bluuebunny/crossref_metadata_2025 huggingface dataset:
Sharing, Samples, and Generics: an Antitrust Framework
Authors: Carrier Michael A.
Published: July 2018

103 Cornell L. Rev. 1 (2017)Rising drug prices are in the news. By increasing price, drug companies have placed vital, even life-saving, medicines out of the reach of consumers. In a recent development, brand firms have prevented generics even from entering the market. The ruse for this strategy involves risk-management programs known as Risk Evaluation and Mitigation Strategies (“REMS”). Pursuant to legislation enacted in 2007, the FDA requires REMS when a drug’s risks (such as death or injury) outweigh its rewards. Brands have used this regime, intended to bring drugs to the market, to block generic competition. Regulations such as the federal Hatch-Waxman Act and state substitution laws foster widespread generic competition. But these regimes can only be effectuated through generic entry. And that entry can take place only if a generic can use a brand’s sample to show that its product is equivalent. More than 100 generic firms have complained that they have not been able to access needed samples. One study of 40 drugs subject to restricted access programs found that generics’ inability to enter cost more than $5 billion a year. Brand firms have contended that antitrust law does not compel them to deal with their competitors and have highlighted concerns related to safety and product liability in justifying their refusals. This Article rebuts these claims. It highlights the importance of samples in the regulatory regime and the FDA’s inability to address the issue. It shows how a sharing requirement in this setting is consistent with Supreme Court caselaw. And it demonstrates that the brands’ behavior fails the defendant-friendly “no economic sense” test because the conduct literally makes no sense other than by harming generics. Brands’ denial of samples offers a textbook case of monopolization. In the universe of pharmaceutical antitrust behavior, other conduct—such as “pay for delay” settlements between brands and generics and “product hopping” from one drug to a slightly modified version—has received the lion’s share of attention. But sample denials are overdue for antitrust scrutiny. This Article fills this gap. Given the failure of Congress and the FDA to remedy the issue, antitrust can play a crucial role in ensuring generic access to samples, affirming a linchpin of the pharmaceutical regime.
The ethics of big data as a public good: which public? Whose good?
Authors: Taylor Linnet
Published: July 2018

International development and humanitarian organizations are increasingly calling for digital data to be treated as a public good because of its value in supplementing scarce national statistics and informing interventions, including in emergencies. In response to this claim, a ‘responsible data’ movement has evolved to discuss guidelines and frameworks that will establish ethical principles for data sharing. However, this movement is not gaining traction with those who hold the highest-value data, particularly mobile network operators who are proving reluctant to make data collected in low- and middle-income countries accessible through intermediaries. This paper evaluates how the argument for ‘data as a public good’ fits with the corporate reality of big data, exploring existing models for data sharing. I draw on the idea of corporate data as an ecosystem involving often conflicting rights, duties and claims, in comparison to the utilitarian claim that data's humanitarian value makes it imperative to share them. I assess the power dynamics implied by the idea of data as a public good, and how differing incentives lead actors to adopt particular ethical positions with regard to the use of data.
Carlos and Rosa de la Cruz Introductory Remarks
Authors: Library Cornell
Published: July 2018

Felix Gonzalez-Torres did not court the limelight. His work is quiet and generous, further accentuated by the seeming incongruity of his selection of location. Always preferring the side to the center stage. He once said that in an exhibition in Europe, he chose to install his work in an office rather than in the actual exhibition space. Thus, I was not surprised that his light piece, “Untitled ” (America #3), was installed in the cafeteria of the Guggenheim Museum in New York for his retrospective in March of 1995.
What If Extinction Is Not Forever?
Authors: Sherkow Jacob S. , Greely Henry T.
Published: July 2018

Although new technologies may make it possible to bring extinct species back to life, there are ethical, legal, and social ramifications to be addressed.
Consumer Internet Standard Form Contracts in India: A Proposal
Authors: Hillman Robert A.
Published: July 2018

Forthcoming in 29 (1) National Law School of India Review 2017 India has experienced a dramatic increase in consumer Internet shopping due to its convenience and the myriad choices of the Internet. Further, India enjoys a rapidly developing economy, rising living standards, and improving middle-class income, all of which promote Internet shopping. However, worldwide, few consumers read their e-standard forms and India is likely no exception. In addition, the legal framework in India is inadequate to police vendor opportunism in the form of drafting unfair e-standard terms. Because consumer confidence is a prerequisite to growing Internet commerce, a more comprehensive and direct solution would be beneficial to India’s economyConsumer Internet Standard Form Contracts in India: A Proposal first examines existing strategies to protect consumers and concludes they may be inadequate. The article argues that the most promising approach to consumer protection comes from the American Law Institute’s (ALI) Principles of the Law of Software Contracts. The ALI Principles strategy is to encourage early Internet disclosure of a vendor’s standard terms, before a consumer initiates a transaction. The Principles treat such disclosure as a “best practice” that increases the likelihood of enforcement of the vendor’s e-standard terms. The ALI Principles also call for a more robust judicial use of policing tools, including unconscionability and public policy, despite the limitations of these principles. The ALI disclosure approach likely would not improve consumer reading of e-terms. However, rating services and watchdog groups (of which there are many on the Internet) would have better access to problematic terms and could publicize vendors’ use of them. Vendors would be motivated to draft reasonable terms to establish and preserve good will and good reputations.
Procedural Retrenchment and the States
Authors: Clopton Zachary D.
Published: July 2018

