Addition of Species to the Annexes of the Protocol Concerning Specially Protected Areas and Wildlife in the Wider Caribbean Region, 9489-9491 [2023-03048]

Download as PDF Federal Register / Vol. 88, No. 30 / Tuesday, February 14, 2023 / Notices and may be submitted electronically by email to Barbara Cuthill at the contact information indicated in the FOR FURTHER INFORMATION CONTACT section of this notice by 5 p.m. on the Tuesday prior to each meeting for distribution to members prior to the meeting. Each IoT Advisory Board meeting agenda will include a period, not to exceed sixty minutes, for submitted comments from the public to be presented. Submitted comments from the public will be selected on a firstcome, first-served basis and limited to five minutes per person for oral presentation if requested by the commenter. For the April meeting, the commenter needs to specify if they plan to be in-person at the meeting or want to provide their comments virtually. Both options will be available in April. Members of the public who wish to expand upon their submitted statements, those who had wished to submit a comment but could not be accommodated on the agenda, and those who were unable to attend the meeting via webinar are invited to submit written statements. In addition, written statements are invited and may be submitted to the IoT Advisory Board at any time. All written statements should be directed to the IoT Advisory Board Secretariat, Information Technology Laboratory by email to: Barbara.Cuthill@nist.gov. Admittance Instructions: Participants planning to attend via webinar must register via the instructions found on the IoT Advisory Board’s page https:// www.nist.gov/itl/applied-cybersecurity/ nist-cybersecurity-iot-program/internetthings-advisory-board. For attendance in person at the hybrid meeting in April, in-person attendance is limited to 50 and will be on a firstcome, first-served basis. Registration will close for in-person attendance on April 11, 2023 at 5:00 p.m. EST. Alicia Chambers, NIST Executive Secretariat. [FR Doc. 2023–03039 Filed 2–13–23; 8:45 am] BILLING CODE 3510–13–P DEPARTMENT OF COMMERCE ddrumheller on DSK120RN23PROD with NOTICES National Institute of Standards and Technology ANSI/NIST–ITL Standards Update Workshop: Data Format for the Interchange of Fingerprint, Facial & Other Biometric Information National Institute of Standards and Technology, Department of Commerce. AGENCY: VerDate Sep<11>2014 20:12 Feb 13, 2023 Jkt 259001 ACTION: Notice of open meeting. The National Institute of Standards and Technology (NIST) is hosting a public workshop to inform an update of the ANSI/NIST–ITL standard, ‘‘Data Format for the Interchange of Fingerprint, Facial & Other Biometric Information.’’ This event will be completely virtual and occur February 21–23, 2023, from 9:00 a.m.–4:00 p.m. Eastern Standard Time. The purpose of this workshop is to solicit recommendations to identify and pursue updates needed to the abovereferenced standard. DATES: The workshop will take place February 21–23, 2023 from 9:00 a.m.– 4:00 p.m. Eastern Standard Time. Subject Matter Expert (SME) working group meetings will occur on February 22–23, 2023. ADDRESSES: This meeting will be held virtually, and additional participation information and logistics will be provided once registration is completed. FOR FURTHER INFORMATION CONTACT: Diane Stephens at diane.stephens@ nist.gov or (301) 975–4493 or at biometrics-editor@nist.gov. SUPPLEMENTARY INFORMATION: Law enforcement and related criminal justice agencies, as well as identity management organizations, procure equipment and systems intended to facilitate the determination of the personal identity of a subject or verify the identity of a subject using biometric information. To effectively exchange identity data across jurisdictional lines or between dissimilar systems made by different manufacturers, a standard is needed to specify a common format for the data exchange. Biometric data refers to a digital or analog representation of a behavioral or physical characteristic of an individual that can be used by an automated system to distinguish an individual