CONAMA Resolution 310/02

CONAMA RESOLUTION 310, July 5, 2002
Published in Official Gazette 144 on July 29, 2002, Section 1, pages 78-79
Establishes provisions for the sustainable forest management of the Bracatinga (Mimosa Scabrella) in Santa Catarina State.

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 its Internal Regulations, annex to Administrative Order 326 from Dec. 15, 1994, and Considering that the provisions of Law 4.771 from Sept. 15, 1965, changed by Law 6.938 from Aug. 31, 1981, Decree 750 from Feb. 10, 1993, in particular art. 2, and CONAMA Resolutions 1 from Jan. 23, 1986, 10 from Oct. 1, 1993, 4 from May 4, 1994 and 237 from Dec. 19, 1007, and

Considering the need to regulate the exploitation of native forest species in the Santa Catarina State within areas covered by secondary vegetation in advanced and medium stages of regeneration, decides:

Art. 1 The forestry exploitation of the Bracatinga (Mimosa scabrella) in native forest areas covered by secondary vegetation in advanced and medium stages of regeneration will only be allowed according to the provisions set by this Resolution.

Art. 2 For the purpose of this Resolution, exclusively, we consider initial regeneration stages forest formations with a density of over two thousand five hundred Bracatinga individuals per hectare, with DAP equal or over five centimeters.

Single paragraph. The logging, for exploitation purposes, of other arboreal trees within the above area is hereby banned.

Art. 3 The undertaking of sustainable forestry exploitation that is the subject of this Resolution is conditioned to exploitation that upholds the community or, in exceptional cases, through plantation exploited through selective logging.

Art. 4 The following general principles, technical elements and criteria must be followed in order to achieve the sustainable exploitation through the upholding of the community, according to art. 3:

§ 1 General principles:
a) conservation of natural resources;
b) conservation of forest structure and function; and
c) upholding of biological diversity.
§ 2 Technical elements:
a) solid survey of available resources in order to safeguard the reliability of information included in the sustainable forest exploitation plan;
b) characterization of forest structure and forest location area;
c) identification, analysis and control of environmental impacts, according to pertinent legislation;
d) adoption of forest exploitation processes that minimize ecosystem damage;
e) existence of a seed propagation plan which safeguards sustainable production;
f) uphold species population levels of the exploited species in order to safeguard protection for flora and fauna species threatened with extinction;
g) establishment of areas with maximum yearly logging levels, according to the logging cycle of the exploited species;
h) adoption of an adequate forestry system;
i) use of adequate plantation techniques, whenever necessary.
§ 3 Criteria:
a) exploitation limited to forty percent of the number of existing individuals of the species within the managed area; and
b) conservation of at least fifty reproductive individuals of the species (matrix or seed-bearing) per hectare.
§ 4 The application for exploitation that is foreseen by this article must be made through the presentation of a Sustainable Forestry Exploitation Plan – PMFS, exclusively for the Bracatinga.

Art. 5 The exploitation of populations through selective logging will be allowed, in exceptional cases, within Bracatinga formations with a density of between one and three thousand trees per hectare and with a DAP equal or superior to five centimeters, according to the text of art. 3.

§ 1 Licenses for sustainable forestry exploitation up to seventy percent of the area is limited to rural properties of up to fifteen hectare or up to five percent of the total area in other properties.

§ 2 The application for a license that foreseen by this article must be made through a Simplified Logging Application (RSC) that is included in annex I, and presented to the Brazilian Institute for the Environment and Renewable Natural Resources (IBAMA) by the land proprietor.

Art. 6 The selective logging or sleaze of forest formations in the initial stage with high Bracatingadensity (Mimosa scabrella), may be allowed in order to maximize productivity and to hinder species density rates of over two thousand five hundred individuals per hectare.

Art. 7 The PMFS will be substituted by a Simplifies Logging Application (RSC), included in annex I, for properties with an area that is inferior to thirty hectare.

