Addition of Species to the Annexes of the Protocol Concerning Specially Protected Areas and Wildlife in the Wider Caribbean Region, 13006-13008 [2019-06416]
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Federal Register / Vol. 84, No. 64 / Wednesday, April 3, 2019 / Notices
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XG906
Marine Mammals; File No. 22479
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; receipt of application.
AGENCY:
Notice is hereby given that
Jose Pablo Vazquez-Medina, Ph.D.,
University of California Berkley,
Department of Integrative Biology, 3040
Valley Life Sciences Building, #3140,
Berkley, CA 94720, has applied in due
form for a permit to import specimens
of marine mammals for scientific
research.
SUMMARY:
Written, telefaxed, or email
comments must be received on or before
May 3, 2019.
ADDRESSES: The application and related
documents are available for review by
selecting ‘‘Records Open for Public
Comment’’ from the ‘‘Features’’ box on
the Applications and Permits for
Protected Species (APPS) home page,
https://apps.nmfs.noaa.gov, and then
selecting File No. 22479 from the list of
available applications.
These documents are also available
upon written request or by appointment
in the Permits and Conservation
Division, Office of Protected Resources,
NMFS, 1315 East-West Highway, Room
13705, Silver Spring, MD 20910; phone
(301) 427–8401; fax (301) 713–0376.
Written comments on this application
should be submitted to the Chief,
Permits and Conservation Division, at
the address listed above. Comments may
also be submitted by facsimile to (301)
713–0376, or by email to
NMFS.Pr1Comments@noaa.gov. Please
include the File No. in the subject line
of the email comment.
Those individuals requesting a public
hearing should submit a written request
to the Chief, Permits and Conservation
Division at the address listed above. The
request should set forth the specific
reasons why a hearing on this
application would be appropriate.
FOR FURTHER INFORMATION CONTACT:
Carrie Hubard or Shasta McClenahan,
(301) 427–8401.
SUPPLEMENTARY INFORMATION: The
subject permit is requested under the
authority of the Marine Mammal
Protection Act of 1972, as amended
(MMPA; 16 U.S.C. 1361 et seq.), the
regulations governing the taking and
importing of marine mammals (50 CFR
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DATES:
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part 216), the Endangered Species Act of
1973, as amended (ESA; 16 U.S.C. 1531
et seq.), the regulations governing the
taking, importing, and exporting of
endangered and threatened species (50
CFR parts 222–226), and the Fur Seal
Act of 1966, as amended (16 U.S.C. 1151
et seq.).
The applicant proposes to receive,
import, and export biological samples
from up to 200 pinnipeds (excluding
walrus) and 200 cetaceans annually.
The samples will be used to examine
the effects of stress hormones and
chemical pollutants on marine mammal
cellular and tissue functions. The
permit is requested for five years.
In compliance with the National
Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.), an initial
determination has been made that the
activity proposed is categorically
excluded from the requirement to
prepare an environmental assessment or
environmental impact statement.
Concurrent with the publication of
this notice in the Federal Register,
NMFS is forwarding copies of the
application to the Marine Mammal
Commission and its Committee of
Scientific Advisors.
Dated: March 29, 2019.
Amy Sloan,
Acting Chief, Permits and Conservation
Division, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. 2019–06465 Filed 4–2–19; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XG849
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 Panama City, Panama
in December 2018, two animal species
were nominated and recommended to
be added to the Annexes of the SPAW
Protocol. The Department of State and
NMFS solicit comment on the
SUMMARY:
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recommendations to add these two
species to the Annexes.
DATES: Comments must be received by
May 3, 2019.
ADDRESSES: You may submit comments
on the recommendations to add the two
species to the Annexes of the SPAW
Protocol, identified by NOAA–NMFS–
2019–0020, by either of the following
methods:
• Federal e-Rulemaking Portal: Go to
www.regulations.gov/
#!docketDetail;D=NOAA-NMFS-20190020. 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: Comments 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. Anonymous
comments will be accepted (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. 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
countries that are Parties to the SPAW
Protocol from throughout the Wider
Caribbean Region.
Participants at the December 2018
meeting of the STAC to the SPAW
Protocol included representatives from:
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Federal Register / Vol. 84, No. 64 / Wednesday, April 3, 2019 / Notices
Aruba, Barbados, Belize, Colombia,
Curacao, Dominican Republic, France,
Grenada, Guyana, Jamaica, the
Netherlands, Panama, Saint Lucia,
Trinidad and Tobago, the United States
of America, and Venezuela.
Representatives of several nongovernmental organizations also
attended as observers.
The U.S. delegation included
representatives from the U.S.
Department of State and NOAA’s
National Marine Fisheries Service
(NMFS) 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 https://
www.cep.unep.org/meetings/2018meetings/8th-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
Region. 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. 30ßN. 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 U.S. 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).