Although not always headline grabbing, the Roberts Court has been highly interested in civil procedure. According to critics, the Court has undercut access to justice and private enforcement through its decisions on pleading, class actions, summary judgment, arbitration, standing, personal jurisdiction, and international law.While I have much sympathy for the Court’s critics, the current discourse too often ignores the states. Rather than bemoaning the Roberts Court’s decisions to limit court access—and despairing further developments in the age of Trump—we instead might productively focus on the options open to state courts and public enforcement. Many of the aforementioned decisions are not binding on state courts, and many states have declined to follow their reasoning. This Article documents state courts deviating from Twombly and Iqbal on pleading; the Celotex trilogy on summary judgment; Wal-Mart v. Dukes on class actions; and Supreme Court decisions on standing and international law. Similarly, many of the Court’s highly criticized procedural decisions do not apply to public enforcement, and many public suits have proceeded where private litigation would have failed. This Article documents successful state-enforcement actions when class actions could not be certified, when individual claims would be sent to arbitration, and when private plaintiffs would lack Article III standing.In sum, this Article evaluates state court and state-enforcement responses to the Roberts Court’s procedural decisions, and it suggests further interventions by state courts and public enforcers that could offset the regression in federal court access. At the same time, this analysis also illuminates serious challenges for those efforts, and it offers reasons to be cautious about state procedure and enforcement. Leveling down to state actors may not completely escape the political forces that have shaped federal procedure, and it may exacerbate some of the political economies that have undermined private enforcement and private rights to date.
From Meaning to Money: Translating Injury into Dollars
Authors: Hans Valerie P. , Helm Rebecca K. , Reyna Valerie
Published: July 2018

Legal systems often require the translation of qualitative assessments into quantitative judgments, yet the qualitative-to-quantitative conversion is a challenging, understudied process. We conducted an experimental test of predictions from a new theory of juror damage award decision making, examining how 154 lay people engaged in the translation process in recommending money damages for pain and suffering in a personal injury tort case. The experiment varied the presence, size, and meaningfulness of an anchor number to determine how these factors influenced monetary award judgments, perceived difficulty, and subjective meaningfulness of awards. As predicted, variability in awards was high, with awards participants considered to be “medium” (rather than “low” or “high”) having the most dispersion. The gist of awards as low, medium, or high fully mediated the relationship between perceived pain/suffering and award amount. Moreover, controlling for participants’ perceptions of plaintiffs and defendants, as well as their desire to punish and to take economic losses into account, meaningful anchors predicted unique variance in award judgments: A meaningful large anchor number drove awards up and a meaningful small anchor drove them down, whereas meaningless large and small anchors did not differ significantly. Numeracy did not predict award magnitudes or variability, but surprisingly, more numerate participants reported that it was more difficult to pick an exact figure to compensate the plaintiff for pain and suffering. The results support predictions of the theory about qualitative gist and meaningful anchors, and suggest that we can assist jurors to arrive at damage awards by providing meaningful numbers.
Litigation Arising from the Use of Soft-tissue Fillers in the United States
Authors: Navid Ezra , Peacoke Elizabeth , Keele Benjamin John , Kingsley Melanie
Published: July 2018

Navid, E., Peacock, E. A., Keele, B. J., and Kingsley M. (2015). Litigation arising from the use of soft-tissue fillers in the United States. Journal of the American Academy of Dermatology 73(4), 702-704.
Piracy Prosecutions in National Courts
Authors: Gardner Maggie
Published: July 2018

