that may affect Limnanthes floccosa ssp. grandiflora or Lomatium 
cookii. Federal agencies also must consult with us if their activities 
may affect critical habitat. Designation of critical habitat, 
therefore, could result in an additional economic impact on small 
entities due to the requirement to reinitiate consultation for ongoing 
Federal activities (see Application of the Jeopardy and Adverse 
Modification Standards section).
    In our final economic analysis of the critical habitat designation, 
we evaluated the potential economic effects on small entities resulting 
from conservation actions related to the listing of Limnanthes floccosa 
ssp. grandiflora and Lomatium cookii and the designation of critical 
habitat. The analysis is based on the estimated impacts associated with 
the rulemaking as described in sections 3 through 7 of the final 
economic analysis, and evaluated the potential for economic impacts 
related to development, transportation, and species conservation and 
management activities. The economic analysis additionally considered 
the potential economic impacts of the designation on agriculture, 
grazing, timber harvest, fire management, recreation, and mining, but 
concluded that these activities were not likely to incur measurable 
economic impacts; thus they were not considered further.
    As discussed in Appendix A, the final economic analysis did not 
forecast any incremental impacts of the critical habitat designation 
beyond additional administrative costs associated with considering 
adverse modification during future section 7 consultations. Small 
entities may participate in section 7 consultation regarding Limnanthes 
floccosa ssp. grandiflora or Lomatium cookii as a third party (the 
primary consulting parties being the Service and the Federal action 
agency), and may spend additional time and effort considering potential 
critical habitat issues. These incremental administrative costs of 
consultation potentially borne by third parties formed the subject of 
the analysis of potential impacts to small entities.

[[Page 42519]]

    Of the activities addressed in the analysis, only development 
activities are expected to potentially experience any incremental, 
administrative consultation costs that may be borne by small entities. 
These costs may arise when the U.S. Army Corps of Engineers consults 
with the Service on section 404 permits under the Clean Water Act, with 
small businesses as third parties. Third parties involved in past 
development consultations included Jackson County and private 
developers. The population of Jackson County was approximately 201,000 
in 2008; thus, Jackson County exceeds the small governmental 
jurisdiction population threshold of 50,000 people, and is not 
considered a small governmental entity. Private developers included 
local development companies, such as Galpin and Associates, and 
commercial entities, such as Amy's Kitchen, Inc. Forecast consultations 
on development projects are expected to include Jackson County 
agencies, local private developers, and relatively large commercial 
entities as contained in the consultation history.
    To the extent that forecast consultations include Jackson County 
agencies or large commercial entities, incremental administrative costs 
will not be borne by small entities. However, a large portion of 
forecast consultations for development activities are expected to 
include local private developers, which may be small entities depending 
on their annual revenues. In the past, development projects within the 
study area included site preparation such as leveling of land, filling 
of wetlands, and excavation in addition to building construction. 
Therefore, land subdivision, which includes excavating land and 
preparing it for future residential, commercial, and industrial 
construction, is identified as the most-applicable industry to capture 
local private developers that may bear incremental administrative costs 
due to the designation of critical habitat. According to the final 
economic analysis (pp. A-4 to A-7), expected annual impacts to the land 
subdivision industry ($1,040 under the low impact scenario and $6,140 
under the high impact scenario) are significantly less than the maximum 
annual revenues that could be generated by a single small land 
subdivision entity ($7.0 million). Even if all impacts were borne by a 
single small development company, the estimated annualized impact would 
represent less than one percent of total annual revenues under both the 
low and high impact scenarios. Therefore, based on the foregoing 
analysis, we do not expect this regulation to have a significant impact 
on any small businesses.
    In summary, we considered whether the designation would result in a 
significant economic impact on a substantial number of small entities. 
Based on the above reasoning and currently available information, we 
concluded that this rule will not have a significant economic impact on 
a substantial number of small businesses, small government 
jurisdictions, or small organizations. Therefore, we are certifying 
that the designation of critical habitat for Limnanthes floccosa ssp. 
grandiflora and Lomatium cookii will not have a significant economic 
impact on a substantial number of small entities, and a regulatory 
flexibility analysis is not required.

Energy Supply, Distribution, or Use--Executive Order 13211

    On May 18, 2001, the President issued Executive Order 13211 (E.O. 
13211; ``Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use'') on regulations that 
significantly affect energy supply, distribution, and use. E.O. 13211 
requires Federal agencies to prepare Statements of Energy Effects when 
undertaking certain actions. OMB has provided guidance for implementing 
this Executive Order that outlines nine outcomes that may constitute a 
significant adverse effect when compared to not taking the regulatory 
action under consideration. The economic analysis finds that none of 
these criteria are relevant to this analysis. Thus, based on 
information in the economic analysis, energy-related impacts associated 
with Limnanthes floccosa ssp. grandiflora or Lomatium cookii 
conservation activities within critical habitat are not expected. We 
considered the inclusion of the additional BLM land portions in this 
analysis as well. We determined that because no energy resources are 
known in this area and no additional mining leases are present in the 
additional BLM land portions within the critical habitat designation, 
energy-related projects will not be impacted on these Federal lands. As 
such, the designation of critical habitat 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.

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

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

[[Page 42520]]

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.
    (2) We do not believe that this rule will significantly or uniquely 
affect small governments because the final economic analysis indicates 
that the only incremental impacts that may be borne by small entities 
are development activities The only third parties identified in the 
past as having costs associated with formal section 7 consultations 
related to development are Jackson County and private developers. As 
the population of Jackson County, at 201,000 in 2008, exceeds the small 
governmental jurisdiction population threshold of 50,000, it is not 
considered a small government. Since we determined that no small 
governments will be affected by this regulation, a Small Government 
Agency Plan is not required.

Takings--Executive Order 12630

    In accordance with E.O. 12630 (``Government Actions and 
Interference with Constitutionally Protected Private Property 
Rights''), we analyzed the potential takings implications of 
designating critical habitat for Limnanthes floccosa ssp. grandiflora 
and Lomatium cookii in a takings implications assessment. Critical 
habitat designation does not affect landowner actions that do not 
require Federal funding or permits, nor does it preclude development of 
habitat conservation programs or issuance of incidental take permits to 
permit actions that do require Federal funding or permits to go 
forward. 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 designation.

Federalism--Executive Order 13132

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

Civil Justice Reform--Executive Order 12988

    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 final critical habitat 
designation in accordance with the provisions of the Act. This final 
rule uses standard property descriptions and identifies the physical or 
biological features essential to the conservation of the two species 
within the designated areas to assist the public in understanding the 
habitat needs of Limnanthes floccosa ssp. grandiflora and Lomatium 
cookii.

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 (42 U.S.C. 4321 et seq.)

    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)).

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 
Governments'' (59 FR 22951), E.O. 13175, and the Department 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 determined that there are no 
Tribal lands that were occupied by the species at the time of listing 
that contain the features essential for the conservation of Limnanthes 
floccosa ssp. grandiflora and Lomatium cookii, and no unoccupied Tribal 
lands that are essential for the conservation of Limnanthes floccosa 
ssp. grandiflora and Lomatium cookii. Therefore, we are not designating 
critical habitat for Limnanthes floccosa ssp. grandiflora and Lomatium 
cookii on Tribal lands.

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 ADDRESSES) or from http://www.regulations.gov.

Authors

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

List of Subjects in 50 CFR Part 17

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

Regulation Promulgation

0
Accordingly, we amend part 17, subchapter B of chapter I, title 50 of 
the Code of Federal Regulations, as set forth below:

[[Page 42521]]

PART 17--[AMENDED]

0
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.

0
2. Amend Sec.  17.12(h) by revising the entries for ``Limnanthes 
floccosa ssp. grandiflora'' and ``Lomatium cookii'' under ``FLOWERING 
PLANTS'' in the List of Endangered and Threatened Plants to read as 
follows:


Sec.  17.12  Endangered and threatened plants.

* * * * *
    (h) * * *

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

* * * * *
0
3. In Sec.  17.96, amend paragraph (a) by adding an entry for 
``Lomatium cookii'' in alphabetical order under Family Apiaceae and by 
adding an entry for ``Limnanthes floccosa ssp. grandiflora'' in 
alphabetical order under Family Limnanthaceae, to read as follows:


Sec.  17.96  Critical habitat--plants.

