Crime de perigo abstrato e constitucionalidade: embriaguez ao volante e as decisões dos tribunais de justiça dos estados do Rio de Janeiro e de Rondônia

Esta pesquisa aborda em primeiro momento os conceitos de crimes de perigo abstrato e concreto. Estendeu a ideia de crime e as funções do Direito Penal na sociedade contemporânea, como ainda evidencia esta área do Direito no sistema e/ou estrutura do mundo da vida. Os dois casos de crimes de perigo abstrato e concreto foram propostos nos estudos acerca do artigo 306 do Código de Trânsito Brasileiro CTB no tratado à embriaguez ao volante e a constitucionalidade ou não da aplicação do crime de perigo abstrato ao caso em específico. Nesta perspectiva as análises se configuraram nos relatos dos Tribunais de Justiça dos Estados do Rio de Janeiro e de Rondônia a fim de significar as tipificações em tela, bem como às relações intersubjetivas dos desembargadores e à própria organização de cada órgão judiciário. Dessas análises foi possível chegar à interpretação das diferenças entre o crime de perigo abstrato e concreto presentes nas incidências e/ou ocorrências de acidentes de trânsito nos dois Estados respectivamente. Em um terceiro momento centrou-se as análises nos estudos socioeconômicos e culturais que tratam de entender o fenômeno do trânsito nos municípios de Porto Velho-RO e Rio de Janeiro-RJ, cujos acidentes nas vias públicas modificam os modos de ser e de viver nos locais. Do ponto de vista metodológico a ideia é conceituar os crimes de perigo concreto e abstrato; os riscos da sociedade atual, se utilizando muitas vezes de Niklas Luhmann e Raffaele De Giorgi; Leonel S. Rocha; Renato de Mello Jorge Silveira; Jorge Luis Fortes Pinheiro da Câmara; Aparecida Luzia Alzira Zuin, Jürgen Habermas, Juarez Estevam Xavier Tavares; Eduardo Sanz de Oliveira Silva; Winfried Hassemer; Antônio Carlos Wolkmer e José Rubens Morato Leite; Diego Romero, entre outros. A fim de entender o que é perigo no escopo abrangido pelo Direito Penal, tomamos como embasamentos teóricos Luiz H. Merlin; Sánchez Silva, Luís Greco, Claus Roxin, Nilo Batista etc. Além desses autores, a tese se apoia nos teóricos: Juarez Tavares, Luiz Alberto Machado; E. Raúl Zaffaroni; Alexandre de Moraes. Ainda, complementamos as referências com Luiz Regis Prado; Nilo Batista. Estende-se à ideia aos crimes de perigo abstrato e direito penal brasileiro; aqui, encontramos subsídios em: Celso Delmanto; Luiz Flávio Gomes, dentre outros. Vale mencionar que neste diapasão, a proposta é conceituar e exemplificar os princípios legitimadores do Direito Penal frente à proposta fundamental da Constituição Federal de 1988. Ainda, conceituar e descrever os objetivos do CTB; as aplicações legais ou não do Art. 306 do CTB; e a definição e/ou classificação de embriaguez nesta linha de pensamento.

Training workshop proceedings: adaptive co-management of fisheries (January 21-25, Boyboison Lodge, Fijai, Ghana)

The Adaptive Collaborative Management of Fisheries Training workshop was held in Sekondi, Western Region of Ghana as part of the project “Integrated Coastal and Fisheries Governance Initiative” locally referred to as “H n Mpoano”. The aim of the project is to support the government of Ghana achieve its development objective of poverty reduction, food security, sustainable fisheries management and biodiversity conservation and contributes to its vision: Ghana’s coastal and marine ecosystems are sustainably managed to provide goods and services that generate long-term socioeconomic benefit to communities while sustaining biodiversity.

Determinants of small-scale fishermen's income on Oman's Batinah Coast

The small-scale fishing industry of Oman is responsible for almost 90 percent of the total marine fishery production. It is also the main supplier of fish for Omani households. This study analyzes the factors that determine small-scale fishermen’s income on Oman’s Batinah Coast, which has almost 30 percent of Oman’s population and more than one-third of the small-scale fishermen. We find that fishermen’s income here can be explained broadly under four major blocks of variables: geographical region, fishing inputs and catch, socioeconomic and demographic characteristics, and the nature of the relationship with fisheries extension services. In general, the Wilayat (local administrative units) failed to make any significant impact on fishermen’s income. The variable “Fishing inputs and catch,” such as increases in engine power, boat length, weekly catch, and number of weekly trips, positively impacted fishermen’s income while increases in weekly fishing costs, number of crew members, and difficulty in getting ice had a significantly negative effect on the income. Furthermore, socioeconomic and demographic characteristics also contributed significantly in determining the fishermen’s income level. The other important findings were related to extension services. The variables “Fishermen’s exchange of information and cooperation with the ministry” and “Fishermen’s involvement in the extension activities” were found to have positive effects on fishermen’s income levels. Capitalizing on these findings could improve fishermen’s incomes and their lives across the region, as well as nationally.

