The collection of algae samples from aquaculture farms for research purposes has generated debate about the need for government licenses or permits. Some argue that the activity does not qualify as fishing and therefore does not require a license. Others advocate obtaining authorization as a precaution and to comply with environmental regulations. Let’s examine the relevant pieces of legislation and the different perspectives to reach a conclusion.
Those who oppose the need for licenses base themselves on the interpretation of existing legislation. According to Law No. 11.959/2009, fishery resources include hydrobic animals and plants that can be exploited, studied or researched through amateur, subsistence, scientific, commercial and aquaculture fishing. The collection of algae on aquaculture farms would not fall under this definition, since it does not involve the capture of animals and is carried out in a controlled cultivation context.
On the other hand, there are those who advocate obtaining authorization to collect algae samples from aquaculture farms as a precaution and to comply with environmental regulations. ICMBio Ordinance 748/2022 establishes the need for authorization for scientific, educational or biodiversity conservation activities. The Chico Mendes Institute for Biodiversity Conservation (ICMBio) considers hydrobic plants, including algae, to be fishery resources and requires authorization for their collection.
To support the discussion, it is important to highlight excerpts from the relevant legislation:
- Law No. 11.959/2009: “Fishery resources are considered to be animals and hydrobiological plants that can be exploited, studied or researched by amateur, subsistence, scientific, commercial and aquaculture fishing.”
- ICMBio Ordinance 748/2022: “The following activities for scientific, educational or biodiversity conservation purposes, in the national territory and in the exclusive economic zone, require authorization through Sisbio: collection of specimens and biological samples of wild animals in situ.”
The need for licenses or permits to collect algae samples from aquaculture farms depends on the context and interpretation of the law. Although some argue that this activity does not qualify as fishing, it is recommended to obtain authorization through the Biodiversity Authorization and Information System (Sisbio), in accordance with ICMBio Ordinance 748/2022, as a precautionary measure and in compliance with environmental regulations. It is therefore advisable to register voluntarily with Sisbio and obtain a “Voluntary Registration” voucher to present if necessary. In this way, transparency and compliance with applicable standards are guaranteed, promoting scientific research in a responsible and sustainable manner.