**5. Public policies and the sustainability of artisanal fisheries**

### **5.1. Public policies directed at artisanal fishing in Brazil**

Historically, Brazilian public fishery policies were designed with no consideration for tradi‐ tional communities and were based on the modernization of the exploitation of natural resources [72], with a position clearly in favor industrial fishing activities and large enterprises based on the dualism of the old *versus* the new, with small-scale fishermen considered reactionary, uncultured, predatory and incapable of assimilating new technological standards [73]. In the minds of the proponents of modernity, the tradition of professional artisanal fishing as work and a way of life no longer performs any efficient role in human development and is even seen as the cause of different forms of environmental degradation due to the fact that it is an activity the uses natural resources. Such an equivocal argument could be clarified if these proponents of modernity accompanied fishery routines [74].

In Brazil, fishery policies after World War II followed a worldwide tendency of growth based on industrialization that dominated the 1950s and 60s. The Superintendence of Fishery Development [Superintendência do Desenvolvimento da Pesca (SUDEPE)] was created in October 1962 for the regulation of fisheries and fishing resources. During the time when fisheries were regulated by SUDEPE, the priority was the modernization and industrialization of fishing activities and catches went from 300,000 tons in the 1960s to 900,000 tons between 1970 and 1980 [75]. However, this massive incentive for industrial fishing practices led to the decline of stocks and the failure of businesses linked to the fishery sector [75].

[70], where an important fishing community is being negatively affected by the new develop‐

Even with the social changes occurring in fishing communities in recent decades due to the expansion of urbanization, tourism and real estate speculation, artisanal fishermen constitute social subjects that have a form of spatiotemporal ordination that is dissonant with the urbanindustrial context and have a heritage stemming from their centuries-long interaction with nature, which modernity cannot disregard [62]. Through material and immaterial cultural manifestations of fisheries, the activity may still last, as many individuals, especially tourists, enthusiasts of nautical trips and amateur fishers may pay to experience the work and way of life of traditional fishermen. Moreover, the traditional community in the urban setting may also be considered an obligatory part of social reports for environmental licenses granted to

The environmental impact report (denominated RIMA) by Brazilian environmental agencies for enterprises of the Marine Waterfront Recovery Project in the cities of Jaboatão dos Guar‐ arapes, Recife, Olinda and Paulista (state of Pernambuco) is an example of the participation of urban fishing communities in reports for environmental licenses. This report involved the participation of 50 leaders who answered questionnaires and 203 fishermen who participated in meetings and workshops to report on the impact of enterprises [71]. The fishermen were only considered in the final phase of the project, but should have been consulted during its design, as the numerous negative impacts are generally not mitigatable for artisanal fisheries.

The meaning of the surrounding environment is fundamental to artisanal fisheries, as fishermen maintain interactions with natural resources and their territory, even if the activity is threatened by different forms of pressure as well as environmental and social changes. Thus, understanding sustainability in this situation requires a new look at social practices, in which fishers should have greater participation, as these men and women struggle to maintain their

Historically, Brazilian public fishery policies were designed with no consideration for tradi‐ tional communities and were based on the modernization of the exploitation of natural resources [72], with a position clearly in favor industrial fishing activities and large enterprises based on the dualism of the old *versus* the new, with small-scale fishermen considered reactionary, uncultured, predatory and incapable of assimilating new technological standards [73]. In the minds of the proponents of modernity, the tradition of professional artisanal fishing as work and a way of life no longer performs any efficient role in human development and is even seen as the cause of different forms of environmental degradation due to the fact that it is an activity the uses natural resources. Such an equivocal argument could be clarified if these

**5. Public policies and the sustainability of artisanal fisheries**

large enterprises [57], especially those that affect fishing territories.

identities, ways of life, territories and social visibility.

**5.1. Public policies directed at artisanal fishing in Brazil**

proponents of modernity accompanied fishery routines [74].

mentalism.

100 Sustainable Urbanization

With the failure of the adopted public policy, SUDEPE was extinguished in 1989, passing the control of fisheries and fishing resources to the Brazilian Institute of the Environment and Renewable Resources [Instituto Brasileiro do Meio Ambiente e dos Recursos Renováveis (IBAMA)]. In 1998, the Fishery and Aquiculture Department was created (Decree n° 2.681 of June 21st), linked to the Ministry of Agriculture and Water Supply, and, together with IBAMA, served as the regulating agency of fishery activities.

