Rio Grande do Sul may continue to prohibit trawl fishing on the state’s coast, including the 12 nautical miles of the maritime strip. This was the decision of the Federal Supreme Court (STF), which closed this Friday (6/30) the judgment of a Direct Action of Unconstitutionality (ADI) against the state law (15.223/2018) that prohibits this type of predatory fishing .
The majority of ministers (9 to 1) accepted the arguments of the State Attorney General’s Office (PGE), which defended the State’s competence to legislate on fishing and environmental protection and the validity of the Rio Grande do Sul norm, which aims at the sustainable development of the fishing activity in RS. Only the ADI rapporteur, Minister Nunes Marques, voted for the unconstitutionality of the law.
The ADI was filed in 2019 by a political party, which claimed that the state law would have invaded the competence of the National Congress to legislate for the good of the Union. The preliminary injunction was denied by the then rapporteur, Minister Celso de Mello, but was later granted by Minister Nunes Marques, in December 2020.
In January 2021, the Aquaculture and Fisheries Secretariat of the Ministry of Agriculture, Livestock and Supply (SAP/Mapa) interrupted the authorization for trawling, which was resumed in March 2022, with the publication of new ordinances by the agency. The PGE managed to suspend the practice again by means of an injunction in the Federal Court, in April 2022, a decision that was maintained by the Federal Regional Court of the 4th Region.
Now, with the judgment of the ADI in the STF, State Law nº 15.223/2018 is again fully effective, prohibiting trawling in the territory of Rio Grande do Sul. The state attorney general, Eduardo Cunha da Costa, celebrated the “broad victory” in the Supreme Court. “The PGE has followed the action since its filing, with several manifestations in the records, audiences with ministers and oral support. Today, we ended with this result favorable to the State and the environment”, he said.
Environmental impacts of trawl fishing
Trawl fishing is a practice that consists of dragging a large, heavy net along the bottom of the sea or through the water column, capturing everything in its path. This fishing modality has several negative impacts on the Brazilian coastline and in the world, such as:
Discard non-target species:
Trawling captures many animals that are not of commercial interest, such as turtles, dolphins, sharks, rays, juvenile fish and invertebrates. These animals are thrown back into the sea, often dead or injured, causing waste and ecological imbalance. It is estimated that trawling is responsible for about 4.2 million tons of discards annually in the world.
Habitat destruction:
Trawling damages or eliminates habitats that are home to many marine species such as corals, sponges, algae and sandbars. These habitats are essential for animal reproduction, food and protection, as well as providing ecosystem services such as climate regulation, carbon sequestration and nutrient recycling. Habitat loss reduces biodiversity and fisheries productivity, and may lead to the desertification of the sea floor.
Overfishing and depletion of stocks:
Trawling is an intensive and indiscriminate activity, which can capture more fish than the natural replacement capacity of populations. This causes a decrease in the size and abundance of fish, changes the structure of ecological communities and compromises food security and fishermen’s income. In Brazil, around 80% of fish stocks in the Southeast and South are in a critical situation or overexploited.
Therefore, trawling is an unsustainable and harmful practice for the oceans, which requires urgent measures of order and control. Some possible alternatives are the closure of trawling areas, the use of selective technologies, the establishment of quotas and capture limits, the monitoring of vessels and the encouragement of artisanal and responsible fishing.
Rio Grande do Sul may continue to prohibit trawl fishing on the state’s coast, including the 12 nautical miles of the maritime strip. This was the decision of the Federal Supreme Court (STF), which closed this Friday (6/30) the judgment of a Direct Action of Unconstitutionality (ADI) against the state law (15.223/2018) that prohibits this type of predatory fishing .
The majority of ministers (9 to 1) accepted the arguments of the State Attorney General’s Office (PGE), which defended the State’s competence to legislate on fishing and environmental protection and the validity of the Rio Grande do Sul norm, which aims at the sustainable development of the fishing activity in RS. Only the ADI rapporteur, Minister Nunes Marques, voted for the unconstitutionality of the law.
The ADI was filed in 2019 by a political party, which claimed that the state law would have invaded the competence of the National Congress to legislate for the good of the Union. The preliminary injunction was denied by the then rapporteur, Minister Celso de Mello, but was later granted by Minister Nunes Marques, in December 2020.
In January 2021, the Aquaculture and Fisheries Secretariat of the Ministry of Agriculture, Livestock and Supply (SAP/Mapa) interrupted the authorization for trawling, which was resumed in March 2022, with the publication of new ordinances by the agency. The PGE managed to suspend the practice again by means of an injunction in the Federal Court, in April 2022, a decision that was maintained by the Federal Regional Court of the 4th Region.
Now, with the judgment of the ADI in the STF, State Law nº 15.223/2018 is again fully effective, prohibiting trawling in the territory of Rio Grande do Sul. The state attorney general, Eduardo Cunha da Costa, celebrated the “broad victory” in the Supreme Court. “The PGE has followed the action since its filing, with several manifestations in the records, audiences with ministers and oral support. Today, we ended with this result favorable to the State and the environment”, he said.
Environmental impacts of trawl fishing
Trawl fishing is a practice that consists of dragging a large, heavy net along the bottom of the sea or through the water column, capturing everything in its path. This fishing modality has several negative impacts on the Brazilian coastline and in the world, such as:
Discard non-target species:
Trawling captures many animals that are not of commercial interest, such as turtles, dolphins, sharks, rays, juvenile fish and invertebrates. These animals are thrown back into the sea, often dead or injured, causing waste and ecological imbalance. It is estimated that trawling is responsible for about 4.2 million tons of discards annually in the world.
Habitat destruction:
Trawling damages or eliminates habitats that are home to many marine species such as corals, sponges, algae and sandbars. These habitats are essential for animal reproduction, food and protection, as well as providing ecosystem services such as climate regulation, carbon sequestration and nutrient recycling. Habitat loss reduces biodiversity and fisheries productivity, and may lead to the desertification of the sea floor.
Overfishing and depletion of stocks:
Trawling is an intensive and indiscriminate activity, which can capture more fish than the natural replacement capacity of populations. This causes a decrease in the size and abundance of fish, changes the structure of ecological communities and compromises food security and fishermen’s income. In Brazil, around 80% of fish stocks in the Southeast and South are in a critical situation or overexploited.
Therefore, trawling is an unsustainable and harmful practice for the oceans, which requires urgent measures of order and control. Some possible alternatives are the closure of trawling areas, the use of selective technologies, the establishment of quotas and capture limits, the monitoring of vessels and the encouragement of artisanal and responsible fishing.
