River Tavy SAP Final Plan

This is the River Tavy Salmon Action Plan Final document produced by the Environment Agency in 2000. This final Salmon Action Plan (SAP) for the River Tavy catchment has been produced after consideration of feedback from external consultation. It provides a list of the agreed issues and actions for the next five years to maintain and improve the River Tavy salmon stock. The actions presented within this Salmon Action Plan clarify the important issues and factors currently limiting the salmon stock on the river. The resolution of these issues should ensure that a sustainable salmon population will be maintained for future generations. An attempt has been made to cost these actions, identify possible sources of funding and to provide a timescale for action. This Action Plan aims to promote long term collaboration and co-operation between the Agency and other interested parties to effectively and efficiently manage the stock of salmon on the River Tavy.

The Rivers Avon & Erme SAP Final Plan

This is the Rivers Avon & Erme Salmon Action Plan Final document produced by the Environment Agency in 2004. The Rivers Avon and Erme Salmon Action Plan (SAP) has been produced after consideration of feedback from public consultation. The final plan provides a list of the agreed issues and actions for the next five years to maintain and improve the salmon stocks and fisheries of both rivers. Efforts have been made to identify possible sources of funding, partners and timescales. It indicates how the plan will be managed, including the process for reviewing stock status, issues, actions and progress. Low marine survival is currently a major factor limiting the numbers of salmon returning to spawn in both the Avon and the Erme. Actions to improve the accessibility of spawning areas and to maximise the productivity of spawning and nursery habitats are seen as priorities, which should help to offset the low marine survival. The quality of the information available to assess salmon stocks is recognised as a limiting factor in the management of salmon fisheries. The SAP aims also to promote long term collaboration between the Agency and other interested parties in managing the salmon stocks and fisheries of the Avon and the Erme.

The River Dart SAP Final Plan

This is the River Dart Salmon Action Plan Final document produced by the Environment Agency in 2003. This final Salmon Action Plan (SAP) for the River Dart catchment has been produced after consideration of feedback from external consultation. It provides a list of the agreed issues and actions for the next five years to maintain and improve the River Dart salmon stock. The low marine survival (likely to be below 10%) is possibly to be the main cause for the River Dart salmon stock non-compliance with its conservation limit. Actions protecting smolts and maximising spawning activity of returning adults are seen as priorities to contribute to mitigate the low marine survival. Also the lack of information on salmon stock and its habitat is recognised as one main factor limiting the better management of salmon fisheries. Efforts will be focused on gaining more knowledge and improving modelling techniques. The actions presented in this document are perceived as those required to address the important issues and factors limiting the salmon stock. This SAP aims also to promote long term collaboration between the Agency and other interested parties in managing the River Dart salmon stock and fisheries.

The River Exe SAP Final Plan

This is the River Exe Salmon Action Plan Final document produced by the Environment Agency in 2003. This final Salmon Action Plan (SAP) for the River Exe catchment has been produced after consideration of feedback from external consultation. The actions presented within this Salmon Action Plan clarify the important issues and factors currently limiting the salmon stock on the river. An attempt has been made to cost these actions, identify possible sources of funding and to provide a timescale for action. This SAP aims also to promote long term collaboration between the Agency and other interested parties in managing the River Exe salmon stock and fisheries. The River Exe salmon population is currently judged to be passing its Conservation Limit. However, its apparent declining trend in egg deposition in the recent years and the high uncertainty in its stock assessment suggest the following actions as priorities: actions promoting good land management, maximising salmon natural spawning activity and protecting smolts throughout the Exe catchment. Also, the lack of information on salmon stocks and its habitat quality and availability is recognised as the main factor limiting the better management of salmon fisheries. The actions presented in this document are perceived as those required to address the important issues and factors limiting the salmon stock.

The River Lyn SAP Final Plan

This is the River Lyn Salmon Action Plan Final document produced by the Environment Agency in 2003. This final Salmon Action Plan (SAP) for the River Lyn catchment has been produced after consideration of feedback from external consultation. It provides a list of the agreed issues and actions for the next five years to maintain and improve the River Lyn salmon stock. The actions presented within this Salmon Action Plan clarify the important issues and factors currently limiting the salmon stock on the river. The resolution of these issues should ensure that a sustainable salmon population will be maintained for future generations. An attempt has been made to cost these actions, identify possible sources of funding and to provide a timescale for action. This SAP aims also to promote long term collaboration between the Agency and other interested parties in managing the River Lyn salmon stock and fisheries.

The River Taw SAP Final Plan

This is the River Taw Salmon Action Plan Final document produced by the Environment Agency in 2000. This final Salmon Action Plan (SAP) for the River Taw catchment has been produced after consideration of feedback from external consultation. The SAP provides a list of the issues and actions which were agreed for a five-year programme to maintain and improve the River Taw salmon stock. Some of these actions have already been delivered before finalising the SAP, but others have yet to be addressed. An attempt has been made to estimate the cost of the actions, identify possible sources of funding and the timescale under which they will be dealt with. The Taw salmon stock is currently failing to meet its spawning target. However, there was a period of compliance in the 1990s following a decade of failure through the 1980s. The freshwater environment of the Taw has improved in recent years. The actions presented in this SAP are perceived as those that are required to address, as far as possible, the important issues and factors currently limiting the salmon stock on the river. This SAP aims to promote long term collaboration between the Agency and other interested parties in managing the River Taw salmon stock and fisheries.

