Legal Status of Research Data in the four partner countries

This report compares the legal status of research data in the four KE partner countries. The report also addresses where European copyright and database law poses flaws and obstacles to the access to research data and singles out pre-conditions for openly available data. Background of the study Intellectual property right regulations regarding primary research data are a recurrent topic in the discussion on the improvement of access to research data. In fact in the final report of the High Level Expert Group on Scientific Data ‘Riding the Wave’ creating clarity on this was considered very important in improving awareness for all parties involved. According to the recommendations of the report legal issues should be “worked out so that they encourage, and not impede, global data sharing” http://cordis.europa.eu/fp7/ict/e-infrastructure/docs/hlg-sdi-report.pdf. While open access to research data is a widely recognised goal, achieving it remains a challenge. As European national laws still diverge and sometimes remain unclear it can be difficult for interested parties to fully comprehend in which ways open access to research data can be legally obtained. Based on these discussions the Knowledge Exchange working group on primary research data has commissioned a comparative report on the legal status of research data in the four KE partner countries. The study has been conducted by the Centre for Intellectual Property Law (CIER) at Utrecht University. The report aims at informing Knowledge Exchange and associated stakeholders on the state of the law concerning access to research data in the KE partner countries (Germany, Denmark, the Netherlands, and the United Kingdom) and to give an insight in how these laws work in practice. This is explained in several characteristic situations pertaining to open access to research data. The purpose of the report is to identify flaws and obstacles to the access to research data and to single out pre-conditions for openly available data. This is in view of the current discussions concerning open access to research data, especially those originating from publicly funded research. The report intends to be both a description of the status quo of the legislation and a practical instrument to prepare further activities in raising awareness on the potential benefit of improved access to research data, and developing means to support the improved access for research purposes

Our water resources and their conservation

Life history, habits, structure, industry, conservation efforts for: Blue Crabs; Oyster; Fin fishes - shad, rock, croaker; Sport fish and fishing - marine and fresh-water; other aquatic forms - Diamondback terrapin, muskrat. Problems that confront husbandry and conservation of the commercial species, while many of the fish types found in the Chesapeake Bay are superior from the sportive viewpoint. (PDF contains 103 pages)

Stocks of Dolphins (Stenella spp. and Delphinus delphis) in the Eastern Tropical Pacific: A Phylogeographic Classification

Current information is reviewed that provides clues to the intraspecific structure of dolphin species incidently killed in the yellowfin tuna purse-seine fishery of the eastern tropical Pacific (ETP). Current law requires that management efforts are focused on the intraspecific level, attempting to preserve local and presumably locally adapted populations. Four species are reviewed: pantropical spotted, Stenella attenuata; spinner, S. longirostTis; striped, S. coeruleoalba; and common, Delphinus delphis, dolphins. For each species, distributional, demographic, phenotypic, and genotypic data are summarized, and the putative stocks are categorized based on four hierarchal phylogeographic criteria relative to their probability of being evolutionarily significant units. For spotted dolphins, the morphological similarity of animals from the south and the west argues that stock designations (and boundaries) be changed from the current northern offshore and southern offshore to northeastern offshore and a combined western and southern offshore. For the striped dolphin, we find little reason to continue the present division into geographical stocks. For common dolphins, we reiterate an earlier recommendation that the long-beaked form (Baja neritic) and the northern short-beaked form be managed separately; recent morphological and genetic work provides evidence that they are probably separate species. Finally, we note that the stock structure of ETP spinner dolphins is complex, with the whitebelly form exhibiting characteristics of a hybrid swarm between the eastern and pantropical subspecies. There is little morphological basis at present for division of the whitebelly spinner dolphin into northern and southern stocks. However, we recommend continued separate management of the pooled whitebelly forms, despite their hybrid/intergrade status. Steps should be taken to ensure that management practices do not reduce the abundance of eastern relative to whitebelly spinner dolphins. To do so may lead to increased invasion of the eastern's stock range and possible replacement of the eastern spinner dolphin genome.(PDF file contains 24 pages.)

