Atlantic Highly Migratory Species; Prohibit Retention of Mobulid Rays in Fisheries for Atlantic Highly Migratory Species

DEPARTMENT OF COMMERCE <SUBAGY>National Oceanic and Atmospheric Administration</SUBAGY> <CFR>50 CFR Part 635</CFR> <DEPDOC>[Docket No. 250813-0137]</DEPDOC> <RIN>RIN 0648-BN53</RIN> <SUBJECT>Atlantic Highly Migratory Species; Prohibit Retention of Mobulid Rays in Fisheries for Atlantic Highly Migratory Species</SUBJECT> <HD SOURCE="HED">AGENCY:</HD> National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. <HD SOURCE="HED">ACTION:</HD> Proposed rule; request for comments. <SUM> <HD SOURCE="HED">SUMMARY:</HD> NMFS is proposing changes to regulations to implement the binding International Commission for the Conservation of Atlantic Tunas (ICCAT) Recommendation 24-12 on mobulid rays of the family Mobulidae, which was adopted in 2024. Specifically, NMFS is proposing to prohibit retention of mobulid rays in fisheries for Atlantic highly migratory species (HMS), to require mobulid rays to be released unharmed in HMS fisheries, and to implement mobulid ray handling practices for vessels fishing with pelagic longline gear. </SUM> <EFFDATE> <HD SOURCE="HED">DATES:</HD> Written comments must be received by September 22, 2025. NMFS will hold a public hearing webinar on September 18, 2025, from 1 p.m. to 3 p.m. ET. For additional details on the public hearing, see the <E T="02">SUPPLEMENTARY INFORMATION</E> section of this document </EFFDATE> <HD SOURCE="HED">ADDRESSES:</HD> A plain language summary of this proposed rule is available at <E T="03">https://www.regulations.gov/docket/NOAA-NMFS-2025-0015.</E> You may submit comments on this document, identified by NOAA-NMFS-2025-0015, by electronic submission. Submit all electronic public comments via the Federal e-Rulemaking Portal. Visit <E T="03">https://www.regulations.gov</E> and type “NOAA-NMFS-2025-0015” in the Search box. Click on the “Comment” icon, complete the required fields, and enter or attach your comments. <E T="03">Instructions:</E> 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 by NMFS. All comments received are a part of the public record and will generally be posted for public viewing on <E T="03">https://www.regulations.gov</E> without change. All personal identifying information ( <E T="03">e.g.,</E> name, address, <E T="03">etc.</E> ), 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). Additional information related to this proposed rule, including electronic copies of the supporting documents are available from the HMS Management Division website at <E T="03">https://www.fisheries.noaa.gov/action/comments-requested-proposed-rule-prohibit-retention-mobulid-rays-atlantic-highly-migratory</E> or by contacting Carrie Soltanoff at <E T="03">carrie.soltanoff@noaa.gov</E> or by phone at 301-427-8503. <FURINF> <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD> Carrie Soltanoff at <E T="03">carrie.soltanoff@noaa.gov,</E> or by phone at 301-427-8503. </FURINF> <SUPLINF> <HD SOURCE="HED">SUPPLEMENTARY INFORMATION: </HD> Federal Atlantic HMS fisheries (tunas, billfish, swordfish, and sharks) are managed under the 2006 Consolidated HMS Fishery Management Plan (HMS FMP) and its amendments, pursuant to the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act; 16 U.S.C. 1801 <E T="03">et seq.</E> ) and consistent with the Atlantic Tunas Convention Act (ATCA; 16 U.S.C. 971 <E T="03">et seq.</E> ). HMS are defined at section 3(21) of the Magnuson-Stevens Act (see 16 U.S.C. 1802(21)) and the provisions for their management are at section 304(g)(1) (see 16 U.S.C. 1854(g)(1)). ATCA is the implementing statute for binding recommendations of ICCAT. HMS implementing regulations are at 50 CFR part 635. NMFS has prepared a draft Environmental Assessment (EA), Regulatory Impact Review (RIR), and an Initial Regulatory Flexibility Analysis (IRFA), which present the alternatives considered for this proposed rule and analyze their anticipated environmental, social, and economic impacts. A brief summary of background information and the alternatives considered is provided below. Additional information regarding this action and HMS management overall can be found in the draft EA/RIR/IRFA, the HMS FMP and its amendments, the annual HMS Stock Assessment and Fishery Evaluation Reports, and online at <E T="03">https://www.fisheries.noaa.gov/topic/atlantic-highly-migratory-species.