11172 Federal Register / Vol. 52, No. 66 / Tuesday, April 7, 1987 / Rules and Regulations

afforded by the Act for 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 ; Endangered Status for Drive, Jacksonville, 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 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 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 (), 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 all interested parties were requested to Florida. The sites on which scrub submit factual reports or information lupines are growing are prime property include ericoides (rosemary), that might contribute to the development [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, , 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. Service needs additional information detailed considerations published in the where a single large plant, seven feet in before proceeding with a proposal). The proposal. Nancy J. Bissett, a Winter diameter, was growing. the landowner 1985 updated version of the review Haven horticulturist, supported the actually divided a fence he was building [September 27.1985: 50 FR 395283 listing. and reported a new site for the in order to avoid destroying it included Lupinus aridorum as a species on State road 84, west of the (Wunderlin 1984). The scrub lupine is category 1 species (those candidate Avon Park Bombing Range in Polk only sporadically collected for scientific species for which the Service possesses County. purposes. 11174 Federal Register 1 Vol. 52, No. 66’/ Tuesday, April 7, 1987 / Rules and Regulations

C. Disease orpredation. Not Federal involvements are known at possession. Certain exceptions can applicable. present. Therefore, there would be no apply to agents or the Service and State D. The inadequacy of existing benefits to this species by a designation conservation agencies. The Act and 60 regulatory mechanisms. Lupinus of critical habitat. Because of these CFR 17.62 and 17.63 also provide for thr arkforum is listed as endangered under factors, the Service finds that a issuance of permits to carry out the Preservation of the Native Flora of designation of critical habitat for otherwise prohibited activities involving Florida Law (Section 581.185 of the Lupinus aridorum is no! prudent. endangered species under certain Florida Statutes). This Florida law circumstances; With respect to Lupinus rrgulates taking and the intrastate sale Available Conservation Measures aridorum, it is anticipated that few trade of plants, but it does not provide habitat Consemation measures provided to permits will ever be sought or issued protection. species listed as endangered or since the species is not known to be in E. Ofher notural or manmade factors threatened under the Endangered cultivation and is scarce in the wild. affecting ifs continued existence. The Species Act include recognition, Requests for copies of the regulations on scrub lupine is restricted in distribution recovery actions, requirements for plants and inquiries regarding them may and occurs in relatively small numbers Federal protection, and prohibitions be addressed to the Federal Wildlife (Idrgest site has fewer than 100 plants). against certain practices. Recognition Permit Office, U.S. Fish and Wildlife Such raritv increases the species’ through listing encourages and results in Service, Washington, DC 20240 (7031 vulncrabiiity to disturbance and natural conservation actions by Federal, State, 235-1903). disasters. and private agencies, groups, and The Service has carefully assessed the individuals. The Endangered Snecies National Environmental Policy Act bc:st scientific and commercial Act provides for possible land ’ The Fish and Wildlife Service has information available regarding the past, acquisition and cooperation with the determined that an Environmental present. and future threats faced by this Stutes and requires that recovery Assessment, as defined under the species in determining to mahe this rule actions be carried out for all listed authority of the National Environmental final. Based on this evaluation, the species. Such actions are initiated by the Policy Act of 1969. need not be prepared preferred action is to list &Gnus Service following listing. The protection in connection with regulations adopted aridarum as endangered. It occurs in required of Federal agencies and the pursuant to section 4(a) of the three small disjunct popu!ation centers prohibitions against taking are Endangered Species Act of 1973, as (Orlando area. Winter flaven area, and discussed, in part. below. amended. A notice outlining the Avon Park area], and is known from Section 7(a] of the Act, as amended, Service’s reasons