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American River and the Nimbus Fish Hatchery
Name
Professor
Biology Essay
Date
American River and the Nimbus Fish Hatchery
The salmon is famous for its bright colors and jumping more than 20 steps; moreover, it is on the upmost level of the Nimbus Fish Hatchery ladder due to its migration that takes place annually. Families enjoy the experience in the month of November where they visit the hatchery to witness the event; all the same, the migration is very essential to the survival of the salmon and steelhead in the lower part of the American River.
The Nimbus Fish Hatchery has been providing mitigation for the loss of natural fish since 1998; furthermore, it has been successful through forming alliances with the US fish and Wildlife Service, the California department of Fish and Game, and the US Bureau of Reclamation. In the case of the Salmon, they are organized and spawned once they make their way up the ladder with an average salmon female having more than five thousand eggs. Generally, the eggs are housed in a building, and the fish are looked after until they are four to six to six inches long after which they are released in the Sacramento River.
At the beginning of the year, the news about California’s Chinook salmon sounded more than just good with Federal fisheries biologists predicting big numbers of Sacramento River fall run Chinook (the state’s biggest, most commercially important salmon fishery and the biggest population of the river’s fall-run fish in memory). The California salmon council predicted a harvest of 3 million pounds which is three times of last years, and was meant to signify the Great Salmon Crash comeback where they were forced to shut down the whole program in 2008-2009 due to a sudden collapse.
Salmon fishermen and, the sellers of gear and supplies who were gravelly affected by the collapse were looking forward to a prosperous season and year of 2013. Moreover, fans and lovers of the salmon fish were promised by the head of the Golden Gate Salmon Association (GGSA) that they would have the best food and a load of fun come November.
However, this was just the tip of the iceberg with most of these people overlooking the negative side, or rather the limitation that are yet to be addressed. For instance, not I alone that am really sure of the results of the year’s season but the three million catch only seems impressive if compared to the recent years where things were disastrous. If compared to the years before the collapse, the forecast is three times lower; additionally, statistics form the National Marine Fisheries Service show that the catch per season has been slowly decreasing since the 50s with the pace increasing in the 80s.
Reflectively, if you look at the population crash in 2008, the fishing communities and scientists were not aware and did not expect such a thing to happen, and hence they were not prepared in any way. Personally, I would like to know the cause of the collapse, and am pretty sure they large numbers of people that would support me on this notion. There has been news about scientists studying factors from water pollution and a big bridge project that may have facilitated the collapse, where the noise from construction is suspected to have caused harm to the young salmons that were in the course of migration.
All the same, there has been no single factor that has been established to be a cause of the collapse; I have read articles where some scientists ‘think’ that chances are that it might have been caused by poor ocean feeding conditions or water diversions from the delta played role. Altogether, this still does not answer our question, and if truly this was the cause is there anything been done about it? I think the answers are hidden in plain sight all we need to do is add a little bit more effort.
Significantly, from history the salmon have been returning every year with millions of them being seen on the Bay, the Delta, the rivers and streams in the Central Valley and places like Sacramento were known to be crowded with them. If compared with today, something has seriously changed, and the question on our minds is what?
Many people think the answer to my question is “Everything”, but I disagree to agree. Yes, particularly everything has changed from the Gold Rush that brought fabulous wealth and produced inconceivable destruction to the environment (salmon streams) to the dams, cities, farms, and industries that have also had significant impact. According, to my perspective, I argue that we are the ones who changed hence making everything else change.
For instance, most of our efforts to preserve commercial Chinook salmon population might be doing more of hurting than the helping itself e.g. Sacramento’s river population collapse happened despite the efforts to use hatcheries to replace spawning streams destroyed by dams, logging, and development- ever come to think that the process itself might have been the cause of the collapse?
The efforts to improve the nature to an extent of even tracking the baby hatchery fish downriver could be impacting negatively much more than expected and instead of building we might demolishing what we already have. Biologists are of the idea that, the cause of the Sacramento collapse might have been a combo of habitat loss and hatchery production focusing on these as the main issues; but I think this should be the least of their worries since the surviving hatchery lacks the genetic variety of wild fish making it more vulnerable to changes in the conditions of the ocean and finally making it more prone to such collapses.
In conclusion, there is still hope for California’s salmon with the government and resource managers having made the initiative of restoring both water and habitat for Chinook salmon over the years. Conversely, I think that the idea of pumping from the Delta should be limited and should only take place at certain parts of the year to enhance protection of the salmon and other species that are in danger is a good one. The environmental lawsuit that prompted this action plus a few others should create a platform for all the other factors that require to be enforced for the sake of the salmon and California’s future. However, most people are against such actions since due to the cost but prevention is always better than cure; moreover, if such laws are enforced the salmon will not only survive but also thrive and only “US” can make this happen.
