On Thursday, U.S. Senator Tommy Tuberville (R-Alabama) called on the Biden administration to rescind its proposed rule establishing a 28,000-square-mile Critical Habitat for the Rice’s whale within the Gulf of Mexico.
The Agency wrote: “We, NOAA Fisheries, propose to designate critical habitat for the endangered Rice’s whale pursuant to section 4 of the Endangered Species Act. The specific area proposed for designation as critical habitat is occupied by the whales and encompasses approximately 28,270.65 square miles of continental shelf and slope associated waters within the Gulf of Mexico. We have considered positive and negative economic, national security, and other relevant impacts of the proposed critical habitat.”
Tuberville claims that there is a lack of evidence presenting the need for such a large protected area.
Sen. Tuberville sent a letter to National Oceanic and Atmospheric Administration (NOAA) Director Richard Spinrad and Bureau of Ocean Energy Management Director Liz Klein. In the letter, Tuberville cited the severe economic impacts the rule would have for Alabama businesses and the oil and gas industry along the Gulf.
“Designating a Critical Habitat for the Rice’s whale throughout this expansive area will impose undue burdens and restrictions on all vessel traffic, especially in and out of the Port of Mobile in Mobile, AL,” said Sen. Tuberville. “The Port of Mobile covers over 4,000 acres, generates nearly 313,000 jobs, provides approximately $2 billion in state and local tax impacts, and $85 billion in economic value to Alabama as a whole.”
The Biden Administration wants to lower the speed limit for ships to limit collisions with the endangered whales – collisions that are often fatal for the whales.
“Requiring all lessees and operators to comply with reduced speeds of 10-knots or less and preventing them from traveling after dusk and before dawn within the designated areas will detrimentally impact our nation’s ability to domestically produce oil and gas in hopes of becoming energy independent,” Tuberville said.
The Alabama Port Authority, Consumer Energy Alliance (CEA), and National Ocean Industries Association (NOIA), all praised Senator Tuberville’s efforts.
Maggie Oliver is the Vice President of Communications and Federal Affairs.
“Whether cars and fuel or forest products and steel, the State of Alabama and its Port are critical players in the global supply chain,” said VP Oliver. “Federal advocacy on this issue is key to preventing a rule that, if implemented, would bring operations at the Port of Mobile to a virtual standstill and upend the delivery of consumer goods and energy resources nationwide. Any potential rulemaking should be structured so as not to impede economic development in Alabama nor hinder our nation’s economic competitiveness globally.”
“CEA thanks Senator Tuberville for urging NOAA and BOEM to drop the proposed expanded critical habitat designation for the Rice’s Whale in the Gulf of Mexico. Without more clear scientific data, this expanded designation is not warranted and would be unprecedented due to the lack of scientific evidence and overwhelming economic impact,” CEA Vice President Kaitlin Hammons said. “The proposed expansion of the area and the punitive, burdensome, and chilling restrictions it places on all vessel traffic and U.S. commerce – with especially arbitrary and onerous additional restrictions on natural gas and oil vessels – is a clear sign that ideology and not wildlife conservation has driven this proposal. Combined with the delayed five-year leasing plan, the U.S. will be needlessly hampered in its ability to supply natural gas and oil at a time when Saudi Arabia and Russia have extended production cuts through the end of 2023. With gasoline prices on the rise and the Strategic Petroleum Reserve drained, that is a recipe for economic failure. American families and small businesses cannot afford to have an essential industry financially punished because of backroom deals struck with organizations that use litigation to get what they can’t get by legislation.”
Erik Milito is the President of the National Ocean Industries Association.
“Senator Tuberville is standing up for Gulf of Mexico energy workers and the entire Gulf economy,” said President Milito. “The Gulf of Mexico oil and gas industry is responsible for hundreds of thousands of high-paying jobs and production of some of the world’s least carbon-intensive barrels. There is a noted lack of ample scientific evidence supporting the expansion of the Rice’s Whale protected area. The proposal locks away the vast benefits of the Gulf of Mexico while diluting critical conservation resources for the core habitat area. Moreover, this may be the first step expanding arbitrary restrictions to other ocean users and industries, imposing disruptions to the full Gulf Coast economy and reverberating throughout the whole U.S. economy. NOIA applauds the leadership of Senator Tuberville on this issues of national importance.”
There are approximately 51 Rice’s whales left in existence, deeming them endangered and in need of certain protections covered by the Endangered Species Act (ESA) and the Marine Mammal Protection Act (MMPA). The world’s last remaining Rices whales are located in the northeastern Gulf of Mexico in depths between 100- and 400- meters.
Last week, the Gulf Outer Continental Shelf (OCS) Oil and Gas Lease Sale 261 (GOM Lease Sale 261) Final Notice of Sale was posted, as required under the Inflation Reduction Act, but with over 6.3 million acres removed from the sale due to potential presence of the Rice’s whale.
Various restrictions have been imposed on all vessels, including a dedicated crew member to watch for whales, speed limits, use of automatic identification system for vessels of a certain size, and to the maximum extent practicable, avoiding transit through the Expanded Rice’s Whale Area after dusk and before dawn, and during other times of low visibility.
Tuberville’s office said that this Administration continues to target the oil and gas industry, inhibiting the ability of our nation to become energy independent.
The complete text of the letter can be found here.
In the letter, Tuberville also expressed concern that the limits on maritime traffic could be further expanded to protect the endangered right whale.
“I am greatly concerned that the reduced speeds and prevention of transiting Gulf waters at night will continue expanding to additional areas of the Gulf, parallel to regulations established to protect the Right whale,” Tuberville wrote. “Continued expansion would substantially disrupt economic prosperity, tourism, transportation, and our national defense.”
Tuberville was concerned that the limits on maritime traffic could negatively affect supply chains.
NOAA is asking for public comment on the proposed rule.
“We are soliciting comments from the public on all aspects of the proposal, including the area proposed for designation, the attributes of the proposed essential feature, and probable benefits and impacts stemming from this designation.”
Tuberville was elected to the Senate in 2020.
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