Profile Basic legislation Legal definition Guidelines and codes of conduct International arrangements Planning Authorization system Access to land and water EIA Operation Water and wastewater Fish movement Disease control Drugs Feed Food safety	Miscellaneous References Legislation Related resources Related links

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Basic legislation

Legal definition

The federal Fisheries Code does not give any definition of aquaculture, nor does it include fish farming in the definition of fisheries. However, definitions are often found in secondary legislation. For instance, Decree No.4.895 of 2003 describes aquaculture as the cultivation or breeding of organisms, whose life cycle develops, in natural conditions, totally or partially in an aquatic environment ("aqüicultura: o cultivo ou a criação de organismos cujo ciclo de vida, em condições naturais, ocorre total ou parcialmente em meio aquático"). Similarly, SEAP Normative Instruction No.3 of 2004 regards aquaculture as the cultivation, breeding or holding in captivity, with commercial purposes, of organisms whose life cycle develops, in natural conditions, totally or partially in an aquatic environment ("cultivo, criação ou manutenção em cativeiro, com fins comerciais, de organismos cujo ciclo de vida, em condições naturais, ocorre total ou parcialmente em meio aquático, incluindo a produção de imagos, ovos, larvas, pós-larvas, náuplios, sementes, girinos, alevinos ou mudas de algas marinhas").

Although States' legislation exceeds the scope of the present study, it is worth mentioning that, according to the Saõ Paulo State Fisheries and Aquaculture Code  (Código de Pesca e Aqüicultura do Estado de São Paulo) (2002), aquaculture is the cultivation of hydrobiological organisms having an economic interest and is considered as a farming activity ("aqüicultura é o cultivo de organismos hidróbios de interesse econômico e constitui uma atividade agropecuária"). Further, the same Law more specifically defines aquaculture as the breeding/growing and the reproduction of aquatic animals and plants ("define-se por aqüicultura as atividades de criação e de multiplicação de animais e plantas aquáticas").

Guidelines and codes of conduct

Shrimp aquaculture being the best organized aquaculture sector in Brazil, the Brazilian Shrimp Growers Association  (ABCC - Associação Brasileira de Criadores de Camarão) has prepared four codes of good management practices, concerning shrimp farm management, shrimp feed production, shrimp hatchery, and processing plants. The latter mainly reinforces HACCP standards, whereas the former tackle the following issues:

• Sustainable and responsible shrimp aquaculture management (Código de Conduta para Desenvolvimento Sustentável e Responsável da Carcinicultura Brasileira) (June 2004):
  • Mangroves conservation.
  • Site selection, standards and construction techniques.
  • Feed and feeding practices.
  • Shrimp health and biosafety.
  • Prevention of shrimp escape.
  • Use of chemicals and veterinary drugs.
  • Hatcheries management.
  • Harvest, conservation and transport.
  • Effluents and solid waste.
  • Rights of other water users.
  • Relationship with employees and local community.
  
  
• Shrimp feed production (Código de Conduta e de Boas Práticas de Fabricação para Fabricantes de Rações para Camarão) (January 2004):
  • Site selection and location of facilities.
  • Selection and purchase of ingredients.
  • Storage and use of ingredients.
  • Processing.
  • Formulation.
  • Packaging and labelling.
  • Storage and transport of feed.
  • Human resources.
  • Sampling and testing methods.
  
  
• Marine shrimp larviculture (Código de Conduta e de Boas Práticas de Manejo para Laboratórios de Larvicultura de Camarão Marinho) (May 2004):
  • Site selection and location of facilities.
  • Disinfection of the laboratory.
  • Operation and management.
  • Feed.
  • Animal health and biosafety.
  • Use of chemicals and veterinary drugs.
  • Harvest, packaging and transport.
  • Effluents and solid waste.
  • Employees and social relations.

On the other hand, SEAP has prepared a draft version of Best Management Practices for fish, mollusc and frog aquaculture, which are available for public consultation with the productive sectors until May 2005, through the SEAP website, jointly with the sustainable aquaculture management code from ABCC:

• Código de Conduta para o Desenvolvimento Sustentável e Responsável da Ranicultura Brasileira (June 2004).
• Código de Conduta para o Desenvolvimento Sustentável e Responsável da Malacocultura Brasileira (June 2004).
• Código de Conduta para o Desenvolvimento Sustentável e Responsável da Piscicultura Brasileira (June 2004).

