Cases That Would Have Been: Three Years After AT&T Mobility v. Concepcion, Claims of Corporate Wrongdoing Continue to Pile Up

In the wake of two U.S. Supreme Court rulings in the past three years, consumers, workers and others harmed by unfair fine print in contracts are increasingly being shut out of the courthouse, a new Public Citizen and National Association of Consumer Advocates (NACA) report shows.The report identifies 140 cases affecting thousands of consumers or employees over the past three years where a court enforced an arbitration clause and barred the claimants from participating in class actions

Addressing biased occurrence data in predicting potential Sierra Nevada red fox habitat for survey prioritization

The Sierra Nevada red fox Vulpes vulpes necator is listed as a threatened species under the California Endangered Species Act. It originally occurred throughout California’s Cascade and Sierra Nevada mountain regions. Its current distribution is unknown but should be determined in order to guide management actions. We used occurrence data from the only known population, in the Lassen Peak region of northern California, combined with climatic and remotely sensed variables, to predict the species’ potential distribution throughout its historic range. These model predictions can guide future surveys to locate additional fox populations. Moreover, they allow us to compare the relative performances of presence-absence (logistic regression) and presence-only (maximum entropy, or Maxent) modeling approaches using occurrence data with potential false absences and geographical biases. We also evaluated the recently revised Maxent algorithm that reduces the effect of geographically biased occurrence data by subsetting background pixels to match biases in the occurrence data. Within the Lassen Peak region, all models had good fit to the test data, with high values for the true skill statistic (76–83%), percent correctly classified (86–92%), and area under the curve (0.94–0.96), with Maxent models yielding slightly higher values. Outside the Lassen Peak region, the logistic regression model yielded the highest predictive performance, providing the closest match to the fox’s historic range and also predicting a site where red foxes were subsequently detected in autumn 2010. Subsetting background pixels in Maxent reduced but did not eliminate the effect that geographically biased occurrence data had on prediction results relative to the Maxent model using full background pixels

Modeling changes in baleen whale seasonal abundance, timing of migration, and environmental variables to explain the sudden rise in entanglements in California

We document changes in the number of sightings and timing of humpback (Megaptera novaeangliae), blue (Balaenoptera musculus), and gray (Eschrichtius robustus) whale migratory phases in the vicinity of the Farallon Islands, California. We hypothesized that changes in the timing of migration off central California were driven by local oceanography, regional upwelling, and basin-scale climate conditions. Using 24 years of daily whale counts collected from Southeast Farallon Island, we developed negative binomial regression models to evaluate trends in local whale sightings over time. We then used linear models to assess trends in the timing of migration, and to identify potential environmental drivers. These drivers included local, regional and basin-scale patterns; the latter included the El Niño Southern Oscillation, the Pacific Decadal Oscillation, and the North Pacific Gyre Oscillation, which influence, wind-driven upwelling, and overall productivity in the California Current System. We then created a forecast model to predict the timing of migration. Humpback whale sightings significantly increased over the study period, but blue and gray whale counts did not, though there was variability across the time series. Date of breeding migration (departure) for all species showed little to no change, whereas date of migration towards feeding areas (arrival) occurred earlier for humpback and blue whales. Timing was significantly influenced by a mix of local oceanography, regional, and basin-scale climate variables. Earlier arrival time without concomitant earlier departure time results in longer periods when blue and humpback whales are at risk of entanglement in the Gulf of the Farallones. We maintain that these changes have increased whale exposure to pot and trap fishery gear off the central California coast during the spring, elevating the risk of entanglements. Humpback entanglement rates were significantly associated with increased counts and early arrival in central California. Actions to decrease the temporal overlap between whales and pot/trap fishing gear, particularly when whales arrive earlier in warm water years, would likely decrease the risk of entanglements

A low-cost solution for documenting distribution and abundance of endangered marine fauna and impacts from fisheries

