Proposed Rule2025-16158
Atlantic Highly Migratory Species; Prohibit Retention of Mobulid Rays in Fisheries for Atlantic Highly Migratory Species
Primary source
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Published
August 22, 2025
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
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.
Full Text
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<title>Federal Register, Volume 90 Issue 161 (Friday, August 22, 2025)</title>
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[Federal Register Volume 90, Number 161 (Friday, August 22, 2025)]
[Proposed Rules]
[Pages 41024-41030]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-16158]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
[Docket No. 250813-0137]
RIN 0648-BN53
Atlantic Highly Migratory Species; Prohibit Retention of Mobulid
Rays in Fisheries for Atlantic Highly Migratory Species
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
[[Page 41025]]
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
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SUMMARY: 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.
DATES: 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
SUPPLEMENTARY INFORMATION section of this document
ADDRESSES: A plain language summary of this proposed rule is available
at <a href="https://www.regulations.gov/docket/NOAA-NMFS-2025-0015">https://www.regulations.gov/docket/NOAA-NMFS-2025-0015</a>. 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a> 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.
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="https://www.regulations.gov">https://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).
Additional information related to this proposed rule, including
electronic copies of the supporting documents are available from the
HMS Management Division website at <a href="https://www.fisheries.noaa.gov/action/comments-requested-proposed-rule-prohibit-retention-mobulid-rays-atlantic-highly-migratory">https://www.fisheries.noaa.gov/action/comments-requested-proposed-rule-prohibit-retention-mobulid-rays-atlantic-highly-migratory</a> or by contacting Carrie Soltanoff at
<a href="/cdn-cgi/l/email-protection#0e6d6f7c7c676b207d61627a6f606168684e60616f6f20696178"><span class="__cf_email__" data-cfemail="55363427273c307b263a3921343b3a3333153b3a34347b323a23">[email protected]</span></a> or by phone at 301-427-8503.
FOR FURTHER INFORMATION CONTACT: Carrie Soltanoff at
<a href="/cdn-cgi/l/email-protection#bbd8dac9c9d2de95c8d4d7cfdad5d4ddddfbd5d4dada95dcd4cd"><span class="__cf_email__" data-cfemail="adceccdfdfc4c883dec2c1d9ccc3c2cbcbedc3c2cccc83cac2db">[email protected]</span></a>, or by phone at 301-427-8503.
SUPPLEMENTARY INFORMATION: 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 et seq.) and consistent with
the Atlantic Tunas Convention Act (ATCA; 16 U.S.C. 971 et seq.). 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 <a href="https://www.fisheries.noaa.gov/topic/atlantic-highly-migratory-species">https://www.fisheries.noaa.gov/topic/atlantic-highly-migratory-species</a>.
Statutory Authority
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)).
Background
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 (Mobula birostris), 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 Sec. 635.21(a)(1) and (2), pelagic longline sea turtle bycatch
mitigation measures at Sec. 635.21(c)(5) and shark bycatch mitigation
measures at Sec. 635.21(c)(6), and bottom longline bycatch mitigation
measures at Sec. 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 (<a href="https://media.fisheries.noaa.gov/dam-migration/manta__hms_placard_2020.pdf">https://media.fisheries.noaa.gov/dam-migration/manta__hms_placard_2020.pdf</a>).
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
[[Page 41026]]
ray were released in 2024 (<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>). 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 the United States and other ICCAT parties prohibit
retaining on board, transshipping, landing, or storing any part or
whole carcass of all species of mobulid rays (family Mobulidae) as
listed in Recommendation 19-01 and taken in the Convention area in
association with ICCAT fisheries. Further, Recommendation 24-12
requires that vessels promptly release unharmed, to the extent
practicable, mobulid rays as soon as they are seen in the net, on the
hook, or at the vessel, in a manner that shall result in the least
possible harm to the individual. Recommendation 24-12 also encourages
implementation of best handling practices for the safe release of
mobulid rays. For longline gear, suggested handling practices include
to leave the animal in the water, to use a de-hooker to remove the hook
or a long-handled line cutter to cut the gear as close to the hook as
possible, and not to gaff, drag, carry, lift or pull a ray by its
``cephalic lobes'' or tail or by inserting hooks or hands into the gill
slits or the spiracles.
