Katie Britt leads Alabama delegation in letter opposing expanded critical habitat designation for endangered Rice’s whale

On Thursday, U.S. Senator Katie Britt (R-Alabama) announced that she led members of the Alabama Congressional delegation in sending a letter to the National Oceanic and Atmospheric Administration (NOAA) Administrator Richard Spinrad expressing the delegation’s concerns that a recent proposal by the National Marine Fisheries Service (NMFS) to create a new and expanded critical habitat designation for the Rice’s whale would negatively impact the Port of Mobile. “The lack of justification for this proposal is glaring, and the inevitable, devastating consequences it would have on Alabama’s economy and the Gulf fishing industry are undeniable,” said Sen. Britt. “We implore Administrator Spinrad to reject this harmful petition that relies on unproven research and would significantly hinder operations at the Port of Mobile, which hardworking Americans rely on for goods, supplies, and materials each and every day.” “We also have significant concerns with the seriously damaging ideas in the Rice’s whale petition, which NMFS has noticed,” Britt and the Alabama delegation wrote. “The petitioners seek to stop vessel transits at night, require complete reporting of vessel plans to NMFS, and create onerous requirements for vessels to employ and utilize visual observers on all vessels. Severely curtailing operations at the Port of Mobile and strangling the commercial and recreational fishing operations off the Alabama coast, these illogical burdens would cause irreparable harm to the Alabama economy – all while current science does not demonstrate they will save any Rice’s whales.” In the letter, the Members urged NOAA not to finalize the critical habitat designation because there is a lack of scientifically supported data to adequately justify this action. They also requested that NOAA reject the proposals. “While protecting endangered species is a laudable goal, we are concerned at the lack of adequate scientific justification for NMFS’ proposed designation of additional critical habitat for the Rice’s whale,” Sen Britt and the other members of the Alabama delegation wrote. “NMFS has shown only limited studies offering indefinite scientific support to draw conclusions about the population and range of the Rice’s whale. Until sound, scientifically supported data is available, this designation should not move forward.” “As a coastal state, Alabama relies heavily on commercial activity in and out of the Gulf of Mexico,” Britt and the Congress members wrote. “In 2021 alone, the Port of Mobile generated more than $85 billion in total economic activity and more than $2 billion in tax revenue. The Port handles more than 55 million tons of commercial goods each year, reaching every state in the nation and providing clothing, tools, construction materials, automobiles, and parts that Americans rely on each and every day. In addition, Alabama’s commercial fishing operations provide more than $291 million in economic value, and recreational fishing adds another $452 million in economic value to the region. Combined, these activities directly employ more than 330,000 people in Alabama.” The proposed ten-knot speed limit and the inability to traverse the 28,000-square-mile habitat area at night to avoid hitting any whales would mean greater transit times in and out of the Port of Mobile. Thus, commercial traffic would merely move to another route and avoid Mobile. Sen. Britt was joined in sending the letter by Congressmen Jerry Carl (R-AL01), Barry Moore (R-AL02), Mike Rogers (R-AL03), Robert Aderholt (R-AL04), Dale Strong (R-AL05), and Gary Palmer (R-AL06). Although U.S. Senator Tommy Tuberville (R-Alabama) was not a signatory, he has already publicly expressed his opposition to the critical habitat designation for the Rice’s whale and questioned the validity of the science behind these proposals. “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.” Katie Britt was elected to the U.S. Senate in 2022. To connect with the author of this story or to comment, email brandonmreporter@gmail.com.

Tommy Tuberville urges Biden Administration to rescind rule setting aside 28,000 square miles of Gulf for endangered whale habitat

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