Addition of Species to the Annexes of the Protocol Concerning Specially Protected Areas and Wildlife in the Wider Caribbean Region, 4303-4305 [2017-00541]
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Federal Register / Vol. 82, No. 9 / Friday, January 13, 2017 / Notices
asabaliauskas on DSK3SPTVN1PROD with NOTICES
Aquifer Storage and Recovery (ASR)
facilities.
The desalination facility would be
capable of producing 9.6 million gallons
per day (MGD) of potable water on a 46acre site located north of the City of
Marina on unincorporated Monterey
County property. The MPWSP proposes
ten subsurface slant wells (nine new
wells and conversion of an existing test
well) to draw seawater from beneath the
ocean floor in Monterey Bay to produce
the source water for the desalination
plant. The subsurface slant wells would
be located primarily within the City of
Marina, in the active mining area of the
CEMEX sand mining facility. The slant
wells would be approximately 700 to
1000 feet in length and extend beneath
the coastal dunes, sandy beach, and the
surf zone, terminating approximately
161 to 356 feet seaward of the Mean
High Water line and at a depth of 190
to 210 feet below the seafloor. Up to
24.1 mgd of source water would be
needed to produce 9.6 mgd of
desalinated product water.
Under the proposed project, the
desalination plant would generate
approximately 13.98 mgd of brine,
including 0.4 mgd of decanted
backwash water. The brine would be
discharged into Monterey Bay via a 36inch diameter pipeline to a new
connection with the existing Monterey
Regional Water Pollution Control
Agency’s (MRWPCA) outfall and
diffuser located offshore.
II. NOAA Proposed Action
NOAA is releasing for public
comment a draft EIR/EIS that was
prepared in accordance with: Section
102(2)(C) of the National Environmental
Policy Act (NEPA) of 1969, as amended;
and the White House Council on
Environmental Quality Regulations for
Implementing the Procedural Provisions
of NEPA (CEQ NEPA Regulations).
NOAA’s proposed action would be
whether to approve the installation of a
subsurface seawater intake system, the
discharge of brine into MBNMS via an
existing outfall pipe, and the continued
presence of pipelines in MBNMS to
transport seawater to a desalination
facility.
The Project was subject to a Draft
Environmental Impact Report (EIR),
under the provisions of the California
Environmental Quality Act (CEQA),
published by the California Public
Utilities Commission (CPUC) in April
2015. The NEPA environmental
documentation includes an
Environmental Impact Statement (EIS),
which is issued as a joint draft CEQA/
NEPA (EIR/EIS) document with the
CPUC.
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The EIR/EIS identifies and assesses
potential environmental impacts
associated with the proposed Project,
and identifies 6 alternatives, plus a no
action alternative. Federal agencies
would use the EIR/EIS to consider
related permits or other approvals for
the Project as proposed. NOAA’s
preferred alternative (Alternative 5a) is
the environmentally preferred
alternative. Alternative 5a would be
implemented in conjunction with the
Pure Water Monterey Groundwater
Replenishment Project (GWR), which
would offer the same amount of
freshwater as the proposed project but
result in a larger footprint than the
proposed action alone, yet the pairing of
Alternative 5a and the GWR project
would result in reduced operational
energy use and reduced GHG emissions
compared to the proposed project. In
addition, the combination of Alternative
5a and the GWR Project result in
reduced effects on groundwater levels
influenced by fewer slant wells and less
volume of pumping, and the GWR
project would provide water to the
Castroville Seawater Intrusion Project
that would benefit the groundwater
basin. Lastly, Alternative 5a paired with
the GWR project would be consistent
with the 2016 California Action Plan
seeking integrated water supply
solutions, the Governor’s drought
proclamations, the CPUC Water Action
Plan goal of promoting water
infrastructure investment, the California
Ocean Plan, and MBNMS Desalination
Guidelines.