10 Journal of International Criminal Justice 797 (2012)At least for the time being, the international community must rely on national courts to prosecute modern-day pirates. The first wave of domestic piracy prosecutions suggests, however, that domestic courts have yet to achieve the necessary consistency and expertise in resolving key questions of international law in these cases. This article evaluates how courts trying modern-day pirates have addressed common questions of international law regarding the exercise of universal jurisdiction, the elements of the crime of piracy, and the principle of nullum crimen sine lege. In doing so, it evaluates five decisions issued in 2010 by courts in Kenya, the Netherlands, the Seychelles and the United States, and it proposes some clear answers to these recurrent questions of international law in domestic piracy prosecutions.
The Recession Mounts the Ivory Tower: How the Lillian Goldman Law Library at Yale has met the Challenges Posed by a Declining Economy
Authors: Cadmus Femi , Kaufmann Blair
Published: July 2018

The global recession has wrought havoc on the budgets of libraries worldwide, forcing administrators to reassess priorities and change direction midcourse. Privately funded academic libraries which typically rely heavily on large endowments have not been exempt and in fact have probably been hit the hardest. The challenges encountered by this long drawn financial crisis have ultimately provided opportunities to reassess priorities and conduct business more efficiently.
A First Amendment Right to Corrupt Your Politician
Authors: Temchenko Eugene
Published: July 2018

103 Cornell L. Rev. 465 (2018) Are you dealing with state or federal agencies, to no avail? Do you need someone on top to advocate for you? You may have a right to buy your Governor’s help. It is well-established that the Constitution protects the right of political association, which includes contributions to candidates in return for ingratiation and access. Nonetheless, courts and scholars have generally limited this right to contributions to campaigns for public office. After McDonnell v. United States, that may change. Reading the McDonnell opinion in light of McCutcheon, this Note and other commentators conclude that the Supreme Court may have inadvertently created a First Amendment right to buy a politician’s influence, favor, and advocacy even outside the campaign finance setting. Undoubtedly, to the general public this must appear as nothing other than a First Amendment right to bribery. Yet this right has already been articulated in courts and has the support of at least one U.S. Circuit Court of Appeals judge. These findings suggest that Congress may no longer be able to criminalize certain types of corruption. Some courts have begun to reverse convictions and invalidate parts of existing anti-corruption statutes. While the impact of the First Amendment right remains unclear, the dismantling of the United States’ anti-corruption framework may already have begun.
The Google Dilemma
Authors: Grimmelmann James
Published: July 2018

53 New York Law School Law Review 939 (2009)Web search is critical to our ability to use the Internet. Whoever controls search engines has enormous influence on all of us; whoever controls the search engines, perhaps, controls the Internet itself. This short essay (based on talks given in January and April 2008) uses the stories of five famous search queries to illustrate the conflicts over search and the enormous power Google wields in choosing whose voices are heard on the Internet.
Open Publication, Digital Abundance, and Scarce Labour
Authors: Eve Martin Paul
Published: July 2018

This article examines the challenges of labour provision in the open-access online scholarly publishing environment. Noting that the technological underpinnings of open access imply an abundance, it is also the case that the labour that remains necessary within the publishing processes are based upon a set of economics that are scarce. I here argue, with a demonstration of some of the labours of XML typesetting, that we are unlikely to realise the transformations of abundant proliferation of scholarship without a change and re-distribution of labour functions to authors. The resultant outputs are, I argue, less likely to be machine readable and semantically rich, thereby conflicting with other imagined digital possibilities.
Assessment as Action Research: Bridging Academic Scholarship and Everyday Practice
Authors: Hinchliffe Lisa Janicke
Published: July 2018

"This introductory essay demonstrates that action research has a vital role in evidence informed practice in academic libraries. Scholarly projects like the ones described in thisspecial issue can support the development of a culture of evidence-informed decision making. Through the articles in this issue, readers can come to a deeper understanding ofaction research as a productive, appropriate, and rigorous way of knowing and generating knowledge. Action research studies, such as these, are effective means of buildinga profession’s ways of knowing, nurturing a community of practice, and generating legitimate and rigorous scholarship. We invite you to learn, through the thoughtfulcontributions of these authors, the value of this research approach as well as their results."
Serving Transgender Patrons in Academic Libraries
Authors: Krueger Stephen Gustav
Published: July 2018

This essay explores library service to transgender patrons looking first at relevant federal legislation and library policies that support services and then discussing steps library staff can take to provide meaningful support for transgender patrons.
Towards the digital preservation of DOM-node-keyed scholarly web annotations
Authors: Eve Martin Paul
Published: July 2018

The current generation of web annotation technologies use a set of keying techniques, often based on the Document Object Model (DOM) for representing HTML content, that link an annotation to its target content. However, when the DOM structure changes, for any reason, or browser rendering engines parse the underlying source differently, annotations can be orphaned and incorrectly re-attached. This article explores the preservation strategies that are required to ensure the longevity of scholarly annotations that use such technologies. These recommendations range from the social changes needed for the perception of annotations as first-class scholarly objects through to the technological changes and infrastructures that are needed for the preservation of such objects. It concludes with a series of recommendations for changes in practice and infrastructure that work towards the digital preservation of DOM-node-keyed scholarly web annotations.
Healthcare economics and information literacy: Resources for success in undergraduate biomedical engineering education
Authors: Carroll Alexander James , Hallman Shelby , Umstead Kelly , Ozturk Hatice , McCall James V , DiMeo Andrew John
Published: July 2018