These documents contain guidelines for the following activities:

• Aquaculture site selection.
• Farm construction/installation.
• Feed and feeding practices.
• Biosafety.
• Control of cultured animals escapes into the environment.
• Use and storage of chemicals and therapeutic substances.
• Farm management practices.
• Effluents treatment and residues disposal.
• Respecting rights of other users of aquatic resources.
• Consideration of rights and needs of local communities.
• Relationship with employees.

International arrangements

Brazil is a member of:

• World Trade Organization (WTO).
• Free Trade Area of the Americas (FTAA).
• MERCOSUR (Mercado Común del Sur).

Brazil is also a party to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) and the Convention on Biological Diversity (CBD), but only by accession to the Biosafety Protocol.

Planning

Authorization system

The right to set up aquaculture facilities requires the registration of aquaculture farmers in the RGP. Procedures are defined in Normative Instruction (SEAP) No.3 of 2004  , as follows.

Applicants shall file their applications with the SEAP Office of their State of residence, including the following supporting documentation:

• Application form properly filled in and signed by the applicant or by a legal representative.
• For legal persons, a copy of a document attesting its legal personality.
• A copy of the residence certificate of the applicant.
• Detailed project of the existing or upcoming infrastructure.
• A copy of the environmental licence, where appropriate.
• Receipt of tax payment for aquaculture farmer registration.

Additionally, for aquaculture projects to be developed in federal water bodies, a copy of the authorization to use portions of waterbodies (autorização de uso de espaços físicos de corpos d'água) shall be handed (see § on access to land and water below).

The amount of the registration tax is calculated in proportion to the surface area occupied by the aquaculture units owned by the applicant. Aquaculture registration certificates must be renewed every year, with the apposition of an "Annual Visa" by the competent SEAP State Office, upon receipt of the annual registration tax.

Any change in the conditions or permanent data must be communicated within 60 days to the competent SEAP State Office, with the relevant documentation. Furthermore, when the change consists in the incorporation of a new aquaculture unit, the application shall be filed with the SEAP Office of the State where the activity is established. This procedure is required for verification purposes and to either update the original registration or issue a new registration certificate.

Access to land and water

Law No.7.661 of 1988 establishes the National Costal Management Plan (Plano Nacional de Gerenciamento Costeiro – PNGC), to be drafted under the supervision of the Secretariat of the Interministerial Commission for Marine Resources (Secretaria da Comissão Interministerial para os Recursos do Mar – SECIRM). The PNGC is part of the National Policy for Marine Resources (Política Nacional para os Recursos do Mar – PNRM) and the National Environmental Policy (Política Nacional do Meio Ambiente – PNMA). The Plan, which shall determine zoning measures for the conservation of coastal resources, must be approved by the Interministerial Commission for Marine Resources (Comissão Interministerial para os Recursos do Mar – CIRM), after a hearing of the National Environmental Council (Conselho Nacional de Meio Ambiente – CONAMA). Licences for the use of coastal areas are subject to the presentation of an Environmental Impact Study and the corresponding Environmental Impact Report (Estúdio de Impacto Ambiental – EIA e Relatório de Impacto Ambiental – RIMA) (see § on EIA below). The Law does not make any specific reference to aquaculture.

Access to public waters for fish farming in Brazil is covered by Decree No.4.895 of 2003  , regulating Authorizations to Use Federal Waterbodies for Aquaculture Purposes, and by Interministerial Normative Instruction No.6 of 2004  , jointly issued by SEAP, MMA, IBAMA, the Ministry of Planning, Budget and Management (Ministério do Planejamento, Orçamento e Gestão), the National Water Agency (Agência Nacional de Água – ANA) and the Maritime Authority.

Applications for the authorization to use federal waterbodies for aquaculture purposes must be filed with the Secretariat for Federal Heritage (Secretaria do Patrimônio da União – SPU), attached to the Ministry of Planning, through the SEAP Office of the State where the project will be carried out.

Submission forms include applications to SEAP  for registration in RGP (see § on authorization system above), to ANA for water use authorizations, and to IBAMA for environmental licences (see § on EIA below). The whole process is managed by SEAP, although the authorization is issued by SPU. Authorizations may only be granted to natural or legal persons included in the category of aquaculture farmers and are not transferable.

