Rule2023-25822
Endangered and Threatened Wildlife and Plants; Technical Correction for the Giant Manta Ray
Primary source
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Published
November 22, 2023
Effective
January 22, 2024
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
We, NMFS, announce the revised taxonomy of Manta birostris (giant manta ray) under the Endangered Species Act of 1973, as amended (ESA). We are revising the Enumeration of threatened marine and anadromous species for the giant manta ray to reflect the scientifically accepted taxonomy and nomenclature of this species. We revise the scientific name of the species to Mobula birostris. 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 88 Issue 224 (Wednesday, November 22, 2023)</title>
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[Federal Register Volume 88, Number 224 (Wednesday, November 22, 2023)]
[Rules and Regulations]
[Pages 81351-81353]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-25822]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 223
[Docket No. 231116-0271; RTID 0648-XR131]
Endangered and Threatened Wildlife and Plants; Technical
Correction for the Giant Manta Ray
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Direct final rule.
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SUMMARY: We, NMFS, announce the revised taxonomy of Manta birostris
(giant manta ray) under the Endangered Species Act of 1973, as amended
(ESA). We are revising the Enumeration of threatened marine and
anadromous species for the giant manta ray to reflect the
scientifically accepted taxonomy and nomenclature of this species. We
revise the scientific name of the species to Mobula birostris. 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 January 22, 2024 without further action,
unless significant adverse comment is received by December 22, 2023. 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 on this document, identified by
NOAA-NMFS-2023-0141, by the following method:
<bullet> Electronic Submission: 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-2023-0141 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).
FOR FURTHER INFORMATION CONTACT: Maggie Miller, NMFS, Office of
Protected Resources, (301) 427-8457.
SUPPLEMENTARY INFORMATION:
Purpose of This Rule
The purpose of our direct final rule is to notify the public that
we are revising the Enumeration of threatened marine and anadromous
species (50 CFR 223.102(e)) to reflect the scientifically accepted
taxonomy and nomenclature of one fish species, the giant manta ray,
listed under section 4 of the ESA (16 U.S.C. 1531 et seq.). The change
reflects the most recently accepted scientific name in accordance with
50 CFR 223.102(b).
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 223.102(e).
Background
Under 50 CFR 223.102(b), we use the most recently accepted
scientific name of any species that we have determined to be threatened
under the ESA. The ESA likewise requires that listing decisions be
based solely on the best scientific and commercial data available (see
16 U.S.C. 1533(b)(1)(A)). Using the best available scientific
information, our direct final rule documents a taxonomic change
(scientific name) to the giant manta ray. This change is supported by a
study published in a peer-reviewed journal as well as acceptance by
scientists and a number of national and international renowned
organizations. We revise the scientific name of the giant manta ray
listed under section 4 of the ESA (16 U.S.C. 1531 et seq.) as follows:
Mobula birostris. We make this change to the Enumeration of threatened
marine and anadromous species (50 CFR 223.102(e)) to reflect the most
recently accepted scientific name in accordance with 50 CFR 223.102(b).
Taxonomy Classification
Mobula Birostris
The scientific name change to Mobula birostris (giant manta ray)
from Manta birostris is supported by genetic and morphological evidence
(White et al. 2018). White et al. (2018) used molecular data from giant
manta ray muscle tissues in Indonesia and the Philippines to describe
the relationship of this species to ten other mobulid rays. Results
from the phylogenetic analysis identified giant manta rays, as well as
reef manta rays (previously Manta alfredi), to be nested within the
genus Mobula, forming a sister relationship with Mobula mobular (White
et al. 2018). Prior to this comprehensive genetic analysis, both manta
rays were considered to be under a separate genus, Manta, as they both
had a distinct morphological character--a terminal mouth. The other
mobulid rays, under the genus Mobula, all had subterminal
[[Page 81352]]
mouths. However, the mitochondrial genome and nuclear exon data show
the inclusion of Manta under the genus Mobula, suggesting the terminal
mouth is a derived character within Mobula (White et al. 2018).
Additionally, White et al. (2018) point out that another morphological
character, the spiracle position relative to the plane of the disc, is
dorsal for the manta rays but also for the sister species, Mobula
mobular, whereas the remaining smaller Mobula species have it located
ventrally. As such, this morphological distinction also supports the
finding of the genetic analysis that M. birostris forms a clade with M.
mobular. Based on this study, many scientists have accepted the
taxonomic change for giant manta rays and used the updated taxonomy in
recent research publications (e.g., Cabral et al. 2023; Carpenter et
al. 2023; Garzon et al. 2023; Rambahiniarison et al. 2023).
Additionally, many national and international organizations have
adopted the taxonomy, including the American Fisheries Society,
Eshmeyer's Catalog of Fishes, FishBase, the International Union for
Conservation of Nature, the Food and Agriculture Organization of the
United Nations, and the Convention on International Trade in Endangered
Species of Wild Fauna and Flora.
NMFS, therefore, recognizes the taxonomic change and is making
technical revisions to 50 CFR 223.102(e) to reflect the most recently
accepted scientific name based on the best available scientific
information about the listed species. Once the changes to 50 CFR
224.102(3) take effect, the taxonomic change will be incorporated into
all new NMFS publications pertaining to the species. This species will
continue to be listed as threatened 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 223.102(e) 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 is technical
and reflects decisions already taken in the scientific community. This
rule does not change the listing status of the giant manta ray 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 (E.O.)
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 E.O. 13132. Policies that have federalism
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 the Office of Management and Budget 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 a taxonomic change relative to a previous
listing determination under the ESA to reflect the most recently
accepted scientific name based on the best available scientific
information about the species' taxonomy and nomenclature. NMFS has
concluded that the 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 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
A complete list of references is available on our website at:
<a href="https://www.fisheries.noaa.gov/action/final-rule-list-giant-manta-ray-threatened-under-endangered-species-act">https://www.fisheries.noaa.gov/action/final-rule-list-giant-manta-ray-threatened-under-endangered-species-act</a>.
List of Subjects in 50 CFR Part 223
Endangered and threatened species.
Dated: November 16, 2023.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, NMFS amends 50 CFR part
223 as follows:
PART 223--THREATENED MARINE AND ANADROMOUS SPECIES
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1. The authority citation for part 223 is revised to read as follows:
Authority: 16 U.S.C. 1531 1543; subpart B, Sec. 223.201-202
also issued under 16 U.S.C. 1361 et seq.; 16 U.S.C. 5503(d) for
Sec. 223.206(d)(9).
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2. In Sec. 223.102, amend the table in paragraph (e), under the
heading ``Fishes'' by revising the entry for ``Ray, giant manta'' to
read as follows:
Sec. 223.102 Enumeration of threatened marine and anadromous species.
* * * * *
(e) * * *
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Species \1\
--------------------------------------------------------------- Citation(s) for Critical
Description of listing habitat ESA rules
Common name Scientific name listed entity determination(s)
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* * * * * * *
Fishes
* * * * * * *
Ray, giant manta............ Mobula Entire species. 83 FR 2916, Jan. NA NA
birostris. 22, 2018.
[[Page 81353]]
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[FR Doc. 2023-25822 Filed 11-21-23; 8:45 am]
BILLING CODE 3510-22-P
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</html>Indexed from Federal Register on November 22, 2023.
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