Endangered and Threatened Wildlife and Plants; Determination of Endangered Status for Lomatium cookii (Cook's Lomatium) and Limnanthes floccosa ssp. grandiflora (Large-Flowered Woolly Meadowfoam) From Southern Oregon
[Federal Register: November 7, 2002 (Volume 67, Number 216)]
[Rules and Regulations]
[Page 68003-68015]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07no02-13]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
RIN 1018-AF84
Endangered and Threatened Wildlife and Plants; Determination of
Endangered Status for Lomatium cookii (Cook's Lomatium) and Limnanthes
floccosa ssp. grandiflora (Large-Flowered Woolly Meadowfoam) From
Southern Oregon
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Final rule.
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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), determine
endangered status for two plants, Lomatium cookii (Cook's lomatium) and
Limnanthes floccosa ssp. grandiflora (large-flowered woolly
meadowfoam), pursuant to the Endangered Species Act of 1973, as amended
(Act). Both of these plants inhabit seasonally wet habitats known as
vernal pools in the Agate Desert, an area north of the city of Medford
(Jackson County), Oregon. Lomatium cookii and Limnanthes floccosa ssp.
grandiflora are known to occur at about 15 sites each, in the Agate
Desert. This is based on the last observation of those sites, which
vary year to year, depending on location and survey effort. Lomatium
cookii is also known to occur on seasonally wet soils at about 21 sites
in Josephine County, Oregon (referred to as the French Flat/Illinois
Valley sites) which are immediately west of Jackson County. The
continued existence of Lomatium cookii and Limnanthes floccosa ssp.
grandiflora is threatened primarily by destruction of their specialized
habitat by industrial and residential development, including road and
powerline construction and maintenance. Agricultural conversion,
certain grazing practices, off-road vehicle use, and competition with
non-native plants also contribute to population declines and local
extirpations. Lomatium cookii sites in Josephine County are
additionally threatened by habitat alteration associated with gold
mining and woody species encroachment resulting from fire suppression.
This rule implements Federal protection and recovery provisions of the
Act to Lomatium cookii and Limnanthes floccosa ssp. grandiflora.
DATES: This rule is effective December 9, 2002.
ADDRESSES: The complete file for this rule is available for inspection,
by appointment, during normal business hours at U.S. Fish and Wildlife
Service, Oregon Fish and Wildlife Office, 2600 SE. 98th, Suite 100,
Portland, OR 97266.
FOR FURTHER INFORMATION CONTACT: Kemper McMaster, Oregon Fish and
Wildlife Office (see ADDRESSES section) (telephone 503/231-6179;
facsimile 503/231-6195). Information regarding this designation is
available in alternate formats upon request.
SUPPLEMENTARY INFORMATION:
Background
Vernal pools are seasonal wetlands that form only in regions where
specialized soil and climatic conditions exist. During fall and winter
rains, water collects in shallow depressions in areas where downward
percolation of water is prevented by the presence of an impervious hard
pan or clay pan layer below the soil surface (Keeley and Zedler 1998).
Later in the spring when rains decrease and the weather warms, the
water evaporates, and the pools generally disappear by May. These
shallow depressions then remain relatively dry until late fall and
early winter with the advent of greater precipitation and cooler
temperatures. Vernal pools thus provide unusual ``flood and drought''
habitat conditions to which certain plants and animals have
specifically adapted. Lomatium cookii (Cook's lomatium) and Limnanthes
floccosa ssp. grandiflora (large-flowered woolly meadowfoam) are two
such plant taxa which occur in vernal pool habitats in a small area of
Jackson County, southwestern Oregon. Lomatium cookii also occurs in
seasonally wet habitats at a few sites in Josephine County, the
adjacent county to the west. The Limnanthes floccosa ssp. grandiflora
is believed to be extant in only about 15 sites in Jackson County,
while Lomatium cookii is known to occur at about 15 sites in Jackson
and 21 sites in Josephine County (Oregon Natural Heritage Information
Center (ONHIF) Database 2002; Mabel Jones, Bureau of Land Management,
pers. comm., 2002).
Lomatium cookii
A perennial forb in the carrot family (Apiaceae), Lomatium cookii
grows 1.5 to 5 decimeters (dm) (6 to 20 inches (in)) tall, from a
slender, twisted taproot. Leaves are smooth, finely dissected, and
strictly basal (growing directly above the taproot on the ground, not
along the stems). One to four groups of clustered, pale yellow flowers
produce boat-shaped fruits 8 to 13 millimeters (mm) (0.3 to 0.5 in)
long with thickened margins. The taproot can often branch at ground
level to produce multiple stems. The branching taproot distinguishes L.
cookii from L. bradshawii (Bradshaw's desert-parsley) that is
indigenous to wet prairies from southern Willamette Valley, Oregon to
southwest Washington, and L. humile (Caraway leaf lomatium) that is
found in vernal pools in northern California (Kagan 1986). Lomatium
utriculatum (Fine-leaved desert-parsley), found on mounds adjacent to
pools in the Agate Desert, is distinguished from L. cookii by its more
intensely yellow flowers, the different shape of its involucel
bracklets (leaf-like structures below the flowers), and thin-winged
fruits (Kagan 1986). Lomatium tracyi (Tracy's lomatium), occurring in
California and the Illinois Valley, has a similar appearance to L.
cookii, but L. tracyi has slender-margined fruits and can grow on dry
sites. Lomatium cookii has boat or pumpkin-shaped fruits and grows on
seasonally wet sites (Lincoln Constance, Prof. Emeritus, University of
California, Berkeley, pers. comm., 1992). Recent genetic research has
shown L. cookii to be most closely related to L. bradshawii. Lomatium
marginatum (Butte desert-parsley) and probably L. tracyi are likely the
next closely related species (M. Gitzendanner, University of Florida,
pers. comm., 2002).
James Kagan first collected Lomatium cookii in 1981 from vernal
pools in the Agate Desert, Jackson County, Oregon, and subsequently
described the species (Kagan 1986). Additional populations were found
at French Flat in the Illinois Valley, Josephine County, Oregon in 1988
(ONHIC database 2002). Plants in the French Flat/Illinois Valley sites
grow on seasonally wet soils. Slight morphological differences exist
between L. cookii populations in the Agate Desert and French Flat, but
these differences are not considered significant enough to separate the
species into subspecies. Recent genetic research found no evidence of
significant genetic differences between the Agate Desert and French
Flat L. cookii populations warranting the separation of the species
into subspecies (M. Gitzendanner and P. Soltis, pers. comm., 2001).
Limnanthes floccosa ssp. grandiflora
A delicate annual in the meadowfoam, or false mermaid, family
(Limnanthaceae), Limnanthes floccosa ssp. grandiflora grows 5 to 15
centimeters (cm) (2 to 6 in) tall, with 5-cm (2-in) leaves divided into
five to nine segments. The stems and leaves are sparsely covered with
short, fuzzy hairs. The flowers, and especially the sepals,
[[Page 68005]]
are densely covered with woolly hairs. Each of the five yellowish to
white petals has two rows of hairs near their base.
In his monograph of the genus Limnanthes, Mason (1952) described
three varieties of Limnanthes floccosa, but did not recognize the
subspecies grandiflora as distinct. Based on her study of specimens
grown under controlled conditions from field-collected seed, Arroyo
(1973) elevated Mason's varieties to subspecies and described two
additional subspecies, californica and grandiflora. Arroyo (1973)
distinguished grandiflora from the other subspecies of L. floccosa by a
combination of: petal length 7.5 to 9 mm (0.30 to 0.35 in); sepal
length 8.5 to 9 mm (0.33 to 0.35 in); sepal pubescence (dense on inner
surface and sparse to absent on outer surface); sparsely hairy stems
and leaves; two lines of hairs at the petal base; relative flowering
time; and, occurrence relative to soil moisture (Arroyo 1973). Over
much of its range, the subspecies grandiflora is sympatric or closely
related with L. floccosa ssp. floccosa; however, the subspecies
floccosa grows on the slightly drier, outer fringes of the pools,
whereas ssp. grandiflora grows on the relatively wetter, inner fringe
of the pools (Arroyo 1973; D. Borgias, The Nature Conservancy (TNC),
pers. comm., 1998).
Occurrences
Limnanthes floccosa ssp. grandiflora and Lomatium cookii both occur
in and around vernal pools within an 83-square kilometer (km\2\) (32-
square mile (mi\2\)) landform in southwestern Oregon known as the Agate
Desert in Jackson County. Located on the floor of the Rogue River basin
north of Medford, the Agate Desert is characterized by shallow, Agate-
Winlow complex soils; a relative lack of trees; sparse prairie
vegetation; and agates commonly found on the soil surface (Oregon
Natural Heritage Program (ONHP) 1997).
Lomatium cookii also occurs in another area encompassing some 10-
km\2\ (4-mi\2\) in adjacent Josephine County. This area, referred to as
French Flat, is located within the Illinois Valley near the Siskiyou
Mountains. The 21 French Flat/Illinois Valley sites are located at:
French Flat in south central Josephine County; Rough and Ready Creek
Forest Wayside State Park, southwestern Josephine County; both east and
west of Cave Junction, Oregon; east and southeast of Woodcock Mountain
near Woodcock Creek; and a few scattered sites are northeast of Kerby,
Oregon, near Reeves Creeks. These sites are collectively referred to as
the French Flat/Illinois Valley sites.
