CONAMA Resolution 384/06

CONAMA RESOLUTION 384, December 27, 2006
Published in Official Gazette 249 on Dec. 29, 2006, Section 1, pages 663 – 664
Regulates the provisional concession of domestic storage of seized wild animals and makes other provisions.

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 considering the provisions of Laws 5.197 from Jan. 3, 1967 and 9.605 from Feb. 12, 1998 and regulatory Decree 3.179 from Sept. 21, 1999;

Considering the need to regulate the temporary domestic housing of Brazilian wild fauna animals apprehended by environmental inspection organs of the National Environment System (SISNAMA) when it has been proven that it is not possible to follow the demands foreseen in art. 2, § 6, item II, lines “a” and “b” of Decree 3.179 from Sept. 21, 1999, decides:

Art. 1 Regulate the housing that is the subject of art. 2, § 6, item II, line “c” of Decree 3.179 from Sept. 21, 1999 through the concession of an Temporary Domestic Housing License, contained in Annex II of this Resolution, exclusively for amphibian animals, reptiles, birds and mammals from the Brazilian wild fauna that were apprehended during inspection activities undertaken by SISMAMA organs.

§ 1 The animal Temporary Domestic Housing License can only be granted according to the provisions of this article and only in cases when it has been proved that it is impossible to fulfill the conditions foreseen in lines “a” and “b”, item II, § 6, art. 2, of Decree 3.179 from 1999, and the respective environmental organ may entrust the animals to a keeper according to articles 627 to 652, of Law 10.406 from Jan. 10, 2002, until the implementation of the above mentioned conditions.

§ 2 The following species cannot be subjected to temporary domestic housing:

I – species that have the potential to invade ecosystems;
II – species that are included in Brazilian official lists of threatened species on a national, state, regional or local level and in Annex I of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) except when previously approved by the Brazilian Institute of Environment and Renewable Natural Resources (IBAMA) or by the competent state environmental organ after the presentation of a professional opinion.

Art. 2 IBAMA is under the obligation to, in cooperation with SISNAMA organs and the respective administrative act; create a nationally shared registry containing data on individuals that are empowered to house domestic animals on a temporary basis.

Art. 3 IBAMA and other competent environmental organs are entitled to create programs for the empowerment, furthering and maintenance of projects for the proper deposition and recuperation of apprehended wild animals.

Art. 4 The Temporary Domestic Housing License will be granted, preferentially, to individuals that have been previously registered by competent environmental organs.
Single paragraph. Individuals interest in the housing of wild animals cannot have committed any environmental offense or be the object of a fauna related penal investigation or legal process.

Art. 5 If the animal cannot be moved from domestic housing during inspection activities because of justifiable causes an emergency and temporary Apprehension and Housing License will be issued for a period that cannot surpass fifteen workdays, and the depositor will be responsible for the apprehended animal until the proper conditions for the destination of the animal are presented by the competent environmental organ.

§ 1 In exceptional cases the Temporary Housing License can be granted to individuals that present an official requirement to the competent environmental organs accompanied by the following information:

I – information on the animal according to Annex I of this Resolution;
II – report by a legally empowered professional stating the health conditions of the specimen as well as its popular and scientific name;
III – information on the location where the animal is housed such as cage and nursery, including the characteristics that will be analyzed in relation to specific legislation, further information and improvements may be requested;
IV – photographs of the enclosure where the animal is houses from a minimum of two angles and which allow for the individual identification of the animal through phenotypical characteristics which will be included in the process annex.

§ 2 The drafting of the Temporary Domestic Housing License, included in Annex II of this Resolution, by the competent environmental organ does not exempt the offender from penalties and sanctions respectively foreseen by articles 29 to 37 of Law 9.605 from 1998 and in articles 11 to 24 of Decree 3.179 from 1999.

§ 3 The drafting of the Temporary Domestic Housing License that is the subject § 1 of this article is conditioned to the previous assessment, undertaken by a legally empowered professional, on the housing conditions and the degree of independence/separation from human beings.

Art. 6 Whenever deemed as convenient by the environmental organ the animal can be withdrawn from temporary domestic housing for conservation purposes.

