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.

Comparison of life history parameters for landed and discarded fish captured off the southeastern United States

Commercial fisheries that are managed with minimum size limits protect small fish of all ages and may affect size-selective mortality by the differential removal of fast growing fish. This differential removal may decrease the average size at age, maturation, or sexual transition of the exploited population. When fishery-independent data are not available, a comparison of life history parameters of landed with those of discarded fish (by regulation) will indicate if differential mortality is occurring with the capture of young but large fish (fast growing phenotypes). Indications of this differential size-selective mortality would include the following: the discarded portion of the target fish would have similar age ranges but smaller sizes at age, maturation, and sexual transition as that of landed fish. We examined three species with minimum size limits but different exploitation histories. The known heavily exploited species (Rhomboplites aurorubens [vermilion snapper] and Pagrus pagrus [red porgy]) show signs of this differential mortality. Their landed catch includes many young, large fish, whereas discarded fish had a similar age range and mean ages but smaller sizes at age than the landed fish. The unknown exploited species, Mycteroperca phenax (scamp), showed no signs of differential mortality due to size-selective fishing. Landed catch consisted of old, large fish and discarded scamp had little overlap in age ranges, had significantly different mean ages, and only small differences in size at age when compared to comparable data for landed fish.

Age, growth, and spawning season of red bream (Beryx decadactylus) off the southeastern United States

Red bream (Beryx decadactylus) is a commercially important deep-sea benthopelagic fish with a circumglobal distribution on insular and continental slopes and seamounts. In the United States, small numbers are caught incidentally in the wreckfish (Polyprion americanus) fishery which operates off the southeastern coast, but no biological information exists for the management of the U.S. red bream population. For this study, otoliths (n=163) and gonads (n=161) were collected from commercially caught red bream between 2003 and 2008 to determine life history parameters. Specimens ranged in size from 410 to 630 mm fork length and were all determined to be mature by histological examination of the gonads. Females in spawning condition were observed from June through September, and reproductively active males were found year-round. Sectioned otoliths were difficult to interpret, but maximum age estimates were much higher than the 15 years previously reported for this species from the eastern North Atlantic based on whole-otolith analysis. Estimated ages ranged from 8 to 69 years, and a minimum lifespan of 49 years was validated by using bomb radiocarbon dating. Natural mortality was estimated at 0.06/yr. This study shows that red bream are longer lived and more vulnerable to overfishing than previously assumed and should be managed carefully to prevent overexploitation.

Biomass and reproduction of Pacific sardine (Sardinops sagax) off the Pacific northwestern United States, 2003–2005

The Pacific sardine (Sardinops sagax) is distributed along the west coast of North America from Baja California to British Columbia. This article presents estimates of biomass, spawning biomass, and related biological parameters based on four trawl-ichthyoplankton surveys conducted during July 2003 –March 2005 off Oregon and Washington. The trawl-based biomass estimates, serving as relative abundance, were 198,600 t (coefficient of variation [CV] = 0.51) in July 2003, 20,100 t (0.8) in March 2004, 77,900 t (0.34) in July 2004, and 30,100 t (0.72) in March 2005 over an area close to 200,000 km2. The biomass estimates, high in July and low in March, are a strong indication of migration in and out of this area. Sardine spawn in July off the Pacific Northwest (PNW) coast and none of the sampled fish had spawned in March. The estimated spawning biomass for July 2003 and July 2004 was 39,184 t (0.57) and 84,120 t (0.93), respectively. The average active female sardine in the PNW spawned every 20–40 days compared to every 6–8 days off California. The spawning habitat was located in the southeastern area off the PNW coast, a shift from the northwest area off the PNW coast in the 1990s. Egg production in off the PNW for 2003–04 was lower than that off California and that in the 1990s. Because the biomass of Pacific sardine off the PNW appears to be supported heavily by migratory fish from California, the sustainability of the local PNW population relies on the stability of the population off California, and on local oceanographic conditions for local residence.

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.

Comparison of average larval fish vertical distributions among species exhibiting different transport pathways on the southeast United States continental shelf

Water currents are vertically structured in many marine systems and as a result, vertical movements by fish larvae and zooplankton affect horizontal transport (Power, 1984). In estuaries, the vertical movements of larvae with tidal periods can result in their retention or ingress (Fortier and Leggett, 1983; Rijnsdorp et al., 1985; Cronin and Forward, 1986; Forward et al., 1999). On the continental shelf, the vertical movements of organisms interact daily and ontogenetically with depth-varying currents to affect horizontal transport (Pillar et al., 1989; Barange and Pillar, 1992; Cowen et al., 1993, 2000; Batchelder et al., 2002).