Exclusion of Evidence- Cases and Legislations
Exclusion of Evidence- Cases and Legislations
Author
Institution
Introduction
The judiciary is one of the most fundamental institutions in any country. It is charged with the responsibility of defending, as well as upholding the constitution and ensuring that the rule of law has prevailed. It is worth noting, however, that a pervasive aspect of the role of judiciary at each level is safeguarding every person’s human, legal and constitutional rights. In instances where a court attempts to settle a dispute, it is charged with the responsibility of determining the facts pertaining to the case. This is usually through adducing the evidence that the contestants, from which it will determine the laws applicable to the circumstance or controversy (Wolchover, 1986). As an interpreter of the laws of the land, the judiciary is expected to safeguard the fundamental legal, human and constitutional rights through examination of the evidence. The evidence, in this case, may be in the form of physical items found at the scene of crime, the statements of the accused, witness or victims, testimonies from experts or even law enforcement agencies (Wolchover, 1986). However, the admissibility of evidence is never automatic. There are instances where evidence produced in a court of law may be excluded during the determination of the case. This is the situation in the case provided.
The 32-year old man charged with rape was interviewed by a detective. He initially admitted to the crime but later retracted his statement saying that he made the admission as he was under coercion by the arresting officer. In addition, he has stated that he was not subjected to a medical examination and was suffering from withdrawal symptoms at the time resulting from his drug addiction.
The key reason as to why statutes or rules limit the admissibility of evidence is to ensure that the accused individuals is accorded a fair trial that is only based on reliable and factual evidence (King, 2002). It aims at ensuring that the innocent are not convicted and that only guilty individuals are convicted. In the case presented, it is imperative that one determines whether the human, legal and constitutional rights of the defendant were infringed upon, or whether the law enforcement agencies acted in a manner that would render the testimony of the defendant inadmissible in a court of law.
Rule 95 of the Statute of the International Tribunal and the Rules states that evidence would be inadmissible in cases where the methods through which it is obtained would cast significant doubts pertaining to its reliability or in instances where its admission would be seriously damage and be antithetical to the proceedings’ integrity. This statement is complemented by S90 of the Evidence Act of 1995, which gives discretion for the exclusion of prosecution evidence in instances where the circumstances under which such admission was made would be unfair to the accused individual (King, 2002). This is the same case for S135 of the Evidence Act of 1995 which states that the court would have the discretion to exclude evidence in instances where its probative value has been significantly outweighed by the danger that that evidence would be unfairly prejudicial to one of the parties (Allen, 2012). This is not a simple fact of the evidence advancing the prosecutor’s case or even rendering the defense case weak, rather it underlines the fact that such evidence would destroy the case of the defendant in a manner that is deemed unacceptable and prejudicial (King, 2002). This is the case for the 32 year old man. As much as the prosecution may want to bring in the self-made confession as evidence in the court, the technique through which it was obtained is questionable. The defendant has stated that he made the confession under duress from the arresting officer. Given the arresting officer’s history of assaulting individuals, it is highly likely that the same was done to the defendant in this case. The evidence so obtained would, therefore, be inadmissible due to this impropriety. Scholars note that constitutional provisions pertaining to such impropriety extends to actions which, although not unlawful or criminal, are clearly or quite inconsistent with the minimum standards that the society requires or expects from individuals who are entrusted with enforcing the law (Allen, 2012).
On the same note, given the duress that he alleges during arresting interviewing and making the confession it is logical to conclude that the defendant was not given the option of having his counsel present. This is contrary to Rule 42B (Rights of Suspects during Investigation) of the Statute of the International Tribunal and the Rules. It states that the suspect shall not be questions in the absence of a counsel except in instances where the suspect, by his own volition, waives this right (Khan et al, 2010). In instances where the suspect has waived the right, questioning would cease if he expresses his desire to have counsel and resume only after the suspect has been assigned or obtained counsel.
This was the case in The Prosecutor V. Zejnil Delalic, Zdravko Mucic A/K/A “Pavo”, Hazim Delic, and Esad Landzo A/K/A ‘Zenga” of 1997. In this case, the defense for the accused, Zdravko Mucic outlined that there had been serious violations of the constitutional rights of the accused during the investigation and interrogation. In this case, the defense objected to the admission of a confession that the Austrian police had obtained from the accused stating that the man had been extremely tired (Khan et al, 2010). This part was built on the admission of one of the interviewers named Mr. Moerbauer that he was extremely tired at the end of the four hour interview. Considering that the interview was conducted by five individuals who would move in and out of the room, a luxury that the accused did not have, it goes without saying that he was extremely exhausted (King, 2002). This was considered coercion by the interviewers in which case the court ruled that such evidence had to be excluded from the case. This ruling can be applied to the case at hand where the accused confesses that he was suffering from withdrawal symptoms from his drug addiction. Needless to say, he was in no position to make a confession in a fair manner, in which case the admission of such a confession would be prejudicial to his rights as an individual (Khan et al, 2010).