The Agate Desert landscape consists of a gentle mound-swale
topography with a characteristic appearance in aerial photographs that
is sometimes referred to as ``patterned ground.'' During the fall and
winter rainy season, a striking pattern of shallow pools develops in
the swales. These vary in size from 1 to 30 meters (m) (3 to 100 feet
(ft)) across, and attain a maximum depth of about 30-cm (12-in) (ONHP
1997). Plants native to these pools, including Limnanthes floccosa ssp.
grandiflora and Lomatium cookii, are specially adapted to grow, flower,
and set seed during the short time that water is available in the
spring, finishing their life cycle before the dry hot summers. Special
assemblages of plants blooming in concentric rings toward the deepest
part of the pools can be seen as soil moisture recedes throughout the
spring (ONHP 1997). Native plants that occur with Lomatium cookii and
Limnanthes floccosa ssp. grandiflora in these vernal pools include:
Plagiobothrys bracteatus (popcorn flower); Juncus uncialis (a rush);
Navarretia spp. (Navarretia); Limnanthes floccosa ssp. floccosa (common
woolly meadowfoam); Deschampsia danthonides; and Triteliea hyacinthina
(Kagan 1987; D. Borgias, in litt. 2002).
The historical range for Limnanthes floccosa ssp. grandiflora and
Lomatium cookii in the Agate Desert may have originally encompassed
over 130 km\2\ (50 mi\2\), within an 18-km (11-mi) radius of White
City, Oregon (ONHP 1997). Vernal pool habitat, formerly widespread
south of the Rogue River, is now almost completely eliminated (Brock
1987, ONHP 1997).
In the French Flat/Illinois Valley area, Lomatium cookii grows in
wet meadow areas underlain with floodplain bench deposits that contain
sufficient clay to form a clay pan at 60 to 90 cm (24 to 35 in) below
the soil surface (U.S. Department of Agriculture 1983). The clay pan
creates seasonally wet areas similar to the vernal pools of the Agate
Desert, but mostly lacking the latter area's distinctive mound-swale
topography. Common plants associated with Lomatium cookii in the French
Flat/Illinois Valley sites include: Danthonia californica (oatgrass);
Plagiobothrys bracteatus; Horkelia congesta (horkelia); Calochortus
uniflorus (mariposa lily); and Erythronium howellii (trout lily). The
surrounding forest contains Pinus ponderosa (Ponderosa pine) and Pinus
jeffreyi (Jeffrey pine). Shrub species that grow on serpentine soils,
such as Ceanothus cuneatus (buckbrush) and Arctostaphylos ssp., are
found within the area of Lomatium cookii sites (Kaye 2001).
The historical range of Lomatium cookii in the French Flat/Illinois
Valley area may have included seasonally wet meadows along the East
Fork of the Illinois River. Fire suppression, grazing, residential
development, and extensive gold mining (Shenon 1933) altered Lomatium
cookii habitat in this area. However, some native perennial communities
remain in wet meadows that were not affected by mining. Gold mining
imminently threatens Lomatium cookii habitat at the French Flat site
(Mark Mousseaux, BLM, pers. comm., 2002).
In the Agate Desert, there are believed to be about 15 sites
containing Lomatium cookii and about 15 sites containing Limnanthes
floccosa ssp. grandiflora. Mapped habitat compiled in 1998 for these
species in the Agate Desert totals approximately 54 hectares (ha) (133
acres (ac)) for Lomatium cookii and 80 ha (198 ac) for Limnanthes
floccosa ssp. grandiflora (ONHIC database 2002). However, due to recent
alteration and destruction of vernal pools in the Agate Desert (ONHP
1997), areas currently occupied by these plants is considerably less,
an estimated 28 ha (69 ac) and 47 ha (116 ac) for Lomatium cookii and
Limnanthes floccosa ssp. grandiflora, respectively (ONHIC database
2002). The two plants occur in five of the same vernal pool systems
constituting three different sites. At the French Flat/Illinois Valley
sites, there are believed to be about 21 known locations of Lomatium
cookii, occupying up to 61 ha (150 ac) of habitat, but many of these
sites are very small (50 individuals or less), and their current status
is not well known.
Two sites each of Lomatium cookii and Limnanthes floccosa ssp.
grandiflora occur entirely or partially within the Agate Desert
Preserve (Preserve), owned by TNC. The Preserve contains the only large
populations on private land specifically managed for the protection of
these species.
Two known sites of each taxon are on State land, mainly in the Ken
Denman Wildlife Area, where much of the habitat has been altered and
planted to grasses. Two sites containing Lomatium cookii are located on
land managed by Jackson County; one of these has been largely
extirpated by construction of a baseball sports complex. Portions of
two Lomatium cookii and three Limnanthes floccosa ssp. grandiflora
sites are on lands owned by the City of Medford, within an area
designated as the Whetstone Industrial Park. Portions of two Limnanthes
floccosa ssp. grandiflora and four Lomatium cookii
[[Page 68006]]
sites are located in highway or powerline rights-of-way (ONHIC database
2002), where they are subject to herbicide spraying and other
maintenance activities conducted by the State or counties. Fifteen
sites containing Lomatium cookii in Josephine County are located
partially or entirely on land managed by BLM. The remaining sites of
Lomatium cookii and Limnanthes floccosa ssp. grandiflora occur
primarily on private land.
Each year, plant populations exhibit some natural variation in
numbers, related primarily to temperature and rainfall conditions for
that year. In general, numbers of annual plants, such as Limnanthes
floccosa ssp. grandiflora may fluctuate more widely than those of
perennial plants, such as Lomatium cookii. The year 2000 saw a large
increase in the number of Limnanthes floccosa ssp. grandiflora plants
due to the wet conditions, but in 2001, a dry year, the number of
individuals plummeted in many areas. For example, on a protected site
owned by TNC, one Limnanthes floccosa ssp. grandiflora occurrence
declined from 68,000 in 2000 to 39,000 in 2001. However in 2002, even
with average rainfall figures still below normal, the population
increased back to about 63,000 plants. A site owned by the City of
Medford, contained some 10,000 Limnanthes floccosa ssp. grandiflora
individuals in the year 2000, while only 112 individuals were noted at
this site in 2001 (D. Borgias, in litt. 2002). Year-to-year changes of
this magnitude may be within the normal range of variation for this
annual plant. However, it is possible that a number of consecutive
drought years could eliminate some populations of Limnanthes floccosa
ssp. grandiflora. In contrast, numbers of Lomatium cookii in the Agate
Desert were generally stable or increased during 2000-2002 (D. Borgias,
in litt. 2002).
Information regarding three status changes considered outside the
natural range of year-to-year variation for these plants became
available to the Service between May 15, 2000, when the proposed rule
was published in the Federal Register (65 FR 30941) and January 14,
2002, when the comment period was reopened for these plants (67 FR
1712). Two of these involve increased population sizes at historical
Lomatium cookii sites. One of these sites, on private land, was
believed to contain some 6,000 plants historically. Surveys in 2000 and
2001 revealed an estimated 580,000 flowering individuals. Another
population, located on City of Medford airport property, that was
previously estimated at some 1,000 plants, was found in 1999 to contain
over 5,000 flowering Lomatium cookii plants. However, this larger
population was bisected in 2001 by development of a new taxiway at this
airport (K. O'Hara, David Evans & Associates, in litt. 2002). The third
status change is that, in the year 2000, Limnanthes floccosa ssp.
grandiflora was discovered at two new sites on private land. One
comprises approximately 1,000 flowering individuals and the other about
170 individuals in three patches.
The 2000-2002 observations of these two vernal pool plant species
must be considered within the context of the status and trends of their
habitat overall. Recent studies of the Agate Desert vernal pool
hydrology and vegetation indicate that no undisturbed vernal pool
habitat remains (ONHP 1997, 1999). The latter study (ONHP 1999)
indicates that the highest quality remaining Agate Desert vernal pool
habitat, that with intact hydrology and altered vegetation, is now
present on approximately 17.6 percent of the area that historically
contained vernal pools. This is a decrease from the earlier study (ONHP
1997), cited in the May 15, 2000, proposed rule, which estimated that
this highest quality remaining habitat occurred on 23.1 percent of the
area. This reported decrease in the amount of best available habitat is
partially due to better-refined mapping techniques, but there is
evidence that additional land leveling also occurred between the two
studies (ONHP 1999). Both reported and unreported fills of Agate Desert
vernal pool wetlands are occurring continually (C. Tuss, Service
biologist, pers. comm., 2001). ONHP (1999) reports that over 19 percent
of Agate Desert vernal pool habitat has been leveled, and development
(structures, roads, and other impermeable surfaces) has occurred on an
additional 41 percent of this area (ONHP 1999). Thus, over 60 percent
of the habitat of these plants in the Agate Desert has been destroyed,
and none of the remaining habitat has escaped the invasion of weedy
competitors. This compares with just under 60 percent habitat
destruction reported in ONHP 1997 and in the proposed rule (65 FR
30941).
Recent evidence also indicates that non-native annual grasses,
particularly medusahead (Taeniatherum medusae), are a greater problem
than previously believed for Lomatium cookii, particularly in the Agate
Desert (D. Borgias, in litt. 2002). Unlike native perennial
bunchgrasses that originally occupied the area, annual grasses die back
each year, creating a buildup of thatch from the dead leaves that
interferes with germination of Lomatium cookii seeds. Current
observations indicate that, without control of annual grasses through
mowing, grazing, or prescribed burns, Lomatium cookii populations tend
to decrease over time, and could be extirpated within a relatively
short timeframe due to this competition with non-native grasses (D.
