82_FR_4312 82 FR 4303 - Addition of Species to the Annexes of the Protocol Concerning Specially Protected Areas and Wildlife in the Wider Caribbean Region

82 FR 4303 - Addition of Species to the Annexes of the Protocol Concerning Specially Protected Areas and Wildlife in the Wider Caribbean Region

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 82, Issue 9 (January 13, 2017)

Page Range4303-4305
FR Document2017-00541

During a meeting of the Scientific and Technical Advisory Committee (STAC) under the Protocol to the Cartagena Convention on Specially Protected Areas and Wildlife (SPAW Protocol), held in Miami, Florida in November 2016, twelve species of fauna were nominated and recommended to be added to the Annexes of the SPAW Protocol. The Department of State, U.S. Fish and Wildlife Service, and National Marine Fisheries Service solicit comment on the recommendations to add these twelve species to the Annexes.

Federal Register, Volume 82 Issue 9 (Friday, January 13, 2017)
[Federal Register Volume 82, Number 9 (Friday, January 13, 2017)]
[Notices]
[Pages 4303-4305]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-00541]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XF129


Addition of Species to the Annexes of the Protocol Concerning 
Specially Protected Areas and Wildlife in the Wider Caribbean Region

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Notice; request for public comments.

-----------------------------------------------------------------------

SUMMARY: During a meeting of the Scientific and Technical Advisory 
Committee (STAC) under the Protocol to the Cartagena Convention on 
Specially Protected Areas and Wildlife (SPAW Protocol), held in Miami, 
Florida in November 2016, twelve species of fauna were nominated and 
recommended to be added to the Annexes of the SPAW Protocol. The 
Department of State, U.S. Fish and Wildlife Service, and National 
Marine Fisheries Service solicit comment on the recommendations to add 
these twelve species to the Annexes.

DATES: Comments must be received by February 13, 2017.

ADDRESSES: You may submit comments on the recommendations to add the 
twelve species to the Annexes of the SPAW Protocol, by including NOAA-
NMFS-2016-0166, by either of the following methods:

[[Page 4304]]

     Federal e-Rulemaking Portal: Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2016-0166. Click the ``Comment Now!'' icon, 
complete the required fields, and enter or attach your comments.
     Mail: Submit written comments to Addition of Species to 
the Annexes of the SPAW Protocol, Office of Protected Resources, 
National Marine Fisheries Service, 1315 East-West Highway, Room 13535, 
Silver Spring, MD 20910.
    Instructions: NMFS may not consider comments if they are sent by 
any other method, to any other address or individual, or received after 
the end of the comment period, may not be considered. All comments 
received are a part of the public record and will generally be posted 
for public viewing on www.regulations.gov without change. All personal 
identifying information (e.g., name, address, etc.), confidential 
business information, or otherwise sensitive information submitted 
voluntarily by the sender will be publicly accessible. NMFS will accept 
anonymous comments (enter N/A in the required fields if you wish to 
remain anonymous).

FOR FURTHER INFORMATION CONTACT: Chelsey Young, NOAA (301) 427-8491; 
chelsey.young@noaa.gov; and Rosemarie Gnam, U.S. Fish and Wildlife 
Service (703) 358-1708; rosemarie_gnam@fws.gov. Persons who use a 
Telecommunications Device for the Deaf (TDD) may call the Federal 
Information Relay Service (FIRS) at 1-800-877-8339, 24 hours a day, 7 
days a week.

SUPPLEMENTARY INFORMATION: The SPAW Protocol is a protocol to the 
Convention for the Protection and Development of the Marine Environment 
of the Wider Caribbean Region (Cartagena Convention or Convention). 
There is also a protocol to the Convention addressing land-based 
sources of pollution and a protocol addressing regional cooperation on 
oil pollution preparedness and response. The SPAW Protocol was adopted 
in 1990 and entered into force in 2000. The United States ratified the 
SPAW Protocol in 2003. There are currently 16 State Parties to the SPAW 
Protocol from throughout the Wider Caribbean Region.
    Participants at the November 2016 meeting of the STAC to the SPAW 
Protocol included representatives from: Antigua and Barbuda, Bahamas, 
Belize, Colombia, Dominican Republic, France, Grenada, Guyana, Jamaica, 
the Netherlands, Saint Lucia, and the United States of America. 
Representatives of several non-governmental organizations also attended 
as observers.
    The U.S. delegation included representatives from the U.S. 
Department of State; the National Oceanic and Atmospheric 
Administration, National Marine Fisheries Service and National Ocean 
Service. Copies of the official ``Recommendations of the Meeting,'' a 
full list of participants, and the text of the Cartagena Convention and 
SPAW Protocol can be obtained at www.cep.unep.org/meetings/2016-meetings/7th-spaw-stac.