Depending on the kind of project, applications may concern the development of aquaculture activities in three different environments:

• Aquaculture areas (áreas aqüícolas): delimited areas in aquatic environment intended for the development of individual or collective aquaculture projects.
• Aquaculture parks (parques aqüícolas): delimited areas in aquatic environment, composed of several aquaculture areas, and where compatible activities may be carried out in intermediate spaces.
• Preference areas (faixas ou áreas de preferência): areas on which indigenous people have priority rights.

The first step in the authorization process for the development of projects in aquaculture areas is the approval of the technical project by SEAP. Then, where appropriate, SEAP shall apply to ANA for a preventive authorization to use water resources. According to its area of competence, IBAMA analyses the potential environmental impact of the project and may either require a more detailed environmental impact study or observe that the environmental licence can be issued separately. Likewise, the Maritime Authority must ensure that the project does not hinder maritime transportation.

It is important to note that ANA issues two types of water authorizations, as established by Law No.9.984 of 2000:

• Preventive authorization to use water resources (outorga preventiva de uso de recursos hídricos), which only indicates water availability for planning purposes and does not grant any water right (maximum duration: 3 years).
• Water use right (outorga de direito de uso de recursos hídricos), which grants the right to use water (maximum duration: 35 years, renewable).

The former is automatically converted into the latter, upon approval of the project by SEAP.

Applications concerning aquaculture parks and preference areas follow a slightly different procedure, since both parks and areas must be previously delimitated by SEAP, in cooperation with the Ministry of Environment (environmental licence), the Maritime Authority, the Ministry of Planning (final authorization to use public waters, issued by SPU) and ANA (preventive authorization for water availability). Interministerial Normative Instruction No.8 of 2003   establishes guidelines for the creation of aquaculture parks and areas.

Instruction No.6 also regulates the procedure to establish Research Units and Demonstration Units. The former aims at the development of technologies for aquaculture, while the latter is intended for training, capacity building and technology transfer.

The final step of the authorization process is the public selection process. After verifying competitiveness amongst applicants, the participation fee is determined and the selection process starts. The selection criteria are:

• Sustainable development.
• Increase in national fish production.
• Creation of employment opportunities.
• Contribution to food security.

The authorization shall contain at least the following deadlines:

• Six months for the installation of the agreed nautical signs and for the commencement of the project set up.
• Three years for the completion for the project facilities.
• Up to 20 years for the duration of the authorization (might be extended by SEAP).

Aquaculture activities may also be set up in protected areas (unidades de conservação). These are regulated by Law No. 9.985 of 2000 establishing the National System of Protected Areas Management – SNUC, and are divided in two main groups: integral protection areas (unidades de proteção integral) and sustainable use areas (unidades de uso sustentável). CONAMA Resolution No.13 of 1990   provides that the establishment of activities in the area situated within the radius of 10 Km from any protected area is subject to a specific licensing procedure. The competent environmental authority may only grant the licence upon approval of the administration of the concerned area.

Lastly, Order (SUDEPE) No. N-1 of 1977 provides that the construction of dams and dykes implying the alteration of water courses must ensure the protection of the aquatic fauna. Construction projects (including aquaculture projects) are communicated to SUDEPE  that shall:

• Approve the aquatic fauna protection and conservation system.
• Determine the size and location of the required installations.
• Approve the construction project and the plan for eradication or control of invasive species.
• Determine or approve working programmes.
• Supervise the execution of works and programmes, as approved.
• Acknowledge compliance with legal obligations.

Should different applications be filed for the construction of various aquaculture stations or facilities diverting the same water course, SUDEPE may allow the construction of one single installation for fauna protection reasons. In this case, construction, operation and maintenance expenses are shared among the parties.Lastly, possessors of existing dams and dykes must comply with SUDEPE programmes on aquatic fauna conservation.

EIA

According to the Environmental Policy Act, Environmental Impact Assessment is one of the main tools of environmental policy. In Brazil, environmental protection is managed through the National Environmental System (Sistema Nacional do Meio Ambiente – SISNAMA), of which CONAMA and IBAMA are respectively the consultative and deliberative body, and the executive body. SISNAMA was established by the Environmental Policy Act (No. 6.938 of 1981) and is regulated by Decree No.99.274 of 1990. Environmental licensing is managed at federal, State or municipal level, mainly depending on the type of activity involved and on the extent of the impact area. Indeed, according to the federal Constitution, both fisheries and environmental matters fall within the concurrent legislative power of the Federation and the States, whereas only residual powers are vested in the Municipalities. The competent institution at federal level is IBAMA (delegated by CONAMA), while at State or municipal level, responsibility falls upon the respective environmental authority (Órgãos Estaduais de Meio Ambiente – OEMAs). Competence distribution is defined in CONAMA Resolution No.237 of 1997: IBAMA is always competent for activities to be developed in territorial seas.