as belonging to a subgroup of the entire population or, in many cases, can be used to uniquely establish or verify the identity of a person (compared to a claimed or referenced identity). Biometric modalities specifically included in this standard are: fingerprints, plantars (footprints), palm prints, facial images, DNA and iris images. Identifying characteristics that may be used manually to establish or verify the identity of an individual are included in the standard. These identifying characteristics include scars, (needle) marks, tattoos, and certain characteristics of facial photos, iris images and images of other body parts. Latent friction ridge prints (fingerprint, palm print and plantars) are included in SUMMARY: PO 00000 Frm 00064 Fmt 4703 Sfmt 4703 9489 this standard and may be used in either an automated system or forensically (or both). NIST’s Information Technology Laboratory (ITL) led the development of this American National Standards Institute (ANSI) approved American National Standard using the NIST Canvass Method to demonstrate evidence of consensus. NIST, as the Editor of the ANSI/NIST–ITL Standard, is soliciting recommendations and/or presentations to highlight specific updates the community of interest may want included in the next update of this document. Hence, NIST is hosting a public workshop to update the ANSI/ NIST–ITL 1–2001 Update: 2015 standard, ‘‘Data Format for the Interchange of Fingerprint, Facial & Other Biometric Information’’ (NIST Special Publication 500–290 Edition 3 (2015)). This event will be completely virtual and occur February 21–23, 2023, from 9:00 a.m.–4:00 p.m. Eastern Standard Time. Federal, industry, and academic stakeholders and interested parties who wish to participate in this workshop should please use this link to register: https://www.nist.gov/newsevents/events/2023/02/ansi-nist-itlstandards-update-workshop. Alicia Chambers, NIST Executive Secretariat. [FR Doc. 2023–03110 Filed 2–13–23; 8:45 am] BILLING CODE 3510–13–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [RTID 0648–XC759] 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 virtually on January 30– February 1, 2023, 24 animal species were nominated to be added to the Annexes of the SPAW Protocol. The Department of State and National Marine Fisheries Service (NMFS) solicit SUMMARY: E:\FR\FM\14FEN1.SGM 14FEN1 ddrumheller on DSK120RN23PROD with NOTICES 9490 Federal Register / Vol. 88, No. 30 / Tuesday, February 14, 2023 / Notices comment on the nominations to add these species to the Annexes. DATES: Comments must be received by March 16, 2023. ADDRESSES: You may submit comments on the recommendations to add the 24 species to the Annexes of the SPAW Protocol, identified by NOAA–NMFS– 2023–0017, by the following method: • Electronic Submissions: Submit all electronic comments via the Federal eRulemaking Portal. Go to https:// www.regulations.gov and enter NOAA– NMFS–2023–0017 in the Search box. Click on the ‘‘Comment’’ icon, complete the required fields, and enter or attach your comments. 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: Kristen Koyama, (301) 427–8456; kristen.koyama@noaa.gov. 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 18 countries that are Parties to the SPAW Protocol from throughout the Wider Caribbean Region. Participants at the January 2023 meeting of the STAC to the SPAW Protocol included representatives from: Barbados, Belize, Colombia, Dominican Republic, France, Guyana, Honduras, the Netherlands, Nicaragua, 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. VerDate Sep<11>2014 20:12 Feb 13, 2023 Jkt 259001 Department of State and NOAA’s National Marine Fisheries Service (NMFS) and National Ocean Service. Additional information and meeting documents can be obtained at https:// www.unep.org/cep/events/scientificand-technical-advisory-committeemeetings-stacs/spaw-stac10. 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 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.’’ PO 00000 Frm 00065 Fmt 4703 Sfmt 4703 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.’’ 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. 