CONAMA RESOLUTION 346, August 16, 2004
Published in Official Gazette 158 on August 17, 2004, Section 1, page 70
Regulates the use of wild native bees as well as the introduction of beehives.
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,
Considering that native wild bees, in any phase of development, that live freely outside of the beehive, are part of the Brazilian wild fauna;
Considering that bees and their nests, shelters and natural beehives are a common good and a public property according to the provisions of art. 225 of the Federal Constitution;
Considering the value of meliponiculture for the local and regional economies and the importance of the pollination carried out by wild bees for the stability of ecosystems and the sustainability of agricultural practices; and
Considering that Brazil, as a signatory of the Convention on Biological Diversity (CBD) which proposed the “International Initiative for the Conservation and Sustainable Exploitation of Pollinators”, approved by Decision V/5 of the CBD Conference of Parties during 2000 and the Action Plan approved by DECISION v/15 of the Conference of the Parties during 2003, decides:
CHAPTER I
General Provisions
Art. 1 This Resolution establishes regulations for the protection and exploitation of wild native bees and for meliponiculture practices.
Art. 2 The following definitions are applicable to all purposes of this Resolution:
I –exploitation: the breeding of native wild bees, and the extraction of honey or any byproducts, for commercial purposes, scientific research, leisure activities and for home and family consumption, aimed at the conservation of the species and plant pollination;
II – meliponiculture: locations used for the rational breeding of native wild bees, composed of a group of colonies located in beehives specially designed for the management and maintenance of the species.
Art. 3 The exploitation and commerce of bees and meliponiculture products is allowed but conditioned to the authorization of the competent environmental organ, as well as the capture of colonies and specimen for meliponiculture purposes through the use of bait-hives.
Art. 4 The commercialization of colonies or parts of colonies is allowed as long as they are the product of artificial breeding and capture methods through the use of bait-hives.
CHAPTER II
Licenses
Art. 5 The sale, marketing, acquisition, guarding, captivity or storage, exportation and use of wild bees and their products, as well as the commerce of honeycombs or of adult bee species is allowed if they originate from breeding activities licensed by competent environmental organs.
§ 1 The licenses mentioned in the heading of this article will only be valid after the registration of the breeder in IBAMA’s Federal Professional Registry (CTF) and after the granting of a license for operations related to the breeding of wild native bees.
§ 2 Meliponiculture practices with less than fifty beehives and aimed at the production of artisanal products from natural local native bees within the producers geographical region is exempted from licenses.
§ 3 The collection of natural colonies for the establishment or development of meliponiculture activities is allowed if it uses bait-hives or other non-destructive methods and conditioned to a license granted by the competent environmental organ.
Art. 6 The transportation of native wild bees between States is conditioned a license issued by IBAMA, without any prejudice to other possible public demands, it is however forbidden to breed native bees outside of their natural geographical region, except for scientific purposes.
Art. 7 Deforestation and enterprises subjected to environmental licenses must facilitate the collection of colonies living within impacted areas or forward them to the nearest licensed meliponiculture.
Art. 8 IBAMA or the respective competent environmental organ may authorize, through the presentation of professional justification, the control of the blooming of vegetation species, or animals, that pose a threat to native bee colonies, within the property that manages the meliponiculture activities.
CHAPTER III
Final Provisions
Art. 9 IBAMA must, within six months from the date of publication of this Resolution, release the list of standards for the regulation of activities related to the breeding and commerce of wild native bees.
Art. 10. Noncompliance with the provisions of this Resolution will subject offenders to, among other, penalties and sanctions foreseen by Law 9.605 from Feb. 12, 1998 and its respective regulations.
Art. 11. This Resolution does not exempt the obligation to abide to legislation related to genetic patrimony, the protection and the access to associated artisanal knowhow and the distribution of information for scientific research, technological development and bio-prospection.
Art. 12. This Resolution shall enter into effect on the date of its publication.
MARINA SILVA – Council President
This text does not substitute the text published in the Official Gazette on Aug. 17, 2004