To optimize the regulation of fishery operations, the Special Secretary of Aquiculture and Fisheries was formed by the Federal Presidency through Provisory Measure n° 103 (January 1st, 2003) and later became the Ministry of Fisheries and Aquiculture (MPA) through Law n° 11.958 (June 26th, 2009) issued symbolically on June 29th, 2009, which is Fishers' Day in Brazil [76]. The aim of the MPA was to "foster and develop policies directed at the fishery sector in conjunction with its aspirations. […] founded in the marks of a new management policy, maintaining a commitment with environmental sustainability regarding the use of fishery resources" [76].

Due to the increase in domestic and industrial pollution, real estate speculation and the few possibilities of a significant increase in fishery production, except for marine fisheries, the Brazilian government proposed a credit policy for the fishery sector in 2003 to encourage the conversion of artisanal fishing to aquiculture, arguing that this would be an alternative for fishermen due to the overexploitation of wild fishes [74]. However, there was no participation on the part of artisanal fishermen in the stock evaluation process and no consideration of regarding their traditional knowledge. Thus, wishing to modernize the fishery sector, the Brazilian government ended up promoting the breakdown of fishing community traditions [74], mainly by not adopting a participative management plan that considered traditional knowledge accumulated and passed down from generation to generation.

During the existence of the SEAP and MPA, fishery management made some advances in public policies directed at the profession, with the revising or implantation of laws to ensure benefits and rights for fishers, such as (1) economic subsidies for diesel oil used for fishing vessels (Law n° 9445, March 14th, 1997) [77]; (2) the General Fishery Register related to licenses, permission and authorization granted for fisheries and aquiculture (Law n° 10683, May 28th, 2003; Normative Instruction n° 6, May 19th, 2011) [78–79]; (3) unemployment insurance during the fishery defense period (Law n° 10.779, November 25th 2003) [80]; (4) rural credit for family enterprises among small-scale farmers and artisanal fishers (Law n° 11326, July 24th, 2006) [81] through the National Family Agriculture Strengthening Program; (5) the recognition of fishery colonies as well as state and national fishers' federations as agencies of the class of laborers of artisanal fisheries (Law n° 11699, June 13th, 2009) [82]; and (6) the New Fishery Law (Law n° 11959, June 29th, 2009) [20], which lays down the National Aquiculture and Fishery Sustainable Development Policy. Besides these policies, social programs of the government, such as the Family Grant, have assisted in improving the living conditions of a portion of fishermen [83]. However, during fishery management by the SEAP and MPA, many aspirations of fishermen were not considered, as artisanal fishermen are often impeded from using government benefits due to not meeting the required criteria or for not being part of the official Brazilian statistics regarding fisheries. As a result of current political affairs in Brazil, the MPA was extinguished on October 2nd, 2015 (Provisory Measure n° 696/2015) [84], when fisheries and aquiculture began to be regulated by a secretary linked to the Ministry of Agriculture, Livestock and Water Supply. The discontinuity of the MPA has generated uncertainties regarding the new direction of fisheries.

#### **5.2. Sustainability of artisanal fisheries**

Artisanal fisheries account for more than 90% of fishing jobs and the catches of this modality represent more than half of fishing catches throughout the world [85]. A worldwide decline in fish stocks [86–88]) as a result of unsustainable practices and an increase in fishing efforts [89–90] have been well documented in recent decades. Moreover, the global marine fisheries catches reported by FAO are underreported, being captured 30% more than is declared, with a peak catch of 130 million tons in 1996 and has been declining more strongly since [91].

In Brazil, artisanal fishing also faces a general lack of biological, socioeconomic, technological and organizational information, resulting from the dispersion and complexity of the activity. The difficulty is even greater when considering the variety of multispecies gear and the diversity of the resources captured. The insufficient information is evidenced by the lack of political attention directed at the profession, which is often a reflection of the conventional approach with a focus on biological aspects and no consideration given to the economic and institutional aspects of fishing communities, which contributes the invisibility of artisanal fisheries with regard to public policies [18] as well as the lack of sustainability of this modality.