The pathway to successful medical innovation includes a labyrinth of business hurdles including regulatory approval, reimbursement strategy, intellectual property, and marketing challenges. Early consideration of these factors informs critical decisions in the biomedical engineering (BME) design process that minimize product and business risks. Information literacy training provides students with strategies for discovering the wide range of resources for biomedical engineering design. This expanded knowledge base can be leveraged to generate more fully realized solutions that may improve commercialization success and decrease time to market, ensuring the medical innovations more quickly reach patients and healthcare providers.This poster presents a cohort study of BME students who matriculated through an expanded information literacy program. This updated information literacy curriculum, implemented in two phases over two academic years, exposes students to the complex environment surrounding innovative design in healthcare broadly, and medical device design in particular. This additional component of the design project requires BME students to consult and cite a diverse array of information sources within their project documentation, including patents, business intelligence, legal proceedings, FDA regulatory information, as well as insurance reimbursement and medical bill coding. Poster originally presented at the 2018 ASEE Annual Conference & Exposition, Salt Lake City, UT, June 26, 2018
Research Data Management Among Life Sciences Faculty: Implications for Library Service
Authors: Weigand Kelly , Rampin Vicky
Published: July 2018

Pending peer review and publication. Following the 2013 release of the Increasing Access to the Results of Federally Funded Research memorandum, research data management (RDM) has been the target of increased interest and development among both researchers and librarians. Widespread evidence of significant variability in practices and attitudes indicates that librarians should evaluate their specific patron base as they approach service development. The authors issued a survey to estimate actual and perceived research data management needs of NYU's life sciences faculty in order to understand how the library could best contribute to the research lifecycle.
Text and Data Mining: Seeking Traction
Authors: Padilla Thomas
Published: July 2018

Working in libraries affords many opportunities to engage challenges associated with text and data mining (TDM) limited access datasets. Challenges afford themselves across interactions with diverse disciplinary communities at institutions with varying resources. Increasingly, data requested by research communities fall outside the traditional purview of library collection development and research support. Solutions to TDM challenges are few given gaps in understanding and misaligned values. Continued activity in light of these factors fosters an environment where weaknesses and threats are many and seemingly tractable opportunities are few. In the space of this brief statement I will introduce four challenges: (1) underdeveloped and inconsistent content provider effort to meet text and data mining need, (2) misaligned values reinforced by ambiguous and/or overly restrictive content provider terms, (3) debt incurred by technical abstraction, and (4) purposeful technical opacity.
Bringing Open Access into Interlibrary Loan with the Open Access Button
Authors: Bowley Chealsye
Published: July 2018

Book chapter from Applying Library Values to Emerging Technology: Decision-Making in the Age of Open Access, Maker Spaces, and the Ever-Changing Library; edited by Peter D. Fernandez and Kelly Tilton; published by ACRL on 22 February 2018. Abstract: #icanhazpdf and Sci-Hub have become notorious examples of independent initiatives to connect researchers, students, and the public to research (Bohannon 2016, Gardner and Garden 2015, Waddel 2016). Both initiatives have been criticized for their unlawful methods, but also lauded as necessary civil disobedience (Brembs 2016, Gardner and Gardner 2015). However, both #icanhazpdf and Sci-Hub are temporary, band-aid solutions to accessing research behind paywalls. In contrast, the Open Access Button, a grassroots advocacy and technology project, focuses on providing legal and permanent access to research. This chapter discusses the need for legal initiatives and permanent solutions to accessing paywalled research, and how the Open Access Button can be integrated with interlibrary loan to help potentially reduce interlibrary loan costs.
Mapping the Achieved Values of Legal Reference Books Onto the Digital Future
Authors: Outler Elizabeth
Published: July 2018

Web-based platforms for online reading and research create increasing accessibility of information but more challenging “findability.” This article discusses concerns about losing the “values” of print-based research, as more libraries drop print subscriptions and reference materials and rely exclusively on electronic access. The visible organization of information, as well as its physical layout, make real contributions to the way we find answers and how we understand what we find. In the ongoing transition away from print resources, librarians have opportunities to carry forward the values of print into the digital future.
Use of Facebook in academic health sciences libraries
Authors: Hendrix Dean , Chiarella Deborah , Hasman Linda , Murphy Sharon , Zafron Michelle L.
Published: July 2018