Borgias, in litt. 2002). In many cases, non-native plants have been
purposefully planted for livestock and other reasons in the Agate
Desert. For example, the Ken Denman Wildlife Reserve, encompassing some
720 ha (1,780 ac) of Agate Desert land, is managed by the State
primarily for waterfowl production. Much of this Reserve has been
covered with log deck debris, plowed in strips and planted with non-
native wildlife food plants (Brock 1987).
Populations of Lomatium cookii in Josephine County are becoming
even more highly threatened by off-road vehicle (ORV) use than they
were at the time of the proposal. Over the past few years, gates
erected by the BLM to direct ORV traffic away from Lomatium cookii
habitat have been repeatedly vandalized, and the intrusion into these
areas continues. Particularly in the springtime, when the ground is wet
and muddy (and Lomatium cookii plants are flowering), ORVs cause major
rutting and disruption of Lomatium cookii habitat (L. Mazzu, BLM
botanist, pers. comm., 2001).
Previous Federal Action
Federal action on Limnanthes floccosa ssp. grandiflora began with
section 12 of the Endangered Species Act (Act) of 1973 as amended (16
U.S.C. 1531 et seq.), which directed the Secretary of the Smithsonian
Institution to prepare a report on plants considered to be endangered,
threatened, or extinct. That report, designated as House Document No.
94-51, was presented to Congress on January 9, 1975. On July 1, 1975,
we published a notice (40 FR 27823) accepting the Smithsonian
Institution report as a petition within the context of section 4(c)(2)
(now section 4(b)(3)(A)) of the Act. The notice further indicated our
intention to review the status of plant species, which included
Limnanthes floccosa ssp. grandiflora. On June 16, 1976, we published a
proposed rule, pursuant to section 4 of the Act, proposing endangered
status for approximately 1,700 vascular plant species, including
Limnanthes floccosa ssp. grandiflora (41 FR 24523).
In 1978, amendments to the Act required that all proposals over two
[[Page 68007]]
years old be withdrawn. A 1 year grace period was given to proposals
already over 2 years old. On December 10, 1979, we published a notice
in the Federal Register (44 FR 70796) withdrawing that portion of the
June 16, 1976, proposal that had not been made final, including the
proposal to list Limnanthes floccosa ssp. grandiflora. We published an
updated notice of review (NOR) for plants on December 15, 1980 (50 FR
82480), including Limnanthes floccosa ssp. grandiflora as a category 1
candidate species. At the time, category 1 species were defined as we
presently define candidates, i.e., those species for which we have on
file substantial information on biological vulnerability and threats to
support the preparation of proposals to list as threatened or
endangered. Category 1 status was maintained for Limnanthes floccosa
ssp. grandiflora in the November 28, 1983, supplement to the notice (48
FR 53657). However, in the September 27, 1985, NOR (50 FR 39526), the
status of this taxon was changed to category 2. Category 2 was defined
at the time to include taxa for which data in our possession indicated
that listing was possibly appropriate, but for which substantial
information on biological vulnerability and threats was not currently
known or on file to support proposed rules. Category 2 status was
maintained for Limnanthes floccosa ssp. grandiflora in the NOR
published on February 21, 1990 (55 FR 6184). Lomatium cookii was first
included in that 1990 NOR as a category 1 candidate species. In the
September 30, 1993, NOR (58 FR 51144), the status of both taxa remained
unchanged.
Upon publication of the February 28, 1996, NOR (61 FR 7596), we
ceased using category designations and included as candidates only
those taxa previously designated as category 1, i.e., those for which
we had on file sufficient information to support listing proposals.
Accordingly, Lomatium cookii was maintained as a candidate species, but
Limnanthes floccosa ssp. grandiflora was not. The plant NOR, published
on September 19, 1997 (62 FR 49398), includes both Limnanthes floccosa
ssp. grandiflora and Lomatium cookii as candidate species. The October
25, 1999, (64 FR 57534) and June 13, 2002 (67 FR 40657) NORs list both
species as candidates.
Section 4(b)(3)(B) of the Act requires the Secretary to make
certain findings on pending petitions within 12 months of their
receipt. Section 2(b)(1) of the 1982 amendments further requires that
all petitions pending on October 13, 1982, be treated as having been
newly submitted on that date. This was the case for Limnanthes floccosa
ssp. grandiflora because of our acceptance of the 1975 Smithsonian
Report as a petition. On October 13, 1983, we found that the petitioned
listing of this species was warranted, but precluded by other pending
listing actions, in accordance with section 4(b)(3)(B)(iii) of the Act.
Notice of this finding was published on January 20, 1984 (49 FR 2485).
Such a finding requires the petition to be reviewed annually pursuant
to section 4(b)(3)(C)(i) of the Act. For the purpose of making these
annual petition findings, we made an administrative decision to treat
all candidate plants as if their listings had been petitioned prior to
1982. Therefore, the ``warranted but precluded'' finding also applies
to Lomatium cookii, which first appeared on the February 21, 1990, NOR.
The warranted but precluded finding for both species has been reviewed
annually through 1997. Publication of the proposed listing rule for
these two species constituted the final finding for the petitioned
action.
On May 15, 2000, the Service published a proposed rule to list
Lomatium cookii and Limnanthes floccosa ssp. grandiflora as endangered
species and requested public comment for 60 days (65 FR 30941). On
August 28, 2001, Siskiyou Regional Educational Project filed a citizen
suit alleging that the Service had failed to make a timely final
determination on the listing of these two plants, consistent with the
timeframes set forth in section 4 of the Act (Siskiyou Regional
Educational Project v. Norton, Civil No. 01-1208-KI (D. Ore). We
entered into a settlement agreement with the plaintiff and agreed to
submit a final listing decision for publication in the Federal Register
on or before October 31, 2002. On January 14, 2002, the Service
reopened the comment period on the proposed endangered status of the
two plant species to seek updated information on the status, abundance,
and distribution of these plants, as well as to provide updated
information acquired by the Service since the proposed rule was
published. This comment period closed on March 15, 2002 (67 FR 1712).
This final rule is made in accordance with the judicially approved
settlement agreement.
Summary of Comments and Recommendations
We contacted Federal and State agencies, county governments,
scientific organizations, and other interested parties and asked that
they comment. We requested that all interested parties submit factual
reports or information that might contribute to the development of this
final rule. We received a total of 19 comment letters over two comment
periods. Four letters were received during the first comment period and
fifteen letters were received during the second comment period. Of the
nineteen total responses, sixteen were in support and three opposed the
listing action. Two responses were from groups that commented during
both comment periods, expressing the same or similar viewpoints in both
letters. No comments were received from Federal, State, or community
government agencies. All responses were submitted by individuals or
groups.
This final rule reflects the comments and information we received
during the comment period. We addressed opposing comments and other
substantive comments concerning the rule below. Comments of a similar
nature or point are grouped together (referred to as issues for the
purpose of this summary) below, along with our response to each.
Issue 1: The proposed listing rule was not based on the best
scientific information available and was not from independent sources.
Our Response: We thoroughly reviewed all available scientific data.
We sought and reviewed historic and recent publications and unpublished
reports concerning Lomatium cookii and Limnanthes floccosa ssp.
grandiflora and other related species, as well as literature
documenting the decline of the vernal pool ecosystem in general. This
included reliable unpublished reports, non-literature documentation,
and personal communications with experts. The public reviewed the
proposed rule and an update on the species' status when the comment
period was reopened. The proposed rule was peer reviewed according to
our policy (see ``Peer Review'' section). In the process of updating
the proposed rule, some citations may have changed due to publication,
in peer reviewed journals, of some data originally cited as personal
communications, unpublished manuscripts, or thesis. We used our best
professional judgment and based our decision on the best scientific and
commercial data available, as required by section 4(b)(1) of the Act.
Issue 2: The effects of cattle grazing are not based on research
demonstrating the positive and negative effects of cattle grazing and
seem to be contradictory.
Our Response: Research conducted by TNC included monitored plots of
Lomatium cookii and Limnanthes floccosa ssp. grandiflora populations on
the Agate Desert. The results indicated that both Lomatium cookii and
Limnanthes floccosa ssp. grandiflora
[[Page 68008]]
populations increased in the plots where livestock grazing was
excluded. Ungrazed plots containing Limnanthes floccosa ssp.
grandiflora continued to have population increases over time. However,
Lomatium cookii population gains of the first year were lost by the
third year when thatch build-up impeded plant growth and seedling
abundance (D. Borgias, in litt. 2002).
The perceived ambiguity between the positive and negative effects
of grazing on these species may lie in how the effects differ depending
on the time of year, intensity, and duration of grazing within vernal
pools. Prevailing livestock practices on the Agate Desert are
considered ``moderate'' grazing. In Jackson County, 37,000 head of
cattle and 3,000 head of sheep were pastured in 2000. The Natural
Resources Conservation Service, U.S. Department of Agriculture, soil
survey for Jackson County (Soil Conservation Service 1993) determined
that the winter production on the Agate Desert soils amounts to 362
kilograms (kg) (800 pounds (lbs.)) of forage per acre, annually. This
amount of forage is just above the estimated requirements of a cow/calf
pair for a month (or 353 kg ``animal unit month'' or 12 kg per day )
(780 lbs. ``animal unit month'' or 26 lbs. per day). Stocking rates in
the Agate Desert are about one cow/calf pair for each 2.5 to 4 or more
acres and typically grazing occurs in the late fall, winter and early
spring (D. Borgias, in litt. 2002). These are averages and can be
affected by changes in weather (e.g., above or below normal rainfall).