Considering the worldwide decline in catches, efforts have been made to implement global actions directed at the sustainability of fisheries based on (1) the Code of Conduct for Respon‐ sible Fisheries [92] established in 1995 by the Food and Agriculture Organization (FAO) of the United Nations aimed at the ecological and social sustainability of fisheries; (2) the principles of the ecosystem approach to fisheries [93] aimed at planning, developing and generating fisheries to meet the different needs and desires of societies, benefiting from the complete variety of goods and services provided by marine ecosystems; and (3) the RAPFISH method, which is a multidisciplinary rapid appraisal technique for evaluating the comparative sustainability of fisheries [94–95]. In Brazil, the RAPFISH method has been used in eight states from north to south. When fisheries were compared jointly, sustainability indicators did not reveal any clear patterns, demonstrating that similar approaches will be needed in the future to assist fisheries in Brazil [96], and RAPFISH is a method that undergoes a constant improve‐ ment process.

artisanal fisheries (Law n° 11699, June 13th, 2009) [82]; and (6) the New Fishery Law (Law n° 11959, June 29th, 2009) [20], which lays down the National Aquiculture and Fishery Sustainable Development Policy. Besides these policies, social programs of the government, such as the Family Grant, have assisted in improving the living conditions of a portion of fishermen [83]. However, during fishery management by the SEAP and MPA, many aspirations of fishermen were not considered, as artisanal fishermen are often impeded from using government benefits due to not meeting the required criteria or for not being part of the official Brazilian statistics regarding fisheries. As a result of current political affairs in Brazil, the MPA was extinguished on October 2nd, 2015 (Provisory Measure n° 696/2015) [84], when fisheries and aquiculture began to be regulated by a secretary linked to the Ministry of Agriculture, Livestock and Water Supply. The discontinuity of the MPA has generated uncertainties regarding the new direction

Artisanal fisheries account for more than 90% of fishing jobs and the catches of this modality represent more than half of fishing catches throughout the world [85]. A worldwide decline in fish stocks [86–88]) as a result of unsustainable practices and an increase in fishing efforts [89–90] have been well documented in recent decades. Moreover, the global marine fisheries catches reported by FAO are underreported, being captured 30% more than is declared, with a peak catch of 130 million tons in 1996 and has been declining more strongly since [91].

In Brazil, artisanal fishing also faces a general lack of biological, socioeconomic, technological and organizational information, resulting from the dispersion and complexity of the activity. The difficulty is even greater when considering the variety of multispecies gear and the diversity of the resources captured. The insufficient information is evidenced by the lack of political attention directed at the profession, which is often a reflection of the conventional approach with a focus on biological aspects and no consideration given to the economic and institutional aspects of fishing communities, which contributes the invisibility of artisanal fisheries with regard to public policies [18] as well as the lack of sustainability of this modality.

Considering the worldwide decline in catches, efforts have been made to implement global actions directed at the sustainability of fisheries based on (1) the Code of Conduct for Respon‐ sible Fisheries [92] established in 1995 by the Food and Agriculture Organization (FAO) of the United Nations aimed at the ecological and social sustainability of fisheries; (2) the principles of the ecosystem approach to fisheries [93] aimed at planning, developing and generating fisheries to meet the different needs and desires of societies, benefiting from the complete variety of goods and services provided by marine ecosystems; and (3) the RAPFISH method, which is a multidisciplinary rapid appraisal technique for evaluating the comparative sustainability of fisheries [94–95]. In Brazil, the RAPFISH method has been used in eight states from north to south. When fisheries were compared jointly, sustainability indicators did not reveal any clear patterns, demonstrating that similar approaches will be needed in the future to assist fisheries in Brazil [96], and RAPFISH is a method that undergoes a constant improve‐

of fisheries.

102 Sustainable Urbanization

ment process.

