CONAMA Resolution 248/99

CONAMA RESOLUTION 248, Jan. 7, 1999
Published in Official Gazette 6 on Jan. 11, 1999, Section 1, pages 62-63
· Complements CONAMA Resolution 240/98
Establishes provisions for sustainable Forestry Management, Environmental Licensing and for the Control and Monitoring of forestry based enterprises within the Atlantic Forest located in the southern region of the State of Bahia.

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 and in accordance with the provisions of its Internal Regulations, and

Considering that it is a priority to uphold the perennial recuperation of natural ecosystems and in particular the primary remains of the Atlantic Forest in medium and advanced stages of recuperation;

Considering the importance of the implementation of Ecological Corridors and the Atlantic Forest Biosphere Reserve for sustainable development and furthermore, that the “cabruca” cocoa agricultural system is one of the best examples of economic activity productivity in relation to the conservation of Atlantic Forest native species with commercial value;

Considering the provisions of articles 1, 2, items II and III, 4, single paragraph and 7 of Decree 750 from Feb. 10, 1993;

Considering that the Forestry Management concept implies that access to native forestry resources is conditioned to the auto-regeneration capacity of the ecosystem;

Considering the Federal Pact signed on July 17, 1998 between the Federal Government and the Bahia State Government, published in the Official Gazette on July 20, 1998 and ion the Official State Diary on Aug. 4, 1998;

Considering the provisions of CONAMA Resolutions 237 from Dec. 19, 1997 and 240 from April 16, 1998, decides:

Art. 1 Determines that economic activities that imply the sustainable use of forestry resources of areas covered by dense ombrophylous forest within the Atlantic Forest, in primary, medium and advanced stages of regeneration in the State of Bahia can only be allowed in accordance with the following directives:

I – Sustainable forest management approved by the Brazilian Institute of Environment and Renewable Natural Resources (IBAMA) or by the state environmental organ and in accordance with the following general principles and technical specifications:
a) natural resource conservation;
b) preservation of the forest’s structure and functions;
c) uphold biological diversity;
d) regional socio-economic development;
e) civil liability of the project technician and contracting party;
f) characterization of physical and biological means;
g) assessment of existing stocks;
h) exploitation intensity that is compatible with local capacity and corresponding forestry typologies;
i) promote the natural regeneration of the forest;
j) adoption of appropriate forestry treatment including re-planting when necessary;
l) adoption of low impact exploitation methods;
m) monitor the development of forest remains;
n) guarantee technical-economic viability and social benefits;
o) presentation of logistical plans for areas that will be subjected to exploitation.
II – Environmental License granted by the Bahia State Environmental Council to the forestry based enterprise must consider:
a) characteristics of the processing unit;
b) full supply of prime forestry resources and information on alternative resource supplies for the creation of forestry plantations with fast growing species, native or exotic;
c) proof of availability of prime forestry resources for a period that is equal or larger to the validity of the environmental license;
d) guarantee the supply of prime forestry resources with one year of antecedence for the period after the end of the validity of the license.
III – Control and Monitoring of forestry based enterprises through the following activities:
a) external audit of the enterprise, every six months, in the areas of exploitation and processing in order to allow the assessment of logistical planning;
b) geo-referencing of management and processing units based on data provided by the “Carta de Vegetação do Estado da Bahia” (Bahia State Vegetation Map);
c) presentation of annual exploitation program, including:
1) Survey of species with commercial value; and
2) Logistical area mapping of the management area that will be annually exploited.

Art 2 The granting of Environmental Licenses to forestry based enterprises and the Sustainable Forestry exploitation in the Low South , Extreme South and South of the State of Bahia in areas of dense ombrophylous forests is conditioned to the undertaking of preceding studies according to the provisions set by CONAMA Resolution 240/98, including:

I – current area survey of the vegetation cover of the remaining forest in the scale of 1:100.000 and through the use of remote sensors and field surveys;
II – survey of forest species with commercial value;
III – chronology proposal presented by the entrepreneur regarding the gradual substitution of native prime resources, full supply plan for planted species, native or exotic, for the local Atlantic Forest located in the State of Bahia.

§ 1 The studies that are the subject of this article can be undertaken with the participation of environmental and/or academic entities from interested States, or directly by the involved entrepreneurial sector, on its own or in association with the public sector.

§ 2 The deadline for the presentation of the studies that are the subject of this article is up to ninety days counting from the date of publication of this Resolution.

§ 3 The studies that are the subject of this article will be forwarded to the Bahia State Environmental Council (CEPRAM) in order to subsidize the granting of the environmental license that is the subject of art. 1, item II, through the application of applicable standards.

Art. 3 Determine that the suppression of native vegetation in agricultural activity areas shadowed by Atlantic Forest trees, “Cabruca”, or in areas covered by vegetation in initial regeneration stages, will only be allowed after the presentation of environmental studies and the authorization granted by the state environmental organ, according to the criteria approved by CEPRAM Resolution 1.157/96, State Law 6.569 from April 19, 1994 and by Federal Pact, without prejudice to other standards that may be instituted.

Art. 4 Determine that the suppression of Atlantic Forest native vegetation for the undertaking of public utility construction, plans, activities or projects, or for urban purposes, according to the provisions of Decree 750/93 and State Law 6.569/94, will only be allowed after the presentation of environmental studies and the authorization granted by the state environmental organ and/or by CEPRAM, according to the principles stipulated by this Council and specific standards established by the Federal Pact.

Art. 5 This Resolution shall enter into effect on the date of its publication.

Art. 6 All provisions to the contrary are hereby revoked.

JOSÉ SARNEY FILHO – Conama President

This text does not substitute the text published in the Official Gazette on Jan. 11, 1999.