Notice2024-23755
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
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Published
October 15, 2024
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
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.
Full Text
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<title>Federal Register, Volume 89 Issue 199 (Tuesday, October 15, 2024)</title>
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[Federal Register Volume 89, Number 199 (Tuesday, October 15, 2024)]
[Notices]
[Pages 82991-82993]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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 <a href="https://www.regulations.gov">https://www.regulations.gov</a> 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
<a href="http://www.regulations.gov">www.regulations.gov</a> 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: <a href="https://www.fisheries.noaa.gov/species/giant-manta-ray/conservation-management">https://www.fisheries.noaa.gov/species/giant-manta-ray/conservation-management</a>.
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: <a href="https://www.fisheries.noaa.gov/species/giant-manta-ray/conservation-management">https://www.fisheries.noaa.gov/species/giant-manta-ray/conservation-management</a>.
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: <a href="https://www.fisheries.noaa.gov/species/giant-manta-ray/conservation-management">https://www.fisheries.noaa.gov/species/giant-manta-ray/conservation-management</a>.
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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