[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 [www.gpo.gov]
[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:
     Electronic Submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. Go to https://www.regulations.gov 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 
https://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. 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: 
https://www.fisheries.noaa.gov/action/final-rule-list-giant-manta-ray-threatened-under-endangered-species-act.

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

0
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).


0
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.
 

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[FR Doc. 2023-25822 Filed 11-21-23; 8:45 am]
BILLING CODE 3510-22-P