The River Teign SAP Final Plan

This is the River Teign Salmon Action Plan Final document produced by the Environment Agency in 2003. This final Salmon Action Plan (SAP) for the River Teign catchment has been produced after consideration of feedback from external consultation. This final plan provides a list of the agreed issues and actions for the next five years to maintain and improve the River Teign salmon stock. An attempt has been made to cost these actions, identify possible sources of funding, partners and the timescale under which they will be dealt with. It indicates how the plan will be managed, i.e., implemented and reviewed, and, summarises progress of on-going actions. The low marine survival (likely to be below 10%) is possibly the main cause for the River Teign salmon stock non-compliance with its conservation limit. Actions protecting smolts and maximising spawning activity of returning adults are seen as priorities to contribute to offset the low marine survival. This SAP aims also to promote long term collaboration between the Agency and other interested parties in managing the River Teign salmon stock and fisheries.

The River Torridge SAP Final Plan

This is the River Torridge Salmon Action Plan Final document produced by the Environment Agency in 2000. This final Salmon Action Plan (SAP) for the River Torridge catchment has been produced after consideration of feedback from external consultation. The SAP provides a list of the issues and actions which were agreed for a five-year programme to maintain and improve the River Torridge salmon stock. Some of these actions have already been delivered before finalising the SAP, but others have yet to be addressed. An attempt has been made to estimate the cost of the actions, identify possible sources of funding and the timescale under which they will be dealt with. The Torridge salmon stock has declined dramatically since the 1960s and is currently failing to meet the spawning target. The decline in the spring fish component has accounted largely for the overall decrease in stocks. The reasons for the decline are not fully understood, but the spring fish problem is recognised as a national issue. The rate of survival over the marine phase has reduced in recent years for both the grilse and multi-sea winter (MSW) components. This is undoubtedly a contributory factor, which may now constrain stocks to lower levels than have existed historically. Agricultural pollution is recognised as one of the main factors limiting freshwater production. This SAP aims to promote long term collaboration between the Agency and other interested parties in managing the River Torridge salmon stock and fisheries.

Fishery-dependent livelihoods, conservation and sustainable use of biodiversity: the case of marine and coastal protected areas in India

The lacunae in fishing-community engagement in the management and governance of marine and coastal protected areas (MCPAs) were discussed in the 2009 Chennai Workshop organized by the International Collective in Support of Fishworkers (ICSF). To continue the discussion, a second, two-day workshop to review existing legal and institutional mechanisms for implemention and monitoring of MCPAs, titled ‘Fishery-dependent Livelihoods, Conservation and Sustainable Use of Biodiversity: The Case of Marine and Coastal Protected Areas in India’, was held in New Delhi during 1-2 March 2012. The objective was to understand the impact of MCPAs on fishing communities, from an environmental-justice and human-rights perspective, and make specific proposals for better conservation while securing the livelihoods of small-scale fishers. The workshop also served to underscore these issues in light of the upcoming Conference of the Parties (COP) to the Convention on Biological Diversity (CBD), to be held at Hyderabad in October 2012. This publication contains the prospectus of the workshop and a report of the proceedings. It will be useful for fishworkers, non-governmental organizations, policymakers, trade unions, researchers and others interested in natural resource management and coastal and fishing communities.

Exoneração e limitação do dever de indenizar: entre riscos e equilíbrio

A presente dissertação tem por objetivo analisar a cláusula de não indenizar, expressão utilizada como gênero do qual são espécies a cláusula que exonera e a que limita o dever de indenizar, à luz do ordenamento jurídico brasileiro. O estudo se justifica em virtude da cada vez mais frequente utilização deste ajuste para regular negócios jurídicos e por não existir um marco legislativo a respeito da matéria. A controvérsia inicial diz respeito à validade da convenção, que é resultado da ponderação do direito de autorregular suas relações e o princípio da reparação integral. Os seus principais requisitos de validade são a inexistência de dolo do agente causador do dano e a não violação a normas de ordem pública. A convenção pode incidir sobre a obrigação principal, salvo quando esta for personalíssima ou quando a indenização for a única forma de o credor obter o resultado equivalente à prestação Para ser eficaz, a convenção deve, ainda, guardar relação de equilíbrio e proporcionalidade entre os riscos assumidos e o benefício daquele que se submete ao risco de não ter ou ter parcialmente reparado os danos que lhe foi causado. O inadimplemento, absoluto ou relativo, é basicamente o risco contratual ao qual se submetem todos os contratantes e, nesse contexto, a cláusula de não indenizar tem como função alterar a distribuição dos riscos já fixados pelo legislador. A negociação dos riscos submete-se a alguns limites, destacando-se a possibilidade de os riscos serem previstos, o respeito aos princípios da boa-fé objetiva e do equilíbrio contratual, bem como a necessidade de ultrapassar o juízo de merecimento de tutela (meritevolezza). Nos contratos de adesão, a cláusula pode ser prevista, desde que a obrigação que atinge não seja personalíssima ou que tenha a indenização como única forma de o credor obter o equivalente a prestação. Já nas relações de consumo, é possível a limitação do dever de indenizar nos vícios de produtos e serviços, desde que o consumidor seja pessoa jurídica e a situação seja justificável, o que ocorre quando há negociação entre as partes, o consumidor é beneficiado com uma expressa vantagem e é assistido por consultor jurídico que lhe aponte os riscos inerentes àquela convenção.