In conclusion, the judiciary makes decisions in cases based on evidence presented in the court. However, the evidence may be inadmissible in varied instances. This is the case for the 32-year old man accused of rape. As much as the prosecution has brought in a confession from the accused admitting to the crime, it is worth noting that the defendant made the confession under duress. He was assaulted by the arresting officer, an individual who has on previous occasions been accused of assault. In essence, the confession cannot be admissible in the case especially considering that the defendant was not subjected to a medical examination before being interrogated. This was a violation of his legal, constitutional and human rights, which raises doubts as to the authenticity of such a confession.
References
Allen, C (2012). Q&A Evidence 2011-2012. London: Taylor & Francis
King, M.T (2002). Security, Scale, Form, and Function: The Search for Truth and the Exclusion of Evidence in Adversarial and Inquisitorial Justice Systems, 12 International Legal Perspective. 185, 218
Khan, K. A. A., Buisman, C., & Gosnell, C. (2010). Principles of evidence in international criminal justice. Oxford: Oxford University Press.
Wolchover, D. (1986). The exclusion of improperly obtained evidence: With special reference to the Police and Criminal Evidence Act. Chichester: Barry Rose.
Exchange-Trade Fund
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Professor’s name:
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Date:
Exchange-Trade Fund
One may wish to understand what passive trading or active trading may mean in the stock exchange. Exchange-traded fund (ETF) is closely related to passive trading, and it refers to an investment fund that is majorly traded on the stock exchange market just like many other stocks. An Exchange-traded fund is in hold of assets such as commodities, bonds, trades, and stocks that are closer to the net value of the assets in the progress of trading day. Most ETFs track an index that includes bond index or stock index. ETFs might be attractive in a way as forms of investments, simply because of their lower costs, stock-like features, and tax efficiency. In order to understand Exchange trade fund properly, a comparison between currency of two nations namely Turkey and USA has to be carried out because both are developed countries and have almost similar expenditure values. The comparison will be done based on a five year period that ends in 2010. USA and Turkey are both developed countries but have different economy. The difference in economy can be reviewed through the use of Exchange-traded fund (ETF) .Additionally, various forms of ETFs which include Dow Jones Istanbul 20 (DJIST), Non-Financial Istanbul 20 (NFIST), Smaller Companies Istanbul 25 (SMIST), and Istanbul GOLD ETF (GODIST) will be considered while trying to understand ETF in the two countries.
The authorized participants, comprising of large broker-dealers that have ensued various agreements with exchange-traded funds distributor, are basically engaged in buying or selling of ETF shares directly to or from the ETF. Turkey and the USA buy or sell the ETF either directly from the fund company or through the use of a broker. This can also occur in creation units, “which comprise of large segments of several ETF shares that are normally exchanged duly with baskets of underlying securities” (Wiandt and Will 37). This means that the eligible participants may opt for long-term investment in ETF shares mainly due to its high return rates and global recognition. Indeed, they play a bigger role in the open markets during the process of market making. This is mainly through the utilization of their ability towards exchanging the creation segments with their varying forms of securities. This hence provides a wide range of ETF liquidity in terms of its shares, thus assisting in ensuring that the net asset value of all the underlying assets are approximates of their intraday market pricing values.
Trading can be rated in terms of net asset worth, with the traceability element of a closed-end stock, which trades all along the trading period at prices that might seem to be less or more than its general asset value. Wiandt and Will claim that, “Closed-end funds are not normally considered as ETFs, although they are certified funds and should be transacted on the exchange basis” (Wiandt and Will 39). Therefore, ETFs have been in existence in US since 1993. ETFs customarily had been in the form of index funds until 2008 when the U.S. However, “Securities and Exchange Commission authorized the establishment of actively managed exchange-traded funds” (Wiandt and Will 40). All in all, ETF combines the valuation aspect of a unit investment trust or a mutual fund. These can either be sold or bought at closing stages.
The value of Turkish currency (TUR) versus the US dollar has a little variation which can be evaluated by comparing the two currencies. For the past five years, the rate of US dollar versus the Turkish Lira has remained at an almost constant rate of 1.00 USD being equivalent to 2.23651 TRY. This little variation is mainly because the Turkish economy is currently regarded as one of the most emerging global economies. Turkey received momentum in its economy as a result of fuelling in of cheap credit into its growing construction industry by foreign investors who sort after emerging markets. Both the US and the Turkish economies seem to be growing at a higher rate. However, the US economy is at a much higher level compared to Turkish economy because there is massive action towards forward guidance, credit easing, and the simulative fiscal policies with the policy mix whereby many conservatives decry as being the ultimate lead to an inevitable higher inflation. However, high inflation is what has made US thrive well as compared to other economies such as the Turkish.
