Forestry Code Research Articles

Impact of the new brazilian forestry code on the adequacy of small farm households to the environmental law

In order to evaluate the effects of Brazil’s new Forest Code on the legal status of farm households, 17 farms, located in Portal da Amazonia territory, northern Mato Grosso state, and managed in either conventional specialized farm (CPS) or organic (OPS) production systems were studied. The total area per farm, as well as the surfaces of legal reserve units and preservation areas were measured by using Geographic Information System (GIS), to allow a comparison of these data with legal requirements for the Amazon Region. Most of the small farm households did not comply with the required percentages of land for Legal Reserve (LR) and Permanent Preservation Areas (PPA), in the latter case regarding riparian areas and areas for protection of water sources. Farms under OPS showed better results regarding preservation of native vegetation as well as higher percentages of forest remnants in their LR. Considering the amnesties and exemptions established by the New Forest Code, most farms have complied with the terms and requirements of current Brazilian environmental regulations.

Public policies can reduce tropical deforestation: Lessons and challenges from Brazil

Reducing carbon emissions from deforestation and forest degradation now constitutes an important strategy for mitigating climate change, particularly in developing countries with large forests. Given growing concerns about global climate change, it is all the more important to identify cases in which economic growth has not sparked excessive forest clearance. We address the recent reduction of deforestation rates in the Brazilian Amazon by conducting a statistical analysis to ascertain if different levels of environmental enforcement between two groups of municipalities had any impact on this reduction. Our analysis shows that these targeted, heightened enforcement efforts avoided as much as 10,653km2 of deforestation, which translates into 1.44×10−1PgC in avoided emissions for the 3 y period. Moreover, most of the carbon loss and land conversion would have occurred at the expense of closed moist forests. Although such results are encouraging, we caution that significant challenges remain for Brazil's continued success in this regard, given recent changes in the forestry code, ongoing massive investments in hydro power generation, reductions of established protected areas, and growing demand for agricultural products.

Foreign capital, forest change and regulatory compliance in Congo Basin forests

Tropical forest change is driven by demand in distant markets. Equally, investments in tropical forest landscapes by capital originating from distant emerging economies are on the rise. Understanding how forest outcomes vary by investment source is therefore becoming increasingly important. We empirically evaluate the relationship between investment source and deforestation from 2000 to 2010 in the Republic of Congo. A Congolese forestry code was implemented in 2000 to mitigate degradation of production forests by standardizing all logging in the country according to sustainable forest management (SFM) guidelines. Following the implementation of this law, the majority (73%) of Congo’s production forests were managed by European (40%) and Asian (33%) companies. European concessions had the highest rates of total and core deforestation, followed by Asian concessions, indicating that the fragmentation of intact forests in Congo is strongly associated with industrial logging fueled by foreign capital. European concession holders were also far more likely to comply with SFM policies, followed by Asian concessions, suggesting that compliance with Sustainable Forest Management policies may not mitigate degradation in tropical production forests. Further evaluation of the relationship between investment source, regulatory compliance, and outcomes in tropical countries is essential for effective conservation of tropical forest ecosystems.

OS ECOSSISTEMAS DUNARES E A LEGISLAÇÃO AMBIENTAL BRASILEIRA

DOI: http://dx.doi.org/10.12957/geouerj.2013.5546 Brazil covers various ecosystems, including the dune, a complex endowed with naturalfeatures interdependent and interconnected among them, mobile and fixed dunes,deflation plains and beaches. However, the current Brazilian environmental legislationat the federal level does not seem to understand and / or consider such relevant features,in view of the Federal Law No 12.651-2012 (Forestry Code) which presents the fixeddunes as a feature separate from the others, characterizing them as PermanentPreservation Areas and other features of the dune ecosystem, no. The paper presentsscientific concepts and legal reasoning that the dunes are treated as an ecosystem andthat this is protected under federal law under this fundamental premise, under the samerisks that the alleged sectorized legal protection is compromised by forms of historicaland current use and occupation of the ecosystem in the country.

<b> O novo Código Florestal e a ECO-92 </b> - doi: 10.5102/rdi.v9i3.1795

This paper is a comparative study of the bill of the New Forestry Code and the ECO-92. The goal is to analyze the compatibility of certain articles of the bill and principles established in Rio de Janeiro Conference of 1992. Throughout the text will be held the view that the approval of the Code, on such terms as proposed, is a setback for the efforts of the Brazilian government and the international community to halt deforestation and promote the development of biodiversity. However, the criticism is not a mere reflection of the passionate debate between rural and environmental, that permeates discussions about the new Code, but a study of the principles of sustainable development and the precautionary and the importance of the participation of civil society on issues affect the protection of the environment. It is hoped that these principles and ideals set forth in the ECO-92 and that Brazil has pledged to meet, are taken into account in the approval process of the New Forest Code is re-discussed at the United Nations Conference on Environment, Rio + 20.