Fisheries bycatch is a widespread and serious issue that leads to declines of many important and threatened marine species. However, documenting the distribution, abundance, population trends and threats to sparse populations of marine species is often beyond the capacity of developing countries because such work is complex, time consuming and often extremely expensive. We have developed a flexible tool to document spatial distribution and population trends for dugongs and other marine species in the form of an interview questionnaire supported by a structured data upload sheet and a comprehensive project manual. Recognising the effort invested in getting interviewers to remote locations, the questionnaire is comprehensive, but low cost. The questionnaire has already been deployed in 18 countries across the Indo-Pacific region. Project teams spent an average of USD 5,000 per country and obtained large data sets on dugong distribution, trends, catch and bycatch, and threat overlaps. Findings indicated that >50% of respondents had never seen dugongs and that 20% had seen a single dugong in their lifetimes despite living and fishing in areas of known or suspected dugong habitat, suggesting that dugongs occurred in low numbers. Only 3% of respondents had seen mother and calf pairs, indicative of low reproductive output. Dugong hunting was still common in several countries. Gillnets and hook and line were the most common fishing gears, with the greatest mortality caused by gillnets. The questionnaire has also been used to study manatees in the Caribbean, coastal cetaceans along the eastern Gulf of Thailand and western Peninsular Malaysia, and river dolphins in Peru. This questionnaire is a powerful tool for studying distribution and relative abundance for marine species and fishery pressures, and determining potential conservation hotspot areas. We provide the questionnaire and supporting documents for open-access use by the scientific and conservation communities

Sustainable clothing: challenges, barriers and interventions for encouraging more sustainable consumer behaviour

Research with consumers has revealed limited awareness of the sustainability impact of clothing (Goworek et al., 2012). Semi-structured interviews conducted with a range of experts in sustainable clothing to increase understanding of the challenges for sustainable clothing revealed that a focus on sustainability alone will not drive the necessary changes in consumers’ clothing purchase, care and disposal behaviour for three reasons: (i) clothing sustainability is too complex; (ii) consumers are too diverse in their ethical concerns; and (iii) clothing is not an altruistic purchase. The findings identify the challenges that need to be addressed and the associated barriers for sustainable clothing. Interventions targeting consumers, suppliers, buyers and retailers are proposed that encourage more sustainable clothing production, purchase, care and disposal behaviour. These interventions range from normalising the design of sustainable clothing and increasing the ease of purchase, to shifting clothes washing norms and increasing upcycling, recycling and repair

Using GIS and stakeholder involvement to innovate marine mammal bycatch risk assessment in data-limited fisheries

Fisheries bycatch has been identified as the greatest threat to marine mammals worldwide. Characterizing the impacts of bycatch on marine mammals is challenging because it is difficult to both observe and quantify, particularly in small-scale fisheries where data on fishing effort and marine mammal abundance and distribution are often limited. The lack of risk frameworks that can integrate and visualize existing data have hindered the ability to describe and quantify bycatch risk. Here, we describe the design of a new geographic information systems tool built specifically for the analysis of bycatch in small-scale fisheries, called Bycatch Risk Assessment (ByRA). Using marine mammals in Malaysia and Vietnam as a test case, we applied ByRA to assess the risks posed to Irrawaddy dolphins (Orcaella brevirostris) and dugongs (Dugong dugon) by five small-scale fishing gear types (hook and line, nets, longlines, pots and traps, and trawls). ByRA leverages existing data on animal distributions, fisheries effort, and estimates of interaction rates by combining expert knowledge and spatial analyses of existing data to visualize and characterize bycatch risk. By identifying areas of bycatch concern while accounting for uncertainty using graphics, maps and summary tables, we demonstrate the importance of integrating available geospatial data in an accessible format that taps into local knowledge and can be corroborated by and communicated to stakeholders of data-limited fisheries. Our methodological approach aims to meet a critical need of fisheries managers: to identify emergent interaction patterns between fishing gears and marine mammals and support the development of management actions that can lead to sustainable fisheries and mitigate bycatch risk for species of conservation concern

Commentary on Coram et al. (2021) on the use of Facebook to understand marine mammal stranding issues in Southeast Asia

We reviewed Coram et al. (Biodivers Conserv 30:2341–2359, 2021, https://doi.org/10.1007/s10531-021-02196-6), a paper that highlights the use of social media data to understand marine litter and marine mammals in Southeast Asia. While we commend its intent, we find that the methodology used and conclusions drawn portray an incomplete and inaccurate perception of how strandings, stranding response, and analysis of stranding data have been conducted in the region. By focusing on investigative results revealed by a very limited search of one social media platform (Facebook), using only English keywords, and insuffcient ground-truthing, Coram et al. (2021) have, unintentionally, given the perception that Southeast Asian scientists have not conducted even the bare minimum of investigation required to better understand the issue of marine litter and its impact on marine mammals. In this commentary we provide a more accurate account of strandings research in Asia and include recommendations to improve future studies using social media to assess conservation issues