However, even moderate grazing can affect Limnanthes floccosa ssp.
grandiflora and Lomatium cookii populations either positively and/or
negatively since time of year and duration must be considered.
Preliminary survey results indicate early fall grazing may be
beneficial to Lomatium cookii and Limnanthes floccosa ssp. grandiflora
species through reductions in the populations of non-native
competitors. Spring grazing may be detrimental to these species'
populations from the direct effects of herbivory and trampling (D.
Borgias, in litt. 2002; Kagan in litt. 2002). Precise management
recommendations to benefit these species are in development while
research continues.
Issue 3: The proposed rule ignores protections already in place.
Our Response: Lomatium cookii and Limnanthes floccosa ssp.
grandiflora are listed by the State of Oregon as State endangered
species under the Oregon Endangered Species Act. Despite the State
listing, population losses of Lomatium cookii and Limnanthes floccosa
ssp. grandiflora continue to occur. The inadequacy of existing Federal
laws and regulations to protect these species are addressed in greater
detail in the section titled, ``Summary of Factors Affecting the
Species.''
Issue 4: The proposed rule does not address the economic impacts to
the surrounding communities, especially the agricultural communities.
Our Response: The Act requires us to base our listing decisions on
the best scientific and commercial information available, without
regard to the effects, including economic effects, of listing a
species. (See the section titled ``Summary of Factors Affecting the
Species''). However, the range of these species overlaps considerably
with the range of the federally-listed vernal pool fairy shrimp,
Branchinecta lynchi, in southwest Oregon. Actions on Federal property
or proposed actions that have a Federal nexus are already required to
conduct section 7 consultations if their actions may affect listed
species. The listing of Lomatium cookii and Limnanthes floccosa ssp.
grandiflora should not lead to greater restrictions on privately owned
property as the Endangered Species Act controls take of endangered
plants on private land only when it involves knowing violation of state
law. Economic impacts will be analyzed in detail during the process of
designating critical habitat.
Issue 5: Rainfall and weather conditions were not discussed to
explain population declines.
Our Response: When the proposed rule was published, May 15, 2000,
(65 FR 30941) it contained the best available information to us on the
status of the species at that time. Additional information on the
species was solicited from experts, and public comments were sought to
update information on the status, abundance, and distribution of these
plants. The proposed rule to reopen the comment period was published in
the Federal Register on January 14, 2002 (67 FR 1712). It contained
updated population numbers and addressed the year to year changes in
population size from the effects of annually fluctuating environmental
factors such as rainfall and weather conditions.
Issue 6: Critical habitat was not designated.
Our Response: The Northwest Environmental Defense Center wrote in
support of the listing of Lomatium cookii and Limnanthes floccosa ssp.
grandiflora and recommended that critical habitat be designated for
these two species. Due to funding constraints we are unable to
designate critical habitat at this time. We will prepare a critical
habitat determination in the future as resources allow. (See Critical
Habitat section).
Issue 7: Fire, used as an alternative to grazing to remove thatch,
would kill plants or overly stress the plants, damaging crown and
roots.
Our Response: Research results on the effects of prescribed burning
on the Agate Desert have shown that early summer fire is neutral to
Limnanthes floccosa ssp. grandiflora and beneficial toward Lomatium
cookii. Seedling recruitment in the second year post burn, and juvenile
recruitment in the third year post burn far surpassed that in unburned
units. The crowns are dry at the time when fire can carry through such
stands, and the roots are insulated from the heat generated by the
short lasting fuels of a grassland fire (D. Borgias, in litt. 2002).
Issue 8: Land that is totally protected could result in decreased
population numbers. Because Lomatium cookii repopulated an area that
was leveled in the 1940's, this indicates that this species is an
``early invader.''
Our Response: Populations of Lomatium cookii have not been shown to
increase with disturbance. Habitat modification has been shown to be a
leading contributor to population declines. One explanation for the
``repopulation'' of the Antelope Road site may be that the seeds lying
dormant in the soil were stimulated to grow by the immediate
hydrological conditions. Vernal pool species have very specialized
conditions in which they have evolved and often have physical
structures on the parent plant to hold the seed onto the plant. Almost
a fifth of vernal pool species have mechanisms or structures that
restrict dispersal (Zedler 1990). This insures the seed will be
deposited in the same area where the parent plant successfully
reproduced. Dispersal outside the vernal pool environment is not an
advantage to highly specialized vernal pool plants because dispersal
would increase the chance of landing in inhospitable habitat.
Issue 9: The species range may be wider than acknowledged and is
not being looked at on a broad enough scale or on other soils.
Our Response: Many amateur and professional botanists, trained in
plant taxonomy and the geographic distribution of plant species, devote
large amounts of their time collecting and identifying plants. These
experts look specifically for range extensions of known species and
species new to science (F. Lang, Prof. Emeritus, Southern Oregon
University, pers. comm., 2000). Factors controlling the distribution of
Lomatium cookii and the
[[Page 68009]]
Limnanthes floccosa ssp. grandiflora include the local geological and
hydrological conditions. The seasonal wetland habitat inhibits plant
species not specifically adapted to the wet/dry habitat (D. Borgias,
pers. comm., 2000).
Peer Review
In accordance with our July 1, 1994 (59 FR 34270), Interagency
Cooperative Policy on Peer Review, we requested the expert opinion of
at least three independent specialists regarding pertinent scientific
or commercial data and assumptions relating to supportive biological
and ecological information in the proposed rule. The purpose of such a
review is to ensure that the listing decision is based on
scientifically sound data, assumptions and analyses, including input of
appropriate experts and specialists.
We requested peer review from six individuals who possess expertise
on Lomatium cookii or Limnanthes floccosa ssp. grandiflora natural
history and ecology to review the proposed rule and provide any
relevant scientific data relating to taxonomy, distribution, or to the
supporting biological data used in our analyses of the listing factors.
We received responses from four peer reviewers. All expressed their
belief that the data supported the protection of the two plant species
under the protection of the Act. We have incorporated their comments
into the final rule, as appropriate, and briefly summarized their
observations below.
All four peer reviewers agreed with our conclusion to list these
species as endangered. Each supported the scientific basis for our
decision and addressed the urgency of the threats to the species. The
peer reviewers' comments included suggestions to correct technical
errors, clarify differences between Limnanthes subspecies, and a
correction regarding an absent referenced citation. The peer reviewers'
suggested changes are noted below and/or have been incorporated into
this final rule document as appropriate.
Summary of Changes from the Proposed Rule and Reopening of Comment
Period
An error was found in our taxonomic description of Limnanthes
floccosa ssp. grandiflora published in the proposed rule which
distinguishes it from other Limnanthes subspecies. The corrected
description and the proper literature citation have been incorporated
in this final rule.
Population data regarding the status of both taxa was supplied to
us by the ONHP which transferred their data to Oregon State University
Institute for Natural Resources. As of June 28, 2002, the organization
name was changed to Oregon Natural Heritage Information Center. The
change in citation has been noted in this final rule.
A peer reviewer suggested a name change to differentiate three
Lomatium cookii occurrence sites collectively referred to as the French
Flat occurrence located in the Illinois Valley. The peer reviewer
believes there is the potential for confusion because the southernmost
site is located in an area known as French Flat, while the other
populations are further north, some adjacent to Cave Junction and
others located at the westernmost edge of the Illinois Valley or
further north. Additional descriptors have been added where appropriate
to define the specific area being addressed or are referred to as
French Flat/Illinois Valley sites in this final rule.
Special concern was expressed regarding the population of Lomatium
cookii located on the west side of the Illinois Valley. Due to a large
wildfire just west of the Illinois Valley, in the Kalmiopsis Wilderness
Area, fire suppression related activities, such as fireline
construction or the use of heavy equipment, may be a new additional
threat to Lomatium cookii. Because the effects of the suppression
action will not be known until after the publication of the final rule,
these potential threats are not likely to reduce the need to list the
species as endangered and will not be addressed in the final rule.
Summary of Factors Affecting the Species
Section 4 of the Act and its implementing regulations (50 CFR part
424) set forth the procedures for adding species to the Federal lists.
A species may be determined to be endangered or threatened due to one
or more of the five factors described in section 4(a)(1). These factors
and their application to Lomatium cookii and Limnanthes floccosa ssp.
grandiflora are as follows:
A. The present or threatened destruction, modification, or
curtailment of its habitat or range. The vernal pools and other
seasonally wet soils where Lomatium cookii and Limnanthes floccosa ssp.
grandiflora grow are susceptible to various land-use disturbances. The
primary threats to the vernal pool habitat of Lomatium cookii and
Limnanthes floccosa ssp. grandiflora in the Agate Desert are
industrial, commercial, and residential development and related road
and utilities construction and maintenance, including mowing, herbicide
spraying, firebreak construction, and hydrologic alteration,
particularly the conversion of non-irrigated land to irrigated
agricultural use (D. Borgias, in litt. 2002). Competition, particularly
from introduced annual grass species (see Factor E), and grazing,
especially during the fall and winter months, can also reduce or
eliminate populations of these species (Kagan 1987; James Kagan, ONHP,
pers. comm., 1998; D. Borgias, in litt. 2002). Josephine County
populations of Lomatium cookii are additionally threatened by proposed
gold mining operations, the uncontrolled use of ORVs in the areas
occupied by this plant, timber sale activities, and tree encroachment
into open areas associated with fire suppression.
