Rule2021-17985
Endangered and Threatened Wildlife and Plants; Technical Corrections for the Bryde's Whale (Gulf of Mexico Subspecies)
Primary source
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Published
August 23, 2021
Effective
October 22, 2021
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
We, the NMFS, announce the revised taxonomy and common name of Balaenoptera edeni (unnamed subspecies; Bryde's Whale--Gulf of Mexico subspecies) under the Endangered Species Act of 1973, as amended (ESA). We are revising the Enumeration of endangered marine and anadromous species for Bryde's Whale--Gulf of Mexico subspecies, to reflect the scientifically accepted taxonomy and nomenclature of this species. We revise the common name to Rice's whale, the scientific name to Balaenoptera ricei, and the description of the listed entity to entire species. The changes to the taxonomic classification and nomenclature do not affect the species' listing status under the ESA or any protections and requirements arising from its listing.
Full Text
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<title>Federal Register, Volume 86 Issue 160 (Monday, August 23, 2021)</title>
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[Federal Register Volume 86, Number 160 (Monday, August 23, 2021)]
[Rules and Regulations]
[Pages 47022-47024]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-17985]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Parts 224
[Docket No. 210817-0163; RTID 0648-XR117]
Endangered and Threatened Wildlife and Plants; Technical
Corrections for the Bryde's Whale (Gulf of Mexico Subspecies)
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Direct final rule.
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SUMMARY: We, the NMFS, announce the revised taxonomy and common name of
Balaenoptera edeni (unnamed subspecies; Bryde's Whale--Gulf of Mexico
subspecies) under the Endangered Species Act of 1973, as amended (ESA).
We are revising the Enumeration of endangered marine and anadromous
species for Bryde's Whale--Gulf of Mexico subspecies, to reflect the
scientifically accepted taxonomy and nomenclature of this species. We
revise the common name to Rice's whale, the scientific name to
Balaenoptera ricei, and the description of the listed entity to entire
species. The changes to the taxonomic classification and nomenclature
do not affect the species' listing status under the ESA or any
protections and requirements arising from its listing.
DATES: This rule is effective October 22, 2021 without further action,
unless significant adverse comment is received by September 22, 2021.
If significant adverse comments are received, the NMFS will publish a
timely withdrawal of the rule in the Federal Register.
ADDRESSES: You may submit comments, information, or data on this
document, identified by NOAA-NMFS-2021-0078, by any of the following
methods:
<bullet> Electronic Submissions: Submit all electronic public
comments via the Federal e-Rulemaking Portal. Go to <a href="https://www.regulations.gov">https://www.regulations.gov</a> and enter NOAA-NMFS-2021-0078 in the Search box.
Click on the ``Comment'' icon, complete the required fields, and enter
or attach your comments.
<bullet> Mail: Submit written comments to Marine Mammal Branch
Chief, Protected Resources Division, Southeast Regional Office, NMFS
Protected Resources Division, 263 13th Avenue South, St. Petersburg, FL
33701.
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 us. 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. We will accept anonymous
comments (enter ``N/A'' in the required fields if you wish to remain
anonymous), although submitting comments anonymously will prevent us
from contacting you if we have difficulty retrieving your submission.
Attachments to electronic comments will be accepted in Microsoft Word,
Excel, or Adobe PDF file formats only.
[[Page 47023]]
FOR FURTHER INFORMATION CONTACT: Barb Zoodsma, NMFS, Southeast Regional
Office, (727) 824-5312; or Lisa Manning, NMFS, Office of Protected
Resources (301) 427-8466.
SUPPLEMENTARY INFORMATION:
Purpose of This Rule
The purpose of this direct final rule is to notify the public that
we are revising the Enumeration of endangered marine and anadromous
species (50 CFR 224.101(h)) to reflect the scientifically accepted
taxonomy and nomenclature of one mammal species listed under section 4
of the ESA (16 U.S.C. 1531 et seq.), the mammal currently enumerated as
Bryde's whale (Gulf of Mexico subspecies). The changes reflect the most
recently accepted scientific name in accordance with 50 CFR 224.101(e).