Of the species of mobulid rays in the family Mobulidae, HMS
fisheries are most likely to interact with the following five species:
Mobula birostris, M. hypostoma, M. mobular, M. tarapacana, and M.
thurstoni. Recommendation 19-01, referenced in Recommendation 24-12,
lists the following seven species of mobulid rays as relevant to ICCAT:
Manta alfredi (reef manta ray), Manta birostris (giant manta ray),
Mobula hypostoma (lesser, or pygmy, devil ray), M. japonica, M. mobular
(devil fish or spinetail devil ray), M. tarapacana (Chilean, or
sicklefin, devil ray), and M. thurstoni (smoothtail mobula or bentfin
devil ray). Subsequent to adoption of Recommendation 19-01 and as
detailed in a 2024 SCRS paper (<a href="https://www.iccat.int/Documents/CVSP/CV081_2024/n_9/CV08109098.pdf">https://www.iccat.int/Documents/CVSP/CV081_2024/n_9/CV08109098.pdf</a>), Manta alfredi and Manta birostris
became recognized as belonging to the genus Mobula. M. japonica is now
considered to be the same species as M. mobular. M. alfredi occurs in
the Pacific, with some studies indicating the species may have been
reported in the eastern Atlantic Ocean and thus highly unlikely to
interact with HMS fisheries. Therefore, HMS fisheries are most likely
to interact with five species of mobulid rays. The 2024 SCRS paper
notes that the taxonomy of mobulid rays is still somewhat uncertain, as
evidenced by these recent changes, and any management measures should
be established at the family level (i.e., Mobulidae) to alleviate
potential future problems with management or enforcement if there are
further taxonomic revisions.
Proposed Measures
Consistent with ICCAT Recommendation 24-12, NMFS is proposing to
prohibit retention of mobulid rays of the family Mobulidae in HMS
fisheries, 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. These proposed measures would also
be consistent with National Standard 9, and for giant manta rays, the
ESA Draft Recovery Plan, Draft Recovery Implementation Strategy, and
recommended handling and release procedures that have already been
distributed to HMS fisheries. As described below, NMFS considered three
alternatives on retention of mobulid rays and three alternatives on
handling and release practices for mobulid rays. These alternatives
included both no action and the preferred alternatives. The purpose of
this action is to protect mobulid rays and minimize their bycatch and
bycatch mortality to the extent practicable in HMS fisheries.
Prohibition on Retention of Mobulid Rays
NMFS is proposing, under preferred Alternative A3, to prohibit
retention of mobulid rays in all HMS fisheries. Vessels issued, or
which should have been issued, any HMS permit, commercial or
recreational, would be prohibited from retaining, transshipping,
landing, or storing any parts or whole carcasses of mobulid rays.
Persons would be prohibited from selling or purchasing any mobulid ray,
a whole carcass or part thereof, that was caught by a vessel issued or
required to be issued a permit for HMS.
This alternative would implement Recommendation 24-12, prohibiting
retention of mobulid rays taken in association with ICCAT fisheries.
Fisheries for tunas and tuna-like species (i.e., swordfish and
billfish) are considered to be ICCAT fisheries. This alternative would
additionally prohibit retention of mobulid rays in fisheries for
sharks. While fisheries for sharks are not ICCAT fisheries for tunas
and tuna-like species, application of the measures for shark fisheries
would ensure consistent application, facilitate effective
implementation, and provide clarity for the regulated community and for
enforcement purposes. Applying this requirement in all HMS fisheries
would further implement measures in the HMS FMP consistent with the
National Standards (specifically National Standard 9 here) and
regulations implementing recommendations by international
organizations, as required under the Magnuson-Stevens Act. Similarly,
implementing a prohibition on sale or purchase of mobulid rays in
addition to prohibiting their retention would facilitate effective
implementation and provide clarity for the regulated community and for
enforcement purposes.