Human-related impacts to vernal pool habitat in the Agate Desert
began in the mid-1800s, when the area was grazed by cattle and sheep
(ONHP 1997). In 1905, a land speculation company acquired a large part
of the area and attempted to establish pear orchards by constructing an
extensive system of shallow irrigation ditches and in some cases,
blasting through the hardpan layer. This failed, and grazing continued
as the dominant use until 1942, when the U.S. military purchased a
large segment of the Agate Desert for a training center. When this
center was decommissioned in 1946, a 158-ha (390-ac) portion of the
area west of Highway 62 was purchased by a timber industry consortium,
and a timber mill industrial center began to grow (ONHP 1997). Other
industries were drawn to the area, and around 1980, the City of Medford
established the 290-ha (720-ac) Whetstone Industrial Park. Much of this
area has been leveled and compacted, destroying any vernal pools,
although some potential vernal pool habitat remains in the area (ONHP
1997). Another area west of Highway 62, encompassing some 728-ha
(1,800-ac), is State land, managed by the Oregon Department of Fish and
Wildlife, as the Ken Denman Wildlife Area (ONHP 1997). Devoted to
waterfowl production, much of this area has been covered with log deck
debris, plowed in strips, and planted with non-native wildlife food
plants (Brock 1987; J. Kagan, pers. comm., 1997).
East of Highway 62, much of the Agate Desert landform was
subdivided into 2-ha (5-ac) homesites in the 1950s, many of which were
leveled. This area harbors some intact vernal pool habitat (Brock 1987,
ONHP 1997).
The southernmost section of the historical Agate Desert has been
largely modified by cultivation for pasture. The Medford-Jackson County
Airport occupies some 374 ha (925 ac) at the southern limit of the
landform. A Foreign Trade Zone at this airport has
[[Page 68010]]
been under development (Bern Case, Director, Medford Jackson County
Airport, pers. comm., 2002). However, construction associated with this
facility has not directly impacted Lomatium cookii plants at the site
to date.
Jackson County is experiencing a rapid human population increase.
Between 1990 and 2000 the population of Jackson County increased 23.8
percent (U.S. Department of Commerce, Census Bureau 2000). It is the
seventh fastest growing county in Oregon, and the majority of this
growth is centered in the Medford area (Portland State University,
Population Research Center. 2000). Much development has occurred in and
around Lomatium cookii and Limnanthes floccosa ssp. grandiflora habitat
near the City of Medford and White City.
A habitat assessment map and report (ONHP 1997) indicated that
residential, commercial and industrial development, along with land
leveling, have claimed nearly 60 percent of the historic Agate Desert
vernal pool landscape. According to this assessment, no pristine vernal
pool habitat remains due to the presence of introduced plants
throughout the Agate Desert. The highest quality remaining vernal pool
habitat occurs on 23 percent of the landform. By overlaying ONHIC plant
occurrence polygons on the habitat assessment base map, one can
determine that over 50 percent of Lomatium cookii sites and nearly 50
percent of Limnanthes floccosa ssp. grandiflora sites originally mapped
in the Agate Desert during the 1980's have been severely altered.
Habitat alterations in the Agate Desert are continuing as indicated by
numerous examples below.
In 1992, a sewage line was built by the City of Medford across the
southwest corner of the Cardinal Avenue site in the Agate Desert. A
large department store was built on land adjacent to this site. The
Cardinal Avenue site, with a population of approximately 140 Lomatium
cookii individuals, was graded in January 1993 (J. Kagan, pers. comm.,
1998). The landowner was contacted by TNC to request permission to
remove some plants for experimental transplantation. The landowner
agreed to allow removal of the plants, but TNC was only able to obtain
one individual prior to completion of grading, and was unable to
successfully transplant the individual (D. Borgias, pers. comm., 1999).
In 1986, private lands with 4 ha (10 ac) of Lomatium cookii habitat
and some 500 individual plants were developed into a sports park
complex by Jackson County with Federal Land and Water Conservation
Funds. The area was leveled and playing fields and parking lots were
constructed. Approximately 80 percent of the available habitat was
removed at this site. Inventory of this site in 1992 documented 150
plants at this location (Kagan 1992). Based on preliminary surveys in
1997, these plants may have since become extirpated (J. Kagan, pers.
comm., 1998).
Another project related to development in the Agate Desert area
that adversely affected Lomatium cookii and Limnanthes floccosa ssp.
grandiflora habitat is a 500-kilovolt powerline that Pacific Power and
Light constructed in June 1992 (Gerald Nielsen, Pacific Power Co.,
pers. comm., 1992). The powerline directly affected 7.5 ha (18.5 ac)
out of a total of 80 ha (198 ac), or 9.3 percent, of the existing
Limnanthes floccosa ssp. grandiflora habitat in the Agate Desert. About
2.6 ha (6.4 ac), out of a total of 54 ha (133 ac), or 4.8 percent, of
the existing Lomatium cookii habitat was affected in the Agate Desert.
Maintenance activities along the powerline corridor may continue to
adversely impact Lomatium cookii and Limnanthes floccosa ssp.
grandiflora habitat.
Two sites where Limnanthes floccosa ssp. grandiflora was collected
in 1969 have been destroyed, one by construction of a mill, and another
1.6 ha (4.0 ac) occurrence by construction of a large industrial plant
(J. Kagan, pers. comm., 1997). A number of additional sites with
Limnanthes floccosa ssp. grandiflora occurrences (50 percent of the
total extant) have been severely degraded, as follows (J. Kagan, pers.
comm., 1998): (1) One site, at the intersection of three major roads,
has been reduced to a few fragmented patches. The site is ringed with
development with two fast-food restaurants on one side, a powerline on
another, and residential development to the east. The isolation of this
site may eventually result in the loss of these plants especially if
the number of individual plants is too small to be self-sustaining; (2)
another site occurs at the corner of a building adjacent to railroad
tracks and has been reduced to approximately 5 square meters (54-square
feet), again, leaving no avenue for site conservation; (3) a sewer
plant for the City of Medford has reduced the type locality for this
taxon to two small pools; (4) the two sites on Denman Wildlife Area
have been leveled and scraped for planting tall wheatgrass as wildlife
food. In 1985, Limnanthes floccosa ssp. grandiflora was estimated to
cover some 16 ha (40 ac) at one of these sites, but by 1993, coverage
had been reduced to 1.2 ha (3 ac), a 92 percent reduction; and (5) more
recently, over two-thirds of another site (29.5 ha (73 ac) in size) has
been leveled, grazed, and piped for irrigation.
In the early 1990's, a proposed highway connector between
Interstate 5 and Highway 140 across the Agate Desert would have
impacted a number of sites of both Lomatium cookii and Limnanthes
floccosa ssp. grandiflora. Although that specific project is no longer
under consideration, the Oregon Department of Transportation (ODOT) is
currently considering a number of alternatives for moving traffic
through the area, some of which could impact vernal pools. An
additional potential impact to vernal pool habitat from the highway
project is future industrial and residential development that may
result from increased access to the area from Interstate 5.
The only Lomatium cookii and/or Limnanthes floccosa ssp.
grandiflora habitat currently protected from industrial, residential,
or commercial development in the Agate Desert area is the habitat
located on the Agate Desert, Whetstone Savanna, and Rogue River Plains
Preserves and managed by TNC. These three areas encompass approximately
21 ha, 20 ha, and 53 ha (53, 50, and 132 acres), respectively. The
Rogue River Plains Preserve only contains Limnanthes floccosa ssp.
grandiflora, while the other two properties also contain Lomatium
cookii.
The Agate Desert Preserve, supporting the largest populations of
Lomatium cookii and Limnanthes floccosa ssp. grandiflora, is located in
an area that may soon be surrounded by commercial and industrial
developed land. Although the Preserve land is protected, the alteration
of land adjacent to the Preserve could disrupt the hydrologic processes
within the Preserve. For example, a road was built along the southern
edge of the Preserve in 1988. Water runs off the road into a ditch
after rainstorms, where it would have normally remained in pools in the
Preserve. This ditch drained several of the vernal pools on the
southern portion of the Preserve, further reducing approximately 0.2 ha
(0.5 ac) of vernal pools available to Lomatium cookii and Limnanthes
floccosa ssp. grandiflora in the Preserve (J. Kagan, pers. comm.,
1998). In addition, potential habitat that borders the west side of the
Preserve was partitioned and developed into industrial property in
January 1993 (J. Kagan, pers. comm., 1998). Hydrology and available
management (e.g., prescribed burning) were also altered by the
development.
During development of land west of the Preserve, land-moving
equipment
[[Page 68011]]
trespassed onto a portion of the Preserve. At the time, vernal pools on
the Preserve had no fences or physical barriers to prevent trespass by
ORVs or earth-moving equipment (D. Borgias, pers. comm., 1998).
