American Lobster Fishery Management Under The Atlantic Coastal Fisheries Cooperative Management Act: An Attempt At Cooperative Fishery Jurisdiction

After the elections in 1994, the Republican party cited their newly gained power over the Senate and the House of Representatives as a call by Americans for smaller government, deregulation, and a return of power to the states. Political leaders from both sides of the aisle responded in kind, albeit with varying degrees of deference to existing federal based power. In step with this federalist mandate, in late February and early March of 1995, President Bill Clinton announced the Regulatory Reinvention Initiative, to reform the federal regulatory system. Fishery management has become a proving ground of this regulatory reform and the call for return of power to the states. In 1996 the Atlantic lobster fishery became the target of this emerging federalism. Lobster fishery management, it is contended, is a prime example of a federal regulatory scheme that is better suited to state management. As a result, in late March 1996, the National Marine Fisheries Service (NMFS) an- nounced its intention to withdraw approval of the federal Fishery Management Plan for the American Lobster Fishery (Lobster FMP) and implementing regulations. Conservation and management of the lobster fishery, proposed the NMFS, could be managed by the states through the Atlantic States Marine Fishery Commission (ASMFC). The NMFS called upon the ASMFC to further develop its lobster coastal management plan (CMP) and to develop regulations under the authority of the Atlantic Coastal Fisheries Cooperative Management Act (ACFCMA). NMFS cited the President\u27s Regulatory Reinvention Initiative as a reason for its withdrawal of approval of the existing Lobster FMP. NMFS also determined that withdrawal of the Lobster FMP would not compromise the identified resource management and conservation objectives for the fishery. NMFS further supported its action by asserting that withdrawal of the Lobster FMP appeared necessary due to increasing concerns regarding whether the FMP was consistent with Magnuson Act national standards. As a final reason for its action, NMFS expressed its intention that federal management of the American lobster fishery be consistent with state lobster management programs. Despite being heralded as a shift to state management, a detailed analysis of the management scheme provided under the ACFCMA shows that while authority for development of the lobster plan lies with the states, via the ASMFC, there remains a significant role for the federal government acting through the Secretary of Commerce. In fact, withdrawal of approval of the Lobster FMP and its implementing regulations presents opportunities for state and federal cooperation in management of the lobster fishery. The ACFCMA presents novel management opportunities by reducing constraints on the exercise of state jurisdiction over federal waters, as well as by providing the NMFS with greater authority to affect state activities within state waters. Indeed, it is this blurring of jurisdictional boundaries that has provided the opportunity at hand. The ability of ASMFC to utilize the enhanced cooperative and jurisdictional authority of state and federal agencies in the management of the lobster fishery may serve as a model for future management of other fisheries. The ASMFC plan will test the willingness of the federal government to serve merely as a conduit for state management measures without overstepping its apparently enlarged authority within state waters. The states, for their part, must exercise sound judgment in the development of an appropriate lobster management regime. Moreover, the states must prove their ability to reach consensus on an ASMFC plan. In order to achieve the goals of the new regulatory regime, the federal government, acting in large part through the NMFS, must conform its regulations and enforcement actions to the ASMFC plan while not arbitrarily exercising such power in a fashion that violates state sovereignty. If successful, their management approach may serve as a model for future fishery management efforts. The purposes of this Comment are three-fold. Part II of this Comment will explore the legislative enactments that have provided the basis for cooperative jurisdiction in fishery management. Part II.A discusses how state and federal authority as originally codified in the Magnuson Act was sharply delineated, and how that delineation gradually gave way to the cooperative management approach embodied in the ACFCMA. The 1996 Amendments to the Magnuson Act, while not directly implicated in the lobster scenario, further compliment the shift towards cooperative jurisdiction, as detailed in Part II.B. Part II.C will closely examine the ACFCMA, the foundation for future lobster fishery management, from the creation of the ASMFC to the Act\u27s specific provisions for state and federal cooperation in fishery management. The second purpose of this Comment is to review the history of lobster fishery management, from the roots of the Magnuson Act FMP through the decision to withdraw it. Part III.A will outline the basic approach to fishery management under the Magnuson Act before turning to the particulars of the federal lobster fishery management plan under Part III.B. Part III.C will discuss the ultimate failure of Amendment Five to the Lobster FMP which was in large part the impetus for the decision to withdraw the plan, as detailed in Part III.D. The final purpose of this Comment is to raise questions concerning potential conflicts that may arise in the transition of lobster fishery management to the ASMFC. Part IV considers two specific obstacles that must be overcome in order to achieve the desired level of state and federal cooperation in fishery management. The effects of these obstacles will be weighed and likely resolutions will be suggested; but most important will be the identification of issues the resolution of which will determine the future success of the plan