III. Process
This NOA is published by NOAA, the
lead federal agency. NOAA, along with
the CPUC, as CEQA lead agency, have
determined that a joint CEQA/NEPA
document is appropriate, and the two
agencies have prepared a joint draft EIR/
EIS after completion of a federal scoping
process. In accordance with Section
102(2)(C) of NEPA, NOAA published a
Notice of Intent (NOI) to prepare an EIS
for the proposed project on August 26,
2015 (80 FR 51787). During the EIS
scoping meeting held on September 10,
2015, five participants commented
publically on the proposed project.
Twelve written comments were received
throughout the public comment period.
The complete written comments are
available for review at: https://www.
regulations.gov/docket?D=NOAA-NOS2015-0105.
IV. Federal Consultations
This notice also advises the public
that NOAA is coordinating its
consultation responsibilities under
section 7 of the Endangered Species Act,
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4303
Essential Fish Habitat under the
Magnuson Stevens Fishery Conservation
and Management Act, section 106 of the
National Historic Preservation Act, and
Federal Consistency review under the
Coastal Zone Management Act, along
with its ongoing NEPA process
including the use of NEPA documents
and public and stakeholder meetings to
also meet the requirements of other
federal laws.
NOAA is seeking public comment on
the DEIR/DEIS, which is available at
https://montereybay.noaa.gov or may be
obtained by contacting the individual
listed under the heading FOR FURTHER
INFORMATION CONTACT.
Authority: 16 U.S.C. 1431 et seq.
Dated: January 4, 2017.
John Armor,
Director for the Office of National Marine
Sanctuaries.
[FR Doc. 2017–00505 Filed 1–12–17; 8:45 am]
BILLING CODE 3510–NK–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XF129
Addition of Species to the Annexes of
the Protocol Concerning Specially
Protected Areas and Wildlife in the
Wider Caribbean Region
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; request for public
comments.
AGENCY:
During a meeting of the
Scientific and Technical Advisory
Committee (STAC) under the Protocol to
the Cartagena Convention on Specially
Protected Areas and Wildlife (SPAW
Protocol), held in Miami, Florida in
November 2016, twelve species of fauna
were nominated and recommended to
be added to the Annexes of the SPAW
Protocol. The Department of State, U.S.
Fish and Wildlife Service, and National
Marine Fisheries Service solicit
comment on the recommendations to
add these twelve species to the
Annexes.
SUMMARY:
Comments must be received by
February 13, 2017.
ADDRESSES: You may submit comments
on the recommendations to add the
twelve species to the Annexes of the
SPAW Protocol, by including NOAA–
NMFS–2016–0166, by either of the
following methods:
DATES:
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asabaliauskas on DSK3SPTVN1PROD with NOTICES
4304
Federal Register / Vol. 82, No. 9 / Friday, January 13, 2017 / Notices
• Federal e-Rulemaking Portal: Go to
www.regulations.gov/
#!docketDetail;D=NOAA-NMFS-20160166. Click the ‘‘Comment Now!’’ icon,
complete the required fields, and enter
or attach your comments.
• Mail: Submit written comments to
Addition of Species to the Annexes of
the SPAW Protocol, Office of Protected
Resources, National Marine Fisheries
Service, 1315 East-West Highway, Room
13535, Silver Spring, MD 20910.
Instructions: NMFS may not consider
comments if they are sent by any other
method, to any other address or
individual, or received after the end of
the comment period, may not be
considered. All comments received are
a part of the public record and will
generally be posted for public viewing
on www.regulations.gov without change.
All personal identifying information
(e.g., name, address, etc.), confidential
business information, or otherwise
sensitive information submitted
voluntarily by the sender will be
publicly accessible. NMFS will accept
anonymous comments (enter N/A in the
required fields if you wish to remain
anonymous).
FOR FURTHER INFORMATION CONTACT:
Chelsey Young, NOAA (301) 427–8491;
chelsey.young@noaa.gov; and Rosemarie
Gnam, U.S. Fish and Wildlife Service
(703) 358–1708; rosemarie_gnam@
fws.gov. Persons who use a
Telecommunications Device for the Deaf
(TDD) may call the Federal Information
Relay Service (FIRS) at 1–800–877–
8339, 24 hours a day, 7 days a week.