The establishment of aquaculture facilities is subject to environmental licensing and to the presentation of an Environmental Impact Study (EIA/RIMA).

In fact, an environmental licence is required for the establishment of any activity that is likely to cause harm to the environment. As evinced by CONAMA Resolutions No.1 of 1986 and No.237 of 1997, the set up of aquaculture farms requires environmental licensing. In fact, aquaculture is unarguably an activity affecting human health, the biota (flora and fauna of a region), the environment and the quality of natural resources (i.e. water resources), as required by the former resolution. Additionally, to avoid all doubts, the latter explicitly mentions the management of living aquatic resources (manejo de recursos aquaticos vivos) and the breeding of animals (criação de animais).

Legislation provides for three different types of environmental licences according to the stage of development of the project:

• Preliminary Licence (Licença Previa – LP), approving concept and location.
• Installation Licence (Licença de Instalação – LI), authorizing the setting up of the activity.
• Operation Licence (Licença de Operação – LO), authorizing the commencement of the project.

It must be pointed out that the Brazilian environmental licensing system does not automatically entail the presentation of an Environmental Impact Study. The requirement of a proper Study as a licensing condition is made mandatory, at constitutional level, only for the establishment of activities that may significantly harm the environment. Consequently, Decree No.99.274 of 1990 provides that CONAMA shall establish the basic criteria according to which an Environmental Impact Study (EIA/RIMA) is required. CONAMA Resolution No.237 of 1997 establishes that the competent authority (IBAMA or the State Environmental Authority) ought to determine the pertinent type of Environmental Study to be provided.

CONAMA Resolution No.1 of 1986 provides for a legal presumption of significant harmfulness on certain activities, therefore requiring an Environmental Impact Study for their establishment. The list, which is obviously non exhaustive, explicitly includes aquaculture, adopting an unusual wording: «extração e cultivo de recursos hídricos» (art.2, XII - complexo e unidades agro-industriais).

The application procedure goes through the following steps:

1. Determination (by competent authority and applicant) of necessary documentation to support the application (there are 22 classes of activities according to the type of required procedure).
2. Filing of application with competent authority, with supporting documentation (including EIA/RIMA, when required).
3. Analysis of application and supporting documents.
4. Request of clarifications or additional documentation, if necessary.
5. Public review, when required.
6. Request of clarifications or additional documentation, if necessary.
7. Issuance of conclusive technical advice, and of legal advice, where appropriate.
8. Granting or denial of licence and publication.

Environmental Impact Studies (EIAs) are drafted according to the following guidelines:

• Consider different options for the development of the project (technology and location).
• Identify and assess the potential environmental impacts.
• Define the project area of influence.
• Consider governmental plans and programmes concerning the area of influence.

Moreover, the preparation of the Study must at least involve the following activities:

• Environmental diagnosis of the area of influence.
• Analysis of environmental impact of the project and alternative options.
• Mitigation measures.
• Monitoring programme.

Interministerial Normative Instruction No.6 of 2004 details additional information that may be required by the licensing authority for the establishment of aquaculture parks and areas in federal waters.

On the other hand, Environmental Impact Reports (RIMAs) contains at least:

• Project objectives and justifications.
• Description of project and alternative options.
• Summary of results of environmental diagnosis of the area of influence.
• Description of probable environmental effects on the area of influence.
• Characterization of future environmental quality of the area.
• Description of expected positive effects of mitigation measures.
• Impact monitoring programme.
• Indication of recommended alternative option.

Lastly, two CONAMA resolutions separately regulate the environmental licensing concerning sea turtles' nesting beaches and shrimp aquaculture in coastal areas.

The former is Resolution No.10 of 1996, providing that environmental licences are issued by the competent environmental authority, upon approval and recommendations of IBAMA and with the advice of the Sea Turtles Centre (Centro de Tartarugas Marinhas – TAMAR). The SPU and the Ministry for Marine Affairs (Ministério da Marinha) must be heard as well.

