Expanded Rice’s Whale Protection Efforts During Reinitiated Consultation with NMFS

Mar 20

The Department of the Interior Bureau of Ocean Energy Management (BOEM) released a “voluntary” list of “recommendations” and “guidance” for vessels engaging in oil and gas exploration in the Gulf of Mexico Outer Continental Shelf. They claim these recommendations are necessary to protect the Rice’s whale and are a result of a recent sue-and-settle agreement between the Sierra Club and the National Marine Fisheries Service (NMFS). Although the guidance does not have the force of law, specific provisions could be made mandatory through lease agreements and permits.

A few other key points about the guidance:

These recommended safety actions only apply to vessels engaging in fossil fuel operations and do not apply to the thousands of vessels that are in commercial fishing operations and constructing offshore wind facilities.

Safety actions include a speed limit of 10 knots, avoiding operating in the area during the evening, and a minimum separation between vessels and Rice’s whales or any other whales that cannot be confirmed as species other than a Rice’s whale.
The one study cited in the guidance does not confirm Rice’s whales are in danger because of these operations. (In fact, the study states that no whales were sighted in the area, but moan calls were documented and “the most plausible explanation“ for their source were Rice’s whales). It merely states, “the possibility of incidental take of Rice’s whale in the [ERWA] cannot be dismissed at this time.”
Because these recommendations were issued as “guidance,” BOEM did not have to go through a notice and comment period. By evading public review, they did not defend the science used to develop the recommendations, nor justify the estimated compliance costs.