SUPPLEMENTARY INFORMATION: The
SPAW Protocol is a protocol to the
Convention for the Protection and
Development of the Marine
Environment of the Wider Caribbean
Region (Cartagena Convention or
Convention). There is also a protocol to
the Convention addressing land-based
sources of pollution and a protocol
addressing regional cooperation on oil
pollution preparedness and response.
The SPAW Protocol was adopted in
1990 and entered into force in 2000. The
United States ratified the SPAW
Protocol in 2003. There are currently 16
State Parties to the SPAW Protocol from
throughout the Wider Caribbean Region.
Participants at the November 2016
meeting of the STAC to the SPAW
Protocol included representatives from:
Antigua and Barbuda, Bahamas, Belize,
Colombia, Dominican Republic, France,
Grenada, Guyana, Jamaica, the
Netherlands, Saint Lucia, and the
United States of America.
Representatives of several nongovernmental organizations also
attended as observers.
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The U.S. delegation included
representatives from the U.S.
Department of State; the National
Oceanic and Atmospheric
Administration, National Marine
Fisheries Service and National Ocean
Service. Copies of the official
‘‘Recommendations of the Meeting,’’ a
full list of participants, and the text of
the Cartagena Convention and SPAW
Protocol can be obtained at
www.cep.unep.org/meetings/2016meetings/7th-spaw-stac.
Convention and Convention Area
The Cartagena Convention is a
regional agreement for the protection
and development of the marine
environment of the wider Caribbean.
The Convention was adopted in 1983
and entered into force in 1986. The
United States ratified the Convention in
1984. The Convention area includes the
marine environment of the Gulf of
Mexico, the Caribbean Sea and the
adjacent areas of the Atlantic Ocean
south of lat. 30° N. and within 200
nautical miles (nmi) of the Atlantic
coasts of the Parties. The United States’
responsibility within this Convention
area includes: U.S. waters off of Puerto
Rico, the Virgin Islands, and peninsular
Florida, including the Atlantic coast; the
waters off of a number of islands
including coastal barrier islands and the
Florida Keys; and the Gulf of Mexico
waters under U.S. jurisdiction. The
SPAW Protocol provides that each Party
may designate related terrestrial areas
over which they have sovereignty and
jurisdiction (including watersheds) to be
covered by the SPAW Protocol. The
United States has not designated any
terrestrial areas under the SPAW
Protocol and ‘‘does not intend to
designate a terrestrial area under the
Protocol unless requested to do so by an
interested state or territory . . .’’ (Senate
Executive Report 107–8).
The Annexes and U.S. Obligations
Under Each Annex
The SPAW Protocol includes three
Annexes. Plant species subject to the
highest levels of protection are listed in
Annex I, and animal species subject to
the highest levels of protection are listed
in Annex II. Plants and animals subject
to some management, but lesser
protections than those afforded to
species listed in Annexes I or II, are
listed in Annex III.
Annexes I (flora) and II (fauna) are to
include endangered and threatened
species, or subspecies, or their
populations as well as rare species. The
SPAW Protocol describes rare species as
those ‘‘that are rare because they are
usually localized within restricted
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Fmt 4703
Sfmt 4703
geographical areas or habitats or are
thinly scattered over a more extensive
range and which are potentially or
actually subject to decline and possible
endangerment or extinction.’’
For fauna listed in Annex II, Parties
‘‘shall ensure total protection and
recovery to the species . . . by
prohibiting: (i) The taking, possession or
killing (including, to the extent possible,
the incidental taking, possession or
killing) or commercial trade in such
species, their eggs, parts or products;
[and] (ii) to the extent possible, the
disturbance of such species, particularly
during periods of breeding, incubation,
estivation or migration, as well as other
periods of biological stress.’’
For Annex III species, the SPAW
Protocol states: ‘‘Each Party shall adopt
appropriate measures to ensure the
protection and recovery of the species of
flora and fauna listed in Annex III and
may regulate the use of such species in
order to ensure and maintain their
populations at the highest possible
levels.’’ Therefore, some regulated
harvest may be permitted for species on
Annex III. The protective provisions of
this Annex are not intended to be more
restrictive than the provisions of
Annexes I and II.