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

Family Apiaceae: Lomatium cookii (Cook's lomatium, Cook's desert 
parsley)

    (1) Critical habitat units are depicted for Jackson and Josephine 
Counties, Oregon, on the maps below.
    (2) The primary constituent elements of critical habitat for 
Lomatium cookii are the habitat components that provide:
    (i) In the Rogue River Valley:
    (A) Vernal pools and ephemeral wetlands and depths 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:
    (1) Elevations from 372 to 411 m (1,220 to 1,350 ft);
    (2) Associated dominant native plants including, but not limited 
to: Alopecurus saccatus, Achnatherum lemmonii, Deschampsia 
danthonioides, Eryngium petiolatum, Lasthenia californica, Myosurus 
minimus, Navarretia leucocephala ssp. leucocephala, Phlox gracilis, 
Plagiobothrys bracteatus, Trifolium depauperatum, and Triteleia 
hyacinthina; and
    (3) A minimum area of 8 ha (20 ac) to provide intact hydrology and 
protection from development and weed sources.
    (B) The hydrologically and ecologically functional system of 
interconnected pools or ephemeral wetlands or depressions within a 
matrix of surrounding uplands that together form vernal pool complexes 
within the greater watershed. The associated features may include the 
pool basin and ephemeral wetlands; an intact hardpan subsoil underlying 
the surface soils up to 0.75 m (2.5 ft) in depth; and surrounding 
uplands, including mound topography and other geographic and edaphic 
features that support systems of hydrologically interconnected pools 
and other ephemeral wetlands (which may vary in extent depending on 
site-specific characteristics of pool size and depth, soil type, and 
hardpan depth).
    (C) 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.
    (D) No or negligible presence of competitive, nonnative invasive 
plant species. Negligible is defined for the purpose of this rule as a 
minimal level of nonnative plant species that will still allow Lomatium 
cookii to continue to survive and recover.
    (ii) In the Illinois River Valley:
    (A) Wet meadows in oak and pine forests, sloped mixed-conifer 
openings, and shrubby plant communities that are seasonally inundated 
and support native plant populations. Areas of sufficient size and 
quality are likely to have the following characteristics:
    (1) Elevations from 383 to 488 m (1,256 to 1,600 ft);
    (2) Associated dominant native plants including, but not limited 
to: Achnatherum lemmonii, Arbutus menziesii, Arctostaphylos viscida, 
Camassia spp., Ceanothus cuneatus, Danthonia californica, Deschampsia 
cespitosa, Festuca roemeri var. klamathensis, Poa secunda, Ranunculus 
occidentalis, and Limnanthes gracilis var. gracilis;
    (3) Occurrence primarily in bottomland Quercus garryana-Quercus 
kelloggii-Pinus ponderosa (Oregon white oak-California black oak-
ponderosa pine) forest openings along seasonal creeks; and
    (4) A minimum area of 8 ha (20 ac) to provide intact hydrology and 
protection from development and weed sources.

[[Page 42522]]

    (B) 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.
    (C) Silt, loam, and clay soils that are of ultramafic and 
nonultramafic alluvial origin, with a 0 to 40 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.
    (D) No or negligible presence of competitive, nonnative invasive 
plant species. Negligible is defined for the purpose of this rule as 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: Index map for critical habitat for Lomatium cookii in 
Jackson County, Oregon, follows:
BILLING CODE 4310-55-S

[[Page 42523]]

[GRAPHIC] [TIFF OMITTED] TR21JY10.000

BILLING CODE 4310-55-C

[[Page 42524]]

    (6) Unit RV6, subunits A, F, G, and H, for Lomatium cookii: White 
City, Jackson County, Oregon.
    (i) Unit RV6, subunits A, F, G, and H for Lomatium cookii comprises 
546 ha (1,349 ac) of 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) Subunit RV6A. Land bounded by the following UTM Zone 10, NAD83 
coordinates (E,N): 508682, 4697061; 508738, 4697064; 508676, 4697188; 
508661, 4697304; 508507, 4697315; 508489, 4697306; 508481, 4697273; 
508481, 4697211; 508462, 4697147; 508428, 4697153; 508293, 4697240; 
508208, 4697334; 508148, 4697450; 508117, 4697568; 508400, 4697602; 
508500, 4697715; 508448, 4697967; 508341, 4698225; 508480, 4698284; 
508497, 4698326; 508633, 4698334; 508626, 4698363; 508538, 4698365; 
508524, 4698385; 508746, 4698450; 508773, 4698387; 508694, 4698359; 
508743, 4698216; 509056, 4698316; 509010, 4698453; 509110, 4698452; 
509311, 4698259; 509493, 4698102; 509545, 4698084; 509355, 4698084; 
509135, 4698080; 509168, 4697920; 508972, 4697870; 509001, 4697835; 
508914, 4697794; 508862, 4697823; 508722, 4697808; 508730, 4697736; 
508689, 4697721; 508681, 4697635; 508712, 4697641; 509230, 4697727; 
509310, 4697563; 509400, 4697202; 509440, 4697029; 509533, 4697025; 
509526, 4696971; 510121, 4696967; 510129, 4697025; 511739, 4697040; 
511693, 4696746; 511409, 4696723; 511413, 4696842; 511294, 4696824; 
511270, 4696771; 510747, 4696759; 510740, 4696651; 511246, 4696655; 
511267, 4696562; 511267, 4696383; 511092, 4696381; 510807, 4696379; 
510537, 4696388; 510366, 4696504; 510324, 4696533; 510247, 4696540; 
510058, 4696498; 509873, 4696508; 509813, 4696504; 509771, 4696523; 
509697, 4696568; 509600, 4696585; 509529, 4696583; 509381, 4696564; 
509129, 4696552; 508984, 4696573; 508671, 4696641; 508573, 4696683; 
508455, 4696744; 508400, 4696802; 508320, 4696828; 508235, 4696956; 
508214, 4697027; 508463, 4697104; 508601, 4697067; 508682, 4697061.
    (iii) Subunit RV6F. Land bounded by the following UTM Zone 10, 
NAD83 coordinates (E,N): 516157, 4697446; 516113, 4697319; 515222, 
4697324; 515202, 4697271; 515033, 4697285; 515035, 4697791; 516149, 
4697751; 516157, 4697446. Land bounded by the following UTM Zone 10, 
NAD83 coordinates (E,N): 516162, 4698466; 516140, 4698214; 516149, 
4697960; 516028, 4697955; 515942, 4697933; 515819, 4697947; 515752, 
4697925; 515666, 4697936; 515540, 4697896; 515376, 4697904; 515041, 
4697952; 515055, 4698348; 515122, 4698420; 515165, 4698417; 515315, 
4698305; 515395, 4698283; 515403, 4698340; 515478, 4698342; 515481, 
4698391; 515548, 4698393; 515559, 4698222; 515620, 4698219; 515631, 
4698409; 515864, 4698377; 515854, 4698240; 515996, 4698278; 516023, 
4698463; 516162, 4698466.
    (iv) Subunit RV6G. Land bounded by the following UTM Zone 10, NAD83 
coordinates (E,N): 517363, 4696759; 517380, 4696683; 517424, 4696639; 
517460, 4696648; 517526, 4696572; 517491, 4696542; 517351, 4696625; 
517287, 4696695; 517217, 4696740; 517193, 4696711; 516712, 4696690; 
516601, 4696630; 516302, 4696628; 516213, 4696595; 516180, 4696557; 
516180, 4696505; 516183, 4696483; 516100, 4696483; 516062, 4696483; 
516060, 4696499; 516076, 4696561; 516057, 4696567; 516025, 4696439; 
516024, 4696360; 516020, 4696326; 516027, 4696295; 516057, 4696293; 
516065, 4696236; 516030, 4696218; 515906, 4696192; 515899, 4696751; 
516095, 4696752; 516098, 4696895; 516245, 4696937; 516405, 4696975; 
516400, 4697547; 516449, 4697593; 516578, 4697590; 516640, 4697528; 
516664, 4697441; 516684, 4697224; 516998, 4697195; 517053, 4697116; 
517155, 4696992; 517363, 4696759.
    (v) Subunit RV6H. Land bounded by the following UTM Zone 10, NAD83 
coordinates (E,N): 514039, 4696369; 514010, 4696329; 513917, 4696330; 
513916, 4696504; 514016, 4696501; 514032, 4696482; 514055, 4696458; 
514039, 4696369. Land bounded by the following UTM Zone 10, NAD83 
coordinates: 515596, 4696769; 515482, 4696601; 515485, 4696329; 515383, 
4696329; 515379, 4696456; 515331, 4696534; 515282, 4696436; 515109, 
4696430; 515109, 4696331; 514782, 4696332; 514786, 4696393; 514755, 
4696396; 514759, 4696508; 514563, 4696535; 514455, 4696768; 513944, 
4696774; 513856, 4696770; 513517, 4696773; 512576, 4696788; 512574, 
4696856; 512830, 4696853; 512830, 4696908; 512922, 4696905; 512920, 
4696879; 513081, 4696880; 513080, 4696856; 513180, 4696855; 513180, 
4696898; 513307, 4696897; 513306, 4696851; 513454, 4696851; 513453, 
4696893; 513530, 4696893; 513530, 4696838; 513609, 4696837; 513609, 
4696894; 513759, 4696895; 513759, 4696810; 514173, 4696809; 514173, 
4696891; 514244, 4696895; 514244, 4696811; 514555, 4696812; 514683, 
4696816; 514681, 4696895; 514857, 4696895; 514855, 4696758; 515028, 
4696760; 515027, 4696933; 515599, 4696932; 515599, 4696888; 515599, 
4696769; 515596, 4696769. Land bounded by the following UTM Zone 10, 
NAD83 coordinates (E,N): 515111, 4696236; 515252, 4696236; 515301, 
4696272; 515387, 4696272; 515386, 4696252; 515594, 4696267; 515596, 
4696108; 515512, 4695943; 515429, 4695944; 515427, 4695837; 515180, 
4695837; 515180, 4695990; 515092, 4695990; 515090, 4696228; 514916, 
4696225; 514922, 4695895; 514706, 4695899; 514713, 4695991; 514298, 
4695895; 514273, 4695897; 514269, 4696102; 514075, 4696098; 514071, 
4695895; 513880, 4695899; 513880, 4696153; 513977, 4696151; 513977, 
4696227; 514156, 4696236; 514261, 4696239; 514731, 4696231; 514731, 
4696288; 515110, 4696301; 515111, 4696236.
    (vi) Note: Map of Unit RV6 for Lomatium cookii follows:
BILLING CODE 4310-55-S

[[Page 42525]]