American Lobster Fishery Management Under The Atlantic Coastal Fisheries Cooperative Management Act: An Attempt At Cooperative Fishery Jurisdiction

After the elections in 1994, the Republican party cited their newly gained power over the Senate and the House of Representatives as a call by Americans for smaller government, deregulation, and a return of power to the states. Political leaders from both sides of the aisle responded in kind, albeit with varying degrees of deference to existing federal based power. In step with this federalist mandate, in late February and early March of 1995, President Bill Clinton announced the Regulatory Reinvention Initiative, to reform the federal regulatory system. Fishery management has become a proving ground of this regulatory reform and the call for return of power to the states. In 1996 the Atlantic lobster fishery became the target of this emerging federalism. Lobster fishery management, it is contended, is a prime example of a federal regulatory scheme that is better suited to state management. As a result, in late March 1996, the National Marine Fisheries Service (NMFS) an- nounced its intention to withdraw approval of the federal Fishery Management Plan for the American Lobster Fishery (Lobster FMP) and implementing regulations. Conservation and management of the lobster fishery, proposed the NMFS, could be managed by the states through the Atlantic States Marine Fishery Commission (ASMFC). The NMFS called upon the ASMFC to further develop its lobster coastal management plan (CMP) and to develop regulations under the authority of the Atlantic Coastal Fisheries Cooperative Management Act (ACFCMA). NMFS cited the President\u27s Regulatory Reinvention Initiative as a reason for its withdrawal of approval of the existing Lobster FMP. NMFS also determined that withdrawal of the Lobster FMP would not compromise the identified resource management and conservation objectives for the fishery. NMFS further supported its action by asserting that withdrawal of the Lobster FMP appeared necessary due to increasing concerns regarding whether the FMP was consistent with Magnuson Act national standards. As a final reason for its action, NMFS expressed its intention that federal management of the American lobster fishery be consistent with state lobster management programs. Despite being heralded as a shift to state management, a detailed analysis of the management scheme provided under the ACFCMA shows that while authority for development of the lobster plan lies with the states, via the ASMFC, there remains a significant role for the federal government acting through the Secretary of Commerce. In fact, withdrawal of approval of the Lobster FMP and its implementing regulations presents opportunities for state and federal cooperation in management of the lobster fishery. The ACFCMA presents novel management opportunities by reducing constraints on the exercise of state jurisdiction over federal waters, as well as by providing the NMFS with greater authority to affect state activities within state waters. Indeed, it is this blurring of jurisdictional boundaries that has provided the opportunity at hand. The ability of ASMFC to utilize the enhanced cooperative and jurisdictional authority of state and federal agencies in the management of the lobster fishery may serve as a model for future management of other fisheries. The ASMFC plan will test the willingness of the federal government to serve merely as a conduit for state management measures without overstepping its apparently enlarged authority within state waters. The states, for their part, must exercise sound judgment in the development of an appropriate lobster management regime. Moreover, the states must prove their ability to reach consensus on an ASMFC plan. In order to achieve the goals of the new regulatory regime, the federal government, acting in large part through the NMFS, must conform its regulations and enforcement actions to the ASMFC plan while not arbitrarily exercising such power in a fashion that violates state sovereignty. If successful, their management approach may serve as a model for future fishery management efforts. The purposes of this Comment are three-fold. Part II of this Comment will explore the legislative enactments that have provided the basis for cooperative jurisdiction in fishery management. Part II.A discusses how state and federal authority as originally codified in the Magnuson Act was sharply delineated, and how that delineation gradually gave way to the cooperative management approach embodied in the ACFCMA. The 1996 Amendments to the Magnuson Act, while not directly implicated in the lobster scenario, further compliment the shift towards cooperative jurisdiction, as detailed in Part II.B. Part II.C will closely examine the ACFCMA, the foundation for future lobster fishery management, from the creation of the ASMFC to the Act\u27s specific provisions for state and federal cooperation in fishery management. The second purpose of this Comment is to review the history of lobster fishery management, from the roots of the Magnuson Act FMP through the decision to withdraw it. Part III.A will outline the basic approach to fishery management under the Magnuson Act before turning to the particulars of the federal lobster fishery management plan under Part III.B. Part III.C will discuss the ultimate failure of Amendment Five to the Lobster FMP which was in large part the impetus for the decision to withdraw the plan, as detailed in Part III.D. The final purpose of this Comment is to raise questions concerning potential conflicts that may arise in the transition of lobster fishery management to the ASMFC. Part IV considers two specific obstacles that must be overcome in order to achieve the desired level of state and federal cooperation in fishery management. The effects of these obstacles will be weighed and likely resolutions will be suggested; but most important will be the identification of issues the resolution of which will determine the future success of the plan