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. E:\FR\FM\14FEN1.SGM 14FEN1 Federal Register / Vol. 88, No. 30 / Tuesday, February 14, 2023 / Notices 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 117 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. The most recent addition to Annex II by the SPAW Parties was in June 2019. 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 here: https://www.car-spaw-rac.org/ ?The-SPAW-Protocol-769. Species Nominated To Be Added to the SPAW Protocol Annexes ANNEX II Species Common name ddrumheller on DSK120RN23PROD with NOTICES SHARKS Carcharhinus longimanus Rhincodon typus ............. Sphyrna lewini ................ Sphyrna mokarran .......... Sphyrna zygaena ............ Oceanic whitetip shark. Whale shark. Scalloped hammerhead shark. Great hammerhead shark. Smooth hammerhead shark. RAYS Manta birostris ................ VerDate Sep<11>2014 Giant manta ray. 20:12 Feb 13, 2023 Jkt 259001 ANNEX II—Continued Species Common name REPTILES Iguana delicatissima ....... Lesser Antillean iguana. ANNEX III Species Common name FISH Scaridae spp. (16 species). Parrotfish (16 species). SHARKS Carcharhinus perezi ....... Caribbean reef shark. Circumstances of SPAW Species Nominations 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 January 2023 meeting, the SPAW STAC reviewed the species proposed by Parties for listing under the SPAW Protocol and made recommendations to the twelfth SPAW Conference of the Parties (COP12) meeting, expected to be held in April 2023. The STAC recommended that the oceanic whitetip shark and the Lesser Antillean iguana be uplisted from Annex III to Annex II, and that parrotfish (Scaridae spp.) and the Caribbean reef shark be added to Annex III. The STAC did not provide a consensus recommendation on the proposals to uplist the whale shark, giant manta ray, and three species of hammerhead sharks from Annex III to Annex II. The STAC referred these nominations to SPAW COP12, which will take a final decision on all species nominations at its meeting in April 2023. Species Under the Jurisdiction of the National Marine Fisheries Service Six species nominated to be added to Annex II at the January 2023 meeting fall under the jurisdiction of NMFS: the oceanic whitetip shark (Carcharhinus longimanus), giant manta ray (Manta birostris), whale shark (Rhincodon typus), scalloped hammerhead shark (Sphyrna lewini), great hammerhead shark (S. mokarran), and smooth hammerhead shark (S. zygaena). All six of these species are currently listed in Annex III of the SPAW Protocol. The oceanic whitetip shark, giant manta ray, and four distinct population segments of PO 00000 Frm 00066 Fmt 4703 Sfmt 4703 9491 the scalloped hammerhead shark are currently listed under the U.S. Endangered Species Act. All species nominated to be added to Annex III fall under the jurisdiction of NMFS, including all parrotfish (Scaridae) and the Caribbean reef shark (Carcharhinus perezi). Species Under the Jurisdiction of the U.S. Fish and Wildlife Service The Lesser Antillean iguana (Iguana delicatissima), which the STAC recommended to be uplisted from Annex III to Annex II at the January 2023 meeting, falls under the jurisdiction of the U.S. Fish and Wildlife Service. The Lesser Antillean iguana is a 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 this species if it is added to SPAW Annex II. 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: February 8, 2023. Kimberly Damon-Randall, Director, Office of Protected Resources, National Marine Fisheries Service. [FR Doc. 2023–03048 Filed 2–13–23; 8:45 am] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [RTID 0648–XC764] North Pacific Fishery Management Council; Public Meeting National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of hybrid meeting. AGENCY: The North Pacific Fishery Management Council (Council) Bering Sea Fishery Ecosystem Plan Climate Change Taskforce (BSFEP CC) will meet March 1, 2023 through March 2, 2023. DATES: The meeting will be held on Wednesday, March 1, 2023, from 9 a.m. to 5 p.m. and on Thursday, March 2, 2023, from 9 a.m. to 12 p.m. Pacific Time. SUMMARY: E:\FR\FM\14FEN1.SGM 14FEN1