The United States ratified the SPAW
Protocol, including Annexes, subject to
certain reservations, including the
following with respect to Article 11(1):
‘‘The United States does not consider
itself bound by Article 11(1) of the
[SPAW] Protocol to the extent that
United States law permits the limited
taking of flora and fauna listed in
Annexes I and II [ ] which is incidental,
or [ ] for the purpose of public display,
scientific research, photography for
educational or commercial purposes, or
rescue and rehabilitation.’’
The United States has not designated
any terrestrial area under the SPAW
Protocol. As the United States explained
at the time the SPAW Protocol was
ratified, ‘‘The United States does not
plan to designate terrestrial area under
the Protocol since no state or territory
has identified a need or desire to
designate terrestrial area. . . .’’ (Senate
Treaty Document 103–5). In addition,
‘‘Several terrestrial species, e.g. bats
(Tadarida brasiliensis and Brachyphylla
cavernarum) and falcons (Falco
peregrinus), are listed in the Annexes.
The listing of these species, however, is
not intended to describe the relevant
terrestrial scope of the Protocol. As the
United States has not designated any
terrestrial area, the Protocol obligations
will not apply with respect to such
species.’’ Id.
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Federal Register / Vol. 82, No. 9 / Friday, January 13, 2017 / Notices
Summary of Annexes
ANNEX III
Annex I contains a total of 53 plant
species. All plant species on Annex I are
either: (1) Listed under the U.S.
Endangered Species Act (ESA); (2)
endemic to Florida and protected under
Florida law; (3) occur only on Federal
land and are fully protected where they
occur; (4) are not native to the United
States, and are listed in the Appendices
of the Convention on International
Trade in Endangered Species of Wild
Fauna and Flora (CITES) where
primarily commercial trade would be
prohibited; or (5) are not native to, nor
believed to be commercially imported
into the United States. 56 FR 12026,
12028 (March 21, 1991). There have
been no additions to Annex I since the
adoption of the SPAW Protocol.
Annex II currently contains 114
species and 3 groups of species,
including all sea turtles and all marine
mammals in the region. Most of these
animal species are either: (1) Listed
under the U.S. Endangered Species Act
or the Marine Mammal Protection Act;
(2) are not native to the United States
and are listed in Appendix I of CITES;
(3) are offered complete protection by
domestic legislation in all range States
(whereby the Lacey Act, among other
things, prohibits commercial trade in
specimens taken, possessed, transported
or sold in violation of foreign law); or
(4) are endemic to foreign countries and
are not commercially imported into the
United States. Six new species were
added to Annex II by the SPAW Parties
in December 2014. Id.
Annex III currently contains 43
species of plants and 32 species of
animals in addition to species of corals,
mangroves, and sea-grasses that occur in
the region.
Composition of the Annexes
The plant and animal species present
on each Annex can be found here:
https://www.car-spaw-rac.org/?Annexesof-the-SPAW-Protocol,83.
Species Recommended by SPAW STAC
To Be Added to the SPAW Protocol
Annexes
asabaliauskas on DSK3SPTVN1PROD with NOTICES
ANNEX II
Species
Common name
BIRDS
Passerina ciris .......
Painted bunting.
FISH
Pristis pectinata .....
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Smalltooth sawfish.
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Species
Common name
SNAILS
Liguus fasciatus .....
Florida tree snail.
SHARKS AND RAYS
Manta birostris,
Manta alfredi,
Manta sp. cf.
birostris.
Sphyrna lewini,
Sphyrna
mokarran,
Sphyrna zygaena.
Carcharhinus
longimanus.
Rhincodon typus .......
Epinephelus striatus ..
Manta rays.
Hammerheads.
Oceanic whitetip
shark.
Whale shark.
Nassau grouper.
