Excavated tanks and artificial structures, is set to be treated distinctly from aquaculture activities carried out in seas, rivers, and lakes

Aquaculture Production on Private Land Gains New Regulatory Framework

BRAZIL
Tuesday, December 16, 2025, 00:10 (GMT + 9)

Bill Aims to Reduce Bureaucracy and Boost Legal Security by Differentiating Private and Public Water Operations

A significant shift is underway in the regulation of aquaculture in Brazil. Production developed on private properties, specifically in excavated tanks and artificial structures, is set to be treated distinctly from aquaculture activities carried out in seas, rivers, and lakes. This core change is introduced by Bill 4.162/2024, which was reported by Deputy José Rocha (União-BA) and approved on Thursday (11) in the Committee on Constitution and Justice and Citizenship (CCJC).

Photo: Grupo Aguas Claras

The proposal, authored by former president of the Parliamentary Agricultural Front (FPA), Sérgio Souza (MDB-PR), seeks to update Law No. 11.959/2009. The main goal is to correct definitions currently considered too broad and to adjust the level of state control based on the specific environment where the production takes place.

The current legislation utilizes an overly expansive concept of "fishing activity," which forces producers operating in excavated tanks or artificial structures on private land to comply with the same requirements imposed on aquaculture in seas, rivers, and lakes. As the latter are considered public assets, they necessitate authorization, concession, or a license from the State.

According to Souza, this current approach fails to recognize the dynamics of modern rural production. "We are presenting this project to clearly distinguish the activity carried out on public property from that carried out on private land, adapting the State's control instruments to each reality," he stated.

The bill makes it clear that aquaculture practiced in public waters will remain subject to the existing licensing and authorization regime. Conversely, production in tanks and artificial structures located on private properties will be regulated more appropriately to its nature, concentrating on environmental preservation and food safety while removing unnecessary bureaucracy that currently impedes investment and innovation in the sector.

The rapporteur for the matter and member of the FPA, Deputy José Rocha, underscored the positive developments of the proposal. “This opinion reaffirms the commitment to the responsible modernization of the legal framework for aquaculture. Recognizing the particularities of production on private property is to advance legal certainty and to stimulate sustainable economic activity.”

If there are no procedural appeals, the bill will proceed to the Federal Senate for further review.

Source: FPA Press Office

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