Agencies

[Federal Register Volume 88, Number 30 (Tuesday, February 14, 2023)]
[Notices]
[Pages 9489-9491]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-03048]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XC759]


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 virtually 
on January 30-February 1, 2023, 24 animal species were nominated to be 
added to the Annexes of the SPAW Protocol. The Department of State and 
National Marine Fisheries Service (NMFS) solicit

[[Page 9490]]

comment on the nominations to add these species to the Annexes.

DATES: Comments must be received by March 16, 2023.

ADDRESSES: You may submit comments on the recommendations to add the 24 
species to the Annexes of the SPAW Protocol, identified by NOAA-NMFS-
2023-0017, by the following method:
     Electronic Submissions: Submit all electronic comments via 
the Federal eRulemaking Portal. Go to https://www.regulations.gov and 
enter NOAA-NMFS-2023-0017 in the Search box. Click on the ``Comment'' 
icon, complete the required fields, and enter or attach your comments.
    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: Kristen Koyama, (301) 427-8456; 
[email protected].

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 18 countries that are 
Parties to the SPAW Protocol from throughout the Wider Caribbean 
Region.
    Participants at the January 2023 meeting of the STAC to the SPAW 
Protocol included representatives from: Barbados, Belize, Colombia, 
Dominican Republic, France, Guyana, Honduras, the Netherlands, 
Nicaragua, 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. Additional information and meeting 
documents can be obtained at https://www.unep.org/cep/events/scientific-and-technical-advisory-committee-meetings-stacs/spaw-stac10.

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 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.''
    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.

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.

[[Page 9491]]

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 117 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. The most recent 
addition to Annex II by the SPAW Parties was in June 2019.
    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 
here: https://www.car-spaw-rac.org/?The-SPAW-Protocol-769.

Species Nominated To Be Added to the SPAW Protocol Annexes

                                Annex II
------------------------------------------------------------------------
                  Species                            Common name
------------------------------------------------------------------------
                                 SHARKS
------------------------------------------------------------------------
Carcharhinus longimanus...................  Oceanic whitetip shark.
Rhincodon typus...........................  Whale shark.
Sphyrna lewini............................  Scalloped hammerhead shark.
Sphyrna mokarran..........................  Great hammerhead shark.
Sphyrna zygaena...........................  Smooth hammerhead shark.
------------------------------------------------------------------------
                                  RAYS
------------------------------------------------------------------------
Manta birostris...........................  Giant manta ray.
------------------------------------------------------------------------
                                REPTILES
------------------------------------------------------------------------
Iguana delicatissima......................  Lesser Antillean iguana.
------------------------------------------------------------------------


                                Annex III
------------------------------------------------------------------------
                  Species                            Common name
------------------------------------------------------------------------
                                  FISH
------------------------------------------------------------------------
Scaridae spp. (16 species)................  Parrotfish (16 species).
------------------------------------------------------------------------
                                 SHARKS
------------------------------------------------------------------------
Carcharhinus perezi.......................  Caribbean reef shark.
------------------------------------------------------------------------

Circumstances of SPAW Species Nominations

    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 January 2023 meeting, the SPAW 
STAC reviewed the species proposed by Parties for listing under the 
SPAW Protocol and made recommendations to the twelfth SPAW Conference 
of the Parties (COP12) meeting, expected to be held in April 2023. The 
STAC recommended that the oceanic whitetip shark and the Lesser 
Antillean iguana be uplisted from Annex III to Annex II, and that 
parrotfish (Scaridae spp.) and the Caribbean reef shark be added to 
Annex III. The STAC did not provide a consensus recommendation on the 
proposals to uplist the whale shark, giant manta ray, and three species 
of hammerhead sharks from Annex III to Annex II. The STAC referred 
these nominations to SPAW COP12, which will take a final decision on 
all species nominations at its meeting in April 2023.

Species Under the Jurisdiction of the National Marine Fisheries Service

    Six species nominated to be added to Annex II at the January 2023 
meeting fall under the jurisdiction of NMFS: the oceanic whitetip shark 
(Carcharhinus longimanus), giant manta ray (Manta birostris), whale 
shark (Rhincodon typus), scalloped hammerhead shark (Sphyrna lewini), 
great hammerhead shark (S. mokarran), and smooth hammerhead shark (S. 
zygaena). All six of these species are currently listed in Annex III of 
the SPAW Protocol. The oceanic whitetip shark, giant manta ray, and 
four distinct population segments of the scalloped hammerhead shark are 
currently listed under the U.S. Endangered Species Act. All species 
nominated to be added to Annex III fall under the jurisdiction of NMFS, 
including all parrotfish (Scaridae) and the Caribbean reef shark 
(Carcharhinus perezi).

Species Under the Jurisdiction of the U.S. Fish and Wildlife Service

    The Lesser Antillean iguana (Iguana delicatissima), which the STAC 
recommended to be uplisted from Annex III to Annex II at the January 
2023 meeting, falls under the jurisdiction of the U.S. Fish and 
Wildlife Service. The Lesser Antillean iguana is a 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 this species if it is added to SPAW 
Annex II.

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: February 8, 2023.
Kimberly Damon-Randall,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 2023-03048 Filed 2-13-23; 8:45 am]
BILLING CODE 3510-22-P


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