Convention and Convention Area

    The Cartagena Convention is a regional agreement for the protection 
and development of the marine environment of the wider Caribbean. The 
Convention was adopted in 1983 and entered into force in 1986. The 
United States ratified the Convention in 1984. The Convention area 
includes the marine environment of the Gulf of Mexico, the Caribbean 
Sea and the adjacent areas of the Atlantic Ocean south of lat. 30[deg] 
N. and within 200 nautical miles (nmi) of the Atlantic coasts of the 
Parties. The United States' responsibility within this Convention area 
includes: U.S. waters off of Puerto Rico, the Virgin Islands, and 
peninsular Florida, including the Atlantic coast; the waters off of a 
number of islands including coastal barrier islands and the Florida 
Keys; and the Gulf of Mexico waters under U.S. jurisdiction. The SPAW 
Protocol provides that each Party may designate related terrestrial 
areas over which they have sovereignty and jurisdiction (including 
watersheds) to be covered by the SPAW Protocol. The United States has 
not designated any terrestrial areas under the SPAW Protocol and ``does 
not intend to designate a terrestrial area under the Protocol unless 
requested to do so by an interested state or territory . . .'' (Senate 
Executive Report 107-8).

The Annexes and U.S. Obligations Under Each Annex

    The SPAW Protocol includes three Annexes. Plant species subject to 
the highest levels of protection are listed in Annex I, and animal 
species subject to the highest levels of protection are listed in Annex 
II. Plants and animals subject to some management, but lesser 
protections than those afforded to species listed in Annexes I or II, 
are listed in Annex III.
    Annexes I (flora) and II (fauna) are to include endangered and 
threatened species, or subspecies, or their populations as well as rare 
species. The SPAW Protocol describes rare species as those ``that are 
rare because they are usually localized within restricted geographical 
areas or habitats or are thinly scattered over a more extensive range 
and which are potentially or actually subject to decline and possible 
endangerment or extinction.''
    For fauna listed in Annex II, Parties ``shall ensure total 
protection and recovery to the species . . . by prohibiting: (i) The 
taking, possession or killing (including, to the extent possible, the 
incidental taking, possession or killing) or commercial trade in such 
species, their eggs, parts or products; [and] (ii) to the extent 
possible, the disturbance of such species, particularly during periods 
of breeding, incubation, estivation or migration, as well as other 
periods of biological stress.''
    For Annex III species, the SPAW Protocol states: ``Each Party shall 
adopt appropriate measures to ensure the protection and recovery of the 
species of flora and fauna listed in Annex III and may regulate the use 
of such species in order to ensure and maintain their populations at 
the highest possible levels.'' Therefore, some regulated harvest may be 
permitted for species on Annex III. The protective provisions of this 
Annex are not intended to be more restrictive than the provisions of 
Annexes I and II.
    The United States ratified the SPAW Protocol, including Annexes, 
subject to certain reservations, including the following with respect 
to Article 11(1): ``The United States does not consider itself bound by 
Article 11(1) of the [SPAW] Protocol to the extent that United States 
law permits the limited taking of flora and fauna listed in Annexes I 
and II [ ] which is incidental, or [ ] for the purpose of public 
display, scientific research, photography for educational or commercial 
purposes, or rescue and rehabilitation.''
    The United States has not designated any terrestrial area under the 
SPAW Protocol. As the United States explained at the time the SPAW 
Protocol was ratified, ``The United States does not plan to designate 
terrestrial area under the Protocol since no state or territory has 
identified a need or desire to designate terrestrial area. . . .'' 
(Senate Treaty Document 103-5). In addition, ``Several terrestrial 
species, e.g. bats (Tadarida brasiliensis and Brachyphylla cavernarum) 
and falcons (Falco peregrinus), are listed in the Annexes. The listing 
of these species, however, is not intended to describe the relevant 
terrestrial scope of the Protocol. As the United States has not 
designated any terrestrial area, the Protocol obligations will not 
apply with respect to such species.'' Id.

[[Page 4305]]

Summary of Annexes

    Annex I contains a total of 53 plant species. All plant species on 
Annex I are either: (1) Listed under the U.S. Endangered Species Act 
(ESA); (2) endemic to Florida and protected under Florida law; (3) 
occur only on Federal land and are fully protected where they occur; 
(4) are not native to the United States, and are listed in the 
Appendices of the Convention on International Trade in Endangered 
Species of Wild Fauna and Flora (CITES) where primarily commercial 
trade would be prohibited; or (5) are not native to, nor believed to be 
commercially imported into the United States. 56 FR 12026, 12028 (March 
21, 1991). There have been no additions to Annex I since the adoption 
of the SPAW Protocol.
    Annex II currently contains 114 species and 3 groups of species, 
including all sea turtles and all marine mammals in the region. Most of 
these animal species are either: (1) Listed under the U.S. Endangered 
Species Act or the Marine Mammal Protection Act; (2) are not native to 
the United States and are listed in Appendix I of CITES; (3) are 
offered complete protection by domestic legislation in all range States 
(whereby the Lacey Act, among other things, prohibits commercial trade 
in specimens taken, possessed, transported or sold in violation of 
foreign law); or (4) are endemic to foreign countries and are not 
commercially imported into the United States. Six new species were 
added to Annex II by the SPAW Parties in December 2014. Id.
    Annex III currently contains 43 species of plants and 32 species of 
animals in addition to species of corals, mangroves, and sea-grasses 
that occur in the region.