[GRAPHIC] [TIFF OMITTED] TR21JY10.001


[[Page 42526]]


    (7) Unit RV8 for Lomatium cookii: Whetstone Creek, Jackson County, 
Oregon.
    (i) Unit RV8 for Lomatium cookii consists of 344 ha (850 ac) of 
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) Land bounded by the following UTM Zone 10, NAD83 coordinates
    (E,N): 507195, 4697380; 507335, 4697312; 507411, 4697148; 507489, 
4696991; 507579, 4696913; 507601, 4696830; 507604, 4696619; 507801, 
4696622; 507961, 4696620; 508057, 4696621; 508104, 4696621; 508124, 
4696618; 508138, 4696555; 508140, 4696483; 508140, 4696428; 508089, 
4696423; 508033, 4696423; 508008, 4696409; 507958, 4696429; 507973, 
4696461; 507944, 4696487; 507916, 4696475; 507860, 4696472; 507797, 
4696307; 507804, 4695886; 508202, 4695883; 508202, 4695051; 507814, 
4695057; 507820, 4695259; 507012, 4695259; 507015, 4695418; 506686, 
4695430; 506686, 4695706; 506801, 4695704; 506794, 4695971; 506517, 
4695974; 506517, 4695919; 506390, 4695914; 506389, 4695791; 506199, 
4695790; 506198, 4695840; 505725, 4695839; 505725, 4695794; 505589, 
4695791; 505586, 4695960; 505787, 4695957; 505792, 4696631; 506152, 
4696631; 506531, 4696643; 506981, 4696645; 506986, 4696916; 506820, 
4696916; 506824, 4697131; 506986, 4697131; 506988, 4697318; 506789, 
4697291; 506787, 4697223; 506578, 4697214; 506578, 4696879; 506509, 
4696842; 506262, 4697197; 505415, 4697033; 505412, 4697323; 505491, 
4697339; 505512, 4697123; 505945, 4697194; 505959, 4697246; 505876, 
4697283; 505669, 4697233; 505601, 4697265; 505627, 4697366; 506667, 
4697565; 506868, 4697490; 507015, 4697441; 507195, 4697380.
    (iii) Note: Map of Unit RV8 for Lomatium cookii follows:

[[Page 42527]]

[GRAPHIC] [TIFF OMITTED] TR21JY10.002


[[Page 42528]]


    (8) Unit RV9, subunits A, B, C, D and E, for Lomatium cookii: 
Medford Airport, Jackson County, Oregon.
    (i) Unit RV9, subunits A through E, consists of 34 ha (83 ac) of 
slightly degraded vernal pool-mounded prairie habitat. The five 
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. Subunits RV9B through E are located between 
Upton Slough and Bear Creek, 2 mi (1.2 km) southeast of the junction of 
Vilas Road and Table Rock Road, and 1.7 km northeast of the junction of 
Interstate 5 and Highway 62.
    (ii) Subunit RV9A. Land bounded by the following UTM Zone 10, NAD83 
coordinates (E,N): 509758, 4692789; 509752, 4692988; 509793, 4692988; 
509805, 4692970; 509823, 4692950; 509906, 4692730; 509892, 4692718; 
509856, 4692677; 509772, 4692739; 509758, 4692789.
    (iii) Subunit RV9B. Land bounded by the following UTM Zone 10, 
NAD83 coordinates (E,N): 510350, 4691725; 510347, 4691751; 510396, 
4691782; 510425, 4691783; 510450, 4691777; 510460, 4691769; 510464, 
4691744; 510476, 4691665; 510596, 4691576; 510754, 4691398; 510518, 
4691300; 510350, 4691725.
    (iv) Subunit RV9C. Land bounded by the following UTM Zone 10, NAD83 
coordinates (E,N): 510986, 4691013; 510999, 4690872; 510623, 4691028; 
510540, 4691245; 510684, 4691307; 510779, 4691332; 510841, 4691196; 
510856, 4691169; 510904, 4691180; 510940, 4691117; 510972, 4691050; 
510986, 4691013.
    (v) Subunit RV9D. Land bounded by the following UTM Zone 10, NAD83 
coordinates (E,N): 510787, 4690863; 511011, 4690792; 511014, 4690640; 
510938, 4690621; 510948, 4690581; 510866, 4690542; 510787, 4690863.
    (vi) Subunit RV9E. Land bounded by the following UTM Zone 10, NAD83 
coordinates (E,N): 511100, 4690937; 511261, 4690939; 511278, 4690807; 
511295, 4690692; 511182, 4690560; 511065, 4690602; 511069, 4690886; 
511100, 4690937.
    (vii) Note: Map of Unit RV9 for Lomatium cookii follows:

[[Page 42529]]

[GRAPHIC] [TIFF OMITTED] TR21JY10.003


[[Page 42530]]


    (9) Note: Index map for critical habitat for Lomatium cookii in 
Josephine County, Oregon, follows:
[GRAPHIC] [TIFF OMITTED] TR21JY10.004


[[Page 42531]]


    (10) Unit IV1 for Lomatium cookii: Anderson Creek, Josephine 
County, Oregon.
    (i) Units IV1A and B comprise 35 ha (85 ac) of wet meadow and 
sloped mixed conifer habitat. Unit IV1A is located 3.5 km (2.2 mi) 
north of Selma, and 14 km (8.8 mi) north of Cave Junction; it is 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. It is also 1.7 km (1.0 mi) 
northwest of the junction of Draper Valley Road and Indian Creek Road. 
Unit IV1B is located 3.5 km (2.2 mi) north of Selma, 3.4 km (2.1 mi) 
southwest of Hays Hill Summit, and 0.8 km (0.5 mi) west of the junction 
of Draper Valley Road and Highway 199.
    (ii) Subunit IV1A. Land bounded by the following UTM Zone 10, NAD83 
coordinates (E,N): 450132, 4685506; 450182, 4685423; 450258, 4685440; 
450341, 4685369; 450451, 4685337; 450492, 4685286; 450463, 4685214; 
450384, 4685168; 450324, 4685180; 450136, 4684939; 450097, 4684797; 
450125, 4684724; 450118, 4684663; 450077, 4684623; 449974, 4684595; 
449871, 4684503; 449827, 4684535; 449857, 4684682; 450010, 4684867; 
449977, 4685017; 449977, 4685154; 450132, 4685506.
    (iii) Subunit IV1B. Land bounded by the following UTM Zone 10, 
NAD83 coordinates (E,N): 449150, 4684684; 449149, 4684605; 449148, 
4684439; 449114, 4684455; 449059, 4684456; 449045, 4684474; 449000, 
4684486; 448952, 4684470; 448914, 4684459; 448897, 4684429; 448877, 
4684363; 448879, 4684332; 448899, 4684317; 448945, 4684277; 448977, 
4684227; 449006, 4684202; 448742, 4684203; 448745, 4684608; 448751, 
4684601; 448779, 4684597; 448849, 4684594; 448885, 4684594; 448934, 
4684599; 448943, 4684575; 448985, 4684603; 448983, 4684633; 448948, 
4684633; 448938, 4684658; 448951, 4684678; 448956, 4684717; 448981, 
4684714; 448981, 4684699; 448990, 4684669; 449018, 4684661; 449018, 
4684685; 449018, 4684717; 449026, 4684742; 449050, 4684727; 449080, 
4684701; 449136, 4684690; 449150, 4684684.
    (iv) Note: Map of Unit IV1 for Lomatium cookii follows:

[[Page 42532]]

[GRAPHIC] [TIFF OMITTED] TR21JY10.005


[[Page 42533]]


    (11) Unit IV2 for Lomatium cookii: Draper Creek, Josephine County, 
Oregon.
    (i) Unit IV2 is composed of 28 ha (70 ac) of intact wet meadow 
habitat. It is located 2.7 km (1.7 mi) northeast of Selma and 13.5 km 
(8.4 mi) north of Cave Junction; it is along a 900-m (2,900-ft) stretch 
of Draper Creek, and is 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) Land bounded by the following UTM Zone 10, NAD83 coordinates 
(E,N): 451242, 4684043; 451367, 4683993; 451532, 4683974; 451567, 
4684008; 451563, 4683891; 451602, 4683895; 451664, 4684005; 451837, 
4683999; 451708, 4683823; 451520, 4683799; 451367, 4683807; 451246, 
4683828; 451140, 4683742; 451113, 4683558; 451204, 4683559; 451187, 
4683497; 451114, 4683457; 451153, 4683370; 451217, 4683399; 451290, 
4683586; 451509, 4683580; 451525, 4683544; 451534, 4683523; 451476, 
4683336; 451436, 4683194; 451357, 4683165; 451274, 4683025; 451205, 
4682997; 451325, 4683367; 450977, 4683347; 450991, 4683498; 450994, 
4683565; 451023, 4683703; 451077, 4683769; 451148, 4683813; 451171, 
4684155; 451242, 4684043.
    (iii) Note: Map of Unit IV2 for Lomatium cookii follows:

[[Page 42534]]

[GRAPHIC] [TIFF OMITTED] TR21JY10.006


[[Page 42535]]


