Individual Transferable Fishing Quotas And Antitrust Law

Around the world, the allocation of individual rights in the fisheries has proved to be a successful fisheries management tool. To date, the Individual Transferable Quota [ITQ] approach has been adopted for only a few fisheries in the U.S., although there is strong support for extending the approach to others. The basic goal of the ITQ approach is to create well-defined, exclusive property rights in a fishery, giving holders of those rights the incentive to fish efficiently and manage the resource for long-term sustainable yield. The property rights allocated are often percentage shares of the total annual allowable harvest or quota for the particular fishery. The transferability of these shares is key to the ITQ approach-being marketable, the shares will come to be owned by those who will most efficiently utilize them. Analysis of the ITQ approach, however, gives rise to the question of whether ITQ programs will have effects resulting in violations of U.S. antitrust law. The Sherman Antitrust Act, the Clayton Act, and the Federal Trade Commission Act all serve to protect consumers from anticompetitive activity. Once shares in a fishery are placed on the market, will trading result in single-owner accumulation of shares approaching monopoly in violation of these statutes? Will impermissible domination of competition and pricing result from concentrations of shares in the hands of a few? This Article examines the legal implications of ITQs with regard to antitrust law. It begins by identifying the benefits of the ITQ approach and considering the potential anticompetitive effects of an ITQ system. It then discusses the legal requirements for finding of monopoly, illegal price restraints and other impermissible restraints on competition. The Article concludes that ITQ systems can be designed to avert the possibility of excessive accumulation of shares in the hands of a few, and that such ITQ systems are unlikely to have effects that will result in antitrust violations

Individual Transferable Fishing Quotas And Antitrust Law

Around the world, the allocation of individual rights in the fisheries has proved to be a successful fisheries management tool. To date, the Individual Transferable Quota [ITQ] approach has been adopted for only a few fisheries in the U.S., although there is strong support for extending the approach to others. The basic goal of the ITQ approach is to create well-defined, exclusive property rights in a fishery, giving holders of those rights the incentive to fish efficiently and manage the resource for long-term sustainable yield. The property rights allocated are often percentage shares of the total annual allowable harvest or quota for the particular fishery. The transferability of these shares is key to the ITQ approach-being marketable, the shares will come to be owned by those who will most efficiently utilize them. Analysis of the ITQ approach, however, gives rise to the question of whether ITQ programs will have effects resulting in violations of U.S. antitrust law. The Sherman Antitrust Act, the Clayton Act, and the Federal Trade Commission Act all serve to protect consumers from anticompetitive activity. Once shares in a fishery are placed on the market, will trading result in single-owner accumulation of shares approaching monopoly in violation of these statutes? Will impermissible domination of competition and pricing result from concentrations of shares in the hands of a few? This Article examines the legal implications of ITQs with regard to antitrust law. It begins by identifying the benefits of the ITQ approach and considering the potential anticompetitive effects of an ITQ system. It then discusses the legal requirements for finding of monopoly, illegal price restraints and other impermissible restraints on competition. The Article concludes that ITQ systems can be designed to avert the possibility of excessive accumulation of shares in the hands of a few, and that such ITQ systems are unlikely to have effects that will result in antitrust violations

In situ detection of boron by ChemCam on Mars

We report the first in situ detection of boron on Mars. Boron has been detected in Gale crater at levels Curiosity rover ChemCam instrument in calcium-sulfate-filled fractures, which formed in a late-stage groundwater circulating mainly in phyllosilicate-rich bedrock interpreted as lacustrine in origin. We consider two main groundwater-driven hypotheses to explain the presence of boron in the veins: leaching of borates out of bedrock or the redistribution of borate by dissolution of borate-bearing evaporite deposits. Our results suggest that an evaporation mechanism is most likely, implying that Gale groundwaters were mildly alkaline. On Earth, boron may be a necessary component for the origin of life; on Mars, its presence suggests that subsurface groundwater conditions could have supported prebiotic chemical reactions if organics were also present and provides additional support for the past habitability of Gale crater