Circumstances of SPAW STAC
Recommendations
Article 11(4) of the SPAW Protocol
details the requirements for amending
the Annexes and states, in part, that a
Party may submit a nomination of a
species for inclusion in or deletion from
the Annexes; that the Party shall submit
supporting documentation; and that the
SPAW STAC shall review the
nomination. At the November 2016
meeting in Miami, Florida, the SPAW
STAC reviewed the species proposed by
Parties for listing under the SPAW
Protocol and made recommendations to
the ninth SPAW Conference of the
Parties (COP9) meeting, expected to be
held in March 2017. The STAC
determined that the procedures for
nominating species and the supporting
documentation were satisfactory for
positive recommendations to the COP
regarding the species identified above.
Species Under the Jurisdiction of the
National Marine Fisheries Service
Ten of the twelve species that were
recommended by the STAC to be added
to the Annexes at the November 2016
meeting fall under the jurisdiction of the
National Marine Fisheries Service
(NMFS). The majority of the species
under NMFS’ jurisdiction have been
recommended to be added to Annex III
and include manta rays (Manta birostris,
M. alfredi, and M. c.f. birostris),
hammerhead sharks (Sphynra lewini, S.
mokarran, and S. zygaena), the oceanic
whitetip shark (Carcharhinus
longimanus), the whale shark
(Rhincodon typus), and the Nassau
grouper (Epinephelus striatus). The
Nassau grouper is listed as a threatened
species under the ESA. One species of
fish, the smalltooth sawfish (Pristis
pectinata), has been recommended to be
added to Annex II. The smalltooth
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4305
sawfish is currently listed as
endangered under the ESA, and was
originally listed under the ESA in 2003.
Species Under the Jurisdiction of the
U.S. Fish and Wildlife Service
Two of the twelve species that were
recommended by the STAC to be added
to the Annexes at the November 2016
Miami meeting fall under the
jurisdiction of the U.S. Fish and
Wildlife Service (FWS). One bird
species, the Painted bunting (Passerina
ciris) has been recommended to be
added to Annex II. One snail species,
the Florida tree snail (Liguus fasciatus),
has been recommended to be added to
Annex III.
Both the Painted bunting and the
Florida tree snail are terrestrial species.
As explained earlier in this Notice, the
United States has not designated any
terrestrial area under the SPAW
Protocol and the obligations under the
SPAW Protocol do not apply in the
United States with respect to terrestrial
species. Accordingly, no obligations
under the SPAW Protocol would apply
to these two terrestrial species if they
are added to the SPAW Annexes.
Comments Solicited
The Department of State, U.S. Fish
and Wildlife Service, and National
Marine Fisheries Service solicit
comments and information that will
inform the United States’ consideration
of the potential listing of these twelve
species in the SPAW Annexes.
Dated: January 9, 2017.
Donna S. Wieting,
Director, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. 2017–00541 Filed 1–12–17; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XF159
Mid-Atlantic Fishery Management
Council (MAFMC); Public Meetings
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of a public meeting.
AGENCY:
The Mid-Atlantic Fishery
Management Council (Council) will
hold public meetings of the Council and
its Committees.
DATES: The meeting will be held on
Tuesday, February 14 through
Thursday, February 16, 2017. For
SUMMARY:
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]]>Agencies
[Federal Register Volume 82, Number 9 (Friday, January 13, 2017)]
[Notices]
[Pages 4303-4305]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-00541]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XF129
Addition of Species to the Annexes of the Protocol Concerning
Specially Protected Areas and Wildlife in the Wider Caribbean Region
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; request for public comments.
-----------------------------------------------------------------------
SUMMARY: During a meeting of the Scientific and Technical Advisory
Committee (STAC) under the Protocol to the Cartagena Convention on
Specially Protected Areas and Wildlife (SPAW Protocol), held in Miami,
Florida in November 2016, twelve species of fauna were nominated and
recommended to be added to the Annexes of the SPAW Protocol. The
Department of State, U.S. Fish and Wildlife Service, and National
Marine Fisheries Service solicit comment on the recommendations to add
these twelve species to the Annexes.
DATES: Comments must be received by February 13, 2017.