**5.2. Sustainability of artisanal fisheries**

Other global actions with an impact on sustainable fishing are (1) labeling and certifications for sustainable fishing products, such as the eco-labeling guidelines for fish and fishery products from marine fisheries designed by FAO [97] to certify and promote labels for products from well-managed marine fisheries and focus on issues related to the sustainable use of fishery resources; (2) the certificate from the International Social and Environmental Accred‐ itation and Labelling Alliance (ISEAL Alliance), founded in 2002, which is an association of leaders of international organizations that establishes standards for social and environmental issues and certifies products, including fish catches, that comply with the ISEAL good practices code [98], involving open, transparent, participative processes with a proven standard of credibility and measures to ensure that even the most marginalized interested parties have something to say about the development of standards; and (3) the certification of the Marine Stewardship Council (MSC), which is an international non-profit organization aimed at contributing to the health of oceans that certifies fishery based on sustainable practices [99]; the MSC is a pioneering agency that maintains dialogs with all fishery sectors as well as a broad spectrum of stakeholders [100]. Sustainable fishing is the aim of such labeling and the MSC certification has had a positive impact on the environment, but has marginalized fisheries, especially those in low-income countries, as the council focuses on the sustainability of fish stocks and not fisheries [101].

Besides these important guidelines, fishery management must also consider the actions of the United Nations Millennium Development Goals, the aims of which are the eradication of poverty on the global scale, problems such as bycatch, habitat loss, species introductions and invasive species as well as the globalization of the fishery market [102]. Regardless of global guidelines, each nation adopts its own public policies and presents specific regulations based on its particular situation. In Brazil, the bases of fishery sustainability are founded on the National Policy for the Sustainable Development of Fishery Activities (Law no. 11959/2009) [20]. To achieve a balance between the principle of the sustainability of fishery resources and the obtainment of both economic and social results, this policy establishes access regimens, total permissible catches, sustainable fishing efforts, defense periods, fishing seasons, catch sizes, protected areas, reserves, gear, methods, fishery systems, aquiculture systems, the support capacity of the environment, fishery monitoring/control and the protection of fishes in the process of reproduction or the re-composition of stocks. Section 1 of this law declares that fishery management should consider the peculiarities and needs of artisanal fishermen, subsistence activities and family farming to ensure the continuity of these aspects and practices. In 1995, the Code of Conduct for Responsible Fisheries [92] officially recognized the need to consider the traditional knowledge of artisanal fishermen regarding fishery resources.

With the growing crisis in recent years [86, 103] and the limited capacity to predict complex systems, such as the marine ecosystem, together with the fact that fishery management should be conducted in a broad-scoped, integrated fashion to maintain the productive capacity and resilience of linked social/ecological systems [102, 104], there has been a recent increase in information, indicating the importance of including traditional knowledge in fishery man‐ agement. However, despite the fact that the importance of such knowledge is frequently expressed, it has not been observed in practice in Brazil, as demonstrated in a recent study through the reports of artisanal fishermen in the communities of Baldo do Rio and Carne de Vaca (state of Pernambuco), who state that political actions are distant from their interests [105]. Urban artisanal fishermen, in the state of Pernambuco, are also affected by the lack of attention given by institutions linked to fisheries [106].

The implantation of marine protected areas and marine extractive reserves is recognized as an important tool for fishery sustainability. The aim of such areas is to achieve the conservation and sustainability of fisheries, thereby contributing to biodiversity and habitat conservation as well as other ecological/social benefits beyond the boundaries of these areas [107]. In Brazil, such areas are considered a community-based, site-specific, multi-use, land and sea resource management approach based on claims of culturally distinct groups with longstanding livelihood ties to 'artisan-scale' production territories [108]. Thus, it is essential to consider social issues and long-term benefits for the effective management of these areas [109]. Studies conducted in Brazil indicate that such protected areas have been established without consult‐ ing artisanal fishermen and that fishery management plans are designed by scientists without incorporating the traditional knowledge of fishermen, thereby increasing social marginaliza‐ tion and the loss of cultural identity, whereas management involving fishermen is crucial to the success of the project [109]. Therefore, the success of this tool in Brazil remains dependent on managers willing to include all stakeholders in the implementation of protected areas.

Sustainable fishing remains a goal to be reached that should involve inclusive governance, encompassing the complexity of the ecosystem and its natural uncertainties, such as climate change, the dynamics of the market in the light of growing globalization and all stakeholders involved in fisheries, with particular inclusion of the protagonists of this activity – artisanal fishers.