    (12) Unit IV3 for Lomatium cookii: Reeves Creek North, Josephine 
County, Oregon.
    (i) Unit IV3 consists of 152 ha (374 ac) of sloped, mixed-conifer 
and shrubby 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) Land bounded by the following UTM Zone 10, NAD83 coordinates
    (E,N): 448276, 4676491; 448458, 4676873; 449039, 4676838; 448978, 
4676517; 448683, 4676474; 448666, 4676179; 448728, 4676143; 448827, 
4676123; 448859, 4676108; 448896, 4676118; 448997, 4676041; 448939, 
4676025; 448960, 4675969; 449010, 4675973; 449127, 4676059; 449191, 
4676174; 449529, 4676177; 449689, 4675977; 449532, 4675889; 449117, 
4675963; 449040, 4675946; 449024, 4675903; 448977, 4675892; 448941, 
4675901; 448885, 4675863; 448760, 4675868; 448666, 4675896; 448660, 
4675740; 448683, 4675670; 448686, 4675616; 448981, 4675417; 448959, 
4675299; 448712, 4675277; 448492, 4675271; 448302, 4675185; 448169, 
4675138; 448122, 4675056; 448047, 4675038; 447955, 4675039; 447793, 
4674995; 447385, 4675030; 447297, 4675078; 447332, 4675186; 447413, 
4675274; 447460, 4675349; 447598, 4675567; 447729, 4675595; 447891, 
4675474; 448011, 4675337; 448060, 4675460; 448051, 4675607; 448146, 
4675902; 448276, 4676491.
    (iii) Note: Map of Unit IV3 for Lomatium cookii follows:

[[Page 42536]]

[GRAPHIC] [TIFF OMITTED] TR21JY10.007


[[Page 42537]]


    (13) Unit IV4 for Lomatium cookii: Reeves Creek East, Josephine 
County, Oregon.
    (i) Unit IV4 consists of 83 ha (204 ac) of sloped, partially open, 
mixed-conifer and shrubby 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) Land bounded by the following UTM Zone 10, NAD83 coordinates
    (E,N): 449612, 4674933; 449711, 4674820; 450157, 4674883; 450256, 
4674770; 450285, 4674544; 449952, 4674692; 449433, 4674503; 449839, 
4674347; 449880, 4674218; 449973, 4674142; 449517, 4674284; 449245, 
4674277; 449095, 4674152; 449070, 4674020; 449043, 4673847; 448669, 
4674070; 448655, 4674292; 448663, 4674667; 449056, 4674737; 449325, 
4674713; 449352, 4674792; 449385, 4674933; 449392, 4675032; 449506, 
4675096; 449626, 4675075; 449612, 4674933.
    (iii) Note: Map of Unit IV4 for Lomatium cookii follows:
    [GRAPHIC] [TIFF OMITTED] TR21JY10.008
    

[[Page 42538]]


    (14) Unit IV5 for Lomatium cookii: Reeves Creek South, Josephine 
County, Oregon.
    (i) Unit IV5 consists of 165 ha (407 ac) of sloped, partially open, 
mixed-conifer and understory shrub 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) Land bounded by the following UTM Zone 10, NAD83 coordinates 
(E,N): 447813, 4673676; 448511, 4673617; 448634, 4673624; 448605, 
4672768; 448091, 4672785; 448091, 4672895; 448015, 4672943; 447825, 
4672913; 447706, 4672798; 447736, 4672665; 447769, 4672517; 447680, 
4672274; 447717, 4672211; 447617, 4672018; 447088, 4672018; 446995, 
4672190; 446954, 4672289; 447462, 4672237; 447465, 4672320; 447467, 
4672377; 447295, 4672338; 447098, 4672373; 446891, 4672547; 446936, 
4672673; 446913, 4672828; 446936, 4672982; 447024, 4673030; 447135, 
4673141; 447141, 4673266; 447102, 4673670; 447813, 4673676; and 
excluding land bound by 447470, 4673148; 447474, 4673000; 448289, 
4673443; 448361, 4673480; 448056, 4673583; 447789, 4673459; 447703, 
4673370; 447653, 4673327; 447540, 4673183; 447470, 4673148.
    (iii) Note: Map of Unit IV5 for Lomatium cookii follows:

[[Page 42539]]

[GRAPHIC] [TIFF OMITTED] TR21JY10.009


[[Page 42540]]


    (15) Unit IV6 for Lomatium cookii: Laurel Road, Josephine County, 
Oregon.
    (i) Unit IV6 totals 182 ha (449 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; it follows along Highway 46 for 
1.5 km (0.9 mi). Subunit IV6A is located 1.2 km (0.7 mi) west of Lime 
Rock summit, 1.0 km east of the junction of Laurel Road and Highway 
199; it is also roughly parallel to Highway 199 for 1.3 km (0.8 mi). 
Highway 199 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) Subunit IV6A. Land bounded by the following UTM Zone 10, NAD83 
coordinates (E,N): 447915, 4669143; 447884, 4669102; 447844, 4669113; 
447817, 4669680; 447889, 4669722; 448020, 4669672; 448088, 4669651; 
448148, 4669577; 448043, 4669483; 447961, 4669371; 447915, 4669143.
    (iii) Subunit IV6B. Land bounded by the following UTM Zone 10, 
NAD83 coordinates (E,N): 447995, 4668541; 448124, 4668534; 448243, 
4668595; 448295, 4668599; 448401, 4668490; 448454, 4668424; 448336, 
4668236; 448350, 4668124; 448483, 4668066; 448642, 4668007; 448717, 
4667844; 448664, 4667660; 448577, 4667497; 448475, 4667436; 448477, 
4667288; 448509, 4667198; 448502, 4667095; 448553, 4666970; 448620, 
4666860; 448695, 4666785; 448659, 4666660; 448631, 4666630; 448629, 
4666574; 448668, 4666536; 448732, 4666526; 448785, 4666539; 448837, 
4666577; 448933, 4666638; 449056, 4666710; 449161, 4666695; 449189, 
4666691; 449210, 4666682; 449276, 4666678; 449322, 4666673; 449392, 
4666713; 449531, 4666825; 449600, 4666919; 449693, 4666995; 449785, 
4667095; 449844, 4667213; 449928, 4667313; 449987, 4667456; 450145, 
4667497; 450235, 4667417; 450195, 4667078; 450175, 4666769; 450055, 
4666789; 449816, 4666659; 449487, 4666440; 449238, 4666370; 449098, 
4666310; 448968, 4666320; 448827, 4666306; 448695, 4666262; 448553, 
4666285; 448332, 4666456; 448239, 4666688; 448258, 4666822; 448240, 
4666931; 448183, 4666990; 448123, 4667096; 448085, 4667169; 448033, 
4667174; 448089, 4667314; 448094, 4667421; 448189, 4667676; 448059, 
4667939; 447914, 4667994; 447866, 4668059; 447896, 4668110; 447895, 
4668175; 447813, 4668216; 447791, 4668343; 447953, 4668499; 447903, 
4668531; 447872, 4668639; 447821, 4668667; 447771, 4668817; 447780, 
4668907; 447843, 4668953; 447966, 4668848; 447928, 4668645; 447946, 
4668592; 447995, 4668541.
    (iv) Note: Map of Unit IV6 for Lomatium cookii follows:

[[Page 42541]]

[GRAPHIC] [TIFF OMITTED] TR21JY10.010


[[Page 42542]]


    (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 (1,640 ft) west of the city of Cave 
Junction and 600 m (1,970 ft) southeast of Pomeroy Dam; it is also 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) Land bounded by the following UTM Zone 10, NAD83 coordinates 
(E,N): 445508, 4666492; 445320, 4666474; 445333, 4666529; 445472, 
4666674; 445638, 4666805; 445696, 4666819; 445706, 4666849; 445731, 
4666940; 445743, 4667030; 445726, 4667090; 445715, 4667125; 445689, 
4667176; 445687, 4667211; 445688, 4667332; 445687, 4667475; 445653, 
4667666; 445641, 4667749; 445580, 4667858; 445635, 4667943; 445719, 
4667985; 445774, 4667973; 445790, 4667964; 445876, 4667862; 446014, 
4667763; 446050, 4667715; 446148, 4667618; 446215, 4667513; 446232, 
4667463; 446308, 4667402; 446352, 4667318; 446316, 4667270; 446235, 
4667064; 446058, 4667012; 445907, 4667006; 445792, 4666909; 445701, 
4666625; 445508, 4666492.
    (iii) Note: Map of Unit IV7 for Lomatium cookii follows:

[[Page 42543]]

[GRAPHIC] [TIFF OMITTED] TR21JY10.011


[[Page 42544]]


