Challenging The Distinct Population Segment Definition Of Atlantic Salmon Under The Endangered Species Act

In October 1993, a citizen petition was filed under the Endangered Species Act of 1973 (ESA or Act) to list the anadromous Atlantic salmon as an endangered species throughout its historic range in the contiguous United States. The National Marine Fisheries Service (NMFS) and the U.S. Fish and Wildlife Service (FWS) responded in January 1994, by forming a joint biological review team to perform a detailed Status Review of the requested listing. Following completion of the Status Review, the two Services announced that the petitioned U.S.-wide listing was not warranted, but acknowledged that listings for populations in certain New England rivers might be. In September 1995, the Services proposed listing only a distinct population segment (DPS) of the Atlantic salmon, found only in certain Maine rivers, as threatened. The NMFS and FWS issued a proposed rule (Rule) establishing joint regulations, prohibitions, and protective measures. On the day before the comment period closed, Maine Governor Angus King delivered a letter to the Services objecting to the listing in the strongest possible terms, and called on the Services to enter into a cooperative agreement with Maine to implement an alternative plan to listing developed in early 1996 by a task force appointed by Governor King. Thus, at the time this Comment goes to print it will not be known whether the Services will change their Rule or what impact Governor King\u27s comments will have on concurrent jurisdiction and federal-state cooperation in protecting Atlantic salmon. This Comment addresses several debated aspects of the proposed listing, proposes an alternative method of deciding listings more in keeping with the goals and purposes of the Endangered Species Act, and describes several congressional attempts to limit the scope of the ESA. Specifically, Part II summarizes the threshold tests used in the listing process and describes how these tests were applied to the listing of the Atlantic salmon. Part III begins by criticizing the standard the Services used to determine which populations to list and the eventual limitation of ESA protection to seven downeast Maine rivers instead of the dozens of other rivers throughout the species\u27 historic range. Part III continues by criticizing the Services\u27 proposed rule for failing to consider threats to the ecosystem and the habitat of the Atlantic salmon, as well as ignoring other federal requirements and agreements. Part HI concludes that in addition to scholarly criticism and debate, the legality of the proposed rule may be challenged as being arbitrary and capricious. Part IV describes an alternative standard that is more consistent with ESA goals and purposes. Part V discusses the significance of several misguided proposed amendments to the ESA that would prohibit federal agencies from even considering listings below the species level in the future. The Comment concludes that the Services\u27 proposed rule is a prime example of the interplay between biology and law in a political context. Even if one believes that the Services used a logical method to define which populations to list, they did so to minimize political pressure calling for limited federal involvement and greater state control. Additionally, the Services\u27 sensitivity to this atmosphere of reform may be indicative of future approaches to administering the Act. This result would be unfortunate because the Services\u27 proposed rule fails to extend ESA protection to populations which may be crucial to the survival of Atlantic salmon, and whose habitat is similarly important

Generating a handbook for school adjustment counseling services in schools : a systemic perspective.

Although school adjustment counseling has existed in the schools of Massachusetts since 1952, there has been no resource guide or handbook which has guided the work. Because of the increased demands put upon schools to meet the complex emotional needs of our students, the job has grown, but without a clear sense of direction or approach to the work. The writer believed that there was a need for a handbook for persons studying to become school adjustment counselors, persons recently hired as school adjustment counselors, and perhaps even persons already in the field. A handbook was developed dealing with school adjustment counseling from a systemic perspective enhanced with some aspects of Carl Rogers\u27 philosophy. The handbook is not a comprehensive cookbook of all aspects of school adjustment counseling, but rather it is a discussion of an approach. Activities for dealing with individuals, groups, classrooms, staff, parents, and the general community are included from the writer\u27s personal experiences with these activities. Twenty-five people read the handbook, including new school adjustment counselors, experienced school adjustment counselors, people in training to become school adjustment counselors, school personnel in related fields and administrators. After reading the handbook, they completed a matrix and a questionnaire. Their responses were overwhelmingly positive. Based on the responses, the writer plans to revise and expand the handbook with hopes of it being a factor in enhancing the training for the field and preserving the uniqueness of the position

