CONAMA RESOLUTION 278, May 24, 2001
Published in Official Gazette 138-E, on July 18, 2001, Section 1, pages 51-52
Correlations:
· Complements and changes CONAMA Resolution 3 00/02 (changes heading § 2 of art. 2)
· Regulated through CONAMA Resolution 317/02
Establishes provisions to prevent the logging and the exploitation of Atlantic Forest flora species threatened with extinction.
THE NATIONAL ENVIRONMENT COUNCIL – CONAMA, in accordance with the power bestowed upon the Council by Law 6.938 from August 31, 1981, regulated by Decree 99.274 from June 6, 1990, changed by Decree 2.120 from Jan. 13, 199 and in accordance with the provisions of its Internal Regulations, annex of Administrative order 326 from Dec. 15, 1994, and
Considering that the Atlantic Forest Biome is a national patrimony, according to the provisions of § 4 of art. 225 of the Constitution, and that the exploitation of its natural resources must be carried out without prejudice to environmental preservation;
Considering the provisions of art. 19 of the Forestry Code, Law 4.771 from Sept. 15, 1965 and articles 2, 7 and 12 of Federal Decree 750 from Feb. 10, 1993;
Considering that it is a priority to safeguard the growth, conservation and recuperation of the native species of the Atlantic Forest;
Considering the current critical state of flora species threatened with extinction, aggravated by the intense fragmentation of the Atlantic Forest biome, compromising the necessary genetic flow;
Considering the lack of consistent scientific information that can safeguard the sustainable management of flora species threatened with extinction, decides:
Art. 1 To order the Brazilian Institute of Environment and Renewable Natural Resources (IBAMA) to suspend all granted licenses, own licenses granted through delegation of authority to other organs of the National Environment System (SISNAMA), that allow the logging and exploitation of species threatened with extinction, according to the official IBAMA list, of natural populations within the Biome of the Atlantic Forest, until further professional criteria can be establishes, based on scientific research, which can safeguard the sustainability of exploitation and the genetic conservation of exploitable species.
Single paragraph. CONAMA will present, within one year, extendable by an equal period, a proposal for technical and scientific criteria for each species, referred to in the heading of this article.
Art. 2 The occasional exploitation, without direct or indirect commercial objectives, of native flora species threatened with extinction for the consumption within rural properties of by indigenous peoples and traditional populations can be authorized when there is no other possibility to use other species and in accordance with the following directives:
Art. 2 The occasional exploitation, without direct commercial objectives, of native flora species threatened with extinction for the consumption within rural properties of by indigenous peoples and traditional populations can be authorized when there is no other possibility to use other species and in accordance with the following directives: (new text provided by CONAMA Resolution 300/02)
I – exploitation that is not superior to fifteen cubic meters by property or possession during a five year period;
II – priority must be given to dead or fallen trees, through natural causes, and
III –exploitation cannot exceed twenty percent of existing adult stock.
§ 1 The license request for occasional logging that is the subject of this article must contain data related to the height, diameter at breast height (DAP), individual and total volume by species, list of selected trees, previous identification with numbered plaques and a justification for the logging.
§ 2 The authorization will be valid during a sixty day period and can be extended in exceptional cases by a further thirty days, if duly justifiable.
§ 2 The authorization will be issued after a professional inspection by the competent environmental organ and will be valid during a sixty day period and can be extended in exceptional cases by a further thirty days, if duly justifiable. (new text provided by CONAMA Resolution 300/02)
§ 3 The authorization will be issued after a professional inspection by the competent environmental organ.
Art. 3 IBAMA will carry out, every second year, a revision and actualization of the official list containing the fauna and flora species threatened with extinction.
Art. 4 This Resolution shall enter into effect on the date of its publication.
Art. 5 All provisions to the contrary are hereby revoked.
JOSÉ SARNEY FILHO – Council President
JOSÉ CARLOS CARVALHO – Executive Secretary
This text does not substitute the text published in the Official Gazette on July 18, 2001.