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)

Biology and Management of the American Shad and Status of the Fisheries, Atlantic Coast of the United States, 1960

This paper summarizes current information on the American shad, Alosa sapidissima, and describes the species and its fishery. Emphasis is placed on (1) life history of the fish, (2) condition of the fishery by State and water areas in 1960 compared to 1896 when the last comprehensive description was made, (3) factors responsible for decline in abundance, and (4) management measures. The shad fishery has changed little over the past three-quarters of a century, except in magnitude of yield. Types of shad-fishing gear have remained relatively unchanged, but many improvements have been made in fishing techniques, mostly to achieve economy. In 1896 the estimated catch was more than 50 million pounds. New Jersey ranked first in production with about 14 million pounds, and Virginia second with 11 million pounds. In 1960 the estimated catch was slightly more than 8 million pounds. Maryland ranked first in production with slightly more than 1.5 million pounds, Virginia second with slightly less than 1.4 million pounds, and North Carolina third with about 1.3 million pounds. Biological and economic factors blamed for the decline in shad abundance, such as physical changes in the environment, construction of dams, pollution, over-fishing, and natural cycles of abundance, are discussed. Also discussed are methods used for the rehabilitation and management of the fishery, such as artificial propagation, installation of fish-passage facilities at impoundments, and fishing regulations. With our present knowledge, we can manage individual shad populations; but, we probably cannot restore the shad to its former peak of abundance.

Revealing the appetite of the marine aquarium fish trade: the volume and biodiversity of fish imported into the United States

The aquarium trade and other wildlife consumers are at a crossroads forced by threats from global climate change and other anthropogenic stressors that have weakened coastal ecosystems. While the wildlife trade may put additional stress on coral reefs, it brings income into impoverished parts of the world and may stimulate interest in marine conservation. To better understand the influence of the trade, we must first be able to quantify coral reef fauna moving through it. Herein, we discuss the lack of a data system for monitoring the wildlife aquarium trade and analyze problems that arise when trying to monitor the trade using a system not specifically designed for this purpose. To do this, we examined an entire year of import records of marine tropical fish entering the United States in detail, and discuss the relationship between trade volume, biodiversity and introduction of non-native marine fishes. Our analyses showed that biodiversity levels are higher than previous estimates. Additionally, more than half of government importation forms have numerical or other reporting discrepancies resulting in the overestimation of trade volumes by 27%. While some commonly imported species have been introduced into the coastal waters of the USA (as expected), we also found that some uncommon species in the trade have also been introduced. This is the first study of aquarium trade imports to compare commercial invoices to government forms and provides a means to, routinely and in real time, examine the biodiversity of the trade in coral reef wildlife species.

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.

Growth dynamics of the spinner shark (Carcharhinus brevipinna) off the United States southeast and Gulf of Mexico coasts: a comparison of methods

The age and growth dynamics of the spinner shark (Carcharhinus brevipinna) in the northwest Atlantic Ocean off the southeast United States and in the Gulf of Mexico were examined and four growth models were used to examine variation in the ability to fit size-at-age data. The von Bertalanffy growth model, an alternative equation of the von Bertalanffy growth model with a size-at-birth intercept, the Gompertz growth model, and a logistic model were fitted to sex-specific observed size-at-age data. Considering the statistical criteria (e.g., lowest mean square error [MSE], high coefficient-of-determination, and greatest level of significance) we desired for this study, the logistic model provided the best overall fit to the size-at-age data, whereas the von Bertalanffy growth model gave the worst. For “biological validity,” the von Bertalanffy model for female sharks provided estimates similar to those reported in other studies. However, the von Bertalanffy model was deemed inappropriate for describing the growth of male spinner sharks because estimates of theoretical maximum size (L∞) indicated a size much larger than that observed in the field. However, the growth coefficient (k= 0.14/yr) from the Gompertz model provided an estimate most similar to that reported for other large coastal species. The analysis of growth for spinner shark in the present study demonstrates the importance of fitting alternative models when standard models fit the data poorly or when growth estimates do not appear to be realistic.

