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)

Chartered Trawling on the Brazilian Slope

Commercial trawling on the Atlantic slope areas off Brazil intensified in the late 1990’s owing to the expansion of coastal trawling areas and the operations of a chartered foreign fleet. Between 2000 and 2003, 59 fishing trips conducted by 10 chartered trawlers were intensely monitored by observers and satellite vessel monitoring systems, totaling 9,069 tows and 30,085.2 trawling hours. Fishing operations occurred in northern, northeastern, southeastern, and southern sectors of the Brazilian coast in 60–1,173 m depths. Total retained and processed catch were 8,074.6 t and 6,479.8 t, respectively. Argentine hake, Merluccius hubbsi; and Argentine shortfin squid, Illex argentinus, were the primary species taken contributing to 41.1% and 28.6% of the overall catch, respectively. The silver John dory, Zenopsis conchifera; monkfish, Lophius gastrophysus; Brazilian codling, Urophycis mystacea; and the black grouper, Epinephelus nigritus, composed 23% of total processed catch, and the remaining 7.2% was composed of deep-sea shrimps (family Aristeidae) and other teleosts and elasmobranches. The occupation of slope areas included an early exploratory phase, followed by directed phases of the upper slope (300–500 m), aiming principally at the Argentine hake, and the lower slope (>700 m), targeting valuable concentrations of deep-sea aristeid shrimps. The role of chartering for slope trawling development was critically addressed. We conclude that chartered vessels were efficient explorers and were particularly important in areas not available to the technologically limited national fleet. Because the charters were market-oriented and had elevated profit demands, however, those vessels quickly turned from exploration to exploitation and competed with national trawlers in shallower areas and produced significant impacts on Brazil’s modest deep-sea resources.

Relevance of the programmes of the federal fisheries schools to Nigeria's fishing industry

Nigeria's three federal fisheries schools are administered by three autonomous research institutes located in Lagos, New Bussa, and Maiduguri. The schools were established at different periods to train the required manpower for Nigeria's fishing industry which has remained predominantly artisanal since its inception in 1942 as a Second World War exigency. Despite the establishment of the schools, the industry's manpower is still being dominated by non-nationals especially in the capture fisheries sub-sector. The common features of the schools include the apparent insensitivity of their programmes to the industry's dynamic manpower needs; the absence of coordination of their programmes by a national body which would have ensured that the schools are able to communicate with one another and are willing to act and share a purpose. The need and the methodology for a change of emphasis from the on-going training of extension agents and officers to that of fishing operatives and technicians to enable Nigeria effectively harness her local fish resources towards self-sufficiency is highlighted.

Age composition and distribution of red drum (Sciaenops ocellatus) in offshore waters of the north central Gulf of Mexico: an evaluation of a stock under a federal harvest moratorium

Because of a lack of fishery-dependent data, assessment of the recovery of fish stocks that undergo the most aggressive form of management, namely harvest moratoriums, remains a challenge. Large schools of red drum (Sciaenops ocellatus) were common along the northern Gulf of Mexico until the late 1980s when increased fishing effort quickly depleted the stock. After 24 years of harvest moratorium on red drum in federal waters, the stock is in need of reassessment; however, fisherydependent data are not available in federal waters and fishery-independent data are limited. We document the distribution, age composition, growth, and condition of red drum in coastal waters of the north central Gulf of Mexico, using data collected from a nearshore, randomized, bottom longline survey. Age composition of the fishery-independent catch indicates low mortality of fish age 6 and above and confirms the effectiveness of the federal fishing moratorium. Bottom longline surveys may be a cost-effective method for developing fishery-independent indices for red drum provided additional effort can be added to nearshore waters (<20 m depth). As with most stocks under harvest bans, effective monitoring of the recovery of red drum will require the development of fishery-independent indices. With limited economic incentive to evaluate non-exploited stocks, the most cost-effective approach to developing such monitoring is expansion of existing fishery independent surveys. We examine this possibility for red drum in the Gulf of Mexico and recommend the bottom longline survey conducted by the National Marine Fisheries Service expand effort in nearshore areas to allow for the development of long-term abundance indices for red drum.

Length-weight relationship of small pelagic fish species of the southeast and South Brazilian Exclusive Economic Zone

The length-weight relationship (LWR) parameters of 23 small pelagic fish species (belonging to 13 families) from the south-southeast Brazilian Exclusive Economic Zone in 1996 and 1997 are presented. The b values varied between 2.72 and 3.53. The samples for this study were collected during hydroacoustic surveys covering an area of 700 000 square km.

Age determination and growth of the night shark (Carcharhinus signatus) off the northeastern Brazilian coast

Age and growth of the night shark (Carcharhinus signatus) from areas off northeastern Brazil were determined from 317 unstained vertebral sections of 182 males (113–215 cm total length [TL]), 132 females (111.5–234.9 cm) and three individuals of unknown sex (169–242 cm). Although marginal increment (MI) analysis suggests that band formation occurs in the third and fourth trimesters in juveniles, it was inconclusive for adults. Thus, it was assumed that one band is formed annually. Births that occur over a protracted period may be the most important source of bias in MI analysis. An estimated average percent error of 2.4% was found in readings for individuals between two and seventeen years. The von Bertalanffy growth function (VBGF) showed no significant differences between sexes, and the model derived from back-calculated mean length at age best represented growth for the species (L∞=270 cm, K=0.11/yr, t0=–2.71 yr) when compared to the observed mean lengths at age and the Fabens’ method. Length-frequency analysis on 1055 specimens (93–260 cm) was used to verify age determination. Back-calculated size at birth was 66.8 cm and maturity was reached at 180–190 cm (age 8) for males and 200–205 cm (age ten) for females. Age composition, estimated from an age-length key, indicated that juveniles predominate in commercial catches, representing 74.3% of the catch. A growth rate of 25.4 cm/yr was estimated from birth to the first band (i.e. juveniles grow 38% of their birth length during the first year), and a growth rate of 8.55 cm/yr was estimated for eight- to ten-year-old adults.