10.2.2 Managing and Conserving Brazilian Living Resources
The occurrence of living organisms on the Brazilian continental shelf is confirmed
by scientific charts depicting the marine biological composition of that zone.
84 In
fact, the economic potential and relevance of sedentary species for the country was at
the core of the so-called “Lobster War” against France in 1963, due to French vessels
capturing lobsters and other crustaceans of the Brazilian continental shelf.
85 In
addition to traditional sedentary fisheries, one ought also to bear in mind the still
unknown potential of the genetic resources of some of the species inhabiting the
depths of the Brazilian continental margin. Surveys indicate an important presence
of sponges in certain areas of the outer limits of our continental shelf, whose
chemical and pharmacological properties are not yet well known.
86
The status of deep-sea fisheries in Brazilian waters was worrisome in 2006, when
fishing for shrimps was denounced as threatening deep marine ecosystems and
corals. Researchers of the Center for Marine Biology, University of São Paulo,
have found that “deep-sea trawling off the Brazilian coast – more than 200 meters
deep – has been growing since late 1990s”.
87 The destruction of corals and other
deep-sea organisms by heavy gear nets has been verified by researchers in loco.
Unfortunately, no new data or statistics could be found online in order to support this
research, although the problem seems to persist, as the online profile of Oceana
Brasil, on Facebook, denounced the continuity of such predatory practices as late as
2016.
88
In 2009, the National Fisheries Act, no. 11.959/09, was enacted to tackle
unsustainable fishing off the Brazilian coast. In fact, national regulation of those
living organisms inhabiting the continental shelf was left to that Act, which is
supplemented by a group of policies and plans of action. The Fisheries Act delineates the National Policy for the Sustainable Development of Aquaculture and
Fisheries, thus regulating fishing activities in areas within Brazilian jurisdiction.
Here, “fisheries” are considered aquatic animals and plants which can be researched
or exploited on an amateur, scientific or commercial basis, a definition which
encompasses the sedentary species defined in Art. 77 (4) UNCLOS. Regarding the
ratione loci application of the National Fisheries Act, Art. 2 (X) includes the
continental shelf in the list of “fishing activity areas”, in line with international
commitments assumed by Brazil. When defining the continental shelf, the Act
84 See IBGE, Atlas Mar, Atlas of the Marine Life.
85 See generally Azzam (1964).
86 As of 2006, a total of 37 species of sponges had been identified on the Brazilian Northern Cone,
off the Amazon River Basin, five of which were considered endemic at the time. For more, see
Mothes et al. (2006), p. 675.
87 Geraque (2006) online.
88 Oceana Brasil, Porque a Pesca de Arrasto do Camarão é um Grande Problema? Facebook Page,
available online at: https://www.facebook.com/oceanabrasil/photos/porque-a-pesca-de-arrasto/
944183009023364/.
10.2 How Far Has Brazil Gone?
327
The occurrence of living organisms on the Brazilian continental shelf is confirmed
by scientific charts depicting the marine biological composition of that zone.
84 In
fact, the economic potential and relevance of sedentary species for the country was at
the core of the so-called “Lobster War” against France in 1963, due to French vessels
capturing lobsters and other crustaceans of the Brazilian continental shelf.
85 In
addition to traditional sedentary fisheries, one ought also to bear in mind the still
unknown potential of the genetic resources of some of the species inhabiting the
depths of the Brazilian continental margin. Surveys indicate an important presence
of sponges in certain areas of the outer limits of our continental shelf, whose
chemical and pharmacological properties are not yet well known.
86
The status of deep-sea fisheries in Brazilian waters was worrisome in 2006, when
fishing for shrimps was denounced as threatening deep marine ecosystems and
corals. Researchers of the Center for Marine Biology, University of São Paulo,
have found that “deep-sea trawling off the Brazilian coast – more than 200 meters
deep – has been growing since late 1990s”.
87 The destruction of corals and other
deep-sea organisms by heavy gear nets has been verified by researchers in loco.
Unfortunately, no new data or statistics could be found online in order to support this
research, although the problem seems to persist, as the online profile of Oceana
Brasil, on Facebook, denounced the continuity of such predatory practices as late as
2016.
88
In 2009, the National Fisheries Act, no. 11.959/09, was enacted to tackle
unsustainable fishing off the Brazilian coast. In fact, national regulation of those
living organisms inhabiting the continental shelf was left to that Act, which is
supplemented by a group of policies and plans of action. The Fisheries Act delineates the National Policy for the Sustainable Development of Aquaculture and
Fisheries, thus regulating fishing activities in areas within Brazilian jurisdiction.
Here, “fisheries” are considered aquatic animals and plants which can be researched
or exploited on an amateur, scientific or commercial basis, a definition which
encompasses the sedentary species defined in Art. 77 (4) UNCLOS. Regarding the
ratione loci application of the National Fisheries Act, Art. 2 (X) includes the
continental shelf in the list of “fishing activity areas”, in line with international
commitments assumed by Brazil. When defining the continental shelf, the Act
84 See IBGE, Atlas Mar, Atlas of the Marine Life.
85 See generally Azzam (1964).
86 As of 2006, a total of 37 species of sponges had been identified on the Brazilian Northern Cone,
off the Amazon River Basin, five of which were considered endemic at the time. For more, see
Mothes et al. (2006), p. 675.
87 Geraque (2006) online.
88 Oceana Brasil, Porque a Pesca de Arrasto do Camarão é um Grande Problema? Facebook Page,
available online at: https://www.facebook.com/oceanabrasil/photos/porque-a-pesca-de-arrasto/
944183009023364/.
10.2 How Far Has Brazil Gone?
327