To summarize these plants' current status in the Agate Desert,
existing Limnanthes floccosa ssp. grandiflora plant numbers are
relatively stable. However, they do vary considerably from year to
year, likely being influenced by seasonal precipitation levels. Two new
sites were recorded in 2000, with one site containing about 1,000
plants and the other about 170 in that year. Numbers of Lomatium cookii
plants over the past few years are stable to increasing in the Agate
Desert. One site exhibited a dramatic increase from an average of about
5,500 plants to over 500,000 plants in 2001 in a 6 ha (15 acre) area on
private land. Habitat originally mapped for these species and believed
to be occupied in the Agate Desert totaled some 54 ha (133 ac) for
Lomatium cookii and 80 ha (198 ac) for Limnanthes floccosa ssp.
grandiflora (ONHP Database 1998). However, habitat currently occupied
by these plants is considerably less, an estimated 28 ha (69 ac) and 47
ha (116 ac) for Lomatium cookii and Limnanthes floccosa ssp.
grandiflora, respectively (ONHIC database 2002). Thus, while some
populations show local increases in abundance, overall the ranges of
both plants have declined by roughly 50 percent in the Agate Desert,
and habitat loss or degradation continues to be a significant threat to
these species.
Sites containing Lomatium cookii in Josephine County in the French
Flat and Illinois Valley regions are also subject to numerous threats.
The only habitat for this plant on federally-owned land is located near
French Flat and managed by BLM. Gold mining operations threaten
approximately 10 percent of the federally-owned portion of this
habitat. Approximately 600 plants occur in the area threatened by
mining. Mining activities could result in direct habitat loss for the
species and limit recovery at this site. If existing mining claims on
BLM lands are pursued, habitat destruction would be substantially
increased beyond 20 percent.
Indirect effects from mining operations in French Flat 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. Currently, no safeguards exist to protect habitat in the French
Flat area from mining operations.
ORV use damages other Lomatium cookii habitat on BLM-managed lands
at French Flat. In 1992, ORV use damaged a large wet meadow in this
area, creating ruts that punctured the clay pan layer and allowed soil
moisture to drain from the wet meadow habitat (Linda Knight, pers.
comm., 1992). Heavy ORV use of Lomatium cookii habitat in the area is
continuing. To date, ORV use has caused puncturing and draining of at
least 6 ha (15 ac) of meadow habitat in the French Flat population. As
a result, at least 20 percent of the remaining Lomatium cookii habitat
on federally managed land has been destroyed. BLM has gated part of the
area and closed access roads to discourage ORV trespass, but
restricting access to this large open area is difficult (Linda Mazzu,
BLM, pers. comm., 1998; Joan Seevers, Medford District BLM, pers.
comm., 1998; Mark Mousseaux, Medford District BLM, pers.com., 2002).
The Oregon Parks & Recreation Department has undertaken protective
measures for Lomatium cookii in Illinois River Forks State Park. Their
entrance road was recently fenced to exclude ORV use from areas near
the road where this plant occurs.
Several sites containing Lomatium cookii at Indian Hill and Rough
and Ready Creek are threatened by encroachment of woody species from
the surrounding forest. The invasion of these trees and shrubs, which
could shade out Lomatium cookii plants and decrease available water, is
likely associated with fire suppression activities (L. Mazzu, pers.
comm., 1998).
Residential development and road building in the Illinois Valley
also threaten populations of Lomatium cookii. For example, construction
of a residential driveway and roto-tilling on private ground extirpated
a Josephine County population of this species in 1991 (J. Kagan, pers.
comm., 1998).
Therefore, the on-going and future threats associated with mining,
ORV use, and development may lead to continued loss of individual
plants and/or habitat throughout the Illinois Valley.
B. Overutilization for commercial, recreational, scientific, or
educational purposes. Lomatium cookii has no known commercial,
recreational, or scientific use at this time. There is no evidence of
overcollection by botanists and/or horticulturists at this time.
However, Limnanthes floccosa ssp. grandiflora may be of interest to
collectors and researchers since some members of the genus have the
potential to become important new crop plants because they possess a
seed oil which exhibits stability at high temperature and pressure.
This oil could be used as a lubricant for various industrial uses
(Savonen, in litt. 1998). Limnanthes alba, a wildlflower found in
California, is now poised to become a multi-million dollar crop in the
Willamette Valley of Oregon for its oil (Savonen in litt. 1998). To
domesticate the species and improve strains, seeds have been, and
continue to be, collected from wild Limnanthes alba, as well as other
Limnanthes species, including Limnanthes floccosa ssp. grandiflora to
cross with the domesticated plants. Limnanthes floccosa ssp.
grandiflora was crossed with Limnanthes alba to develop a self-
pollinating Limnanthes variety (Jolliff et al. 1984). This species may
continue to be sought for collection, if its rarity and population
locations become well known. The relatively few remaining populations
of the species are easily accessed and so small that even limited
collecting pressure could have significant adverse impacts.
About 80 percent of the Lomatium cookii sites and 40 percent of the
Limnanthes floccosa ssp. grandiflora sites consist of 2 ha (5 ac) of
land or less. Easy access exists to these plants in the Agate Desert,
and to Lomatium cookii sites near Cave Junction, since they occur near
heavily traveled roads. Most sites for these species lack fences or
other measures to discourage collectors or others from accessing the
sites.
C. Disease or predation. No data exists to substantiate whether
disease threatens Lomatium cookii or Limnanthes floccosa ssp.
grandiflora. An unidentified Ascomycete fungus was responsible for the
mortality of four Lomatium cookii plants in a single population (Kagan
1987). Since this fungus has not been observed at other sites, no
conclusions can be drawn regarding the threat of the fungus to the
species as a whole. Predation has been observed on Lomatium cookii from
gophers, other rodents, and black-tailed jackrabbits (Lepus
californicus) feeding on vegetative portions, wireworms and other
insect larvae eating the roots of plants, and insects preying on
Lomatium cookii seeds (Kagan 1987).
Cattle grazing can cause substantial impacts to Lomatium cookii and
Limnanthes floccosa ssp. grandiflora. Tracts heavily grazed from
October to April are less likely to support these taxa. The majority of
the seasonal growth occurs during the winter. If the plants are grazed
during fall and winter and spring, they are less likely to survive to
produce seed in the spring or early summer (Brock 1987).
[[Page 68012]]
The effects of cattle grazing on Lomatium cookii and Limnanthes
floccosa ssp. grandiflora are exemplified by the history of land use on
what is now TNC's Agate Desert Preserve. Prior to TNC's acquisition of
this tract, the area was grazed for a number of years. An estimated 480
individuals of Limnanthes floccosa ssp. grandiflora were noted at this
site between 1984-1987. Cattle were removed in 1987, and in 1988, the
Limnanthes floccosa ssp. grandiflora population had soared to over
7,000 individuals. By 1991, the population had grown to an estimated
17,600 plants, and in 2002 was at over 63,000 and is stable or
increasing (D. Borgias, in litt. 2002). Despite the potential
deleterious effects of fall to spring cattle grazing, carefully managed
and timed grazing may actually reduce competition with introduced grass
species (see Factor E).
D. The inadequacy of existing regulatory mechanisms. The majority
of Lomatium cookii and all Limnanthes floccosa ssp. grandiflora plants
grow in association with vernal pools that can contain water from
November to March (Brock 1987). In accordance with the Clean Water Act
of 1977 (91 Stat. 1566), these vernal pools are classified as wetlands,
since they meet the requirement of containing water for at least two
weeks during the growing season. Under section 404 of the Clean Water
Act, the U.S. Army Corps of Engineers (Corps) regulates discharge of
fill into waters of the United States, including wetlands (33 CFR parts
320-330). To be in compliance with the Clean Water Act, parties are
generally required to notify the Corps prior to undertaking any
activity that would result in the discharge of fill, including soil,
into wetlands under the Corps' jurisdiction. An individual permit is
required in many cases.
A ruling by the Supreme Court (Solid Waste Agency of Northern Cook
County v. U.S. Army Corps of Engineers, 148 L. Ed. 2d. 576 (2001)) on
January 9, 2001, involved statutory challenges to the assertion of
Clean Water Act jurisdiction over isolated, non-navigable, intrastate
waters used as habitat by migratory birds. This Supreme Court ruling
provided some limitations to regulatory jurisdiction of isolated, non-
navigable waters under the Clean Water Act. Based on our experience
with the Portland District's jurisdictional determinations since the
SWANCC ruling, we anticipate that the majority of the vernal pools
occupied by these species will still be regulated under the
jurisdiction of the Corps pursuant to section 404 of the Clean Water
Act.
The Nationwide Permit Program (33 CFR Part 330) was recently
revised in January 2002 (67 FR 2020) and became effective March 18,
2002. The Nationwide Permit Program was designed to eliminate the need
for individual permits, requiring agency review and public comment, for
some activities involving relatively small amounts of discharge or fill
into waters of the U.S. Nationwide Permit (NWP) number 14, addressing
liner transportation projects; NWP 39, addressing residential,
commercial, and institutional developments; NWP 40, addressing
agricultural activities; NWP 42, addressing recreational activities;
and NWP 44, addressing mining activities allow the discharge of fill
affecting up to only 0.2 ha (0.5 ac) of non-tidal wetlands. For NWPs
14, 39, 40, and 42 the permittee must notify the Corps prior to
discharge if the discharge causes the loss of greater than 0.04-ha
(0.10-ac) of non-tidal wetland and must generally provide a
compensatory mitigation proposal to offset the permanent loss of
wetlands. Under NWP 44, the permittee must avoid and minimize
discharges into wetlands to the maximum extent practicable, and the
Corps must be notified in a written statement detailing compliance with
this provision.
