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)

History of Whaling and Estimated Kill of Right Whales, Balaena glacialis, in the Northeastern United States, 1620–1924

This study, part of a broader investigation of the history of exploitation of right whales, Balaena glacialis, in the western North Atlantic, emphasizes U.S. shore whaling from Maine to Delaware (from lat. 45°N to 38°30'N) in the period 1620–1924. Our broader study of the entire catch history is intended to provide an empirical basis for assessing past distribution and abundance of this whale population. Shore whaling may have begun at Cape Cod, Mass., in the 1620’s or 1630’s; it was certainly underway there by 1668. Right whale catches in New England waters peaked before 1725, and shore whaling at Cape Cod, Martha’s Vineyard, and Nantucket continued to decline through the rest of the 18th century. Right whales continued to be taken opportunistically in Massachusetts, however, until the early 20th century. They were hunted in Narragansett Bay, R.I., as early as 1662, and desultory whaling continued in Rhode Island until at least 1828. Shore whaling in Connecticut may have begun in the middle 1600’s, continuing there until at least 1718. Long Island shore whaling spanned the period 1650–1924. From its Dutch origins in the 1630’s, a persistent shore whaling enterprise developed in Delaware Bay and along the New Jersey shore. Although this activity was most profi table in New Jersey in the early 1700’s, it continued there until at least the 1820’s. Whaling in all areas of the northeastern United States was seasonal, with most catches in the winter and spring. Historically, right whales appear to have been essentially absent from coastal waters south of Maine during the summer and autumn. Based on documented references to specific whale kills, about 750–950 right whales were taken between Maine and Delaware, from 1620 to 1924. Using production statistics in British customs records, the estimated total secured catch of right whales in New England, New York, and Pennsylvania between 1696 and 1734 was 3,839 whales based on oil and 2,049 based on baleen. After adjusting these totals for hunting loss (loss-rate correction factor = 1.2), we estimate that 4,607 (oil) or 2,459 (baleen) right whales were removed from the stock in this region during the 38-year period 1696–1734. A cumulative catch estimate of the stock’s size in 1724 is 1,100–1,200. Although recent evidence of occurrence and movements suggests that right whales continue to use their traditional migratory corridor along the U.S. east coast, the catch history indicates that this stock was much larger in the 1600’s and early 1700’s than it is today. Right whale hunting in the eastern United States ended by the early 1900’s, and the species has been protected throughout the North Atlantic since the mid 1930’s. Among the possible reasons for the relatively slow stock recovery are: the very small number of whales that survived the whaling era to become founders, a decline in environmental carrying capacity, and, especially in recent decades, mortality from ship strikes and entanglement in fishing gear.

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.

National Marine Fisheries Service Habitat Conservation Efforts in the Southeastern United States for 1988

Dataq uantifying the area of habitat affected by Federal programs that regulate development in coastal zones of the southeastern United States are provided for 1988. The National Marine Fisheries Service (NMFS) made recommendations on 3,935 proposals requiring Federal permits or licenses to alter wetlands. A survey of 977 of these activities revealed that 359,876 acres of wetlands that support fishery resources under NMFS purview were proposed for some type of alteration or manipulation. Almost 95 percent of this acreage was for impounding andl/or manipulation of water levels in Louisiana marshes. The NMFS did not object to alteration of 173,284 acres and recommended the conservation of 186,592 acres. To offset habitat losses, 1,827 acres of mitigation were recommended by the NMFS or proposed by applicants and/or the Corps of Engineers (COE). From 1981 to 1988 the NMFS has provided in depth analyses on 8,385 projects proposing the alteration of at least 656,377 acres of wetlands. A follow-up survey on the disposition of 339 permits handled by the COE during 1988 revealed that the COE accepted NMFS recommendations on 68 percent. On a permit-by-permit basis, 13 percent of NMFS recommendations were partially accepted, 17 percent were completely rejected, and 2 percent were withdrawn. The permit requests tracked by the NMFS proposed the alteration of 2,674 acres of wetlands. The COE issued permits to alter 847 acres or 32 percent of the amount proposed.