Under this alternative, researchers conducting research on mobulid
rays would need an exempted fishing permit or related permit (e.g.,
scientific
[[Page 41027]]
research permit, display permit) consistent with the regulations at
Sec. 635.32 exempting them from the mobulid ray regulations when
conducting research on any HMS-permitted fishing vessel. Researchers
who interact with giant manta rays would continue to need to consult
with the NMFS Office of Protected Resources for any additional
authorizations required under the ESA.
Handling and Release Practices for Mobulid Rays
NMFS is proposing, under preferred Alternative B2, to require
vessels issued, or which should have been issued, any HMS permit to
release unharmed, to the extent practicable, mobulid rays as soon as
they are seen on the hook or at the vessel (with additional
requirements for pelagic longline vessels as described under
Alternative B3). This alternative would implement Recommendation 24-12,
requiring vessels to promptly release mobulid rays unharmed, to the
extent practicable. Application of this requirement in all HMS
fisheries, rather than only ICCAT fisheries for tunas and tuna-like
species, would ensure consistent application, facilitate effective
implementation, and provide clarity for the regulated community and for
enforcement purposes.
In addition, this alternative would align HMS fishery requirements
with the giant manta ray handling and release procedures recommended
after the ESA listing which state that giant manta rays should be
released in a manner that will promote their survival after any fishery
interaction (<a href="https://media.fisheries.noaa.gov/dam-migration/manta__hms_placard_2020.pdf">https://media.fisheries.noaa.gov/dam-migration/manta__hms_placard_2020.pdf</a>). As Alternative B2 would apply this
requirement to all mobulid rays, this alternative would also avoid any
differing requirement among species of mobulid rays that could lead to
mishandling of giant manta rays due to misidentification. The 2024
Recovery Status Review for Giant Manta Ray describes a high rate of
misidentification between giant manta rays and other mobulid rays.
NMFS is also proposing, under preferred Alternative B3, to require
vessels issued, or which should have been issued, an HMS permit and
fishing with pelagic longline gear to release, as safely as
practicable, any hooked or entangled mobulid rays using dehookers or
line clippers or cutters. If using a line clipper or cutter, the
gangion would be required to be cut so that less than 3 feet (91.4
centimeters (cm)) of line remains attached to the hook. Handling
requirements would also state that mobulid rays must be left in the
water, and no mobulid ray may be gaffed.
This alternative would implement the suggested best handling
practices for the safe release of mobulid rays in Recommendation 24-12.
In addition, similar to Alternative B2, this alternative would align
HMS fisheries with aspects of the recommended giant manta ray handling
and release procedures. As Alternative B3 would apply this requirement
to all mobulid rays, this alternative would also avoid any differing
requirement among species of mobulid rays that could lead to
mishandling of giant manta rays due to misidentification. Further,
requiring mobulid rays to be dehooked or cut off with a limited amount
of line would facilitate the ability of NMFS observers and vessel
captains or crew to identify and report which species of mobulid ray
was involved in the interaction. The requirement to cut the gangion so
that less than 3 feet of line remains attached to the hook would be
consistent with handling and release requirements for shark bycatch on
pelagic longline gear (see Sec. 635.21(c)(6)(i)).
Other Alternatives Analyzed
In addition to the proposed measures described above, in the EA for
this action, NMFS analyzed two no action alternatives (Alternatives A1
and B1) that would maintain the status quo in HMS fisheries. NMFS does
not prefer the no action alternatives because they do not meet the
objectives of the rule. The EA for this action also describes the
impacts of one other alternative. Alternative A2 would prohibit
retention of mobulid rays in fisheries for tunas and tuna-like species.
NMFS does not prefer Alternative A2 because, while it would implement
Recommendation 24-12, application of this measure in some HMS fisheries
and not others (i.e., fisheries for sharks) could lead to issues
related to inconsistent application, complicate implementation, and
cause confusion or complications for the regulated community and for
enforcement purposes.
