activities (Vélez-Rubio et al. 2013; Lopes-Souza et al. 2015). We recorded stranding events in the region during the study period (2001–2007) using three sampling methods (Table 1; Lopes-Souza et al. 2015): (1) scientific patrols, in which a biologist with expertise on marine turtles surveyed for stranded turtles every 1–3 mo from August 2001 to June 2004 and once monthly from July 2005 to September 2007, using a 4×4 vehicle or by foot; (2) surveys conducted by Opportune Information Network (in Spanish, Red de Aviso Oportuno, RAO), in which trained community members searched for stranded turtles every 2–4 weeks by foot from January 2005 to January 2007 (Vernet and Gomez 2007); and (3) surveys by the Marine Turtle Working Group in the Gulf of Venezuela (in Spanish, Grupo de Trabajo en Tortugas Marinas del Golfo de Venezuela, GTTM-GV), a non-governmental organization, which carried out surveys opportunistically in the southern region of the GV at least once every 2 mo (Vélez-Rubio et al. 2013; Lopes-Souza et al. 2015). We used a 4×4 vehicle for patrols whenever possible; for areas without roads, islands, and beaches with cliffs, we entered the site on foot. We considered each visit to a site a patrol (Vélez-Rubio et al. 2013; Lopes-Souza et al. 2015).
In 2009 an aqueduct crossing part of the study area was constructed, which involved significant environ- mental effects. There are some evidences, provided through local ecological knowledge, pointing to negative effects of the construction of the aqueduct on some fish- eries. For example, the crevalle jack (Caranx hippos) performs a mid-year annual migration through the coasts of the Gulf of Venezuela in direction northwestsouth- westsoutheastnortheast, entering into the Golfete de Coro. This migration route of the crevalle jack is a re- cruitment to the area allowing the fishing communities of the Gulf of Venezuela and Golfete de Coro its exploita- tion. The fishers of the zone ensured that in 2009 the crevalle jack did not enter the Golfete de Coro, scared away by the noise of the machinery (shovels, drills, barges, among others) used in the construction of the aqueduct, despite having done its normal migration
Coral reef ecosystems are considered by several authors as key areas which hold a vast diversity of marine species. Comprehensive studies have been developed in Venezuela describing these ecosystems both taxonomically and ecologically. Nevertheless, there has been a lack of information from the Gulf of Venezuela. Systematic information was gathered through direct observations (apnea diving), submarine transects, underwater photography and videos, which confirmed the presence of coral patches, as well as their geographical, bathymetrical and environmental characteristics – salinity, temperature and turbidity in the Gulf of Venezuela. Fifteen species of stony coral were identified; 12 scleractinian and three milleporina. The effect of freshwater and significant sedimentation may be the reasons of a low richness in comparison with other areas in the southern Caribbean. These records increase the species and habitats diversity for the Gulf of Venezuela.
Thirty-two of the 35 interviewees stated that despite the cultural connections, it was the positive difference in mon- etary exchange rates when trading between the Colombian and Venezuelan currency that underpinned their part of the trade of marine turtles over the border. This inter- national trade is possible because the Guajira Peninsula is located between Colombia and Venezuela, and traditional Wayuú territory occurs on both sides of the Peninsula ’ s international border. Hence, the Wayuú people consider the entire peninsula as one ancient territory and not two nations (Chacín 2016; Perrin 1989; Rueda-Almonacid et al. 1992). Importantly, our data reveal that the Wayuú people do not recognise this type of trade as international and instead they believe it is a continuation of their ancient use and trade of resources within their traditional territory (all Guajira Peninsula) (Carrasquero and Finol 2010; Parra 2002). However, the social reality of the peninsula ’ s depressed economy means that the products now tend to be used commercially. Indeed, some interviewees claim that is worth selling the products further afield such as into Colombia ’ s populated centres of Maicao or Riohacha (Guajira Department) to achieve greater value due to the Bolivars-Colombian Pesos exchange rate. Similarly, we presume, based on our data, that it is the potentially high profit margins that drive fishers to sell hawksbill scutes (handcrafted or not) to Colombian localities, or even to other international destinations, such as Panama. Interest- ingly, this monetary exchange rate was the opposite in the 1980s and 1990s (Rueda-Almonacid et al. 1992) but it is not known whether the same or reverse patterns of use and trade existed.