Art. 7 The Temporary Domestic Housing License, previously authorized by the competent environmental organ, may only be granted to an individual, capable, holder of a Social Security Number (CPF) by residence, if it is immediately impossible to:

I – withdraw or house the animal according to the conditions foreseen by article 2, § 6 , item II, lines “a” and “b” of Decree 3.179 from 1999;
II – fulfill the other demands foreseen by this Resolution;

§ 1 The transfer of the previously authorized by the competent environmental organ. to another registered individual must be previously authorized by the competent environmental organ.

§ 2 The granting of a Temporary Domestic Housing License is limited to a maximum of two animals per individual.

Art. 8 Before the issuing of the Temporary Domestic Housing License the competent environmental organ must, through the use of professional methods, survey the location where the specimen will be housed in order to verify if the conditions are adequate for the survival of the animal.

Art. 9 The temporary housed specimen must, in all possible cases, be identified though a marking according to current specific standards and the costs for the marking will be at the expense of the interested party.

Single paragraph. Breeding of housed animals should be avoided but, if it does occur, it must be communicated to the competent environmental organ within thirty days in order to allow for application of adequate measures.

Art. 10. If the housing party changes his/her residence, he/she must obtain an Animal Transportation License issued by the competent environmental organ, from the original address to the final destination.

Single paragraph. Animal Transportation Licenses will not be granted for transportation to other countries.

Art. 11. The housing party is also bound by the provisions included in items I to XVIII of the Third Clause of Annex II of this Resolution:

I – house and provide all possible care in order to safeguard the wellbeing of the specimen;
II – deliver the housed wild fauna specimen to the competent environmental organ whenever requested;
III – not to change the housing location of the specimen, including in relation to the housing address, unless it has previously been granted a specific authorization from the competent environmental organ or if he/she has been legally ordered to do so, except in in cases of duly proved force majeure and in these cases the housing party is obligated to inform the competent enviro n mental organ within five workdays counting from the date of the occurrence;
IV – the escape of a housed animal must be communicated to the competent environmental organ within five workdays;
V – guarantee the safety and tranquility of neighbors and passerby’s and take responsibility for any damages caused to a third party by the housed animal;
VI – bear all costs related to the animal, including and possible damages caused by the housing of the animal and forego the right to compensation from the competent environmental organ;
VII – provide information on the house animal to the competent environmental organ whenever requested as well as regularize, within the set deadline, any possible infractions registered during inspections or any other process;
VIII – allow and facilitate surveys and inspections undertaken by SISNAMA organs;
IX – if the housed animal is stolen the housing party must register the occurrence at the respective public safety organ and forward a copy, within five workdays, to the competent environmental organ;
X – forward the death certificate issued by a licensed veterinary doctor to the competent environmental organ within thirty workdays after the death of the housed specimen accompanied by the individual marking such as: nose or earring or any other marking;
XI – not make use of the animal for any activities that may cause any damage nor subject it to any kind of exposure without previous and specific authorization issued by the competent environmental organ;
XII – not to increase his/her stock with illegally acquired wild fauna specimens;
XIII – forward, annually, an actualized report issued by veterinary containing information on the life conditions of the housed animal to the competent environmental organ;
XIV – facilitate the transportation of dead animals to universities and other research centers;
XV – not breach, change, substitute or remove the individual marking without previous authorization by the competent environmental organ;
XVI – not erase or change the Temporary Domestic Housing License;
XVII – maintain the Temporary Domestic Housing License accessible and in good maintenance conditions;
XVIII – request a new “Temporary Domestic Housing License” from the competent environmental organ within five workdays if the document is lost or rendered unusable.

Art. 12. The housing party is not allowed to:

I – release wild native specimen or hybrids that were bred in captivity;
II – house animals that were not forwarded by SISNAMA control and inspection organs.

Art. 13. The housing party will retract, annually, the value of the Environmental Control and Inspection Tax (TFCA) foreseen in articles 17-B and 17-C of Law 6.938 from August 31, 1981.

Art. 14. Noncompliance with the demands provisioned in this Resolution will subject the offender to penalties and sanctions, respectively, foreseen by Law 9.605 from 1998, and in 3.179, from 1999, and other possible legal provisions related to the trustee.

Art. 15. Administrative environmental infractions foreseen by Law 9.605 from 1998 and Decree 3.179 from 1999 may lead to the loss of the right to house the specimen and its removal.

Art. 16. The demands and duties foreseen by this Resolution are obligations of relevant environmental interest.

Art. 17. 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 Dec. 29, 2006