Request for Comments
NMFS is requesting comments on this proposed rule, which may be
submitted via <a href="https://www.regulations.gov">https://www.regulations.gov</a> or at a public hearing. NMFS
solicits comments on this action by September 22, 2025 (see DATES and
ADDRESSES sections).
During the comment period, NMFS will hold a public hearing via
webinar for this proposed action on September 18, 2025, from 1 p.m. to
3 p.m. ET. Further information on how to attend the webinar can be
found at <a href="https://www.fisheries.noaa.gov/action/comments-requested-proposed-rule-prohibit-retention-mobulid-rays-atlantic-highly-migratory">https://www.fisheries.noaa.gov/action/comments-requested-proposed-rule-prohibit-retention-mobulid-rays-atlantic-highly-migratory</a>. Requests for sign language interpretation or other auxiliary
aids should be directed to Carrie Soltanoff at
<a href="/cdn-cgi/l/email-protection#32515340405b571c415d5e46535c5d5454725c5d53531c555d44"><span class="__cf_email__" data-cfemail="4d2e2c3f3f2428633e2221392c23222b2b0d23222c2c632a223b">[email protected]</span></a> or 301-427-8503, at least 7 days prior to the
meeting. In addition, any requests for in-person public hearings during
the comment period should be directed to Carrie Soltanoff.
The public is reminded that NMFS expects participants at the public
hearings to conduct themselves appropriately. At the beginning of each
public hearing, a representative of NMFS will explain the ground rules
(e.g., alcohol is prohibited from the hearing room, attendees will be
called to give their comments in the order in which they registered to
speak, each attendee will have an equal amount of time to speak, and
attendees should not interrupt one another). At the beginning of each
webinar, the moderator will explain how the webinar will be conducted
and how and when participants can provide comments. The NMFS
representative(s) will attempt to structure the webinar so that all
attending members of the public will be able to comment, if they so
choose, regardless of the controversial nature of the subject(s).
Attendees are expected to respect the ground rules, and if they do not,
they may not be allowed to speak during the webinar.
Classification
As described in the introduction, NMFS is issuing this proposed
rule pursuant to the Atlantic Tunas Convention Act section
971d(c)(1)(A) and the Magnuson-Stevens Act section 305(d). The NMFS
Assistant Administrator has determined that this proposed rule is
consistent with the HMS FMP and its amendments, other provisions of the
Magnuson-Stevens Act and other applicable law, subject to further
consideration after public comment.
This proposed rule has been determined to be not significant for
purposes of Executive Order 12866.
This proposed rule is not an Executive Order 14192 regulatory
action because this rule is not significant under Executive Order
12866.
An IRFA was prepared, as required by section 603 of the Regulatory
Flexibility Act (RFA). The IRFA describes the economic impact that this
proposed rule, if adopted, would have on small entities. A description
of the action, why it is being considered, and the legal basis for this
action are contained at the beginning of this section in the preamble
and in the SUMMARY section of the preamble. A summary of the
[[Page 41028]]
analysis follows. A copy of this analysis is available from NMFS (see
ADDRESSES section).
Section 603(b)(1) requires agencies to describe the reasons why the
action is being considered. The purpose of this proposed rulemaking is
to protect mobulid rays and minimize their bycatch and bycatch
mortality to the extent practicable in HMS fisheries consistent with
ICCAT Recommendation 24-12, as well as National Standard 9 of the
Magnuson-Stevens Act.
Section 603(b)(2) of the RFA requires agencies to state the
objectives of, and legal basis for, the proposed action. The objective
of this proposed rulemaking is to implement binding ICCAT
Recommendation 24-12, adopted in 2024, which prohibits the retention of
mobulid rays in ICCAT fisheries and details best practices for handling
and release of mobulid rays. NMFS is issuing this proposed rule
pursuant to the Atlantic Tunas Convention Act section 971d(c)(1)(A) and
the Magnuson-Stevens Act section 305(d).