8 led to his election in 1998. He reinforces this statement by describing the anti-elite sentiment that rose during the 1990s in Venezuela. It was due to globalization that the Venezuelan elites had strengthened their ties with American businesses. 24 This development mirrors characteristics of the Lumpenbourgeoisie, demonstrating the analytical validity of Frank’s ideas. James Petras looks at Chávez’s regime in a similar fashion, bringing a historical analytical perspective, joining neoliberalism, local elites, imperialism and one of the main foundations of Chávez’s ideology: Bolivarianism. Simon Bolivar was the man who led the revolts against the Spanish Empire in the early 19 th century in order to liberate South America. 25 Petras argues that Chávez saw that the class struggle following decades of neoliberalism had much in common with the one found in colonial times. The Venezuelan President took inspiration from Bolivar’s writing, where it was essential to gain “mass support against untrustworthy domestic elites capable of selling out the country to defend their privileges”. 26
How broadly does the phrase “in connection with the purchase or sale of any security” sweep? It surely encompasses individuals and entities who make material misrepresentations while buying or selling securities. Texas Gulf Sulphur, however, was doing neither at the time it issued its ill-advised press release. If the company had been buying back shares at the time of its pessimistic press release (or, more commonly, selling shares while making unduly optimistic statements), liability would have been straightforward, even under the common law of deceit. Indeed, a CEO purchasing shares while badmouthing the company’s prospects was the impetus for the SEC’s adoption of Rule 10b-5 in 1942. 25 But should
This short essay tells the story of two distinct journeys begun in SEC v. Texas Gulf Sulphur—one dealing with insider trading, the other with cor- porate liability for false corporate publicity. The first involves the “equal access” principle planted therein and then harshly discarded by the Su- preme Court twelve years later in Chiarella v. United States. My claim is that marketplace egalitarianism never had much traction in the period from TGS to Chiarella, and was largely dead by the time the Court officially extinguished it. By that time, it played mainly a boogeyman role. The sec- ond journey had a different fate: the flourishing of the fraud-on-the-market cause of action. But an important back story also takes us from TGS to Chiarella in the truncation of the corporation’s affirmative duty to disclose, which was collateral damage from the Court’s insider trading ruling. Though now mostly forgotten because of all that was swept away in Chiarella’s wake, landmarks along the way can be pieced together into an interesting story of legal archeology, with some contemporary relevance.
for example, could result in an increase in the company’s cost of the desired acquisition or could prevent the company from carrying out the plan at all.”); SEC v. Texas Gulf Sulphur Co., 401 F.2d 833, 850 n.12 (2d Cir. 1968) (“We do not suggest that material facts must be disclosed immediately; the timing of disclosure is a matter for the business judgment of the corporate officers entrusted with the management of the corporation within the affirmative disclosure requirements promulgated by the exchanges and by the SEC. Here, a valuable corporate purpose was served by delaying the publication of the K-55-1 discovery.”).
Texas Gulf Sulphur truly is a seminal decision. Its analysis and holdings continue to be pertinent today in this country and abroad. The presence of a continuous disclosure framework, with the attendant application of a flexible materiality standard, is firmly established in this country and other developed securities markets. The proscription against improper in- sider trading in the impersonal stock exchange market setting is within the purview of U.S. federal law—largely due to TGS and the widespread acceptance following that decision of such federalization. Although the Supreme Court rejected both the parity of information and access stan- dards under § 10(b), the Court clearly recognized the propriety of such federalization.
Today, besides wind and sun, scientists and engineers are searching for new devices, able to gain energy from other natural sources, such as, for instance, tides and oceanic currents. One of the proposed manner is that of harvesting the kinetic energy of the Gulf Stream, the huge Atlantic current meandering clockwise from the Gulf of Mexico toward Europe. In fact, the Southeast National Marine Renewable Energy Center, of the Florida Atlantic University, had recently conducted the first at-sea tests of its research oceanic turbine offshore Fort Pierce . Engineers are hoping for renewable energy obtained by means of these sea turbines, but environmentalists are concerned about their impact on marine life .