Regarding shrimp farming, Resolution No.312 of 2002   defines three categories of aquaculture facilities according to the size of the inundated area:

• Small establishments (≤10 ha) shall undergo the simplified licensing procedure.
• Medium establishments (>10 ha and ≤50 ha) are subject to the regular licensing procedure.
• Large establishments (>50 ha), small and medium establishments causing significant harm to the environment, and those located in the area of influence of other establishments must present an Environmental Impact Study and the corresponding Environmental Impact Report.

The resolution requires specific documentation to support applications and determines the minimum content of the Environmental Control Plan (Installation Licence phase – LI) and the Environmental Monitoring Plan (Operation Licence phase – LO).

Operation

Water and wastewater

The federal Water Code – Decree No.24.643 of 1934, as amended – does not regulate the use of public water for fisheries purposes, and thus refers to special laws on the matter. The Water Policy Act No.9.433 of 1997, which requires a licence for wastewater discharge, does not make any reference to aquaculture.

In Brazil, aquaculture is included in animal breeding and is thus subject to the general rules established for this kind of activity. Water use is controlled by the national Council of Aquatic Resources – CNRH (Conselho Nacional de Recursos Hídricos). The CNRH objectives, as defined in Decree No.4.613 of 2003  , include:

• The coordination of a democratic and participatory process through the integration of the water policy act with other national and regional plans.
• The establishment of criteria for granting of water use right.
• The creation of Water Basin Committees.
• The intermediation of conflicts between different water users.

Water use rights may only be granted after a Water Basin Committee is created for the basin where the project will be installed, and a consensual decision is taken on how the water shall be used and how much it will cost for each user.

Resolution (CONAMA) No.20 of 1986 provides a classification of fresh, brackish and marine waters, establishing quality standards according to the use they are intended for. Water use for aquaculture purposes is listed in classes 2 (freshwater), 5 (marine water) and 7 (brackish water). The resolution also gives directives to competent authorities for the definition of pollution control programmes and determines quality standards for effluents discharge into the water.

Fish movement

International fish trade is managed by the Animal Defense Department (Departamento de Defesa Animal – DDA) of the Agricultural Defense Secretariat (Secretaria de Defesa Agropercuária – SDA). In seven States (i.e. RS, SC, PR, SP, RJ, MG and GO), the import of aquatic animals is subject to an authorization issued by the Animal Health Service of the Federal Delegation for Agriculture (Delegacia Federal de Agricultura – DFA) of the State where the aquaculture farm is located. In the remaining States, import requests must be sent to the central authority in Brasilia. The import form must be filed, jointly with the supplier's invoice. All requests must be analyzed and approved by IBAMA. Authorizations may include particular sanitary restrictions, according to the country of origin.

The introduction of aquatic exotic species and the transfer of species within the country are controlled by IBAMA, which is thus the competent authority for the granting of authorizations. In particular, Order (IBAMA) No.145 of 1998   regulates the introduction, reintroduction and transfer of fish, crustaceans, molluscs and aquatic macrophytes for aquaculture purposes. The introduction of freshwater species and macrophytes is forbidden. On this subject, it is worth mentioning that, according to the Fisheries Code, the import or export of any aquatic species, as well as the introduction of native or exotic species in inland waters requires the authorization of SUDEPE (now, SEAP and IBAMA).

The first import of live exotic species requires the filing of an application of first import and experimental cultivation (Pedido de Introdução e Cultivo Experimental), providing the following information:

• Applicant's registration number in Aquaculture Farmer Register and copy of registration tax receipt (except for Universities and Research Centres).
• Species to be imported (scientific and vulgar name), taxonomic classification and place of origin.
• Principal biological, ecological and zootechnical or agronomical characteristics.
• Number of specimens to be imported and development stage, as well as available infrastructure for cultivation.
• Geographic distribution and economic importance of species.
• Potential domestic and foreign markets.
• Indication of consignee, responsible for quarantine and research in order to get the commercial cultivation licence.
• Place and methodology of experimental cultivation.

Following the experimental phase, the applicant shall present a report in order to obtain the final licence for commercial cultivation (Licença para Cultivo Comercial).