Composition of the Annexes

    The plant and animal species present on each Annex can be found 
here: 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
------------------------------------------------------------------------
                                  BIRDS
------------------------------------------------------------------------
  Passerina ciris.........................  Painted bunting.
------------------------------------------------------------------------
                                  FISH
------------------------------------------------------------------------
  Pristis pectinata.......................  Smalltooth sawfish.
------------------------------------------------------------------------


                                Annex III
------------------------------------------------------------------------
                  Species                            Common name
------------------------------------------------------------------------
                                 SNAILS
------------------------------------------------------------------------
  Liguus fasciatus........................  Florida tree snail.
------------------------------------------------------------------------
                             SHARKS AND RAYS
------------------------------------------------------------------------
  Manta birostris, Manta alfredi, Manta     Manta rays.
   sp. cf. birostris.
  Sphyrna lewini, Sphyrna mokarran,         Hammerheads.
   Sphyrna zygaena.
Carcharhinus longimanus...................  Oceanic whitetip shark.
Rhincodon typus...........................  Whale shark.
Epinephelus striatus......................  Nassau grouper.
------------------------------------------------------------------------

Circumstances of SPAW STAC Recommendations

    Article 11(4) of the SPAW Protocol details the requirements for 
amending the Annexes and states, in part, that a Party may submit a 
nomination of a species for inclusion in or deletion from the Annexes; 
that the Party shall submit supporting documentation; and that the SPAW 
STAC shall review the nomination. At the November 2016 meeting in 
Miami, Florida, the SPAW STAC reviewed the species proposed by Parties 
for listing under the SPAW Protocol and made recommendations to the 
ninth SPAW Conference of the Parties (COP9) meeting, expected to be 
held in March 2017. The STAC determined that the procedures for 
nominating species and the supporting documentation were satisfactory 
for positive recommendations to the COP regarding the species 
identified above.

Species Under the Jurisdiction of the National Marine Fisheries Service

    Ten of the twelve species that were recommended by the STAC to be 
added to the Annexes at the November 2016 meeting fall under the 
jurisdiction of the National Marine Fisheries Service (NMFS). The 
majority of the species under NMFS' jurisdiction have been recommended 
to be added to Annex III and include manta rays (Manta birostris, M. 
alfredi, and M. c.f. birostris), hammerhead sharks (Sphynra lewini, S. 
mokarran, and S. zygaena), the oceanic whitetip shark (Carcharhinus 
longimanus), the whale shark (Rhincodon typus), and the Nassau grouper 
(Epinephelus striatus). The Nassau grouper is listed as a threatened 
species under the ESA. One species of fish, the smalltooth sawfish 
(Pristis pectinata), has been recommended to be added to Annex II. The 
smalltooth sawfish is currently listed as endangered under the ESA, and 
was originally listed under the ESA in 2003.

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

    Two of the twelve species that were recommended by the STAC to be 
added to the Annexes at the November 2016 Miami meeting fall under the 
jurisdiction of the U.S. Fish and Wildlife Service (FWS). One bird 
species, the Painted bunting (Passerina ciris) has been recommended to 
be added to Annex II. One snail species, the Florida tree snail (Liguus 
fasciatus), has been recommended to be added to Annex III.
    Both the Painted bunting and the Florida tree snail are terrestrial 
species. As explained earlier in this Notice, the United States has not 
designated any terrestrial area under the SPAW Protocol and the 
obligations under the SPAW Protocol do not apply in the United States 
with respect to terrestrial species. Accordingly, no obligations under 
the SPAW Protocol would apply to these two terrestrial species if they 
are added to the SPAW Annexes.

Comments Solicited

    The Department of State, U.S. Fish and Wildlife Service, and 
National Marine Fisheries Service solicit comments and information that 
will inform the United States' consideration of the potential listing 
of these twelve species in the SPAW Annexes.

