Federal Register / Vol. 88, No. 224 / Wednesday, November 22, 2023 / Rules and Regulations 81351 

■ 2. In § 73.622 (j), amend the Table of 

TV Allotments under Nevada by 

revising the entry for Winnemucca to 

read as follows: 

§ 73.622 Digital television table of 

allotments. 

* * * * * 

(j) * * * 

Community Channel No. 

* * * * * 

Nevada 

* * * * * 

Winnemucca ......................... 16 

* * * * * 

[FR Doc. 2023–25394 Filed 11–21–23; 8:45 am] 

BILLING CODE 6712–01–P 

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. 

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 


khammond on DSKJM1Z7X2PROD with RULES
81352 Federal Register / Vol. 88, No. 224 / Wednesday, November 22, 2023 / Rules and Regulations 

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 lowincome 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/finalrule-list-giant-manta-ray-threatenedunder-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 

■ 1. The authority citation for part 223 

is revised to read as follows: 

Authority: 16 U.S.C. 1531 1543; subpart B, 

§ 223.201–202 also issued under 16 U.S.C. 

1361 et seq.; 16 U.S.C. 5503(d) for 

§ 223.206(d)(9). 

■ 2. In § 223.102, amend the table in 

paragraph (e), under the heading 

‘‘Fishes’’ by revising the entry for ‘‘Ray, 

giant manta’’ to read as follows: 

§ 223.102 Enumeration of threatened 

marine and anadromous species. 

* * * * * 

(e) * * * 

Species 1

Citation(s) for listing 

determination(s) Critical habitat ESA rules 

Common name Scientific name Description of listed entity 

* * * * * * * 

FISHES

* * * * * * * 

Ray, giant manta ............. Mobula birostris ............... Entire species ................. 83 FR 2916, Jan. 22, 

2018.

NA NA 


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Federal Register / Vol. 88, No. 224 / Wednesday, November 22, 2023 / Rules and Regulations 81353 

Species 1

Citation(s) for listing 

determination(s) Critical habitat ESA rules 

Common name Scientific name Description of listed entity 

* * * * * * * 

[FR Doc. 2023–25822 Filed 11–21–23; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 231101–0256; RTID 0648– 

XD532] 

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; ReOpening of Commercial Fishery for 

Golden Tilefish in the South Atlantic 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; re-opening. 

SUMMARY: NMFS announces the reopening of the commercial sector for 

golden tilefish in the exclusive 

economic zone (EEZ) of the South 

Atlantic. The 2023 commercial annual 

catch limits (ACLs) for the hook-andline and longline components have 

recently increased through a separate 

rule. Therefore, NMFS re-opens the 

hook-and-line and longline components 

of the commercial sector for golden 

tilefish in the South Atlantic EEZ to 

allow the commercial ACL to be caught 

while increasing the corresponding 

benefit to the Nation with respect to 

providing food production. 

DATES: This temporary rule is effective 

from December 7, 2023, through 

December 31, 2023. 

FOR FURTHER INFORMATION CONTACT: 

Mary Vara, NMFS Southeast Regional 

Office, telephone: 727–824–5305, email: 

mary.vara@noaa.gov. 

SUPPLEMENTARY INFORMATION: The 

snapper-grouper fishery of the South 

Atlantic includes golden tilefish and is 

managed under the Fishery 

Management Plan for the SnapperGrouper Fishery of the South Atlantic 

Region (FMP). The FMP was prepared 

by the South Atlantic Fishery 

Management Council (Council) and 

NMFS. The FMP is implemented by 

NMFS under the authority of the 

Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act) by regulations 

at 50 CFR part 622. All weights 

described in this temporary rule are in 

gutted weight. 