</E> <HD SOURCE="HD1">Statutory Authority</HD> Under section 971d(c)(1)(A) of ATCA, NMFS must promulgate such regulations as may be necessary and appropriate to carry out binding recommendations of ICCAT. Further, regulations promulgated shall, to the extent practicable, be consistent with FMPs prepared and implemented under the Magnuson-Stevens Act (see section 971d(c)(1)(C)). Additionally, the Magnuson-Stevens Act requires measures in an FMP such as the HMS FMP to be consistent with regulations implementing recommendations by international organizations, as well as the National Standards (see section 303(a)(1)(C) or 16 U.S.C. 1853(a)(1)(C)). National Standard 9 requires that conservation and management measures shall, to the extent practicable: (A) minimize bycatch (as defined at 16 U.S.C. 1802(2)); and, (B) to the extent bycatch cannot be avoided, minimize the mortality of such bycatch (see section 301(a)(9) or 16 U.S.C. 1851(a)(9)). Section 305(d) provides for the promulgation of such regulations as may be necessary to implement an FMP such as the HMS FMP, and would help ensure that the HMS FMP is implemented consistently with the ICCAT recommendation, as well as National Standard 9 (see section 305(d) or 16 U.S.C. 1855(d)). <HD SOURCE="HD1">Background</HD> This section provides a brief overview of domestic and international management measures for mobulid rays (family Mobulidae) in the Atlantic, as well as the current operational practices of HMS fisheries in relation to mobulid rays. There are currently no regulations at 50 CFR part 635 concerning mobulid rays, nor are there any measures described in the HMS FMP or its amendments. The FMP for the Exclusive Economic Zone (EEZ) around Puerto Rico lists one species of mobulid ray, the giant manta ray ( <E T="03">Mobula birostris</E> ), as a prohibited species (87 FR 56204, September 13, 2022; see 50 CFR 622.438(f)). The harvest of mobulid rays is not managed under any other FMPs in the U.S. Atlantic, including in the Gulf or Caribbean. In HMS fisheries, mobulid rays are bycatch and are not targeted or retained. NMFS does not have records of sales of mobulid rays from HMS fisheries. Interaction rates of HMS fisheries with mobulid rays are low. While there are no regulatory requirements specific to mobulid rays in HMS fisheries, HMS fisheries are subject to a number of requirements on bycatch mitigation and safe handling and release of other bycatch species (see for example, requirements for all HMS gears at § 635.21(a)(1) and (2), pelagic longline sea turtle bycatch mitigation measures at § 635.21(c)(5) and shark bycatch mitigation measures at § 635.21(c)(6), and bottom longline bycatch mitigation measures at § 635.21(d)(2)). The giant manta ray is listed as threatened under the Endangered Species Act (ESA; 83 FR 2916, January 22, 2018; 88 FR 81351, November 22, 2023). In recognition of the ESA listing, NMFS developed recommended giant manta ray handling and release procedures ( <E T="03">https://media.fisheries.noaa.gov/dam-migration/manta__hms_placard_2020.pdf</E> ). These procedures were distributed to HMS fishermen per the Terms and Conditions of 2020 Biological Opinions for HMS fisheries. A Draft Recovery Plan, a Draft Recovery Implementation Strategy, and a Recovery Status Review for giant manta ray were released in 2024 ( <E T="03">https://www.fisheries.noaa.gov/species/giant-manta-ray/conservation-management</E> ). Under the Draft Recovery Plan, recovery actions include: through international coordination and collaboration with relevant international organizations, such as Regional Fishery Management Organizations (RFMOs), eliminate target fisheries and minimize fisheries bycatch and mortality of giant manta rays; improve species-specific monitoring and reporting of giant manta rays in commercial and artisanal fisheries by RFMOs and individual countries to improve estimates of catch and discards, provide a better understanding of the effects of illegal, unreported, and unregulated fishing, and measure progress towards recovery; and minimize fishing mortality of giant manta rays through effective development, implementation, and enforcement of international and domestic measures such as legislation and regulations. ICCAT conservation and management measures for mobulid rays were first adopted in 2023 under Recommendation 23-14. However, implementation of that recommendation was delayed pending further scientific advice from ICCAT's Standing Committee on Research and Statistics (SCRS). In 2024, the SCRS advised that the Commission give full effect to the measures in Recommendation 23-14, due to factors including life history traits of mobulid rays such as low productivity and slow growth; known interactions between mobulids and fisheries, including purse seine fisheries and, to a lesser extent, longline fisheries; incomplete fisheries data; and poor species identification. In 2024, ICCAT adopted Recommendation 24-12 on mobulid rays. This recommendation replaced Recommendation 23-14 and has identical provisions to the previous recommendation with the addition of a reference to Recommendation 19-01. Recommendation 24-12 requires, among other things, that ━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━ Preview showing 10k of 39k characters. 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