Improving methods and indicators for evaluating coastal water eutrophication: a pilot study in the Gulf of Maine

Study Goals and Objectives: 1) Improve existing nutrient-related eutrophication assessment methods, updating (from early 1990s to early 2000s) the eutrophication assessment for systems included in the study with the improved method. 2) Develop a human-use/socioeconomic indicator to complement the assessment indicator. The human-use indicator was developed to evaluate costs of nutrient-related degradation in coastal waters and to put the issue into a broader context relevant to the interested public and legislators as well as to scientists. 3) Project objectives included collecting existing water quality data, developing an accessible database appropriate for application to a national study, and applying the assessment methods to 14 coastal systems – nine systems north of Cape Cod and five systems south. The geographical distribution of systems was used to examine potential regional differences in condition. 4) The intent is to use the lessons learned in this pilot study on a national scale to guide completion of an update of the 1999 National Estuarine Eutrophication Assessment.

An integrated biogeographic assessment of reef fish populations and fisheries in Dry Tortugas: Effects of No-take Reserves

The Tortugas Integrated Biogeographic Assessment presents a unique analysis of demographic changes in living resource populations, as well as societal and socioeconomic benefits that resulted from the Tortugas Ecological Reserves during the first five years after their implementation. In 2001, state and federal agencies established two no-take reserves within the region as part of the Florida Keys National Marine Sanctuary. The northern reserve (Tortugas Ecological Reserve North) was established adjacent to the Dry Tortugas National Park, which was first declared a national monument in 1935. The reserves were designed to protect a healthy coral reef ecosystem that supports diverse faunal assemblages and fisheries, serves as important spawning grounds for groupers and snappers, and includes essential feeding and breeding habitats for seabirds. The unique ecological qualities of the Tortugas region were recognized as far back as 1850, and it remains an important ecosystem and research area today. The two main goals of the Tortugas Ecological Reserve Integrated Ecological Assessment were: 1) to determine if demographic changes such as increases in abundance, average size and spawning potential of exploited populations occurred in the Tortugas region after reserve implementation; and 2) whether short-term economic losses occurred to fishers displaced by the reserve. This project utilized a biogeographic approach in which information on the physical features (i.e., habitat) and oceanographic patterns were first used to determine the spatial distribution of selected fish populations within and outside the Tortugas Ecological Reserve. Before-and-after reserve implementation comparisons of selected fish populations were then conducted to determine if demographic changes occurred in reef fish assemblages. These comparisons were done for the Tortugas region and also for a subset of available habitats within the Tortugas Ecological Reserve Study Area. Social and economic impacts of the reserves were determined through: 1) analyses of commercial landings and revenues from fishers, operating in the Tortugas region before and after reserve implementation and 2) surveys of recreational tour guides. Analyses of the commercial landings and revenues excluded areas inside Dry Tortugas National Park because commercial fishing has been prohibited within park boundaries since 1992. Key findings and outcomes of this integrated ecological assessment are organized by chapter and listed below.

Bycatch of billfishes by the European tuna purse-seine fishery in the Atlantic Ocean

Billfishes are a component of offshore ecosystems; thus it is important to quantify the impact of the tuna fishery on these species in the world’s ocean. The aim of this study was to assess the bycatch of billfishes generated by the tropical tuna purse-seine fishery in the eastern Atlantic Ocean. Information on bycatch was collected by observers at sea during the European Union Bigeye Program. With a total of 62 observers’ trips, conducted on Spanish and French vessels between June 1997 and May 1999, this project is the biggest observer program ever carried out in the European tuna purse-seine fishery. This study showed that billfish bycatch by the purse seiners is very low (less than 0.021% of the total tuna catches and less than 10% of the total billfish catches currently reported). A Monte Carlo simulation was performed to account for some uncertainties in the fishing strategies of purse seiners operating in this ocean. One of the findings of this study indicated that the temporary moratorium on fishing with FADs (fish aggregating devices), adopted by the European purse-seine fishery in the eastern Atlantic Ocean, produced a decrease in incidental catches of marlins from 600–700 metric tons (t) to less than 300 t. In contrast, this trend was reversed for sailfishes, for which the bycatch increased from 25 t to 45 t. The difficulty of defining indices that express the conservation status in marine fishes and that gauge key ecosystem parameters and the need to promote an ecosystem approach for large-pelagic-resource management which takes into account biologic and socioeconomic criteria are briefly discussed.