The Clean Water Act does not regulate drainage of wetlands unless
that action results in the discharge of dredged or fill material into a
wetland. In addition, normal farming, silviculture, and ranching
activities do not require permits for discharge or fill activities (see
33 CFR 323.4).
Most Lomatium cookii and Limnanthes floccosa ssp. grandiflora sites
occupy wetlands less than a few hectares in size. Therefore, activities
resulting in the filling of even less than 0.2 ha (0.5 ac) of vernal
pools can have a measurable effect on their habitats. While
compensatory mitigation may be required, vernal pools are location
specific and cannot likely be created, but only restored. Currently,
the Corps is not required to request consultation on fill activities
which may affect Lomatium cookii, Limnanthes floccosa ssp. grandiflora,
or other unlisted species. When Lomatium cookii and Limnanthes floccosa
ssp. grandiflora are listed, section 7 consultation under the Act would
be required by the Nationwide Permit conditions prior to the Corps'
authorization of an activity that would affect the species. The
Portland District of the Corps has issued General Regulatory Conditions
that accompany all nationwide permits. One of these conditions
indicates that if at any time the permittee becomes aware of the
presence of a listed species within the authorized project area, all
work activity must cease immediately, the Corps must be notified, and
work must not resume until approved by the Corps. When Lomatium cookii
and Limnanthes floccosa ssp. grandiflora are listed, these regulatory
conditions will offer some Federal protection for them in the ephemeral
wetlands they occupy.
State of Oregon wetland laws do not protect many Lomatium cookii or
Limnanthes floccosa ssp. grandiflora sites due to their small size and
their susceptibility to small fills. The Removal-Fill Law of 1989 (ORS
196.800-196.990), administered by the Oregon Division of State Lands,
does not regulate activities that involve less than 38 cubic meters (50
cubic yards) of fill. Such an amount of fill could seriously impact
many smaller vernal pool wetlands in which Lomatium cookii and
Limnanthes floccosa ssp. grandiflora occur.
Lomatium cookii and Limnanthes floccosa ssp. grandiflora are listed
as endangered species under the State of Oregon threatened or
endangered plant law (OAR 603-073-0070). In general, State-listed plant
populations on private lands are afforded very little protection by
this law. The law prohibits the ``take'' of State-listed plants only on
State, county, and city-owned or leased lands. On these lands, the
State law does not guarantee the protection of State-listed plants
because it allows for the loss of populations if a proposed project or
activity is considered to be a public benefit. State-listed plants may
be ``taken'' on private lands, provided the land owner provides their
written permission.
With the listing of Lomatium cookii, BLM generally will provide a
protection buffer when a plant population may be impacted by a project
(L. Mazzu, pers. comm., 1999).
E. Other natural or manmade factors affecting its continued
existence. Herbicide spraying, mowing, grading, and other road
maintenance activities threaten small Lomatium cookii sites adjacent to
roads, on private lands near Cave Junction in the Illinois Valley. In
the Agate Desert, Lomatium cookii and Limnanthes floccosa ssp.
grandiflora individuals in road or powerline rights-of-way could be
accidentally destroyed by local public works departments, highway
districts, fire departments, or private citizens when carrying out
maintenance activities (Rose Hayden-Owens, ODOT, pers. comm., 1998).
Invasion of non-native annual plants in the Agate Desert has
altered native perennial plant communities (Brock 1987) where Lomatium
cookii and
[[Page 68013]]
Limnanthes floccosa ssp. grandiflora grow. Native bunch grasses on
mounds between vernal pools have been replaced by introduced European
grasses such as Bromus mollis (brome grass), Taeniatherum caput-medusae
(medusahead), Cynosurus echinatus (dogtail), and Poa bulbosa
(bluegrass). Taeniatherum caput-medusae competes with Lomatium cookii
and Limnanthes floccosa ssp. grandiflora on seasonally wet mounds
between the pools. Seeds of both the native taxa are not able to
germinate under the dense thatch produced by introduced annual species.
Competition with introduced plant species is exacerbated on the Denman
Wildlife Area, where game bird food plots are seeded with non-native
plant species. Brock (1987) supports the contention that the main cause
of the reduction of Lomatium cookii populations has been intensive
cattle grazing accompanied by the negative competitive effects of
introduced grasses, specifically Taeniatherum caput-medusae.
Mowing, burning, light grazing, or even raking of vernal pool
habitat after Lomatium cookii and Limnanthes floccosa ssp. grandiflora
seeds have matured, but before the fall growth period, may help reduce
plant cover from exotic annual plants (Brock 1987). In a small
experiment conducted on the Preserve, germination and seedling
survivorship of the rare plants was increased on plots that were raked,
as compared with untreated, or raked and scarified plots (D. Borgias,
pers. comm., 1998).
Catastrophic events, such as severe fire, could eliminate the large
areas of Lomatium cookii and Limnanthes floccosa ssp. grandiflora,
located on the Preserve (J. Kagan, pers. comm., 1998). Demographic
extinction is possible for nine other sites of Lomatium cookii, mostly
in the French Flat area, because of their small size (fewer than 100
plants). Many of the known French Flat sites are found directly
adjacent to roads, increasing the possibility of extirpation, due to
road and road right-of-way maintenance activities, human-caused
wildfire, and other activities or effects commonly associated with
roads.
Summary of Five Listing Factors
We have carefully assessed the best scientific and commercial
information available regarding the past, present, and future threats
faced by Lomatium cookii and Limnanthes floccosa ssp. grandiflora in
determining to publish this final rule. In the Agate Desert, these
species occupy an extremely restricted geographic range, with an
estimated 28 ha (69 ac) and 47 ha (116 ac) of known occupied habitat
for Lomatium cookii and Limnanthes floccosa ssp. grandiflora,
respectively. Lomatium cookii is found in an additional approximately
61 ha (150 ac) in the French Flat/Illinois Valley area. The majority of
the known sites are small in area and/or contain relatively few
individuals which makes them susceptible to extirpation. Individual
sites can have widely fluctuating plant numbers from year to year,
which is likely at least in part based upon annual weather variation.
Even with increased population numbers, their range is limited by
specific habitat requirements. Vernal pool habitats are a unique
feature in the Agate Desert and they likely cannot be recreated. Past
and on-going leveling and drainage activities in both the Agate Desert
and Illinois Valley have permanently changed the hydrology in many
instances such that restoration is not feasible. The majority of these
plants' remaining occupied habitat is threatened by commercial,
industrial, and residential development, road and utilities
construction and maintenance, including herbicide spraying, leveling
for agriculture or pasture, grazing or mowing at the inappropriate time
of year, competition with introduced plants, mining, ORV use, certain
timber sale activities, encroachment of trees and shrubs associated
with fire suppression, and random natural events. In view of the
limited, historically available habitat for these plants, the past and
present habitat alteration and destruction, and numerous threats cited
above, both plants are in danger of extinction throughout all or a
significant portion of their range, fitting the definition of
endangered under the Act. Based on this evaluation, listing Lomatium
cookii and Limnanthes floccosa ssp. grandiflora as endangered is
warranted.
Critical Habitat
Critical habitat is defined in section 3(5)(A) of the Act as--(i)
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 (I) essential to the conservation
of the species and (II) which may require special management
considerations or protection; and (ii) specific areas outside the
geographical area occupied by the species at the time it is listed in
accordance with the provisions of section 4 of the Act, upon a
determination by the Secretary that such areas are essential for the
conservation of the species. ``Conservation'' means the use of all
methods and procedures needed to bring the species to the point at
which listing under the Act is no longer necessary.
Critical habitat designation, by definition, affects Federal agency
actions including actions involving private lands, through consultation
under section 7(a)(2) of the Act. Section 7(a)(2) requires Federal
agencies to ensure that activities they authorize, fund, or carry out
are not likely to jeopardize the continued existence of a listed
species or destroy or adversely modify its critical habitat.
Section 4(a)(3) of the Act, as amended, and implementing
regulations (50 CFR 424.12) require that, to the maximum extent prudent
and determinable, we designate critical habitat at the time the species
is determined to be endangered or threatened. Our regulations (50 CFR
424.12(a)) further state that the designation of critical habitat is
not prudent when one or both of the following situations exist--(1) the
species is threatened by taking or other human activity, and
identification of critical habitat can be expected to increase the
degree of threat to the species, or (2) such designation of critical
habitat would not be beneficial to the species.
The Final Listing Priority Guidance for FY 1999/2000 (64 FR 57114)
states that the processing of critical habitat determinations (prudency
and determinability decisions) and proposed or final designations of
critical habitat will be funded separately from other section 4 listing
actions and will no longer be subject to prioritization under the
Listing Priority Guidance. Critical habitat determinations, which were
previously included in final listing rules published in the Federal
Register, may now be processed separately, in which case stand-alone
critical habitat determinations will be published as notices in the
Federal Register. We will undertake critical habitat designations as
funding and priorities allow. As explained in detail in the Listing
Priority Guidance, our listing budget is currently insufficient to
allow us to immediately complete all of the listing actions required by
the Act.
Recent Interior appropriations bills have included language
limiting the amount of funds that could be expended on listing actions
to only the amount specifically appropriated for that purpose. The
Fiscal Year 2002 appropriations bill also placed a cap on the amount
that could be spent on designation of critical habitat for already
listed species.
Lomatium cookii and Limnanthes floccosa ssp. grandiflora are
potentially
[[Page 68014]]
vulnerable to unrestricted over-collection, vandalism, or disturbance
due to their small number of known sites and mostly small populations.
We are concerned that these threats might be exacerbated by the
publication of critical habitat maps and further dissemination of
locational information. However, at this time we do not have specific
evidence of over-collection or intentional vandalism of these species.
