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DOC/NOAA RIN: 0648-BN07 Publication ID: Fall 2024 
Title: Endangered and Threatened Wildlife and Plants; Protective Regulations for the Giant Manta Ray (Mobula birostris) 
Abstract:

We propose protective regulations under section 4(d) of the Endangered Species Act (ESA) for the conservation of the giant manta ray (Mobula birostris). The prohibitions listed under section 9(a)(1) of the ESA automatically apply when a species is listed as endangered. In the case of a species listed as threatened, the first sentence of section 4(d) provides that the Secretary of Commerce (Secretary) shall issue such regulations as deemed necessary and advisable to provide for the conservation of the species. The second sentence of section 4(d) states that the Secretary may by regulation prohibit with respect to any threatened species any or all acts prohibited under section 9(a)(1). The final rule to list the giant manta ray as a threatened species under the ESA was published on January 22, 2018, and became effective February 21, 2018 (83 FR 2916). Protective regulations for the species were not adopted at that time. Since the publication of the final rule, new information has revealed that giant manta ray bycatch occurs in many U.S. fisheries, including likely high levels of at-vessel and post-release mortality. While the most significant threat to the giant manta ray is overutilization primarily by artisanal fisheries operating in areas outside of U.S. jurisdiction, we are proposing to apply the section 9 prohibitions to the species to reduce and mitigate fisheries-related mortality resulting from bycatch in U.S. fisheries. We are proposing limited exceptions to the prohibitions for scientific research and emergency response and salvage activities.

 
Agency: Department of Commerce(DOC)  Priority: Substantive, Nonsignificant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 50 CFR 223   
Legal Authority: 16 U.S.C. 1533   
Legal Deadline:  None
Timetable:
Action Date FR Cite
NPRM  03/00/2025 
Regulatory Flexibility Analysis Required: YES  Government Levels Affected: Federal, State 
Small Entities Affected: Businesses  Federalism: No 
Included in the Regulatory Plan: No 
International Impacts: This regulatory action will be likely to have international trade and investment effects, or otherwise be of international interest.
RIN Data Printed in the FR: Yes 
Agency Contact:
Kim Damon-Randall
Director, Office of Protected Resources
Department of Commerce
National Oceanic and Atmospheric Administration
1315 East-West Highway,
Silver Spring, MD 20910
Phone:301 427-8400
Email: kimberly.damon-randall@noaa.gov