Forestry Law Research Articles

Contrasting Forest Loss and Gain Patterns in Subtropical China Detected Using an Integrated LandTrendr and Machine-Learning Method

China has implemented a series of forestry law, policies, regulations, and afforestation projects since the 1970s. However, their impacts on the spatial and temporal patterns of forests have not been fully assessed yet. The lack of an accurate, high-resolution, and long-term forest disturbance and recovery dataset has impeded this assessment. Here we improved the forest loss and gain detections by integrating the LandTrendr change detection algorithm with the Random Forest (RF) machine-learning method and applied it to assess forest loss and gain patterns in the Zhejiang, Jiangxi, and Guangxi Provinces of the subtropical vegetation in China. The accuracy evaluation indicated that our approach can adequately detect the spatial and temporal distribution patterns in forest gain and loss, with an overall accuracy of 93% and the Kappa coefficient of 0.89. The forest loss area was 8.30 × 104 km2 in the Zhejiang, Jiangxi, and Guangxi Provinces during 1986–2019, accounting for 43.52% of total forest area in 1986, while the forest gain area was 20.25 × 104 km2, accounting for 106.19% of total forest area in 1986. Although the interannual variation patterns were similar among three provinces, the forest loss and gain area and the magnitude of change trends were significantly different. Guangxi has the largest forest loss and gain area and increasing trends, followed by Jiangxi, and the least in Zhejiang. The variations in annual forest loss and gain area can be mostly explained by the timelines of major forestry policies and regulations. Our study would provide an applicable method and data for assessing the impacts of forest disturbance events and forestry policies and regulations on the spatial and temporal patterns of forest loss and gain in China, and further contributing to regional and national forest carbon and greenhouse gases budget estimations.

LEGAL INCONSISTENCY OF LAND PROCUREMENT FOR MINING IN FOREST AREA

Damage to natural resources in Indonesia is starting to have an impact on the community as a result of mining that does not heed environmental sustainability resulting in ecosystem damage such as water pollution, loss of ground cover and increased levels of hazardous substances. The type of research carried out is by using normative legal research which is limited to the study of the application of positive law under study. Procurement of land for the mining business sector involves many aspects of statutory regulations including the Forestry Law, Conservation Law, Environmental Law, Land Law, Investment Law and the Law governing Mining itself which consists of from the Minerba Law, the Oil and Gas Law and the Geothermal Law. the impact that arises as a result of legal inconsistencies in the mining sector, such as the presence of several mining companies mining in areas prohibited for mining.

POWERS OF LAW ENFORCEMENT AGENTS IN THE FOREST- HUNTING SPHERE

The article analyzes the administrative and legal powers and the place of forest protection and hunting service in the system of public administration in the field of forest protection and hunting. The actuality of the research topic is due to the processes of a general reform of the forestry industry of Ukraine; the need to clarify the law enforcement authority of officials in this area. The purpose of the study - is to highlight the problems of law enforcement in the forestry industry; clarification the powers of law enforcement agencies, areas of reform of forestry law enforcement agencies, and prospects for improving their activities. The object of the study is the legal regulation of protection activities aimed at ensuring law and order in the forestry industry. The research is based on the use of general scientific and special methods. Using the dialectical method, internal contradictions in the activities of law enforcement agencies of the forestry industry were revealed. Legislation establishing the powers of these bodies for gaps is analyzed. The formulated conclusions are aimed at their practical use. Thus, the definition of the term “huntsman” is proposed; separation of the function of management and control of forestry enterprises operating for profit by transferring the function of state forest protection and hunt­ing service from state forestry enterprises to the level of territorial bodies of the State Forest Agency. Thus, the State Forestry Agency and permanent forest users will have forest guards and a hunting service without the status of a law enforcement body, but with the right to draw up protocols and a limited right to consider cases of administrative offenses in the forestry sphere.

Community forestry in Cameroon: opportunity or constraint for REDD+?