We are publishing this rule as a direct final rule because this is
a noncontroversial action that reflects decisions already taken in the
scientific community, such that prior notice and an opportunity to
comment is unnecessary. This rule does not change the listing status of
the species under the ESA and does not alter any protections afforded
the species or any other legal requirements arising from the species'
listing under the ESA. This change should be undertaken in as timely a
manner as possible. This rule will be effective, as published in this
document on the effective date specified in DATES, unless we receive
significant adverse comments on or before the comment due date
specified in DATES. Significant adverse comments are comments that
provide strong scientific justification as to why the taxonomic and
nomenclature changes to the enumeration of the listed entity should not
be adopted or why the rule should be changed. Please include sufficient
scientific information with your comments that will allow us to verify
the basis for any significant adverse comments.
If we receive significant adverse comments, we will publish a
notice in the Federal Register withdrawing this rule before the
effective date, and we will engage in notice and comment rulemaking
under the applicable requirements of the Administrative Procedure Act
to promulgate these changes to 50 CFR 224.101(h).
Background
Under 50 CFR 224.101(e), we use the most recently accepted
scientific name of any species that we have determined to be endangered
or threatened under the ESA. The ESA likewise requires that listing
decisions be based solely on the best scientific and commercial data
available. 16 U.S.C. 1533(b)(1)(A). Using the best available scientific
information, our direct final rule documents a change to the taxonomy
and nomenclature of the Bryde's whale (Gulf of Mexico subspecies).
These changes are supported by a study published in a peer-reviewed
journal and independent acceptance by the Society for Marine Mammalogy
Committee on Taxonomy. We revise the common name, scientific name, and
description of the species listed under section 4 of the ESA (16 U.S.C.
1531 et seq.) as follows: Common name is Rice's whale, scientific name
is Balaenoptera ricei, and description of the listed entity is the
entire species. We make these changes to the Enumeration of endangered
marine and anadromous species (50 CFR 224.101(h)) to reflect the most
recently accepted scientific name in accordance with 50 CFR 224.101(e).
Taxonomy Classification
Balaenoptera ricei
The scientific name change to Balaenoptera ricei (Rice's whale)
from Balaenoptera edeni is supported by genetic and morphological
evidence (Rosel et al., 2021), which indicate that the Bryde's whale
(Gulf of Mexico subspecies; referred to as Bryde's-like whales by Rosel
et al., 2021) are a previously unnamed species. Rosel et al. (2021)
used molecular data from Bryde's-like whales in the Gulf of Mexico to
better describe the relationship of this species to other whales in the
genus Balaenoptera. Phylogenetic analysis identifies Bryde's-like
whales from the Gulf of Mexico as a unique lineage separated from
Bryde's whales (including subspecies thereof that are recognized by
some researchers) and from the sei whale and Omura's whale (Rosel et
al., 2021). Following a stranding of an individual in 2019, Rosel et
al. (2021) performed the first morphological examination of an intact
specimen of Bryde's-like whale from the Gulf of Mexico. This
morphological analysis revealed distinctions in bone form and structure
between Bryde's-like whales from the Gulf of Mexico and other whales in
the genus Balaenoptera. The morphological distinctions and degree of
genetic divergence described are equivalent to or greater than levels
of molecular and morphological divergence between other, sister
Balaenoptera genera, and support divergence at the species level (Rosel
et al., 2021). A workshop on the taxonomy of cetaceans concluded that a
single line of evidence (e.g., genetic data or morphological data) was
sufficient to delimit cetacean subspecies while two independent lines
of evidence were necessary for delimiting species (Reeves et al.,
2004). Rosel et al. (2021) presented multiple lines of evidence
(genetic data and morphological data) that indicate that the Bryde's-
like whales in the Gulf of Mexico are a previously unnamed species. The
Society for Marine Mammalogy's Taxonomy Committee evaluated the Rosel
et al. (2021) paper and agreed with the findings. As a result, the
Committee now recognizes the Bryde's whales in the Gulf of Mexico as a
different species, Rice's whale, Balaenoptera ricei. The taxonomic
change for Rice's whale is catalogued in ZooBank, the official register
for the International Commission on Zoological Nomenclature, and has
been added to the official list of marine mammal species and subspecies
maintained bythe Society for Marine Mammalogy.
NMFS recognizes the taxonomic change and therefore is making
technical revisions to 50 CFR 224.101(h) to reflect the best available
scientific information about the listed species. Once the changes to 50
CFR 224.101(h) take effect, the taxonomic and nomenclature changes will
be incorporated into all new NMFS publications pertaining to the
species. This species will continue to be listed as endangered and is
subject to the same protections as existed prior to these changes. No
other aspect of the entry for this species in 50 CFR 224.101(h) will
change as a result of this rule.