    Dated: January 9, 2017.
Donna S. Wieting,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 2017-00541 Filed 1-12-17; 8:45 am]
 BILLING CODE 3510-22-P



                                                                                    Federal Register / Vol. 82, No. 9 / Friday, January 13, 2017 / Notices                                                  4303

                                                    Aquifer Storage and Recovery (ASR)                         The EIR/EIS identifies and assesses                 Essential Fish Habitat under the
                                                    facilities.                                             potential environmental impacts                        Magnuson Stevens Fishery Conservation
                                                      The desalination facility would be                    associated with the proposed Project,                  and Management Act, section 106 of the
                                                    capable of producing 9.6 million gallons                and identifies 6 alternatives, plus a no               National Historic Preservation Act, and
                                                    per day (MGD) of potable water on a 46-                 action alternative. Federal agencies                   Federal Consistency review under the
                                                    acre site located north of the City of                  would use the EIR/EIS to consider                      Coastal Zone Management Act, along
                                                    Marina on unincorporated Monterey                       related permits or other approvals for                 with its ongoing NEPA process
                                                    County property. The MPWSP proposes                     the Project as proposed. NOAA’s                        including the use of NEPA documents
                                                    ten subsurface slant wells (nine new                    preferred alternative (Alternative 5a) is              and public and stakeholder meetings to
                                                    wells and conversion of an existing test                the environmentally preferred                          also meet the requirements of other
                                                    well) to draw seawater from beneath the                 alternative. Alternative 5a would be                   federal laws.
                                                    ocean floor in Monterey Bay to produce                  implemented in conjunction with the                       NOAA is seeking public comment on
                                                    the source water for the desalination                   Pure Water Monterey Groundwater                        the DEIR/DEIS, which is available at
                                                    plant. The subsurface slant wells would                 Replenishment Project (GWR), which                     http://montereybay.noaa.gov or may be
                                                    be located primarily within the City of                 would offer the same amount of                         obtained by contacting the individual
                                                    Marina, in the active mining area of the                freshwater as the proposed project but                 listed under the heading FOR FURTHER
                                                    CEMEX sand mining facility. The slant                   result in a larger footprint than the                  INFORMATION CONTACT.
                                                    wells would be approximately 700 to                     proposed action alone, yet the pairing of
                                                                                                                                                                     Authority: 16 U.S.C. 1431 et seq.
                                                    1000 feet in length and extend beneath                  Alternative 5a and the GWR project
                                                    the coastal dunes, sandy beach, and the                 would result in reduced operational                      Dated: January 4, 2017.
                                                    surf zone, terminating approximately                    energy use and reduced GHG emissions                   John Armor,
                                                    161 to 356 feet seaward of the Mean                     compared to the proposed project. In                   Director for the Office of National Marine
                                                    High Water line and at a depth of 190                   addition, the combination of Alternative               Sanctuaries.
                                                    to 210 feet below the seafloor. Up to                   5a and the GWR Project result in                       [FR Doc. 2017–00505 Filed 1–12–17; 8:45 am]
                                                    24.1 mgd of source water would be                       reduced effects on groundwater levels                  BILLING CODE 3510–NK–P
                                                    needed to produce 9.6 mgd of                            influenced by fewer slant wells and less
                                                    desalinated product water.                              volume of pumping, and the GWR
                                                      Under the proposed project, the                       project would provide water to the                     DEPARTMENT OF COMMERCE
                                                    desalination plant would generate                       Castroville Seawater Intrusion Project
                                                    approximately 13.98 mgd of brine,                       that would benefit the groundwater                     National Oceanic and Atmospheric
                                                    including 0.4 mgd of decanted                           basin. Lastly, Alternative 5a paired with              Administration
                                                    backwash water. The brine would be                      the GWR project would be consistent
                                                    discharged into Monterey Bay via a 36-                                                                         RIN 0648–XF129
                                                                                                            with the 2016 California Action Plan
                                                    inch diameter pipeline to a new                         seeking integrated water supply
                                                    connection with the existing Monterey                                                                          Addition of Species to the Annexes of
                                                                                                            solutions, the Governor’s drought                      the Protocol Concerning Specially
                                                    Regional Water Pollution Control                        proclamations, the CPUC Water Action
                                                    Agency’s (MRWPCA) outfall and                                                                                  Protected Areas and Wildlife in the
                                                                                                            Plan goal of promoting water                           Wider Caribbean Region
                                                    diffuser located offshore.                              infrastructure investment, the California
                                                    II. NOAA Proposed Action                                Ocean Plan, and MBNMS Desalination                     AGENCY:  National Marine Fisheries
                                                                                                            Guidelines.                                            Service (NMFS), National Oceanic and
                                                       NOAA is releasing for public                                                                                Atmospheric Administration (NOAA),
                                                    comment a draft EIR/EIS that was                        III. Process
                                                                                                                                                                   Commerce.
                                                    prepared in accordance with: Section                       This NOA is published by NOAA, the
                                                                                                                                                                   ACTION: Notice; request for public
                                                    102(2)(C) of the National Environmental                 lead federal agency. NOAA, along with
                                                    Policy Act (NEPA) of 1969, as amended;                                                                         comments.
                                                                                                            the CPUC, as CEQA lead agency, have
                                                    and the White House Council on                          determined that a joint CEQA/NEPA                      SUMMARY:   During a meeting of the
                                                    Environmental Quality Regulations for                   document is appropriate, and the two                   Scientific and Technical Advisory
                                                    Implementing the Procedural Provisions                  agencies have prepared a joint draft EIR/              Committee (STAC) under the Protocol to
                                                    of NEPA (CEQ NEPA Regulations).                         EIS after completion of a federal scoping              the Cartagena Convention on Specially
                                                    NOAA’s proposed action would be                         process. In accordance with Section                    Protected Areas and Wildlife (SPAW
                                                    whether to approve the installation of a                102(2)(C) of NEPA, NOAA published a                    Protocol), held in Miami, Florida in
                                                    subsurface seawater intake system, the                  Notice of Intent (NOI) to prepare an EIS               November 2016, twelve species of fauna
                                                    discharge of brine into MBNMS via an                    for the proposed project on August 26,                 were nominated and recommended to
                                                    existing outfall pipe, and the continued                2015 (80 FR 51787). During the EIS                     be added to the Annexes of the SPAW
                                                    presence of pipelines in MBNMS to                       scoping meeting held on September 10,                  Protocol. The Department of State, U.S.
                                                    transport seawater to a desalination                    2015, five participants commented                      Fish and Wildlife Service, and National
                                                    facility.                                               publically on the proposed project.                    Marine Fisheries Service solicit
                                                       The Project was subject to a Draft                   Twelve written comments were received                  comment on the recommendations to
                                                    Environmental Impact Report (EIR),                      throughout the public comment period.                  add these twelve species to the
                                                    under the provisions of the California                  The complete written comments are                      Annexes.
                                                    Environmental Quality Act (CEQA),
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                                                                            available for review at: https://www.
                                                    published by the California Public                      regulations.gov/docket?D=NOAA-NOS-                     DATES: Comments must be received by
                                                    Utilities Commission (CPUC) in April                    2015-0105.                                             February 13, 2017.
                                                    2015. The NEPA environmental                                                                                   ADDRESSES: You may submit comments
                                                    documentation includes an                               IV. Federal Consultations                              on the recommendations to add the
                                                    Environmental Impact Statement (EIS),                     This notice also advises the public                  twelve species to the Annexes of the
                                                    which is issued as a joint draft CEQA/                  that NOAA is coordinating its                          SPAW Protocol, by including NOAA–
                                                    NEPA (EIR/EIS) document with the                        consultation responsibilities under                    NMFS–2016–0166, by either of the
                                                    CPUC.                                                   section 7 of the Endangered Species Act,               following methods:


