Comment from Healthy Gulf

Re: Rice’s Whale Species Status Review, NOAA-NMFS-2026-1222-001 I’m writing to ask you to support the integrity of the scientific process that guides the protection and recovery of the Rice’s whale. When designated as a new species in 2021, federal scientists used two independent lines of research to make that determination. One is the shape of the whale’s skull, which includes three separate anatomical features that differentiate Rice’s whales from other whales. The other is genetics, which found that Rice’s whales diverged from their relatives some 3 million years ago. Section 4(a)(1) of the Endangered Species Act requires that a status review determine whether a species is an endangered or threatened species because of any of several factors. In the case of Rice’s whales, those include: “The present or threatened destruction, modification, or curtailment of its habitat or range” More leasing leads to more drilling, which threatens to harm Rice’s whales and curtail their habitat in three distinct ways: seismic surveys and drilling operations for oil and gas generate ocean noise; vessel traffic creates a risk of vessel strike, and oil spills and cleanup response can harm whales through noise, vessel strikes, and direct harm to whales from oil and dispersants. NMFS estimates that the 2010 BP disaster led to a 22% decline in the population of Rice’s whales. At present, there are around 3,200 oil and gas platforms and facilities offshore from the Gulf states. Many are located inside of or close enough to the draft critical habitat for Rice’s whales to create a number of threats. The destruction and curtailment of essential habitat by proposed offshore drilling presents a significant threat. In November 2025, the Department of the Interior proposed a National OCS Oil and Gas Leasing Program 2027-2031 that includes dramatically accelerated leasing in the Gulf. The Program proposes 7 lease sales, a large expansion over the previous plan. It also proposes drilling in the eastern planning area, inside and adjacent to the Rice’s whale draft critical habitat. This would be a direct threat to the whales as the eastern Gulf is the quietest and least industrialized portion of the Gulf, functioning as a de facto refuge for the whales. Finally, the March 2026 decision by the Endangered Species Committee created an unprecedented blanket-exemption for the oil and gas industry. This will have a direct impact on the whale population as development proceeds without existing safeguards for the species. Existing laws are not sufficiently enforced to protect Rice’s whales from extinction. In the case of offshore drilling, an independent review in 2024 by the Government Accountability Office found that, “The Department of the Interior's Bureau of Safety and Environmental Enforcement (BSEE) does not effectively ensure that industry operators meet decommissioning deadlines for offshore wells and platforms at the end of their useful lives.” GAO reported that more than 2,700 wells and 500 platforms were overdue for decommissioning in the Gulf. These wells present an ongoing threat for leaks and catastrophic spills. The federal government’s own May 2025 “biological opinion” on oil and gas drilling in the Gulf found that those operations will lead to extinction for the whales if protective actions are not taken. Despite this, Rice’s whales are not afforded any special protections beyond the minimum requirements of the Marine Mammal Protection Act and Endangered Species Act. The critical habitat for Rice’s whales is scheduled for delivery in 2027, following delays that have curtailed possible protective measures under ESA Section 7 consultation. There is no recovery plan for the whales, which is needed to specifically outline the actions needed for recovery. There are also no special measures in place to protect Rice’s whales from documented threats. The science supports the Rice’s Whale as a distinct species and one in need of full ESA protections. Sincerely, Below Commenters