[Federal Register Volume 89, Number 199 (Tuesday, October 15, 2024)]
[Notices]
[Pages 82991-82993]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-23755]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XE330]


Endangered and Threatened Species; Draft Recovery Plan for the 
Giant Manta Ray (Mobula birostris); Notice of Initiation of a 5-Year 
Review for the Giant Manta Ray

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

ACTION: Notice of availability of draft recovery plan; request for 
comments; notice of initiation; request for information.

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SUMMARY: We, the National Marine Fisheries Service (NMFS), announce the 
availability of a Draft Endangered Species Act (ESA) Recovery Plan 
(Draft Recovery Plan) for the threatened giant manta ray (Mobula 
birostris) for public review. We are soliciting review and comment from 
the public and all interested parties on the Draft Recovery Plan, and 
will consider all substantive comments received during the review 
period before submitting the Recovery Plan for final approval. We are 
also initiating a 5-year review of the giant manta ray and are 
requesting new information on its status.

DATES: Comments on the Draft Recovery Plan must be received by December 
16, 2024.

ADDRESSES: You may submit comments on the Draft Recovery Plan, 
identified by NOAA-NMFS-2024-0110 by any of the following methods:
    Electronic Submissions: Submit all electronic comments via the 
Federal eRulemaking Portal. Visit https://www.regulations.gov and type 
NOAA-NMFS-2024-0110 in the Search box. Click on the ``Comment'' icon, 
complete the required fields, and enter or attach your comments.
    Mail: Submit written comments to Endangered Species Division, 
Office of Protected Resources, National Marine Fisheries Service, 1315 
East-West Highway (SSMC3), Silver Spring, MD

[[Page 82992]]

20910, Attn: Giant Manta Ray Recovery Plan.
    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 by NMFS. 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).
    Electronic copies of the Draft Recovery Plan and supporting 
documents are available online at: https://www.fisheries.noaa.gov/species/giant-manta-ray/conservation-management.

FOR FURTHER INFORMATION CONTACT: Maggie Miller, (301) 427-8457, 
<a href="/cdn-cgi/l/email-protection#8ee3effce9effcebfaa0e6a0e3e7e2e2ebfccee0e1efefa0e9e1f8"><span class="__cf_email__" data-cfemail="1f727e6d787e6d7a6b317731727673737a6d5f71707e7e31787069">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Background

    The ESA of 1973, as amended (16 U.S.C. 1531 et seq.), requires that 
NMFS develop and implement recovery plans for the conservation and 
survival of threatened and endangered species under our jurisdiction, 
unless it is determined that such plans would not promote the 
conservation of the species. Section 4(f)(1) of the ESA requires that 
recovery plans incorporate, to the maximum extent practicable: (1) 
site-specific management actions necessary to achieve the plan's goals; 
(2) objective, measurable criteria which, when met, would result in a 
determination that the species is no longer threatened or endangered; 
and (3) estimates of the time required and costs to implement recovery 
actions.
    We listed the giant manta ray (Mobula birostris) as a threatened 
species under the ESA on January 22, 2018 (83 FR 2916). The giant manta 
ray is found worldwide in tropical, subtropical, and temperate bodies 
of water. Yet, despite its large range, the species is encountered 
infrequently (with the exception of a few areas noted for manta ray 
aggregations). Although there is considerable uncertainty regarding the 
species' current abundance throughout its range, the best available 
information indicated that the species experienced population declines 
of potentially significant magnitude due to fisheries-related mortality 
within the Indian Ocean and the Western Pacific and Eastern Pacific 
subregions of its range, which we determined qualifies as a 
``significant portion its range'' under the final Significant Portion 
of Its Range (SPR) policy (79 FR 37577; July 1, 2014). Based on the 
best available scientific and commercial information, and after 
considering efforts being made to protect the giant manta ray, we 
determined that it was likely to become an endangered species within 
the foreseeable future throughout a significant portion of its range 
(83 FR 2916; January 22, 2018). Accordingly, the giant manta ray was 
listed as threatened.
    Globally, giant manta rays are both targeted and caught as bycatch 
in a number of fisheries throughout their range, and are most 
susceptible to artisanal/small-scale fisheries (Miller and Klimovich 
2017). With the expansion of the international mobulid gill plate 
market and increasing demand for manta ray products, estimated take of 
giant manta rays, particularly in many portions of the SPR, frequently 
exceeds numbers of identified individuals in those areas. Observations 
from these areas also indicate declines in sightings and landings of 
the species. Given the species' extremely low reproductive output and 
overall productivity, it is inherently vulnerable to threats that would 
deplete its abundance, with a low likelihood of recovery. 
Unfortunately, efforts to address overutilization of the species 
through regulatory measures appear inadequate, with evidence of 
targeted fishing of the species and bycatch retention despite 
prohibitions, and a lack of local, regional, and international measures 
and/or enforcement (Miller and Klimovich 2017).