The introduction of live exotic species is subject to the filing of an application for reintroduction (Pedido de Reintrodução), containing the following details:

• Applicant's registration number in Aquaculture Farmer Register and copy of registration tax receipt (except for Universities and Research Centres).
• Species to be imported (scientific and vulgar name).
• Place of origin of specimens.
• Indication of consignee, responsible for quarantine.
• Reason for reintroduction (only genetic improvement or creation of breeds for reproduction, bio-assays and bio-indication are allowed).

Lastly, the transfer of live species within the country (from their natural area of origin to another area where they have not yet been introduced) requires an application for transfer (Pedido de Transferência), providing the following information:

• Applicant's registration number in Aquaculture Farmer Register and copy of registration tax receipt (except for Universities and Research Centres).
• Species to be imported (scientific and vulgar name), taxonomic classification and place of origin.
• Principal biological, ecological and zootechnical or agronomical characteristics.
• Number of specimens to be imported and development stage, as well as available infrastructure for cultivation.
• Indication of consignee, responsible for quarantine and research in order to release the species for commercial cultivation.
• Place and methodology of experimental cultivation.

The procedures for quarantine requirements are established by MAPA: Order (MAPA) No.49 of 1987, regulating the import of live animals in general, provides that quarantine is mandatory for animals with economic value and for those intended for reproduction. More specifically, Normative Instruction (MAPA) No.53 of 2003   establishes the quarantine procedures for the import of aquatic animals. Upon landing, live aquatic animals and aquatic animal products are immediately redirected to the authorized quarantine unit for health monitoring, with the supervision of the competent Official Veterinary Service. Negative tests are communicated to the concerned veterinary doctor and to the aquaculture farm, while positive results are communicated to the DDA and to the DFA of the State where the farm is located. Should a disease agent be identified, the DDA must communicate it to the interested party within 72 hours and eliminate infected lots. The identification of an exotic disease or of a disease threatening public economy, public health or the environment causes the immediate elimination of infected specimens. Only first-generation descendants of the imported lot may be released into waterbodies for aquaculture purposes.

Normative Instruction No.53 also establishes the sanitary and security measure for the movement of aquatic animals in the country. Animals shall be accompanied by an Animal Transit Guide (Guia de Trânsito Animal – GTA) to be issued either by the State Agriculture Secretariat (Secreteria da Agricultura) or by authorized veterinary doctors. Procedures are established by the DDA.

The production and release of aquatic GMOs is subject to the specific legislation on biosafety, i.e. Act No.8.974 of 1995 and Decree No.1.752 of 1995, as amended. The National Technical Commission on Biosafety (Comissão Técnica Nacional de Biossegurança – CTNBio) is responsible for granting the Quality Certificate of Biosafety (Certificado de Qualidade em Biossegurança – CQB). Furthermore, CONAMA Resolution No.237 of 1997 requires an environmental licence for the introduction of exotic species and GMOs.

Normative Instruction No.3 of 2004 requires registration to the RGP of companies trading live aquatic organisms (Empresa que Comercia Organismos Aquáticos Vivos). Applications shall be accompanied by the following documentation:

• Copy of identity document of the applicant.
• Copy of residence certificate of the applicant.
• Information on existing or upcoming infrastructure.
• Information on origin of organisms being traded.
• Register tax receipt.

Disease control

State authorities and DFAs are in charge of animal health in Brazil. At federal level, the DDA is responsible for the coordination, standardization and implementation of the animal health programme.

Normative Instruction (MAPA) No.53 of 2003, approving the Technical Regulation to the National Programme for Aquatic Animal Health, is the main piece of legislation governing fish disease control. Decree No.24.548 of 1934  , regulating animal health in general, is applicable to aquatic animals regarding the elimination of infected specimens. Normative Instruction No.53 provides that, on matters related to aquatic animals, the DDA is assisted by the Advisory Committee for the National Programme on Aquatic Animal Health (Comitê Consultivo do Programa Nacional de Sanidade de Animais Aquáticos – CC/PNSAA) and, at State level, by the State Committees for Aquatic Animal Health (Comitês Estaduais de Sanidade de Animais Aquáticos – COESAAs).

Concerning animal health matters, aquaculture farms are classified as follows:

• Reproduction establishment (establecimento de reprodução).
• Nursing establishment (establecimento de recria).
• Breeding establishment (establecimento de terminação).
• Recreational establishment (establecimento de recreação).
• Trade establishment (establecimento de comercialização).