Conservation Biology of Elasmobranchs

Elasmobranchs are vital and valuable components of the marine biota. From an ecological perspective they occupy the role of top predators within marine food webs, providing a regulatory control that helps balance the ecosystem. From an evolutionary perspective, this group represents an early divergence along the vertebrate line that produced many unusual, but highly successful, adaptations in function and form. From man's perspective, elasmobranchs have been considered both an unavoidable nuisance, and an exploitable fishery resource. A few of the large shark species have earned a dubious notoriety because of sporadic attacks on humans that occur in coastal areas each year worldwide; the hysteria surrounding an encounter with a shark can be costly to the tourist industry. More importantly, elasmobranchs are often considered a detriment to commercial fishing operations; they cause significant economic damage to catches and fishing gear. On the other hand, consumer attitudes have changed concerning many previously unpopular food fishes, including elasmobranchs, and this group of fishes has been increasingly used by both recreational and commercial fishing interests. Many elasmobranchs have become a popular target of recreational fishermen for food and sport because of their abundance, size, and availability in coastal waters. Similarly, commercial fisheries for elasmobranchs have developed or expanded from an increased demand for elasmobranch food products. (PDF file contains 108 pages.)

Marine Mammal Strandings in the United States: Proceedings of the Second Marine Mammal Stranding Workshop, Miami, Florida, December 3-5, 1987

Over a decade ago, in August 1977, the First Marine Mammal Stranding Workshop was convened in Athens, Georgia. That workshop, organized by j.R. Geraci and D.J. St. Aubin, not only considered biology and pathology of stranded marine mammals, but it also served as a springboard for the formation of regional marine mammal stranding networks in the United States. The ramifications have been extremely important to the field of marine mammalogy since, for some species, examination or rehabilitation of stranded specimens serves as virtually the only source of information on distribution, anatomy, physiology, reproduction, and pathology. The First Marine Mammal Stranding Workshop led to increased awareness of the marine mammals themselves, as well as the logistic and legal factors associated with effective handling of the animals. A number of individuals indicated that they felt that a Second Marine Mammal Stranding Workshop held prior to the Seventh Biennial Conference on the Biology of Marine Mammals (Miami, Florida; December 1987) would be both timely and productive. Accordingly, we organized the workshop and scheduled it to occur on 3-5 December. Our goals for the workshop were several, including 1) providing descriptions of some research, especially new techniques, regarding stranded marine mammals; 2) providing a forum where scientists could interact and possibly initiate cooperative research activities; 3) presenting information regarding procedures used effectively to handle stranded animals; 4) assessing ways to standardize data and specimen collection, archiving, and retrieval; and 5) providing a forum for assessing accomplishments and status of regional stranding networks to date, as well as for making recommendations regarding future activities of the networks. Nearly 100 individuals representing Federal and State governments, academic institutions, the oceanarium industry, consulting groups, conservation organizations, and the private sector attended the workshop (see Workshop Participants, this volume). (PDF file contains 166 pages.)

Elasmobranchs as living resources: Advances in the biology, ecology, systematics, and the status of the fisheries

This report owes its genesis to the foresight and enthusiam of Dr. Kazuhiro Mizue. By happy circumstance, Professor Mizue contacted me in 1983 with his visionary ideas on cooperative programs. He noted that the time was right because the Japan Society for the Promotion of Science and the National Science Foundation had mutually given priority to cooperative programs in marine biology. I therefore agreed to act as the U.S. coordinator and proposed to NSF, a short trip to Japan to negotiate site visits and timing with ten previously appointed Japanese scientists and, if that trip were successful, to negotiate a joint research project, possibly followed by a joint seminar. (PDF file contains 528 pages.)

Status, biology, and ecology of fur seals: Proceedings of an International Symposium and Workshop Cambridge, England, 23-27 April 1984