游牧文化、草地利用方式变迁与现代生态系统管理 — 以内蒙古锡林河流域为例

锡林郭勒草原位于内蒙古自治区中部，草地面积居我国11片重点牧区之首，是我国温带典型草原的核心分布区和重要的草地畜牧业生产基地。长期以来，锡林郭勒草原作为我国北方地区的一道重要的绿色生态屏障，有效地阻止了草原腹地的土壤侵蚀、沙化以及来自中亚和我国西部的沙尘侵害，对于维持整个华北地区，特别是京、津大都市的生态环境安全起着极其重要的作用。然而，近几十年来，由于人类活动的强度干扰锡林郭勒草原发生了严重退化，生产力显著降低，草原的生态服务功能日益衰减。本文以锡林郭勒草原传统的游牧文化和草地利用方式的变迁作为切入点，以锡林河流域为案例，深入分析了社会驱动力在草地退化过程中的主导作用，目的在于揭示土地利用方式的变化、农牧业人口的剧增和牲畜数量在时间和空间分布的变化趋势与锡林河流域草地退化的关系，进而探求锡林河流域草地畜牧业的可持续发展途径。同时，近年来由于草地退化速度的加剧和草地退化面积的不断扩张，以及世界许多资源保护计划和可持续发展项目的失败，人类原始的土著文化对当地生态环境的保护和维持作用，引起了自然和社会科学界共同的关注，本文应用草地调查和社会调查的方法以及GIS技术对锡林河流域草地退化时空分布规律及其成因进行了研究。 原始游牧是锡林郭勒草原历史悠久的草地利用方式，而草原游牧文化则是蒙古族传统文化的重要组成部分。随着人类社会不断地走向文明和现代化，传统的游牧逐渐地被半定居和定居定牧的方式所取代，蒙古族传统的草原游牧文化也随之走向衰落。本文采用社会调查方法对锡林河流域已经结束了50多年的游牧利用方式进行考察，探讨了不同土地利用方式时空格局，以及土地利用方式变迁对草地退化格局的影响，进而强调了传统的草原游牧文化对于人类的行为规范、价值观念、环境保护和维持生态系统功能的重要意义。 以1984年和2004年开展的大量草地调查数据为基础，结合同期的TM数据，分析了20年来锡林河流域草地退化程度及其空间分布，结果发现锡林河流域草地退化面积达到70％之多，从东南向西北草地退化程度明显加剧。同上世纪80年代中期相比，锡林河流域植被在近20余年来的变化状况表现为：局部恢复，部分地区变化不明显，总体上呈现出不断恶化的发展势头。通过对位于 锡林河流域的锡林浩特市及其邻近地区的社会驱动因子的分析，并应用统计学和GIS空间分析的方法，对锡林河流域土地利用、牧业人口和牲畜数量等因子在近35年来的变化过程进行了系统研究，发现土地利用变化、人口的急剧增加、以及过度放牧是导致锡林河流域草地退化加剧的主要原因。 在上述分析的基础上，以适应性生态系统管理和可持续性科学的基本理论为指导，对锡林河流域的生态环境保护和草地畜牧业的可持续发展提出了一些具体的建议和措施。

Factors affecting the adoption of carp polyculture in Bangladesh

A study was conducted to determine the factors affecting adoption of pond polyculture in six villages of three districts namely Mymensingh, Bogra and Narshingdi in Bangladesh. In Mymensingh, 75% pond owners adopted carp polyculture technology whereas in Bogra and Narshingdi only 16% and 25% pond owners, respectively adopted this technology for fish production. The production of fish per unit area was found to be 5 to 10 times higher in Mymensingh compared to that of Bogra and Narshingdi. Fish farmers identified three main problems affecting the adoption of pond polyculture viz. lack of input used in aquaculture, low fish yield and lack of credit facilities for pond polyculture. The technological awareness of the farmers directly contributed towards use of inputs in culture ponds. The positive impact of technological dissemination found on input use, fish yield and uplifted socioeconomic condition.