The investigators designed and distributed a survey to analyze academic health sciences libraries’ use of the popular social network, Facebook.
Experiential Learning In Digital Marketing: A Library Social Media Takeover
Authors: DeCoster Daisy , Naatus Mary Kate
Published: July 2018

While most academic libraries engage in some form of social media communication, questions have been raised as to the effectiveness of social media in building library community and the appropriateness of adding social media communication to the wide array of job duties librarians take on each day. In the spring of 2016 Saint Peter’s University Libraries allowed a student team from a Digital and Social Media Marketing class to conduct a “social media takeover” of the library Facebook account and to kickstart a library Instagram presence. This successful project led to the establishment of a social media plan for the library and the creation of a new work study position focused on digital marketing and social media outreach. This case study will describe the experience of transitioning from librarian-run to student-run social media at a small urban university library, as well as examine the effect of this experiential class component on attainment of student learning outcomes in a digital marketing class.
Library Collection Development in the Age of Open Access and Research Sharing
Authors: Regier Ryan
Published: July 2018

Presented at the North Dakota-Manitoba ACRL Chapter 2018 Symposium, this presentation looks at questions raised by recent developments in open access and research sharing in regards to how they will impact library collection management budgets. With users now accessing articles outside of the library at an increasing rate and the ongoing financial issues caused by the serials crisis, when will libraries engage in mass journal subscription cancellations? This presentation will attempt to give some greater context to these trends and discuss some issues that will arise
Linking home ranges to protected area size: The case study of the Mediterranean Sea
Authors: Di Franco Antonio , Plass-Johnson Jeremiah G. , Di Lorenzo Manfredi , Meola Bruno , Claudet Joachim , Gaines Steve , Garcia-Charton Jose Antonio , Giakoumi Sylvaine , Grorud-Colvert Kirsten , Hackradt Carlos Werner , Micheli Fiorenza , Guidetti Paolo
Published: July 2018

Protected areas not allowing extractive activities (here called fully protected area) are a spatially explicit conservation management tool commonly used to ensure populations persistence. This is achieved when an adequate fraction of a species' population spends most of its time within the boundaries of the protected area. Within a marine context, home ranges represent a tractable metric to provide guidance and evaluation of fully protected areas. We compiled peer-reviewed literature specific to the home ranges of finfishes and invertebrates of ecological and/or commercial importance in the Mediterranean Sea, and related this to the size of 184 Mediterranean fully protected areas. We also investigated the influence of fully protected areas size on fish density in contrast to fished areas with respect to home ranges. Home range estimations were available for 11 species (10 fishes and 1 lobster). The European spiny lobster Palinurus elephas had the smallest home range (0.0039 ± 0.0014 km2; mean ± 1 SE), while the painted comber Serranus scriba (1.1075 ± 0.2040 km2) had the largest. Approximately 25% of Mediterranean fully protected areas are larger than 2 times the size of the largest home range recorded. Fish densities were significantly higher when fully protected areas were larger than the home range, while no change in density occurred when home ranges were larger than fully protected areas. These results display a direct link between the effectiveness of fully protected areas and species' home range, suggesting that fully protected areas of at least 3.6 km2 may increase the density of local populations of these coastal marine species.
Reef vision: A citizen science program for monitoring the fish faunas of artificial reefs
Authors: Florisson James , Tweedley James , Walker Tim , Chaplin Jennifer A.
Published: July 2018

There has been a marked increase in the number of artificial reefs being deployed around the world, many of which are designed to increase catches of recreationally-targeted fish species. As artificial reef deployments should be accompanied by clear and measurable goals and thus subsequent environmental impact monitoring and performance evaluation, there is a need to develop cost-effective monitoring programs. This study provides proof of concept for a citizen science approach to monitoring the fish faunas of artificial reefs (Reef Vision). Recreational fishers were recruited to collect video samples using Baited Remote Underwater Video systems and submit the resultant footage for analysis and interpretation by professional scientists. Reef Vision volunteers were able to collect enough data of sufficient quality to monitor the Bunbury and Dunsborough artificial reefs in Geographe Bay, south-western Australia. Data were extracted from the footage and used in robust univariate and multivariate analyses, which determined that a soak time of 45 min was sufficient to capture ≥ 95% of the number of species, abundance, diversity and composition of the fish fauna. The potential for these data to detect differences in the characteristics of the fish fauna between reefs and seasons was also investigated and confirmed. With the continuing deployment of artificial reefs around the world, the use of similar cost-effective citizen science monitoring approaches can help determine the effectiveness of these structures in achieving their aims and goals and provide valuable data for researchers, managers and decision makers. Projects such as Reef Vision can also benefit volunteers and communities by enhancing social values, creating ownership over research projects and fostering stewardship of aquatic resources.
Community biomass and life history benchmarks for coral reef fisheries
Authors: McClanahan Timothy
Published: July 2018