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.

Cross-shelf and seasonal variation in larval fish assemblages on the southeast United States continental shelf off the coast of Georgia

Seasonal and cross-shelf patterns were investigated in larval fish assemblages on the continental shelf off the coast of Georgia. The influence of environmental factors on larval distributions also was examined, and larval transport processes on the shelf were considered. Ichthyoplankton and environmental data were collected approximately every other month from spring 2000 to winter 2002. Ten stations were repeatedly sampled along a 110-km cross-shelf transect, including four stations in the vicinity of Gray’s Reef National Marine Sanctuary. Correspondence analysis (CA) on untransformed community data identified two seasonal (warm weather [spring, summer, and fall] and winter) and three cross-shelf larval assemblages (inner-, mid-, and outer-shelf ). Five environmental factors (temperature, salinity, density, depth of the water column, and stratification) were related to larval cross-shelf distribution. Specifically, increased water column stratification was associated with the outer-shelf assemblage in spring, summer, and fall. The inner shelf assemblage was associated with generally lower temperatures and lower salinities in the spring and summer and higher salinities in the winter. The three cross-shelf regions indicated by the three assemblages coincided with the location of three primary water masses on the shelf. However, taxa occurring together within an assemblage were transported to different parts of the shelf; thus, transport across the continental shelf off the coast of Georgia cannot be explained solely by twodimensional physical factors.

Drawn to the Sea: Charles Bradford Hudson (1865-1939), Artist, Author, Army Officer, with Special Notice of His Work for the United States Fish Commission and Bureau of Fisheries

The biography of Charles Bradford Hudson that follows this preface had its seeds about 1965 when I (VGS) was casually examining the extensive files of original illustrations of fishes stored in the Division of Fishes, National Museum of Natural History, Smithsonian Institution. I happened upon the unpublished illustration of a rainbow trout by Hudson and was greatly impressed with its quality. The thought occurred to me then that the artist must have gone on to do more than just illustrate fishes. During the next 20 years I occasionally pawed through those files, which contained the work of numerous artists, who had worked from 1838 to the present. In 1985, I happened to discuss the files with my supervisor, who urged me to produce a museum exhibit of original fish illustrations. This I did, selecting 200 of the illustrations representing 21 artists, including, of course, Hudson. As part of the text for the exhibit, Drawn from the Sea, Art in the Service of Ichthyology, I prepared short biographies of each of the artists. The exhibit, with an available poster, was shown in the Museum for six months, and a reduced version was exhibited in U.S. and Canadian museums during the next 3 years.

Geomorphological Evolution of Estuaries: The Dynamic Basis for Morpho-Sedimentary Units in Selected Estuaries in the Northeastern United States

The coastal geomorphological processes of alongshore transport and tidal currents are interacting with the attendant influences of sea-level rise and sediment supply to generate morphosedimentary units in selected estuarine systems. Constrained by the conditions promoted by microtidal situations in barrier island settings, vectors of sediment transport have established spatial sequences of morphologies and sediment types that are components of shellfish habitats. Greater depth and decreasing grain-size toward the mainland are common characteristics in five northeastern U.S. estuarine systems. The patterns are repeated at various scales among the lagoon-type estuaries as well as within the estuarine settings to establish geospatial associations of geomorphology and habitat.

Small-scale Commercial Culturing of Northern Bay Scallops, Argopecten irradians irradians, in Atlantic United States and Canada

In recent decades, hatchery-growout culture of oysters, Crassostrea virginica, and northern quahogs, Mercenaria mercenaria, has been commercially successful in Atlantic United States and oysters in Atlantic Canada. Culturists have not had success, as yet, with northern bay scallops, Argopecten irradians irradians. Large mortalities occur during the culture process, mainly because the scallops are relatively delicate and some die when handled. In addition, too little edible meat, i.e. the adductor muscle, is produced for the culture operation to be profitable. However, three companies, one in Massachusetts, one in New Brunswick, and one on Prince Edward Island, Canada, have discovered that they can produce bay scallops successfully by harvesting them when partially-to fully-grown and selling them whole. In restaurants, the scallops are cooked and served with all their meats (adductor muscles and rims) and also with the shells, which have been genetically-bred for bright colors. The scallop seed are produced in hatcheries and then grown in lantern or pearl nets and cages to market size. Thus far, production has been relatively small, just beyond the pilot-scale, until a larger demand develops for this product.

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.