Climate adaptation and the fifth amendment of the United States Constitution: How do adaptation strategies impact regulatory takings claims?

As the impacts and potential of climate change are realized at the governance level, states are moving towards adaptation strategies that include greater regulatory restrictions on development within coastal zones. The purpose of this paper is to outline the impacts of existing and planned regulatory mechanisms on the Fifth Amendment to the United States Constitution, which prevents the government taking of private property for public use without just compensation. A short history of regulatory takings is explained, and the potential legal issues surrounding mitigation and adaptation measures for coastal communities are discussed. The goal is to gain an understanding of the legal issues that must be resolved by governments to effectively deal with regulatory takings claims as coastal mitigation and adaptation plans are implemented. (PDF contains 3 pages)

Marine Mammal Strandings in the United States: Proceedings of the Second Marine Mammal Stranding Workshop, Miami, Florida, December 3-5, 1987

Over a decade ago, in August 1977, the First Marine Mammal Stranding Workshop was convened in Athens, Georgia. That workshop, organized by j.R. Geraci and D.J. St. Aubin, not only considered biology and pathology of stranded marine mammals, but it also served as a springboard for the formation of regional marine mammal stranding networks in the United States. The ramifications have been extremely important to the field of marine mammalogy since, for some species, examination or rehabilitation of stranded specimens serves as virtually the only source of information on distribution, anatomy, physiology, reproduction, and pathology. The First Marine Mammal Stranding Workshop led to increased awareness of the marine mammals themselves, as well as the logistic and legal factors associated with effective handling of the animals. A number of individuals indicated that they felt that a Second Marine Mammal Stranding Workshop held prior to the Seventh Biennial Conference on the Biology of Marine Mammals (Miami, Florida; December 1987) would be both timely and productive. Accordingly, we organized the workshop and scheduled it to occur on 3-5 December. Our goals for the workshop were several, including 1) providing descriptions of some research, especially new techniques, regarding stranded marine mammals; 2) providing a forum where scientists could interact and possibly initiate cooperative research activities; 3) presenting information regarding procedures used effectively to handle stranded animals; 4) assessing ways to standardize data and specimen collection, archiving, and retrieval; and 5) providing a forum for assessing accomplishments and status of regional stranding networks to date, as well as for making recommendations regarding future activities of the networks. Nearly 100 individuals representing Federal and State governments, academic institutions, the oceanarium industry, consulting groups, conservation organizations, and the private sector attended the workshop (see Workshop Participants, this volume). (PDF file contains 166 pages.)

Technology and success in restoration, creation, and enhancement of Spartina afferniflora marshes in the United States. Vol. 1: Executive Summary and Annotated Bibliography

Extensive losses of coastal wetlands in the United States caused by sea-level rise, land subsidence, erosion, and coastal development have increased hterest in the creation of salt marshes within estuaries. Smooth cordgrass Spartina altemiflora is the species utilized most for salt marsh creation and restoration throughout the Atlantic and Gulf coasts of the U.S., while S. foliosa and Salicomia virginica are often used in California. Salt marshes have many valuable functions such as protecting shorelines from erosion, stabilizing deposits of dredged material, dampening flood effects, trapping water-born sediments, serving as nutrient reservoirs, acting as tertiary water treatment systems to rid coastal waters of contaminants, serving as nurseries for many juvenile fish and shellfish species, and serving as habitat for various wildlife species (Kusler and Kentula 1989). The establishment of vegetation in itself is generally sufficient to provide the functions of erosion control, substrate stabilization, and sediment trapping. The development of other salt marsh functions, however, is more difficult to assess. For example, natural estuarine salt marshes support a wide variety of fish and shellfish, and the abundance of coastal marshes has been correlated with fisheries landings (Turner 1977, Boesch and Turner 1984). Marshes function for aquatic species by providing breeding areas, refuges from predation, and rich feeding grounds (Zimmerman and Minello 1984, Boesch and Turner 1984, Kneib 1984, 1987, Minello and Zimmerman 1991). However, the relative value of created marshes versus that of natural marshes for estuarine animals has been questioned (Carnmen 1976, Race and Christie 1982, Broome 1989, Pacific Estuarine Research Laboratory 1990, LaSalle et al. 1991, Minello and Zimmerman 1992, Zedler 1993). Restoration of all salt marsh functions is necessary to prevent habitat creation and restoration activities from having a negative impact on coastal ecosystems.