Development of the Draft Recovery Plan

    In December 2019, we developed a recovery outline to systematically 
and cohesively guide recovery for the giant manta ray until we 
completed a recovery plan. The recovery outline is available on our 
website at: https://www.fisheries.noaa.gov/species/giant-manta-ray/conservation-management.
    In 2022, we held a virtual meeting to elicit expert opinion on the 
challenges associated with recovering a wide-ranging species and 
potential ways to facilitate the recovery of the giant manta ray. We 
invited experts from a range of relevant disciplines to participate in 
the meeting and provide input and feedback. We utilized the information 
provided at this meeting to prioritize threats that are most urgent and 
significant and will need to be minimized/controlled for the recovery 
of the species. This helped serve as the foundation for our recovery 
criteria, actions and activities.
    The recovery planning components for the giant manta ray are 
divided into three separate documents. The first document, the Recovery 
Status Review, provides detailed information on the giant manta ray's 
biology, ecology, status and threats, and conservation efforts to date, 
which has typically been included in the background section of a 
species' recovery plan. This separate document is designed to inform 
all post-listing activities, including recovery planning, and is a 
comprehensive update to the original 2017 status review (Miller and 
Klimovich 2017). The Recovery Status Review may be revised as new 
information becomes available. The second document, the Draft Recovery 
Plan, focuses on the statutory components of a recovery plan, as 
required under the ESA to be incorporated to the maximum extent 
practicable: (1) a description of site-specific management actions 
necessary for the conservation and survival of the species (recovery 
actions); (2) objective, measurable criteria that, when met, will allow 
the species to be removed from the endangered and threatened species 
list; and (3) estimates of the time and cost required to achieve the 
plan's goals. Site-specific recovery actions in the Draft Recovery Plan 
are described at a relatively high level and are strategic in nature. 
The third document, the Draft Recovery Implementation Strategy, is a 
flexible, operational document separate from the Draft Recovery Plan. 
The Draft Recovery Implementation Strategy provides specific activities 
necessary to implement fully recovery actions in the Draft Recovery 
Plan, while affording us the ability to modify these activities 
efficiently to reflect changes in the information available as well as 
progress towards recovery. All three of the recovery planning 
documents, including the Recovery Status Review, the Draft Recovery 
Plan, and the Draft Recovery Implementation Strategy, are available on 
the NMFS giant manta ray website at: https://www.fisheries.noaa.gov/species/giant-manta-ray/conservation-management.
    We have determined that this Draft Recovery Plan for the giant 
manta ray meets the statutory requirements for a recovery plan and are 
proposing to adopt it as the ESA recovery plan for this threatened 
species. Section 4(f)(4) of the ESA requires that public notice and an 
opportunity to comment be provided prior to final approval of a 
recovery plan. This notice solicits comments on this Draft Recovery 
Plan.