Section 603(b)(3) of the RFA requires agencies to provide an
estimate of the number of small entities to which the proposed rule
would apply. The Small Business Administration (SBA) has established
size criteria for all major industry sectors in the United States,
including fish harvesters. Provision is made under SBA's regulations
for an agency to develop its own industry-specific size standards after
consultation with Advocacy and an opportunity for public comment (see
13 CFR 121.903(c)). Under this provision, NMFS may establish size
standards that differ from those established by the SBA Office of Size
Standards, but only for use by NMFS and only for the purpose of
conducting an analysis of economic effects in fulfillment of the
agency's obligations under the RFA. To utilize this provision, NMFS
must publish such size standards in the Federal Register, which NMFS
did on December 29, 2015 (80 FR 81194). In that final rule, effective
on July 1, 2016, NMFS established a small business size standard of $11
million in annual gross receipts for all businesses in the commercial
fishing industry (North American Industry Classification System (NAICS)
code 11411) for RFA compliance purposes. NMFS considers all HMS permit
holders to be small entities because they had average annual receipts
of less than $11 million for commercial fishing. SBA has established
size standards for all other major industry sectors in the United
States, including the scenic and sightseeing transportation (water)
sector (NAICS code 487210, for-hire), which includes charter/party boat
entities. SBA has defined a small charter/party boat entity as one with
average annual receipts (revenue) of less than $14 million.
The proposed rule would apply to the permit holders of 164
Swordfish Directed, 63 Swordfish Incidental, 68 Swordfish Handgear, 188
Shark Directed, 221 Shark Incidental, and 223 Atlantic Tunas Longline
category limited access permits. The proposed rule would also apply to
the permit holders of 4,324 HMS Charter/Headboat permits (with 3,085
shark endorsements and 2,014 commercial sale endorsements), 3,471
Atlantic Tunas General category and Swordfish General Commercial
permits (with 1,709 shark endorsements), 37 Atlantic Tunas Harpoon
category permits, 66 Commercial Caribbean Small Boat permits, and 188
Smoothhound Shark permits. This proposed rule would also affect HMS
Angling permit holders, but those permit holders are considered
individuals and not small entities under RFA. NMFS considers all HMS
permit holders, both commercial and for-hire, to be small entities
because they have average annual receipts of less than their respective
sector's standard of $11 million and $14 million. NMFS has determined
that the proposed rule would not likely affect any small governmental
jurisdictions. More information regarding the description of the
fisheries affected, and the categories and number of permit holders can
be found in the HMS Stock Assessment and Fishery Evaluation Report.
Section 603(b)(4) of the RFA requires agencies to describe any new
reporting, record-keeping, and other compliance requirements. This
proposed rule does not contain any new collection of information,
reporting, or record-keeping requirements.
Under section 603(b)(5) of the RFA, agencies must identify, to the
extent practicable, relevant Federal rules which duplicate, overlap, or
conflict with the proposed action. Fishermen, dealers, and managers in
these fisheries must comply with a number of international agreements,
domestic laws, and other fishery management measures. These include,
but are not limited to, the Magnuson-Stevens Act, ATCA, the High Seas
Fishing Compliance Act, the Marine Mammal Protection Act, the ESA, the
National Environmental Policy Act, the Paperwork Reduction Act, and the
Coastal Zone Management Act. This proposed action has been determined
not to duplicate, overlap, or conflict with any Federal rules.
Under section 603(c) of the RFA, agencies must describe any
significant alternatives to the proposed rule which accomplish the
stated objectives of applicable statutes and which minimize any
significant economic impact of the proposed rule on small entities. The
analysis shall discuss significant alternatives such as: (1)
establishment of differing compliance or reporting requirements or
timetables that take into account the resources available to small
entities; (2) clarification, consolidation, or simplification of
compliance and reporting requirements under the rule for such small
entities; (3) use of performance rather than design standards; and (4)
exemptions from coverage of the rule, or any part thereof, for small
entities. These categories of alternatives are described at 5 U.S.C.
603(c)(1)-(4). NMFS examined each of these categories of alternatives.
Regarding the first, second, and fourth categories, NMFS cannot
establish differing compliance or reporting requirements for small
entities or exempt small entities from coverage of the rule or parts of
it because all of the businesses impacted by this rule are considered
small entities and thus the requirements are already designed for small
entities. NMFS does not know of any performance or design standards
that would satisfy the aforementioned objectives of this rulemaking
while, concurrently, complying with ATCA and the Magnuson-Stevens Act.
