Federal Jurisdiction over State Claims to Shipwrecks: Should the Eleventh Amendment Go Down with the Ship?

The Eleventh Amendment prohibits citizens from bringing actions in law or equity against individual states in federal courts. The Amendment does not address whether states are subject to federal jurisdiction for actions in admiralty in which both a shipwreck salvor and a state claim title to a shipwreck Analyzing applicable admiralty, federal, and common law in the context of Eleventh Amendment jurisprudence, this Note examines whether the states are subject to pure admiralty actions in federal court by citizen-salvors seeking either title to or reward for salvaging a shipwreck. The original intentions of admiralty law: rewarding salvors for their efforts, uniformity, and encouraging the recovery and preservation of shipwrecked property, are considered in answering this jurisdictional question. The Eleventh Amendment remains afloat to protect states from some admiralty actions, but there are circumstances in which federal courts should have jurisdiction over citizens and states competing for claim to shipwrecks

Temporal and spatial distributions of delphinid species in Massachusetts Bay (USA) using passive acoustics from ocean gliders

© The Author(s), 2020. This article is distributed under the terms of the Creative Commons Attribution License. The definitive version was published in Silva, T. L., Mooney, T. A., Sayigh, L. S., & Baumgartner, M. F. Temporal and spatial distributions of delphinid species in Massachusetts Bay (USA) using passive acoustics from ocean gliders. Marine Ecology Progress Series, 631, (2019): 1-17, doi:10.3354/meps13180.Knowledge about marine mammal habitat use is necessary for informing ecosystem-based management and mitigating human impacts. Massachusetts Bay is an important marine mammal foraging area in the Gulf of Maine and an area of substantial human activity, but delphinid habitat use is poorly understood. The goals of this work were to (1) document temporal and spatial occurrence of delphinid species in Massachusetts Bay using passive acoustic monitoring from ocean gliders and (2) explore the potential influences of environmental conditions on delphinid distributions. Gliders were deployed in late fall and early winter of 2014 and 2015-2016 and were equipped with a digital acoustic recorder and conductivity-temperature-depth instrument. Gliders surveyed an area of approximately 1000 km2. Delphinid whistles were detected on 93 of 128 (73%) deployment days. Animals were detected more often at night. Presence was consistent over 2 years, although detection rates showed annual and monthly variability. Spatial distribution differed between years, but most detections occurred close to Stellwagen Bank. Visual assessment of spectrograms suggests the presence of 2 species, Atlantic white-sided dolphins and common dolphins. The reoccurrence of 2 probable signature whistles over several weeks and consecutive winter seasons suggests prolonged occupancy during winter and possible annual site fidelity. These data show a consistent and frequent presence of delphinids near a known marine mammal foraging area (Stellwagen Bank) during late fall and winter and are a first step towards understanding both how odontocetes influence the Massachusetts Bay/Gulf of Maine ecosystem and how they may be impacted by human activities.We gratefully acknowledge the NOAA Northeast Fisheries Science Center, Stellwagen Bank National Marine Sanctuary, The Nature Conservancy, Massachusetts Division of Marine Fisheries, and the University of Massachusetts Dartmouth for their collaboration and support for this project. We thank Susan Parks, Julie Oswald, Sofie Van Parijs, and Danielle Cholewiak for helpful discussionsand sharing acoustic recordings for species comparisons. We are grateful to Ben Hodges for critical assistance with preparing, deploying, and recovering gliders. Thanks to Michael Thompson for assistance with spatial analysis and Dave Wiley for support and insights into the Stellwagen Bank ecosystem. The WHOI Marine Mammal Center provided additional funding for this work. Funding support for T.L.S. was provided by the NOAA Dr. Nancy Foster Scholarship. Finally, we thank the 3 anonymous re viewers for their comments and suggestions that improved this manuscript

Low-Grade Appendiceal Mucinous Neoplasm Involving the Endometrium and Presenting with Mucinous Vaginal Discharge.

Primary appendiceal mucinous lesions are uncommon and represent a spectrum from nonneoplastic mucous retention cysts to invasive adenocarcinoma. Low-grade appendiceal mucinous neoplasms (LAMNs) represent an intermediate category on this spectrum and can be classified according to whether or not they are confined to the appendix. Although LAMNs are frequently confined to the appendix, they can also spread to the peritoneum and clinically progress as pseudomyxoma peritonei (i.e., mucinous ascites). Thus, the appropriate classification of appendiceal primary neoplasia is essential for prognosis and influences clinical management. In addition, the precise classification, management, and clinical outcome of patients with disseminated peritoneal disease remain controversial. Here, we report an unusual case of LAMN with pseudomyxoma peritonei that initially presented with mucinous and bloody vaginal discharge. Pathological evaluation revealed low-grade appendiceal mucinous neoplasm with secondary involvement of the peritoneum, ovaries, and endometrial surface. Therefore, LAMN should be considered in the differential diagnosis of mucinous vaginal discharge

