[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 [www.gpo.gov]
[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:
     Electronic Submissions: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. Go to https://www.regulations.gov 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.
     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 
www.regulations.gov 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]
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