The status of fisheries requires establishing and evaluating benchmarks derived from unfished ecosystems. Habitats, environmental conditions, properties of the fish communities, and management systems could potentially influence the variability surrounding benchmarks. Consequently, eighteen variables including habitat, number of species, life histories, thermal and productivity environments were tested for influences on reef fish biomass in 62 reefs within old high compliance closures along the east African coastline. Biomass and weighted life histories characteristics were classified and described for total, fishable, target, and non-target groups. Benchmark biomass fell within a 95% confidence interval of ~1030 to 1250 kg/ha and equally distributed among target and non-target groups. While some relationships were statistically significant, most were weak, poorly sampled (ocean exposed reefs), had uncertain relationships with biomass (number of species), or the explained variation was bounded within the above confidence intervals (habitat and environment). Therefore, a regional unfished biomass benchmark (B0) of 1150 and 560 kg/ha are recommended for total and target biomasses, respectively. Weighted life history metrics indicate that the target had slower life histories than the non-target fish communities. Consequently, they will be fished unsustainably if yield recommendations are derived from total, resilient, or non-target fish life history metrics. The intrinsic rates of increase (r) and target categorization of biomass were the most influential metrics in estimating yields.
Paying the price to solve fisheries conflicts in Brazil’s Marine Protected Areas
Authors: Lopes Priscila , Villasante Sebastian
Published: July 2018

Ecosystems services (ES) provide food and recreation to humans, but are fast being degraded. Marine Protected Areas (MPAs) have been proposed as a way to protect some of these ES, but decisions regarding what gets protection and what gets consumed can be a source of conflicts. One such example is the Fernando de Noronha MPA (Brazil), where there is a conflict between shark-directed tourism and fishers who would like to access the no-take part of the MPA during part of the year. A contingent valuation method (Willingness to Pay) was used to ascertain if tourists would accept compensating fishers for not disturbing the sharks during a specific period of the year, by adding a symbolic increase in the taxes they already pay to either visit the island or to visit the no-take part of the MPA. Tourists were open to this alternative (67-71%), regardless of the fee being paid. However, there was a slight tendency to reject the fee when the tourists saw sharks during their stay, suggesting that a closer contact with these animals triggered a less sympathetic attitude towards fishers, probably because they start seeing fishers as wrongdoers, even if this is the worst choice for conservation. Although such a hypothetical payment was easily accepted by the majority of the tourists and could represent an affordable solution to conflicts, convincing those who reject such social compensation, especially if based on an irrational choice, would be an important step for sharks and for the MPA as a whole.
How can Automatic Identification System (AIS) data be used for maritime spatial planning?
Authors: Le Tixerant Matthieu , Le Guyader Damien , Gourmelon Françoise , Queffelec Betty
Published: July 2018

Although the importance of Maritime Spatial Planning (MSP) as a concept is know acknowledged and the legal framework is in place, the task of applying it remains a delicate one. One of the keys to success is having pertinent data. Knowing how maritime uses unfold in a spatio-temporal context, and what conflicting or synergistic interactions exist between activities, is crucial. However, this information is especially hard to obtain in a marine environment. As a result this information has often been identified as the missing layer in information systems developed by maritime stakeholders. Since 2002, the Automatic Identification System (AIS) has been undergoing a major development. Allowing for real time geo-tracking and identification for equipped vessels, the data that issues from AIS data promises to map and describe certain marine human activities.After recapitulating the main characteristics of AIS and the data it provides, this article proposes to evaluate how AIS is currently used in MSP at a European level, and to concisely present a series of methods and results obtained within the framework of several operational research projects. The objective is to illustrate how the AIS data processing and analysis can produce adequate information for MSP: maritime traffic density, shipping lanes and navigation flows, hierarchical network of maritime routes, alleged fishing zones, spatio-temporal interactions between activities (potential conflicting uses or synergies). The conclusion looks in particular at the legal questions concerning the use of AIS.
Considerations on the effects of tidal regimes in the movement of floating litter in an estuarine environment: Case study of the estuarine system of Santos-São Vicente, Brazil
Authors: Fernandino Gerson
Published: July 2018