All aquaculture establishments are subject to the supervision of the Official Veterinary Service, attached to the relevant animal health authority at federal, State and municipal level.

A mandatory notification to the Official Veterinary Service is required in case of suspicion of exotic disease outbreak, or when the disease is a menace to public economy, public health or the environment. Upon notification by the veterinary doctor, the owner, or any other person having knowledge or suspicion of the disease outbreak, the following measures must be taken:

• Inspection of infected farm and analysis of samples.
• Epidemiological assessment.
• Declaration of infected area and surveillance zone.
• Communication of disease outbreak to local Official Veterinary Service, which must give communication to State Service (immediate communication is only required in case of suspicion of exotic disease outbreak, or when the disease is a menace to public economy, public health or the environment).
• Sanitary sacrifice (elimination of infected specimens), depending on disease.
• Therapeutic treatment, where possible.
• Disinfection.
• Monitoring and control of disease, aiming towards eradication.
• Isolation of the disease and revocation of infected area.

The identification of disease agents during quarantine is discussed in the paragraph on fish movement above.

Drugs

No specific provisions.

Feed

This matter is covered by Law No.6.198 of 1974 establishing Sanitary Controls to be carried out on Animal Feedstuff and its Regulation, contained in Decree No.76.986 of 1976  . In addition, Decree No.80.583 of 1977 establishes quality standards for salt to be used in animal feed. No specific reference is made to the use of feed in aquaculture. MAPA is the competent authority at federal level.

Food safety

The Ministry of Health (Ministério da Saúde – MS) is the responsible authority for matters related to food safety. In particular, attached to the Ministry is the National Sanitary Control Agency (Agência Nacional de Vigilância Sanitária – ANVISA), which is the main body of the National Sanitary Control System (Sistema Nacional de Vigilância Sanitária – SNVS).

The main principles on health in general and food safety are established by the Federal Sanitary Code (Act No.5.027 of 1966). More specifically, food safety is regulated by Decree-Law No.986 of 1969  , establishing basic rules on food products. Neither refers to fish products in particular. Furthermore, several Technical Regulations issued by MS and ANVISA establish health standards and good practices for food products derived from animals.

Decree No.55.871 of 1965, amending Decree No.50.040 of 1961   on the use of chemical additives in food products, establishes the maximum amounts of inorganic contaminants to be found in food, including fish products.

Lastly, to ensure the implementation of food safety measures, Law No.7.889 of 1989 establishes sanitary inspections to be carried out on food products derived from animals, whereas Law No.6.437   regulates violations to federal health legislation.

Miscellaneous

Aquaculture development
Law No.8.171 of 1991 on Agricultural Policy promotes the implementation of aquaculture development programmes, aiming towards food security and the conservation of species. In this direction, the Law includes commercial aquaculture establishments among the beneficiaries of rural credit.