As an emerging economy, Turkey has got various notable Exchange –trade funds. Some of these ETFs includes; Dow Jones Istanbul 20 (DJIST) considered as the first exchange-traded fund, Non-Financial Istanbul 20 (NFIST) which is considered as the secure sector Turkish ETF, Smaller Companies Istanbul 25 (SMIST) which is a first style Turkish ETF, Istanbul GOLD ETF (GODIST) that is traded with regard to gram indistinguishable shares, and even FTSE Istanbul Bond ETF (FBIST) that is considered as the first firm remuneration both in Turkey, and the entire Europe (Hiriyappa 67).
The most explored exchange trade fund in Turkey is the DJIST since it allows investors to acquire proper exposure to the major and most liquid blue-chips that are listed on Borsa Istanbul. DJIST ETF can be transacted on the Istanbul Bond Exchange (BIST) just like other stocks and can even be sold and bought through any brokerage house or licensed bank. DJIST shares are easily obtained through the BIST. This has mainly been because there are well-set protocols that are meant to ease the transaction whereby, protocols, as referred, include implementation of Takas-bank system, which is a form of Economic Traded Fund. It bases its ideology on a liquid index that can ease favorable realizations even if there exist infrequent trades of the ETF. Also, institutional investors using only a single transaction, gain exposure to the Turkish Capital Markets. The other factor is that, it is considered as the first and leading Turkish Exchange-traded Fund. DJIST also offers the institutional investors with the sole ability of acquiring exposure to the entire Capital Markets of Turkey just with a single transaction. On this note, DJIST has got 20 largest liquid stocks all in the BIST. All in all, DJIST shares are easily obtained through the BIST.
Conversely, DJIST offers diversification since it comprises of the prevalent and most liquid Turkish blue-chips that are easy to trade with. Dow Jones Istanbul 20 ETF hence plays a role in minimizing the risks and uncertainties that are imposed by single stocks. It makes company risks as well as liquidity to be more manageable because it can be used in diversification of the entire form of portfolio and/or comprehensive investment policy as a major holding.
DJIST allow investors to venture in twenty stocks once and for all instead of just investing in a single stock thereby reducing more risks and uncertainties, hence initiating higher stock market returns in. Additionally, this Turkish exchange traded fund uphold transparency to a greater extent because, it is a trading trend is subject to publication on its extensive website every trading day, hence enabling investors efficiently keep track of their daily investments (Lerman 54). The trading portfolio or trend has to do with the market exchange of TUR against other global currencies, including the Dollar. Finally, the aspect of continuous pricing of its shares on the BIST has led to the success of DJIST. Intraday NAV also are issued by the manager almost every 15 seconds of BIST trading hours. This hence allows investor to amass intra-day liquidity. Therefore, efficient and effective intra-day pricing ensures reduced deviation from the fund’s Net Asset Value.
Compared to other global economies of the developing or emerging economies, “the Turkish economy seem to be booming in relation to the exchange value with some of the leading currencies, for instance, the US dollar” (Lofton 46). Consequently, for the past five years or so, the Turkish Lira has tried to maintain its constant rate against the US dollar ranging between 1.978 and around 2.456. This owes to the acceleration of the industrial output of Turkey, assisted by strong growth in the export sector, as well as the booming construction industry witnessed within the stated years. From the analysis, this has been mainly boosted by its emerging trends in terms of the virility of its exchange-traded funds (ETFs) in the stock and money market. Being the most efficient and effective investment funds that can hold assets such as bonds, commodities, or stocks, and being traded on stock exchanges; exchange-traded fund (ETF) has been very attractive to investments simply because of their tax efficiency, and low costs that has currently made them more popular and lucrative in nature.
In conclusion, as evident, ETFs track an index that includes bond index or stock index. ETFs might be attractive in a way as forms of investments, simply because of their lower costs, stock-like features, and tax efficiency. However, ETF varies from country to country evident through the comparison of currency of two nations; Turkey and USA. Touching on the Turkish Lira against the US currency, the main factors, which had to be considered in terms of such valuation, had to do with this aspect of exchange-traded funds simply because they are the main determinants of the country’s currency value, and the global recognition. Though, regardless of the efforts that are being exerted by Turkey, the US currency has still maintained its value since they have also got well-established stock and money market systems.
Work Cited
Hiriyappa, B. Investment Management: Securities and Portfolio Management. New Delhi: NewAge International (P) Ltd., Publishers, 2008.
Lerman, David. Exchange Traded Funds and E-Mini Stock Index Futures. New York: JohnWiley & Sons, 2001. Print.
Lofton, Todd. Getting Started in Exchange Traded Funds (efts). Hoboken, N.J: Wiley, 2007.
Print.
Wiandt, Jim, and Will McClatchy. Exchange Traded Funds. New York: Wiley, 2001.