CONAMA Resolution 394/07

CONAMA RESOLUTION 394, Nov. 6, 2007
Published in Official Gazette 214 on Nov. 7, 2007, Section 1, pages 78-79
Establishes the criteria for the determination of wild species that can be bred and commercialized as pet animals.

THE NATIONAL ENVIRONMENT COUNCIL – CONAMA, in accordance with the power bestowed upon the Council by art. 6, item II and art. 8, item VII of Law 6.938 from August 31, 1981, regulated by Decree 99.274 from June 6, 1990 and its alterations, and in accordance with its Internal Regulations and the contents of Process 02000.001100/2004-11, e

Considering that Brazil is a signatory of the Convention on Biological Diversity (CBD) that addresses biological diversity conservation objectives and the sustainable exploitation of its components;

Considering the importance to foresee, prevent and combat the original causes behind the decrease or loss of biological diversity; control or eradicate and hinder the introduction of exotic species that threaten ecosystems, habitats or species; and

Considering the need to standardize regulations related to the ex situ exploitation of wild and exotic fauna within the Brazilian territory aimed at the conservation, preservation, breeding and commercialization of animals and thereby decrease the hunting for wild natural species with economic value and the introduction of exotic species, decides:

Art. 1 This Resolution establishes criteria that will be considered in processes aimed at the identification of wild fauna species that may be bred and commercialized as pet animals.

Art. 2 The following concept definitions are used for all purposes of this Resolution:

I – pet animals: animals that originate in the wild fauna, born in a legally established commercial nursery, kept alive under domestic captivity and not for slaughter, reproduction, research or laboratory purposes;
II – wild fauna: all native, migratory and any other wild fauna specimen, aquatic or terrestrial, whose life cycle, entirely or partially, occurs within the limits of the Brazilian territory or waters under national jurisdiction;
III – domestic captivity: the fixed address of an individual or business that is appropriate for the upkeep and management of wild fauna pet animals; and
IV – fauna rescue: capture and collection of wild fauna animals, duly authorized by competent licensing organs, from areas that are subjected to habitat suppression or transformation due to activities or enterprises that exploit environmental resources or activities that are considered as effective or potential polluters.

Art. 3 The Brazilian Institute for the Environment and Renewable Natural Resources – IBAMA, will, within six months from the date of publication of this Resolution, publish a list of species that may be bred and commercialized as domestic pets, according to the provisions of Art. 5 of this Resolution.

§ 1 The creation of the list that is the subject of this article will be accomplished through public hearings with representatives from public and private organizations that are specialized in the subject matter as well as with states, municipalities and society in general.

§ 2 The list of species that is the subject of this Resolution will be reviewed periodically and at least every second year.

§ 3 When a species is excluded from the list the competent environmental organ will define the criteria and deadlines that will be used in order to stop the breeding of the particular species and the same will be valid even for cases that preceded the publication of this Resolution.

Art. 4 According to the provisions of art. 3 and its respective paragraphs the list of wild fauna species that may be bred and commercialized in order to meet pet market demand must take into account the minimum following criteria during its creation and the inclusion or exclusion of species:

I – potential threat of ecosystem invasion of species outside of their original geographical ecosystems;
II – previously recorded invasion or dispersion in ecosystems within Brazil or in other countries;
III – potential threats to human health;
IV – potential threats to animal health or to the balance of natural populations;
V – possible introduction of biological agents that have the potential to cause any kind of hazards;
VI – risks related to the escape or abandonment of the species;
VII – the capacity for individual and definitive identification;
VIII – existing knowledge on the biology, systematics, taxonomy and zoogeography of the species; and
IX – species wellbeing and adaptability in relation to factors such as captivity and domestic pet conditions.

Single paragraph. Aquarium related activities will be the object of a specific CONAMA Resolution.

Art. 5 According to the provisions of art. 225, § 1, item VII, of the Federal Constitution that deals with the ban of practices that pose any possible threat to the ecological function of wild fauna, the capture of natural specimen for the creation of nurseries is conditioned to the non-existence of other sources for this purpose and is restricted to cases proved and authorized by the competent environmental organs and only in accordance with the list that is foreseen by this Resolution, which includes:

I – specimens that currently pose a threat to agro-pecuary activities, public health and ecosystems;
II – fauna specimen that have been rescued and cannot be returned to their natural habitat; and
III – the need, supported by professional studies undertaken or validated by competent environmental organs, to reinvigorate the genetics of captive populations.

Single paragraph. The exception foreseen in the heading can only be adopted if the capture does not compromise the viability of natural populations.

Art. 6 IBAMA will make available an information system on ex situ fauna in order to allow for the control, monitoring and localization of animals from nurseries, commercial establishments and buyers.

Art. 7 The reproduction of acquired specimen and held as domestic pets must be avoided and when it occurs it must be communicated to the competent environmental organs within thirty days in order to allow for applicable measures.

Art. 8 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 Nov. 7, 2007