for this determination only 16 sites. Ifuman population requires Federal agencies to evaluate was published in the Federal Register on pressures in all three areas are their actions with respect to any species October 25.1983 (48 FR 49244). increasing annually. Currently, all 10 that is proposed or listed as endangered kilown populations are on private I;inds or threatened and with respect to its References Cited and their continued existence is not critical habitat, if any is being Beckner. ].1982. tupinus or&rum 1.B. sxure. Critical habitat is not designated. Regulations implementing McFarlin ex Beckner (Fabaceae), a new &termined for the scrub lupine for this interagency cooperation provision species from central Florida. Phytologia reasons discussed in the “Critical of the Act are codified at 56 CFR Part 50:204-211. I l:lbitat” section below. 402. Section 7[a)(2] requires Federal Wunderlin, R.P. 1982. Guide to the vascular agencies to ensure that activities they plants of central Florida. University Critical Habitat Presses of Florida, 472 pp. authorize, fund, or carry out are not Wundarlin, R.P. 1984. Endangered and Section 4(a)(3) of the Act, as amended, likely to jeopardize the continued threatened plant status survey, Lupintrs rrsquires that to the maximum extent existence of such a species or to destroy arkforum McFarlin ex Beckner. prudent and determinable. the Secretary or adversely modify its critical habitat. Unpublished report prepared under ticmsignnte any habitat of a species which If a Federal action may affect a listed contract with U.S. Fish and Wildlife is considered to be critical habitat at the species or its critical habitat, the Service. time the species is determined to be responsible Federal agency must enter Author f,ndangcred or threatened. The Service into formal consultation with the finds tha! designation of critical habitat Service. Since all presently known sites The primary author of this final rule is is not prudent for Lupinus aridorum at for Lupinus aridorum are on privately John L. Paradiso, U.S. Fish and Wildlife t\:~s time. This species is a large plant owned land, there will be no effect from Service, Endangered Species Field V. hich bears attractive pink flowers. the above requirement unless a private Station, 2747 Art Museum Drive. l.!jere are indications that it might be a activity requires some Federal action, Jacksonville, Florida 32207 (904/792- desirable species for landscaping such as funding or issuance of permits. 2580 or FTS 946-2580). purposes. In addition. it occurs very Section 9 of the Act and its List of Subjects in 50 CFR Part 17 nrxar areas of high human concentration implementing regulations found at 50 whese it could readily be located and CFR 17.61, 17.62, and 17.63 set forth a Endangered and threatened wildlife. v;lndalized. The identification of the series of general trade prohibitions and Fish, Marine mammals, Plants precise sites where populations occur, exceptions that apply to all endangered (agriculture). through publication of critical habitat plants. These prohibitions, in part, make Regulations Promulgation dt?scriptions and maps in the Federal it illegal for any person subject to the Register, might increase the threats to jurisdiction of the United States to PART 17-fAMENDEDl the species. It would be difficult to import or export endangered plants, safeguard it from curiosity seekers or transport such in interstate or foreign Accordingly, Part 17, Subchapter B of 1 an&Is. In addition, critical habitat commerce in the course of a commercial Chapter I, Title 50 of the Code of Federal benefits apply only when Federal activity, sell or offer them for sale in Regulations, is amended as set forth activities and/or Federal lands are interstate or foreign commerce, or below: involved. The scrub lupine occurs oni) remove them from areas under Federal 1. The authority citation for Part 17 on privately owned lands where no jurisdiction and reduce them to continues to read as follows: Federal Register I Vol. 52. I\jo. 66 I Tuesday. April 7. 1987 I Rules and Regulations 11175

Authority: Pub. L. 93-205.67 Stat. 664: Pub 2. Amend $17.12(h] by addmg the 5 17.12 Endangered and threatened L.94-359.90 Sta1.911. Pub.L.95-632.92 Slat following. in alphabetical order under plants. 3751: Pub. 1..%-‘1%. 93 Stat. 1225: Pub. L. w- Fabaceae. to the List of Endangered and l ’ ’ ’ * 304.96 Slal.1411 (16 U.S.C. 1531 RI seq.). Threatened Plants: (h) ’ ’ ’

FAEIACEAE-PEA FAMILY * . Lupnus ardorum Scrub lupme USA (FL) E 264 NIA N’A . .

Uated: March 24.1987 Susan Recce, Acling .4ssrstanr Secretor), for Fish and IVildiifc clnd Parks. [FR Dot. ET-7652 Filed 4-6-83; ~45 am\ BILLING CODE 4310-55-Y