The commercial sector for golden 

tilefish is composed of the hook-andline and longline components, each 

with individual catch limits. Under the 

commercial accountability measures 

(AMs) for golden tilefish at 50 CFR 

622.193(a)(1)(i) and (ii), NMFS is 

required to close each commercial 

component for golden tilefish when the 

applicable commercial quota specified 

under 50 CFR 622.190(a)(2)(ii) or (iii) is 

reached or is projected to be reached 

through a notification in the Federal 

Register. Earlier in the 2023 fishing 

year, NMFS determined separately that 

the commercial component quotas for 

golden tilefish in the South Atlantic 

were reached, and closed the hook-andline component on October 31 (88 FR 

74066, October 30, 2023) and closed the 

longline component on April 7 (88 FR 

20079, April 5, 2023) for the rest of 2023 

as required by the commercial AMs [50 

CFR 622.193(a)(1)(i) and (ii)]. 

Also earlier in the 2023 fishing year, 

NMFS determined that the golden 

tilefish recreational sector reached its 

ACL, and NMFS closed the sector as 

required by the recreational AMs for the 

rest of 2023 (50 CFR 622.193(a)(2)(i); 88 

FR 45369, July 17, 2023). 

On November 7, 2023, NMFS 

published the final rule to implement 

Amendment 52 to the FMP, and that 

final rule is effective on December 7, 

2023 (88 FR 76696). Among other 

management measures, Amendment 52 

and the final rule increased the total 

ACL for golden tilefish in the South 

Atlantic EEZ. For the 2023 fishing year, 

the total ACL is 435,000 lb (197,313 kg). 

The total ACL is divided between the 

commercial and recreational sectors, 

and the commercial ACL for golden 

tilefish is allocated 25 percent to the 

hook-and-line component and 75 

percent to the longline component. The 

final rule to implement Amendment 52 

increased the component ACLs, which 

are equivalent to the component quotas, 

based on the higher commercial ACL. In 

the 2023 fishing year, the hook-and-line 

component quota is 105,161 lb (47,700 

kg) and the longline component quota is 

315,484 lb (143,101 kg). 

The final rule for Amendment 52 also 

increased the recreational ACL for 

golden tilefish to 2,559 fish for the 2023 

fishing year. However, the most recent 

recreational landings data of South 

Atlantic golden tilefish indicate that the 

recently increased recreational ACL for 

2023 has already been reached. 

Therefore, NMFS will not reopen the 

recreational harvest of golden tilefish in 

the South Atlantic during the 2023 

fishing year. 

In accordance with 50 CFR 622.8(c), 

NMFS re-opens the commercial hookand-line and longline components for 

golden tilefish on December 7, 2023. 

The commercial components will 

remain open through the rest of the 

2023 fishing year ending on December 

31, 2023, to allow for the commercial 

ACL to be reached. NMFS has 

determined that this re-opening will 

allow for an additional opportunity to 

commercially harvest the increased 

hook-and-line and longline component 

quotas for golden tilefish in 2023 while 

also increasing the corresponding 

benefit to the Nation with respect to 

providing food production. 

Classification 

NMFS issues this action pursuant to 

section 305(d) of the Magnuson-Stevens 

Act. This action is required by 50 CFR 

622.8(c), issued pursuant to section 

304(b), and is exempt from review 

under Executive Order 12866. 

Pursuant to 5 U.S.C. 553(b)(B), there 

is good cause to waive prior notice and 

an opportunity for public comment on 

this action, as notice and comment is 

unnecessary and contrary to the public 

interest. Such procedures are 

unnecessary and contrary to public 

interest because the regulations 

associated with the increased harvest 

levels and reopening of golden tilefish 

commercial components have already 

been subject to notice and public 

comment, and all that remains is to 

notify the public of the commercial 

reopening. 

For the reasons stated earlier, the 

Assistant Administrator for Fisheries 

also finds good cause to waive the 30- 

day delay in the effectiveness of this 

action under 5 U.S.C. 553(d)(3). 

Authority: 16 U.S.C. 1801 et seq. 

Dated: November 17, 2023. 

Kelly Denit, 

Director, Office of Sustainable Fisheries, 

National Marine Fisheries Service. 

[FR Doc. 2023–25821 Filed 11–17–23; 4:15 pm] 

BILLING CODE 3510–22–P 


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