A Amazônia na Rio+20: as discussões sobre florestas na esfera internacional e seu papel na Rio+20

As florestas apresentam uma situação única e muitas vezes contraditória na esfera internacional. Tema transversal, inerente às principais discussões ambientais e sociais atuais, o regime de florestas não apresenta um documento internacional de leis vinculativas. A situação do tema na Rio+20 também foi contraditória, já que apesar de perpassar os temas discutidos, as florestas não fizeram parte da agenda oficial do evento. No entanto, o momento de mudanças vivido no Brasil contribuiu para que o tema, em particular a Amazônia, fosse exaustivamente discutido em eventos paralelos. Quatro questões dominaram o debate - a construção de Belo Monte, o desmatamento, as unidades de conservação e o código florestal - evidenciando o papel central da Amazônia não apenas no Brasil, mas também na esfera internacional. O objetivo deste artigo é apresentar uma análise dessa qualidade singular do tema florestas na agenda ambiental internacional e o papel da Amazônia no encontro das Nações Unidas.

D. Brazil

2012 was a great year for the environment in Brazil. Not only did Brazil host the UN Conference on Sustainable Development (Rio + 20), which guaranteed continued attention to the country’s environmental activities from both the government and the press, but it also played a role in achieving a solution (however controversial) to the Forestry Code debate within the country and forced the enactment of a National Policy on Solid Wastes (which theoretically led to the termination of what some considered the largest solid waste dump site in Latin America, known as Gramacho). This decision foresees more modern and sustainable practices and projects the country into international discussions on sustainable development. Major steps were taken in different fields, such as in biodiversity, when Brazil joined the Global Biodiversity Information Facility (GBIF) in October. Unfortunately, there has also been major destruction in the cities—not only along the coast—due not only to excessive rainfall but also in good measure to the lack of planning/investment on the part of authorities, and it has come at a great human and financial cost. One could paraphrase Bob Dylan, who sang: ‘How many deaths will it take, till they know, that too many people have died?’

Russia’s Perfect Firestorm: Climate Adaptation Lessons from the Summer of 2010

Record-high temperatures, drought, and ensuing wildfires devastated Central Russia in the summer of 2010. But even before the temperatures and smog peaked, many started wondering about a possible connection between the natural disaster and climate change. In this paper I view Russia’s response to the 2010 fires (prevention and suppression) through the lens of climate adaptation. Namely, I examine the damage from the fires, as well as how the causes of the fires connect to climate change. Additionally, I review Russia’s response to the forest fires and analyze the legal and policy framework that served as the foundation for the response. Finally, after summarizing the results of my inquiry, I examine the Russian government’s policy response to the 2010 fires with a particular focus on amendments to the Forestry Code and the new Federal Law, “On Volunteer Firefighting Force.”

5. South America

During the year, Congress did not reach an agreement on the proposed reform of the Forestry Code; oil spills continued to happen; and concern arose about possible undesired consequences of exploring the so-called ‘pre-salt’ oil reserves. Nevertheless, environmental awareness seems to be growing in Brazil. Popular pressure is increasing, becoming more organized, and forcing even the most recalcitrant federated states to produce legislation, and business is becoming increasingly aware of the advantages of ‘going green.’ Proof of this environmental awareness can be seen in the energy sector, which has been under enormous pressure, as demonstrated by the legal battle in the construction of the hydropower plant of Belo Monte. Resolutions by the National Council for the Environment (CONAMA) include: ... CONAMA Resolution 429 of 28 February 2011 establishes the methodology to be used in the recuperation of permanent preservation areas. In the same sense, Normative Instruction no. 16 of the Chico Mendes Institute for Biodiversity Conservation (ICMBio) ruled on the guidelines and administrative procedure for approval of sustainable forestry management plans, which are to be submitted by traditional communities benefiting from a conservation unit in order to exploit wood resources within extractivist reservations, sustainable development reservations, and national forests. Different criteria apply to, and are to be met by, different units. The normative instruction lists the documents required for submission and analysis of plans.

