STATE WATER LAW REFORM: IDENTIFYING LEGAL AND MANAGERIAL ISSUES AND OPTIONS1

ABSTRACT: Statutory and case law at the state level provide critical legal frameworks for water management. As many state governments struggle to improve efficiency in water management and resolve conflicts over water usage, they must continually assess the efficacy of their state water law. Most states have water laws that are disconnected and overlapping. This article presents a methodology to assess state water law and take first steps toward a comprehensive state water resources act. The methodology is driven by issues and conflicts in water management. It synthesizes management and legal analyses into a process that incorporates the diverse perspectives of state water stakeholders. The results of the analysis are identification of management issues, profiles of state water law, and explorations of legal options that are available to the state government. Illinois is provided as a case study for this methodology.     

Acoustically detected year-round presence of right whales in an urbanized migration corridor

Species' conservation relies on understanding their seasonal habitats and migration routes. North Atlantic right whales (Eubalaena glacialis), listed as endangered under the U.S. Endangered Species Act, migrate from the southeastern U.S. coast to Cape Cod Bay, Massachusetts, a federally designated critical habitat, from February through May to feed. The whales then continue north across the Gulf of Maine to northern waters (e.g., Bay of Fundy). To enter Cape Cod Bay, right whales must traverse an area of dense shipping and fishing activity in Massachusetts Bay, where there are no mandatory regulations for the protection of right whales or management of their habitat. We used passive acoustic recordings of right whales collected in Massachusetts Bay from May 2007 through October 2010 to determine the annual spatial and temporal distribution of the whales and their calling activity. We detected right whales in the bay throughout the year, in contrast to results from visual surveys. Right whales were detected on at least 24% of days in each month, with the exception of June 2007, in which there were no detections. Averaged over all years, right whale calls were most abundant from February through May. During this period, calls were most frequent between 17:00 and 20:00 local time; no diel pattern was apparent in other months. The spatial distribution of the approximate locations of calling whales suggests they may use Massachusetts Bay as a conduit to Cape Cod Bay in the spring and as they move between the Gulf of Maine and waters to the south in September through December. Although it is unclear how dependent right whales are on the bay, the discovery of their widespread presence in Massachusetts Bay throughout the year suggests this region may need to be managed to reduce the probability of collisions with ships and entanglement in fishing gear.     

Differential movement patterns and site fidelity among trophic groups of reef fishes in a Hawaiian marine protected area

We tracked the long-term movements of 70 parrotfishes, surgeonfishes and goatfishes captured inside a small (1.3 km²) marine protected area (MPA: Kealakekua Bay Marine Life Conservation District, Hawaii) by implanting them with small transmitters and deploying underwater monitoring devices inside the bay and along 100 km of the adjacent west Hawaii coastline. Individual fish were detected inside Kealakekua Bay for up to 612 days but many were detected for much shorter periods (median = 52 days). There were species-specific differences in the scale of movements and habitats used, but most fish utilized between 0.2 and 1.6 km of coastline, and individuals of each species showed some degree of diel habitat shift. A wide variety of reef fishes captured inside the MPA swam back and forth across an MPA boundary intersecting continuous reef (i.e., this boundary was porous to reef fish movements), but only 1 of 11 species tagged crossed a wide sandy channel inside Kealakekua Bay suggesting that this feature may function as a natural barrier to movements. Results indicate relatively small MPAs (<2 km of coastline) could provide effective, long-term protection for multi-species assemblages of reef fishes provided that boundaries are situated along major habitat breaks (e.g., large sand channels between reefs) that may serve as natural barriers to reef fish movements. It is crucial that a multi-species approach be used when assessing MPA effectiveness.     

Evaluating Adaptive Governance Approaches to Sustainable Water Management in North-West Thailand

Adaptive governance is advanced as a potent means of addressing institutional fit of natural resource systems with prevailing modes of political–administrative management. Its advocates also argue that it enhances participatory and learning opportunities for stakeholders over time. Yet an increasing number of studies demonstrate real difficulties in implementing adaptive governance ‘solutions’. This paper builds on these debates by examining the introduction of adaptive governance to water management in Chiang Mai province, north-west Thailand. The paper considers, first, the limitations of current water governance modes at the provincial scale, and the rationale for implementation of an adaptive approach. The new approach is then critically examined, with its initial performance and likely future success evaluated by (i) analysis of water stakeholders’ opinions of its first year of operation; and (ii) comparison of its governance attributes against recent empirical accounts of implementation difficulty and failure of adaptive governance of natural resource management more generally. The analysis confirms the potentially significant role that the new approach can play in brokering and resolving the underlying differences in stakeholder representation and knowledge construction at the heart of the prevailing water governance modes in north-west Thailand.     

Cyber international relations as an integrated system

The purpose of this paper is to conceptualize the hitherto separate domains of Cyberspace and International Relations into an integrated socio-technical system that we jointly call the cyber International Relations (Cyber-IR) system and to identify and analyze its emergent properties utilizing the methods common to science and engineering systems adapted here for the social sciences. Our work is an exploration in both theory and methodology. This paper (a) identifies the actors and functions in the core systems, Cyberspace, and IR, (b) disambiguates system boundary, (c) creates a design structure matrix (DSM), a matrix of the interdependencies among functions of actors, (d) analyzes DSM qualitatively to show multiple interdependent and heterogeneous Cyber-IR properties, and (e) analyzes quantitatively the differential importance of core functions as well as the impact of actor attributes on influence in Cyber-IR. This work forms a baseline for further understanding of the nature of the heterogeneous influences of the various actors and the various outcomes that could result from it.     

