Practice and procedure - District Court Act 1967 s79 - transfer of proceeding pending in Magistrates Court to District Court

In Lambert v Surplice [2004] QDC 092 McGill DCJ considered the extent to which the court should exercise a discretion on an application under s79 of the District Court Act 1967 to transfer a proceeding pending in the Magistrates Court to the District Court.

Drink driving among Indigenous people in Far North Queensland and northern New South Wales: A summary of the qualitative findings

Purpose In response to the threat that drink drivers pose to themselves and others, drink driving programs form an important part of a suite of countermeasures used in Australia and internationally. Unlike New Zealand/Aotearoa, United States and Canada that have programs catering for their First Peoples, all Australian programs are designed for the general driver population. The aim of this study was to identify the factors that contribute to Indigenous drink driving in order to inform appropriate recommendations related to developing a community-based program for Indigenous communities. Broader drivers licensing policy recommendations are also discussed. Methods A sample of 73 Indigenous people from Queensland and in New South Wales with one or more drink driving convictions completed a semi-structured interview in respect of the to their drink driving behaviour. Participants were asked to disclose information regarding their drink driving history, and alcohol and drug use. If participants self-reported no longer drink driving, they were probed about what factors had assisted them to avoid further offending. Results Key themes which emerged to maintain drink driving include motivations to drink and drive, and belief in the ability to manage the associated risks. Factors that appeared to support others from avoiding further offending include re-connecting with culture and family support. Conclusions and Implications A range of recommendations regarding delivery and content of a program for regional and remote communities as well as other policy implications are discussed.

Drink driving among indigenous people in Far North Queensland and Northern New South Wales: A summary of qualitative findings

In response to the threat that drink drivers pose to themselves and others, drink driving programs form an important part of a suite of countermeasures used in Australia and internationally. Unlike New Zealand/Aotearoa, United States and Canada that have programs catering for their First Peoples, all Australian programs are designed for the general driver population. The aim of this study was to identify the factors that contribute to Indigenous drink driving in order to inform appropriate recommendations related to developing a community-based program for Indigenous communities. Broader drivers licensing policy recommendations are also discussed. A sample of 73 Indigenous people from Queensland and in New South Wales with one or more drink driving convictions completed a semi-structured interview regarding their drink driving behaviour. Participants were asked to disclose information regarding their drink driving history, and alcohol and drug use. If participants self-reported no longer drink driving, they were probed about what factors had assisted them to avoid further offending. Key themes which emerged to maintain drink driving include motivations to drink and drive, and belief in the ability to manage the associated risks. Factors that appeared to support others from avoiding further offending include re-connecting with culture and family support. A range of recommendations regarding delivery and content of a program for regional and remote communities as well as other policy implications are discussed.

Whales, dolphins, and porpoises of the eastern North Pacific and adjacent Arctic waters: a guide to their identification

This is an identification guide for cetaceans (whales, dolphins, and porpoises), that was designed to assist laymen in identifying cetaceans encountered in eastern North Pacific and Arctic waters. It was intended for use by ongoing cetacean observer programs. This is a revision of an earlier guide with the same title published in 1972 by the Naval Undersa Center and the National Marine Fisheries Service. It includes sections on identifying cetaceans at sea as well as stranded animals on shore. Species accounts are divided by body size and presence or lack of a dorsal fin. Appendices include illustrations of tags on whales, dolphins, and porpoises, by Larry Hobbs; how to record data from observed cetaceans at sea and for stranded cetaceans; and a list of cetacean names in Japanese and Russian. (Document contains 245 pages - file takes considerable time to open)

Growth and maturity of salmon sharks (Lamna ditropis) in the eastern and western North Pacific, and comments on back-calculation methods

Age and growth estimates for salmon sharks (Lamna ditropis) in the eastern North Pacific were derived from 182 vertebral centra collected from sharks ranging in length from 62.2 to 213.4 cm pre-caudal length (PCL) and compared to previously published age and growth data for salmon sharks in the western North Pacific. Eastern North Pacific female and male salmon sharks were aged up to 20 and 17 years, respectively. Relative marginal increment (RMI) analysis showed that postnatal rings form annually between January and March. Von Bertalanffy growth parameters derived from vertebral length-at-age data are L∞ =207.4 cm PCL, k=0.17/yr, and t0=−2.3 years for females (n=166), and L∞ =182.8 cm PCL, k=0.23/yr , and t0=−1.9 years for males (n=16). Age at maturity was estimated to range from six to nine years for females (median pre-caudal length of 164.7 cm PCL) and from three to five years old for males (median precaudal length of 124.0 cm PCL). Weight-length relationships for females and males in the eastern North Pacific are W=8.2 × 10_05 × L2.759 –06 × L3.383 (r2 =0.99) and W=3.2 × 10 (r2 =0.99), respectively. Our results show that female and male salmon sharks in the eastern North Pacific possess a faster growth rate, reach sexual maturity earlier, and attain greater weight-at-length than their same-sex counterparts living in the western North Pacific.

Spatial and Temporal Distribution of Sea Turtles in the Western North Atlantic and the U.S. Gulf of Mexico from Marine Recreational Fishery Statistics Survey (MRFSS)

Systematic surveys, along with opportunistic sightings, have provided important information on sea turtle (Cheloniidae and Dermochelydae) distributions, knowledge which can help reduce the risk of harmful human interaction. In 1991 and 1992, the Marine Recreational Fishery Sta- tistics Survey (MRFSS) of the National Ma- rine Fisheries Service, NOAA, provided a unique opportunity to gain additional, synoptic information on the spatial and temporal distribution of sea turtles along the U.S. Atlantic and Gulf of Mexico coasts by asking recreational anglers if they had observed a sea turtle on their fishing trip. During the spring and summer months of those years, as water temperatures warmed, the MRFSS documented an increase in sea turtle sightings in inshore waters and in a northward direction along the U.S. Atlantic Coast and in a westward direction along the northern Gulf of Mexico. This pattern reversed in the late summer and fall months as water temperatures cooled, with sea turtles concentrating along Georgia and both coasts of Florida. Although the MRFSS did not provide species or size composition of sea turtles sighted, and effort varied depending upon location of fishing activity and time of year anglers were queried, it did provide an additional and useful means of ascertaining spatial and temporal distributions of sea turtles along these coasts.

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.