The remarkable surface homogeneity of the Dawn mission target (1) Ceres

Dwarf-planet (1) Ceres is one of the two targets, along with (4) Vesta, that will be studied by the NASA Dawn spacecraft via imaging, visible and near-infrared spectroscopy, and gamma-ray and neutron spectroscopy. While Ceres' visible and near-infrared disk-integrated spectra have been well characterized, little has been done about quantifying spectral variations over the surface. Any spectral variation would give us insights on the geographical variation of the composition and/or the surface age. The only work so far was that of Rivkin & Volquardsen (2010, Icarus 206, 327) who reported rotationally-resolved spectroscopic (disk-integrated) observations in the 2.2-4.0 {\mu}m range; their observations showed evidence for a relatively uniform surface. Here, we report disk-resolved observations of Ceres with SINFONI (ESO VLT) in the 1.17-1.32 {\mu}m and 1.45-2.35 {\mu}m wavelength ranges. The observations were made under excellent seeing conditions (0.6"), allowing us to reach a spatial resolution of ~75 km on Ceres' surface. We do not find any spectral variation above a 3% level, suggesting a homogeneous surface at our spatial resolution. Slight variations (about 2%) of the spectral slope are detected, geographically correlated with the albedo markings reported from the analysis of the HST and Keck disk-resolved images of Ceres (Li et al., 2006, Icarus 182, 143; Carry et al., 2008, A&A 478, 235). Given the lack of constraints on the surface composition of Ceres, however, we cannot assert the causes of these variations.Comment: 8 pages, 5 figures, 2 tables, accepted for publication in Icaru

Age-related increases in parathyroid hormone may be antecedent to both osteoporosis and dementia

<p>Abstract</p> <p>Background</p> <p>Numerous studies have reported that age-induced increased parathyroid hormone plasma levels are associated with cognitive decline and dementia. Little is known about the correlation that may exist between neurological processing speed, cognition and bone density in cases of hyperparathyroidism. Thus, we decided to determine if parathyroid hormone levels correlate to processing speed and/or bone density.</p> <p>Methods</p> <p>The recruited subjects that met the inclusion criteria (n = 92, age-matched, age 18-90 years, mean = 58.85, SD = 15.47) were evaluated for plasma parathyroid hormone levels and these levels were statistically correlated with event-related P300 potentials. Groups were compared for age, bone density and P300 latency. One-tailed tests were used to ascertain the statistical significance of the correlations. The study groups were categorized and analyzed for differences of parathyroid hormone levels: parathyroid hormone levels <30 (n = 30, mean = 22.7 ± 5.6 SD) and PTH levels >30 (n = 62, mean = 62.4 ± 28.3 SD, p ≤ 02).</p> <p>Results</p> <p>Patients with parathyroid hormone levels <30 showed statistically significantly less P300 latency (P300 = 332.7 ± 4.8 SE) relative to those with parathyroid hormone levels >30, which demonstrated greater P300 latency (P300 = 345.7 ± 3.6 SE, p = .02). Participants with parathyroid hormone values <30 (n = 26) were found to have statistically significantly higher bone density (M = -1.25 ± .31 SE) than those with parathyroid hormone values >30 (n = 48, M = -1.85 ± .19 SE, p = .04).</p> <p>Conclusion</p> <p>Our findings of a statistically lower bone density and prolonged P300 in patients with high parathyroid hormone levels may suggest that increased parathyroid hormone levels coupled with prolonged P300 latency may become putative biological markers of both dementia and osteoporosis and warrant intensive investigation.</p

Local hydrological conditions influence tree diversity and composition across the Amazon basin

