Perspectiva jurídica de la gestión y conservación de los recursos pesqueros en España. La pesca-turismo como opción de futuro

El objetivo de la presente Tesis está dirigido a analizar diversas opciones de diversificación que la pesca marítima profesional puede tener, poniendo el acento en el respeto al medio ambiente. En concreto la Pesca-turismo aparece como una de las alternativas más viables tanto por su respeto al medio ambiente como por su relativamente sencilla posibilidad de implantación en España. A fin de poder desarrollar la misma se proponen los cambios legislativos necesarios para su implantación en nuestro país procediéndose, para ello, al estudio de la situación actual de la actividad pesquera en nuestro país desde un punto de vista jurídico, con una especial consideración de la gestión y conservación de los recursos pesqueros. El estudio de su posible implantación en España, comienza analizando cuáles son las diferentes administraciones que influyen en dicha actividad y en qué medida lo hacen, tanto en el ámbito nacional como en el supranacional, con una especial referencia a la Unión Europea, así como la organización de las mismas. Acto seguido se procede al examen, tanto de la normativa sobre la materia, como de la jurisprudencia y la doctrina aplicables a la actividad de pesca marítima en España para, una vez llevado a cabo dicho estudio, comenzar con el examen de los requisitos exigidos, ya sean éstos de índole material o humana, a aquéllos que quieran llevarla a cabo. A continuación, se estudia el régimen de infracciones y sanciones, entrando, por último, en el terreno más propiamente de conservación de los recursos, donde se examinan las medidas que, a tal fin, se encuentran en nuestro ordenamiento jurídico. Más adelante se analiza, siquiera sea brevemente, la pesca deportiva, que, aunque con una incidencia muy inferior, no deja de ser otra forma de actividad extractiva. La existencia de otras experiencias parecidas a la propuesta de pesca-turismo en el ámbito internacional es objeto de estudio a fin de determinar cuál es la situación en otros países donde se hayan implantado con anterioridad. Para ello se lleva a cabo un análisis de las distintas soluciones que a este mismo problema se han dado en otros países también con amplia tradición en este campo procediendo, a tal fin, a un estudio de la legislación sobre la pesca-turismo, fundamentalmente en Italia, pero también en Francia y Portugal. A la vista de cuanto antecede es posible concluir que al día de hoy no es factible la realización de las actividades de Pesca-turismo con los instrumentos jurídicos de los que se dispone en España, dado que existen puntos sustanciales en los mismos que o bien impiden o bien no permiten su desarrollo. Por tanto el planteamiento de tales actividades necesariamente conlleva una serie de modificaciones normativas. El siguiente paso y en relación con las modificaciones normativas a efectuar, se ofrece un texto alternativo al texto legal a modificar (Ley 3/2001 de Pesca Marítima del Estado) y al Real Decreto 1027/1989, mientras que se dejan efectuados los apuntes precisos de cual debería de ser el marco reglamentario que, en desarrollo de las modificaciones anteriores, posibilitasen el ejercicio de la Pesca-turismo en España. Por último se ha optado por efectuar un análisis de la opinión del sector, tendente a verificar si los datos obtenidos empíricamente quedaban asimismo reflejados en las actitudes de los destinatarios finales de tales normas, que no serían otros que los pescadores profesionales. A tal fin se ha procedido a recoger las opiniones de diversos colectivos del sector, a través tanto de las cofradías de pescadores como de las Federaciones, acerca de las actividades de pesca-turismo, buscando la representación de todas las zonas geográficas. Fruto de tal investigación se ha llegado a la conclusión de que el desarrollo de las actividades propuesta de pescaturismo cuenta con una opinión favorable dentro del sector que, con una mayoría aplastante se manifestó a favor de desarrollar la posibilidad de ejercicio de la mismas. SUMMARY The objective of this thesis is aimed to analyze various options of diversification that commercial maritime fishing can have, with an emphasis on respect for the environment. Specifically, fishing-tourism appears as one of the most viable alternatives because of its environmental friendliness as well by its relatively simple possibility of implementation in Spain In order to develop it, it is proposed the necessary changes legislative for implementation in our country proceeding to study of the current situation of fisheries in our country from a legal perspective, with special consideration of the management and conservation of fisheries resources. The study of their possible implementation in Spain, begins by analyzing which are the different administrations that influence in that activity and to what extent they do, both at the national field as well at the supranational field, with special reference to the European Union and organization of thereof. Then proceeds to an examination, both of the relevant legislation as well as of the jurisprudence and doctrine applicable to maritime fishing in Spain for, once conducted this study, to begin with the consideration of the requirements, be they human or material, to those who want to carry out. Then studies the regime of offences and penalties, entering, finally, in the field conservation of resources, where discusses measures which, to this end, are in our legal system Later analyzes, even briefly, sport fishing, which, although with a much lower incidence, it is another form of extractive activity. The existence of other similar experiences to the proposal of fishing-tourism in the international arena is object of study in order to determine which is the situation in other countries where it has been implemented previously. For that it is carried out an analysis of the different solutions that to this same problem have been given in other countries with long tradition in this field, to proceed to study about legislation on fishing-tourism, fundamentally in Italy, but also in France and Portugal In view of the above it can be concluded that today is not feasible to implement the fishing-tourism activities with the legal instruments that are available in Spain, as there are substantial points which prevent them or not allows its development. Therefore the approach to such activities necessarily entails a series of normatives changes. The next step and in relation to normatives changes to do, it is offered an alternative text to the legal text to modify (Law 3/2001 of the State Marine Fisheries) and to the Royal Decree No. 1027 / 1989, while we leave made accurate notes about which ought be the reglamentary framework that, in developing of the above modifications, can be enable exercise of fishing-tourism in Spain. Finally, it is been opted to carry out an analysis of the opinion of the sector, aimed at verifying if data obtained empirically were also reflected in the attitudes of the final recipients of such standards, who would not be other than the professional fishermen. For this purpose it has been collected the opinions of various groups of the sector, through of fishermen's associations and federations, about of the activities of tourism-fishing, looking for the representation of all geographical areas. The result of such an investigation has concluded that the development of this proposed activities fishing-tourism has a positive opinion within the sector because an overwhelming majority was in favor of developing the possibility of exercise of the same.