PurposeThis study aims to identify opportunities and constraints of community forestry in the context of forest decentralization in Cameroon and what can be capitalized on for sound REDD+ design and implementation.Design/methodology/approachA qualitative approach to data collection was used through content analysis of 1994 forestry law, reports and publications related to decentralized forest management, community forestry and REDD+ in Cameroon. Principles that govern community forest and REDD+ were highlighted and opportunities and constraints of community forestry for REDD+ projects were discussed.FindingsCommunity forestry was developed principally to protect forests in order to support the subsistence and income-generating extractive activities of forest-dependent communities. Community forestry governance arrangements were not designed with the objective of achieving verifiable emissions reductions or carbon stock values. Hence, existing community forestry institutions may not address all the specific demands of REDD+ programs. However, existing community institutions and practices can be strengthened or modified to align better with climate change mitigation goals and to achieve REDD+ objectives in community forestry sites. On the other hand, REDD+ was developed principally to mitigate climate change by reducing emissions from deforestation and forest degradation principally within developing countries where the livelihoods of forest-dependent people are a central component of all forest management policies. However, despite fundamental differences between community forestry and REDD+, there is substantial synergy between their objectives, and the dual forest conservation and livelihood development focus of both programs means that policies that strengthen and support existing community forestry institutions and sites will advance REDD+ objectives. As such, REDD+ will likely to be more successful if it builds on lessons learned from community forestry.Originality/valueThis paper demonstrates how REDD+ is more likely to succeed if it builds on the lessons learned from community forestry over the past 20-plus years in Cameroon. It also discusses how REDD+ can benefit from community forestry and how some of the many challenges related to community forestry can be directly addressed by the REDD+ mechanism. Further, this paper also argues how the congruence between community forestry and REDD+ can effectively facilitate the direct use of community forestry as a tool to achieve REDD+ goals.

Encourage resource governance: Responding disaster threats behind environmentally friendly claims at the Tumpang Pitu gold mine

The Indonesian constitution has stated that natural resources must be utilized for the people’s benefit. But the people’s interests are often defeated by the elite. The long-term goal of this research is not to close the mining area and its activities, but to ensure that the exploration and exploitation process that has already started must prioritize ecological balance and disaster resilience. Using a qualitative method and a descriptive approach, this study analyzes the role of the government, corporation, and local communities in the framework of resources governance in order to strengthen the advocacy of civil society who are often marginalized in the existence of extractive industries. The results of the study show that the gold mining activity is contrary to the forestry law where the existing rules have been liberalized by selling state assets to private companies; the lack of added value for local communities such as limited job vacancies; the occurrence of environmental damage around the gold mining area where this area is actually a protected forest and a natural barrier from the threat of a tsunami disaster; and even though mining companies have claimed that their activities are environmentally friendly, in fact disasters are starting to appear.

Promoting Sustainable Timber Harvesting Through National Forestry Act 1984

This study explored respondents’ perceptions regarding the adequacy of heavy, moderate and light punishment associated with offences under the National Forestry Act 1984 (Act 313) as the primary forestry law enforced in Peninsular Malaysia. It also examined the role of supervision and inspection in controlling illegal logging and forest offences as well as the adequacy of law provisions concerning inspections in logging area, in transit and in manufacturing premises. Questionnaires were distributed to seek responses from related stakeholders of forestry enforcement agencies. The output of data analysis indicated that an effective law should carry adequate sanctions in order to have the deterrence effect, scare prospective offenders and discourage repeated commission of the convicted offences. The outcomes of the survey revealed that as a whole, Act 313 was effective to control illegal logging. In the context of punishment, heavy punishment associated with serious offences was rated as effective compared to moderate and light punishment. Findings on specific aspects of legal provisions as identified in this study may provide awareness for relevant agencies for revisiting policies towards achieving sustainable timber harvesting.

The Effectiveness of the Role of Civil Servant Investigators in Enforcement of Environmental Law

The occurrence of environmental pollution and damage requires repressive efforts in the form of law enforcement using instruments or criminal sanctions to force legal subjects to comply with environmental laws and regulations. Environmental civil servant investigators (PPNS) have an essential role in their authority to enforce environmental law. This research aimed to explain the state of the implementation of the role of PPNS in the work area of the Regional III Section Office - Center for Environmental and Forestry Law Enforcement and Enforcement (BPPHLHK) Sumatra Region in supporting environmental law enforcement and to find out what factors influence the role of PPNS in environmental law enforcement. The role of PPNS in enforcing environmental law in the working area of Section III Palembang - BPPHLHK Sumatra Region has been following Law Number 32 of 2009. Still, there is no standard operating procedure standard that can be used as a professional guide in implementing environmental law enforcement and measuring the effectiveness of the PPNS role. Factors that influence the role of PPNS in environmental law enforcement include legal factors, law enforcement officers, facilities and infrastructure, society and culture, and organization.