As described below, NMFS analyzed several different alternatives in
this proposed rulemaking, and provides rationales for identifying the
preferred alternatives to achieve the desired objectives. The
alternatives considered and analyzed are described below. The IRFA
assumes that each vessel will have similar catch and gross revenues to
show the relative impact of the proposed action on vessels.
Under Alternative A1, the No Action alternative, the HMS
regulations at 50 CFR part 635 would continue not to address retention
of mobulid rays. 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. This would likely indicate neutral economic
impacts on small entities participating in HMS fisheries. However,
there are potential costs to not implementing binding ICCAT
recommendations, including potentially being identified for
noncompliance by the ICCAT Compliance Committee and thereby influencing
decisions by consumers due to negative public perception, which could
result in minor adverse economic
[[Page 41029]]
impacts. By contrast, in the future, if small entities permitted in HMS
fisheries decide to retain and sell mobulid rays under Alternative A1,
that decision could result in revenue that has minor beneficial
economic impacts. The impact is likely to be minor since there is a
very limited market in the United States. The same potential costs to
noncompliance with binding ICCAT recommendations could exist.
Under Alternative A2, NMFS would prohibit retention of mobulid rays
in fisheries for tunas and tuna-like species (i.e., swordfish and
billfish), which are considered to be ICCAT fisheries. Retention of
mobulid rays in fisheries for sharks would not be addressed under this
alternative. 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. Therefore, Alternative A2 would likely result
in neutral economic impacts on small entities participating in HMS
fisheries. However, if small entities permitted to fish for sharks with
bottom longline or gillnet decide to retain and sell mobulid rays in
the future under Alternative A2, that revenue could result in long-term
minor beneficial social and economic impacts, but to a lesser degree
than potential revenue in all HMS fisheries under Alternative A1. The
impact is likely to be minor since there is a very limited market in
the United States.
Under preferred Alternative A3, NMFS would prohibit retention of
mobulid rays in all HMS fisheries. 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. Therefore, Alternative A3
would likely result in neutral economic impacts on small entities
participating in HMS fisheries.
Under Alternative B1, the No Action alternative, the HMS
regulations at 50 CFR part 635 would continue not to address handling
practices or release of mobulid rays. Current giant manta ray handling
and release procedures under the ESA would remain in place. Alternative
B1 would not require any changes to current mobulid rays handling and
release practices and, therefore, would likely result in neutral
economic impacts on small entities participating in HMS fisheries.
However, there are potential costs to not implementing binding ICCAT
recommendations, including potentially being identified for
noncompliance by the ICCAT Compliance Committee and thereby influencing
decisions by consumers due to negative public perception, which could
result in minor adverse economic impacts.
Under preferred Alternative B2, vessels issued any HMS permit would
be required to release unharmed, to the extent practicable, mobulid
rays as soon as they are seen on the hook or at the vessel (with
additional requirements for pelagic longline vessels as described under
Alternative B3). 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. Therefore, Alternative B2 would likely result
in neutral economic impacts on small entities participating in HMS
fisheries.
Under preferred Alternative B3, NMFS would implement handling
practices for mobulid rays caught on pelagic longline gear, including
requirements to limit trailing line to three feet, to leave mobulid
rays in the water, to use a dehooking device, and to not gaff mobulid
rays. Currently, pelagic longline fishermen are required to use a
dehooking device if a protected species (e.g., sea turtle or marine
mammal) is caught, as well as for sharks that will not be retained, but
they are not currently required to use a dehooker to release all
mobulid rays. While this fishery infrequently interacts with mobulid
rays, it is common practice in the pelagic longline fishery to release
mobulid rays by cutting the gangion. However, they usually do not cut
the gangions so only three feet remains. They are, nevertheless,
already required to leave only three feet of trailing line when cutting
off a shark that will not be retained. Therefore, Alternative B3 would
likely result in short-term minor adverse economic impacts to small
entities as fishermen adjust to this new practice. Although this may be
an initial issue, NMFS expects that these inefficiencies would be
minimal and that fishermen would become adept in using these practices
to release mobulid rays over time given they are adept at using similar
practices to release sharks and protected species. Thus, Alternative B3
would be expected to have neutral long-term economic impacts.
