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Federal Register / Vol. 52, No. 66 / Tuesday, April 7, 1987 / Rules and Regulations

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Federal Register / Vol. 52, No. 66 / Tuesday, April 7, 1987 / Rules and Regulations 11172 Federal Register / Vol. 52, No. 66 / Tuesday, April 7, 1987 / Rules and Regulations afforded by the Act for Lupinus by Beckner, there have been no oridorum. alternative taxonomic treatments. DATES: The effective date of this rule is Lupinus aridorum is a biennial or May 7, 1987. short-lived perennial growing from a ADDRESSES: The complete file for this soft woody base: the stems are up to one rule is available for inspection, by meter (3 feet] tall. Its leaves are appointment, during normal business obovate-elliptic in shape, 4-7 hours at the Jacksonville Endangered centimeters (1.5-2.8 inches) long, and Z- 50 CFR Part 17 Species Field Station, U.S. Fish and 4 centimeters (9.8-1.5 inches] wide. The Wildlife Service. 2747 Art Museum ends of the leaves are rounded with Endangered and Threatened Wildlife sharp pointed tips and the bases are and Plants; Endangered Status for Drive, Jacksonville, Florida 32207. Lupinus Aridorum (Scrub Lupine) FOR FURTHER INFORMATtON CONTACT: rounded; the upper and lower surfaces Mr. David J. Wesley, Endangered are covered with silvery hairs. The AGENCY: Fish and Wildlife Service. Species Field Supervisor, at the above petioles are 2-4.5 centimeters (O&1.8 Interior. address, or telephone 994/791-2588 or inches) long: the stipules are very small. FTS/946-2580. The inflorescences are racemose with ACTtON:- Final rule. SUPPLEMENTARY tNFORMATIOK stalks 4-13 centimeters (1.5-5.2 inches) SUMMARY: The Service determines a long, and the flowering portion 4-15 plant in the pea family, Lupinus Backgmund centimeters (1.5-5.8 inches) long. The oridoram (scrub lupine], to be an Lupinus oridorum, a member of the petals are pale flesh-pink except for the enddngered species pursuant to the pea family (Fabaceae), was first standard, which has a black center Endangered Species Act of 1973 [Act), collected by Meislahn in 1900 in Orange surrounded by a maroon-red area. The as amended. This plant has been found County, Florida. It was not collected standard is about 1.5 centimeters (0.5 at onlv 16 sites in Orange and Polk again until McFarlin found it in Polk inch) long, the wing petals about 1.4 Counties. Florida; fewer than 350 County in 1928 and 1937. Renewed centimeters (0.5 inch) long, and the keel individual plants are known to exist. All efforts by Beckner in the early 1979’s. petals slightly shorter. The fruit is Z-2.5 sites are on privately owned propertv, and again in the early 1980’s by Beckner centimeters (0.8-1.0 inch] long, woody, and are highly desirable for residential and Wunderlin, greatly expanded and elliptic in shape, tapering to a sharp and commercial development. knowledge of the distribution of the apex. Populations have already suffered species in both Orange and Polk Lupinus oridorum is distinctive in the losses from home building, road Counties. Beckner recognized and field, being the only upright pink- construction. off-road vehicle use, and/ named the species as distinct in 1982. flowered lupine in Florida. It is further or land clearing for pastures and other Prior to that, the plants were variously distinguished from the only other pink- purposes. misidentified by workers as Lupinus flowered lupine, the prostrate Lupinus This rule will implement the Federal diffuusus and Lupinus westianus. Since villasus, by the lack of long, shaggy protection and recovery provisions the plant was described as a full species hairs on stems and leaves, and vestigial Federal Register 1 VoL 52, No. 66 / Tuesday, April 7, 1967 / Rules and Regulations 11173 - (rather than large and conspicuous) information indicating listing is Summary of Factors Affecting the stipules. It is most closely related to appropriate). Species Lupinus westiunus of the Fku+da Ali plant taxa included in the 1980 panhandle. but differs in flower color. review, 1983 supplement and 1985 After a thorough review and Lupinus we&anus having blue flowers. review, are treated as being under consideration of all information Lupinus aridorum is endemic to petition. Section A(b)@)(B) of the available. the Service has determined that Lupinus aridorum should be central Florida. It is known from Orange- Endangered Species Act, as amended in County, between the city of Orlando 1982, requires the Service to make classified as an endangered species. and Walt Disney World, and from Polk findings on pending petitions within 12 Procedures found at section 4(a)(l) of County. between Winter Haven and months of their receipt. On October 12, the Endangered Species Act (16 U.S.C. Auburndale. Recently N.J. Bissett, a 198% and again on October II, 1985, the 1531 et seq.) and regulations (50 CFR Winter Haven horticulturist. (pers. Service made its l&month finding that Part 424) promulgated to implement the comm. 1988) reported that there is also a listing of Lupinus oridorum was listing provisions of the Act were “fairly sparse population” visible from warranted, and that although proposal