Mudanças no Código Florestal e seu impacto na ecologia e diversidade dos mamíferos no Brasil

Os ecossistemas florestais do Brasil abrigam um dos mais altos níveis de diversidade de mamíferos da Terra, e boa parte dessa diversidade se encontra nas áreas legalmente protegidas em áreas de domínio privado. As reservas legais (RLs) e áreas de proteção permanente (APPs) representam estratégias importantes para a proteção e manutenção dessa diversidade. Mudanças propostas no Código Florestal certamente trarão efeitos irreversíveis para a diversidade de mamíferos no Brasil. Os mamíferos apresentam papéis-chave nos ecossistemas, atuando como polinizadores e dispersores de sementes. A extinção local de algumas espécies pode reduzir os serviços ecológicos nas RLs e APPs. Outra consequência grave da redução de áreas de vegetação nativa caso a mudança no Código Florestal seja aprovada será o aumento no risco de transmição de doenças, trazendo sério problemas a saúde pública no Brasil.

Restricted-range fishes and the conservation of Brazilian freshwaters.

BackgroundFreshwaters are the most threatened ecosystems on earth. Although recent assessments provide data on global priority regions for freshwater conservation, local scale priorities remain unknown. Refining the scale of global biodiversity assessments (both at terrestrial and freshwater realms) and translating these into conservation priorities on the ground remains a major challenge to biodiversity science, and depends directly on species occurrence data of high taxonomic and geographic resolution. Brazil harbors the richest freshwater ichthyofauna in the world, but knowledge on endemic areas and conservation in Brazilian rivers is still scarce.Methodology/Principal FindingsUsing data on environmental threats and revised species distribution data we detect and delineate 540 small watershed areas harboring 819 restricted-range fishes in Brazil. Many of these areas are already highly threatened, as 159 (29%) watersheds have lost more than 70% of their original vegetation cover, and only 141 (26%) show significant overlap with formally protected areas or indigenous lands. We detected 220 (40%) critical watersheds overlapping hydroelectric dams or showing both poor formal protection and widespread habitat loss; these sites harbor 344 endemic fish species that may face extinction if no conservation action is in place in the near future.Conclusions/SignificanceWe provide the first analysis of site-scale conservation priorities in the richest freshwater ecosystems of the globe. Our results corroborate the hypothesis that freshwater biodiversity has been neglected in former conservation assessments. The study provides a simple and straightforward method for detecting freshwater priority areas based on endemism and threat, and represents a starting point for integrating freshwater and terrestrial conservation in representative and biogeographically consistent site-scale conservation strategies, that may be scaled-up following naturally linked drainage systems. Proper management (e. g. forestry code enforcement, landscape planning) and conservation (e. g. formal protection) of the 540 watersheds detected herein will be decisive in avoiding species extinction in the richest aquatic ecosystems on the planet.

Análise do instituto da Reserva Legal e do atual cenário de degradação

Pretende-se analisar o instituto da Reserva Legal, criado pela Lei nº 4.771/65 – Código Florestal, o qual estabelece a necessidade de manter um percentual entre 20% e 80% de florestas ou demais formas de vegetação nativa nas propriedades rurais, como forma de conservar a sanidade da terra e propiciar um meio ambiente ecologicamente equilibrado. Serão abordados também os mecanismos de adequação e flexibilização, como por exemplo a recuperação pela regeneração natural e a compensação, criados com o intuito de possibilitar aos proprietários e possuidores de imóveis rurais a adequação à legislação. No entanto, a existência de normas regulamentando a proteção da Reserva Legal tem se mostrado ineficiente, tendo em vista o alto grau de descumprimento da norma. Diversos são os números comprovando este fato e as razões apontadas. O objetivo do trabalho é, portanto, analisar a Reserva Legal e seus mecanismos, bem como o porquê do baixo índice de efetividade.

Valoração das Áreas de Preservação Permanente na Bacia do Rio Alegre-ES

This GIS-based study analyzed the economic impact resulting from law enforcement of the Brazilian Forestry Code in relation to demarcation and implementation of permanent preservation areas (PPA’s) in the Alegre river watershed, Alegre – ES. Using the Faustmann formula, the total annual net revenue resulting from productive activities for these areas was found to be approximately R$ 1 million. This figures led to the conclusion that the monthly net contribution of each hectare of deforested PPA’s is only R$ 11. Thus, the implementation of policies as incentives for environmental preservation is not only feasible but necessary.