Optimal allocation of conservation effort among subpopulations of a threatened species: How important is patch quality?

Money is often a limiting factor in conservation, and attempting to conserve endangered species can be costly. Consequently, a framework for optimizing fiscally constrained conservation decisions for a single species is needed. In this paper we find the optimal budget allocation among isolated subpopulations of a threatened species to minimize local extinction probability. We solve the problem using stochastic dynamic programming, derive a useful and simple alternative guideline for allocating funds, and test its performance using forward simulation. The model considers subpopulations that persist in habitat patches of differing quality, which in our model is reflected in different relationships between money invested and extinction risk. We discover that, in most cases, subpopulations that are less efficient to manage should receive more money than those that are more efficient to manage, due to higher investment needed to reduce extinction risk. Our simple investment guideline performs almost as well as the exact optimal strategy. We illustrate our approach with a case study of the management of the Sumatran tiger, Panthera tigris sumatrae, in Kerinci Seblat National Park (KSNP), Indonesia. We find that different budgets should be allocated to the separate tiger subpopulations in KSNP. The subpopulation that is not at risk of extinction does not require any management investment. Based on the combination of risks of extinction and habitat quality, the optimal allocation for these particular tiger subpopulations is an unusual case: subpopulations that occur in higher-quality habitat (more efficient to manage) should receive more funds than the remaining subpopulation that is in lower-quality habitat. Because the yearly budget allocated to the KSNP for tiger conservation is small, to guarantee the persistence of all the subpopulations that are currently under threat we need to prioritize those that are easier to save. When allocating resources among subpopulations of a threatened species, the combined effects of differences in habitat quality, cost of action, and current subpopulation probability of extinction need to be integrated. We provide a useful guideline for allocating resources among isolated subpopulations of any threatened species. © 2010 by the Ecological Society of America.

Conservation needs of fisheries resources and reorientation for sustainable captive and culture practices

A discussion is presented on the importance of conservation of fishery resources, considering in particular the situation in Nigeria and providing also an outline of various legislations made by government. Suggestions are given regarding the following: education on the importance of conservation; fish farming or aquaculture; restocking or rejuvenation of depleted water bodies; stock assessment; monitoring and surveillance; provision of fishing inputs; and, extension research linkage

Conservation and management of marine fishery resources of Kerala State, India

The highly productive fisheries of Kerala, India, are suffering from overexploitation. Use of unsuitable fishing gears that result in a high level of wasteful bycatch and destruction of egg bearing and juvenile fish should be controlled. This paper makes some suggestions for monitoring and conservation of the fisheries in Kerala.