The Status of the United States Population of Night Shark, Carcharhinus signatus

Night sharks, Carcharhinus signatus, are an oceanic species generally occurring in outer continental shelf waters in the western North Atlantic Ocean including the Caribbean Sea and Gulf of Mexico. Although not targeted, night sharks make up a segment of the shark bycatch in the pelagic longline fishery. Historically, night sharks comprised a significant proportion of the artisanal Cuban shark fishery but today they are rarely caught. Although information from some fisheries has shown a decline in catches of night sharks, it is unclear whether this decline is due to changes in fishing tactics, market, or species identification. Despite the uncertainty in the decline, the night shark is currently listed as a species of concern due to alleged declines in abundance resulting from fishing effort, i.e. overutilization. To assess their relevance to the species of concern list, we collated available information on the night shark to provide an analysis of its status. Night shark landings were likely both over- and under-reported and thus probably did not reflect all commercial and recreational catches, and overall they have limited relevance to the current status of the species. Average size information has not changed considerably since the 1980’s based on information from the pelagic longline fishery when corrected for gear bias. Analysis of biological information indicates night sharks have intrinsic rates of increase (r) about 10% yr–1 and have moderate rebound potential and an intermediate generation time compared to other sharks. An analysis of trends in relative abundance from four data sources gave conflicting results, with one series in decline, two series increasing, and one series relatively flat. Based on the analysis of all currently available information, we believe the night shark does not qualify as a species of concern but should be retained on the prohibited species list as a precautionary approach to management until a more comprehensive stock assessment can be conducted.

Collaborative Pacific Halibut, Hippoglossus stenolepis, Bycatch Control by Canada and the United States

ABSTRACT—Bycatch mortality of Pacific halibut, Hippoglossus stenolepis, in nontarget fisheries is composed primarily of immature fish, and substantial reductions in yield to directed halibut fisheries result from this bycatch. Distant-water bottomtrawl fleets operating off the North American coast, beginning in the mid 1960’s, experienced bycatch mortality of over 12,000 t annually. Substantial progress on reducing this bycatch was not achieved until the of extension fisheries jurisdictions by the United States and Canada in 1977. Bycatch began to increase again during the expansion of domestic catching capacity for groundfish, and by the early 1990’s it had returned to levels seen during the period of foreign fishing. Collaborative action by Canada and the United States through the International Pacific Halibut Commission has resulted in substantial reductions in bycatch mortality in some areas. Methods of control have operated at global, fleet, and individual vessel levels. We evaluate the hierarchy of effectiveness for these control measures and identify regulatory needs for optimum effects. New monitoring technologies offer the promise of more cost-effective approaches to bycatch reduction.

History of Oystering in the United States and Canada, Featuring the Eight Greatest Oyster Estuaries

Oyster landings in the United States and Canada have been based mainly on three species, the native eastern oyster, Crassostrea virginica, native Olympia oyster, Ostreola conchaphila, and introduced Pacific oyster, C. gigas. Landings reached their peak of around 27 million bushels/year in the late 1800's and early 1900's when eastern oysters were a common food throughout the east coast and Midwest. Thousands of people were involved in harvesting them with tongs and dredges and in shucking, canning, packing, and transporting them. Since about 1906, when the United States passed some pure food laws, production has declined. The causes have been lack of demand, siltation of beds, removal of cultch for oyster larvae while harvesting oysters, pollution of market beds, and oyster diseases. Production currently is about 5.6 million bushels/year.

Status, Constraints, and Opportunities for Salmon Culture in the United States: A Review

This paper reviews and analyzes the major factors constraining the development of salmon culture in the United States. A brief review of economic factors in the seafood sector contributing to the industry's recent growth is offered, and the present status of the major producing regions is summarized. The major constraints, which include marketing problems, policy and regulatory constraints, production costs, disease, financiing, and environmental uncertainty, are discussed, followed by recommendations for improving the industry's development.