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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
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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.’’
Under Article 11(1), 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.’’
Also under Article 11(1), 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.’’
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; 16 U.S.C.
1531 et seq.); (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
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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 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 116
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 ESA or the Marine Mammal
Protection Act (16 U.S.C. 1361 et seq.);
(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
countries (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.
Annex III currently contains 43
species of plants and 42 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
included on each Annex can be found
at 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
FISH
Pristis pristis ..............
Largetooth sawfish.
ANNEX III
Species
Common name
Sharks
Charcharhinus
falciformis.
Silky shark.
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
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Federal Register / Vol. 84, No. 64 / Wednesday, April 3, 2019 / Notices
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 December 2018
meeting, the SPAW STAC reviewed the
species proposed by Parties for listing
under the SPAW Protocol and made
recommendations to the tenth SPAW
Conference of the Parties (COP10)
meeting, expected to be held in June
2019. 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
Both species recommended by the
STAC to be added to the Annexes at the
December 2018 meeting fall under the
jurisdiction of NMFS. One species of
fish, the largetooth sawfish (Pristis
pectinata), has been recommended to be
added to Annex II. The largetooth
sawfish is currently listed as
endangered under the ESA, and was
originally listed under the ESA in 2011.
The other species under NMFS’
jurisdiction, the silky shark
(Charcharhinus falciformis) has been
recommended to be added to Annex III.
Comments Solicited
The Department of State and NMFS
solicit comments and information that
will inform the United States’
consideration of the potential listing of
these species in the SPAW Annexes.
Dated: March 28, 2019.
Donna S. Wieting,
Director, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. 2019–06416 Filed 4–2–19; 8:45 am]
BILLING CODE 3510–22–P
COMMODITY FUTURES TRADING
COMMISSION
Agency Information Collection
Activities: Notice of Intent To Revise
Collection 3038–0052; Core Principles
and Other Requirements for
Designated Contract Markets
Commodity Futures Trading
Commission.
ACTION: Notice.
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AGENCY:
The Commodity Futures
Trading Commission (‘‘Commission’’) is
announcing an opportunity for public
comment on the proposed revision of a
collection of certain information by the
agency. Under the Paperwork Reduction
SUMMARY:
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Act (‘‘PRA’’), Federal agencies are
required to publish notice in the
Federal Register concerning each
proposed collection of information,
including proposed revision of an
existing collection of information, and
to allow 60 days for public comment.
This notice solicits comments on the
revision of estimates contained in
information collection requirements
related to the recent amendment of the
timing and scope of a report required to
be filed by self-regulatory organizations
(SROs) pursuant to Commission
Regulation 1.52.
DATES: Comments must be submitted on
or before June 3, 2019.
ADDRESSES: You may submit comments,
identified by ‘‘OMB Control No. 3038–
0052’’ by any of the following methods:
• The Agency’s website, at https://
comments.cftc.gov/. Follow the
instructions for submitting comments
through the website.
• Mail: Christopher Kirkpatrick,
Secretary of the Commission,
Commodity Futures Trading
Commission, Three Lafayette Centre,
1155 21st Street NW, Washington, DC
20581.
• Hand Delivery/Courier: Same as
Mail above.
Please submit your comments using
only one method. All comments must be
submitted in English, or if not,
accompanied by an English translation.
Comments will be posted as received to
https://www.cftc.gov.
FOR FURTHER INFORMATION CONTACT:
Joshua Beale, Associate Director,
Division of Swap Dealer and
Intermediary Oversight, Commodity
Futures Trading Commission, (202)
418–5447; email: jbeale@cftc.gov.
SUPPLEMENTARY INFORMATION: Under the
PRA, 44 U.S.C. 3501 et seq., Federal
agencies must obtain approval from the
Office of Management and Budget
(‘‘OMB’’) for each collection of
information they conduct or sponsor.
‘‘Collection of Information’’ is defined
in 44 U.S.C. 3502(3) and 5 CFR 1320.3
and includes agency requests or
requirements that members of the public
submit reports, keep records, or provide
information to a third party. Section
3506(c)(2)(A) of the PRA, 44 U.S.C.
3506(c)(2)(A), requires Federal agencies
to provide a 60-day notice in the
Federal Register concerning each
proposed collection of information,
including each proposed revision of an
existing collection of information,
before submitting the collection to OMB
for approval. To comply with this
requirement, the CFTC is publishing
notice for the amendment of the
collection listed below. An agency may
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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.
Title: Core Principles and Other
Requirements for Designated Contract
Markets (OMB Control No. 3038–0052).
This is a request for a revision of a
currently approved information
collection.
Abstract: The Commission has
recently amended its regulation 1.52 to
revise the scope and potential frequency
of a third-party expert’s evaluation of
SROs’ financial surveillance programs.