Data rich and information poor : a report to the Chief of the Natural Resources Conservation Service /

"November 1995."

Proposed Resources and Conservation Act of 1960 : hearings before the Committee on Interior and Insular Affairs, United States Senate, Eighty-sixth Congress, second session on S. 2549 ... January 25, 26, 28 and 29, 1960.

Mode of access: Internet.

Resources use and conservation attitudes of local people in the Western Terai landscape, Nepal

Two protected areas: Royal Bardia National Park (RBNP) and Royal Suklaphanta Wildlife Reserve (RSWR) in the Western Terai, Nepal, are under threats due to present political turmoil, uncontrolled immigration, inefficient land reform policies and unsustainable resource use. I did a stratified random questionnaire survey of 234 households to determine how resource use patterns and problems influence conservation attitudes. Chi-square, Student's t, Mann-Whitney and Kruskal-Wallis tests, and multiple regression were used. There was spatio-temporal variability in resource use patterns and dependency. People were collecting eight and seven types of resources in RBNP and RSWR, respectively. However, people in RBNP were more dependent on resources than RSWR. In both areas, the problem of firewood is serious. The mean attitude score of RBNP (8.4 ± 1.44) was significantly higher than the score of RSWR (7.7 ± 1.66; t = 3.24, p = 0.0007). Conservation attitude was determined by variables such as participation in trainings, wildlife damage, and satisfaction towards user groups.

New insights into rebound effects : theory and empirical evidence

The main objective of the thesis is to seek insights into the theory, and provide empirical evidence of rebound effects. Rebound effects reduce the environmental benefits of environmental policies and household behaviour changes. In particular, win-win demand side measures, in the form of energy efficiency and household consumption pattern changes, are seen as ways for households and businesses to save money and the environment. However, these savings have environmental impacts when spent, which are known as rebound effects. This is an area that has been widely neglected by policy makers. This work extends the rebound effect literature in three important ways, (1) it incorporates the potential for variation of rebound effects with household income level, (2) it enables the isolation of direct and indirect effects for cases of energy efficient technology adoption, and examines the relationship between these two component effects, and (3) it expands the scope of rebound effect analysis to include government taxes and subsidies. MACROBUTTON HTMLDirect Using a case study approach it is found that the rebound effect from household consumption pattern changes targeted at electricity is between 5 and 10%. For consumption pattern changes with reduced vehicle fuel use, the rebound effect is in the order of 20 to 30%. Higher income households in general are found to have a lower total rebound effect; however the indirect effect becomes relatively more significant at higher household income levels. In the win-lose case of domestic photovoltaic electricity generation, it is demonstrated that negative rebound effects can occur, which can potentially amplify the environmental benefits of this action. The rebound effect from a carbon tax, which occurs due to the re-spending of raised revenues, was found to be in the range of 11-32%. Taxes and transfers between households of different income levels also have environmental implications. For example, a more progressive tax structure, with increased low income welfare payments is likely to increase greenhouse gas emissions. Subsidies aimed at encouraging environmentally friendly consumption habits are also subject to rebound effects, as they constitute a substitution of government expenditure for household expenditure. For policy makers, these findings point to the need to incorporate rebound effects in the environmental policy evaluation process.’

The role of bricolage and resource constraints in high potential sustainability ventures

Sustainability decisions and their impacts may be among the greatest challenges facing the world in the 21st century (Davos 2000). Apart from adaptation on the part of established organizations these challenges are arguably going to require solutions developed by new actors However, young ventures have only recently begun generating research interest within sustainability literature (Shepherd et al. 2009). In particular, little is known about resource behaviours of these ventures and how they adapt to substantial resource constraints. One promising theory that has been identified as a way that some entrepreneurs manage constraints is bricolage: a construct defined as “making do by applying combinations of the resources at hand to new problems and opportunities” (Baker and Nelson 2005: 333). Bricolage may be critical as the means of continued venture success as these ventures are frequently developed in severe resource constraint, owing to higher levels of technical sophistication (Rothaermel and Deeds 2006). Further, they are often developed by entrepreneurs committed to personal and social goals of resourcefulness, including values that focus on conservation rather than consumption of resources (Shepherd et al. 2009). In this paper, using seven novel cases of high potential sustainability firms from CAUSEE we consider how constraints impact resource behaviours and further illustrate and extend bricolage domains previously developed by Baker and Nelson (2005) with recommendations for theory and practice provided.