    (17) Unit IV8 for Lomatium cookii: Woodcock Mountain, Josephine 
County, Oregon.
    (i) Unit IV8 consists of 234 ha (579 ac) of wet meadow and shrubby 
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, and 140 m (ft) west of 
the confluence of Woodcock Creek and the West Fork Illinois River. It 
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) Land bounded by the following UTM Zone 10, NAD83 coordinates 
(E,N): 443846, 4667157; 443898, 4667120; 443924, 4667187; 443973, 
4667221; 443980, 4667180; 444040, 4667176; 444088, 4667165; 444141, 
4667053; 444137, 4666930; 444130, 4666762; 444088, 4666665; 444092, 
4666591; 444036, 4666561; 444006, 4666509; 443939, 4666464; 443939, 
4666400; 443980, 4666270; 443980, 4666244; 443977, 4666054; 443924, 
4665878; 443880, 4665770; 443857, 4665769; 443771, 4664523; 443771, 
4664523; 443771, 4664523; 443770, 4664521; 443769, 4664516; 443770, 
4664521; 443906, 4664511; 444239, 4664616; 444385, 4664613; 444251, 
4664468; 444198, 4664401; 444257, 4664194; 444161, 4664104; 444083, 
4664031; 444015, 4663890; 443841, 4663800; 443585, 4663911; 443585, 
4663913; 443515, 4664031; 443493, 4664113; 443475, 4664263; 443394, 
4664207; 443284, 4664253; 443063, 4664194; 442808, 4664117; 442740, 
4663972; 442808, 4663811; 442952, 4663582; 443181, 4663471; 442872, 
4663436; 442588, 4663587; 442401, 4663342; 442126, 4663405; 442265, 
4663615; 442369, 4663881; 442367, 4664125; 442343, 4664212; 442360, 
4664236; 442829, 4664515; 443311, 4664707; 443674, 4664901; 443667, 
4664967; 443430, 4664902; 443467, 4665175; 443418, 4665182; 443331, 
4665232; 443366, 4665300; 443386, 4665399; 443497, 4665400; 443525, 
4665616; 443604, 4665877; 443586, 4666169; 443514, 4666146; 443480, 
4666191; 443354, 4666208; 443409, 4666348; 443510, 4666494; 443697, 
4666430; 443734, 4666576; 443540, 4666654; 443545, 4666707; 443545, 
4666830; 443587, 4666949; 443626, 4666975; 443596, 4667154; 443643, 
4667252; 443749, 4667333; 443846, 4667157.
    (iii) Note: Map of Unit IV8 for Lomatium cookii follows:

[[Page 42545]]

[GRAPHIC] [TIFF OMITTED] TR21JY10.012


[[Page 42546]]


    (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 and 6.1 km (3.8 mi) north-northeast of O'Brien. It 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) Land bounded by the following UTM Zone 10, NAD83 coordinates 
(E,N): 444883, 4663457; 444724, 4663445; 444595, 4663365; 444497, 
4663369; 444452, 4663397; 444459, 4663432; 444435, 4663525; 444421, 
4663612; 444466, 4663710; 444473, 4663599; 444484, 4663571; 444508, 
4663525; 444542, 4663493; 444575, 4663465; 444670, 4663455; 444715, 
4663474; 444715, 4663547; 444715, 4663648; 444729, 4663713; 444771, 
4663752; 444819, 4663847; 444962, 4663766; 445015, 4663648; 444987, 
4663516; 444883, 4663457.
    (iii) Note: Map of Unit IV9 for Lomatium cookii follows:
    [GRAPHIC] [TIFF OMITTED] TR21JY10.013
    

[[Page 42547]]


    (19) Unit IV10 for Lomatium cookii: French Flat North, Josephine 
County, Oregon.
    (i) Unit IV10 consists of 45 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, and 1.7 km (1.1 mi) southwest of the confluence of 
Althouse Creek and the East Fork Illinois River. It parallels a 300-m 
(980-ft) stretch of Rockydale Road.
    (ii) Land bounded by the following UTM Zone 10, NAD83 coordinates 
(E,N): 447956, 4662384; 447864, 4662351; 447753, 4662432; 447747, 
4662626; 447490, 4662860; 447444, 4663221; 447510, 4663470; 447707, 
4663483; 447812, 4663325; 448085, 4662952; 448070, 4662820; 448048, 
4662620; 448015, 4662488; 447956, 4662384.
    (iii) Note: Map of Unit IV10 for Lomatium cookii follows:
    [GRAPHIC] [TIFF OMITTED] TR21JY10.014
    

[[Page 42548]]


    (20) Unit IV11 for Lomatium cookii: Rough and Ready Creek, 
Josephine County, Oregon.
    (i) Unit IV11 consists of 118 ha (292 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. It 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 122 m (400 ft) east of the confluence with the Illinois 
River and Rough and Ready Creek.
    (ii) Land bounded by the following UTM Zone 10, NAD83 coordinates 
(E,N): 442862, 4661486; 442625, 4661442; 442689, 4661348; 442630, 
4661262; 442562, 4661221; 442512, 4661248; 442512, 4661371; 442436, 
4661297; 442433, 4661288; 442341, 4661017; 442458, 4660908; 442511, 
4660943; 442971, 4661379; 443227, 4661360; 443325, 4661183; 443256, 
4660632; 443089, 4660583; 442548, 4660357; 442155, 4660436; 442145, 
4660646; 441956, 4660645; 441789, 4660666; 441658, 4660784; 441668, 
4660973; 441996, 4661062; 442086, 4661071; 442133, 4661127; 442182, 
4661207; 442263, 4661293; 442503, 4661493; 442493, 4661461; 442794, 
4661712; 442973, 4662010; 443075, 4662031; 443124, 4662015; 443065, 
4661934; 443031, 4661819; 442897, 4661772; 442897, 4661615; 442862, 
4661486.
    (iii) Note: Map of Unit IV11 for Lomatium cookii follows:

[[Page 42549]]

[GRAPHIC] [TIFF OMITTED] TR21JY10.015


[[Page 42550]]


    (21) Unit IV12 for Lomatium cookii: French Flat Middle, Josephine 
County, Oregon.
    (i) Unit IV12 consists of 492 ha (1,216 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 and 560 m (1,830 
ft) west of Esterly Lakes, 1.4 km (0.9 mi) northeast of Indian Hill, 
and 300 m (960 ft) east of the confluence of Rough and Ready Creek and 
the West Fork Illinois River. It also follows along a 1.6-km (1.0-mi) 
stretch of Rockydale Road until the junction with Waldo Road.
    (ii) Land bounded by the following UTM Zone 10, NAD83 coordinates 
(E,N): 446860, 4662173; 447187, 4661885; 447051, 4661211; 447318, 
4661198; 447598, 4661287; 447854, 4661630; 447956, 4661565; 448150, 
4661463; 448171, 4661156; 448171, 4660872; 448158, 4660646; 447992, 
4660335; 447933, 4660103; 447996, 4659837; 448078, 4659190; 448032, 
4658899; 448111, 4658574; 448105, 4658100; 447946, 4657750; 447889, 
4657708; 447783, 4657691; 447694, 4657657; 447599, 4657617; 447606, 
4657696; 447530, 4657694; 447460, 4657675; 447331, 4657771; 447192, 
4657971; 447148, 4657913; 447153, 4657860; 447108, 4657850; 447002, 
4657429; 446901, 4657426; 446891, 4657015; 446491, 4657016; 446486, 
4656704; 446483, 4656571; 446158, 4656530; 446086, 4656613; 446096, 
4656823; 446093, 4656927; 446184, 4657078; 446369, 4657289; 446437, 
4657345; 446442, 4657429; 446371, 4657514; 446388, 4657680; 446620, 
4657952; 446539, 4658228; 446523, 4658301; 446450, 4658228; 446368, 
4658309; 446571, 4658480; 446653, 4658714; 446987, 4659084; 446986, 
4659084; 447091, 4659468; 447051, 4660049; 446986, 4660333; 446978, 
4660650; 446934, 4660899; 446892, 4661165; 446971, 4661345; 447019, 
4661742; 446833, 4661998; 446612, 4661880; 446518, 4661854; 446373, 
4661691; 446172, 4661506; 446185, 4661367; 446068, 4661157; 445999, 
4660871; 445820, 4660681; 445645, 4660416; 445588, 4659882; 445649, 
4659438; 445473, 4659358; 445241, 4659711; 445523, 4660294; 445473, 
4660538; 445584, 4660791; 445767, 4660848; 445749, 4661392; 446200, 
4661854; 446534, 4662135; 446860, 4662173; and excluding land bound by 
447273, 4659208; 447203, 4659076; 446889, 4658443; 446818, 4658110; 
446840, 4658012; 446808, 4657965; 446838, 4657883; 446882, 4657863; 
447019, 4657935; 447073, 4658033; 447029, 4658069; 446977, 4658167; 
447192, 4658493; 447212, 4658784; 447290, 4658824; 447455, 4658678; 
447581, 4658749; 447723, 4658749; 447975, 4658749; 447971, 4658840; 
447876, 4659346; 447403, 4659604; 447407, 4659962; 447305, 4660216; 
447329, 4660591; 447452, 4660569; 447689, 4660530; 447706, 4660555; 
447643, 4660838; 447497, 4660883; 447296, 4660866; 447186, 4660643; 
447167, 4660448; 447273, 4659208.
    (iii) Note: Map of Unit IV12 for Lomatium cookii follows:

[[Page 42551]]

[GRAPHIC] [TIFF OMITTED] TR21JY10.016


[[Page 42552]]


    (22) Unit IV13 for Lomatium cookii: Indian Hill, Josephine County, 
Oregon.
    (i) Unit IV13 consists of 22 ha (54 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. It is 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 350 m (1,150 ft) northwest of Indian Hill.
    (ii) Land bounded by the following UTM Zone 10, NAD83 coordinates 
(E,N): 443565, 4658691; 443534, 4658677; 443500, 4658696; 443621, 
4658819; 443630, 4658917; 443620, 4659030; 443690, 4659187; 443771, 
4659300; 443840, 4659363; 443908, 4659385; 444024, 4659638; 444098, 
4659659; 444117, 4659555; 444078, 4659294; 444078, 4659182; 444062, 
4659116; 444017, 4659076; 443966, 4659029; 443874, 4658947; 443829, 
4658895; 443726, 4658830; 443642, 4658741; 443565, 4658691.
    (iii) Note: Map of Unit IV13 for Lomatium cookii follows:
    [GRAPHIC] [TIFF OMITTED] TR21JY10.017
    

[[Page 42553]]