Authority over Forests: Empowerment and Subordination in Senegal's Democratic Decentralization

ABSTRACTSenegal's 1998 forestry code transfers rights to control and allocate forest access to elected rural councils, ostensibly giving the elected authorities significant material powers with respect to which they can represent the rural population. But the Forest Service is unwilling to allow rural councils to exercise these powers. To retain control, foresters use pressure, bribes and threats while taking advantage of the inability of the rural representatives to influence actors higher up in government. They justify themselves with arguments of national good and local incompetence. The foresters ally with urban‐based forest merchants and are supported by the sub‐prefect. Despite the transfer of forest rights, the foresters continue to allocate access to lucrative forest opportunities — in this case charcoal production and exchange — to the merchants. Despite holding effective property rights over forest, such as the right to exclude others, rural councils remain marginal and rural populations remain destitute. The councils cannot represent their populations and therefore cannot gain legitimacy: they have no authority. Despite progressive new laws, the Forest Service helps to maintain Senegal's healthy urban charcoal oligopsonies, while beating back fledgling local democracy.

Evolution and Development of a Code for Private Native Forestry in New South Wales, Australia

Until recently the focus of forestry regulations in New South Wales (NSW) was on public rather than private lands. This paper describes the process of developing legislation to control where and how private native forestry takes place. To date, the lead agency in attempting to formulate a clear policy has been the Department of Natural Resources. First, through a series of committee meetings of representatives of key stakeholder groups, a draft private native forestry code was devised and was released for public comment. After a period of intense negative reaction from both those in favour of continuing timber production in native forests and those in favour of requiring that private lands be managed as nature reserves, the draft code was withdrawn and a government-appointed committee then began again the process of drawing up a code acceptable to most stakeholders.

Forestry disputes in provincial France during the nineteenth century: the case of the Montagne de Lure

The nineteenth century in France marked the origins of modern forest management. Two important dates mark the advent of the organisation of forestry: first in 1824, the creation of the Forestry School in Nancy, and then in 1827 the adoption of a Forestry Code specifying to what extent forests were to submit to the forestry regime. Throughout the nineteenth century, forestry administration crystallised the resentment of village communities in the Montagne de Lure through the increasingly strict management of activities linked to the forest. During the 1800s almost all foresters, with a few exceptions, claimed they were the ones who knew the truth and represented collective interests against local populations that they judged to be ignorant and not very concerned with the future. The policy of Restoration of Mountain Terrain (RTM) that was put in place in the Montagne de Lure near the end of the nineteenth century marks the outcome of such a process. It reflects the power of the centralised body of forestry engineers over forest management in France and the decline of local communities, weakened by massive rural depopulation and by a succession of economic crises. Forest space therefore crystallises during these decades of dispute between local and central power.

Knowing a socially sustainable forest when you see one: Implications for results-based forestry

The wider forestry community is struggling to define what the third leg of sustainability—social sustainability—actually means. While work is now underway to develop better social Criteria and Indicators for sustainable forest management in BC and elsewhere, it is already becoming clear that the social process of decision-making and management can be as important to society as the social outcomes. This has significant implications for a results-based system such as certification or a new Forestry Code in BC. This paper explores what a truly open and accountable planning process might look like. The achievement of social sustainability depends in part on society seeing tangible proof that forestry is ecologically sustainable and carefully designed. For many of the local and global publics, the forest landscape itself provides strong evidence of forest manager's performance. The concept of Visible Stewardship, the obvious expression of care and commitment to sustainable forestry, and emerging tools such as computer visualisation of future forests, may be vital to building trust in sustainable forestry. Key words: social sustainability, social criteria and indicators, public involvement, forest stewardship, visual quality, visualization, public perceptions

Southern African Institute of Forestry Code of Ethics

Southern African Institute of Forestry Code of Ethics

From exclusion to participation: Turning Senegal's forestry policy around?

A century of centralized forestry policies has excluded Senegal's forest villagers from charcoal production and marketing. Policies have given access to marketing and labor opportunities to urbanbased merchants who hire Guinean migrant laborers. While forest villagers neither produce nor consume charcoal, commercial production is cutting forests on which villagers rely. In 1993, progressive forestry agents ushered in a new “participatory” forestry code. But, this new policy may not be equitable nor beneficial, and it risks adding control over village labor (for forest management) to the long list of Forest Service controls. Locally accountable representation, local decision-making powers and simple local management enabling policies could diminish these risks.

Transtlation of “Presidental Degree No.705-Revised Forestry Code of the Philippines”

Transtlation of “Presidental Degree No.705-Revised Forestry Code of the Philippines”