Art. 8 Cases related to the exploitation of areas under five hectare, within properties with a total exploitation area that is equal or inferior to four fiscal modules of the respective region and not over thirty hectare, the license for the exploitation may be granted trough a Simple Application (SS) addressed to IBAMA, based on a technical report issued by a competent professional and according to the terms of annex II.

Single paragraph. Exploitation areas of up to two annual hectare can also be used for subsistence agricultural practices, through intercropping and rotation practices

Art. 9 The authorization for cases related to the plantation of Bracatinga (Mimosa scabrella), either as a monoculture, mixed reforestation or agro-forestry systems, duly proved through IBAMA registration and posterior inspection by direct information sent to IBAMA through the use of the form contained in annex III.

Art. 10. PMFS, RSC and SS will only be approved for properties that can present proof of:

I – registration, conservation and adequate recuperation of Legal Reserve areas; and
II – conservation and recuperation of permanent preservation areas and other protected areas.

Art. 11. PMS, RSC and the report for the SS must be executed by a legally qualified professional and registered with IBAMA, who assumes responsibility for the data, according to pertinent regulations.

Art. 12. The licenses for PMFS, RSC or SS exploitation represent a proof control tool of the origin of forestry raw-materials.

§ 1 A license for the Transportation of Forestry Products (ATPF) will be granted to holders of approved PMFSs, RSCs or SSs when he/she is the recipient of the forestry raw-materials or to a buyer registered by IBAMA though the presentation of a Forestry Product Sales Statement (DVPF) according to Administrative Order 125-N from Nov. 22, 1993, issued by IBAMA.

§ 2 The ATPF will be supplied through the filling of fields one to eight and fourteen to sixteen after then issuing of the Exploitation Authorization.

Art. 13. The PMFS, foreseen by art. 4, and the RSC foreseen by art. 5 and the SS foreseen by art. 8 or the information of plantation foreseen by art. 9 may be forwarded to other state or municipal organs provided the present a technical structure that will allow for assessments according to pertinent regulations and as long as they are SISNAMA members.

Single paragraph. The organs that are the subject of the heading of this article must inform IBAMA and request the issuing of ATPFs, according to pertinent regulations.

Art. 14. The conversion of exploited areas for other uses is hereby banned.

Art. 15. IBAMA is responsible for the inspection of PMFS, RSC and SS compliance in order to fulfill the provisions set by this Resolution.

Single paragraph . In case of verified irregularities or illegal actions IBAMA must:

I – undertake due diligence and apply the respective sanction;
II – promote public civil action;
III – provide official information to the Federal Public Ministry aimed at the introduction of civil or criminal processes; and
IV – inform the respective competent professional council that has registered the responsible professional in order to assess his/her professional responsibility.

Art. 16. The IBAMA responsibilities that are the subject of the previous article may be delegated to organs that are mentioned in art. 13 provided they possess an adequate structure according to pertinent regulations and provided they are SISNAMA members.

Art. 17. Non-compliance with the provisions set by this Resolutions will subject offenders to criminal and administrative penalties foreseen by Law 9.605 from Feb. 12, 1998 and Decree 3.179 from Sept. 21, 1999 and in other applicable standards and without prejudice to the reparation of damages according to § 1 of art. 14, of Law 6.938 from 1981.

Art. 18. Operational questions related to this Resolution should be complemented through inter-institutional regulations in cooperation with IBAMA and the respective state and/or municipal organs.

Art. 19. Licenses granted according to the provisions set by this Resolution will be valid for a period of up to five years.

Single paragraph. The extension of licenses is allowed if all provisions set by this Resolution and other applicable standards have been fulfilled and the entrepreneurs can present proof that he/she has fulfilled his/her obligations included in the previous license.

Art. 20. This Resolution shall enter into effect on the date of its publication.

MARCUS PESTANA – Acting Council President