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]
-----------------------------------------------------------------------
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