Genetic resources in wild and cultured stocks of the Asian mud crab, Scylla paramamosain

The mud crab (Scylla spp.) aquaculture industry has expanded rapidly in recent years in many countries in the Indo - West Pacific (IWP) region as an alternative to marine shrimp culture because of significant disease outbreaks and associated failures of many shrimp culture industries in the region. Currently, practices used to produce and manage breeding crabs in hatcheries may compromise levels of genetic diversity, ultimately compromising growth rates, disease resistance and stock productivity. Therefore, to avoid “genetic pollution” and its harmful effects and to promote further development of mud crab aquaculture and fisheries in a sustainable way, a greater understanding of the genetic attributes of wild and cultured mud crab stocks is required. Application of these results can provide benefits for managing wild and cultured Asian mud crab populations for multiple purposes including for commercial production, recreation and conservation and to increase profitability and sustainability of newly emerging crab culture industries. Phylogeographic patterns and the genetic structure of Asian mud crab populations across the IWP were assessed to determine if they were concordant with those of other widespread taxa possessing pelagic larvae of relatively long duration. A 597 bp fragment of the mitochondrial DNA COI gene was amplified and screened for variation in a total of 297 individuals of S. paramamosain from six sampling sites across the species’ natural geographical distribution in the IWP and 36 unique haplotypes were identified. Haplotype diversities per site ranged from 0.516 to 0.879. Nucleotide diversity estimates among haplotypes were 0.11% – 0.48%. Maximum divergence observed among S. paramamosain samples was 1.533% and samples formed essentially a single monophyletic group as no obvious clades were related to geographical location of sites. A weak positive relationship was observed however, between genetic distance and geographical distance among sites. Microsatellite markers were then used to assess contemporary gene flow and population structure in Asian mud crab populations sampled across their natural distribution in the IWP. Eight microsatellite loci were screened in sampled S. paramamosain populations and all showed high allelic diversity at all loci in sampled populations. In total, 344 individuals were analysed, and 304 microsatellite alleles were found across the 8 loci. The mean number of alleles per locus at each site ranged from 20.75 to 28.25. Mean allelic richness per site varied from 17.2 to 18.9. All sites showed high levels of heterozygosity as average expected heterozygosities for all loci ranged from 0.917 – 0.953 while mean observed heterozygosity ranged from 0.916 – 0.959. Allele diversities were similar at all sites and across all loci. The results did not show any evidence for major differences in allele frequencies among sites and patterns of allele frequencies were very similar in all populations across all loci. Estimates of population differentiation (FST) were relatively low and most probably largely reflect intra – individual variation for very highly variable loci. Results from nDNA analysis showed evidence for only very limited population genetic structure among sampled S. paramamosain, and a positive and significant association for genetic and geographical distance among sample sites. Microsatellite markers were then employed to determine if adequate levels of genetic diversity has been captured in crab hatcheries for the breeding cycle. The results showed that all microsatellite loci were polymorphic in hatchery samples. Culture populations were in general, highly genetically depauperate, compared with comparable wild populations, with only 3 to 8 alleles recorded for the same loci set per population. In contrast, very high numbers of alleles per locus were found in reference wild S. paramamosain populations, which ranged from 18 to 46 alleles per locus per population. In general, this translates into a 3 to 10 fold decline in mean allelic richness per locus in all culture stocks compared with wild reference counterparts. Furthermore, most loci in all cultured S. paramamosain samples showed departures from HWE equilibrium. Allele frequencies were very different in culture samples from that present in comparable wild reference samples and this in particular, was reflected in a large decline in allele diversity per locus. The pattern observed was best explained by significant impacts of breeding practices employed in hatcheries rather than natural differentiation among wild populations used as the source of brood stock. Recognition of current problems and management strategies for the species both for the medium and long-term development of the new culture industry are discussed. The priority research to be undertaken over the medium term for S. paramamosain should be to close the life cycle fully to allow individuals to be bred on demand and their offspring equalised to control broodstock reproductive contributions. Establishing a broodstock register and pedigree mating system will be required before any selection program is implemented. This will ensure that sufficient genetic variation will be available to allow genetic gains to be sustainably achieved in a future stock improvement program. A fundamental starting point to improve hatchery practices will be to encourage farmers and hatchery managers to spawn more females in their hatcheries as it will increase background genetic diversity in culture stocks. Combining crablet cohorts from multiple hatcheries into a single cohort for supply to farmers or rotation of breeding females regularly in hatcheries will help to address immediate genetic diversity problems in culture stocks. Application of these results can provide benefits for managing wild and cultured Asian mud crab populations more efficiently. Over the long-term, application of data on genetic diversity in wild and cultured stocks of Asian mud crab will contribute to development of sustainable and productive culture industries in Vietnam and other countries in the IWP and can contribute towards conservation of wild genetic resources.

