Comment from Mueller, Melinda

I am strongly opposed to any change in protections for Rice’s whale under both the Endangered Species Act and the Marine Mammals Protection Act. I am a biologist and recently retired biology instructor. This “request for information” is curiously timed, given that in March, 2026, The Endangered Species Committee granted an unprecedented exemption to all oil and gas operations in the Gulf of Mexico from the requirements of the Endangered Species Act, the first such exemption in the law’s 53-year history (“Trump’s Cabinet Condemns Rice’s Whale to Extinction.” Center for Biological Diversity, https://biologicaldiversity.org/w/news/press-releases/trumps-cabinet-condemns-rices-whale-to-extinction-2026-03-31/. Accessed 5 July 2026). Therefore, the most recent “information” I have about the status of Rice’s whale is that it’ protections, in its <only> habitat, were removed earlier this year by Trump administration fiat. "The Endangered Species Act sets forth a complex, multistep public process for the consideration of any exemptions to the law and requires the committee records to be available to the public. But the Trump committee bypassed all of these requirements and voted after just 32 minutes of discussion" (ibid). The loss of protection cannot be justified by any significantly improved status in the Rice’s whale species. NOAA’s own report <in May of this year> stated the following: “The species likely numbers fewer than 100 individuals, making it among the most endangered species of whale in the world. The most recent abundance estimate from 2017–2018 surveys in the eastern Gulf of America is approximately 50 individuals. Rice’s whales are one of the marine mammal species that was most heavily impacted by the Deepwater Horizon oil spill. A modeling study conducted after the spill estimated that 48 percent of Rice’s whale habitat in the eastern Gulf was exposed to oil. The population declined by as much as 22 percent compared to its pre-spill size. Few calves have been seen during surveys since 2010. There have been frequent observations of individual whales in poor body condition, suggesting there may be lingering effects on reproduction and population growth” (Fisheries, NOAA. Rice’s Whale: Spotlight | NOAA Fisheries. 5 May 2026, https://www.fisheries.noaa.gov/species/rices-whale/spotlight). The same report included the following additional facts: “The Gulf of America is highly industrialized and impacted by many human activities. These activities can pose risks to Rice’s whales and their habitat through: Vessel strikes Noise from vessels and energy exploration Oil spills and other pollutants, including lingering effects of the Deepwater Horizon oil spill Ingestion of and entanglement in marine debris Climate change and its effect on prey Entanglement in fishing gear The species’ low genetic diversity, small population size, and restricted range further reduces its resilience to threats” (ibid). Many of the aforementioned threats would be increased by additional oil exploration in the gulf. In short, the only recent change to the status of Rice’s whale is the exemption made that removes its Endangered Species and Marine Mammal protections, without the processes required by law, under the specious justification of “national security.” Any status change that decreases protections for Rice’s whale should be protected. The Endangered Species Committee’s exemption of the species should be rescinded, as unjustified and in violation of processes that the Endangered Species Act mandates. I support any and all lawsuits challenging a loss of protections for Rice’s whale.