Actualización de Activos de Información

Sustainable Use

Timber exploitation, regardless if for commercial or non-commercial purpose, is not allowed within Conservation Units of Full Protection, neither any other economic activity.103 With respect to Conservation Units of Sustainable Use, the level of protection is lower than for Units of Full Protection, since their basic objective is not environmental preservation, but rather to harmonize environmental conservation and sustainable use of natural resources.104

• Conservation Units of Sustainable Use where logging is permitted in

certain circumstances

Timber extraction is permitted in some Conservation Units of Sustainable Use, as long as the requirements established by Law 9.985/2000 are fulfilled. Logging is allowed at Areas of Environmental Protection, Areas of Relevant Ecological Interest, National Forests,

Extractive Reserves, and Reserves of Sustainable Development.

Areas of Environmental Protection are areas within public or private properties with relatively small human occupation that contain abiotic, biotic, esthetic, or cultural features particularly relevant to the quality of life and well-being of local populations.105

The use of natural resources within Areas of Environmental Protection, including timber exploitation, is

103 _{Federal Law 9.985/2000, art. 9 (Braz.).} 104 _S

ILVA,supra note 20, at 263.

allowed as long as it is sustainable and permitted by the Area’s management plan and by the management body (advisory or deliberative councils).106

Areas of Relevant Ecological Interest are public or private properties smaller than 5000ha107

that have little or no human occupation, but with extraordinary natural features or rare samples of regional biota. Their purpose is to maintain a natural ecosystem with regional or local relevance, and to regulate the reasonable use of an area in harmony with the

conservational purposes.108

Therefore, the use of natural resources, such as logging, shall not be such as to undermine the Unit’s objective. It shall follow the rules set by the National Counsel of the Environment (Conselho Nacional do Meio Ambiente - CONAMA) in specific resolutions for each Area of Relevant Ecological Interest.109

National Forests consist of areas mainly covered with native species and have as primary objective the sustainable multi-use of forests for both resources and scientific research, with an emphasis on their sustainable utilization. This differentiates them from the other Conservation Units.110

They are of public domain (by Federal, State, or Municipal Governments, whichever created the public forest), and the privately owned areas located within them are expropriated. Although the Public Administration owns them, national, state, and municipal forests may be subject to forest concession for exploitation purposes by private parties, under the terms of Federal Law 11.284/2006.111

106 _{Federal Law 6.902/1981, art. 9 (Braz.).} 107 _{Federal Decree 89.336/1984, art. 2 ¶ 1 (Braz.).} 108 _{Federal Law 6.902/1981, art. 16 (Braz.).} 109 _{Federal Decree 89.336/1984, art. 4 (Braz.).} 110 _{Federal Law 9.985/2000, art. 17 (Braz.).}

Extractive Reserves are areas in which traditional populations base their subsistence on extractive activities including sustainable collection and use of renewable natural resources,112 subsistence agriculture, and raising small animals. The objective of an Extractive Reserve is to protect the lives and culture of such populations, and to ensure the sustainable use of the Unit’s natural resources.113 _{Extractive Reserves are within the public domain, and the privately} owned lands located within them are expropriated. Their management follows a specific management plan and is held by a deliberative council similar to that of National Forests. Exploitation of timber resources will only be permitted on a sustainable basis. It shall be complementary to other activities already developed by the traditional community that lives in the Reserve, and as determined by its management plan.114

Like the Extractive Reserves, Reserves of Sustainable Development are used by traditional populations whose subsistence is based on sustainable natural resources exploitation.115

Their basic objective is to preserve the environment and, at the same time, ensure the necessary conditions and means for the reproduction and improvement of the habits, life quality, and exploitation of natural resources by the traditional populations.116 Thus, Reserves of Sustainable Development have environmental conservation as a priority, while Extractive Reserves focus mainly on the protection of culture and life quality of traditional populations.

Reserves of Sustainable Development are within the public domain, and privately owned lands within them are expropriated. Activities exploiting natural ecosystem’s components under sustainable management and the replacement of native vegetation with

112 _{Federal Law 9.985/2000, art. 2 § XII (Braz.).} 113 _{Federal Law 9.985/2000, art. 18.}

114 _{Federal Law 9.985/2000, art. 18 ¶ 7.} 115 _O

LIVEIRA,supra note 2, at 213.

crops are both permitted within Reserves of Sustainable Development. Such activities are subject to zoning rules and the management plan rules.117

Furthermore, when making use of the Unit’s natural resources, traditional populations shall participate in its preservation, recovery, defense and maintenance. Moreover, they are prohibited to use species locally endangered or to engage in any activities that may damage their habitats, and to execute any activities that prevent the natural regeneration of ecosystems.118

• Conservation Units of Sustainable Development where logging is

not permitted

Timber extraction is not permitted in Reserves of Fauna and Private Reserves of

National Heritage, due to the incompatibility of logging with the Unit’s purposes. Reserves of Fauna are natural areas with native animal species, both land and aquatic species as well as many migratory species, that can be used for scientific studies regarding their economic sustainable management. Reserves of Fauna are units of public domain, and private properties located within shall be expropriated.119 _{Private Reserves of National Heritage are private areas} protected with the intent to conserve biological diversity. Within these reserves only scientific research and limited visitation for tourism or educational purposes are allowed.120

117 _{Federal Law 9.985/2000, art. 20¶ 5, § IV.} 118 _{Id. art. 23 ¶ 2.}

119 _{Federal Law 9.985/2000, art. 19 (Braz.).} 120 _{Federal Law 9.985/2000, art. 21 (Braz.).}

2. Conservation Units as relevant instruments of environmental protection