Tree diversity and composition in Amazonia are known to be strongly determined by the water supplied by precipitation. Nevertheless, within the same climatic regime, water availability is modulated by local topography and soil characteristics (hereafter referred to as local hydrological conditions), varying from saturated and poorly drained to well-drained and potentially dry areas. While these conditions may be expected to influence species distribution, the impacts of local hydrological conditions on tree diversity and composition remain poorly understood at the whole Amazon basin scale. Using a dataset of 443 1-ha non-flooded forest plots distributed across the basin, we investigate how local hydrological conditions influence 1) tree alpha diversity, 2) the community-weighted wood density mean (CWM-wd) – a proxy for hydraulic resistance and 3) tree species composition. We find that the effect of local hydrological conditions on tree diversity depends on climate, being more evident in wetter forests, where diversity increases towards locations with well-drained soils. CWM-wd increased towards better drained soils in Southern and Western Amazonia. Tree species composition changed along local soil hydrological gradients in Central-Eastern, Western and Southern Amazonia, and those changes were correlated with changes in the mean wood density of plots. Our results suggest that local hydrological gradients filter species, influencing the diversity and composition of Amazonian forests. Overall, this study shows that the effect of local hydrological conditions is pervasive, extending over wide Amazonian regions, and reinforces the importance of accounting for local topography and hydrology to better understand the likely response and resilience of forests to increased frequency of extreme climate events and rising temperatures

Estimating the global conservation status of more than 15,000 Amazonian tree species

Estimates of extinction risk for Amazonian plant and animal species are rare and not often incorporated into land-use policy and conservation planning. We overlay spatial distribution models with historical and projected deforestation to show that at least 36% and up to 57% of all Amazonian tree species are likely to qualify as globally threatened under International Union for Conservation of Nature (IUCN) Red List criteria. If confirmed, these results would increase the number of threatened plant species on Earth by 22%. We show that the trends observed in Amazonia apply to trees throughout the tropics, and we predict thatmost of the world’s >40,000 tropical tree species now qualify as globally threatened. A gap analysis suggests that existing Amazonian protected areas and indigenous territories will protect viable populations of most threatened species if these areas suffer no further degradation, highlighting the key roles that protected areas, indigenous peoples, and improved governance can play in preventing large-scale extinctions in the tropics in this century

The global abundance of tree palms

Aim Palms are an iconic, diverse and often abundant component of tropical ecosystems that provide many ecosystem services. Being monocots, tree palms are evolutionarily, morphologically and physiologically distinct from other trees, and these differences have important consequences for ecosystem services (e.g., carbon sequestration and storage) and in terms of responses to climate change. We quantified global patterns of tree palm relative abundance to help improve understanding of tropical forests and reduce uncertainty about these ecosystems under climate change. Location Tropical and subtropical moist forests. Time period Current. Major taxa studied Palms (Arecaceae). Methods We assembled a pantropical dataset of 2,548 forest plots (covering 1,191 ha) and quantified tree palm (i.e., ≥10 cm diameter at breast height) abundance relative to co‐occurring non‐palm trees. We compared the relative abundance of tree palms across biogeographical realms and tested for associations with palaeoclimate stability, current climate, edaphic conditions and metrics of forest structure. Results On average, the relative abundance of tree palms was more than five times larger between Neotropical locations and other biogeographical realms. Tree palms were absent in most locations outside the Neotropics but present in >80% of Neotropical locations. The relative abundance of tree palms was more strongly associated with local conditions (e.g., higher mean annual precipitation, lower soil fertility, shallower water table and lower plot mean wood density) than metrics of long‐term climate stability. Life‐form diversity also influenced the patterns; palm assemblages outside the Neotropics comprise many non‐tree (e.g., climbing) palms. Finally, we show that tree palms can influence estimates of above‐ground biomass, but the magnitude and direction of the effect require additional work. Conclusions Tree palms are not only quintessentially tropical, but they are also overwhelmingly Neotropical. Future work to understand the contributions of tree palms to biomass estimates and carbon cycling will be particularly crucial in Neotropical forests

Long-term thermal sensitivity of Earth’s tropical forests

The sensitivity of tropical forest carbon to climate is a key uncertainty in predicting global climate change. Although short-term drying and warming are known to affect forests, it is unknown if such effects translate into long-term responses. Here, we analyze 590 permanent plots measured across the tropics to derive the equilibrium climate controls on forest carbon. Maximum temperature is the most important predictor of aboveground biomass (−9.1 megagrams of carbon per hectare per degree Celsius), primarily by reducing woody productivity, and has a greater impact per °C in the hottest forests (>32.2°C). Our results nevertheless reveal greater thermal resilience than observations of short-term variation imply. To realize the long-term climate adaptation potential of tropical forests requires both protecting them and stabilizing Earth’s climate