Presença ilegal de embarcações de pesca na área de segurança das plataformas de petróleo em operação na Bacia de Santos (2014-2019): uma análise sobre as invasões, suas causas, regulação e possíveis soluções

Abstract

This work will deal with the invasion of the safety zones of oil platforms installed in the Santos Basin by commercial fishing, amateur fishing and sport diving vessels, seeking to answer why these invasions have been occurring, since there are already specific rules prohibiting this practice. As a general objective, it is intended to promote a reflection on the invasion of the platform safety zones by fishing vessels, focusing on the activity and risks to the production of oil and gas, and finally to present possible solutions to the problem. The deductive method will be used in this work, starting from the hypothesis that the platforms are attractors of marine life and the fishery product in the platform’s safety zone compensates the risk of possible sanctions. It will then be evaluated the history of fishing records in the safety zones between 2014 and 2019 in the Santos Basin, the risks that arise due to the irregular presence of fishing vessels, studies on marine life in the vicinity of platforms installed in Brazil and worldwide, the history of fishing in the vicinity of platforms in Brazil, conflicts arising from the interference of fishing activity and the oil industry, and finally national and international acts, decrees, ordinances and national rules, which surround the theme, pointing out the reasons that correlate the legal and biological aspects to illegal fishing activity inside safety zones. In this work, the main characteristics of the safety zones invasion activity were identified. Then, risk matrices were obtained for platforms, joint operations and fishing vessels, originating from illegal fishing activity in safety zones. It is concluded that the platforms, soon after being installed, already start to attract fish that are around them. Over time, the submerged parts of its structure become real artificial reefs, serving as shelter, feeding point, nurseries and even regions for production of fish species. It is also concluded that the Navy, as one of the actors involved in the process, permeates for almost every reason for the continuous practice of the invasion of the platform’s safety zones (lack of presence in the platform area, excessively bureaucratic administrative process, sanctions that they are not significant in relation to the fishery product and lack of dialogue with other regulatory agencies), either through their actions, the elaboration and publication of rules, communication and relationships with oil producing companies, fishing community, shipowners and other regulatory agencies. Finally, it is concluded that the solutions presented at the end of this work will be able to reduce, in the short term, and even establish the end, in the medium term, the practice of invasion of the platform’s safety zones by fishing vessels.