Required Determinations
The Assistant Administrator for Fisheries finds that good cause
exists to waive the requirement for prior notice and opportunity for
public comment, pursuant to 5 U.S.C. 553(b)(B). Such procedures would
be unnecessary as the taxonomic change made in this rule are technical
and reflect decisions already taken in the scientific community. This
rule does not change the listing status of the Rice's whale under the
ESA, and therefore does not alter the legal protections afforded to the
species or any other requirements arising from its listing under the
ESA, or add any new requirements.
This action is not subject to review under Executive Order 12866.
Because a general notice of proposed rulemaking is not required, the
analytical requirements of the Regulatory Flexibility Act, 5 U.S.C.
601, et seq., are inapplicable.
This final rule does not contain policies with federalism
implications under Executive Order (E.O.) 13132. Policies that have
federalism
[[Page 47024]]
implications refers to regulations, legislative comments or proposed
legislation, and other policy statements or actions that have
substantial direct effects on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government. This final
rule does not have federalism implications; therefore, the agency did
not follow the additional consultation procedures outlined in E.O.
13132.
This rule does not contain any collections of information that
require approval by OMB under the Paperwork Reduction Act (44 U.S.C.
3501 et seq.). This rule will not impose recordkeeping or reporting
requirements on State or local governments, individuals, businesses, or
organizations.
E.O. 12898 requires that Federal actions address environmental
justice in the decision-making process. In particular, the
environmental effects of the actions should not have a disproportionate
effect on minority and low-income communities. This rule is not
expected to have a disproportionate effect on minority populations or
low-income populations.
This final rule makes taxonomic changes relative to a previous
listing determination under the ESA to reflect the best available
scientific information about the species' taxonomy and nomenclature.
NMFS has concluded that National Environmental Policy Act (NEPA) does
not apply to ESA listing actions, and we conclude that NEPA does not
apply to this correction to the description and identification of the
listed species to reflect the best available scientific information.
(See NOAA Administrative Order 216-6A and the Companion Manual for NOAA
Administrative Order 216-6A, regarding Policy and Procedures for
Compliance with the National Environmental Policy Act and Related
Authorities).
References Cited
Rosel, P.E., Wilcox, L.A., Yamada, T.K., Mullin, K.D. (2021). A new
species of baleen whale (Balaenoptera) from the Gulf of Mexico, with
a review of its geographic distribution. Marine Mammal Science, 1-
34.
List of Subjects in 50 CFR Part 224
Endangered and threatened species, Exports, Imports, Reporting and
Recordkeeping requirements, Transportation.
Dated: August 18, 2021.
Kelly Denit,
Acting Deputy Assistant Administrator for Regulatory Programs, National
Marine Fisheries Service.
For the reasons set out in the preamble, we amend part 224,
subchapter C of chapter II, title 50 of the Code of Federal
Regulations, as set forth below:
PART 224--ENDANGERED MARINE AND ANADROMOUS SPECIES
0
1. The authority citation for part 224 continues to read as follows:
Authority: 16 U.S.C. 1531-1543 and 16 U.S.C. 1361 et seq.
0
2. In Sec. 224.101, in paragraph (h), under ``Marine Mammals,'' remove
the entry for ``Whale, Bryde's (Gulf of Mexico subspecies)'' and add an
entry for ``Whale, Rice's'' in alphabetical order.
The addition reads as follows:
Sec. 224.101 Enumeration of endangered marine and anadromous
species.
* * * * *
(h) * * *
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Species \1\
-------------------------------------------------------------------------------- Citation(s) for
Description of listing Critical habitat ESA rules
Common name Scientific name listed entity determination(s)
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Marine Mammals
* * * * * * *
Whale, Rice's..................... Balaenoptera ricei... Entire Species...... 84 FR 15446, April NA..................... NA.
15, 2019.
* * * * * * *
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\1\ Species includes taxonomic species, subspecies, distinct population segments (DPSs) (for a policy statement, see 61 FR 4722, February 7, 1996), and
evolutionarily significant units (ESUs) (for a policy statement, see 56 FR 58612, November 20, 1991).
[FR Doc. 2021-17985 Filed 8-20-21; 8:45 am]
BILLING CODE 3510-22-P
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