Guidelines for the conservation and restoration of seagrasses in the United States and adjacent waters

Seagrass ecosystems are protected under the federal "no-net-loss" policy for wetlands and form one of the most productive plant communities on the planet, performing important ecological functions. Seagrass beds have been recognized as a valuable resource critical to the health and function of coastal waters. Greater awareness and public education, however, is essential for conservation of this resource. Tremendous losses of this habitat have occurred as a result of development within the coastal zone. Disturbances usually kill seagrasses rapidly, and recovery is often comparatively slow. Mitigation to compensate for destruction of existing habitat usually follows when the agent of loss and responsible party are known. Compensation assumes that ecosystems can be made to order and, in essence, trades existing functional habitat for the promise of replacement habitat. While ~lant ingse agrass is not technically complex, there is no easy way to meet the goal of maintaining or increasing seagrass acreage. Rather, the entire process of planning, planting and monitoring requires attention to detail and does not lend itself to oversimplification.

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.

Synthesis of marine ecosystem monitoring activities for the United States Virgin Islands: 1990-2009

The ecological integrity of coral reef ecosystems in the U.S. Caribbean is widely considered to have deteriorated in the last three decades due to a range of threats and stressors from both human and non-human processes Rothenberger 2008, Wilkinson 2008). In response to the threats to Caribbean coral reef ecosystems and other regions around the world, the United States Government authorized the Coral Reef Conservation Act of 2000 to: (1) preserve, sustain, and restore the condition of coral reef ecosystems; (2) promote the wise management and sustainable use of coral reef ecosystems to benefit local communities and the Nation; and (3) develop sound scientific information on the condition of coral reef ecosystems and the threats to such ecosystems. The Act also resulted in the formation of a National Coral Reef Action Strategy and a Coral Reef Conservation Program. The Action Strategy (Goal 2 of Action Theme 1) outlined the importance of monitoring and assessing coral reef health as a mechanism toward reducing many threats to these ecosystems. Monitoring was considered of high importance in addressing impacts from climate change; disease; overfishing; destructive fishing practices; habitat destruction; invasive species; coastal development; coastal pollution; sedimentation/runoff and overuse from tourism. The strategy states that successful coral reef ecosystem conservation requires adaptive management that responds quickly to changing environmental conditions. This, in turn, depends on monitoring programs that track trends in coral reef ecosystem health and reveal patterns in their condition before irreparable harm occurs. As such, monitoring plays a vital role in guiding and supporting the establishment of complex or potentially controversial management strategies such as no-take ecological reserves, fishing gear restrictions, or habitat restoration, by documenting the impacts of gaps in existing management schemes and illustrating the effectiveness of new measures over time. Long-term monitoring is also required to determine the effectiveness of various management strategies to conserve and enhance coral reef ecosystems.

Recruitment of larval Atlantic menhaden (Brevoortia tyrannus) to North Carolina and New Jersey estuaries: evidence for larval transport northward along the east coast of the United States

Age, size, abundance, and birthdate distributions were compared for larval Atlantic menhaden (Brevoortia tyrannus) collected weekly during their estuarine recruitment seasons in 1989–90, 1990–91, and 1992–93 in lower estuaries near Beaufort, North Carolina, and Tuckerton, New Jersey, to determine the source of these larvae. Larval recruitment in New Jersey extended for 9 months beginning in October but was discontinuous and was punctuated by periods of no catch that were associated with low water temperatures. In North Carolina, recruitment was continuous for 5–6 months beginning in November. Total yearly larval density in North Carolina was higher (15–39×) than in New Jersey for each of the 3 years. Larvae collected in North Carolina generally grew faster than larvae collected in New Jersey and were, on average, older and larger. Birthdate distributions (back-calculated from sagittal otolith ages) overlapped between sites and included many larvae that were spawned in winter. Early spawned (through October) larvae caught in the New Jersey estuary were probably spawned off New Jersey. Larvae spawned later (November–April) and collected in the same estuary were probably from south of Cape Hatteras because only there are winter water temperatures warm enough (≥16°C) to allow spawning and larval development. The percentage contribution of these late-spawned larvae from south of Cape Hatteras were an important, but variable fraction (10% in 1992–93 to 87% in 1989–90) of the total number of larvae recruited to this New Jersey estuary. Thus, this study provides evidence that some B. tyrannus spawned south of Cape Hatteras may reach New Jersey estuarine nurseries.

