Assessing the Brazilian federal fisheries law and policy in light of the Voluntary Guidelines for Securing Sustainable Small-scale Fisheries

Nakamura, Julia and Hazin, Fábio (2020) Assessing the Brazilian federal fisheries law and policy in light of the Voluntary Guidelines for Securing Sustainable Small-scale Fisheries. Marine Policy, 113. 103798. ISSN 0308-597X (https://doi.org/10.1016/j.marpol.2019.103798)

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Abstract

The Voluntary Guidelines for Securing Sustainable Small-scale Fisheries (SSF Guidelines) endorsed in June 2014 by the member States of the Food and Agriculture Organization of the United Nations (FAO) was a landmark for the recognition, promotion and protection of the subsistence and artisanal small-scale fisheries (SSF) sector in the world. This instrument is part of contemporary International Fisheries Law, integrating management and development of fisheries with a range of other relevant matters such as human rights, gender and climate change, following a human rights-based approach (HRBA) and taking into account the ecosystem approach to fisheries (EAF). In this context and with a view to contribute to the realization of the Sustainable Development Goals (SDGs), this article provides an analysis of the SSF Guidelines and informs on how its’ implementation can be supported by the Brazilian Federal Law No. 11,959/2009, which provides for the National Policy for the Sustainable Development of Aquaculture and Fisheries in Brazil. It is seen that certain issues of the SSF Guidelines are better addressed in other federal legal instruments, which should be read, interpreted and applied in combination with that legislation. This analysis aimed at assisting legal practitioners and policy-makers in the implementation of the SSF Guidelines in Brazil.