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)

Elasmobranch Landings for the Portuguese Commercial Fishery From 1986 to 2001

Portuguese commercial elasmobranch landings were analyzed for the period 1986–2001. An average of 5,169 (± 795 t) were landed yearly, representing 18 families, 29 genera, and 34 confirmed species. However, annual landings for the fishery generally decreased over time, with a corresponding increase in price per kilogram. The most important group, Raja spp., accounted for 33% of the landings or 26,916 t. They were followed by Centroscymnus coelolepis, Scyliorhinus spp., Centrophorus granulosus, and Centrophorus squamosus (accounting for 12%, 12%, 11%, and 9% of the landings, respectively). In the absence of CPUE data, the comparative trends of landings and price were employed as an indicator of the “status” of specific elasmobranch species. Raja spp., Centrophorus granulosus, Mustelus spp., Torpedo spp., and Squatinidae displayed indications of possible overexploitation, and they merit the focus of future research.