Health and disease status of Thai pangas, Pangasius hypophthalmus cultured in rural ponds of Mymensingh, Bangladesh

Thai pangas, Pangasius hypophthalmus is one of the important aquaculture species in Bangladesh. Over the last few years spectacular development has been taking place in Thai pangas farming in Mymensingh district. Due to availability of easy breeding and culture techniques as well as quick return, more and more people are converting their rice fields into pangas farms overnight. The present study was carried out to examine health and disease status of Thai pangas mainly through clinical, histopathological and bacteriological techniques. In addition, for collecting primary data on disease and health status of Thai pangas and the resultant socioeconomic impacts on rural households, questionnaire interview and participatory rural appraisal tools were used with selected farming households in three upazilas of Mymensingh district. The most prevalent diseases as reported by the farmers were red spot, followed by anal protrusion, tail and fin rot, pop eye, dropsy and gill rot. Other conditions like cotton wool type lesion, ulceration and white spot were reported but with lower incidence. Four isolates of Aeromonas hydrophila were recovered from kidney and lesion of diseased fish. Hemorrhage over the body especially near mouth and caudal region was noticed in the fishes associated with aeromonad infection. Internally, kidney, liver and spleen became swollen and enlarged. The isolates varied with their pathogenicity. All the four isolates were sensitive to Nitrofurantoin, Cotrimoxazole and Tetracycline but were resistant to Amoxycilline. An attempt was made to treat diseased fish with extracts from neem leaf, garlic and turmeric. Recovery of infection was monitored through mortality and histopathology. General histopathological changes of different organs were also studied. Extract from neem (Azadirachta indica) leaf gave better result. Telangiectasis, lamellar hypertrophy and hyperplasia hemorrhage, lamellar fusion, necrosis of lamellar epithelial cells, presence of parasites and their cysts were the major pathology of gills. Hemorrhagic lesion, pyknotic nuclei and melanomacrophage centers (MMC) were found in the liver of fish. Major pathologies in kidney of fish included presence of MMC, necrotic and ruptured kidney tubules, severe haemopoietic necrosis, and hemorrhage. The economic loss due to disease in Thai pangas farming was estimated from the difference between expected production and actual production. On an average, Thai pangas farmers of Mymensingh incur a loss of Tk. 23,104/ha/cycle due to fish disease (3.6% of expected total production). The loss, however, varied with location and size of farms, type of farmers and management practices. The study also highlighted fish health management related problems and recommended further work for the development of user-friendly farmer-oriented fish health management packages.

Shrimp pond culture in the Philippines

The document reviews and evaluates the development of shrimp culture in the Philippines. It also discusses the ecological and socioeconomic effects of shrimp culture industry in the country.

Adopt sustainable development principle in aquaculture

The inadequate planning and inefficient management of coastal aquaculture has resulted into serious socioeconomic consequences. These are the displacement of rural communities which traditionally depended on mangroves due to large-scale mangrove conversion for shrimp and fish farming, land subsidence caused by excessive pumping of groundwater for use in aquaculture, financial losses due to disease outbreaks, and public health consequences due to red tide. In order to maximize the socioeconomic benefits of coastal aquaculture the adoption of the principles of sustainable development is recommended. Sustainable development is the management and conservation of natural resource base and the orientation of technological and institutional change in such a manner to ensure the attainment and continued satisfaction of human needs for present and future generations.

Go for environment friendly aquaculture

The article presents environment friendly aquaculture practices such as semi-intensive aquaculture, the culture of native species, the selection of proper sites for aquaculture facilities, the conduct of thorough, honest socioeconomic and ecological impact assessment before proceeding with the implementation, and the practice and promotion of proper pond/cage/tank preparation and management among others.

The state of mangroves

The article presents the current state of mangroves in Southeast Asia. In several countries lost mangrove areas were due to the conversion of mangrove forest into aquaculture and other uses. The ecological and socioeconomic effects of mangrove destruction are also presented.

Report of the SocMon capacity development workshop for the Bay of Bengal Large Marine Ecosystem countries in South Asia, Vidathaltivu, Northern Province, Sri Lanka, 3-11 March, 2015

This Socioeconomic Monitoring (SocMon) training workshop was coordinated by the Small Fisher Federation of Lanka (SFFL). Planned outputs included: participants from Mannar trained in SocMon methodologies; draft SocMon reports fro Vidathaltivu; a workplan for Mannar; a communication strategy for Vidathaltivu/ Mannar; and key inputs to a regional SocMon strategy

Report of the Socio-economic Monitoring (SocMon) Training Workshop for Mannar, Sri Lanka, 26 May-1 June, 2015

The Socio-economic Monitoring (SocMon) training workshop followed up from the capacity building workshop held in Mannar, 2015. It's aims were to validate information collected at the previous workshop, assist in filling in any gaps and develop a vision tree fro future actions. Planned outputs included: a detailed workplan; a workshop process report; and a final socioeconomic base line report for Vidathaltivu village.