Dugong occur along the southern margins of the Persian Gulf in coastal waters of Bahrain, UAE, Qatar and Saudi Arabia (Marsh et al., 2002). Density is highest in the protected shallow waters between Bahrain and Qatar and around Murawah Island in the UAE. The largest dugong aggregation ever recorded, numbering 674 animals, was found between Bahrain and Qatar in the winter of 1985-86. Dugong abundance in the Gulf was estimated as 5840 ± 903 which is the world’s second largest population and the most important area in the west of the species range (Preen, 2004). Iran has generally not been listed as a dugong range state and Preen (2004) suggested that dugong distribution in the north and west of the Gulf was limited by cold winter water temperatures. As dugong typically inhabit shallow tropical and subtropical waters with a mean sea surface temperature of 23 o C or greater and apparently avoid prolonged exposure to water temperatures of less than 18 o C, it was suggested that the temperature regime and bathymetry in Iran (except for north Qeshm Island) would be unsuitable to support significant numbers of this species (Marsh et al., 2002; Preen, 2004). There are unconfirmed sightings of dugong in Gwatar near the Pakistan border (Firouz, 2005). Firouz (2005) reported a sighting of two dugong in the Mond River estuary (approximately 100km south of Bushehr), however this report is also unconfirmed. There are, however two confirmed sightings of dugong in the Hara Protected Area, mangrove forests in north of Qeshm Island (KhoranStrait). Keijl and
This article commemorates the fiftieth anniversary of the Second Cir- cuit’s Texas Gulf Sulphur decision by examining the impact of the case on insider trading law in the United States. The author begins by discussing the SEC’s opinion, In the Matter of Cady, Roberts & Co., which laid the foundation for the Texas Gulf Sulphur decision by creating a federal duty to disclose material nonpublic information or abstain from trading securi- ties. The author then posits that the SEC, in its Cady, Roberts decision, rejected judicially developed common law fiduciary duty to disclose based on trust and confidence, and, by administrative fiat, substituted a broader federal duty of disclosure centered on access and unfairness. Next, the arti- cle examines how the Cady, Roberts decision would fair under the Su- preme Court’s modern insider trading law. Finally, the article concludes with a discussion of the court’s adoption of a new federal duty of disclosure in Texas Gulf Sulphur.
Aqaba Gulf coastal water which most probably due to the organic matter decomposi- tion and the partial dissolution of quartz particle transported to the sea from the sur- rounding desert during sand storms. The cycles of the key nutrient elements nitrogen (N) and phosphorus (P) have been massively altered by anthropogenic activities . In coastal marine systems, nitrogen has historically been considered to be the predo- minant limiting nutrient . However, sequestration of P in calcareous sediments is thought to drive P limitation in the tropics , while constraints on planktonic N-fixation caused by insufficient light  or trace metal supply   are thought to influence the predominance of N or P limitation offshore. In order to understand weather the phytoplankton growth in the coastal waters of the Aqaba Gulf is, or is not, limited by N or P, The DIN/P ratio has been calculated. In the present study, DIN/DIP ratio regional average value of (16.6:1) for Aqaba Gulf coastal waters. This N/P ratio for the Aqaba Gulf agrees well with the stoichiometric ratio of Redfield (N:P = 16:1) re- vealing that this proportion agrees with those actually found in various members of the plankton community . Seasonal variations (Figure 3(b)) showed average concen- trations of ammonia (22.65 μg/l), nitrite (20.35 μg/l), phosphate (7.75 μg/l), and total phosphorus (41.2 μg/l) which were significantly higher in summer compared to their corresponding values (8.4, 14.0, 3.15, 22.8 μg/l; respectively) in winter. On contrast, seasonal distributions of nitrate (22.3 μg/l), TN (911.6 μg/l), and SiO 4 (76.3 μg/l) exhi-
beryllina, with a 52.8% contribution. This species generally prefers shallower, more sheltered habitats with a sandy bottom in lower salinity environments, which may explain its greater presence at P1 (Jones, 1978). Irish Bayou is sandy and the water is not very high in salinity. P2 has deep dredge holes and a very soft substrate. Another very common species in the Lake, B. patronus, also had a large influence on the assemblages at both sites, although there were more found at P2 than at P1. Following A. mitchilli, A. hepsetus was also shown to play a large role in the fish assemblage at P2. This is actually a bit more surprising at first glance, as A. hepsetus is generally found in higher salinity environments than Lake Pontchartrain. Initially, this seems counter-intuitive as one would expect the presence of the species more at P1/Irish Bayou which is nearer to the Gulf of Mexico. When taking into account the salt wedge entering the Lake from the MRGO via the IHNC at Seabrook, however, the presence of A. hepsetus is not so surprising. The presence of the species here is indicative of the previous connection of Lake Pontchartrain to the marine waters of the Gulf of Mexico by the MRGO. Despite P1 being situated closer to the Gulf, the direct route provided by the MRGO from the Gulf to the Lake historically would have made it easier for fishes to migrate into the Lake versus the complex marsh habitat between Irish Bayou and the Gulf of Mexico. This is also the case for the presence of B. marinus, although it was less abundant than A. hepsetus. Results of SIMPER analyses revealed that at site P2 there was a dominance of A. mitchilli, while at P1 there was a dominance of M. beryllina (Appendix I).