                                               VerDate Sep<11>2014   19:06 Jan 12, 2017   Jkt 241001   PO 00000   Frm 00025   Fmt 4703   Sfmt 4703   E:\FR\FM\13JAN1.SGM   13JAN1


                                                    4304                            Federal Register / Vol. 82, No. 9 / Friday, January 13, 2017 / Notices

                                                       • Federal e-Rulemaking Portal: Go to                    The U.S. delegation included                        geographical areas or habitats or are
                                                    www.regulations.gov/                                    representatives from the U.S.                          thinly scattered over a more extensive
                                                    #!docketDetail;D=NOAA-NMFS-2016-                        Department of State; the National                      range and which are potentially or
                                                    0166. Click the ‘‘Comment Now!’’ icon,                  Oceanic and Atmospheric                                actually subject to decline and possible
                                                    complete the required fields, and enter                 Administration, National Marine                        endangerment or extinction.’’
                                                    or attach your comments.                                Fisheries Service and National Ocean                      For fauna listed in Annex II, Parties
                                                       • Mail: Submit written comments to                   Service. Copies of the official                        ‘‘shall ensure total protection and
                                                    Addition of Species to the Annexes of                   ‘‘Recommendations of the Meeting,’’ a                  recovery to the species . . . by
                                                    the SPAW Protocol, Office of Protected                  full list of participants, and the text of             prohibiting: (i) The taking, possession or
                                                    Resources, National Marine Fisheries                    the Cartagena Convention and SPAW                      killing (including, to the extent possible,
                                                    Service, 1315 East-West Highway, Room                   Protocol can be obtained at                            the incidental taking, possession or
                                                    13535, Silver Spring, MD 20910.                         www.cep.unep.org/meetings/2016-                        killing) or commercial trade in such
                                                       Instructions: NMFS may not consider                  meetings/7th-spaw-stac.                                species, their eggs, parts or products;
                                                    comments if they are sent by any other
                                                                                                            Convention and Convention Area                         [and] (ii) to the extent possible, the
                                                    method, to any other address or
                                                                                                              The Cartagena Convention is a                        disturbance of such species, particularly
                                                    individual, or received after the end of
                                                                                                            regional agreement for the protection                  during periods of breeding, incubation,
                                                    the comment period, may not be
                                                                                                            and development of the marine                          estivation or migration, as well as other
                                                    considered. All comments received are
                                                                                                            environment of the wider Caribbean.                    periods of biological stress.’’
                                                    a part of the public record and will
                                                    generally be posted for public viewing                  The Convention was adopted in 1983                        For Annex III species, the SPAW
                                                    on www.regulations.gov without change.                  and entered into force in 1986. The                    Protocol states: ‘‘Each Party shall adopt
                                                    All personal identifying information                    United States ratified the Convention in               appropriate measures to ensure the
                                                    (e.g., name, address, etc.), confidential               1984. The Convention area includes the                 protection and recovery of the species of
                                                    business information, or otherwise                      marine environment of the Gulf of                      flora and fauna listed in Annex III and
                                                    sensitive information submitted                         Mexico, the Caribbean Sea and the                      may regulate the use of such species in
                                                    voluntarily by the sender will be                       adjacent areas of the Atlantic Ocean                   order to ensure and maintain their
                                                    publicly accessible. NMFS will accept                   south of lat. 30° N. and within 200                    populations at the highest possible
                                                    anonymous comments (enter N/A in the                    nautical miles (nmi) of the Atlantic                   levels.’’ Therefore, some regulated
                                                    required fields if you wish to remain                   coasts of the Parties. The United States’              harvest may be permitted for species on
                                                    anonymous).                                             responsibility within this Convention                  Annex III. The protective provisions of
                                                                                                            area includes: U.S. waters off of Puerto               this Annex are not intended to be more
                                                    FOR FURTHER INFORMATION CONTACT:                        Rico, the Virgin Islands, and peninsular               restrictive than the provisions of
                                                    Chelsey Young, NOAA (301) 427–8491;                     Florida, including the Atlantic coast; the             Annexes I and II.
                                                    chelsey.young@noaa.gov; and Rosemarie                   waters off of a number of islands
                                                    Gnam, U.S. Fish and Wildlife Service                                                                              The United States ratified the SPAW
                                                                                                            including coastal barrier islands and the              Protocol, including Annexes, subject to
