Interpretation of the Eleventh Amendment

The American Constitution may be compared to an organism with a high nervous development that enables it to adapt itself to changes. in its environment or even to new environments. As such an organism is the result of evolution, so is our Federal Constitution the product of centuries of human experience in the science of government. Probably most of the great political philosophers of all ages have donated their mite to the finished product. To MONTESQUIEU we owe in part, at least, our constitutional doctrine of the separation of powers

Interpretation of the Eleventh Amendment

The American Constitution may be compared to an organism with a high nervous development that enables it to adapt itself to changes. in its environment or even to new environments. As such an organism is the result of evolution, so is our Federal Constitution the product of centuries of human experience in the science of government. Probably most of the great political philosophers of all ages have donated their mite to the finished product. To MONTESQUIEU we owe in part, at least, our constitutional doctrine of the separation of powers

Revisiting the vulnerability of juvenile bigeye (Thunnus obesus) and yellowfin (T. albacares) tuna caught by purse-seine fisheries while associating with surface waters and floating objects

Tuna fisheries catch over three million tonnes of skipjack tuna (Katsuwonus pelamis) each year, the majority of which come from purse-seine vessels targeting fish associated with man-made fish aggregating devices (FADs). A significant challenge for fisheries management is to maximize the efficiency of skipjack tuna catches whilst minimizing the bycatch of small and immature bigeye (Thunnus obesus) and yellowfin (T. albacares) tuna, for which long-term sustainability is uncertain in 75% of the world's stocks. To better manage the issues common with this fishing method, an improved understanding of tuna behaviour around FADs is necessary. We probabilistically classified the vertical behavioural patterns of 50 bigeye and 35 yellowfin tuna (mean fork length 72cm and 70cm, respectively) electronically tagged throughout the western and central Pacific Ocean into shallow and deep states, using a state-space modelling approach. The occurrence of surface-association behaviours, defined as an individual remaining in a shallow state for 24-hours, was examined in relation to known capture events and FAD density. In general, surface-association events for both species were short and lasted on average less than three days, although events as long as 28 days were observed, and were more common in yellowfin when in archipelagic waters. Events were longest immediately following tagging in 62% and 17% of bigeye and yellowfin, respectively. Surface-association behaviour was not generally estimated just prior to recapture, being either non-existent or shorter than two days for 85% of bigeye and 74% of yellowfin. Current management measures in purse-seine tuna fisheries involve periodic or spatial closures for FAD use. If the chief benefit to purse-seine fishers of surface-association around floating objects is in locating schools in horizontal space at short-term time-scales, rather than holding fish near the surface for extended periods, controlling the number of sets made on FADs should be explored further as an additional management tool

Defining the stock structures of key commercial tunas in the Pacific Ocean II : sampling considerations and future directions

Delineating the stock structure of highly-mobile, wide-ranging fishes subject to exploitation is a challenging task, yet one that is fundamental to optimal fisheries management. A case in point are stocks of skipjack tuna (Katsuwonus pelamis), yellowfin tuna (Thunnus albacares), bigeye tuna (Thunnus obesus) and albacore tuna (Thunnus alalunga) in the Pacific Ocean, which support important commercial, artisanal, subsistence, and recreational fisheries, and contribute roughly 70 % of global commercial tuna catches. Although some spatial and temporal structuring is recognised within these stocks, growing evidence from a range of approaches suggests that the stock structure of each tuna species is more complex than is currently assumed in both stock assessment and climate change models, and in management regimes. In a move towards improving understanding of the stock structure of skipjack, yellowfin, bigeye and South Pacific albacore tunas in the Pacific Ocean, an international workshop was held in Noumea, New Caledonia, in October 2018 to review knowledge about their movement and stock structure in the region, define and discuss the main knowledge gaps and uncertainties concerning their stock structure, and develop biological sampling approaches to support the provision of this information. Here, we synthesise the discussions of this latter component. For each tuna species, we identify several general sampling considerations needed to reduce uncertainty, including i) the need for broadscale sampling in space, ideally covering each species' distribution, targeting adults in spawning condition and adopting a phased approach; ii) the need for temporally-repeated sampling of the same geographical areas to assess stability in observed patterns over time; iii) the need to resolve patterns in spatial dynamics, such as those resulting from movements associated with the seasonal extensions of poleward flowing currents, from underlying stock structure, iv) the importance of adopting a multidisciplinary approach to stock identification, and v) the need for careful planning of logistics and coordination of sampling efforts across agencies. Finally, we present potential sampling designs that could be adopted to help overcome uncertainties around the initial identification of stocks and the provenance, mixing and proportional contributions of individuals in harvested assemblages, as well as how these uncertainties could be accounted for in fisheries management via the use of management strategy evaluation