Contribution of the forest sector to the Uruguayan economy: A first approach with National Accounts

The forest sector development in Uruguay has been based on planted forest areas, mainly with eucalyptus and pine. The Parliament passed the Forestry Law in 1987 and since then the sector has been growing rapidly. The objective of the study is to analyse the contribution of the forest sector in the Uruguayan economy, its evolution between 1997 and 2018 and its distribution in recent years. The research used information from the new National Accounts released by the Central Bank of Uruguay, and, in this framework, the forest sector is studied for the main macroeconomic variables and production. The results show that in the period 1997–2018, while the Uruguayan economy grew 2.6% in constant terms, on average, the forest sector grew 7.6% on average, with peaks in 2007–2008 and 2013–2015. In 2016, the forest production was allocated to exports (46.76%), which surpassed intermediate use (43.05%) after initial operations of the second pulp mill in the country. Furthermore, forest exports represented 10.5% of the country’s total exports of goods and services, showing an exporter profile.

What drives forest rule compliance behaviour in the Congo Basin? A study of local communities in Cameroon

Forest law compliance can play an important role in enhancing natural resource governance and advancing sustainable development. The role of compliance and the factors that affect it require better consideration in the planning and implementation of international forest policies. This study presents an analysis of factors that influence forest law compliance behaviour among local communities in Cameroon. The analysis is based on forest communities’ self-reported compliance with two forest rules in Cameroon, both of which are part of formal state forestry law. Original field data from 151 individual respondents in 6 villages located in easter and south-eastern Cameroon are analysed using logistic regression analysis. We find that several instrumental, normative, legitimacy and contextual factors affect the forest law compliance behaviour of local communities. A number of factors, including the perceived probability of detection and sanctions (instrumental), tradition/religion (normative), participatory rule making (procedural legitimacy) and property rights (contextual and governance related factors) are found to significantly influence local communities’ forest rule compliance behaviour. Our findings carry implications for the design and implementation of existing and future forest policies and interventions to manage forest resources sustainably in many parts of the world.

Analysis Of Enforcement Procedures Of The 1994 Forestry Law And Its Related Decrees As Tools For Sustainability Of Fauna And Flora In Cameroon

Once a law is made, it does not automatically create an impact in society unless the said law is enforced. A law without compliance and enforcement is as good as a non-existing law. It is therefore of paramount importance to analyse in this article the nature of compliance and enforcement of the various laws relating to the sustainability of fauna and flora. Categorically speaking, the laws relating to the protection of wild fauna and flora have witnessed rampant non-compliance, especially within the first decade of existence of the 1994 forestry law. However, the non-compliance sparked the initiative of the government and international organs to put up enforcement measures geared towards the insurance of compliance. All these efforts comprehensively from 1994 till present are built on one reason which is to achieve sustainability of fauna and flora. The paper argues that despite these mechanisms of enforcement, fauna and flora have not been effectively sustained but efforts are commendable as lots of species of plants and animals can still be seen conserved in national parks and game reserves. Thus, the paper attributes part of the reasons for the depletion to the recidivism of some citizens who have voluntarily maintained illegal exploitation without recourse to laws prohibiting the exploitation of the same. The paper ends by recommending the improvement of implementation strategies to ensure the achievement of sustainability.

Правоохоронна діяльність у лісомисливському господарстві України

The article analyzes the administrative and legal powers of forest protection and hunting service within the system of state management bodies in the field of forest protection and hunting. The relevance of the research topic is due to the processes of general reform of the forestry industry of Ukraine and the need to clarify the law enforcement powers of officials in this industry. The purpose of the study is to highlight the problems of law enforcement in the forestry industry; clarifying the powers of law enforcement entities, directions for reforming forestry law enforcement agencies, and prospects for improving their activities. The object of the study is the legal regulation of security activities aimed at ensuring law and order and legality in the forestry industry. The research is based on the use of general scientific and special methods. With the help of the dialectical method, internal contradictions in the activities of law enforcement agencies in the forestry industry were revealed. The analysis method is used to identify gaps in legislation regulating the powers of supervisory bodies, etc. Formulated conclusions are aimed at practical use. Thus, it is proposed: definition of the concept of «huntsman»; separation of the management function and state control in forestry enterprises; transfer of the control function to the level of territorial bodies of the State Forestry Agency. Thus, at the enterprises of the State Forestry Agency system and other permanent forest users, the functioning of forest protection will remain without the status of a law enforcement body, but with the right to draw up protocols and the limited right to consider cases of administrative offenses in the field of forest protection.

