Direitos sociais, mínimo existencial e democracia deliberativa

O presente trabalho tem o objetivo de desenvolver uma teoria dos direitos sociais, com base na Filosofia e na Economia. São analisadas as teses de autores como Cass Sunstein, Robert Nozick, John Stuart Mill, Michael Sandel, Michael Walzer, John Rawls, Bruce Ackerman e Jürgen Habermas, construindo-se um modelo pautado pela ação comunicativa e pela participação democrática, onde o mínimo existencial ocupa lugar de destaque. São estruturadas pautas interpretativas que podem auxiliar o intérprete no seu mister, indo-se de encontro às teses expansivas que focam na exaustão orçamentária. Deve-se entender que as prestações sociais encartam-se nas complexas relações receita-despesa, o que, no Estado contemporâneo, significa que um conjunto de pessoas contribuirá, involuntariamente, para que o Poder Público aja no sentido de melhorar a situação de outras, independentemente dos motivos que levaram àquele quadro de desigualdade. O ponto é complexo, não podendo ser construído sem considerações de justiça e, particularmente, sem que todos os argumentos sejam acessíveis ao cidadão, base da construção do próprio processo democrático, que move a sociedade.

Collaborative Pacific Halibut, Hippoglossus stenolepis, Bycatch Control by Canada and the United States

ABSTRACT—Bycatch mortality of Pacific halibut, Hippoglossus stenolepis, in nontarget fisheries is composed primarily of immature fish, and substantial reductions in yield to directed halibut fisheries result from this bycatch. Distant-water bottomtrawl fleets operating off the North American coast, beginning in the mid 1960’s, experienced bycatch mortality of over 12,000 t annually. Substantial progress on reducing this bycatch was not achieved until the of extension fisheries jurisdictions by the United States and Canada in 1977. Bycatch began to increase again during the expansion of domestic catching capacity for groundfish, and by the early 1990’s it had returned to levels seen during the period of foreign fishing. Collaborative action by Canada and the United States through the International Pacific Halibut Commission has resulted in substantial reductions in bycatch mortality in some areas. Methods of control have operated at global, fleet, and individual vessel levels. We evaluate the hierarchy of effectiveness for these control measures and identify regulatory needs for optimum effects. New monitoring technologies offer the promise of more cost-effective approaches to bycatch reduction.

Juvenile Red Rockfish, Sebastes sp., Associations with Sponges in the Gulf of Alaska

In 2001, a research submersible was used to survey seafloor habitat and associated benthos in the northeastern Gulf of Alaska. One inspected site had a uniform sand-silt substrate, punctuated by widely spaced (10–20 m apart) boulders. Two-thirds of the boulders had sponge, Aphrocallistes sp., colonies. Eighty-two juvenile (5–10 cm) red rockfish (Sebastes sp.) were also observed during the dive, and all of these fish were closely associated with the sponges. No juvenile red rockfish were seen in proximity to boulders without sponges, nor were any observed on the sand-silt substrate between boulders.

New insights into the diets of harbor seals (Phoca vitulina) in the Salish Sea revealed by analysis of fatty acid signatures

Harbor seals (Phoca fvitulina) are an abundant predator along the west coast of North America, and there is considerable interest in their diet composition, especially in regard to predation on valued fish stocks. Available informationon harbor seal diets, primarily derived from scat analysis, suggests that adult salmon (Oncorhynchus spp.), Pacific Herring (Clupea pallasii), and gadids predominate. Because diet assessments based on scat analysis may be biased, we investigated diet composition through quantitative analysis of fatty acid signatures. Blubber samples from 49 harbor seals captured in western North America from haul-outs within the area of the San Juan Islands and southern Strait of Georgia in the Salish Sea were analyzed for fatty acid composition, along with 269 fish and squid specimens representing 27 potential prey classes. Diet estimates varied spatially, demographically, and among individual harbor seals. Findings confirmed the prevalence of previously identified prey species in harbor seal diets, but other species also contributed significantly. In particular, Black (Sebastes melanops) and Yellowtail (S. flavidus) Rockfish were estimated to compose up to 50% of some individual seal diets. Specialization and high predation rates on Black and Yellowtail Rockfish by a subset of harbor seals may play a role in the population dynamics of these regional rockfish stocks that is greater than previously realized.

Atmospheric nutrient input to coastal areas: reducing the uncertainties

A significant fraction of the total nitrogen entering coastal and estuarine ecosystems along the eastern U.S. coast arises from atmospheric deposition; however, the exact role of atmospherically derived nitrogen in the decline of the health of coastal, estuarine, and inland waters is still uncertain. From the perspective of coastal ecosystem eutrophication, nitrogen compounds from the air, along with nitrogen from sewage, industrial effluent, and fertilizers, become a source of nutrients to the receiving ecosystem. Eutrophication, however, is only one of the detrimental impacts of the emission of nitrogen containing compounds to the atmosphere. Other adverse effects include the production of tropospheric ozone, acid deposition, and decreased visibility (photochemical smog). Assessments of the coastal eutrophication problem indicate that the atmospheric deposition loading is most important in the region extending from Albemarle/Parnlico Sounds to the Gulf of Maine; however, these assessments are based on model outputs supported by a meager amount of actual data. The data shortage is severe. The National Research Council specifically mentions the atmospheric role in its recent publication for the Committee on Environmental and Natural Resources, Priorities for Coastal Ecosystem Science (1994). It states that, "Problems associated with changes in the quantity and quality of inputs to coastal environments from runoff and atmospheric deposition are particularly important [to coastal ecosystem integrity]. These include nutrient loading from agriculture and fossil fuel combustion, habitat losses from eutrophication, widespread contamination by toxic materials, changes in riverborne sediment, and alteration of coastal hydrodynamics. "

Small-scale spatial and temporal variability in growth and mortality of fish larvae in the subtropical northcentral Gulf of Mexico: implications for assessing recruitment success

Extensive plankton collections were taken during seven September cruises (1990–93) along the inner continental shelf of the northcentral Gulf of Mexico (GOM). Despite the high productivity and availability of food during these cruises, significant small-scale spatial variability was found in larval growth rates for both Atlantic bumper (Chloroscombrus chrysurus, Carangidae) and vermilion snapper (Rhomboplites aurorubens, Lutjanidae). The observed variability in larval growth rates was not correlated with changes in water temperature or associated with conspicuous hydrographic features and suggested the existence of less-recognizable regions where conditions for growth vary. Cruise estimates of mortality coefficients (Z) for larval Atlantic bumper (n=32,241 larvae from six cruises) and vermilion snapper (n= 2581 larvae from four cruises) ranged from 0.20 to 0.37 and 0.19 to 0.29, respectively. Even in a subtropical climate like the GOM, where larval-stage durations may be as short as two weeks, observed variability in growth rates, particularly when combined with small changes in mortality rates, can cause order-of-magnitude differences in cumulative larval survival. To what extent the observed differences in growth rates at small spatial scales are fine-scale “noise” that ultimately is smoothed by larger-scale processes is not known. Future research is needed to further characterize the small-scale variability in growth rates of larvae, particularly with regard to microzooplankton patchiness and the temporal and spatial pattern of potential predators. Small-scale spatial variability in larval growth rates may in fact be the norm, and understanding the implications of this subtle mosaic may help us to better evaluate our ability to partition the causes of recruitment variability.