Floating litter in the estuarine system of Santos-São Vicente is common and is part of day-to-day activities of various users of the area. The objective of the present study was to carry out a quali-quantitative evaluation of the occurrence of floating litter, to infer their sources, and to identify environmental factors that are likely to control occurrence and distribution, with particular emphasis on the effects of tidal regimes. Six sampling stations were selected along the aforementioned estuary and visited monthly between July 2010 and January 2012. Floating litter was counted from a fixed sampling station. Plastics prevailed (89.64%) and their main source was domestic activities (55.41%). More litter was found during ebb spring tides, with higher concentrations obeying confluence patterns of the estuary's channels. Results indicated that occurrence can be attributed to the deficiency in basic sewage system in the area and the deliberate disposal into the estuary by the local population.
Feeding ecology of invasive lionfish (Pterois volitans and Pterois miles) in the temperate and tropical western Atlantic
Authors: Villaseñor-Derbez Juan Carlos
Published: July 2018

Numerous location-based diet studies have been published describing different aspects of invasive lionfish (Pterois volitans and Pterois miles) feeding ecology, but there has been no synthesis of their diet composition and feeding patterns across regional gradients. 8125 lionfish stomachs collected from 10 locations were analyzed to provide a generalized description of their feeding ecology at a regional scale and to compare their diet among locations. Our regional data indicate lionfish in the western Atlantic are opportunistic generalist carnivores that consume at least 167 vertebrate and invertebrate prey species across multiple trophic guilds, and carnivorous fish and shrimp prey that are not managed fishery species and not considered at risk of extinction by the International Union for Conservation of Nature disproportionately dominate their diet. Correlations between lionfish size and their diet composition indicate lionfish in the western Atlantic transition from a shrimp-dominated diet to a fish-dominated diet through ontogeny. Lionfish total length (TL) (mm) was found to predict mean prey mass per stomach (g) by the following equation mean prey mass = 0.0002 × TL^1.6391, which can be used to estimate prey biomass consumption from lionfish length-frequency data. Our locational comparisons indicate lionfish diet varies considerably among locations, even at the group (e.g., crab) and trophic guild levels. The Modified Index of Relative Importance developed specifically for this study, calculated as the frequency of prey a × the number of prey a, can be used in other diet studies to assess prey importance when prey mass data are not available. Researchers and managers can use the diet data presented in this study to make inference about lionfish feeding ecology in areas where their diet has yet to be described. These data can be used to guide research and monitoring efforts, and can be used in modeling exercises to simulate the potential effects of lionfish on marine food webs. Given the large variability in lionfish diet composition among locations, this study highlights the importance of continued location-based diet assessments to better inform local management activities.
The integration of social science information into Great Lakes fishery management: Opportunities and challenges
Authors: Heck Nadine , Stedman Richard C. , Gaden Marc
Published: July 2018

Fishery management is increasingly moving toward management that accounts for environmental and social dimensions. Such an approach requires the integration of natural and social science information into planning and decision-making processes. The actual integration of social science information, however, remains limited in many policy and decision-making processes within fisheries. Our study provides insights into factors that influence the intention to use social science information among fishery managers and the actual integration of such information into fishery management. Based on interviews with fishery managers in the Great Lakes, we find that the lack of social science expertise in fishery management agencies leads to multiple negative beliefs and attitudes, and subsequently a low intention to use social science information in decision-making processes. At the same time, the paper finds that more expertise in decision-making tools and basing social science on equal footing with natural sciences within fishery management institutions appears critical to advance the actual integration of social science information in fishery management.
Competing and conflicting messages via online news media: Potential impacts of claims that the Great Barrier Reef is dying
Authors: Eagle Lynne
Published: July 2018

Coverage of issues by news media is known to impact on both public perceptions and policy development aimed at addressing the featured issues. We examine the potential impact of news media coverage regarding the health and potential future of the World heritage-listed Great Barrier Reef, which is under multiple pressures, both natural and anthropogenic. We draw on the extant literature regarding the impact of news media coverage of other complex issues, linking to relevant, albeit limited theoretical concepts that have been applied to previous media studies. We find that media coverage is predominately sensationalized and negative, with the potential to reinforce perceptions that mitigation attempts will be ineffective and thus likely to inhibit future policy development. We discuss the need for a review of existing science communication models and strategies to reduce the knowledge-practice gap between scientists and policy makers, together with proactive strategies to counter negative news coverage.
Policy pivot in Puget Sound: Lessons learned from marine protected areas and tribally-led estuarine restoration
Authors: Christie Patrick , Fluharty David , Kennard Haley , Pollnac Richard , Warren Brad , Williams Terry
Published: July 2018