ADDRESSES: You may submit comments on the recommendations to add the
twelve species to the Annexes of the SPAW Protocol, by including NOAA-
NMFS-2016-0166, by either of the following methods:
[[Page 4304]]
Federal e-Rulemaking Portal: Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2016-0166. Click the ``Comment Now!'' icon,
complete the required fields, and enter or attach your comments.
Mail: Submit written comments to Addition of Species to
the Annexes of the SPAW Protocol, Office of Protected Resources,
National Marine Fisheries Service, 1315 East-West Highway, Room 13535,
Silver Spring, MD 20910.
Instructions: NMFS may not consider comments if they are sent by
any other method, to any other address or individual, or received after
the end of the comment period, may not be considered. All comments
received are a part of the public record and will generally be posted
for public viewing on www.regulations.gov without change. All personal
identifying information (e.g., name, address, etc.), confidential
business information, or otherwise sensitive information submitted
voluntarily by the sender will be publicly accessible. NMFS will accept
anonymous comments (enter N/A in the required fields if you wish to
remain anonymous).
FOR FURTHER INFORMATION CONTACT: Chelsey Young, NOAA (301) 427-8491;
chelsey.young@noaa.gov; and Rosemarie Gnam, U.S. Fish and Wildlife
Service (703) 358-1708; rosemarie_gnam@fws.gov. Persons who use a
Telecommunications Device for the Deaf (TDD) may call the Federal
Information Relay Service (FIRS) at 1-800-877-8339, 24 hours a day, 7
days a week.
SUPPLEMENTARY INFORMATION: The SPAW Protocol is a protocol to the
Convention for the Protection and Development of the Marine Environment
of the Wider Caribbean Region (Cartagena Convention or Convention).
There is also a protocol to the Convention addressing land-based
sources of pollution and a protocol addressing regional cooperation on
oil pollution preparedness and response. The SPAW Protocol was adopted
in 1990 and entered into force in 2000. The United States ratified the
SPAW Protocol in 2003. There are currently 16 State Parties to the SPAW
Protocol from throughout the Wider Caribbean Region.
Participants at the November 2016 meeting of the STAC to the SPAW
Protocol included representatives from: Antigua and Barbuda, Bahamas,
Belize, Colombia, Dominican Republic, France, Grenada, Guyana, Jamaica,
the Netherlands, Saint Lucia, and the United States of America.
Representatives of several non-governmental organizations also attended
as observers.
The U.S. delegation included representatives from the U.S.
Department of State; the National Oceanic and Atmospheric
Administration, National Marine Fisheries Service and National Ocean
Service. Copies of the official ``Recommendations of the Meeting,'' a
full list of participants, and the text of the Cartagena Convention and
SPAW Protocol can be obtained at www.cep.unep.org/meetings/2016-meetings/7th-spaw-stac.
Convention and Convention Area
The Cartagena Convention is a regional agreement for the protection
and development of the marine environment of the wider Caribbean. The
Convention was adopted in 1983 and entered into force in 1986. The
United States ratified the Convention in 1984. The Convention area
includes the marine environment of the Gulf of Mexico, the Caribbean
Sea and the adjacent areas of the Atlantic Ocean south of lat. 30[deg]
N. and within 200 nautical miles (nmi) of the Atlantic coasts of the
Parties. The United States' responsibility within this Convention area
includes: U.S. waters off of Puerto Rico, the Virgin Islands, and
peninsular Florida, including the Atlantic coast; the waters off of a
number of islands including coastal barrier islands and the Florida
Keys; and the Gulf of Mexico waters under U.S. jurisdiction. The SPAW
Protocol provides that each Party may designate related terrestrial
areas over which they have sovereignty and jurisdiction (including
watersheds) to be covered by the SPAW Protocol. The United States has
not designated any terrestrial areas under the SPAW Protocol and ``does
not intend to designate a terrestrial area under the Protocol unless
requested to do so by an interested state or territory . . .'' (Senate
Executive Report 107-8).
