Levantamento sobre legislação pesqueira e aquícola referente ao litoral e estuário do estado do Pará - subsídios às comunidades pesqueiras.

Abstract

Individuals and legal entities that practice fishing and aquaculture activities, or that are directly or indirectly in contact with fishing on a daily basis, need a legislative and doctrinal conceptualization to be made by Law, guided by the principles of sustainability, shared management, citizenship, and equity, incorporating and integrating the social and environmental dimensions. Using this survey as an instrument, which consists of a repertory of the legislation in effect at the national and state levels, inherent to the fishing sector of the State of Pará, we seek to contribute to the understanding of fishing regulations by fishermen and class associations that work with fishing populations on the coast and estuary, as well as by political decision-makers for the artisanal fishing sector. The legislation collected from the organs responsible for regulation + which are presumed to have legitimacy to regulate due to their complex administrative structure for this competence + was carried out in the three distinct public institutions: IBAMA, SECTAM/Pa and the Special Secretary of Aquiculture and Fisheries of the Presidency of the Republic - SEAP/Pr. Other organs were also visited such as the State Public Ministry, CEPNOR, Legislative Assembly, MONAPE, ADA, SAGRI, and others that are in some way related to fisheries, and have this subject in their bibliographic collections. The bibliographic references in Ferreira (1792), Goeldi (1900), Furtado (1993,2002) and Leitão (1995, 1997) point to the diversity of fishing areas, considering the Amazon as an area "vocationed" for fishing. Some concepts were consolidated during this research period, due to receive fundamental differentiations as to their qualifications. We are referring to the concepts "Fishing Activity" and "Aquaculture Activity" disposed in the state ordinary law n06713 of January 25, 2005, art. 2, items 11 and 111, now studied separately. We also noticed that the legislation studied has received legal regulatory landmarks, such as State Law n0017/94 that prohibits trawling in the rivers, lakes, and estuary of the Amazon River beyond 10 nautical miles, law n° 6713/05 that establishes the fishing and aquaculture policy of Pará, law n° 9605/98, the Environmental Crimes Law. These are laws that are already in force creating new perspectives and changes highlighting that the Right to the environment is a fundamental right (art. 225, CF), and so that we can reach a consensual way to manage the extraordinary potential of the waters, to be transformed into new job openings and business opportunities and good living conditions, we must first of all promote legislation that brings improvements, without excesses, because more imprisonment will not mean that we will have less crime.