Comment from Captain Paul Watson Foundation Chapter for Chicago and Illinois

With regards to the 5-year Endangered Species Act (ESA) status review for the Rice’s whales (Balaenoptera ricei) (91 FR 24205; NOAA-NMFS-2026-1222) announced on May 5, 2026 by the National Marine Fisheries Service (NMFS) of the U.S. National Oceanic and Atmospheric Administration (NOAA), the Captain Paul Watson Foundation (CPWF) Chapter for Chicago and Illinois urges the NMFS and NOAA to keep the Rice’s whales listed as Endangered Status under the ESA. Keeping them at that category is the only responsible course of action until total pre-human exploitation population recovery is achieved. The Rice’s whales are a species of baleen whale found exclusively year round in the Gulf of America (also known as the Gulf of Mexico). They have a restricted natural range within the Gulf itself (preferring waters with undersea canyons of depths between 100-400 meters deep) and migrate within the Gulf itself. It was only scientifically recognized as a distinct species in 2021. But previous scientific studies have also unequivocally demonstrated genetically these whales are a unique whale lineage, genetically far more unique than what is seen in sub-populations of another species or even subspecies. Patricia E. Rosel and Lynsey A. Wilcox (2014). Genetic evidence reveals a unique lineage of Bryde's whales in the northern Gulf of Mexico. Endangered Species Research. 25: 19–34. https://doi.org/10.3354/esr00606. Patricia E. Rosel, Lynsey A. Wilcox, Tadasu K. Yamada, and Keith D. Mullin (2021). A new species of baleen whale (Balaenoptera) from the Gulf of Mexico, with a review of its geographic distribution. Marine Mammal Science. 37(2): 577-610. https://doi.org/10.1111/mms.12776. Historically, the Rice’s whale’s population suffered a severe, sustained population decline due to whaling operations occurring within the Gulf between the 1760s-1877. Causing a genetic bottleneck which the population still suffers from. Today, a myriad of threats has resulted in the whales population to continue to decline. The current population is a fraction of its’s historic abundance, with reliable current population estimates ranging between only about 100-31 individuals. The current threats to the Rice’s whales continued survival are ship strikes, plastic pollution, the negative effects of human induced climate change, entanglement in discarded and/or active commercial fishing gear, underwater seismic airgun blasting within the Gulf, and the daily operations (including chronic small scale but daily spills of residue oil and gas) of oil and gas rigs, pipelines, terminals, and other related infrastructure within the Gulf. Oil and gas operations in the Gulf are the biggest of the aforementioned current threats, with large oil spills having historically wiped out large amounts of the species population. The tragic Deepwater Horizon oil spill of April 20, 2010 alone caused mortality rates to jump briefly to 17% and caused a maximum 22% decline of the Rice’s whale population at the time. NOAA’s own estimates from 2015 have stated it will take around 69 years in ideal conditions for the whales population to return to its pre-Deepwater Horizon size. Lori H. Schwacke, Lance P. Garrison, and Eric S. Zolman, et al. (2015). Models and Analyses for the Quantification of Injury to Gulf of Mexico Cetaceans from the Deepwater Horizon Oil Spill: DWH NRDA Marine Mammal Technical Working Group Report. National Oceanic and Atmospheric Administration (NOAA), US Fish and Wildlife Service (UFWS), Deepwater Horizon Marine Mammal Injury Quantification Team (DWH MMIQT). https://www.fws.gov/doiddata/dwh-ar-documents/876/DWH-AR0105866.pdf. Even the purported current population figure of 100 individuals might be an overly optimistic estimate. One of the most recent independent but peer reviewed population estimates of the species we are aware of comes from 2025 from a team of researchers who worked with the Cooperative Institute for Marine and Atmospheric Studies (CIMAS) of the University of Miami. The population estimate for the study was determined to be only between 31-51 Individuals total. Laura Aichinger Dias, Kevin P. Barry, L. P. Garrison, Jenny Litz, Lynsey A. Wilcox Talbot, Ruth Y. Ewing, et al. (2025). Biological findings from a newly developed photo-identification catalog for the critically endangered Rice’s whale (Balaenoptera ricei). PLoS One 20(9): e0331010. https://doi.org/10.1371/journal.pone.0331010. That all said, the species population is extremely critical. Any reduction in ESA protections at this crucial time via delisting or even downgrading to Threatened status would be catastrophic for the species and its recovery prospects. Though low, the Rice's whales population is still large enough where population recovery to pre-exploitation levels is still possible. We respectfully request the NMFS and NOAA follow the full intent of the ESA and keep the Rice's whales currently listed as Endangered.