The Annexes and U.S. Obligations Under Each Annex
The SPAW Protocol includes three Annexes. Plant species subject to
the highest levels of protection are listed in Annex I, and animal
species subject to the highest levels of protection are listed in Annex
II. Plants and animals subject to some management, but lesser
protections than those afforded to species listed in Annexes I or II,
are listed in Annex III.
Annexes I (flora) and II (fauna) are to include endangered and
threatened species, or subspecies, or their populations as well as rare
species. The SPAW Protocol describes rare species as those ``that are
rare because they are usually localized within restricted geographical
areas or habitats or are thinly scattered over a more extensive range
and which are potentially or actually subject to decline and possible
endangerment or extinction.''
For fauna listed in Annex II, Parties ``shall ensure total
protection and recovery to the species . . . by prohibiting: (i) The
taking, possession or killing (including, to the extent possible, the
incidental taking, possession or killing) or commercial trade in such
species, their eggs, parts or products; [and] (ii) to the extent
possible, the disturbance of such species, particularly during periods
of breeding, incubation, estivation or migration, as well as other
periods of biological stress.''
For Annex III species, the SPAW Protocol states: ``Each Party shall
adopt appropriate measures to ensure the protection and recovery of the
species of flora and fauna listed in Annex III and may regulate the use
of such species in order to ensure and maintain their populations at
the highest possible levels.'' Therefore, some regulated harvest may be
permitted for species on Annex III. The protective provisions of this
Annex are not intended to be more restrictive than the provisions of
Annexes I and II.
The United States ratified the SPAW Protocol, including Annexes,
subject to certain reservations, including the following with respect
to Article 11(1): ``The United States does not consider itself bound by
Article 11(1) of the [SPAW] Protocol to the extent that United States
law permits the limited taking of flora and fauna listed in Annexes I
and II [ ] which is incidental, or [ ] for the purpose of public
display, scientific research, photography for educational or commercial
purposes, or rescue and rehabilitation.''
The United States has not designated any terrestrial area under the
SPAW Protocol. As the United States explained at the time the SPAW
Protocol was ratified, ``The United States does not plan to designate
terrestrial area under the Protocol since no state or territory has
identified a need or desire to designate terrestrial area. . . .''
(Senate Treaty Document 103-5). In addition, ``Several terrestrial
species, e.g. bats (Tadarida brasiliensis and Brachyphylla cavernarum)
and falcons (Falco peregrinus), are listed in the Annexes. The listing
of these species, however, is not intended to describe the relevant
terrestrial scope of the Protocol. As the United States has not
designated any terrestrial area, the Protocol obligations will not
apply with respect to such species.'' Id.
[[Page 4305]]
Summary of Annexes
Annex I contains a total of 53 plant species. All plant species on
Annex I are either: (1) Listed under the U.S. Endangered Species Act
(ESA); (2) endemic to Florida and protected under Florida law; (3)
occur only on Federal land and are fully protected where they occur;
(4) are not native to the United States, and are listed in the
Appendices of the Convention on International Trade in Endangered
Species of Wild Fauna and Flora (CITES) where primarily commercial
trade would be prohibited; or (5) are not native to, nor believed to be
commercially imported into the United States. 56 FR 12026, 12028 (March
21, 1991). There have been no additions to Annex I since the adoption
of the SPAW Protocol.
Annex II currently contains 114 species and 3 groups of species,
including all sea turtles and all marine mammals in the region. Most of
these animal species are either: (1) Listed under the U.S. Endangered
Species Act or the Marine Mammal Protection Act; (2) are not native to
the United States and are listed in Appendix I of CITES; (3) are
offered complete protection by domestic legislation in all range States
(whereby the Lacey Act, among other things, prohibits commercial trade
in specimens taken, possessed, transported or sold in violation of
foreign law); or (4) are endemic to foreign countries and are not
commercially imported into the United States. Six new species were
added to Annex II by the SPAW Parties in December 2014. Id.
Annex III currently contains 43 species of plants and 32 species of
animals in addition to species of corals, mangroves, and sea-grasses
that occur in the region.
