Laws the Fishery
Gazette of the State of Mato Grosso - December 30, 2002
Law N º 7881 December 30, 2002.
Author: Executive Power
Provides for policy and control of fishing in the state of Mato Grosso and other measures.
The governor of Mato Grosso, with a view to the commercial sapace art. 42 of the State Constitution, sanction the following law:
Chapter I
FISHERIES POLICY
Art 1º Individuals and companies that develop fishing or carrying on trading activities, processing and transit of fish in the State of Mato Grosso will be subject to the provisions of this law.
Art 2º For purposes of this Act shall be considered:
I – fishery: any act tending to withdraw, draw, collect, catch, capture or capture specimens of groups of fish, crustaceans, molluscs and vegetables hidróbios, or not susceptible to economic use, subject to the endangered species contained in the official lines of fauna and flora;
II – fisheries science: it is carried on solely for purposes of research institutions or persons duly empowered for that purpose;
III – recreational or sport fishing, is exercised with the purpose of recreation or sport;
IV – commercial fishing, is that practiced by independent fishermen who make fishing their profession or primary means of life and may or may not be linked to the colony of fishermen of the State of Mato Grosso;
V – subsistence fishing, when exercised with the purpose of supplementing the food supply of those fishing;
VI – fish products, animal and plant species taken from the aquatic environment;
VII – Aquaculture: Farming and the creation of beings hidróbios with or without economic purpose.
Art. 3º In the exercise and management of fishing activities shall be provided the ecological balance, conservation of aquatic organisms and the ability to support the fishing environments through compliance with the following principle:4
I – sustainability;
II – preservation and conservation of biodiversity;
III – fulfillment of social and economic function of fishing
Art. 4º The State Policy aim at Fishing:
I – disciplinary forms and methods of exploitation of aquatic organisms, as well as control of the proceedings of fishing activities, to protect themselves cultural aspects of fishing;
II – protect the aquatic flora and fauna and their interaction mechanisms to ensure ecological restoration and perpetuation of the species;
III – promote research to improve the sustainable management of aquatic organisms;
IV – encourage and support community education programs, aiming to capacitalas active participation in environmental protection, with emphasis on the conservation of aquatic organisms;
V – set standards for repair of damage to aquatic organisms and environments.
Chapter II
STATE BOARD OF FISHERIES
Art. 5º The State Board of Fisheries - CEPESCA, an advisory body, with equal composition, is responsible for advising the executive branch in formulating the state policy of fishery and will be composed of representatives of the following agencies and organizations:
I – Special Secretary for the Environment;
II – a representative of the Secretary of State Development and Tourism
III – a representative of the State Department of Labor;
IV – and other representatives of the current government;
Art.6º When the State Board of Fisheries is responsible for:
I – propose standards and guidelines for the state policy of fishing;
II – establish zones and times when it is banned from fishing activity;
III – prohibit the employment, general or particular area, and the sport fishing gear, establishing the appropriate measures;
Art.7º The President of the State Board of Fisheries will be the Special Secretary of Environment, while the FEMA provide administrative support and training resources matters to the Council and its Executive Secretary.
Art.8º The regulation will establish standards for the organization and functioning of the State Board of Fisheries
Chapter III
CONTROL OF FISHING ACTIVITY
Art. 9º The State of the Environment Foundation - FEMA is the agency responsible for overseeing the activities of fishing in all its phases, in the State of Mato Grosso.
Parágrafo 1º - For purposes of management and sustainable management of fishery resources, is instituted by the FEMA, the State Service for Control of Fishing and Aquaculture – SECPESCA.
Parágrafo 2º - The inspection activities, in whole or in part, may be delegated, through an agreement between FEMA and other entities.
Art 10º The authorization of recreational fishing will be done by issuing Portfolio fisherman, according to the regulations.
Chapter IV
METHODS OF FISHING
Art.12º Fishing within the territory of the State of Mato Grosso, can perform activities as scientific, or amateur sports, professional and subsistence.
Art 13º In sports or recreational fishing will be observed the following criteria:
I – the angler fish and can carry up to 20 k (twenty pounds), or a copy, regardless of weight;
II – the product resulting from this fishery can not be commercialized;
III – those under eighteen and over fourteen years may obtain authorization to practice or amateur sport fishing since practiced with their parents or guardian.
Art 14º It will only be allowed to exercise professional fishing over eighteen years.