* * * * *

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

    (1) Critical habitat units for Jackson County, Oregon, are depicted 
on the maps below.
    (2) The primary constituent elements of critical habitat for 
Limnanthes floccosa ssp. grandiflora are the following habitat 
components:
    (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 Rogue River Valley 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, but not limited 
to: Alopecurus saccatus, Deschampsia danthonioides, Eryngium 
petiolatum, Lasthenia californica, Myosurus minimus, Navarretia 
leucocephala ssp. leucocephala, Phlox gracilis, Plagiobothrys 
bracteatus, Trifolium depauperatum, and Triteleia hyacinthina.
    (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, 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).
    (iii) Silt, loam, and clay soils that are of alluvial origin, with 
a 0 to 3 percent slope, primarily classified as Agate-Winlo complex 
soils, but also including Coker clay, Carney clay, Provig-Agate complex 
soils, and Winlo very gravelly loam soils.
    (iv) No or negligible presence of competitive, nonnative, invasive 
plant species. Negligible is defined for the purpose of this rule as a 
minimal level of nonnative plant species that will still allow 
Limnanthes floccosa ssp. grandiflora to continue to survive and 
recover.
    (3) Critical habitat does not include manmade structures 
(including, but not limited to, buildings, aqueducts, runways, roads, 
and other paved areas) and the land on which they are located existing 
within the legal boundaries on the effective date of this rule and not 
containing one or more of the primary constituent elements.
    (4) Critical habitat unit maps. These critical habitat units were 
mapped using Universal Transverse Mercator, Zone 10, North American 
Datum 1983 (UTM NAD 83) coordinates. These coordinates establish the 
vertices and endpoints of the boundaries of the units.
    (5) Note: Index map for critical habitat for Limnanthes floccosa 
ssp. grandiflora in Jackson County, Oregon, follows:

[[Page 42554]]

[GRAPHIC] [TIFF OMITTED] TR21JY10.018


[[Page 42555]]


    (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 (1,411-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 122 m (400 ft) east of the Rogue 
River.
    (ii) Land bounded by the following UTM Zone 10, NAD83 coordinates 
(E,N): 514512, 4714448; 514563, 4714380; 514580, 4714338; 514442, 
4714339; 514429, 4714389; 514204, 4714397; 514161, 4714376; 514207, 
4714456; 514224, 4714494; 514242, 4714529; 514246, 4714597; 514242, 
4714640; 514220, 4714682; 514217, 4714728; 514247, 4714766; 514288, 
4714774; 514335, 4714771; 514354, 4714747; 514360, 4714707; 514363, 
4714651; 514414, 4714543; 514450, 4714495; 514512, 4714448.
    (iii) Note: Map of Unit RV1 for Limnanthes floccosa ssp. 
grandiflora follows:
[GRAPHIC] [TIFF OMITTED] TR21JY10.019


[[Page 42556]]


    (7) Unit RV2 for Limnanthes floccosa ssp. grandiflora: Hammel Road, 
Jackson County, Oregon.
    (i) Unit RV2 is composed of four subunits and comprises 
approximately 69 ha (169 ac) of vernal pool-mounded prairie. The unit 
is 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) Subunit RV2A. Land bounded by the following UTM Zone 10, NAD83 
coordinates (E,N): 514233, 4711302; 514239, 4711159; 514167, 4711162; 
514141, 4711197; 514084, 4711197; 514078, 4711162; 513945, 4711163; 
513895, 4711138; 513860, 4711142; 513879, 4711174; 513909, 4711271; 
514034, 4711267; 514077, 4711239; 514191, 4711309; 514233, 4711302.
    (iii) Subunit RV2B. Land bounded by the following UTM Zone 10, 
NAD83 coordinates (E,N): 514249, 4710764; 514248, 4710878; 514316, 
4710877; 514319, 4710955; 514507, 4710953; 514510, 4710771; 514456, 
4710770; 514416, 4710835; 514305, 4710813; 514305, 4710764; 514249, 
4710764.
    (iv) Subunit RV2C. Land bounded by the following UTM Zone 10, NAD83 
coordinates (E,N): 514237, 4710760; 514236, 4710354; 514223, 4710354; 
514223, 4709956; 513823, 4709956; 513823, 4709747; 513937, 4709737; 
513937, 4709590; 513827, 4709557; 513824, 4709706; 513736, 4709706; 
513609, 4709851; 513609, 4709950; 513679, 4709953; 513678, 4710224; 
513731, 4710264; 513657, 4710353; 513586, 4710356; 513522, 4710388; 
513522, 4710412; 513563, 4710412; 513563, 4710431; 513522, 4710431; 
513522, 4710460; 513455, 4710460; 513455, 4710606; 513620, 4710606; 
513620, 4710760; 514237, 4710760.
    (v) Subunit RV2D. Land bounded by the following UTM Zone 10, NAD83 
coordinates (E,N): 514240, 4709947; 514364, 4709947; 514432, 4709857; 
514432, 4709737; 514404, 4709703; 514343, 4709635; 514240, 4709635; 
514240, 4709947.
    (vi) Note: Map of Unit RV2 for Limnanthes floccosa ssp. grandiflora 
follows:

[[Page 42557]]

[GRAPHIC] [TIFF OMITTED] TR21JY10.020

BILLING CODE 4310-55-C

[[Page 42558]]

    (8) Unit RV3 for Limnanthes floccosa ssp. grandiflora: North Eagle 
Point, Jackson County, Oregon.
    (i) Unit RV3 is composed of four subunits and totals 490 ha (1,210 
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) Subunit RV3A. Land bounded by the following UTM Zone 10, NAD83 
coordinates (E,N): 513900, 4707000; 513600, 4707000; 513600, 4707300; 
513700, 4707300; 513700, 4707400; 513619, 4707507; 513615, 4707926; 
514239, 4707958; 514239, 4708060; 514295, 4708341; 514698, 4708343; 
514700, 4707700; 514600, 4707700; 514600, 4707600; 514200, 4707600; 
514200, 4707500; 514100, 4707500; 514100, 4707300; 514000, 4707300; 
514000, 4707200; 513900, 4707200; 513900, 4707000.
    (iii) Subunit RV3B. Land bounded by the following UTM Zone 10, 
NAD83 coordinates (E,N): 515000, 4707300; 515000, 4707200; 515100, 
4707200; 515100, 4707100; 515200, 4707100; 515200, 4707000; 515300, 
4707000; 515300, 4706800; 515297, 4706736; 515314, 4706735; 515392, 
4706602; 515100, 4706500; 515100, 4706700; 515000, 4706700; 515000, 
4706900; 514700, 4706900; 514700, 4707000; 514632, 4707121; 514700, 
4707200; 514739, 4707278; 514751, 4707302; 515000, 4707300.
    (iv) Subunit RV3C. Land bounded by the following UTM Zone 10, NAD83 
coordinates (E,N): 517028, 4706768; 517092, 4706752; 517204, 4706908; 
517373, 4707044; 517420, 4706930; 517422, 4706783; 517371, 4706703; 
517352, 4706678; 517300, 4706500; 517200, 4706400; 517100, 4706400; 
517100, 4706300; 516700, 4706300; 516700, 4705600; 516404, 4705740; 
516500, 4705500; 516600, 4705400; 516656, 4705359; 516657, 4704920; 
516544, 4704721; 516561, 4704303; 515800, 4704300; 515752, 4704604; 
515743, 4704710; 515478, 4704720; 515478, 4705092; 515700, 4705200; 
515857, 4705347; 515868, 4705565; 515834, 4705663; 515879, 4705750; 
515870, 4705898; 515800, 4705900; 515773, 4706047; 515695, 4706196; 
515612, 4706318; 515751, 4706317; 515754, 4706429; 515570, 4706438; 
515604, 4706639; 515689, 4706642; 515703, 4706714; 515839, 4706711; 
515987, 4706499; 516030, 4706396; 516076, 4706391; 516054, 4706503; 
516000, 4706600; 516000, 4706700; 516272, 4706702; 516331, 4706528; 
516426, 4706534; 516438, 4706595; 516511, 4706803; 516519, 4706917; 
516903, 4706921; 516900, 4707000; 517000, 4707000; 517005, 4707167; 
517099, 4707277; 517182, 4707293; 517091, 4706902; 517028, 4706768.
    (v) Subunit RV3D. Land bounded by the following UTM Zone 10, NAD83 
coordinates (E,N): 517605, 4704981; 517900, 4704800; 518077, 4704715; 
518195, 4704709; 518298, 4704783; 518897, 4704882; 519012, 4704866; 
519136, 4704706; 519215, 4704637; 519300, 4704600; 519432, 4704433; 
519400, 4704300; 519100, 4704300; 518877, 4704218; 518630, 4704167; 
518425, 4704138; 517884, 4704099; 517881, 4703997; 517506, 4703997; 
517487, 4704093; 517111, 4704096; 517100, 4704300; 517000, 4704300; 
517000, 4704700; 516900, 4704700; 516900, 4704900; 517000, 4704900; 
517108, 4705041; 517204, 4705042; 517240, 4704956; 517329, 4704940; 
517349, 4705090; 517605, 4704981.
    (vi) Note: Map of Unit RV3 for Limnanthes floccosa ssp. grandiflora 
follows:
BILLING CODE 4310-55-S

[[Page 42559]]

[GRAPHIC] [TIFF OMITTED] TR21JY10.021


[[Page 42560]]


