Comment from Cargile, Amanda

The Rices whale is a unique species of whale that warrants continued protection under the Endangered Species Act because of its extremely small population, restricted habitat in the Gulf of Mexico, and ongoing human-caused threats. With scientific data indicating that the Rice's whale is one of the most endangered whales with only 51 individuals alive today, it is the exact situation the ESA was designed to combat. It would be tragic to lose these whales less than a decade after the species was identified. This tragedy is entirely preventable. The best available science has confirmed that Rices whales are genetically, morphologically, and behaviorally distinct, supporting their recognition as a unique species requiring specific conservation measures. [References: A new species of baleen whale (Balaenoptera) from the Gulf of Mexico, with a review of its geographic distribution (2021), doi:10.1111/mms.12776; Critically endangered Rices whales (Balaenoptera ricei) selectively feed on high-quality prey in the Gulf of Mexico (2023), doi:10.1038/s41598-023-33905-6; Rice's whale occurrence in the western Gulf of Mexico from passive acoustic recordings (2024), doi:10.1111/mms.13109; A density surface model describing the habitat of the Critically Endangered Rices whale Balaenoptera ricei in the Gulf of Mexico (2024), doi:10.3354/esr01324; Biological findings from a newly developed photo-identification catalog for the critically endangered Rices whale (Balaenoptera ricei) (2025), doi:10.1371/journal.pone.0331010] Rices whales live in marine areas that, while once were safe and quiet, now overlap extensively with major shipping lanes, offshore energy development, seismic surveying, and other industrial activities, exposing them to vessel strikes, pollution, and chronic acoustic disturbance. Vessel strikes are a documented threat, as illustrated by the whale known as Lucky, an individual bearing a prominent vessel-strike scar. Underwater noise is particularly concerning because Rices whales rely on low-frequency sound for communication, navigation, and foraging, yet industrial noise can mask these signals and disrupt essential behaviors. Although quieter technologies have been available for years and are considered technically feasible, they have not been widely adopted by the offshore oil and gas industry despite their potential to substantially reduce harmful noise exposure. The 2010 Deepwater Horizon oil spill further underscored the vulnerability of Gulf whale populations to industrial disasters, with scientists concluding that oil exposure, prey loss, and ecosystem disruption likely caused long-term population-level impacts. [References: NPR Investigations - Only 51 of these U.S. whales remain. Little has been done to prevent their extinction (2023); Effects of marine seismic surveys on free-ranging fauna: a systematic literature review (2023) doi:10.3389/fmars.2023.1222523; Sound characterization and marine mammal impact assessment of a marine vibroseis source in a shallow, near-shore environment (2026), doi:10.1121/10.0043144; A decade of declines in toothed whale densities following the Deepwater Horizon oil spill (2024), doi:10.1038/s43247-024-01920-8] In 2016, NOAA scientists conducted a formal Status Review of these very whales (Status review of Bryde's whales (Balaenoptera edeni) in the Gulf of Mexico under the Endangered Species Act (2016), doi:10.7289/V5/TM-SEFSC-692). With the limited data at the time, they were classified as a subspecies of Brydes whale. Nonetheless, even ten years ago, marine biology experts determined this group of whales was unique and at such risk of extinction that they deserved full protections under the Endangered Species Act. With the additional robust data available in 2026, there is no justifiable reason to remove status and protections from this uniquely Gulf species. The best available science strongly supports maintaining and strengthening ESA protections, along with precautionary management of industrial activities and expanded research and monitoring efforts to prevent extinction and support recovery of this unique Gulf whale.