Notice2026-08663
Endangered and Threatened Species; Initiation of a Status Review for the Rice's Whale and Request for Information
Primary source
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Published
May 5, 2026
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
We, NMFS, announce the initiation of a status review of the Rice's whale (Balaenoptera ricei) under the Endangered Species Act of 1973 (ESA). A status review is a periodic undertaking conducted to ensure that the listing classification of a species is accurate and determine whether the species should be removed from the list (delisted); be changed in status from an endangered species to a threatened species (downlisted); or remain listed. A status review must be based on the best scientific and commercial data available at the time of the review. Therefore, we are requesting submission of any such information on the Rice's whale that has become available since the last status review was conducted in 2016.
Full Text
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<title>Federal Register, Volume 91 Issue 86 (Tuesday, May 5, 2026)</title>
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[Federal Register Volume 91, Number 86 (Tuesday, May 5, 2026)]
[Notices]
[Pages 24205-24206]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-08663]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XF685]
Endangered and Threatened Species; Initiation of a Status Review
for the Rice's Whale and Request for Information
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of initiation of a status review; request for
information.
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SUMMARY: We, NMFS, announce the initiation of a status review of the
Rice's whale (Balaenoptera ricei) under the Endangered Species Act of
1973 (ESA). A status review is a periodic undertaking conducted to
ensure that the listing classification of a species is accurate and
determine whether the species should be removed from the list
(delisted); be changed in status from an endangered species to a
threatened species (downlisted); or remain listed. A status review must
be based on the best scientific and commercial data available at the
time of the review. Therefore, we are requesting submission of any such
information on the Rice's whale that has become available since the
last status review was conducted in 2016.
DATES: We must receive your information no later than July 6, 2026.
ADDRESSES: You may submit your information electronically via the
Federal eRulemaking Portal. Go to <a href="https://www.regulations.gov">https://www.regulations.gov</a> and enter
NOAA-NMFS-2026-1222 in the Search box. Click on the ``Comment'' icon,
complete the required fields, and enter or attach your comments.
Instructions: Information 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 information received is part of the
public record and will generally be posted for public viewing on <a href="http://www.regulations.gov">http://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).
The 2016 status review and previous rulemaking documents related to
the listing of the species can be obtained electronically on our
website at: <a href="https://www.fisheries.noaa.gov/species/rices-whale#conservation-management">https://www.fisheries.noaa.gov/species/rices-whale#conservation-management</a>.
FOR FURTHER INFORMATION CONTACT: Clay George, NMFS Southeast Region,
(912) 766-0087.
SUPPLEMENTARY INFORMATION: This notice announces our initiation of a
status review of the Rice's whale under section 4(b)(1)(A) of the ESA
(16 U.S.C. 1533(b)(1)(A)). Section 4(c)(1) requires the maintenance of
a list of endangered and threatened wildlife and plant species (16
U.S.C. 1533(c)(1)). And under section 4(c)(2), the Secretary shall
conduct, at least once every five years, a review of a listed species
and consider, among other things, whether a species' listing status
should be changed (16 U.S.C. 1533(c)(2)). Based upon this status review
process, the Secretary determines whether any such species should be
removed from the list (delisted); changed in status from an endangered
species to a threatened species (downlisted); or changed in status from
a threatened species to an endangered species (uplisted). Each
determination must be made in accordance with the requirements and
standards provided in section 4(a) and (b) of the ESA. Specifically,
section 4(a)(1) requires us to determine whether any species is an
endangered or threatened species because of any one of the following
factors: (1) the present or threatened destruction, modification, or
curtailment of its habitat or range; (2) overutilization for
commercial, recreational, scientific, or educational purposes; (3)
disease or predation; (4) the inadequacy of existing regulatory
mechanisms; or (5) other natural or manmade factors affecting its
continued existence (16 U.S.C. 1533(a)(1)(A)-(E)). Section 4(b)(1)(A)
of the ESA requires us to make this determination based solely on the
best scientific and commercial data available at the time of the review
and after taking into account efforts to protect the species (16 U.S.C.