El Niño-Southern Oscillation (ENSO) phenomena and forest fires in the southwestern United States

Fire statistics (area burned) and fire-scar chronologies from tree rings show reduced fire activity during El Niño-Southern Oscillation (ENSO) in forests of Arizona and New Mexico. This relationship probably stems from increased fuel moisture after a wet winter and spring, but also could involve climatic controls on lightning activity at the onset of the monsoon season.

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)

Panel Discussion - Management of Eurasian watermilfoil in the United States using native insects: State regulatory and management issues

While researchers have evaluated the potential of native insect herbivores to manage nonindigenous aquatic plant species such as Eurasian watermilfoil ( Myriophyllum spicatum L.), the practical matters of regulatory compliance and implementation have been neglected. A panel of aquatic nuisance species program managers from three state natural resource management agencies (Minnesota, Vermont and Washington) discussed their regulatory and policy concerns. In addition, one ecological consultant attempting to market one of the native insects to manage Eurasian watermilfoil added his perspective on the special challenges of distributing a native biological control agent for management of Eurasian watermilfoil.

Fish assemblages and indicator species: reef fishes off the southeastern United States

For many fish stocks, resource management cannot be based on stock assessment because data are insufficient-a situation that requires alternative approaches to management. One possible approach is to manage data-limited stocks as part of an assemblage and to determine the status of the entire unit by a data-rich indicator species. The utility of this approach was evaluated in analyses of 15 years of commercial and 34 years of recreational logbook data from reef fisheries off the southeastern United States coast. Multivariate statistical analyses successfully revealed three primary assemblages. Within assemblages, however, there was little evidence of synchrony in population dynamics of member species, and thus, no support for the use of indicator species. Nonetheless, assemblages could prove useful as management units. Their identification offers opportunities for implementing management to address such ecological considerations as bycatch and species interrelations.

Juvenile fish assemblages collected on unconsolidated sediments of the southeast United States continental shelf

Patterns were investigated in juvenile fish use of unconsolidated sediments on the southeast United States continental shelf off Georgia. Juvenile fish and environmental data were sampled at ten stations along a 110-km cross-shelf transect, including four stations surrounding Gray’s Reef National Marine Sanctuary (Gray’s Reef NMFS). Cross-shelf stations were sampled approximately quarterly from spring 2000 to winter 2002. Additional stations were sampled on three transects inshore of Gray’s Reef NMS and four transects offshore of the Sanctuary during three cruises to investigate along-shelf patterns in the juvenile fish assemblages. Samples were collected in beam trawls, and 121 juvenile taxa, of which 33 were reef-associated species, were identified. Correspondence analysis on untransformed juvenile fish abundance indicated a cross-shelf gradient in assemblages, and the station groupings and assemblages varied seasonally. During the spring, fall, and winter, three cross-shelf regions were identified: inner-shelf, mid-shelf, and outer-shelf regions. In the summer, the shelf consisted of a single juvenile fish assemblage. Water depth was the primary environmental variable correlated with cross-shelf assemblages. However, salinity, density, and water column stratification also correlated with the distribution of assemblages during the spring, fall, and winter, and along with temperature likely influenced the distribution of juvenile fish. No along-shelf spatial patterns were found in the juvenile fish assemblages, but the along-shelf dimension sampled was small (~60 km). Our results revealed that a number of commercially and recreationally important species used unconsolidated sediments on the shelf off Georgia as juvenile habitat. We conclude that management efforts would be improved through a greater recognition of the importance of these habitats to fish production and the interconnectedness of multiple habitats in the southeast U.S. continental shelf ecosystem.