The evaluation report requirement is a
portion of the existing information
collection of requirements for SROs
under Commission regulation 1.52,
including Designated Contract Markets
and the National Futures Association.
The Commission’s rulemaking will not
alter the requirement for an SRO to
engage an examinations expert to
evaluate its supervisory program prior
to the initial use of the supervisory
program. The Commission, however, is
eliminating the requirement that the
examinations expert must review the
SRO’s ongoing application of its
supervisory program during periodic
reviews and the analysis of the
supervisory program’s design to detect
material weaknesses in internal controls
during both periodic reviews and the
initial review prior to the program’s
initial use. The Commission also is
revising the frequency of when an SRO
must engage an examinations expert.
Regulation 1.52 required an SRO to
engage an examinations expert at least
once every three years to perform such
a review. The Commission amended
Regulation 1.52 to require an SRO to
engage an examinations expert
whenever the Public Company
Accounting Oversight Board (‘‘PCAOB’’)
issues new or revised auditing standards
that are material to the SRO’s
examination of member FCMs. The
amendments further require an SRO to
engage an examinations expert at least
once every five years even if the SRO
determined that the PCAOB did not
issue new or revised auditing standards
during the previous five-year period that
are material to its examinations of
member FCMs. The changes to the
examinations expert reviews impact the
resulting expert reports information
collection burden. The information
collection is necessary to enhance the
ability of the Commission and the
designated self-regulatory organization
to identify problematic financial matters
in time to avoid market disruptions
when an FCM may fail, particularly
with respect to the tie-up of customer
funds that may result.
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]]>Agencies
[Federal Register Volume 84, Number 64 (Wednesday, April 3, 2019)]
[Notices]
[Pages 13006-13008]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-06416]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XG849
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 Panama
City, Panama in December 2018, two animal species were nominated and
recommended to be added to the Annexes of the SPAW Protocol. The
Department of State and NMFS solicit comment on the recommendations to
add these two species to the Annexes.
DATES: Comments must be received by May 3, 2019.
ADDRESSES: You may submit comments on the recommendations to add the
two species to the Annexes of the SPAW Protocol, identified by NOAA-
NMFS-2019-0020, by either of the following methods:
Federal e-Rulemaking Portal: Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2019-0020. 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: Comments 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. Anonymous comments will be
accepted (enter N/A in the required fields if you wish to remain
anonymous).
FOR FURTHER INFORMATION CONTACT: Chelsey Young, NOAA (301) 427-8491;
[email protected]. 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 countries that are
Parties to the SPAW Protocol from throughout the Wider Caribbean
Region.
Participants at the December 2018 meeting of the STAC to the SPAW
Protocol included representatives from:
[[Page 13007]]
Aruba, Barbados, Belize, Colombia, Curacao, Dominican Republic, France,
Grenada, Guyana, Jamaica, the Netherlands, Panama, Saint Lucia,
Trinidad and Tobago, the United States of America, and Venezuela.
Representatives of several non-governmental organizations also attended
as observers.
The U.S. delegation included representatives from the U.S.
Department of State and NOAA's National Marine Fisheries Service (NMFS)
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 https://www.cep.unep.org/meetings/2018-meetings/8th-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
Region. 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[ordm] 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 U.S.
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.''
Under Article 11(1), 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.''
Also under Article 11(1), 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.''
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; 16 U.S.C. 1531 et seq.); (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
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 116 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 ESA or the Marine
Mammal Protection Act (16 U.S.C. 1361 et seq.); (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
countries (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.
Annex III currently contains 43 species of plants and 42 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 included on each Annex can be found at
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
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Species Common name
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FISH
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Pristis pristis........................... Largetooth sawfish.
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Annex III
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Species Common name
------------------------------------------------------------------------
Sharks
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Charcharhinus falciformis................. Silky shark.
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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
[[Page 13008]]
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 December
2018 meeting, the SPAW STAC reviewed the species proposed by Parties
for listing under the SPAW Protocol and made recommendations to the
tenth SPAW Conference of the Parties (COP10) meeting, expected to be
held in June 2019. 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
Both species recommended by the STAC to be added to the Annexes at
the December 2018 meeting fall under the jurisdiction of NMFS. One
species of fish, the largetooth sawfish (Pristis pectinata), has been
recommended to be added to Annex II. The largetooth sawfish is
currently listed as endangered under the ESA, and was originally listed
under the ESA in 2011. The other species under NMFS' jurisdiction, the
silky shark (Charcharhinus falciformis) has been recommended to be
added to Annex III.
Comments Solicited
The Department of State and NMFS solicit comments and information
that will inform the United States' consideration of the potential
listing of these species in the SPAW Annexes.
Dated: March 28, 2019.
Donna S. Wieting,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2019-06416 Filed 4-2-19; 8:45 am]
BILLING CODE 3510-22-P
