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Fatal entanglements in fishing gear threaten marine mammal populations worldwide. The management of entanglements of large whales, such as the North Atlantic right whale ( Eubalaena glacialis ), with commercial fisheries, is a challenge given the species’ small population size, economic consequences of regulations, and the general lack of data on entanglements. The U.S. Marine Mammal Protection Act (MMPA) requires development of programs to limit marine mammal entanglement in commercial fishing gear. Following a retrospective look at implementing aspects of the MMPA, a set of guiding principles were developed with associated best practices useful in reducing fatal large whale entanglement in fishing gear. Among these are: 1) involve stakeholders early in the decision making process; 2) establish a transparent management strategy that includes critical needs to guide research; 3) use a variety of tools such as an established process for receiving new information and ideas; and 4) incorporate adaptive management which considers the constraints of dynamic (rapid) changes to some fixed fishing gear. Efforts to reduce worldwide marine mammal bycatch will typically occur in a data-limited environment as experienced with U.S. Atlantic large whale entanglements. The guiding principles will remain as key tools for reducing large whale bycatch in fisheries as they build upon common practices. These insights developed over two decades of management can potentially help others to address similar bycatch problems.

The North Atlantic right whale (Eubalaena glacialis) is a critically endangered large whale species found in waters off the U.S. and Canadian Atlantic coasts. The primary human-caused threats are entanglement in fishing gear and collisions with vessels. Since 2002, NOAA's National Marine Fisheries Service has implemented both seasonally and dynamically managed protective zones where right whales occur to reduce these threats; Seasonal Area Management (SAM) and Dynamic Area Management (DAM) for the reduction of right whale entanglements with fishing gear, and Seasonal Management Areas (SMA) and Dynamic Management Areas (DMA) for reduction of vessel collisions. This paper analyzes the presence of frequent concentrations of right whales outside of SAM and SMA zones, represented by the spatial and temporal occurrence of DAMs and DMAs. A grid of 1 min×1 min squares was geospatially applied to locations of DAMs and DMAs from April 2002 through June 2011 and the number of management areas that intersected each 1 min square was populated. DAMs and DMAs were most highly concentrated along the central Gulf of Maine. Of the 131 DAMs and DMAs implemented, 97 (74.0%) intersected this area, and were primarily implemented from October through February. The results of this analysis will aid in consideration of possible modifications to the size and location of SMAs along the northern Atlantic coast of the U.S. and other management actions for the reduction of vessel collisions with right whales.

In 1998, the United States sought and received International Maritime Organization-endorsement of two Mandatory Ship Reporting (MSR) systems designed to improve mariner awareness about averting ship collisions with the endangered North Atlantic right whale (Eubalaena glacialis). Vessel collisions are a serious threat to the right whale and the program was among the first formal attempts to reduce this threat. Under the provisions of the MSR, all ships >300 gross tons are required to report their location, speed, and destination to a shore-based station when entering two key right whale habitats: one in waters off New England and one off coastal Georgia and Florida. In return, reporting ships receive an automatically-generated message, delivered directly to the ship's bridge, that provides information about right whale vulnerability to vessel collisions and actions mariners can take to avoid collisions. The MSR has been in operation continuously from July 1999 to the present. Archived incoming reports provided a 15-plus year history of ship operations in these two locations. We analyzed a total of 26,772 incoming MSR messages logged between July 1999 and December 2013. Most ships that were required to report did so, and compliance rates were generally constant throughout the study period. Self-reported vessel speeds when entering the systems indicated that most ships travelled between 10 and 16 (range = 5-20 +) knots. Ship speeds generally decreased in 2009 to 2013 following implementation of vessel speed restrictions. The number of reports into the southern system remained relatively constant following a steady increase through 2007, but numbers in the northern system decreased annually beginning in 2008. If reporting is indicative of long-term patterns in shipping operations, it reflects noteworthy changes in marine transportation. Observed declines in ship traffic are likely attributable to the 2008-2009 economic recession, the containerized shipping industry making increased use of larger ships that made fewer trips, and diminished oil/gas US imports as previously inaccessible domestic deposits were exploited. Recent declines in shipping activity likely resulted in lowered collision risks for right whales and reduced their exposure to underwater noise from ships.