The U.S. National Marine Fisheries Service’s long‐awaited biological opinion, released May 20, 2025, warns that vessel strikes from offshore oil and gas operations in the Gulf of Mexico jeopardize the endangered Rice’s whale—of which only 51 remain—prompting speed limits and a 500-meter buffer amid industry pushback and calls for stronger protections.
In an environmental assessment published on May 20, the U.S. National Marine Fisheries Service (NMFS) concluded that vessel strikes associated with offshore oil and gas drilling in the Gulf of Mexico are “likely to jeopardize the existence” of the endangered Rice’s whale, one of the rarest large whale species on Earth. The biological opinion—the agency’s formal determination under the Endangered Species Act—finds that only an estimated 51 Rice’s whales remain in the Gulf, and that without new safeguards, continued industrial vessel traffic poses an acute threat to their survival.
The analysis, mandated by a federal judge’s 2024 order, revises a prior assessment that the court found insufficient for addressing the full spectrum of risks from oil spills and vessel strikes. In the updated opinion, NMFS imposes speed restrictions on vessels operating in designated areas and requires any ship that sights a Rice’s whale to maintain a minimum distance of 500 meters (547 yards). The measures also call for enhanced monitoring and reporting protocols to ensure compliance and to help researchers better track whale movements.
Oil and gas industry groups, including the American Petroleum Institute (API) and the National Ocean Industries Association (NOIA), issued statements alongside the opinion’s release. While both organizations welcomed the fulfillment of the court’s deadline, they sharply criticized the finding that offshore operations pose a jeopardy risk. “That determination appears inconsistent with the best available science and triggers unnecessary regulatory uncertainty,” said NOIA President Erik Milito, warning that the jeopardy finding could hamper vital energy production in the Gulf.
Conversely, conservation advocates argue that the new restrictions fall short of what is needed to secure the whale’s long-term viability. Chris Eaton, an attorney with Earthjustice—which sued to force the revised assessment—called the opinion “just as inadequate for protecting rare marine species as the last biological opinion was.” Eaton noted that NMFS itself predicts the new rules will allow nine Rice’s whale fatalities and three serious injuries over the next 45 years, a toll he says is incompatible with recovery goals.
The Rice’s whale (formerly known as the Gulf of Mexico whale) inhabits a narrow band of continental shelf waters, making it particularly vulnerable to high-speed vessel traffic. Scientists fear that without more robust measures—such as permanent exclusion zones around key habitats, stricter enforcement, and investment in acoustic monitoring—ship strikes will continue to impede any chance of population growth. The International Union for Conservation of Nature (IUCN) lists the species as critically endangered, and experts have repeatedly warned that every individual lost represents a significant blow to genetic diversity and recovery prospects.
NMFS officials have stressed that the biological opinion represents a compromise between conservation needs and energy demands. “We believe these measures strike a balance that will reduce risk while allowing responsible offshore development to continue,” said one agency spokesperson, noting ongoing coordination with industry and academic partners to refine protection efforts. However, the agency also acknowledged that further adjustments may be necessary if monitoring data show continued high mortality rates.
As the Gulf of Mexico remains a critical hub for U.S. oil and gas production, the new biological opinion is expected to influence drilling permits, operational guidelines, and compliance inspections. Companies will need to update vessel operating procedures and invest in crew training to avoid violations. For regulatory authorities, the challenge will lie in enforcing buffer zones across a vast maritime area and ensuring that all vessels—commercial and support—adhere to speed limits and reporting rules.
With the Rice’s whale hovering on the brink of extinction, environmentalists, industry stakeholders, and policymakers now face a test of whether targeted regulatory action can truly safeguard the species. As the NMFS tracks compliance and collects data over the coming years, pressure will mount for either tougher restrictions or new technological solutions—such as real-time whale detection systems—to prevent further losses and give the Rice’s whale a fighting chance at recovery.