A generalized baleen whale call detection and classification system

Author Posting. © Acoustical Society of America, 2011. This article is posted here by permission of Acoustical Society of America for personal use, not for redistribution. The definitive version was published in Journal of the Acoustical Society of America 129 (2011): 2889-2902, doi:10.1121/1.3562166.Passive acoustic monitoring allows the assessment of marine mammal occurrence and distribution at greater temporal and spatial scales than is now possible with traditional visual surveys. However, the large volume of acoustic data and the lengthy and laborious task of manually analyzing these data have hindered broad application of this technique. To overcome these limitations, a generalized automated detection and classification system (DCS) was developed to efficiently and accurately identify low-frequency baleen whale calls. The DCS (1) accounts for persistent narrowband and transient broadband noise, (2) characterizes temporal variation of dominant call frequencies via pitch-tracking, and (3) classifies calls based on attributes of the resulting pitch tracks using quadratic discriminant function analysis (QDFA). Automated detections of sei whale (Balaenoptera borealis) downsweep calls and North Atlantic right whale (Eubalaena glacialis) upcalls were evaluated using recordings collected in the southwestern Gulf of Maine during the spring seasons of 2006 and 2007. The accuracy of the DCS was similar to that of a human analyst: variability in differences between the DCS and an analyst was similar to that between independent analysts, and temporal variability in call rates was similar among the DCS and several analysts.Funding for the fieldwork was provided by the NOAA NEFSC, WHOI Ocean Life Institute, and the WHOI John E. and Anne W. Sawyer Endowed Fund. Development of the detection and classification system was supported by a grant from the Office of Naval Research

The SQUAD : Santa Clara Quadrotor Autonomous Drone

We have constructed a quadrotor unmanned aerial vehicle (UAV) that could be used to supplement emergency response personnel, including police and military, when in the field. The SQUAD focused primarily on designing and constructing a sound structure for the UAV, as well as beginning controls work, which will be continued by another team at a later date. This quadrotor UAV has a video camera to provide a live video from its point of view to the user. It carries a global positioning system (GPS) to provide information on its location, and to navigate to waypoints in the immediate area. The quadrotor will be enhanced with pre-loaded commands to take off, land, circle a point, and to hold position. An onboard computer runs the pre-loaded commands and the auto-stabilization system using the GUI programming tool LabVIEW®

Development and assessment of a new dermal attachment for short-term tagging studies of baleen whales

© The Author(s), 2014. This article is distributed under the terms of the Creative Commons Attribution License. The definitive version was published in Methods in Ecology and Evolution 6 (2015): 289–297, doi:10.1111/2041-210X.12325.Current studies of fine-scale baleen whale diving and foraging behaviour rely on archival suction cup tags that remain attached over time scales of hours. However, skin irregularities can make suction cup attachment unreliable, and traditional pole deployment of suction cup tags is challenging in moderate sea conditions or when whales are evasive. We developed a new tag attachment to overcome these limitations. The attachment features a short (6·5–7·5 cm) needle that anchors in the whale's dermis (epidermis and blubber) to which a free-floating tag is attached via a severable tethered link. The needle, tag and a detachable ‘carrier rocket’ with fletching are fitted together to form a projectile that can be deployed at distances of up to 20 m using a compressed-air launcher. A corrosive release mechanism allows the tag to separate from the needle after a specified period of time so that the tag can be recovered. The dermal attachment was evaluated during a study of humpback whales (Megaptera novaeangliae) in the Gulf of Maine and then subsequently deployed on bowhead whales (Balaena mysticetus) near Barrow, Alaska. Monitoring of tagged humpback whales indicated that the needle was shed several days after deployment, the attachment site healed shortly thereafter, and there were no discernible behavioural or health effects over time scales of days to months after tagging. Bowhead whales showed little immediate reaction to tagging; the most common response was a prolonged dive right after tag deployment. On average, respiration rates of tagged bowhead whales were elevated after tag attachment, but returned to the same rate as undisturbed bowheads within 1–1·5 h. When compared to suction cups, the dermal anchor provided a more reliable attachment and it can be applied from greater distances and in rougher sea conditions; it is therefore a useful alternative in circumstances where suction cup tags cannot be easily deployed.This study was funded by the U.S. Department of the Interior, Minerals Management Service (MMS; now Bureau of Ocean Energy Management), through Inter-agency Agreement No. M08PG20021 with the U.S. Department of Commerce, National Oceanic and Atmospheric Administration, as part of the MMS Alaska Environmental Studies Program