Microsatellites are molecular markers widely used in population genetics of farmed as well as wild fish species (Liu et al., 2009). In spite of high importance of yellow fin sea bream in local fisheries, no research has been conducted to evaluate genetic diversity and population differentiation of the species in the Persian Gulf and Gulf of Oman. The aim of this study was to estimate genetic differentiation in yellowfin sea bream populations from Persian Gulf and Gulf of Oman using microsatellite loci.
ABSTRACT Marine regions that have seasonal to long-term low dissolved oxygen (DO) concentrations, sometimes called “dead zones,” are increasing in number and severity around the globe with deleterious effects on ecology and economics. One of the largest of these coastal dead zones occurs on the continental shelf of the northern Gulf of Mexico (nGOM), which results from eutrophication-enhanced bacte- rioplankton respiration and strong seasonal stratiﬁcation. Previous research in this dead zone revealed the presence of multiple cosmopolitan bacterioplankton lin- eages that have eluded cultivation, and thus their metabolic roles in this ecosystem remain unknown. We used a coupled shotgun metagenomic and metatranscriptomic approach to determine the metabolic potential of Marine Group II Euryarchaeota, SAR406, and SAR202. We recovered multiple high-quality, nearly complete genomes from all three groups as well as candidate phyla usually associated with anoxic envi- ronments—Parcubacteria (OD1) and Peregrinibacteria. Two additional groups with putative assignments to ACD39 and PAUC34f supplement the metabolic contribu- tions by uncultivated taxa. Our results indicate active metabolism in all groups, in- cluding prevalent aerobic respiration, with concurrent expression of genes for nitrate reduction in SAR406 and SAR202, and dissimilatory nitrite reduction to ammonia and sulfur reduction by SAR406. We also report a variety of active heterotrophic car- bon processing mechanisms, including degradation of complex carbohydrate com- pounds by SAR406, SAR202, ACD39, and PAUC34f. Together, these data help con- strain the metabolic contributions from uncultivated groups in the nGOM during periods of low DO and suggest roles for these organisms in the breakdown of com- plex organic matter.
The links between the amount of summer precipitation in the NAM region and sea surface temperatures (SSTs) in both the Atlantic warm pool region of the Caribbean and Gulf of Mexico (GoM) and in the Gulf of California (GoC) have been well established (Higgins and Shi, 2000; Mitchell et al., 2002; Hu and Feng, 2002; Wang et al., 2008; Arias et al., 2012) and as a result, are our focus here. In both regions, increased SSTs and increased surges of monsoon precipitation toward the NAM region are tied to the northward expansion of the ITCZ, although the drivers vary over different timescales. The primary surface-ocean current in the GoM is the Loop Current that brings warm waters from the Caribbean Sea through the Yucatan Strait into the GoM (Fig. 2a). The Loop Current exits the GoM into the North Atlantic Ocean through the Florida Straits. Surface-water and wind circulation in the Caribbean GoM region show large annual changes linked to seasonal migration of the ITCZ. Poore et al. (2005; 2011) argued that century- to decadal-scale variability in Globorotalia sacculifer (planktonic foraminifer) abundance was also related to changes in the average position of the ITCZ. Warmer intervals would result in a more northerly average position of the ITCZ and higher G. sacculifer abundances in gulf sediments, whereas cooler intervals would result in a more
preventive detention (Venezuela, 1998). Prior to the new law, the police could arrest and hold suspects for up to four days, before handing them over to the courts. In turn, the courts would usually confirm preventive detention for suspects, who were held - sometimes for as long as two years - in prison awaiting trial (Human Rights Watch, 1997). Thus, arrest and detention by the police could usually be converted into longer term detention at the pleasure of the courts. Even if the accused was finally acquitted, the one or two years spent in prison represented a useful form of punishment. But under the new code the police can only arrest suspects if they are “caught in the act” and public prosecutors must be informed of these arrests within twelve hours. If