Population assessment of the vermilion snapper, Rhomboplites aurorubens, from the Southeastern United States

Changes in the age structure and population size of vermilion snapper, Rhornboplites aurorubens, from North Carolina through the Florida Keys were examined using records of landings and size frequencies of fish from commercial, recreational, and headboat fisheries from 1986-1996. Population size in numbers at age was estimated for each year by applying separable virtual population analysis (SVPA) to the landings in numbers at age. SVPA was used to estimate annual, age-specific fishing mortality (F) for four levels of natural mortality (M = 0.20, 0.25, 0.30, and 0.35). Although landings of vermilion snapper for the three fisheries have declined, minimum fish size regulations have resulted in an increase in the mean size of fish landed. Age at entry and age at full recruitment were age-1 andage-3 fDr 1986-1991, compared with age-1 and age-4, respectively, for 1992-1996. Levels of mortality from fishing (F) ranged from 0.38 - 0.61 for the entire period. Current spawning potential ratio (SPR) is 21% or 27% depending on the natural mortality estimate. SPR could be raised to 30% or 40% with a reduction in F, or by increasing the age at entry to the fisheries. The latter could be enhanced now if fishermen, particularly recreational, comply with minimum size regulations. However, released fish mortality, modeled in the assessment at 27%, will continue to make the achievement of 30% and 40% SPR more difficult. (PDF contains 63 pages)

Marine Flora and Fauna of the Eastern United States: Dicyemida

This manual treats the six species of dicyemid mesozoans that have been reported in three species of hosts (Octopus vulgaris, O. joubini, and O. briareus) from the eastern coast of North America and the Gulf of Mexico, including the Florida Keys. All are parasites of species of Octopus and are in the genus Dicyema, family Dicyemidae. In the introduction, the life cycle, as known, and the general morphology of dicyemids are briefly described, and methods are given for collecting and preparing material for study. These are followed by a key to species and by an annotated checklist, which includes data, some hitherto unpublished, on their known prevalence in hosts from various localities including Bimini and Bermuda.(PDF file contains 20 pages.)

Marine Flora and Fauna of the Northeastern United States: Erect Bryozoa

Forty-nine species of erect Bryozoa from a broad range of Cyclostome, Ctenostome, and Cheilostome families are described and illustrated, and an artificial dichotomous key is provided for their identification. In general, the marine bryozoan faunas of the northeastern coasts of the United States are poorly known; species records are sparse and voucher collections few, and it is certain that many more species occur in this region than are presently known. The species described here occur in intertidal, coastal or offshore habitats; some are well known and have been recorded on numerous previous occasions, others have been only rarely reported, while a few are known to occur commonly in the north of the region but have yet to be recorded south of Cape Cod. Some of the species described have not been recorded at all on northeastern coasts of the United States, but are widely distributed in North Atlantic continental shelf habitats and perhaps occur in similar parts of the outer shelf of this region. This fauna is thus provisional, but is intended to stimulate further work on the Bryozoa. (PDF file contains 52 pages.)

Marine Flora and Fauna of the Eastern United States: Copepoda, Cyclopoida: Archinotodelphyidae, Notodelphyidae, and Ascidicolidae

This manual includes an introduction to the general biology, a selected bibliography, and an illustrated key to 11 genera and 17 species of copepods of the Crustacea, Subclass Copepoda, Order Cyclopoida, Families Archinotodelphyidae, Notodelphyidae and Ascidicolidae, associated with ascidians from the Atlantic Coast of the United States. Species distributed from the Gulf of Maine to Long Island Sound are emphasized. An annotated systematic list, with statements of the world distribution and new records of association with hosts, and a systematic index are also provided. (PDF file contains 44 pages.)

