Castro Júnior

 

Fishing boats

On Tuesday (9), the House approved the substitution bill to Bill 687/95, authored by the Senate, which defines objectives for the formulation of the National Policy on Sustainable Development of Aquiculture and Fishing, and establishes rules and prohibitions for that sector. That matter will be sent to presidential sanction.

The bill received unanimous support by both the government’s and the opposition’s parties. For the leader of the government, Henrique Fontana (PT-RS), it promotes fundamental updates so that that sector can keep developing, focusing the broadening to credit access, the recognition of artisanal fishermen, the incentive to industrial fishing and the definition of a framework to regulate “that activity representing a great growth potential for Brazilian economy”. He also mentioned, among its advantages, the recognition of women’s activities, who work in the scope of artisanal fishing, the structuring of a specific sector at Embrapa, for researches on aquiculture and fishing, and the immediate hiring of 50 researchers.

José Carlos Aleluia (DEM-BA) was the only congressman to criticize it. He criticized the creation of the Fishing Ministry, reminding that the original bill, authored by the former Deputy Koyu Iha, did not provide for that. “The federal government will spend much more with white collars working at the Fishing Ministry than with fishermen”, forecast Aleluia.

Credit and regulation
The substitution bill by the Senate classifies fish farmers and fishermen as rural producers, and enables them to access rural credit. Those who develop transformation, processing and industrialization activities of fishing products can use that credit line if they buy raw materials directly from fishermen or from their cooperatives.

The regulation of that national policy will be shared by the Union with the states and the Federal District, but the two latter will regulate the activities in their continental waters. All stages of inspection – from fishing to trade – are up to the federal government, with the participation of states and municipalities.

The right to use waters and government’s land can be granted for the exerting of aquiculture, provided that those activities comply with environmental legislation.

The current General Fishing Register will be transformed in the General Regime for Fishing Activities (RGP). The inscription in that register will still be mandatory for the obtaining of concessions, permits, authorizations and licenses for all acts exerted in the scope of those activities, such as the construction of fishing vessels and the usage of physical spaces in rivers and in the sea.

Priority to domestic vessels
Brazilia fishing vessels will have priority to access ports and domestic fishing terminals, provided that they have an authorization. They can also unload fish in ports keeping agreements with Brazil, and which allow that operation, as required by the regulation of the future law.

According to that text, domestic products are fishing products or their derived products – coming from Brazilian vessels or foreign vessels loaned to a Brazilian company.

The general rule determines that the construction and transformation of Brazilian fishing vessels depend on a previous authorization, as with the import and loan of foreign vessels. The exception can occur for vessels used in artisanal and subsistence fishing.

Industrial fishing
In industrial fishing, the fishing ship-owner, who is responsible for the undertaking, can close a partnership contract with professional fishermen, by means of result shares.

The partners and fishermen can contribute, for their common undertaking, with vessels, equipment, materials and labor, or only with the latter. At the end of each trip, profits or losses should be shared, as provided for in the contract, which should be homologated by the unions of the involved categories.

Upon requirement by the relevant authority, the vessels should offer accommodation and food for Brazilian scientists or researchers who intend to perform collection of data, research material and/or information interesting the fishing industry, or performing environmental monitoring.

Prohibition
Prohibitions, be they definitive or transitory, regarding fishing activities, keep being defined by the Public Power, aiming at protecting: threatened species, areas or ecosystems; the reproduction process of species; public or workers’ health.

The complying with requirements, such as the management of access and usage of fishing resources; the determination of especially protected areas; social participation; labor qualifying; environmental education; and control and inspection, should promote sustainable development.

Transgenic organisms
The Senate’s text also forbids the release, in natural environment, of genetically modified organisms, whose featuring complies with the terms of the legislation regulating them. When raising exotic species, the fish farmer will be responsible for ensuring their contention in captivity, and also preventing them to reach waters from Brazilian draining basins.

Report - Eduardo Piovesan/Luiz Claudio Pinheiro
Editing - Newton Araújo/Rejane Xavier
Translation - Positive Idiomas Ltda