Effective area calibration of the reflection grating spectrometers of XMM-Newton. II. X-ray spectroscopy of DA white dwarfs

White dwarf spectra have been widely used as a calibration source for X-ray and EUV instruments. The in-flight effective area calibration of the reflection grating spectrometers (RGS) of XMM-Newton depend upon the availability of reliable calibration sources. We investigate how well these white dwarf spectra can be used as standard candles at the lowest X-ray energies in order to gauge the absolute effective area scale of X-ray instruments. We calculate a grid of model atmospheres for Sirius B and HZ 43A, and adjust the parameters using several constraints until the ratio of the spectra of both stars agrees with the ratio as observed by the low energy transmission grating spectrometer (LETGS) of Chandra. This ratio is independent of any errors in the effective area of the LETGS. We find that we can constrain the absolute X-ray spectrum of both stars with better than 5 % accuracy. The best-fit model for both stars is close to a pure hydrogen atmosphere, and we put tight limits to the amount of helium or the thickness of a hydrogen layer in both stars. Our upper limit to the helium abundance in Sirius B is 4 times below the previous detection based on EUVE data. We also find that our results are sensitive to the adopted cut-off in the Lyman pseudo-continuum opacity in Sirius B. We get best agreement with a long wavelength cut-off. White dwarf model atmospheres can be used to derive the effective area of X-ray spectrometers in the lowest energy band. An accuracy of 3-4 % in the absolute effective area can be achieved.Comment: 15 pages, 7 figures, accepted for publication in Astronomy & Astrophysics, main journa

Metal abundances in PG1159 stars from Chandra and FUSE spectroscopy

We investigate FUSE spectra of three PG1159 stars and do not find any evidence for iron lines. From a comparison with NLTE models we conclude a deficiency of 1-1.5 dex. We speculate that iron was transformed into heavier elements. A soft X-ray Chandra spectrum of the unique H- and He-deficient star H1504+65 is analyzed. We find high neon and magnesium abundances and confirm that H1504+65 is the bare core of either a C-O or a O-Ne-Mg white dwarf.Comment: To be published in: Proceedings 13th European Workshop on White Dwarfs, NATO Science Series, 4 pages, 1 figur

Chandra grating spectroscopy of three hot white dwarfs

High-resolution soft X-ray spectroscopic observations of single hot white dwarfs are scarce. With the Chandra Low-Energy Transmission Grating, we have observed two white dwarfs, one is of spectral type DA (LB 1919) and the other is a non-DA of spectral type PG1159 (PG 1520+525). The spectra of both stars are analyzed, together with an archival Chandra spectrum of another DA white dwarf (GD 246). The soft X-ray spectra of the two DA white dwarfs are investigated in order to study the effect of gravitational settling and radiative levitation of metals in their photospheres. LB 1919 is of interest because it has a significantly lower metallicity than DAs with otherwise similar atmospheric parameters. GD 246 is the only white dwarf known that shows identifiable individual iron lines in the soft X-ray range. For the PG1159 star, a precise effective temperature determination is performed in order to confine the position of the blue edge of the GW Vir instability region in the HRD. (abridged)Comment: A&A, in pres

A Gemini ground-based transmission spectrum of WASP-29b: a featureless spectrum from 515 to 720nm