Fine-scale spatial and temporal acoustic occurrence of island-associated odontocetes near a mid-oceanic atoll in the northern Indian Ocean

© The Author(s), 2022. This article is distributed under the terms of the Creative Commons Attribution License. The definitive version was published in Panicker, D., Baumgartner, M. F., & Stafford, K. M. Fine-scale spatial and temporal acoustic occurrence of island-associated odontocetes near a mid-oceanic atoll in the northern Indian Ocean. Marine Ecology Progress Series, 683, (2022): 195–208, https://doi.org/10.3354/meps13947.Temporal patterns of oceanic predators can provide valuable information on both lunar and diel influences not just on the distributions of these predators, but also on prey patches that are often difficult to study. Mid-oceanic island chains in the northern Indian Ocean have high odontocete occurrence, but the ecology of these animals is not well characterized. We investigated fine-scale spatial and temporal patterns of island-associated odontocetes using passive acoustic monitoring from January 2019 to January 2020 around Kavaratti Island, Lakshadweep, India. Based on opportunistic recordings in the presence of odontocetes, the majority of the detected whistles were likely made by spinner dolphins Stenella longirostris. We identified a resident population whose whistle occurrence was significantly influenced by month, site, and diel and lunar cycles. More acoustic detections were made in the northeast monsoon month of November and fewer during pre-monsoon and southwest monsoon periods. Distinct day-night differences along with fine-scale temporal variability were also observed, suggesting that delphinids use nearshore waters as a daytime resting habitat. Odontocete detections were highest during the new moon period and lowest during the first quarter phase. Detection rates were higher on the south side of the island. Our study shows that solar and lunar cycles modulate odontocete vocal occurrence, presumably through influences on their prey. Similarities of odontocete occurrence around Lakshadweep to other mid-oceanic island chains suggests that an island-associated micronekton community may exist around Lakshadweep that may also be important to other pelagic species targeted by local fisheries.Funding was provided by the Office of Naval Research Marine Mammal Biology Program, USA, under grant N000141812795. We thank Ajith Kumar, the National Centre for Biological Sciences and Idrees Babu for in-country support

Application Uniformity of an Impellicone Anhydrous Ammonia Manifold

Since the 1960\u27s anhydrous ammonia (NH) has become the most widely used source of nitrogen (N) fertilizer in agriculture. In fact over 8.1 billion pounds of NH3 is used in the United States every year (Terry and Kirby, 1997). With the cost and wide spread use of NH3 operators are seeking ways to improve uniformity and reduce rates of application. This is because most NH3 tends to be over-applied due to variability in NH3 equipment. Reducing variability will put more money into producers\u27 pockets and reduce the likelihood of N leaching into water supplies. At a cost of $267/ton of NH3, improved application equipment that reduced use in the United States by 5$65 million annually for crop producers (Hanna et al., 2002). A key component of NH3 application equipment that affects uniformity is the distribution manifold. Tests have shown that some outlets on manifolds release two to four times as much NH3 as other outlets. Some knives could be putting on two to four times the desired rate while other knives could be putting on very little NH3 (Fee, 1999). This means that some plants may be getting more N than they can use and others are not getting enough N due to poor distribution by application equipment. In recent years, new manifolds have been tested and produced that improve uniformity among distribution ports

Field Application Uniformity of Impellicone and Pulse-Width-Modulated Anhydrous Ammonia Manifolds

With the consistently increasing cost and widespread use of anhydrous ammonia (NH3), producers are looking for ways to reduce variability in applicator equipment. One way to improve uniformity in NH3 applicators is the use of a better distribution manifold. Impellicone and pulse-width-modulated (PWM) manifolds are newer design alternatives to a Vertical-Dam manifold. Uniformity measurements during field application were made comparing Vertical-Dam manifolds with several Impellicone manifold designs and also a pulse-width-modulated (PWM) valve design as these manifolds were refined for commercial production. Application rates ranged from 23.7 to 224 kg N/ha (21.2 to 200 lb N/acre) depending on experiment with many applications near 84 kg N/ha (75 lb N/acre; “low” rate) and 168 kg N/ha (150 lb N/acre; “high” rate) during Impellicone tests. Modified Impellicone and PWM manifolds both had better uniformity at a 99% confidence level (as measured by lower coefficients of variation (CVs)) than did Vertical-Dam manifolds tested during the same field conditions. Modified Impellicone manifolds had average coefficients of variation (CVs) 9 and 6 percentage points lower, than the Vertical-Dam manifold at the low rate and high application rates, respectively. The PWM manifold CV was 3 percentage points lower than the Vertical-Dam at application rates of 95 kg N/ha (85 lb N/acre), but 6 and 13 percentage points lower than the Vertical-Dam manifold at application rates of 179 and 22 kg N/ha (160 and 20 lb N/acre, respectively)