1533(b)(1)(A)).
Moreover, pursuant to implementing regulations at 50 CFR 424.11(c),
a species shall be reclassified if we determine, on the basis of the
best scientific and commercial data available after conducting a status
review, that the species meets the definition of an endangered species
or a threatened species because of any one or a combination of the five
factors set forth above. And under 50 CFR 424.11(e), a species shall be
delisted if we determine, after conducting a status review based on the
best scientific and commercial data available, and according to the
above factors and standards, that: (1) the species is extinct; (2) the
species has recovered to the point at which it no longer meets the
definition of an endangered species or a threatened species; (3) new
information that has become available since the original listing
decision shows the listed entity does not meet the definition of an
endangered species or a threatened species; or (4) new information that
has become available since the original listing decision shows the
listed entity does not meet the definition of a species.
The regulations at 50 CFR 424.21 require that we publish a notice
in the Federal Register announcing those species currently under active
review. Accordingly, this notice announces a review of the Rice's
whale, which is currently listed as an endangered species. After
reviewing all information, we will publish our final determination on
the NMFS website: https://
[[Page 24206]]
www.fisheries.noaa.gov/species/rices-whale#conservation-management. Any
recommended change (i.e., delisting or reclassification) would require
a separate rulemaking process.
Background
Rice's whale was initially listed in 2019 under the ESA as an
endangered subspecies of the Bryde's whale, Balaenoptera edeni (Gulf of
America subspecies (referred to as the Gulf of Mexico subspecies in 84
FR 15446, April 15, 2019)). The listing was finalized after completing
a status review (Rosel et al., 2016) in response to a petition from the
Natural Resources Defense Council, and after considering the best
scientific and commercial data available, including the 2016 status
review and comments received on the proposed listing rule (81 FR 88639,
December 8, 2016). The subspecies was listed as endangered due to its
small population size and restricted range (the Gulf of America), and
exposure to numerous threats. In 2021, the Society for Marine Mammalogy
reclassified these whales as a species and renamed them ``Rice's
whale'' to reflect new evidence described in Rosel et al. (2021). On
August 23, 2021, NMFS published a final rule that revised the ESA
listing to ``Rice's whale'' to reflect the change in the scientifically
accepted taxonomy and nomenclature (86 FR 47022, August 23, 2021). The
ESA defines the term ``species'' to include any subspecies and any
distinct population segment of any species. (16 U.S.C. 1532(16)).
Therefore, the taxonomic reclassification from a subspecies to species
had no effect on the whales' endangered status under the ESA.
Public Solicitation of New Information
To ensure that the status review is based on the best scientific
and commercial data available, we are soliciting new information from
the public, relevant governmental agencies, tribes, the scientific
community, industry, environmental entities, and any other interested
parties concerning the status of Rice's whale.
Categories of requested information include: (1) species biology
including, but not limited to, population trends, distribution,
abundance, demographics, and genetics; (2) habitat conditions
including, but not limited to, amount, distribution, and suitability;
(3) conservation measures that have been implemented that benefit the
species; (4) status and trends of threats; and (5) other new data
regarding Rice's whales that have become available since December 2016.
If you wish to provide your information for this status review,
please submit it as described in the ADDRESSES section above. We
request that all information be accompanied by: (1) supporting
documentation such as maps, bibliographic references, or reprints of
pertinent publications; and (2) the submitter's name, address, and any
association, institution, or business that the person represents. While
we accept new information about any listed species at any time,
information received after the date stated above may not be considered
for the purposes of this review.
(Authority: 16 U.S.C. 1531 et seq.)
Dated: April 30, 2026.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2026-08663 Filed 5-4-26; 8:45 am]
BILLING CODE 3510-22-P
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</html>Indexed from Federal Register on May 5, 2026.
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