Composition of the Annexes
The plant and animal species present on each Annex can be found
here: https://www.car-spaw-rac.org/?Annexes-of-the-SPAW-Protocol,83.
Species Recommended by SPAW STAC To Be Added to the SPAW Protocol
Annexes
Annex II
------------------------------------------------------------------------
Species Common name
------------------------------------------------------------------------
BIRDS
------------------------------------------------------------------------
Passerina ciris......................... Painted bunting.
------------------------------------------------------------------------
FISH
------------------------------------------------------------------------
Pristis pectinata....................... Smalltooth sawfish.
------------------------------------------------------------------------
Annex III
------------------------------------------------------------------------
Species Common name
------------------------------------------------------------------------
SNAILS
------------------------------------------------------------------------
Liguus fasciatus........................ Florida tree snail.
------------------------------------------------------------------------
SHARKS AND RAYS
------------------------------------------------------------------------
Manta birostris, Manta alfredi, Manta Manta rays.
sp. cf. birostris.
Sphyrna lewini, Sphyrna mokarran, Hammerheads.
Sphyrna zygaena.
Carcharhinus longimanus................... Oceanic whitetip shark.
Rhincodon typus........................... Whale shark.
Epinephelus striatus...................... Nassau grouper.
------------------------------------------------------------------------
Circumstances of SPAW STAC Recommendations
Article 11(4) of the SPAW Protocol details the requirements for
amending the Annexes and states, in part, that a Party may submit a
nomination of a species for inclusion in or deletion from the Annexes;
that the Party shall submit supporting documentation; and that the SPAW
STAC shall review the nomination. At the November 2016 meeting in
Miami, Florida, the SPAW STAC reviewed the species proposed by Parties
for listing under the SPAW Protocol and made recommendations to the
ninth SPAW Conference of the Parties (COP9) meeting, expected to be
held in March 2017. The STAC determined that the procedures for
nominating species and the supporting documentation were satisfactory
for positive recommendations to the COP regarding the species
identified above.
Species Under the Jurisdiction of the National Marine Fisheries Service
Ten of the twelve species that were recommended by the STAC to be
added to the Annexes at the November 2016 meeting fall under the
jurisdiction of the National Marine Fisheries Service (NMFS). The
majority of the species under NMFS' jurisdiction have been recommended
to be added to Annex III and include manta rays (Manta birostris, M.
alfredi, and M. c.f. birostris), hammerhead sharks (Sphynra lewini, S.
mokarran, and S. zygaena), the oceanic whitetip shark (Carcharhinus
longimanus), the whale shark (Rhincodon typus), and the Nassau grouper
(Epinephelus striatus). The Nassau grouper is listed as a threatened
species under the ESA. One species of fish, the smalltooth sawfish
(Pristis pectinata), has been recommended to be added to Annex II. The
smalltooth sawfish is currently listed as endangered under the ESA, and
was originally listed under the ESA in 2003.
Species Under the Jurisdiction of the U.S. Fish and Wildlife Service
Two of the twelve species that were recommended by the STAC to be
added to the Annexes at the November 2016 Miami meeting fall under the
jurisdiction of the U.S. Fish and Wildlife Service (FWS). One bird
species, the Painted bunting (Passerina ciris) has been recommended to
be added to Annex II. One snail species, the Florida tree snail (Liguus
fasciatus), has been recommended to be added to Annex III.
Both the Painted bunting and the Florida tree snail are terrestrial
species. As explained earlier in this Notice, the United States has not
designated any terrestrial area under the SPAW Protocol and the
obligations under the SPAW Protocol do not apply in the United States
with respect to terrestrial species. Accordingly, no obligations under
the SPAW Protocol would apply to these two terrestrial species if they
are added to the SPAW Annexes.
Comments Solicited
The Department of State, U.S. Fish and Wildlife Service, and
National Marine Fisheries Service solicit comments and information that
will inform the United States' consideration of the potential listing
of these twelve species in the SPAW Annexes.
Dated: January 9, 2017.
Donna S. Wieting,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2017-00541 Filed 1-12-17; 8:45 am]
BILLING CODE 3510-22-P