                                                    (703) 358–1708; rosemarie_gnam@                         Florida Keys; and the Gulf of Mexico
                                                    fws.gov. Persons who use a                                                                                     certain reservations, including the
                                                                                                            waters under U.S. jurisdiction. The                    following with respect to Article 11(1):
                                                    Telecommunications Device for the Deaf                  SPAW Protocol provides that each Party
                                                    (TDD) may call the Federal Information                                                                         ‘‘The United States does not consider
                                                                                                            may designate related terrestrial areas                itself bound by Article 11(1) of the
                                                    Relay Service (FIRS) at 1–800–877–                      over which they have sovereignty and
                                                    8339, 24 hours a day, 7 days a week.                                                                           [SPAW] Protocol to the extent that
                                                                                                            jurisdiction (including watersheds) to be              United States law permits the limited
                                                    SUPPLEMENTARY INFORMATION: The                          covered by the SPAW Protocol. The
                                                    SPAW Protocol is a protocol to the                                                                             taking of flora and fauna listed in
                                                                                                            United States has not designated any                   Annexes I and II [ ] which is incidental,
                                                    Convention for the Protection and                       terrestrial areas under the SPAW
                                                    Development of the Marine                                                                                      or [ ] for the purpose of public display,
                                                                                                            Protocol and ‘‘does not intend to                      scientific research, photography for
                                                    Environment of the Wider Caribbean                      designate a terrestrial area under the
                                                    Region (Cartagena Convention or                                                                                educational or commercial purposes, or
                                                                                                            Protocol unless requested to do so by an               rescue and rehabilitation.’’
                                                    Convention). There is also a protocol to                interested state or territory . . .’’ (Senate
                                                    the Convention addressing land-based                    Executive Report 107–8).                                  The United States has not designated
                                                    sources of pollution and a protocol                                                                            any terrestrial area under the SPAW
                                                    addressing regional cooperation on oil                  The Annexes and U.S. Obligations                       Protocol. As the United States explained
                                                    pollution preparedness and response.                    Under Each Annex                                       at the time the SPAW Protocol was
                                                    The SPAW Protocol was adopted in                           The SPAW Protocol includes three                    ratified, ‘‘The United States does not
                                                    1990 and entered into force in 2000. The                Annexes. Plant species subject to the                  plan to designate terrestrial area under
                                                    United States ratified the SPAW                         highest levels of protection are listed in             the Protocol since no state or territory
                                                    Protocol in 2003. There are currently 16                Annex I, and animal species subject to                 has identified a need or desire to
                                                    State Parties to the SPAW Protocol from                 the highest levels of protection are listed            designate terrestrial area. . . .’’ (Senate
                                                    throughout the Wider Caribbean Region.                  in Annex II. Plants and animals subject                Treaty Document 103–5). In addition,
                                                       Participants at the November 2016                    to some management, but lesser                         ‘‘Several terrestrial species, e.g. bats
                                                    meeting of the STAC to the SPAW                         protections than those afforded to                     (Tadarida brasiliensis and Brachyphylla
                                                    Protocol included representatives from:                 species listed in Annexes I or II, are                 cavernarum) and falcons (Falco
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    Antigua and Barbuda, Bahamas, Belize,                   listed in Annex III.                                   peregrinus), are listed in the Annexes.
                                                    Colombia, Dominican Republic, France,                      Annexes I (flora) and II (fauna) are to             The listing of these species, however, is
                                                    Grenada, Guyana, Jamaica, the                           include endangered and threatened                      not intended to describe the relevant
                                                    Netherlands, Saint Lucia, and the                       species, or subspecies, or their                       terrestrial scope of the Protocol. As the
                                                    United States of America.                               populations as well as rare species. The               United States has not designated any
                                                    Representatives of several non-                         SPAW Protocol describes rare species as                terrestrial area, the Protocol obligations
                                                    governmental organizations also                         those ‘‘that are rare because they are                 will not apply with respect to such
                                                    attended as observers.                                  usually localized within restricted                    species.’’ Id.