The 1984 International Symposium and Workshop on the Biology of Fur Seals originated in informal talks in 1981. However, the scope and focus of the symposium remained unclear until an informal workshop was held in San Diego in June 1983. This meeting synthesised data on the foraging and pup attendance activities of six species of fur seals, and attempted to formulate a coherent framework for the adaptations associated with their maternal strategies (Gentry et al. 1986). During the workshop it was clear that comparative data on many key aspects of fur seal biology and ecology were missing. This absence of data applied not only to less well known species, for some of which considerable unpublished data existed, but also to better known species for which research in some areas had either been neglected or unreported. The value of applying the comparative method to seals, especially comparisons integrating physiology, ecology, and reproductive biology, was amply demonstrated by the results of the 1983 workshop (Gentry and Kooyman 1986). However, we were also aware that many other problems outside the area of maternal strategies could benefit from comparative data, such as recovery of populations from the effects of harvesting. Therefore, to accommodate the range of potential research, we organized this symposium to produce an up-to-date synthesis of relevant information for all species of fur seals. It was also clear that fur seal research could benefit from increased communication and collaboration among its practitioners. To foster the spread of ideas, we held oral presentations on some topics of current research and techniques and organized workshops on specific topics, in addition to providing opportunities for informal talks among participants. Thanks to generous support from the British Antarctic Survey, the National Marine Fisheries Service of the United States, and the Scientific Committee on Antarctic Research, the International Fur Seal Symposium was held at the British Antarctic Survey, Cambridge, England, 23-27 April 1984. The 36 participants are shown in Figure 1. A list of Symposium participants and authors is presented in Appendix 1 of the Proceedings. (PDF file contains 220 pages.)

Proceedings of the Twenty-third Annual Symposium on sea turtle biology and conservation, 17 to 21 March 2003, Kuala Lumpur, Malaysia

The 23rd Annual Symposium on Sea Turtle Biology and Conservation was held between 17 and 21 March 2003 at The Legend Hotel in Kuala Lumpur, Malaysia, hosted by the Community Conservation Network, Hawaii, and WWF-Malaysia. The meeting was attended by slightly more than 300 participants representing 73 countries, a dramatic drop in participation from previous years brought about in no small part by the looming war in the middle east region and concerns over travel safety. For 22 years the Symposium had bee an Americas-based event, even though it is the annual gathering of the "international" sea turtle society, and with the move to Malaysia, the Symposium hoped to raise the awareness among the general public of the plight of amrine turtles in Southeast Asia, and share the enormous exspertise of the world authorities on sea turtles with this so-far underrepresented region. Adopting the thems, "Living With Turtles", the Symposium had a very personal flavour, and the smaller number of participants made it possible to make and renew acquaintances, and have time for discussion between sessions. While the travel safety concern excuse was often quoted, it was a pity, particularly to the large contingent of people who attended the event for the first time from underrepresented regions, that many of the household names linked to marine turtle biology and conservation were not present to share their knowledge and promote the global concerns on the plight of turtle populations.

Report of the Sea Turtle Health Assessment Workshop, 2-3 February 1998, Part I: Background and information needs

A two day workshop was convened on February 2-3, 1998 in Charleston, SC with 20 invited experts in various areas of sea turtle research. The goal of this workshop was to review current information on sea turtles with repect to health and identify data gaps. The use of a suite of health assessment indicators will provide insight on the health status of sea turtle populations. Since the relationship of health factors of sea turtles is limited, a seconde workshop was planned. Using a tiered approach, the first workshop we identified and reviewed the available, pertinent baseline information and data gaps. The second workshop will focus on developing the framework for the research plan. The workshops will address the use of integrated set of health parameters; specific objectives are: 1) Identify reliable indicators of health in sea turtles: assess advantages and disadvantages; determine new indicators/biomarkers which may be useful; 2) Review existing sea turtle field sampling projects; 3) Identify field projects suitable for inclusion for health assessment sampling; 4) Identify data gaps, particularly environmental characterization; 5) Identify new health assessment sampling sites, including reference site(s); and 6) Develop integrated five-year research plan, with focus on health assessment of environmental characterization. (PDF contains 174 pages)

Status of the fisheries report - an update through 2006

(PDF contains 153 pages.)