Environmental change ampliﬁes the challenge of protecting and restoring Puget Sound. As rising pressures from population growth, development, unsustainable resource use, climate impacts and other factors alter this urbanizing basin, eﬀorts to recover salmon and ecosystem health and to enhance climate resilience face unprecedented social complexities and intensifying competition for space. A multi-method study of citizen and practitioner perspectives on protection and restoration suggests that capacity to manage under these conditions can be improved through strengthening an approach that has already become central in restoration practice: multiple-beneﬁt planning. In this research, we examine and compare planning approaches used to develop marine protected areas (MPA) and estuary restoration (ER) projects in Puget Sound. Surveying non-tribal public attitudes toward these projects, we found limited knowledge concerning existing MPAs but support for wider use of such protections. We ﬁnd that initiatives pursuing conservation, protection, restoration and resilience can gain advantage from (a) broadly inclusive and collaborative planning; (b) recognition of tribal treaty rights, management authorities, and leadership; (c) careful consideration and mitigation of project impacts on aﬀected people (e.g. especially tribal and non-tribal ﬁsheries for MPAs; farm interests and landowners for restoration projects). We note that “no-take” MPA designation has stalled, while ER eﬀorts are overcoming sharp objections and controversies by crafting projects to deliver multiple social-ecological beneﬁts: improved ﬂood control and drainage, salmon recovery, recreational enjoyment, and resilience to climate change. Comparable strategies have not yet evolved in designation of “no-take” MPAs in Puget Sound. We oﬀer conclusions and recommendations for accelerating conservation and resilience initiatives to keep pace with a changing environment. A key human dimensions research-based recommendation is that increasing environmental pressures intensify the need to strengthen collaborative and sustained planning and implementation processes.
Mercury Biomagnification Through a Coral Reef Ecosystem
Authors: Rumbold Darren , Lienhardt Christopher , Parsons Michael
Published: July 2018

Total mercury (Hg) and stable isotopes of nitrogen and carbon were determined in the muscle tissue of 50 species of fishes and invertebrates collected at two sites along the Florida reef tract from April 2012 to December 2013. The objective was to test the hypothesis that high biodiversity in coral reefs leading to complex food webs with increased lateral links reduces biomagnification. However, Hg levels ranged as high 6.84 mg/kg. Interestingly, it was not highest in great barracuda (Sphyraena barracuda), considered the top predatory fish, but instead in small porkfish (Anisotremus virginicus), possibly due to their role as a cleaner fish. Trophic magnification slopes (TMS; from regression of log Hg on δ15N) as a measure of biomagnification did not differ between sites, ranging from 0.155 ± 0.04 (± 95% CI) to 0.201 ± 0.07. These TMS also were within the ranges of slopes reported for food webs in other ecosystems; thus, biomagnification of Hg in muscle tissue was not reduced in the system.
Integrating fishing spatial patterns and strategies to improve high seas fisheries management
Authors: Vilela Raul
Published: July 2018

Fishing activity in waters beyond national jurisdiction generates multiple management issues, such as data poor fisheries, management of straddling fish stocks and lack of impact assessments on deep-sea Vulnerable Marine Ecosystems (VMEs). Fishing strategy is the key to understanding and managing high seas fisheries, targeting highly migratory resources that are widely distributed. An international fleet, including Spanish flag bottom trawlers, operates along the Patagonian shelf in Southwest Atlantic waters, which includes an unregulated strip of continental shelf beyond national jurisdiction. The Spanish fleet’s fishing strategy was analyzed, and based on on-board observer data collected from 1989 to 2015, three main fishing seasons were identified: a first season mainly targeting Argentinean squid (Illex argentinus) from January to March, a second season targeting hake (Merluccius hubbsi) from April to August, and a third season from September to December showing an opportunistic and heterogeneous behavior. Findings were framed within current knowledge on resource distribution. A preliminary observation of the inter-annual CPUE rates of target species during their respective fishing seasons highlights the possible existence of species linkages and bioclimatic cycles which may affect species distribution and abundance in the area and might require future research. Even if current fishing activity from the Spanish fleet does not overlap deep-water VMEs, any slight change in the fishing strategy to deeper waters (i.e. the fleet targeting high density I. argentinus areas below 300 m, or a change in the target species) would be critical for the conservation of VMEs in these waters.
The Philippines context for marine tenure and small-scale ﬁsheries
Authors: Pomeroy Robert , Courtney Catherine A.
Published: July 2018

The Philippines has had a long and evolving history in marine tenure and marine resource management. This ranges from traditional tenure rights to some of the ﬁrst community based ﬁsheries tenure systems in the world to a legal system which supports marine tenure. Secure marine tenure and improved governance are enabling conditions for supporting sustainable small-scale ﬁsheries to meet multiple development objectives. This article provides an overview of the Philippines context for marine tenure and small-scale ﬁsheries. The article discusses both government and non-governmental initiatives on marine tenure. Recommendations are made to strengthen the current legal, policy and practical context of marine tenure in the Philippines in order to support sustainable small-scale ﬁsheries.