Towards a relational theory of copyright law

This research provides a systematic and theoretical analysis of the digital challenges to the established exclusive regime of the economic rights enjoyed by authors (and related rightholders) under the law of copyright. Accordingly, this research has developed a relational theory of authorship and a relational approach to copyright, contending that the regulatory emphasis of copyright law should focus on the facilitation of the dynamic relations between the culture, the creators, the future creators, the users and the public, rather than the allocation of resources in a static world. In this networked digital world, the creative works and contents have become increasingly vital for people to engage in creativity and cultural innovation, and for the evolution of the economy. Hence, it is argued that today copyright owners, as content holders, have certain obligations to make their works accessible and available to the public under fair conditions. This research sets forward a number of recommendations for the reform of the current copyright system.

Relational regulation theory and the role of social support and organisational fairness for nurses in a general acute context

Aims and objectives. To present a novel approach to nurse stress by exploring the demand–control–support model with organisational justice through the lens of relational regulation theory. Background. Nursing is often stressful due to high demands and dissatisfaction with pay, which impacts the mental well-being and productivity of nurses. Design. A cross-sectional design. Methods. A validated questionnaire was sent to the work addresses of all nursing and midwifery staff in a medium-sized general acute hospital in Australia. A total of 190 nurses and midwives returned completed questionnaires for the analyses. Results. The multiple regression analyses demonstrated that the model applies to the prototypical context of a general acute hospital and that job control, supervisor support and outside work support improve the job satisfaction and mental health of nurses. Conclusions. Most importantly, supervisor support was found to buffer the impact of excessive work demands. Fairness of procedures, distribution of resources and the quality and consistency of information are also beneficial. Relational regulation theory is applied to these findings as a novel way to conceptualise the mechanisms of support and fairness in nursing. Relevance to clinical practice. The importance of nurses’ well-being and job satisfaction is a priority for improving clinical outcomes. Practically, this means nurse managers should be encouraging nurses in the pursuit of diverse relational activities both at work and outside work.

Subpopulation triage: How to allocate conservation effort among populations

Threatened species often exist in a small number of isolated subpopulations. Given limitations on conservation spending, managers must choose from strategies that range from managing just one subpopulation and risking all other subpopulations to managing all subpopulations equally and poorly, thereby risking the loss of all subpopulations. We took an economic approach to this problem in an effort to discover a simple rule of thumb for optimally allocating conservation effort among subpopulations. This rule was derived by maximizing the expected number of extant subpopulations remaining given n subpopulations are actually managed. We also derived a spatiotemporally optimized strategy through stochastic dynamic programming. The rule of thumb suggested that more subpopulations should be managed if the budget increases or if the cost of reducing local extinction probabilities decreases. The rule performed well against the exact optimal strategy that was the result of the stochastic dynamic program and much better than other simple strategies (e.g., always manage one extant subpopulation or half of the remaining subpopulation). We applied our approach to the allocation of funds in 2 contrasting case studies: reduction of poaching of Sumatran tigers (Panthera tigris sumatrae) and habitat acquisition for San Joaquin kit foxes (Vulpes macrotis mutica). For our estimated annual budget for Sumatran tiger management, the mean time to extinction was about 32 years. For our estimated annual management budget for kit foxes in the San Joaquin Valley, the mean time to extinction was approximately 24 years. Our framework allows managers to deal with the important question of how to allocate scarce conservation resources among subpopulations of any threatened species. © 2008 Society for Conservation Biology.

The Governance of human resources in the Vietnamese healthcare system: A critical analysis of maternity services

This thesis utilised mixed-methods study design to understand the factors that influence the translation and implementation of central human resources in health policy at the district and commune health levels. It provided recommendations for changes to enhance governance approaches to human resources for health policy implementation at local and national levels. This thesis has also contributed to the evolution of the theory on health staff motivation and performance through the description and testing of a new model, using data from a survey on 262 health staff and 43 in-depth interviews conducted in two northern mountainous provinces of Vietnam.