The Urgency of Strengthening the Rights and Participation of Indigenous Peoples in Realizing Sustainable Management of Customary Forest

This article aims to analyze the urgency of strengthening the rights and participation of indigenous peoples in customary forest management in Indonesia. Law No. 41/1999 on Forestry, which is still centralized in nature, has limited the rights and roles of indigenous peoples in managing their customary forests. The regulation regarding customary forest in the Forestry Law is inconsistent with protecting ecosystem carrying capacity and democratic decentralization. This article was prepared using a normative legal research methodology in which a statutory and conceptual approach is used. Then, secondary sources of legal material were analyzed and qualified to be narrowed down to answer existing juridical problems. The results show that the rights and roles of indigenous peoples in managing their customary forests are still minimal. Customary forest management centered on the central government and prioritized a sectoral approach can have implications for exploitation that ignores the interests of conserva-tion and sustainability of customary forest natural resources.

GIS and Remote Sensing Analysis of the Impact of Land use Land Cover Change on Forest Degradation: Evidence from the Central Part of Taraba State, Nigeria

Forest is a fundamental, significant, and valuable component of a sustainable environment. Ecosystem services, biodiversity development, and economic growth in any nation depend on the proficient use of forests and their resources. However, deforestation has remained the single most important environmental phenomenon threatening the existence of the forest environment in Nigeria. This study was carried out to assess the exploitation of forestland in the central zone of Taraba state using GIS and remote sensing techniques. The satellite imageries used are Lands at imageries of 2006, 2012, and 2018. Ground Control points (GCPs) were obtained from Google earth to validate the coordinates of the classified imageries. The result obtained from 2006 classification showed that thick forest occupied the total of 1685448.99 ha equivalent to 80.38% and was the highest land cover suffering a decline in the area amounting to 694696 ha which equals to 33.13% in 2018. The pattern of land cover changes at the early stage was restricted to dissection and perforation in 2006. A remarkable expansion of bare land patches accompanied by total attrition of thick forest was identified due North in Bali local government area as compared to Gashaka and Kurmi local governments that have fragmented and little shrinking pattern of changes from 6.87% in 2006 to 37.65% in 2018. This shows that; as bare land increases, thick forests keep on decreasing within thirteen (13) years. It was recommended that increased reforestation efforts, sensitization and periodical campaigns against deforestation, and redesign of the existing forestry laws by the state government to curtail incessant incidents of deforestation in the study area be undertaken.

Assessment of Timber Resource Exploitation in Shasha Forest Reserve, Osun State, Nigeria: Implication for Sustainable Forestry

Records on rate of timber exploitation are very essential for sustainable forestry. They help in managing the forest sustainably. Therefore, the study collected and analysed data on rate of timber exploitation in Shasha forest reserve in Osun state. Logs arranged and set to be taken out of the forest were identified and measured every Monday between December, 2017 and June, 2018 for twenty-eight (28) weeks. The species and families of logs encountered were identified. A total of 13,944 logs were assessed. Fifteen (15) families belonging to twenty-one (21) species of logs were identified. Result revealed that Sterculiaceae family with five species was the most exploited. Ricinodendron heudelotti has the highest number of exploited logs with overall frequency of 27.71%. Ricinodendron heudelotti had the highest basal area and volume with values of 18018776.71cm² and 113289.36cm³ respectively. The study concludes that the population of Ricinodendron heudelotii tree was high in Shasha forest which made it available for extraction at high rate. The study recommends strict monitoring and enforcement of sustainable forestry laws with regular inventory and up-to-date inventory of timber exploitation rate from the reserve.

Making the Case for Reforms of Forestry Policy and Law: Lessons and Experiences from Nigeria

The 2030 Agenda for Sustainable Development incorporates 17 Sustainable Development Goals (SDGs). Goal 15 (SDG 15) focuses on terrestrial ecosystems. Regarding forests, it sets targets requiring signatories to promote the implementation of the sustainable management of all types of forests by 2020 and further mobilize significant resources from all sources to achieve sustainable forest management. The United Nations Strategic Plan for Forests 2017 – 2030 advances the vision of SDG 15. Nigeria’s high demographic growth rate has led to the surging demand for land to support settlements and farming. Coupled with extensive illegal or uncontrolled logging, the annual forest net loss of 5% is one of the highest rates globally in percentage terms. This paper is a critical analysis of the policy-law interface of the forestry sector in Nigeria. It examines the country’s trajectory or state of preparedness for sustainable forest management, and it concludes that forestry policy and law in Nigeria must undergo urgent reforms so that the forest commitments such as those under SDG 15 and other regional and global instruments can be ultimately achieved.

