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Federal Register / Vol. 86, No. 160 / Monday, August 23, 2021 / Rules and Regulations Barb Zoodsma, NMFS, Southeast Regional Office, 727 8245312; or Lisa Manning, NMFS, Office of Protected Resources 301 4278466.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:

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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 224.101h 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 Brydes whale Gulf of Mexico subspecies. The changes reflect the most recently accepted scientific name in accordance with 50 CFR 224.101e.
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 224.101h.
Background Under 50 CFR 224.101e, 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
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best scientific and commercial data available. 16 U.S.C. 1533b1A. Using the best available scientific information, our direct final rule documents a change to the taxonomy and nomenclature of the Brydes 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 Rices 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 224.101h to reflect the most recently accepted scientific name in accordance with 50 CFR
224.101e.
Taxonomy Classification Balaenoptera ricei The scientific name change to Balaenoptera ricei Rices whale from Balaenoptera edeni is supported by genetic and morphological evidence Rosel et al., 2021, which indicate that the Brydes whale Gulf of Mexico subspecies; referred to as Brydes-like whales by Rosel et al., 2021 are a previously unnamed species. Rosel et al. 2021 used molecular data from Brydes-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 Brydeslike whales from the Gulf of Mexico as a unique lineage separated from Brydes whales including subspecies thereof that are recognized by some researchers and from the sei whale and Omuras 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 Brydes-like whale from the Gulf of Mexico. This morphological analysis revealed distinctions in bone form and structure between Brydes-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
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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 Brydes-like whales in the Gulf of Mexico are a previously unnamed species. The Society for Marine Mammalogys Taxonomy Committee evaluated the Rosel et al. 2021 paper and agreed with the findings. As a result, the Committee now recognizes the Brydes whales in the Gulf of Mexico as a different species, Rices whale, Balaenoptera ricei. The taxonomic change for Rices 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 224.101h to reflect the best available scientific information about the listed species.
Once the changes to 50 CFR 224.101h 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 224.101h 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. 553bB. 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 Rices 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
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