Challenging The Distinct Population Segment Definition Of Atlantic Salmon Under The Endangered Species Act

In October 1993, a citizen petition was filed under the Endangered Species Act of 1973 (ESA or Act) to list the anadromous Atlantic salmon as an endangered species throughout its historic range in the contiguous United States. The National Marine Fisheries Service (NMFS) and the U.S. Fish and Wildlife Service (FWS) responded in January 1994, by forming a joint biological review team to perform a detailed Status Review of the requested listing. Following completion of the Status Review, the two Services announced that the petitioned U.S.-wide listing was not warranted, but acknowledged that listings for populations in certain New England rivers might be. In September 1995, the Services proposed listing only a distinct population segment (DPS) of the Atlantic salmon, found only in certain Maine rivers, as threatened. The NMFS and FWS issued a proposed rule (Rule) establishing joint regulations, prohibitions, and protective measures. On the day before the comment period closed, Maine Governor Angus King delivered a letter to the Services objecting to the listing in the strongest possible terms, and called on the Services to enter into a cooperative agreement with Maine to implement an alternative plan to listing developed in early 1996 by a task force appointed by Governor King. Thus, at the time this Comment goes to print it will not be known whether the Services will change their Rule or what impact Governor King\u27s comments will have on concurrent jurisdiction and federal-state cooperation in protecting Atlantic salmon. This Comment addresses several debated aspects of the proposed listing, proposes an alternative method of deciding listings more in keeping with the goals and purposes of the Endangered Species Act, and describes several congressional attempts to limit the scope of the ESA. Specifically, Part II summarizes the threshold tests used in the listing process and describes how these tests were applied to the listing of the Atlantic salmon. Part III begins by criticizing the standard the Services used to determine which populations to list and the eventual limitation of ESA protection to seven downeast Maine rivers instead of the dozens of other rivers throughout the species\u27 historic range. Part III continues by criticizing the Services\u27 proposed rule for failing to consider threats to the ecosystem and the habitat of the Atlantic salmon, as well as ignoring other federal requirements and agreements. Part HI concludes that in addition to scholarly criticism and debate, the legality of the proposed rule may be challenged as being arbitrary and capricious. Part IV describes an alternative standard that is more consistent with ESA goals and purposes. Part V discusses the significance of several misguided proposed amendments to the ESA that would prohibit federal agencies from even considering listings below the species level in the future. The Comment concludes that the Services\u27 proposed rule is a prime example of the interplay between biology and law in a political context. Even if one believes that the Services used a logical method to define which populations to list, they did so to minimize political pressure calling for limited federal involvement and greater state control. Additionally, the Services\u27 sensitivity to this atmosphere of reform may be indicative of future approaches to administering the Act. This result would be unfortunate because the Services\u27 proposed rule fails to extend ESA protection to populations which may be crucial to the survival of Atlantic salmon, and whose habitat is similarly important

Reduced complexity models for water management and anode purge scheduling in DEA operation of PEMFCs

In this work, the dynamic behavior of Fuel Cell operation under Dead-Ended Anode conditions is shown. A DEA can be fed with dry hydrogen, since water crossing through the membrane is sufficient to humidify the fuel. The reduced requirements for inlet humidification yield a system with lower cost and weight compared to FCs with flow-through or recirculated anodes. The accumulation of water and nitrogen in the anode channel is first observed near the outlet. A stratified pattern develops in the channel where a hydrogen-rich area sits above a depleted region and is stabilized by the effect of gravity. A model is presented which describes the dynamic evolution of a blanketing N2 front in the anode channel and a hydrogen starved region. Understanding, modeling, and predicting the front evolution can reduce the H2 wasted during purges, avoid over drying the membrane, and mitigate degradation associated with hydrogen starved areas