NOAA Denies Key Protections in Fight to Protect Rice’s Whale

Agency refusal puts endangered whale, found only in the Gulf of Mexico, at risk of extinction

WASHINGTON — On Friday, National Oceanic and Atmospheric Administration (NOAA) Fisheries denied a petition to establish a 10-knot vessel speed limit and other protective measures in the Gulf of Mexico to protect the endangered Rice’s whale, which is estimated to have a population of only about 50 individuals remaining. 

Instead of prioritizing efforts to immediately alleviate risk of deadly vessel strikes, the agency is instead focusing on other non-regulatory conservation actions and further evaluation, leaving the whale at risk of extinction in the meantime.

“We’re incredibly disappointed in NOAA’s decision to further delay desperately-needed measures to protect the Rice’s whale. Without immediate action we could end up seeing the first extinction of a great whale species,” said Christian Wagley, Coastal Organizer with Healthy Gulf. “We already slow down to protect children around schools. Is it too much to ask ships to do the same thing in a relatively small part of the Gulf of Mexico? NOAA’s decision to kick the can down the road could cause the permanent loss of one of the Gulf’s most magnificent animals.”

Vessel speed restrictions are a proven measure that saves the lives of whales. Such speed restrictions are already in place for right whales along the U.S. Atlantic coast, as well as many other whales worldwide. Deaths from collisions with vessels have been identified as one of the top human threats to large whale populations globally, coinciding with a four-fold increase in marine vessel density from the early 1990 through 2012.

NOAA is ignoring its own science in this decision, as scientists have documented that vessel strikes present an imminent danger to the survival of the species. In accounting for detected and undetected deaths in the years between 2002 and 2018, of the National Marine Fisheries Service’s 2020 biological opinion estimates that Rice’s whales were fatally struck at an annual rate of 1.18, about 17 times above the current potential biological removal level. 

“In this denial, NMFS acknowledges the threats posed to Rice’s whale by vessel strikes and yet, in the same breath, contends that a vessel speed rule is neither necessary nor appropriate at this time. With approximately 50 individuals remaining on the planet, protecting this species could not be more necessary. These whales are running out of time,” said Jane Davenport, senior attorney with Defenders of Wildlife. “These whales are protected under the Marine Mammal Protection Act and in its 51-year history not a single species under its protection has gone extinct. We don’t want to shatter that successful record now.”

The oil and gas industry represents a particular threat to the Rice’s whale. In addition to massive impacts on whales from industry-caused noise pollution, the oil and gas industry accounted for about 34% of strike risk from all vessels and 23.5% of strike risk from vessels traveling at speeds greater than 10 knots, a speed that is well associated, from multiple lines of evidence, with greater lethality to large whales

In 2022, 100 scientists issued an open letter to the Biden administration warning of the imminent risk of extinction of the Rice’s whale without conservation measures such as these. As a result of this NOAA decision, the whale remains squarely in harm’s way.

"If you want a good illustration of why we're in a biodiversity crisis, look no further than decisions like this," said Michael Jasny, director of marine mammal protection at NRDC (Natural Resources Defense Council). "Not only is NOAA catering to the continuous harm perpetuated by oil and gas companies, but it's dropping the ball on its unique conservation responsibilities. Rice's whale may well be our country's most endangered marine mammal, and we are running out of time to save it." 


NRDC (Natural Resources Defense Council) is an international nonprofit environmental organization with more than 3 million members and online activists. Established in 1970, NRDC uses science, policy, law, and people power to confront the climate crisis, protect public health, and safeguard nature. NRDC has offices in New York City, Washington, D.C., Los Angeles, San Francisco, Chicago, Bozeman, MT, Beijing and Delhi (an office of NRDC India Pvt. Ltd). Visit us at http://www.nrdc.org and follow us on Twitter @NRDC.

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