References

Legislation

Related resources

	Search parameters: country=BRA, Keywords=aquaculture;mariculture
	Records Returned: 35
Title of text	Date of text	Consolidated date	Entry into force	Countries
Law No. 7.183 creating the State Council for Sustainable Development of Fisheries and Aquaculture.	2012-07-23		This Law enters into force on the day of its publication.	Brazil
Decree No. 7.762 implementing the Agreement between the Government of the Federative Republic of Brazil and the Government of the Republic of Cuba on fisheries and aquaculture cooperation.	2012-06-19		This Decree enters into force on the day of its publication.	Cuba; Brazil
Decree No. 7.605 approving the Regulation of the State Secretariat for Agriculture, Livestock and Irrigation (SEAGRI).	2012-04-19		This Decree enters into force on the day of its publication.	Brazil
Norm No. 3 establishing the National Network of Laboratories of the Ministry of Fisheries and Aquaculture - RENAQUA.	2012-04-13		This Norm enters into force on the day of its publication.	Brazil
Law No. 15.736 establishing the Policy on aquaculture within the continental waters of the State of Santa Catarina.	2012-01-11		This Law enters into force on the day of its publication.	Brazil
Law No. 3.886 regulating fisheries and aquaculture within the State of Mato Grosso do Sul.	2010-04-28		This Law enters into force on the day of its publication.	Brazil
Law No. 11.959 on Sustainable Development of Fishery and Aquaculture.	2009-06-29		This Law enters into force 60 days following its publication.	Brazil
Law No. 15.894 amending Law No. 13.025 on fisheries, aquaculture and aquatic fauna protection within the State of Goiás.	2006-12-12		This Law enters into force on the day of its publication.	Brazil
Order No. 125 instituting the Executive Committee of Aquaculture and Fisheries.	2005-05-13		This Order enters into force on 13 May 2005.	Brazil
Decree No. 5.382 approving the VI Plan for Maritime resources – VI PSRM.	2005-03-03		This Decree enters into force on the date of its publication.	Brazil
Decree No. 5.069 ruling on the National Council of Aquiculture and Fisheries (CONAPE).	2004-05-05		This Decree enters into force on the date of its publication.	Brazil
Decree No. 4.895 establishing conditions for using water areas for aquaculture purposes.	2003-11-25		This Decree enters into force on the day of its publication.	Brazil
Law No. 7847 instituting the Agency for the Devleopment of Fisheries and Acquaculture (ADEPAQ).	2003-01-31		This Law enters into force on the day of its publication in the Official Gazette.	Brazil
Law No. 1.038 establishing baselines for protecting aquatic resources and promoting aquaculture in the State of Rondonia.	2002-01-22		This Law enters into force on the day of its publication.	Brazil
Law No. 10.298 amending Law No. 8.171 on agricultural policy.	2001-10-30		This Act enters into force on the date of publication.	Brazil
Decree No. 310 regulating the Institute for Rural Development and Supply on the State of Alagoas (IDERAL).	2001-09-13		This Decree enters into force on the day of its publication.	Brazil
Law No. 6.194 creating the Institute for Rural Development and Supply on the State of Alagoas (IDERAL).	2000-09-11		This Law enters into force on the day of its publication.	Brazil
Law No. 6.192 establishing the structure of the Institute for Rural Development, Fisheries and Supply (IDERAL).	2000-08-29		This Law enters into force on the day of its publication.	Brazil
Law No. 13 regulating fishing activities, aquaculture and aquatic animal protection.	1997-06-13		This Law enters into force on the day of its publication.	Brazil
Law No. 13.025 regulating fisheries, aquaculture and aquatic fauna protection within the State of Goiás.	1997-01-13		This Law enters into force on the day of its publication.	Brazil
Law No. 1.653 regulating aquaculture activity within the State of Mato Grosso do Sul.	1996-01-10		This Law enters into force on the day of its publication.	Brazil
Decree No. 1.697 creating the Executive Group of Fisheries Sector - GESPE.	1995-11-13		This Decree enters into force on the date of publication.	Brazil
Decree No. 1.695 ruling on Aquaculture Exploration.	1995-11-13		This Decree enters into force on the date of its publication.	Brazil
Decree No. 1.695 regulating aquaculture activity in public waters.	1995-11-13		This Decree enters into force on the date of publication.	Brazil
Decree No. 1.694 creating the National System for Fishing and Aquaculture Information - Sinpesc.	1995-11-13		This Decree enters into force on the date of publication.	Brazil
Order No. 95-N regulating the registration for aquaculture activity.	1993-08-30		This Order enters into force on the date of publication.	Brazil
Order No. 110-N concerning the General Fishing Register (RGP).	1992-10-07		This Order enters into force on the date of publication.	Brazil
Act No. 8.171 on agricultural policy.	1991-01-17		This Act enters into force on the date of publication.	Brazil
Order No. 1.581 regulating the registration of fishing activities.	1989-12-21		This Order enters into force on the date of publication.	Brazil
Law No. 1.202 creating the Fisheries Institute of the State of Rio de Janeiro (FIPERJ).	1987-10-07		This Law enters into force on the day of its publication.	Brazil
Order No. N-40 establishing a periodical closed season for oyster collection along coastal zones of the State of São Paulo and estuary areas of the State of Paraná.	1986-12-16		This Order enters into force on the date of publication.	Brazil
Order No. 649-G creating the Aquaculture Research and Training Centre - CEPTA.	1979-09-03			Brazil
Order No. N-1 making provisions on the construction of dams and dykes diverting the water course.	1977-01-04		This Order enters into force on the date of publication.	Brazil
Decree-Law No. 221 promoting and protecting fishing activity.	1967-02-28		This Act enters into force on the date of publication.	Brazil
Decree-law No. 221 on Fishery protection and stimulation.	1967-02-28		This Decree-law enters into force on the date of its publication.	Brazil

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Country profiles: Brazil