Maurício D. dos Santos

Maurício Duarte dos Santos
PhD Candidate, Universidade Presbiteriana Mackenzie (UPM), Brazil

PHD candidate at Universidade Presbiteriana Mackenzie (UPM), São Paulo (Political and Economic Law Program). Master in Environmental Law. Professor and researcher in: Environmental and Constitutional Law, Surfing Reserves and Governance, Disaster Management and Law of the Sea. Member of the Brazilian Association of Professors of Environmental Law. Member of research groups “Law for Sustainability: Building a Legal Component for the IUCN Natural Resource Governance Framework”; “The Brazilian Strategy for the Sustainable Management of Marine Living and Non-Living Resources (UPM)”; “Law and sustainable development (UPM)”; and “Surf and Sustainability Research Group – UFSC”. Former vice president of Santos Association of Surfing. 28 years of surfing.

Presentation Title: Marine Protected Areas, Surfing Reserves and the Protection of Socio-Biodiversity
Presentation Day: Tuesday 14th March
Presentation Time: 2.00 - 2.20pm

This summary presents a reflection on the legal status of “surfing reserves” as an emerging category of protected area. The experience of New Zealand and Australia in the adoption of this institute was analyzed, as well as the model of ‘World Surfing Reserves’, proposed by non-governmental organizations. Based on environmental governance, it aims to contribute to marine and costal socio-biodiversity protection and the exceptional attributes of those areas, particularly the scarce and finite surf breaks and the surf culture. In this sense, it argues an improvement of Brazilian national policy on socio-biodiversity protection in those biomes trough insertion of surfing reserves in the National System of Units of Conservation (SNUC) or protecting surf breaks by already existing categories. The national marine parks (PARNA) and the environmental protection marine and coastal areas (APA) can realize this role. Concerning federal areas, there are at least 04 APA and 06 PARNA marines with this profile. In this scenario, an exploratory research was carried out to identify the existence of actions quantitatively and qualitatively foreseen in the respective management plans in terms of protection of surf breaks and surf culture, as well as if there is representativeness of the surf community in the management councils’ areas. At the same time, a study was carried out involving the case of Guarda do Embaú beach, in the municipality of Palhoça/SC, recently declared a World Surfing Reserve, with the purpose of knowing: a) how was the process of obtaining this title, which can be verified through the application documents; b) how the management of this reserve will be managed, especially if there is interlocution with the management of the conservation units in which this beach is inserted; c) and if there are potential conflicts of use of this marine-coastal space and its attributes. In relation to objectives "b" and "c", the qualitative research method was applied by "snowball" sampling due to the difficulty in specifying the group to be surveyed - in this case the local community (data obtained through semi-structured interviews). The legal recognition of surfing reserves is linked with the National Plan for Protected Areas (PNAP) objective of consolidating a comprehensive, ecologically representative and effectively managed system of protected areas. It also can be considered regarding the national goal of increasing in quantity and quality the coverage of marine protected areas, respecting Brazil´s commitments under the Convention of Biological Diversity (CBD) and the 2030 Agenda for Sustainable Development.