College and university environmental programs as a policy problem (part 1): integrating knowledge, education, and action for a better world?

The environmental sciences/studies movement, with more than 1000 programs at colleges and universities in the United States and Canada, is unified by a common interest??ameliorating environmental problems through empirical enquiry and analytic judgment. Unfortunately, environmental programs have struggled in their efforts to integrate knowledge across disciplines and educate students to become sound problem solvers and leaders. We examine the environmental program movement as a policy problem, looking at overall goals, mapping trends in relation to those goals, identifying the underlying factors contributing to trends, and projecting the future. We argue that despite its shared common interest, the environmental program movement is disparate and fragmented by goal ambiguity, positivistic disciplinary approaches, and poorly rationalized curricula, pedagogies, and educational philosophies. We discuss these challenges and the nature of the changes that are needed in order to overcome them. In a subsequent article (Part 2) we propose specific strategies for improvement.     

Spectral reflectance and communication in the wolf spider, <Emphasis Type="Italic">Schizocosa ocreata</Emphasis> (Hentz): simultaneous crypsis and background contrast in visual signals

Animal color patterns often reflect a compromise between natural selection for crypsis or inconspicuousness to predators and sexual selection for conspicuousness to potential mates. In leaf litter-dwelling wolf spider species like Schizocosa ocreata, body coloration often closely matches the background coloration of a generally brown environment. However, body parts used in communication should exhibit high contrast against background coloration. We used spectral analysis to examine male and female S. ocreata for matching and contrasting coloration against leaf litter. Values were plotted in multivariate color space, based on reflectivity in different frequency ranges. When viewed from above, colors of both males and females overlap with values for dead brown leaf litter and soil, suggesting cryptic coloration when viewed by potential predators. However, when viewed from a lateral perspective, both males and females show color values that are polar opposites of litter backgrounds, suggesting higher contrast when viewed by other spiders. Moreover, male secondary characters used in visual signaling by S. ocreata (tibia brushes) show the highest level of background contrast. These findings suggest that S. ocreata wolf spiders have color patterns that provide both crypsis and background contrast at the same time, depending on receiver viewing perspective.     

Evaluating unintended consequences of intentional species introductions and eradications for improved conservation management

Increasingly intensive strategies to maintain biodiversity and ecosystem function are being deployed in response to global anthropogenic threats, including intentionally introducing and eradicating species via assisted migration, rewilding, biological control, invasive species eradications, and gene drives. These actions are highly contentious because of their potential for unintended consequences. We conducted a global literature review of these conservation actions to quantify how often unintended outcomes occur and to elucidate their underlying causes. To evaluate conservation outcomes, we developed a community assessment framework for systematically mapping the range of possible interaction types for 111 case studies. Applying this tool, we quantified the number of interaction types considered in each study and documented the nature and strength of intended and unintended outcomes. Intended outcomes were reported in 51% of cases, a combination of intended outcomes and unintended outcomes in 26%, and strictly unintended outcomes in 10%. Hence, unintended outcomes were reported in 36% of all cases evaluated. In evaluating overall conservations outcomes (weighing intended vs. unintended effects), some unintended effects were fairly innocuous relative to the conservation objective, whereas others resulted in serious unintended consequences in recipient communities. Studies that assessed a greater number of community interactions with the target species reported unintended outcomes more often, suggesting that unintended consequences may be underreported due to insufficient vetting. Most reported unintended outcomes arose from direct effects (68%) or simple density-mediated or indirect effects (25%) linked to the target species. Only a few documented cases arose from more complex interaction pathways (7%). Therefore, most unintended outcomes involved simple interactions that could be predicted and mitigated through more formal vetting. Our community assessment framework provides a tool for screening future conservation actions by mapping the recipient community interaction web to identify and mitigate unintended outcomes from intentional species introductions and eradications for conservation.     

Genomic erosion in a demographically recovered bird species during conservation rescue

The pink pigeon (Nesoenas mayeri) is an endemic species of Mauritius that has made a remarkable recovery after a severe population bottleneck in the 1970s to early 1990s. Prior to this bottleneck, an ex situ population was established from which captive-bred individuals were released into free-living subpopulations to increase population size and genetic variation. This conservation rescue led to rapid population recovery to 400–480 individuals, and the species was twice downlisted on the International Union for the Conservation of Nature (IUCN) Red List. We analyzed the impacts of the bottleneck and genetic rescue on neutral genetic variation during and after population recovery (1993–2008) with restriction site-associated sequencing, microsatellite analyses, and quantitative genetic analysis of studbook data of 1112 birds from zoos in Europe and the United States. We used computer simulations to study the predicted changes in genetic variation and population viability from the past into the future. Genetic variation declined rapidly, despite the population rebound, and the effective population size was approximately an order of magnitude smaller than census size. The species carried a high genetic load of circa 15 lethal equivalents for longevity. Our computer simulations predicted continued inbreeding will likely result in increased expression of deleterious mutations (i.e., a high realized load) and severe inbreeding depression. Without continued conservation actions, it is likely that the pink pigeon will go extinct in the wild within 100 years. Conservation rescue of the pink pigeon has been instrumental in the recovery of the free-living population. However, further genetic rescue with captive-bred birds from zoos is required to recover lost variation, reduce expression of harmful deleterious variation, and prevent extinction. The use of genomics and modeling data can inform IUCN assessments of the viability and extinction risk of species, and it helps in assessments of the conservation dependency of populations.