    (9) Unit RV4 for Limnanthes floccosa ssp. grandiflora: Rogue 
Plains, Jackson County, Oregon.
    (i) Unit RV4 consists of 243 ha (600 ac) of partially 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 is 1.0 km (0.6 mi) 
northwest of Rattlesnake Rapids on the Rogue River.
    (ii) Land bounded by the following UTM Zone 10, NAD83 coordinates 
(E,N): 511521, 4707772; 511579, 4707753; 511731, 4707754; 511792, 
4707458; 511650, 4707350; 511646, 4707314; 511732, 4707264; 511817, 
4707263; 511841, 4707191; 511873, 4706982; 511834, 4706950; 511815, 
4706886; 511842, 4706827; 511850, 4706749; 511906, 4706699; 511933, 
4706612; 511935, 4706500; 511992, 4705935; 511810, 4705936; 511752, 
4706068; 511690, 4706074; 511653, 4706048; 511532, 4705917; 511393, 
4705886; 511372, 4705842; 511393, 4705672; 511381, 4705514; 511152, 
4705526; 510995, 4705500; 510900, 4705309; 510854, 4705468; 510780, 
4705556; 510734, 4705958; 510730, 4706314; 510307, 4706304; 510100, 
4706299; 510099, 4706515; 510007, 4706519; 510007, 4706880; 510158, 
4706889; 510321, 4706900; 510437, 4706901; 510439, 4706995; 510600, 
4707032; 510600, 4706929; 510797, 4706927; 510917, 4706930; 510930, 
4707070; 510957, 4707142; 511015, 4707202; 511221, 4707543; 511245, 
4707601; 511281, 4707732; 511366, 4707759; 511465, 4707774; 511521, 
4707772.
    (iii) Note: Map of Unit RV4 for Limnanthes floccosa ssp. 
grandiflora follows:

[[Page 42561]]

[GRAPHIC] [TIFF OMITTED] TR21JY10.022

BILLING CODE 4310-55-C

[[Page 42562]]

    (10) Unit RV5 for Limnanthes floccosa ssp. grandiflora: Table Rock 
Terrace, Jackson County, Oregon.
    (i) Unit RV5 includes 49 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 is 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 along a 700-m (2,300-ft) stretch 
of Antioc Road to the west of the unit.
    (ii) Land bounded by the following UTM Zone 10, NAD83 coordinates 
(E,N): 510498, 4703327; 510408, 4703091; 510198, 4703087; 510196, 
4702941; 510195, 4702798; 510142, 4702687; 510225, 4702685; 510122, 
4702583; 509704, 4702586; 509705, 4702789; 509509, 4702788; 509419, 
4702971; 509368, 4703012; 509265, 4703108; 509318, 4703176; 509475, 
4703231; 509515, 4703210; 509654, 4702930; 509719, 4702939; 509642, 
4703337; 509897, 4703342; 509895, 4703244; 510190, 4703238; 510196, 
4703181; 510232, 4703182; 510418, 4703353; 510498, 4703327.
    (iii) Note: Map of Unit RV5 for Limnanthes floccosa ssp. 
grandiflora follows:

[[Page 42563]]

[GRAPHIC] [TIFF OMITTED] TR21JY10.023

BILLING CODE 4310-55-C

[[Page 42564]]

    (11) Unit RV6 for Limnanthes floccosa ssp. grandiflora: White City, 
Jackson County, Oregon.
    (i) Unit RV6 for Limnanthes floccosa ssp. grandiflora consists of 
eight subunits totaling 740 ha (1,829 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 (2,790 ft) east of subunit RV6A.
    (ii) Subunit RV6A. Land bounded by the following UTM Zone 10, NAD83 
coordinates (E,N): 509590, 4698553; 509628, 4698521; 509577, 4698528; 
509573, 4698455; 509577, 4698351; 509566, 4698006; 509442, 4698029; 
509398, 4698000; 509198, 4698000; 509198, 4697800; 509298, 4697800; 
509298, 4697600; 509398, 4697600; 509398, 4697200; 509498, 4697200; 
509498, 4697000; 510108, 4697038; 511737, 4697038; 511691, 4696744; 
511407, 4696721; 511411, 4696840; 511292, 4696822; 511237, 4696703; 
511278, 4696561; 511485, 4696363; 511242, 4696382; 510805, 4696377; 
510535, 4696386; 510364, 4696502; 510322, 4696531; 510245, 4696538; 
510056, 4696496; 509872, 4696506; 509811, 4696502; 509769, 4696521; 
509695, 4696566; 509598, 4696583; 509527, 4696581; 509379, 4696562; 
509128, 4696551; 508982, 4696571; 508669, 4696639; 508571, 4696681; 
508453, 4696742; 508398, 4696800; 508318, 4696826; 508206, 4696995; 
508126, 4697151; 508031, 4697328; 508098, 4697600; 508398, 4697600; 
508398, 4697700; 508591, 4697655; 508692, 4697705; 508610, 4697875; 
508522, 4698014; 508478, 4698093; 508478, 4698282; 508523, 4698383; 
508785, 4698470; 508805, 4698389; 508850, 4698248; 509054, 4698315; 
509009, 4698451; 509105, 4698414; 509319, 4698187; 509491, 4698100; 
509542, 4698118; 509542, 4698162; 509392, 4698318; 509227, 4698493; 
509198, 4698600; 509241, 4698655; 509409, 4698681; 509590, 4698553; 
excluding land bound by 508798, 4697800; 508798, 4697700; 509098, 
4697700; 509098, 4697800; 508798, 4697800; and excluding land bound by 
508498, 4697300; 508498, 4697100; 508598, 4697100; 508598, 4697300; 
508498, 4697300.
    (iii) Subunit RV6B. Land bounded by the following UTM Zone 10, 
NAD83 coordinates (E,N): 511598, 4698900; 511598, 4698600; 511397, 
4698599; 511400, 4698706; 511342, 4698706; 511317, 4698897; 511598, 
4698900. Land bounded by the following UTM Zone 10, NAD83 coordinates 
(E,N): 510939, 4698995; 511085, 4698924; 511147, 4698879; 511265, 
4698671; 511192, 4698665; 510996, 4698638; 510998, 4698600; 510998, 
4698500; 510698, 4698500; 510333, 4698509; 510331, 4698311; 509878, 
4698348; 509875, 4698535; 509761, 4698539; 509680, 4698627; 509690, 
4698655; 509837, 4698676; 510131, 4698713; 510528, 4698586; 510558, 
4698649; 510302, 4698763; 510057, 4698814; 509882, 4698788; 509692, 
4698753; 509664, 4698788; 509601, 4698784; 509526, 4698802; 509528, 
4698848; 509570, 4698886; 509725, 4698869; 509785, 4698879; 510041, 
4698975; 510129, 4698970; 510185, 4699005; 510230, 4699065; 510296, 
4699104; 510491, 4699069; 510716, 4699049; 510939, 4698995.
    (iv) Subunit RV6C. Land bounded by the following UTM Zone 10, NAD83 
coordinates (E,N): 511820, 4699600; 511823, 4698894; 511714, 4698973; 
511610, 4699028; 511474, 4699074; 511344, 4699123; 511180, 4699162; 
511099, 4699200; 510982, 4699239; 510823, 4699334; 510663, 4699389; 
510696, 4699456; 510899, 4699500; 510991, 4699540; 511066, 4699536; 
511142, 4699487; 511189, 4699408; 511280, 4699298; 511502, 4699161; 
511726, 4699150; 511757, 4699203; 511616, 4699285; 511445, 4699428; 
511448, 4699581; 511585, 4699579; 511664, 4699701; 511671, 4699749; 
511736, 4699785; 511820, 4699786; 511820, 4699600.
    (v) Subunit RV6D. Land bounded by the following UTM Zone 10, NAD83 
coordinates (E,N): 512404, 4699868; 512401, 4699742; 512583, 4699754; 
512583, 4699708; 512636, 4699704; 512779, 4699700; 512766, 4699621; 
512788, 4699505; 512821, 4699514; 512861, 4699694; 512928, 4699706; 
513046, 4699707; 513295, 4699707; 513301, 4699470; 513131, 4699451; 
513141, 4699288; 513037, 4699198; 512998, 4699209; 512681, 4699291; 
512540, 4699322; 512382, 4699389; 512238, 4699551; 512237, 4699788; 
512161, 4699788; 512161, 4699860; 512234, 4699860; 512241, 4699959; 
512321, 4699936; 512328, 4699871; 512404, 4699868.
    (vi) Subunit RV6E. Land bounded by the following UTM Zone 10, NAD83 
coordinates (E,N): 515171, 4698870; 515331, 4698870; 515330, 4698766; 
515568, 4698765; 515568, 4698791; 515687, 4698792; 515687, 4698766; 
515758, 4698686; 515759, 4698632; 515856, 4698631; 515856, 4698563; 
515472, 4698568; 515472, 4698496; 515356, 4698495; 515356, 4698608; 
515304, 4698606; 515304, 4698763; 515236, 4698763; 515236, 4698689; 
515188, 4698689; 515188, 4698608; 515076, 4698605; 515071, 4698752; 
515173, 4698751; 515171, 4698870. Land bounded by the following UTM 
Zone 10, NAD83 coordinates (E,N): 514894, 4698763; 514895, 4698584; 
514804, 4698584; 514804, 4698545; 514627, 4698545; 514627, 4698576; 
514464, 4698576; 514465, 4698761; 514445, 4698761; 514445, 4698915; 
514529, 4698915; 514529, 4698767; 514624, 4698767; 514624, 4698940; 
514678, 4698942; 514675, 4698858; 514893, 4698858; 514894, 4698874; 
514984, 4698809; 514984, 4698763; 514894, 4698763. Land bounded by the 
following UTM Zone 10, NAD83 coordinates (E,N): 514171, 4699050; 
514171, 4698837; 514181, 4698837; 514181, 4698763; 514248, 4698762; 
514249, 4698496; 513488, 4698496; 513456, 4698594; 513510, 4698652; 
513695, 4698649; 513695, 4698767; 513773, 4698843; 513881, 4698843; 
513880, 4698920; 513928, 4698967; 514019, 4698968; 514021, 4699022; 
513877, 4699022; 514021, 4699174; 514171, 4699050.
    (vii) Subunit RV6F. Land bounded by the following UTM Zone 10, 
NAD83 coordinates (E,N): 516157, 4697446; 516113, 4697319; 515222, 
4697324; 515202, 4697271; 515033, 4697285; 515035, 4697791; 516149, 
4697751; 516157, 4697446. Land bounded by the following UTM Zone 10, 
NAD83 coordinates (E,N): 516162, 4698466; 516140, 4698214; 516149, 
4697960; 516028, 4697955; 515942, 4697933; 515819, 4697947; 515752, 
4697925; 515666, 4697936; 515540, 4697896; 515376, 4697904; 515041, 
4697952; 515055, 4698348; 515122, 4698420; 515165, 4698417; 515315, 
4698305; 515395, 4698283; 515403, 4698340; 515478, 4698342; 515481, 
4698391; 515548, 4698393; 515559, 4698222; 515620, 4698219; 515631, 
4698409; 515864, 4698377; 515854, 4698240; 515996, 4698278; 516023, 
4698463; 516162, 4698466.
    (viii) Subunit RV6G. Land bounded by the following UTM Zone 10, 
NAD83 coordinates (E,N): 517376, 4696746; 517526, 4696572; 517491, 
4696542;