This proposed rule contains no information collection requirements
under the Paperwork Reduction Act of 1995.
List of Subjects in 50 CFR Part 635
Fisheries, Fishing, Fishing vessels, Foreign relations, Imports,
Penalties, Reporting and recordkeeping requirements, Statistics,
Treaties.
Dated: August 20, 2025.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, NMFS proposes to amend 50
CFR part 635 as follows:
PART 635--ATLANTIC HIGHLY MIGRATORY SPECIES
0
1. The authority citation for part 635 continues to read as follows:
Authority: 16 U.S.C. 971 et seq.; 16 U.S.C. 1801 et seq.
0
2. In Sec. 635.2, add the definition of ``mobulid ray'' in
alphabetical order to read as follows:
Sec. 635.2 Definitions.
* * * * *
Mobulid ray means any species of ray in the family Mobulidae.
* * * * *
0
3. In Sec. 635.21, add paragraphs (a)(5) and (c)(7) to read as
follows:
Sec. 635.21 Gear operation and deployment restrictions.
(a) * * *
* * * * *
(5) Any mobulid ray caught by a vessel that has been issued or
should have been issued an HMS permit must be released unharmed, to the
extent practicable, as soon as it is seen on the hook or at the vessel,
except that a vessel with pelagic longline on board must undertake the
bycatch mitigation measures described in paragraph (c)(7) of this
section.
* * * * *
(c) * * *
* * * * *
(7) The owner or operator of a vessel permitted or required to be
permitted under this part and that has pelagic longline gear on board
must, as safely as practicable, release any hooked or entangled mobulid
ray using dehookers or line clippers or cutters. If using a line
clipper or cutter, the gangion must be cut so that less than three feet
(91.4 cm) of line remains attached to the hook. Mobulid rays must be
released without removing the ray from the water. No mobulid ray may be
gaffed.
* * * * *
0
4. In Sec. 635.22, add paragraph (g) to read as follows:
Sec. 635.22 Recreational retention limits.
* * * * *
(g) Mobulid rays. No mobulid ray, a whole carcass or part thereof,
may be retained, landed, or stored by a vessel
[[Page 41030]]
issued or required to be issued a permit for HMS under Sec. 635.4.
* * * * *
0
5. In Sec. 635.24, add paragraph (d) to read as follows:
Sec. 635.24 Commercial retention limits for sharks, swordfish, and
BAYS tunas.
* * * * *
(d) Mobulid rays. No mobulid ray, a whole carcass or part thereof,
may be retained, transshipped, landed, or stored by a vessel issued or
required to be issued a permit for HMS under Sec. 635.4.
* * * * *
0
6. In Sec. 635.31, add paragraph (e) to read as follows:
Sec. 635.31 Restrictions on sale and purchase.
* * * * *
(e) Mobulid rays. Persons may not sell or purchase any mobulid ray,
a whole carcass or part thereof, that was caught by a vessel issued or
required to be issued a permit for HMS under Sec. 635.4.
* * * * *
0
7. In Sec. 635.71, add paragraphs (a)(63) and (64) to read as follows:
Sec. 635.71 Prohibitions.
* * * * *
(a) * * *
(63) Retain, transship, land, store, sell, or purchase any mobulid
ray, a whole carcass or part thereof, as specified in Sec.
635.21(a)(5), Sec. 635.22(g), Sec. 635.24(d), and Sec. 635.31(e).
(64) Release a mobulid ray with more than 3 feet (91.4 cm) of
trailing gear, remove a mobulid ray from the water, or gaff a mobulid
ray, as specified in Sec. 635.21(c)(7).
* * * * *
[FR Doc. 2025-16158 Filed 8-21-25; 8:45 am]
BILLING CODE 3510-22-P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.