Art 15º Researchers from institutions whose activity involves the collection of biological material for scientific purposes will be granted special permits for scientific purposes will be granted special leave for the purpose of raising animals eoutros fish fauna of aquatic life in accordance with current legislation, allowing them to use of recognized scientific methodology, requiring that the free institutions licensed to provide to FEMA the result of research conducted.
Chapter V
GENERAL REGISTRATION OF FISHING ACTIVITIES
Art. 16º The general register of fishing activities intended to registration and registration of all individuals and legal entities engaged in fishing activity and amateur sport science within the territory of the State of Mato Grosso.
§ 1.º - Also will be registered all vessels used for fishing.
§ 2.º - Registrations will be issued to fishermen Wallet Fisher, authorization to fishing activities, in accordance with the regulations.
§ 3.º - Permits may be canceled when the Portfolio Fisherman, allowing the fishing activity in the form of the regiment.
Art. 17º The scientific fisheries research, technological or economic, that aims to provide the operation, management and use of the fishery resources must be authorized by FEMA.
Chapter VI
THE PACKAGING, TRANSPORT AND TRADE OF FISH PRODUCTS
Art. 18 All fish must be taken together with the traffic control and guide fishing / GTCP.
§ 1º The traffic control and guide fishing / GTCP issued by FEMA and will be provided by the Military Police, through the Environmental Police and the organizations involved.
§ 2º Be exempt from submitting the tab control fishing, transport of fish, the result of recreational fishing, when the fate of the fish are in the same county where it was held fishing.
§ 3º In the case of fish processed or processed, from establishments under federal inspection, for the trade or industry interstate or international, in addition to the requirements contained in § § 1 and 2, necessary it is also the presentation of the health certificate of inspection issued Ministry of Agriculture, Livestock and Supply.
Art. 19º The fishing product will be preserved so as to permit its inspection, the copies should be kept with the head, scales, leather and easily accessible.
Art. 20º During the closed period can only be sold the stock of fish that is declared and inspected by FEMA have agreements and bodies, at an earlier date of onset, except fish that has been proven to be coming from other states or properly licensed breeders by FEMA.
Chapter VII
OVERFISHING
Art. 21º It is forbidden to extract fish resources of the State of Mato Grosso:
I – in places and times forbidden by the competent bodies;
II – upstream and downstream near dams, waterfalls and rapids, fish ladders and mouths of bays;
III – species and sizes prohibited by law;
IV – with any device, method or technique and legally prohibited fishing gear such as trap type tampagem, pari, surrounded hook branch, and any other fixed appliances, electric appliance type, sound or technique and fishing gear prohibited by law, such as , tampagem trap type, and any other fixed appliance.
V – in places where the exercise of fishing cause embarrassment to navigation;
VI – with toxic substances;
VII – with explosives;
VIII – through derivation of watercourses or depletion of lakes in the public domain.
Art 22º It is forbidden to exercise any kind of fishing in the state of Mato Grosso in the months from November to February, this period can be changed in view of the scientific-technical studies.
Art 23º Fishing is prohibited at any time of year on migrating schools.
Art 24º The importation or exportation of any species alive at any stage of evolution, and the introduction of exotic species in the waters or unhealthy state, without authorization from the competent state.
Art 25º The minimum measures for catching fish in the respective basins of the State of Mato Grosso will be set by resolution of CONSEMA until it is established the State Board of Fisheries.
Art 26º Establishments that sell products that could be used as overfishing must register with FEMA, keeping your records with the record of its buyers, according to regulations.
Fishing violations of the law and penalties
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I – Fishing without Portfolio Fisherman;
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Fine of $ 500.00 (five hundred REAL) to R $ 2,000.00 (two thousand reais)
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II – Fishing predatory;
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Fine of $ 700.00 (seven hundred reais) to R $ 100,000.00 (One hundred thousand REAL), an increase of $ 10.00 (ten dollars) per kilo of the product of the fishery.
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III – Marketing and / or transport of fish weight and species at odds with the guidance of transit or above the amount allowed;
IV – Transportation of fish with the weight and species not in accordance with the guidance of transit or above the amount allowed;
V – Marketing or transportation of fish with signs of capture by paraphernalia prohibited or removing features brands;
VI – Maintenance in stock and or marketing of fish during the Spawning stock without representation, statement or irregular;
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Fine of $ 700.00 (seven hundred reais) to R $ 100,000.00 (one hundred thousand dollars), with acrécimo $ 10.00 (ten dollars) per kilo of fish prout.
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VII – Breeding, rearing and fattening of exotic species and species not originating in the basin;
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Fine of $ 3,000.00 (three thousand reais) to R $ 50,000.00 (fifty thousand reais).
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