[[Page 42565]]

517351, 4696625; 517287, 4696695; 517217, 4696740; 517193, 4696711; 
516712, 4696690; 516601, 4696630; 516302, 4696629; 516198, 4696495; 
516181, 4696347; 516117, 4696263; 516030, 4696218; 515906, 4696192; 
515899, 4696751; 516095, 4696752; 516098, 4696895; 516245, 4696937; 
516405, 4696975; 516400, 4697547; 516449, 4697593; 516578, 4697590; 
516640, 4697528; 516664, 4697441; 516684, 4697224; 516998, 4697195; 
517053, 4697116; 517199, 4697019; 517376, 4696746.
    (ix) Subunit RV6H. Land bounded by the following UTM Zone 10, NAD83 
coordinates (E,N): 514058, 4696358; 514010, 4696329; 513917, 4696330; 
513916, 4696504; 514058, 4696505; 514058, 4696358. Land bounded by the 
following UTM Zone 10, NAD83 coordinates (E,N): 515597, 4696769; 
515483, 4696601; 515485, 4696329; 515384, 4696329; 515380, 4696456; 
515110, 4696452; 515111, 4696236; 515252, 4696236; 515301, 4696272; 
515387, 4696272; 515386, 4696252; 515671, 4696257; 515512, 4695943; 
515429, 4695944; 515427, 4695837; 515094, 4695837; 515090, 4696228; 
514931, 4696225; 514931, 4695895; 514706, 4695899; 514713, 4695991; 
514298, 4695895; 514273, 4695897; 514269, 4696102; 514075, 4696098; 
514071, 4695895; 513880, 4695899; 513880, 4696227; 514731, 4696231; 
514731, 4696288; 514947, 4696291; 514948, 4696321; 514783, 4696332; 
514786, 4696393; 514756, 4696396; 514760, 4696508; 514564, 4696535; 
514469, 4696735; 513882, 4696737; 513857, 4696770; 513518, 4696773; 
512577, 4696788; 512576, 4696912; 513519, 4696896; 514245, 4696895; 
514245, 4696811; 514556, 4696812; 514684, 4696816; 514681, 4696895; 
514858, 4696895; 514856, 4696758; 515029, 4696760; 515027, 4696933; 
515600, 4696932; 515600, 4696888; 515600, 4696769; 515597, 4696769.
    (x) Note: Map of Unit RV6 for Limnanthes floccosa ssp. grandiflora 
follows:
BILLING CODE 4310-55-S

[[Page 42566]]

[GRAPHIC] [TIFF OMITTED] TR21JY10.024


[[Page 42567]]


    (12) Unit RV7 for Limnanthes floccosa spp. grandiflora: Agate Lake, 
Jackson County, Oregon.
    (i) Unit RV7 consists of 421 ha (1,039 ac) of intact vernal pool-
mounded prairie and swale habitat. The unit is located 500 m (1,640 ft) 
east of the Agate Reservoir, lies 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) Land bounded by the following UTM Zone 10, NAD83 coordinates 
(E,N): 517808, 4697980; 517808, 4697801; 518395, 4697802; 518543, 
4697468; 518739, 4697149; 518832, 4696888; 518873, 4696839; 518911, 
4696901; 518897, 4697166; 518801, 4697530; 518768, 4697585; 518909, 
4697626; 519009, 4697554; 519143, 4697496; 519287, 4697482; 519338, 
4697455; 519469, 4697266; 519593, 4697211; 519772, 4697176; 519935, 
4697144; 519939, 4696803; 519935, 4696659; 520376, 4696668; 520486, 
4696341; 520412, 4696340; 520344, 4696340; 520317, 4696245; 520373, 
4696149; 520401, 4696088; 520507, 4696070; 520542, 4696146; 520655, 
4695903; 520597, 4695903; 520597, 4695847; 520446, 4695850; 520444, 
4695454; 520682, 4695457; 520736, 4694656; 520651, 4694661; 520642, 
4694693; 520604, 4694699; 520604, 4694664; 520548, 4694650; 520644, 
4694497; 520606, 4694381; 520568, 4694352; 520522, 4694510; 520459, 
4694646; 520405, 4694748; 520416, 4694768; 520360, 4694804; 520349, 
4694793; 520249, 4694857; 520140, 4694864; 520144, 4694753; 520051, 
4694751; 520049, 4694804; 519944, 4694807; 519939, 4694941; 519916, 
4694941; 519862, 4694917; 519715, 4694934; 519528, 4694934; 519504, 
4695191; 519366, 4695135; 519329, 4695463; 519426, 4695452; 519416, 
4695520; 519222, 4695672; 519272, 4695886; 519149, 4695959; 519019, 
4696019; 518976, 4696068; 518990, 4696208; 519390, 4696026; 519395, 
4696649; 518704, 4696657; 518564, 4696765; 518497, 4696803; 518453, 
4696888; 518297, 4697003; 518197, 4697103; 518075, 4697204; 517697, 
4697272; 517636, 4697317; 517405, 4697441; 517371, 4697462; 517250, 
4697496; 517144, 4697558; 517137, 4697733; 517129, 4697774; 517061, 
4697853; 516893, 4698029; 516884, 4698305; 517085, 4698310; 517297, 
4698303; 517379, 4698251; 517487, 4698181; 517538, 4698118; 517658, 
4697982; 517808, 4697980.
    (iii) Note: Map of Unit RV7 for Limnanthes floccosa ssp. 
grandiflora follows:

[[Page 42568]]

[GRAPHIC] [TIFF OMITTED] TR21JY10.025


[[Page 42569]]


    (13) Unit RV8 for Limnanthes floccosa ssp. grandiflora: Whetstone 
Creek, Jackson County, Oregon.
    (i) Unit RV8 consists of 344 ha (850 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) Land bounded by the following UTM Zone 10, NAD83 coordinates 
(E,N): 507195, 4697380; 507335, 4697312; 507411, 4697148; 507489, 
4696991; 507579, 4696913; 507601, 4696830; 507604, 4696619; 507803, 
4696617; 507946, 4696761; 508050, 4696760; 508086, 4696744; 508102, 
4696700; 508115, 4696614; 508125, 4696557; 508199, 4696494; 508191, 
4696311; 507797, 4696307; 507804, 4695886; 508202, 4695883; 508202, 
4695051; 507814, 4695057; 507820, 4695259; 507012, 4695259; 507015, 
4695418; 506686, 4695430; 506686, 4695706; 506801, 4695704; 506794, 
4695971; 506392, 4695967; 506389, 4695791; 505589, 4695791; 505589, 
4695991; 505789, 4695991; 505792, 4696631; 506152, 4696631; 506152, 
4697078; 506378, 4696820; 506531, 4696643; 506981, 4696645; 506986, 
4696916; 506820, 4696916; 506824, 4697131; 506986, 4697131; 506988, 
4697318; 506789, 4697291; 506787, 4697223; 506578, 4697214; 506578, 
4696879; 506509, 4696842; 506262, 4697197; 505415, 4697033; 505412, 
4697323; 505491, 4697339; 505512, 4697123; 506022, 4697198; 506011, 
4697265; 505876, 4697283; 505669, 4697233; 505601, 4697265; 505627, 
4697366; 506667, 4697565; 506868, 4697490; 507015, 4697441; 507195, 
4697380.
    (iii) Note: Map of Unit RV8 for Limnanthes floccosa ssp. 
grandiflora follows:

[[Page 42570]]

[GRAPHIC] [TIFF OMITTED] TR21JY10.026

* * * * *

    Dated: July 2, 2010
Eileen Sobeck,
Acting Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2010-17324 Filed 7-20-10; 8:45 am]
BILLING CODE 4310-55-C