Legislation to protect fish in Brazil could have opposite effect

A new law aimed at the protection of migratory fish in Brazil’s Pantanal wetlands will harm thousands of local and Indigenous fishers, and puts the environment at greater risk from infrastructure development, finds a new study by a UCL researcher and collaborators in Brazil.

The comment piece, published in Fish and Fisheries and based on a review of his past research, highlighted that the recent legislation effectively outlawed nearly half of all commercial fishing in the northern Pantanal and could economically displace local fishers, opening up the region for industrial activities that will have far worse effects on the region’s ecosystems.

The new law was passed by the Mato Grosso state in Brazil in March 2024, without consultation with local fishers or evidence of depleted fish stocks. The legislation forbids the transport, storage, and sale of five long-distance migratory fish species for five years in the region. These species account for 44% of all small-scale commercial fish catch in the region, which about one third of the residents of the region rely on for their livelihood.

Though the state government framed the bill as an environmental protection measure, researchers say that current fishing patterns haven’t been shown to be a significant detriment to the ecosystem.

The new legislation forbidding fishing in the Pantanal was proposed shortly after the Brazilian National Agency of Waters and Basic Sanitation blocked more than 50 newly proposed hydroelectric dams along rivers that feed into the Pantanal.

The agency stated that they blocked the dams because of concerns that they would disrupt fish migration and consequently the livelihoods of local fishers. However, the researchers warn that this new legislation would similarly disrupt the livelihoods of the region’s fishers, many of whom would have to leave or find other work, reducing the number of fishers in the region and thus clearing the path for the development of future dams.

The Pantanal is among the largest floodplains in the world, covering an area bigger than England. It is mostly located in Brazil, but also encompasses parts of Bolivia and Paraguay. Every year when it floods, vast portions of it transform into an expansive tropical wetland where numerous species of migratory fish travel to spawn.

Senior author, Dr. Rafael Chiaravalloti (UCL Anthropology), said, “The Pantanal is a unique region, home to a delicate balance between ecosystems and local and Indigenous fishers. This new legislation, passed without their input or participation, threatens their economic well-being and runs counter to international sustainability and labor principles.”

Presently, there are about 8,000 people registered as commercial fishers in the Pantanal, capturing more than 5,000 metric tons of fish and generating more than £9 million annually. In addition, thousands more local and Indigenous residents rely on the fish for subsistence, most of whom will be impacted by this legislation.

Though scientific monitoring of the region’s fish stocks has been sporadic, both local and regional studies found negligible impacts on fish populations since opening up to commercial and recreational fishing in the 1970s.

Dr. Chiaravalloti said, “The greatest threat to the Pantanal ecosystem is not the local and Indigenous small-scale fishers living there, it’s the proposed large-scale dams and infrastructure projects. If the residents there lose their livelihoods and get economically displaced, it opens the doors for industry that can truly devastate the region.”

The reason that fish stocks haven’t been affected is because the local and Indigenous fishers’ customary practices are based on rotational use of the area, which shifts between areas that are open for fishing at any one time, leaving other areas to let their stocks recover. This helps prevent overfishing to ensure sustainability and local well-being.

The new legislation disregards standards established by the Food and Agriculture Organization of the United Nations, which are designed to protect both the environment and the labor rights of local and Indigenous fishers.

The researchers further urge that local and Indigenous people be involved in future decision-making, and better respect for tenure and property rights of the people living there.

They also warn that without proper, evidence-based intervention, other environmental issues similarly threaten the Pantanal, including pollution, invasive species, and climate change.