National and International Policies and Policy Instruments in the Development of Agroforestry in Chad

The potential of agroforestry to improve livelihoods and mitigate climate change and environmental degradation has been widely recognized, especially within the context of climate-smart agriculture. However, agroforestry opportunities have not been fully exploited because of several reasons, among which are adverse policies and legislations. However, many countries do not have a full understanding of how their policy and institutional environment may affect agroforestry development. We aim to fill this gap by looking at the particular case of Chad. The method used included examining data from: (i) literature reviews of important national and international polices, strategies, and legislation governing access to land and trees, among which are ‘La Loi 14’, Chad’s 2010 poverty reduction strategy paper, draft zero of the National Environmental Policy, (ii) interviews and focus group discussions with NGOs, government officials, and farmers, and (iii) surveys with 100 households. Results show that Chad has no specific agroforestry policy but opportunities for agroforestry can be found in some of the above-mentioned policy documents and government strategies. Most stakeholders interviewed had positive attitudes towards agroforestry, but uptake of the practice is handicapped by poor understanding of the forestry law by farmers and forestry officials. Gaps in existing laws give room for rent-seekers to collect individual (USD 272–909) and collective (USD 36–1818) access fees to trees on both forest and farmland. We propose that the government of Chad should unmask elements of agroforestry in existing policies and policy instruments to demonstrate its importance in responding to livelihood and environmental challenges in the country.

Memerangi Kejahatan Kehutanan dan Mendorong Prinsip Kehati-hatian Perbankan untuk Mewujudkan Pengelolaan Hutan yang Berkelanjutan Pendekatan Anti Pencucian Uang

If the illegal logging is just a criminal whose involve the poor society which their life depend to the forest, truck driver or forest guards whose underpaid, that criminal would not be difficult to stop. With the involvement of support from the illegal logging funders, which usually called cukong, illegal logging industry and government employees, the illegal logging has become a complex problem, not only in Indonesia, but also for the international forest community. The forestry law enforcement approach which now is running failed to capture the mastermind of illegal logging. But, the money laundering law enforcement approach which with the approach in “follow the money” may be the option to face the actors in illegal logging. This approach requires the bank and the other financial service providers for more active and careful in run the financial transaction whose related to their customers. Bank customers may be the funders of illegal logging, wood industry, law enforcement instrument and government instrument. Overall, the use of anti-money laundering regime effectively will give the opportunies to encourage the banking precautionary principles and the forest management, and to reduce the forest criminal.

On Place and Significance of Forestry Law in the Legal System of the Russian Federation

The subject of this research is the legal problem of identifying the place and significance of forestry law in the Russian legal system. The author analyzes the issues of independence of forestry law as a branch of the legal system in the context of its relationship with other branches of law, primarily with environmental law, as well as with land law and civil law. The subject, method, sources, system and principles of forestry law are investigated. The complexity and multi-structure of forest relations is emphasized. The author draws a conclusion about the interdisciplinary nature of the legal regulation of forest relations by the norms of forestry law, environmental law and related industries, namely land, civil, constitutional and administrative law. The tendency of the formation of international forestry law is revealed.

Preventing illegal logging

This paper presents ideas and strategies to prevent illegal logging of timber. Globally, illegal logging is a substantial problem. While the exact amount of timber harvested illegally is unknown, the problem is estimated to cost USD$30–100 billion annually. Criminological theories suggest intervention mechanisms that could either prevent or severely limit illegal logging in the forests. Utilizing situational crime prevention techniques, certain strategies for prevention on the ground include signage indicating boundaries, gates lining access roads, and checkpoint locations. Transparency strategies include remote sensing, wood tracking operation standards and procedures, and independent certification. Additionally, forestry law enforcement, forestry management, and local communities must be encouraged to actively combat the problem of illegal logging.

Change of the distribution and management of avalanche prevention forest in Taira, Gokayama, Japan

Located in Gokayama, Toyama Prefecture, Japan, Taira is a village with precipitous terrain and heavy snowfall, thus causing snow damage to occur frequently. In order to protect the village from disasters caused by avalanches, avalanche prevention forests (APF) has been maintained and managed since 1600s. However, due to the decline and aging of the rural population in mountainous areas in recent years, APF maintenance has become an important issue. Thus, this study aims to provide basic data for searching maintenance methods for APF, by clarifying the distribution, forest stand, management, and those changes. As a result, the distribution of APF changed after 1940s. To be specific, the APF distributed on the steep slopes behind each village has been preserved, while the conventional functions have been taken over. However, there has been still increasing the number of planted forests, scatter, and grass in the APF, which made the distribution of conventional APF decreased. In terms of the forestry laws, lots of parts of APF were designated according to the Protection Forest System of Forest Act step by step, which provides legal protection for part of APF. In short, it’s important to integrate sustainable maintenance solutions from multiple perspectives (disaster prevention, ecosystems, and landscapes, etc.) and to adjust measures according to different conditions of conventional APF and the part being protected by law.