NOAA seeks to delay Rice’s whale critical habitat decision

By Daniel Cusick | 08/29/2024 01:34 PM EDT

Agency now wants to make the determination about the endangered Gulf of Mexico species in December.

The Rice's whale lives in the northeastern Gulf of Mexico. NOAA Fisheries estimates there are likely fewer than 100.

The Rice's whale lives in the Gulf of Mexico. NOAA Fisheries

A much-anticipated critical habitat designation for the endangered Rice’s whale could be delayed until early December, with the Biden administration asking for more time to meet a core component of a 2021 settlement agreement between NOAA Fisheries and environmentalists.

In a filing with the U.S. District Court for the District of Columbia, Justice Department attorneys asked for a Dec. 2 deadline to establish critical habitat for the Rice’s whale in its native Gulf of Mexico habitat.

Government lawyers said NOAA “has made progress towards completion of the final rule,” including submission of a draft final rule to the White House Office of Information and Regulatory Affairs. Environmentalists’ attorneys also signed the filing.

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The “stipulation to modify” petition, which awaits approval from District Court Judge Florence Pan, is supported by environmental groups that sued NOAA after the agency failed to designate critical habitat within a year of determining the Rice’s whale is endangered.

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