Entidade Ecológica Florianopolis-Brasil INCOFISH – WP 10 Fishing in the costal zone of Brazil By Mauro Figueiredo

Costal Zone in the Brazilian constitution n It is considered a national patrimony  The Brazilian coastal zone, considered a national patrimony by the Constitution of 1988, corresponds to the geographic space of interaction of air, sea and land, including its resources, renewable or not, encompassing a maritime portion and a terrestrial portion, with the following limits: The maritime portion: the space that extends for 12 nautical miles, measured from the base lines, thus including the totality of the territorial sea; Land portion: the space composed of the limits of the Municipalities that suffer direct influence of the phenomena occurring in the coastal zone.[1] [1] [1] Federal Decree of December 7, National Coastal Management Plan [1]

Institutional and Organizational Structure n Governmental Structure n Special Secretariat for Aquiculture and Fishing (Seap) n Ministry of the Environment n Division of the indivisible n The productive sector n “colonies” of fishermen and in unions n National Council of Fishing and Aquiculture

Institutional and Organizational Structure n Special Secretariat for Aquiculture and Fishing (Seap)  To issue licenses, permissions and authorizations for the exercise of commercial and cottage fishing and aquiculture in the fishing grounds in national territory, including the continental and interior waters and the territorial sea of the Continental Shelf, the Exclusive Economic Zone, adjacent areas and international waters for the capture of:  To issue licenses, permissions and authorizations for the exercise of commercial and cottage fishing and aquiculture in the fishing grounds in national territory, including the continental and interior waters and the territorial sea of the Continental Shelf, the Exclusive Economic Zone, adjacent areas and international waters for the capture of: a) highly migratory species, according to the United Nations Convention on the Law of the Sea, with the exception of marine mammals; b) under or non-exploited species; n c) overexploited species or those threatened with overexploitation, observing the dispositions of § 6 o of art. 27;

Institutional and Organizational Structure n Ministry of the Environment to establish the norms, criteria and standards for use of the species that are overexploited or threatened with overexploitation, as determined by the best existing scientific data, except for those referred to in line “a” of item I of § 1 o do art. 23; to establish the norms, criteria and standards for use of the species that are overexploited or threatened with overexploitation, as determined by the best existing scientific data, except for those referred to in line “a” of item I of § 1 o do art. 23; n to provide support, assistance and participate, in conjunction with the Special Secretariat of Aquiculture and Fishing of the Presidency of the Republic, in interaction with the Ministry of Foreign Relations, for business and events that involve the compliance with rights and interference in the national interests concerning fishing

Management n Control of fishing effort n Fleet size n Fishing gears n Period of fishing defense (species)

PROTECTED AREAS According to the Convention on Biological Diversity "Protected area" means a geographically defined area which is designated or regulated and managed to achieve specific conservation objectives

National System of Conservation Unities in Brazil- SNUC n n In Brazil, Protected Areas have a wider meaning. The term that more fits the definition of protected Areas by the convention of biodiversity is – Consevation Unites (Unidades de C onservação) The obligation for the govenment to creat UC’s is provided in paragraph 1º of art.225 of the Federal Constitution

The law that implements this article is law #9985/00 that establishes the National System of Conservation Unities - SNUC The law that implements this article is law #9985/00 that establishes the National System of Conservation Unities - SNUC The law of the SNUC foresees two groups of UC’s: The law of the SNUC foresees two groups of UC’s: Group of Integral Protection or Strict Use - 5 categories of UC’s: Ex:Biological reserves and National Parks Group of Integral Protection or Strict Use - 5 categories of UC’s: Ex:Biological reserves and National Parks Group of sustainable use - 7 Categories: Ex: APA and Extractive Reserves Group of sustainable use - 7 Categories: Ex: APA and Extractive Reserves National System of Conservation Unities in Brazil- SNUC

n Some categories only can be established in public lands. If in the area there are private lands these must be expropriated. n The creation of a UC must be made by the government, after consultation of the public and participation of the local communities. Except Biological Reserves and Ecological Stations. National System of Conservation Unities in Brazil - SNUC

The UC’s must have a Support Zone. Except APA’s and RPPN’s UC’s that form a network must be administered in an integrated and participatory manner. National System of Conservation Unities in Brazil- SNUC

MANAGEMENT OF THE UC’s The UC’s must have a management plan. The management plan must include the area of the UC, it’s support zone and ecological corridors, including also strategies to promote it’s integration into the economic and social life of the neighboring communities. National System of Conservation Unities in Brazil- SNUC

The UC’s can be managed by the government and/or public interest NGO’s. The UC’s must have a consulting or deliberative board. Depending on the category.

National System of Conservation Unities in Brazil- SNUC THANK YOU!!