Inland fisheries resources and the current status of aquaculture in Sri Lanka

The aim of this working paper was to evaluate the potential of different fisheries enhancement and aquacultural systems to benefit marginal farmers who manage small rainfed irrigation systems in the lowland Dry zone of Sri Lanka. Analysis was based on secondary data and key informant interviews with professional fishermen and marginal farmers in N.W Province. [PDF contains 57 pages]

Technologies and Methodologies for the Detection of Harmful Algae and Their Toxins, St Petersburg, Florida, Oct 22-24 2008 : workshop proceedings

The Alliance for Coastal Technologies (ACT) Workshop "Technologies and Methodologies for the Detection of Harmful Algae and their Toxins" convened in St. Petersburg, Florida, October 22- 24, 2008 and was co-sponsored by ACT (http://act-us.info); the Cooperative Institute for Coastal and Estuarine Environmental Technology (CICEET, http://ciceet.unh.edu); and the Florida Fish and Wildlife Conservation Commission (FWC, http://www.myfwc.com). Participants from various sectors, including researchers, coastal decision makers, and technology vendors, collaborated to exchange information and build consensus. They focused on the status of currently available detection technologies and methodologies for harmful algae (HA) and their toxins, provided direction for developing operational use of existing technology, and addressed requirements for future technology developments in this area. Harmful algal blooms (HABs) in marine and freshwater systems are increasingly common worldwide and are known to cause extensive ecological, economic, and human health problems. In US waters, HABs are encountered in a growing number of locations and are also increasing in duration and severity. This expansion in HABs has led to elevated incidences of poisonous seafood, toxin-contaminated drinking water, mortality of fish and other animals dependent upon aquatic resources (including protected species), public health and economic impacts in coastal and lakeside communities, losses to aquaculture enterprises, and long-term aquatic ecosystem changes. This meeting represented the fourth ACT sponsored workshop that has addressed technology developments for improved monitoring of water-born pathogens and HA species in some form. A primary motivation was to assess the need and community support for an ACT-led Performance Demonstration of Harmful Algae Detection Technologies and Methodologies in order to facilitate their integration into regional ocean observing systems operations. The workshop focused on the identification of region-specific monitoring needs and available technologies and methodologies for detection/quantification of harmful algal species and their toxins along the US marine and freshwater coasts. To address this critical environmental issue, several technologies and methodologies have been, or are being, developed to detect and quantify various harmful algae and their associated toxins in coastal marine and freshwater environments. There are many challenges to nationwide adoption of HAB detection as part of a core monitoring infrastructure: the geographic uniqueness of primary algal species of concern around the country, the variety of HAB impacts, and the need for a clear vision of the operational requirements for monitoring the various species. Nonetheless, it was a consensus of the workshop participants that ACT should support the development of HA detection technology performance demonstrations but that these would need to be tuned regionally to algal species and toxins of concern in order to promote the adoption of state of the art technologies into HAR monitoring networks. [PDF contains 36 pages]

Recovery and status of shortnose sturgeon in the Hudson River

Shortnose sturgeon (Acipenser brevirostrum), an endangered species, has experienced a several-fold increase in abundance in the Hudson River in recent decades. This population growth followed a substantial improvement in water quality during the 1970s to a large portion (c. 40%) of the species' summertime nursery area. Age structure and growth were investigated to evaluate the hypothesis that improvements in water quality stimulated population recovery through increased survival of young of the year juveniles. Specimens were captured using gill nets bi-monthly from November 2003 to November 2004 (n = 596). Annuli in fin spine sections were used to generate estimates of sturgeon age. Based upon a marginal increment analysis, annuli were determined to form at an annual rate. Age determinations yielded a catch composed of age 5-30 years for sizes 49-105cm Total Length (n = 554). Individual growth rate (von Bertalanffy coefficients: TL, = 1045mm, K = 0.07) for the population was similar to previous growth estimates within the Hudson River as well as proximal estuaries. Hindcast year-class strengths, based upon a recent stock assessment (Bain et al. 2000) and corrected for gill net mesh selectivity and cumulative mortality indicated high recruitments (28,000-43,000 yearlings)during 1986-1992, which were preceded and succeeded by c.5-year periods of lower recruitment (5,000-1 5,000 yearlings). Recruitment patterns were corroborated by trends in shortnose sturgeon bycatch from a Hudson utilities-sponsored monitoring program. Results indicated that Hudson River shortnose sturgeon abundance increased due to the formation of several strong year-classes occurring about five years subsequent to improved water quality in important nursery and forage habitats in the upper Hudson River estuary. (PDF contains 108 pages.)