The deferral of the critical habitat designation for these species
will allow us to concentrate our limited resources on higher priority
listing actions, while allowing us to put in place protections needed
for the conservation of Lomatium cookii and Limnanthes floccosa ssp.
grandiflora without further delay. This is consistent with section
4(b)(6)(C)(i) of the Act, which states that final listing decisions may
be issued without concurrent designation of critical habitat if it is
essential to the conservation of the species that such determinations
be promptly published. We will prepare a critical habitat determination
for this species in the future at such time as resources allow.
We plan to employ a priority system for deciding which outstanding
critical habitat designations should be addressed first. We will focus
our efforts on those designations that will provide the most
conservation benefit, taking into consideration the efficacy of
critical habitat designation in addressing the threats to the species
and the magnitude and immediacy of those threats. Currently, and for
the immediate future, most of the Service's listing budget must be
directed to complying with numerous court orders and settlement
agreements, as well as due and overdue final listing determinations.
Available Conservation Measures
Conservation measures provided to species listed as endangered or
threatened under the Endangered Species Act include recognition,
recovery actions, requirements for Federal protection, and prohibitions
against certain activities. Recognition through listing results in
public awareness and conservation actions by Federal, State, and local
agencies, private organizations, and individuals. The Act provides for
possible land acquisition and cooperation with the States and requires
that recovery plans be developed for all listed species. The protection
required of Federal agencies and the prohibitions against certain
activities involving listed plants are discussed below.
Section 7(a) of the Act, as amended, requires Federal agencies to
evaluate their actions with respect to any species that is proposed or
listed as endangered or threatened, and with respect to its critical
habitat if any is being designated. Regulations implementing this
interagency cooperation provision of the Act are codified at 50 CFR
part 402. Section 7(a)(2) of the Act requires Federal agencies to
confer with us on any action that is likely to jeopardize the continued
existence of a species proposed for listing, or result in destruction
or adverse modification of proposed critical habitat. If a species is
listed subsequently, 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 the species or
destroy or adversely modify its critical habitat. If a Federal action
may affect a listed species or its critical habitat, the responsible
Federal agency must enter into consultation with us.
Several Federal agencies are expected to have involvement under
section 7 of the Act regarding these species. BLM currently has about
15 sites containing Lomatium cookii on its property. The association of
Lomatium cookii and Limnanthes floccosa ssp. grandiflora with vernal
pools and/or areas of wet soil conditions can result in the Corps
becoming involved through its responsibilities and permitting authority
under section 404 of the Clean Water Act. The Federal Highway
Administration may be affected through potential funding of future
highway construction or maintenance affecting these species. The
Department of Housing and Urban Development may become involved through
the granting of loans for housing. The Federal Aviation Administration
may become involved through their oversight of the City of Medford
Airport. The Natural Resources Conservation Service and the Farm
Services Agency of the U.S. Department of Agriculture may become
involved through administering their programs and services directed
towards farming, ranching, and general land management.
Listing Lomatium cookii and Limnanthes floccosa ssp. grandiflora
provides for the development and implementation of recovery plans for
these species. Recovery plans bring together Federal, State, local
agency, and private efforts for conservation of the species. A recovery
plan establishes a framework for interested parties to coordinate their
recovery efforts. Recovery plans set recovery priorities, assign
responsibilities, and estimate the costs of the tasks necessary to
accomplish the priorities. They also describe the site specific
management actions necessary to achieve conservation and recovery of
the species. Additionally, pursuant to section 6 of the Act, we will be
able to grant funds to the state of Oregon for the management actions
promoting the protection and recovery of these species. Based on the
biology and current status of these species, attention should be given
to preservation of as many different sites as possible, and protecting
the sites from direct effects of habitat destruction or degradation and
the indirect effects of encroachment by invasive non-native species.
The Act and its implementing regulations set forth a series of
general prohibitions and exceptions that apply to all endangered
plants. All prohibitions of section 9(a)(2) of the Act, implemented by
50 CFR 17.61, apply. These prohibitions, in part, make it illegal for
any person subject to the jurisdiction of the United States to import
or export, transport in interstate or foreign commerce in the course of
a commercial activity, sell or offer for sale in interstate or foreign
commerce, or remove and reduce the species to possession from areas
under Federal jurisdiction. In addition, for plants listed as
endangered, the Act prohibits malicious damage or destruction on areas
under Federal jurisdiction and the removal, cutting, digging up, or
damaging or destroying of such plants in knowing violation of any State
law or regulation, including State criminal trespass law. Certain
exceptions to the prohibitions apply to our agents and State
conservation agencies.
The Act and 50 CFR 17.62 and 17.63 also provide for the issuance of
permits to carry out otherwise prohibited activities involving
endangered plants under certain circumstances. Such permits are
available for scientific purposes and to enhance the propagation or
survival of the species. We anticipate that few trade permits would
ever be sought or issued for Lomatium cookii because this plant is not
in cultivation or common in the wild. Since Limnanthes ssp. are being
cultivated to produce oil and there continues to be research into
developing strains suitable for wide-scale commercial propagation,
there may be a greater demand for permits to collect or cultivate
Limnanthes floccosa ssp. grandiflora.
It is our policy, published in the Federal Register on July 1, 1994
(59 FR 34272), to identify to the maximum extent practicable at the
time a species is listed those activities that would or would not
constitute a violation of section 9 of the Act. The intent of this
policy is to increase public awareness of the effect of this listing on
proposed and
[[Page 68015]]
ongoing activities within the species' range. Limnanthes floccosa ssp.
grandiflora is not presently known to occur on Federal land, although
two sites are known from the vicinity of Table Rock, near where BLM
manages some land. Lomatium cookii is known to occur on lands under the
jurisdiction of the BLM. Collection, damage, or destruction of
endangered plants on public lands is prohibited, although in
appropriate cases a Federal endangered species permit may be issued to
allow collection. Removal, cutting, digging up, damaging or destroying
endangered plants on non-Federal lands also constitutes a violation of
section 9 of the Act if conducted in knowing violation of State law or
regulations, including State criminal trespass law. We are not aware of
any otherwise lawful activities being conducted or proposed by the
public that will be affected by application the section 9 to this
listing.
Questions regarding whether specific activities will constitute a
violation of section 9 should be directed to the State Supervisor of
our Oregon Fish and Wildlife Office (see ADDRESSES). Requests for
copies of the regulations concerning listed plants and general
inquiries regarding prohibitions and issuance of permits under the Act
may be addressed to the U.S. Fish and Wildlife Service, Ecological
Services, Endangered Species Permits, 911 NE. 11th Avenue, Portland,
OR, 97232-4181 (telephone 503/231-2063; facsimile 503/231-6243).
National Environmental Policy Act
We have determined that Environmental Assessments and Environmental
Impact Statements, as defined under the authority of the National
Environmental Policy Act of 1969, need not be prepared in connection
with regulations adopted pursuant to section 4(a) of the Endangered
Species Act of 1973, as amended. We published a notice outlining our
reasons for this determination in the Federal Register on October 25,
1983 (48 FR 49244).
Paperwork Reduction Act
This rule does not contain any new collections of information that
require approval by Office of Management and Budget (OMB) under the
Paperwork Reduction Act (44 U.S.C. 3501 et seq.). This rule will not
impose record keeping 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. Information collections associated with endangered
species permits are covered by an existing OMB approval and are
assigned control number 1018-0093, which expires March 31, 2004.
Executive Order 13211
On May 18, 2001, the President issued an Executive Order on
regulations that significantly affect energy supply, distribution, and
use. Executive Order 13211 requires agencies to prepare Statements of
Energy Effects when undertaking certain actions. This rule 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.
References Cited
A complete list of all references cited herein is available upon
request from the State Supervisor, Oregon Fish and Wildlife Office (see
ADDRESSES).
Author(s)
The authors of this final rule are Richard Szlemp, Anne Walker, and
Judy Jacobs, U.S. Fish and Wildlife Service, Oregon Fish and Wildlife
Office (see ADDRESSES).
List of Subjects in 50 CFR Part 17
Endangered and threatened species, Exports, Imports, Reporting and
record keeping requirements, and Transportation.
Regulation Promulgation
Accordingly, we hereby amend part 17, subchapter B of chapter I,
title 50 of the Code of Federal Regulations, as set forth below:
PART 17--[AMENDED]
1. The authority citation for part 17 continues to read as follows:
Authority: 16 U.S.C. 1361-1407; 16 U.S.C. 1531-1544; 16 U.S.C.
4201-4245; Pub. L. 99-625, 100 Stat. 3500, unless otherwise noted.
2. Section 17.12(h) is amended by adding the following, in
alphabetical order under Flowering Plants, to 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 Critical Special rules
Scientific name Common name listed habitat
--------------------------------------------------------------------------------------------------------------------------------------------------------
Flowering Plants
* * * * * * *
Limnanthes floccosa ssp. large-flowered U.S.A. (OR)....... Limnanthaceae..... E 733 NA NA
grandiflora. woolly meadowfoam.
* * * * * * *
Lomatium cookii................ Cook's lomatium.... U.S.A. (OR)....... Apiaceae.......... E 733 NA NA
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Dated: October 30, 2002.
Steve Williams,
Director, Fish and Wildlife Service.
[FR Doc. 02-28237 Filed 11-6-02; 8:45 am]
BILLING CODE 4310-55-P
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