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                                                                                     Federal Register / Vol. 82, No. 9 / Friday, January 13, 2017 / Notices                                                    4305

                                                    Summary of Annexes                                                           ANNEX III                          sawfish is currently listed as
                                                                                                                                                                    endangered under the ESA, and was
                                                       Annex I contains a total of 53 plant                          Species                 Common name            originally listed under the ESA in 2003.
                                                    species. All plant species on Annex I are
                                                    either: (1) Listed under the U.S.                                              SNAILS                           Species Under the Jurisdiction of the
                                                    Endangered Species Act (ESA); (2)                                                                               U.S. Fish and Wildlife Service
                                                    endemic to Florida and protected under                     Liguus fasciatus .....     Florida tree snail.         Two of the twelve species that were
                                                    Florida law; (3) occur only on Federal                                                                          recommended by the STAC to be added
                                                                                                                           SHARKS AND RAYS
                                                    land and are fully protected where they                                                                         to the Annexes at the November 2016
                                                    occur; (4) are not native to the United                    Manta birostris,           Manta rays.               Miami meeting fall under the
                                                    States, and are listed in the Appendices                     Manta alfredi,                                     jurisdiction of the U.S. Fish and
                                                    of the Convention on International                           Manta sp. cf.                                      Wildlife Service (FWS). One bird
                                                    Trade in Endangered Species of Wild                          birostris.                                         species, the Painted bunting (Passerina
                                                    Fauna and Flora (CITES) where                              Sphyrna lewini,            Hammerheads.              ciris) has been recommended to be
                                                    primarily commercial trade would be                          Sphyrna                                            added to Annex II. One snail species,
                                                    prohibited; or (5) are not native to, nor                    mokarran,
                                                                                                                                                                    the Florida tree snail (Liguus fasciatus),
                                                                                                                 Sphyrna zygaena.
                                                    believed to be commercially imported                     Carcharhinus                 Oceanic whitetip          has been recommended to be added to
                                                    into the United States. 56 FR 12026,                       longimanus.                  shark.                  Annex III.
                                                    12028 (March 21, 1991). There have                       Rhincodon typus .......      Whale shark.                Both the Painted bunting and the
                                                    been no additions to Annex I since the                   Epinephelus striatus ..      Nassau grouper.           Florida tree snail are terrestrial species.
                                                    adoption of the SPAW Protocol.                                                                                  As explained earlier in this Notice, the
                                                       Annex II currently contains 114                       Circumstances of SPAW STAC                             United States has not designated any
                                                    species and 3 groups of species,                         Recommendations                                        terrestrial area under the SPAW
                                                    including all sea turtles and all marine                                                                        Protocol and the obligations under the
                                                                                                               Article 11(4) of the SPAW Protocol                   SPAW Protocol do not apply in the
                                                    mammals in the region. Most of these                     details the requirements for amending
                                                    animal species are either: (1) Listed                                                                           United States with respect to terrestrial
                                                                                                             the Annexes and states, in part, that a                species. Accordingly, no obligations
                                                    under the U.S. Endangered Species Act                    Party may submit a nomination of a
                                                    or the Marine Mammal Protection Act;                                                                            under the SPAW Protocol would apply
                                                                                                             species for inclusion in or deletion from              to these two terrestrial species if they
                                                    (2) are not native to the United States                  the Annexes; that the Party shall submit
                                                    and are listed in Appendix I of CITES;                                                                          are added to the SPAW Annexes.
                                                                                                             supporting documentation; and that the
                                                    (3) are offered complete protection by                   SPAW STAC shall review the                             Comments Solicited
                                                    domestic legislation in all range States                 nomination. At the November 2016                         The Department of State, U.S. Fish
                                                    (whereby the Lacey Act, among other                      meeting in Miami, Florida, the SPAW                    and Wildlife Service, and National
                                                    things, prohibits commercial trade in                    STAC reviewed the species proposed by                  Marine Fisheries Service solicit
                                                    specimens taken, possessed, transported                  Parties for listing under the SPAW                     comments and information that will
