O Marco regulatório da aquicultura e sua influência sobre o desenvolvimento da atividade no Estado do Pará

Abstract

The state of Pará has natural conditions favorable to the development of aquaculture, but its current production does not even meet the demand of the domestic market, since fish, crustaceans and molluscs from other federative units are still widely consumed. The regulatory framework of the activity is pointed out by experts as one of the main responsible for this context, which also has the vast majority of aquaculture enterprises operating irregularly. The objective of this study was to analyze the influence of legislation on the performance of aquaculture in the territory of Pará. For this, a historical survey of the federal and state regulatory framework of the activity was carried out, evidencing its temporal evolution and aspects in which the second can adopt more restrictive criteria than the first. Regarding the municipalities of Pará, their legal norms were consulted in order to identify possible distinctions in relation to the state regulatory framework and to assess the adequacy of the legal hierarchy between the norms and the administrative spheres. Finally, possibilities for changes in state legislation capable of promoting investment attraction for this production chain were presented. It was found that the legislation of the state of Pará is more restrictive than the federal legislation with regard to the cultivation of exotic species. The states that make up the Legal Amazon differ on the criteria for the cultivation of species, even making up the same hydrographic basins, which compromises the effectiveness of the environmental management of exotic species in the state of Pará. There is legal uncertainty in fish farming and shrimp farming of exotic species in the state of Pará regarding the differences existing in the legislation and in the case of oyster farming due to the legal inadequacy of the reality of the local producer. The municipalities of Paragominas and Mãe do Rio legislate on exotic species, Mãe do Rio exceeds the competence of the municipality when it comes to the granting of water resources. The existing legal differences regarding the size and classification of aquaculture directly affect the environmental licensing of the activity in the state of Pará.