Addition of Species to the Annexes of the Protocol Concerning Specially Protected Areas and Wildlife in the Wider Caribbean Region, 13006-13008 [2019-06416]

Download as PDF 13006 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 khammond on DSKBBV9HB2PROD with NOTICES DATES: VerDate Sep<11>2014 17:19 Apr 02, 2019 Jkt 247001 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: PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 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: E:\FR\FM\03APN1.SGM 03APN1 13007 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 http:// 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). khammond on DSKBBV9HB2PROD with NOTICES 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 VerDate Sep<11>2014 17:19 Apr 02, 2019 Jkt 247001 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 PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 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 http://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 E:\FR\FM\03APN1.SGM 03APN1 13008 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. khammond on DSKBBV9HB2PROD with NOTICES 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: VerDate Sep<11>2014 17:19 Apr 02, 2019 Jkt 247001 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 http:// 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 http://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 PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 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. E:\FR\FM\03APN1.SGM 03APN1

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 http://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 
http://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

[[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