copies Art. 76 (1) UNCLOS, without mentioning the outer shelf nor the possibility
of extended jurisdiction beyond 200 nm from the baselines.
Overall, the Fisheries Act envisages ample legislative and enforcement jurisdiction to Brazilian authorities with respect to fisheries in areas within national jurisdiction. For instance, Art. 5 (I) of the Act stipulates that the exercise of fishing
activities shall only be carried out after the issuing of a permission by the competent
authority, so as to ensure “the protection of ecosystems and the maintenance of
ecological balance, observing the principles of preservation of biodiversity and the
sustainable use of natural resources”.
89 The Statute’s wording clearly indicates
Brazilian legislative and enforcement rights over fishing activities taking place on
the continental shelf—an enforcement which aims at protecting ecosystems and
preserving biodiversity. It is, in other words, a practical implementation of the
right-duty to manage marine resources of the continental shelf, claimed elsewhere
in this work.
In addition to that, and reinforcing the broad scope of coastal states’ sovereign
rights over fisheries within national jurisdiction, the Act determines that fishing
activities may be prohibited, periodically or permanently, for the protection of
(i) threatened species, areas or ecosystems; or (ii) for the reproductive process of
species and other processes vital to the maintenance and recovery of fish stocks,
among other purposes.
90 Finally, all fishing activities which employ prohibited or
predatory equipment, techniques and methods are automatically prohibited, a rule
that suggests legal ground for the domestic prohibition of bottom-trawling in the
Brazilian Blue Amazon.
91
Monitoring and control of fishing activities, i.e. enforcement measures, are
considered important instruments for the sustainable management of Brazilian
marine living resources, pursuant to Art. 7 (IX) of the National Fisheries Act, another
demonstration of Brazilian jurisdictional assertion over all kinds of fishing activities
within national jurisdiction. In general terms, environmental enforcement jurisdiction is a common competence in Brazil, i.e. shared between the federative entities—
Union, States and Municipalities—given the significance of environmental goods.
92
At the federal level, enforcement powers are shared by the Navy, IBAMA and
ICMBio, in federal marine protected areas, to monitor and enforce the Act in
Brazilian maritime spaces.
Monitoring of fishing activities encompasses the different stages of fishing,
cultivating, landing, conserving, transporting, processing, storing and commercializing the catches, as well as the environmental monitoring of marine ecosystems.
93
89 Brazilian National Fisheries Act, Art. 5 (I), on the exercise of fishing activities.
90 Fisheries Act, Article 6 (I) and (II).
91 Id. Article 6 (VI) (d).
92 Art. 23 (III) (IV) (VI) (VII) (IX) and (XI), Brazilian Federal Constitution, on the common
competence of the Union, States, Federal District and Municipalities to, among others, protect the
environment, control pollution, and preserve the national fauna and flora.
93 Fisheries Act, Art. 31.
328
10 Brazilian Legal Framework Applicable to the Blue Amazon’s...
of extended jurisdiction beyond 200 nm from the baselines.
Overall, the Fisheries Act envisages ample legislative and enforcement jurisdiction to Brazilian authorities with respect to fisheries in areas within national jurisdiction. For instance, Art. 5 (I) of the Act stipulates that the exercise of fishing
activities shall only be carried out after the issuing of a permission by the competent
authority, so as to ensure “the protection of ecosystems and the maintenance of
ecological balance, observing the principles of preservation of biodiversity and the
sustainable use of natural resources”.
89 The Statute’s wording clearly indicates
Brazilian legislative and enforcement rights over fishing activities taking place on
the continental shelf—an enforcement which aims at protecting ecosystems and
preserving biodiversity. It is, in other words, a practical implementation of the
right-duty to manage marine resources of the continental shelf, claimed elsewhere
in this work.
In addition to that, and reinforcing the broad scope of coastal states’ sovereign
rights over fisheries within national jurisdiction, the Act determines that fishing
activities may be prohibited, periodically or permanently, for the protection of
(i) threatened species, areas or ecosystems; or (ii) for the reproductive process of
species and other processes vital to the maintenance and recovery of fish stocks,
among other purposes.
90 Finally, all fishing activities which employ prohibited or
predatory equipment, techniques and methods are automatically prohibited, a rule
that suggests legal ground for the domestic prohibition of bottom-trawling in the
Brazilian Blue Amazon.
91
Monitoring and control of fishing activities, i.e. enforcement measures, are
considered important instruments for the sustainable management of Brazilian
marine living resources, pursuant to Art. 7 (IX) of the National Fisheries Act, another
demonstration of Brazilian jurisdictional assertion over all kinds of fishing activities
within national jurisdiction. In general terms, environmental enforcement jurisdiction is a common competence in Brazil, i.e. shared between the federative entities—
Union, States and Municipalities—given the significance of environmental goods.
92
At the federal level, enforcement powers are shared by the Navy, IBAMA and
ICMBio, in federal marine protected areas, to monitor and enforce the Act in
Brazilian maritime spaces.
Monitoring of fishing activities encompasses the different stages of fishing,
cultivating, landing, conserving, transporting, processing, storing and commercializing the catches, as well as the environmental monitoring of marine ecosystems.
93
89 Brazilian National Fisheries Act, Art. 5 (I), on the exercise of fishing activities.
90 Fisheries Act, Article 6 (I) and (II).
91 Id. Article 6 (VI) (d).
92 Art. 23 (III) (IV) (VI) (VII) (IX) and (XI), Brazilian Federal Constitution, on the common
competence of the Union, States, Federal District and Municipalities to, among others, protect the
environment, control pollution, and preserve the national fauna and flora.
93 Fisheries Act, Art. 31.
328
10 Brazilian Legal Framework Applicable to the Blue Amazon’s...