                                                    or sold in violation of foreign law); or                 Protocol and made recommendations to                   inform the United States’ consideration
                                                    (4) are endemic to foreign countries and                 the ninth SPAW Conference of the                       of the potential listing of these twelve
                                                    are not commercially imported into the                   Parties (COP9) meeting, expected to be                 species in the SPAW Annexes.
                                                    United States. Six new species were                      held in March 2017. The STAC
                                                    added to Annex II by the SPAW Parties                                                                             Dated: January 9, 2017.
                                                                                                             determined that the procedures for
                                                    in December 2014. Id.                                                                                           Donna S. Wieting,
                                                                                                             nominating species and the supporting
                                                                                                             documentation were satisfactory for                    Director, Office of Protected Resources,
                                                       Annex III currently contains 43
                                                                                                                                                                    National Marine Fisheries Service.
                                                    species of plants and 32 species of                      positive recommendations to the COP
                                                                                                             regarding the species identified above.                [FR Doc. 2017–00541 Filed 1–12–17; 8:45 am]
                                                    animals in addition to species of corals,
                                                                                                                                                                    BILLING CODE 3510–22–P
                                                    mangroves, and sea-grasses that occur in                 Species Under the Jurisdiction of the
                                                    the region.                                              National Marine Fisheries Service
                                                    Composition of the Annexes                                  Ten of the twelve species that were                 DEPARTMENT OF COMMERCE
                                                                                                             recommended by the STAC to be added
                                                      The plant and animal species present                                                                          National Oceanic and Atmospheric
                                                                                                             to the Annexes at the November 2016
                                                    on each Annex can be found here:                                                                                Administration
                                                                                                             meeting fall under the jurisdiction of the
                                                    http://www.car-spaw-rac.org/?Annexes-                                                                           RIN 0648–XF159
                                                                                                             National Marine Fisheries Service
                                                    of-the-SPAW-Protocol,83.
                                                                                                             (NMFS). The majority of the species
                                                    Species Recommended by SPAW STAC                         under NMFS’ jurisdiction have been                     Mid-Atlantic Fishery Management
                                                    To Be Added to the SPAW Protocol                         recommended to be added to Annex III                   Council (MAFMC); Public Meetings
                                                    Annexes                                                  and include manta rays (Manta birostris,               AGENCY:  National Marine Fisheries
                                                                                                             M. alfredi, and M. c.f. birostris),                    Service (NMFS), National Oceanic and
                                                                         ANNEX II                            hammerhead sharks (Sphynra lewini, S.                  Atmospheric Administration (NOAA),
                                                                                                             mokarran, and S. zygaena), the oceanic                 Commerce.
                                                                                                             whitetip shark (Carcharhinus
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                            Species                 Common name                                                                     ACTION: Notice of a public meeting.
                                                                                                             longimanus), the whale shark
                                                                           BIRDS                             (Rhincodon typus), and the Nassau                      SUMMARY:  The Mid-Atlantic Fishery
                                                                                                             grouper (Epinephelus striatus). The                    Management Council (Council) will
                                                       Passerina ciris .......   Painted bunting.            Nassau grouper is listed as a threatened               hold public meetings of the Council and
                                                                                                             species under the ESA. One species of                  its Committees.
                                                                            FISH                             fish, the smalltooth sawfish (Pristis                  DATES: The meeting will be held on
                                                       Pristis pectinata .....   Smalltooth sawfish.
                                                                                                             pectinata), has been recommended to be                 Tuesday, February 14 through
                                                                                                             added to Annex II. The smalltooth                      Thursday, February 16, 2017. For


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Document Created: 2017-01-13 02:44:24
Document Modified: 2017-01-13 02:44:24
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice; request for public comments.
DatesComments must be received by February 13, 2017.
ContactChelsey Young, NOAA (301) 427-8491; [email protected]; and Rosemarie Gnam, U.S. Fish and Wildlife Service (703) 358-1708; [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.
FR Citation82 FR 4303 
RIN Number0648-XF12

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