followed. A species may be determined State road 84, west of the Avon Park of other higher priority species had to be an endangered or threatened Bombing.Range in Polk County. The precluded its proposal, expeditious species due to one or more of the five scrub lupine is a sand pine scrub species progress was being made to add other factord described in section 4(a)(l). that grows primarily in well drained species to the list. Biological data, These factors and their application to sandy soils of the Lakewood or St. Lucie supplied by Wunderlin in 1984, fully Lupinus aridorum McFarlin ex Beckner series. The sands are white or supported a proposed rule listing (scrub lupine) are as follows: occasionally yellow where the turkey Lupinus aridorum as endangered, and A. Thepresent or threatened oak woods have invaded the sand pine on April 24,1986. the Service published destruction, modification, or curtailment scrub. The tree layer may be a mixture the proposed rule which constituted the of its habitat or range. Lupinus aridorum of Pinos clausa (sand pine), Pinus next 1%month finding for this species. is known from only 16 sites (Wunderlin elliotii (slash pine), and Quercus la&s Summary Qf Comments and 1984, Bissett 1986 pers. comm.). Ten of (turkey oak) [ Wunderlin 1982). The Recommendations these are in Orange County between the scrub layer is usually sparse which city of Orlando and Wait Disney World. many be the result of disturbance at In the April ~4.1%8. proposed rule (51 Orlando has been, and continues to be, many of the sites where the lupine FR 15514) and associated notifications, one of the most rapidly growing cities in occurs. The most frequent shrubs all interested parties were requested to Florida. The sites on which scrub submit factual reports or information lupines are growing are prime property include Ceratiola ericoides (rosemary), that might contribute to the development Quercus geminata [scrub live oak), for development. Six sites for Lupinus Lyania ferruginea (rusty lyonia), of a final rule. Appropriate State aridorum are in Polk County, near the Palafo.uia feayi. Ximenia americana agencies, county governments, Federal towns of Winter Haven. Auburndale, agencies. scientific organizations, and and Avon Park. These are also rapidly (tallowwood), and scattered Sabaf other interested parties were contacted palmetto (cabbage palm). The expanding communities whose growth herbaceous layer is dominated by and requested to comment. Newspaper threatens the continued existence of the notices that invited general public species. Aristida stricta (wiregrass) intermixed comment were published in the OrIando with Pityopsis graminifalia, Sentinel and the Winter Haven News Altogether, fewer than 350 plants of Helianthemum nashii, Rhynchospora Chief. The following six comments were Lupines aridorum are thought to exist, megalocarpa, Bonamia grandiflora, received concerning the proposal. most of which occur in habitats that PoI.vgonella myriophyllo, and Opuntia The Florida Deoartment of have already been highly modified, or humifusa [prickly-pear cactus]. In the Agricultural and bonsumer Services, are threatened by housing open areas, Selaginella arenicola (sand and the Bok Tower Gardens, Lake developments, road construction and spikemoss) is often common. All Wales, Florida, fully supported the maintenance, conversion to pastureland. currently known populations of Lupinus listing of Lupinus aridorum as and pedestrian, horse, and off-road aridorum are on privately owned land. endangered. The Florida Department of vehicular traffic. One site occurs on They are in danger of extirpation Environmental Regulation determined highway right-of-way lands: all other because they occur in two of the most that the proposed listing was consistent sites are privately owned and subject to rapidly growing areas of Florida. with the Florida Coastal Management development or modification by the On December 15,198O. the Service Program. The Florida State Clearing landowners at any time. published in the Federal Register (45 FR House, in compliance with Presidential B. Overutifzation for commercial. 82480) its Review of Plant Taxa for Executive Order #12372 and the recreational. scientific, or educational Listing as Endangered or Threatened. Governor’s Executive Order 85-150, purposes. Although the scrub lupine has On November 28.1983 (48 FR 536401, the noted that the action was in accord with not been in commercial trade, it is a Service published a supplement to this State plans. programs, procedures, and large and attractive plant when in bloom review. Lupinus aridorum, which had objectives. The International Union for and has the potential to be used as a not been named when the 1980 review Conservation of Nature and Natural decorative landscape addition. The was published, was listed in the 1983 Resources wrote that it had no attractive nature of the stub lupine, and supplement as a category 2 species additional data on the status of Lupinus its potential for landscaping use, is (those candidate species for which the aridorum, but appreciated receiving the emphasized by the fact that at one site.
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