CONAMA Resolution 406/09

CONAMA RESOLUTION 406, Feb. 2, 2009
Published in Official Gazette 26 on Feb. 6, 2009, page 100
Establishes technical parameters to be adopted for the preparation, presentation, technical assessment and enforcement of Sustainable Forestry Exploitation Plans (PMFS) related to the logging of native forests and their successional stages, within the Amazon biome.

THE NATIONAL ENVIRONMENT COUNCIL – CONAMA, in accordance with the power
bestowed upon the Council by article 8, item VII of Law 6.938 from August 31, 1981, regulated by Decree 99.274 from June 6, 1990 and according to the provisions of its Internal Regulations, annex to Administrative Order 168 from June 10, 2005, and

Considering the need to integrate the actions of the National Environment System (SISNAMA) in order to implement the Country’s Forestry Policies;

Considering the need to regulate procedures and standardize criteria for the preparation and Amazon Biome;

Considering the provisions set by Laws 4.771 from Sept. 15, 1965; 6.938 from Aug. 31, 1981 and 11.284 from March 2, 2006, and Decree 5.975 from Nov. 30, 2006;

Considering the achievements reached by forest research in the Brazilian Amazon;

Considering the provisions established by federal legislation in relation to exotic or native species forests, decides:

Art. 1 Establish technical parameters to be adopted for the preparation, presentation, technical assessment and enforcement of Sustainable Forestry Exploitation Plans (PMFS) related to the logging, of native forests and their successional stages, within the Amazon biome, which must be enforced by the organs that compose the National Environment System (SISNAMA), on any level of competence, according to the provisions set by this Resolution.

§ 1 This Resolution is not applicable to exotic or native planted forests.

§ 2 Other technical directives that may be adopted for the approval of PMFS will comply with the stipulations set by the competent environmental organ.

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

I – Forestry Exploitation Area (AMF): group of Forestry Exploitation Units that form the PMFS, contiguous or not, located in one single state;
II – Exploitation License (AUTEX): document issued by the competent organ which authorizes the start of the exploitation within the Annual Production Unit (UPA) and specifies the maximum volume, per species, that may be exploited;
III – Logging Cycle: period of time, in years, between successive harvests of forest products, lumber or non-lumber, within one given area;
IV – Diameter at sure of the diameter of a tree measured at 1.30 meters from the soil;
V – Minimum Log Diameter (DMC): minimum tree diameter that allows for its logging within one PMFS;
VI – Logging Intensity: commercial volume of fallen trees for exploitation purposes, calculated through volumetric equations foreseen in the PMFS and based on forestry stock data at 100%, indicated in cubic meters for each area unit (m 3 /ha) subjected to effective forestry exploitation and calculated for each work unit (UT);
VII – Forest Inventory Sample: collection of qualitative and quantitative information on a particular forest through the use of sample processes;
VIII – Continuous Forestry Inventory: system used for forest inventory purposes through the establishment of permanent plots which are periodically measured during the logging cycle in order to collect information on forest growth and production;
IX – Sustainable Forest Exploitation: forest administration in order to reach economic, social and environmental objectives while respecting the mechanisms that sustain the ecosystem that is subjected to exploitation and takes into consideration the cumulative or alternative use of multiple species;
X – Sustainable Forestry Exploitation Plan (PMFS): basic technical document that sets directives and procedures for forest management in accordance with sustainable forestry exploitation principles;
XI – Annual Operational Plan (POA): document delivered to the competent environmental organ containing information defined by its technical directives and specifying the activities that will be undertaken during a 12 month period;
XII – Forestry Exploitation Unit (UMF): area of the rural property that will be used for forestry exploitation;
XIII – Annual Production Unit (UPA): subdivision of the Forestry Exploitation Area which will be exploited during one year;
XIV – Work Unit (UT): operational subdivision of the Annual Production Unit; and
XV – Technical Survey: field assessment in order to subsidize the analysis, follow-up and control, regularly, the operations and activities within the Forestry Exploitation Area (AMF) undertaken by the competent environmental organ.

Art. 3 The classification of the PMFS’s in relation to lumber extraction methods is divided in:

I – PMFS’s that do not foresee the use of machines to drag logs; and
II PMFS’s that foresee the use of machines to drag logs.

Art. 4 The logging intensity proposed in the PMFS will be defined in order to allow for the regulation of forest production and will consider the following aspects:

I – annual productivity estimates of the exploited forest related to commercial species, if studies are not available for the given area the rate 0.86 m 3 /ha/year will be used for the PMFS that uses machines for log dragging purposes;
II – initial logging cycle of a minimum of 25 years and a maximum of 35 years for PMFS’s that foresee the usage of machines for log dragging purposes, and a minimum of 10 years for PMFS’s that do not use machines for log dragging purposes;
III – forest production capacity estimation defined by the available commercial stock (m 3 /ha), and considering:
a) the results of the forest inventory in the Forestry Exploitation Unit (UMF); and
b) the criteria used for the selection of logging trees foreseen in the PMFS.
IV – The following maximum logging intensities that can be granted by competent environmental organs are:
a) 30 m 3 /ha for PMFS’s that foresee the use of machines for log dragging purposes, with initial logging cycle of 35 years;
b) 10 m 3 /ha for PMFS’s that do not use machines for log dragging purposes, with initial logging cycle of 10 years;
c) preservation of at least 105 of the number of trees per species, within the UPA effective
exploitation area, which meet the criteria for logging selection set by the PMFS, respecting the minimum preservation levels of three trees per species in 100 hectare (one hundred hectare) in each Work Unit (UT);
d) preservation of all trees of all species whose abundance of individuals with a DAP higher than the DMC is equal or inferior to three trees per 100 hectare of effective UPA exploitation area, within each Work Unit (UT).Art. 5 The competent environmental organ may authorize, based on studies on the medium volume per tree, a logging intensity above 10 m3/ha, limited to three trees per hectare, for PMFS’s that do not use machines for log dragging purposes.

Art. 6 It is hereby established a DMC of 50 centimeters for all species that have not been the object of specific DMC setting.

Art. 7 Any change to the PMFS parameters defined in articles 4, 5 and 6 is conditioned to the presentation of technical studies which includes justifications presented by the responsible technician and according to the following requirements:

I – characterization of the physical and biological environment;
II – determination of existing stocks;
III – exploitation intensity that is compatible with available commercial stocks and the growth rate of the forest;
IV – logging cycle that is compatible with the time for the re-establishment of the volume of forest exploitation product;
V – promotion of the natural forest regeneration process;
VI – adoption of adequate forestry systems;
VII – adoption of adequate exploitation methods;
VIII – monitoring of the development of forest remains; and
IX – adoption of measures that mitigate environmental and social impacts.

§ 1 The technical studies mentioned in the heading of this article must take into account local peculiarities and specifications and present the scientific principles upon which it is based.

§ 2 Reduction of logging cycles is conditioned to the presentation of proof of basal area recuperation for classes with a diameter that is equal or higher than the DMC, based on continuous forestry stock inventory data.

§ 3 the determination of the DMC for each commercialized species will be achieved through studies that follow available technical directives and consider, simultaneously, the following aspects:

I – diametric distribution of the number of trees with a DAP that is higher or equal to 10 centimeters, per area unit (n/ha) that is the product of a forestry inventory undertaken within the UMF;
II – other ecological characteristics which are relevant for its natural regeneration; and
III – final destination/usage.

Art. 8 It is allowed to collect wastes such as branches and buttresses from exploited trees.

§ 1 The methods and procedures that will be adopted for the extraction and measuring of wastes from forest exploitation must be described in the PMFS as well as their final destination/usage.

§ 2 The authorized collection of wastes from forest exploitation is limited to 1 cubic meter during the, first year, per cubic meter of authorized logs, or defined through cubage.

§ 3 From the second year of forest exploitation residual collection the authorization will only be granted based on dendrometric data for the specific exploitation area or through a residual stock inventory according to technical directives. a.

§ 4 The volume of wastes from forest exploitation will not be included in the logging intensity foreseen in the PMFS and in the POA for the production of lumber

Art. 9. The competent environmental organ will analyze any proposals related to the alteration of parameters foreseen by this Resolution based on technical directives and will forward them to the forestry Technical chamber for a final analysis and decision.

Art. 10. The competent environmental organ will only accept calculations of volume based on erect trees, for second year Annual Operational Plans (POAs) and only through the volume equations specifically developed for the PMFS.

Art. 11. The Forestry Inventory Sample must follow the directives defined by the forest Technical chamber of the competent environmental organ.

Art. 12. The Activity Report must include information related to the difference between the planned volume and the effective exploited volume, per species.

Art. 13. The adoption of processes that allow for the control of the origin of the production, through lumber tracking of exploited trees, is mandatory, from the forest location to the deployment location.

Single paragraph. The competent environmental organs will provide guidelines regarding the procedures mentioned in the heading of this article.

Art. 14. The competent environmental organ must set periods when logging activities are banned as well as the dragging of logs and transportation during the rainy season, PMFS’s for firm-land areas will follow local seasonal aspects.

Art. 15. Reentry into exploited areas is allowed as long as they use the same structure that has been established and approved in the POA, during the validity period of the AUTEX, while considering local seasonal aspects.

Art. 16. The validity of the AUTEX is 12 months and may be extended by another 12 months if duly justified.

Art. 17. The introduction and the execution of PMFSs is conditioned to the presentation of a Notification of Technical Responsibility (ART) by a legally qualified professional.

Art. 18. Exploitation plans will be inspected through samples in intervals of a minimum of two tears per PMFS.

Art. 19. The characterization of the successional stages of the Amazon Biome will the object of specific standards issued by the competent environmental organ.

Art. 20. The adoption of scientific-technical procedures for the identification of the botany of exploited forests is mandatory, in order to safeguard the relation between scientific and popular names within the UMF.

Single paragraph. The issuing of the AUTEX is conditioned to the identification of exploited species by their respective scientific names.

Art. 21. This Resolution shall enter into effect on the date of its publication.


This text does not substitute the text published in the Official Gazette on Feb. 6, 2009.