We report Gemini-South GMOS observations of the exoplanet system WASP-29 during primary transit as a test case for differential spectrophotometry. We use the multi-object spectrograph to observe the target star and a comparison star simultaneously to produce multiple light curves at varying wavelengths. The 'white' light curve and fifteen 'spectral' light curves are analysed to refine the system parameters and produce a transmission spectrum from 515 to 720nm. All light curves exhibit time-correlated noise, which we model using a variety of techniques. These include a simple noise rescaling, a Gaussian process model, and a wavelet based method. These methods all produce consistent results, although with different uncertainties. The precision of the transmission spectrum is improved by subtracting a common signal from all the spectral light curves, reaching a typical precision of ~1x10^-4 in transit depth. The transmission spectrum is free of spectral features, and given the non-detection of a pressure broadened Na feature, we can rule out the presence of a Na rich atmosphere free of clouds or hazes, although we cannot rule out a narrow Na core. This indicates that Na is not present in the atmosphere, and/or that clouds/hazes play a significant role in the atmosphere and mask the broad wings of the Na feature, although the former is a more likely explanation given WASP-29b's equilibrium temperature of ~970 K, at which Na can form various compounds. We also briefly discuss the use of Gaussian process and wavelet methods to account for time correlated noise in transit light curves.Comment: 15 pages, 9 figures, 3 tables. Published in MNRAS. Figure 2 corrected in version

The optical transmission spectrum of the hot Jupiter HAT-P-32b: clouds explain the absence of broad spectral features?

We report Gemini-North GMOS observations of the inflated hot Jupiter HAT-P-32b during two primary transits. We simultaneously observed two comparison stars and used differential spectro-photometry to produce multi-wavelength light curves. 'White' light curves and 29 'spectral' light curves were extracted for each transit and analysed to refine the system parameters and produce transmission spectra from 520-930nm in ~14nm bins. The light curves contain time-varying white noise as well as time-correlated noise, and we used a Gaussian process model to fit this complex noise model. Common mode corrections derived from the white light curve fits were applied to the spectral light curves which significantly improved our precision, reaching typical uncertainties in the transit depth of ~2x10^-4, corresponding to about half a pressure scale height. The low resolution transmission spectra are consistent with a featureless model, and we can confidently rule out broad features larger than about one scale height. The absence of Na/K wings or prominent TiO/VO features is most easily explained by grey absorption from clouds in the upper atmosphere, masking the spectral features. However, we cannot confidently rule out clear atmosphere models with low abundances (~10^-3 solar) of TiO, VO or even metal hydrides masking the Na and K wings. A smaller scale height or ionisation could also contribute to muted spectral features, but alone are unable to to account for the absence of features reported here.Comment: 17 pages, 11 figures, 2 tables, accepted for publication in MNRA

Discovery of photospheric argon in very hot central stars of planetary nebulae and white dwarfs

We report the first discovery of argon in hot evolved stars and white dwarfs. We have identified the ArVII 1063.55A line in some of the hottest known (Teff=95000-110000 K) central stars of planetary nebulae and (pre-) white dwarfs of various spectral type. We determine the argon abundance and compare it to theoretical predictions from stellar evolution theory as well as from diffusion calculations. We analyze high-resolution spectra taken with the Far Ultraviolet Spectroscopic Explorer. We use non-LTE line-blanketed model atmospheres and perform line-formation calculations to compute synthetic argon line profiles. We find a solar argon abundance in the H-rich central star NGC1360 and in the H-deficient PG1159 star PG1424+535. This confirms stellar evolution modeling that predicts that the argon abundance remains almost unaffected by nucleosynthesis. For the DAO-type central star NGC7293 and the hot DA white dwarfs PG0948+534 and REJ1738+669 we find argon abundances that are up to three orders of magnitude smaller than predictions of calculations assuming equilibrium of radiative levitation and gravitational settling. For the hot DO white dwarf PG1034+001 the theoretical overprediction amounts to one dex. Our results confirm predictions from stellar nucleosynthesis calculations for the argon abundance in AGB stars. The argon abundance found in hot white dwarfs, however, is another drastic example that the current state of equilibrium theory for trace elements fails to explain the observations quantitatively.Comment: Accepted for publication in A&