[[Page 82993]]

Contents of the Draft Recovery Plan

    The Draft Recovery Plan presents NMFS' proposed recovery goal, 
objectives, and criteria, which, when met, would allow the giant manta 
ray to be delisted. The proposed demographic and threats-based recovery 
objectives and criteria are based on the listing factors found in the 
ESA section 4(a)(1). The proposed demographic and threats-based 
recovery objectives and criteria for the giant manta ray address 
threats from significant population declines, targeted catch in 
artisanal/small-scale fisheries, bycatch-related mortality in 
artisanal/small-scale and commercial fisheries, international trade of 
its gill plates, inadequate regulatory mechanisms, and illegal 
retention and enforcement issues. Additionally, it identifies stressors 
that should be monitored for potential future impact, such as climate 
change. The Draft Recovery Plan also describes specific information on 
the following: current status of the giant manta ray, threats that have 
contributed to the species' decline, recovery strategies to address the 
threats, and site-specific recovery actions with timelines. Finally, 
the Draft Recovery Plan estimates the time and costs required to 
implement recovery actions.
    The Draft Recovery Implementation Strategy provides specific, 
prioritized activities necessary to implement fully recovery actions in 
the Draft Recovery Plan. This stepped-down approach will afford us the 
ability to modify these activities efficiently to reflect changes in 
the information available as well as progress towards recovery.

How NMFS and Others Expect To Use the Plan

    In addition to continuing to carry out actions already underway, 
such as satellite and acoustic tag deployment and analysis, genetic 
sampling, and other research activities designed to improve our 
understanding of manta ray distribution, abundance, and population 
connectivity, we have begun implementation of other actions described 
in the Draft Recovery Plan. For example, we are currently providing 
domestic education and training programs for fishermen to enhance safe 
handling of giant manta rays and providing the public with outreach 
messaging to reduce harm and increase awareness of giant manta rays. In 
addition, we anticipate reviewing whether additional protective 
regulations under section 4(d) of the ESA may be appropriate to provide 
for the conservation of the giant manta ray in U.S. waters. After 
public comment and the adoption of the Recovery Plan, our intention is 
to implement the actions and activities for which we have authority and 
funding; encourage other international, Federal, State, and local 
agencies to implement recovery actions and activities for which they 
have responsibility, authority, and funding; and work cooperatively 
with the public and local stakeholders on implementation of other 
recovery actions and activities. We expect the Recovery Plan to guide 
us and other Federal agencies in evaluating Federal actions under ESA 
section 7, as well as in implementing other provisions of the ESA.

Public Comments Solicited

    We are soliciting written comments on the Draft Recovery Plan. All 
substantive comments received by the date specified above will be 
considered and incorporated, as appropriate, prior to our decision on 
whether to approve this Recovery Plan. While we invite comments on all 
aspects of the Draft Recovery Plan, we are particularly interested in 
comments on the proposed objectives, criteria, and actions, as well as 
comments on the estimated time and cost of recovery actions and 
activities.
    In addition, the ESA requires that we conduct a review of listed 
species at least once every five years. This will be the first review 
of this species pursuant to this provision of the ESA since it was 
listed in 2018 under the ESA. The regulations in 50 CFR 424.21 require 
that we publish a notice in the Federal Register announcing species 
currently under active review. On the basis of such reviews, we 
determine under the ESA 4(c)(2)(B) whether any species should be 
removed from the list (i.e., delisted) or reclassified from endangered 
to threatened or from threatened to endangered (16 U.S.C. 
1533(c)(2)(B)). Any change in federal classification would require a 
separate rulemaking process.
    To ensure that the 5-year review is complete and based on the best 
available scientific and commercial information, we are soliciting new 
information from the public, governmental agencies, Tribes, the 
scientific community, industry, environmental entities, and any other 
interested parties concerning the status of the giant manta ray. 
Comments and information submitted will be considered in the 5-year 
review, as applicable.
    Authority: 16 U.S.C. 1533(f)

    Dated: October 8, 2024.
Lisa Manning,
Acting Chief, Endangered Species Conservation Division, Office of 
Protected Resources, National Marine Fisheries Service.
[FR Doc. 2024-23755 Filed 10-11-24; 8:45 am]
BILLING CODE 3510-22-P


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