Importance of shoreface sand ridges as habitat for fishes off the northeast coast of the United States

To determine if shoreface sand ridges provide unique habitats for fish on the inner continental shelf, two cross-shelf trawl surveys (23 km in length) were conducted in southern New Jersey (July and September 1991−95 with a beam trawl and July and September 1997−06 with an otter trawl) to assess whether species abundance, richness, and assemblages differed on and away from the ridge. The dominant species collected with both gears were from the families Paralichthyidae, Triglidae, Gobiidae, Serranidae, Engraulidae, Stromateidae, and Sciaenidae. Overall abundance (n=41,451 individuals) and species richness (n=61 species) were distributed bimodally across the nearshore to offshore transect, and the highest values were found on either side of the sand ridge regardless of gear type. Canonical correspondence analysis revealed three species assemblages: inshore (<5 meters depth), near-ridge (9−14 meters depth), and offshore (>14 meters depth), and variation in species composition between gear types. Environmental factors that corresponded with the assemblage changes included depth, temperature, distance from the top of the ridge, and habitat complexity. The most abundant near-ridge assemblages were distinct and included economically important species. Sand ridges of the inner continental shelf appear to be important habitat for a number of fish species and therefore may not be a suitable area for sand and gravel mining.

Inter-regional correlation in tree-growth variations in the western United States, 1513-1964, at ENSO, sunspot, and longer frequency bands

Cross-spectral analysis of regional tree-ring data suggests the spatial pattern of correlation between moisture variations in the Sierra Nevada of central California and in other parts of the western United States is frequency dependent. Short wavelengths (2.8 to 10.7 years), perhaps associated with El Niño/Southern Oscillation, are strongly coherent both to the north (Oregon) and to the south (Southern California). Longer wavelengths (45 to 75 years) are strongly coherent only to the north. Frequency bands corresponding to annual sunspot series were associated with relatively weak patterns of spatial correlation.

Anomalous atmospheric circulation and large winter floods in six subregions of the southwestern United States

EXTRACT (SEE PDF FOR FULL ABSTRACT): We examined atmospheric circulation conditions conducive to occurrence of winter floods that exceed the 10-year peak discharge on rivers in six hydroclimatic subregions in Arizona, southern Utah, Nevada, and California. ... This relationship between flooding and broad-scale atmospheric patterns in the modern record will aid in paleoclimatic interpretations of paleoflood records over the last few thousand years.

Validation of a semi-Lagrangian, canonical regression model of climates in the southwestern United States

EXTRACT (SEE PDF FOR FULL ABSTRACT): A local climate model (LCM) has been developed to simulate the modern and 18 ka climate of the southwestern United States. ... LCM solutions indicate summers were about 1°C cooler and winters 11°C cooler at 18 ka. Annual PREC increased 68% at 18 ka, with large increases in spring and fall PREC and diminished summer monsoonal PREC. ... Validation of simulations of 18 ka climate indicate general agreement with proxy estimates of climate for that time. However, the LCM estimates of summer temperatures are about 5 to 10°C higher than estimates from proxy reconstructions.

A numerical simulation of cool/wet and warm/wet episodes in the western United States

Wintertime precipitation in the mountains of the western United States during a warm or cool period has a pronounced influence on streamflow. During a warm year, streamflow at intermediate elevations responds more immediately to precipitation events; during a cold year, much of the discharge is delayed until the snow melts in spring and summer. Previous efforts at studying these extremes have been hampered by a limited number and length of observational analyses. In this study, we augment this limited observational record by analyzing a simplified general circulation model.

Fishery resources of the United States of America

The term “fishery resources” is used in this book with a broad application. It includes the populations of the fishes and other organisms useful to men, the environment that makes life possible for them, the industry that exploits and utilizes them, and our knowledge about them by which we can conserve their productivity. This book aims to survey the present status of all these aspects of those fishery resources that are used or are available for use by United States anglers and commercial fishermen. It is planned primarily for the Congress, at its request, with the idea of giving to busy people, in condensed fashion, a perspective on its subject. (pdf contains 142 pages)