Page 335 - Economia Azul - versão: inglês

economic importance, which is the interface of this maritime area adjacent to the coast and sustainable aspect than on other as- heritage - it should be noted, by including
of dry and emerged land with the sea. How- (without defining the extension limit) could pects such as economic and transport. It its historical heritage and inserting the MT
ever, it has no internationally recognized be managed by state and municipal plans. establishes a series of powers for the Min- 12MN, the entire policy of underwater his-
special regime, as stated, since it was not in- And so they began to be implement- istry of the Environment and IBAMA, in ad- torical heritage, governed by very specific
stituted by an International Act, such as the ed, in subsequent years. A series of state dition to the state and municipal spheres. rules, also overlap;
UNCLOS. So, it was a national option. And, and municipal laws began to establish their In addition to a series of definitions, it pi- . the incorporation of the environmen-
this option was practically made at the birth “coastal management plans”. On Decem- oneered the geographical delimitation of tal dimension in sectoral policies aimed at
of the Brazilian Constitution, even before it, ber 7, 2004, therefore, more than 15 years what is considered a “coastal zone” in its the integrated management of coastal and
on May 16, 1988, by Federal Law Number after the first federal law on coastal man- Art.3, externally limiting the extension of marine environments – which reinforces
7,661, even before the internalization of the agement, and several state and municipal twelve nautical miles (corresponding to the intercurrence with a series of other
UNCLOS, in 1993. In other words, the “Na- regulations, through Federal Decree Num- the Territorial Sea, in the Brazilian case, in public policies in the same environment;
tional Coastal Management Plan” (NCMP) ber 5,300, Law nº 7,661/1988 was regulat- which all of it has its maximum width and, . the production and dissemination of
was born out of this legal provision. ed, which established the National Coastal internally, in its land strip, comprised by the knowledge for the development and im-
This provision defines the “Coastal Management Plan. This regulation came to limits of the Municipalities that are direct- provement of coastal zone management
Zone” as “the geographic space for the in- establish the bases for the formulation of ly influenced by the phenomena occurring actions – which gives a more diffuse objec-
teraction of air, sea and land, including their federal, state and municipal policies, plans in the coastal zone (initially a tautological tive linked to education, science and tech-
renewable or non-renewable resources, and programs, establishing the limits, prin- concept, since it uses in its delimitation the nology and management policies.
covering a sea and a land strip, which will ciples, objectives, instruments and compe- very concept that it tries to establish). It As a result of this regulation, several
be defined in the respective Plans”. The tences of coastal zone and seafront man- also adds new delimitations that aim, then, states and municipalities created bodies,
definition seeks to regulate in a particular agement . The decree defines the limits of to define which would be the municipali- resulting plans and new regulations, even
way a physical area (not defined) but that the land strip and the maritime strip of the ties covered by this land strip of the coastal in terms of offenses and penalties assigned.
certainly competes with all exploration activ- coastal zone. It creates the definition, for zone (not only the front ones, but also non- It also establishes new sub-areas with
ities of living, non-living and even economic the first time, of a geographic space for the front ones, estuarine lagoons, etc.). even more special characteristics, such as
resources. Thus, becoming a new and deci- management of the territory, the Maritime Mention should be made of the objec- the seafront, which it defines as having a
sive instrument of public policy with a geo- Edge: strip contained in the coastal zone, tives of this regulation. There are four: maritime limit of 10 meters and a terrestrial
graphic and not a thematic cut. of variable width, comprising a maritime . the promotion of ordering the use limit of fifty meters in urban areas and two
More than that, the NCMP comple- portion and a terrestrial portion, character- of natural resources and the occupation of hundred meters in non-urban areas.
ments by adding new decision-makers in ized by the interface between land and sea. coastal spaces – which will certainly com- Thus, rather than delving into what the
the matter: it defines that States and Mu- In addition, it establishes the Management pete with other policies such as fishing, real and effective dismemberments that
nicipalities can institute their respective Instruments for the Coastal Zone and the land occupation and housing, etc.; occurred from this national creation were,
Coastal Management Plans and that the Seafront, as well as the competences of . the establishment of the manage- an effort was made to show the complexity
three levels (federal, state and municipal) each federal entity in the structuring, im- ment process to improve the quality of of correlating so many environments, de-
can regulate land use and occupation, un- plementation, execution, and monitoring life of its population and the protection of cision levels, themes and sectors involved
derground and water. Note just as an ex- of Coastal Management. its natural, historical, ethnic and cultural - all intrinsically linked to the sea.
ample, the complexity of this network. As When analyzing in more detail this de-
already mentioned, the regulation of the cree regulating the National Coastal Man-
exploration of the marine subsoil in the agement Plan, of the federal law prior to the
Territorial Sea is the exclusive competence Constitution, it can be seen that there is an
of the Union. However, through this legal underlying, thematic choice. This choice is
but infraconstitutional device, the subsoil much more focused on the environmental

332 BLUE ECONOMY Public Policies Aimed at the Sea 333