300R95012
DEFORESTATION
Technical Support Document
International Training Workshop
Principles of Environmental Enforcement
r,
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WWF
SEDESOL
SECRETARIA DE DESARROLLO SOC IAL
Ministry of Housing,
Spatial Planning,
and the Environment
(VROM) The Netherlands
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DEFORESTATION TECHNICAL SUPPORT PACKAGE
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ACKNOWLEDGEMENTS
This document is one of five Technical Support Documents that have been developed to
accompany international training workshops on the Principles of Environmental
Enforcement. They were developed as resource documents for government officials and
others who are motivated to try to reduce the adverse environmental impacts from
activities described in the case studies used for the course. The five case study areas
include:
o Mining (Metallic ores and Minerals),
o Petroleum Refining and Petrochemicals,
o Residential and Industrial (Solid) Waste Disposal
o Tourism, and
o Deforestation.
The documents provide an overview of the environmental impacts, pollution prevention
and control opportunities, range of institutional mechanisms to control adverse impacts,
and an annotated bibliography of selected reference materials. They do not address
institutional and program development issues surrounding regulatory and enforcement
programs. These topics, as well as country specific program examples are developed in
the Proceedings of the International Conferences on environmental compliance and
enforcement, UNEP institution-building workshop materials and new capacity building
documents under development for the Fourth International Conference scheduled to be
held in April, 1996 in Thailand.
International workshops on the Principles of Environmental Enforcement provide an
opportunity for governmental and non-governmental officials to discover and apply the
definitions, frameworks and principles to develop a successful management approach,
compliance strategy and enforcement program for any environmental problem in any
cultural or legal setting and to explore negotiated resolution of enforcement problems.
The Principles of Environmental Enforcement text and training was developed by the
U.S. Environmental Protection Agency in collaboration with the government of Poland
and in cooperation with the government of the Netherlands. It was adopted as a basis for
international exchange after having been successfully presented with this purpose in mind
at the Second International Conference on Environmental Enforcement held in
Budapest, Hungary, September 1992.
This document was produced under a Cooperative Agreement between the World
Wildlife Fund and the U.S. Environmental Protection Agency in cooperation with the
Netherlands Ministry of Housing, Spatial Planning and the Environment, The United
Nations Environment Program IE, and SEDESOL the Mexican Social Development
Ministry. The topic is one of five identified by an international Executive Planning
Committee for new case studies and stand-alone technical support materials to be used
in workshops on the Principles of Environmental Enforcement launched at the Third
International Conference on Environmental Enforcement held in Oaxaca, Mexico, April
25-28, 1994. Partial funding was also provided by the United States Agency for
International Development.
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Ms. Marda Mayo of TLI Systems Inc., was principal author of the document, under the
Technical Direction of Ms. Cheryl Wasserman in U.S. EPA's Office of Enforcement and
Compliance Assurance. A special note of appreciation to the following individuals for
their contributions:
Franklin Moore, U.S. EPA, Office of International Activities, expert on
international forestry issues
Gordon Knight, U.S. Department of Interior, Bureau of Land Management
Ken Potts, John Cannell and Dov Weitman, U.S. EPA, Office of Water
Louis Ferrand, Jr. Esq.
Enrique Barrau, USAID, Costa Rica
Tom Trahan, Louisiana Dept. of Agriculture and Forestry
Julie Lyke, International Forestry, U.S. Forest Service
David Brooks, U.S. Forest Service Research, Corvallis, Oregon
Horst Wagner, World Bank
Mark Dillenbach, IUCN
Robert Repetto and Aaron Zazueta, World Resources Institute
Sam Auston, Virginia State Department of Forestry
Jamie Nations, Conservation International
Ken Andrasko, Jr. USEPA, Climate Change Division
Jamie Ervin, Forest Stewardship Council
Jay West, Save our Streams, Isaak Walton League
for their helpful comment and to Mr. William Eichbaum, International Vice President of
the World Wildlife Fund for his support.
Requests for copies and comments on this document can be directed to:
Ms. Cheryl Wasserman
Associate Director for Policy Analysis
Office of Federal Activities
United States Environmental Protection Agency
Office of Enforcement and Compliance Assurance
401 M Street, MC 2251
Washington, D.C. 20460
FAX 1-202-260-0129
PHONE 1-202-260-4486
or
Mr. Jo Gerardu
The Netherlands Ministry of Housing,
Spatial Planning, and the Environment
IPC 681
P.O. Box 30945
2500 GX DEN HAAG
The Netherlands
FAX 31-70-339-1300
PHONE 31-70-339-2536
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TABLE OF CONTENTS
SECTIONS
1. INTRODUCTION
1.1 Purpose and Overview of the Deforestation Support Package 1
1.2 Deforestation and the Environment 2
2. PROFILE OF THE FOREST SECTOR
2.1 Overview: International Deforestation 2
2.2 Forest Types 2
Boreal Forests 4
Temperate Forests 4
Tropical Forests: Moist, Dry, and Mangrove 4
2.3 Causes of Deforestation 5
3. PRINCIPAL DEFORESTATION-RELATED ENVIRONMENTAL PROBLEMS
3.1 Loss of Water Resources 7
3.2 Erosion of Top Soil and Loss of Nutrients 7
3.3 Climate Change 9
3.4 Decreased Biodiversity and Habitat Loss 9
4. PREVENTION/CONTROL OPTIONS
4.1 Technological/Best Management Practices 10
4.2 Performance-based 12
4.3 Economic 12
4.4 Voluntary 13
5. PLANNING, MONITORING, ENFORCEMENT AND COMPLIANCE
APPROACHES
5.1 Planning 13
5.2 Policy, Legislative and Regulatory Measures 14
5.3 Training, Education and Local Participation 14
5.4 Monitoring and Inspection 15
5.5 Enforcement and Compliance 15
APPENDICES
APPENDIX 1: Ministries and Organizations Concerned
with Forestry and Deforestation 19
APPENDIX 2: Annotated Bibliography
A2.1 Books, Reports and Articles 20
A2.2 Journals and Newsletters 29
A2.3 Obtaining Selected Publications 30
APPENDIX 3: Sample Laws, Criteria, Permits, Survey Forms,
Guidelines, Contracts, and Policies 31
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DEFORESTATION\FOREST RESOURCES SUPPORT PACKAGE
1. INTRODUCTION
Forests cover almost a third of the earth's land surface1, providing many environmental
benefits including a major role in the hydrologic cycle, soil conservation, prevention of climate
change, and preservation of biodiversity. Forest resources can provide long-term national
economic benefits. For example, at least 145 countries of the world are currently involved in
wood production. However, deforestation, particularly in the tropical moist forests, is proceeding
at a very rapid rate. Reasons for deforestation include clearing of land for agriculture and
ranching, fuelwood gathering, unsustainable and inefficient logging practices, timber theft, and
the adverse effect of air pollution on forests. The negative economic impacts of deforestation
are substantial, and include losses due to pollution and siltation of water used for drinking,
agricultural, commercial and industrial purposes; destruction of fisheries and aquatic habitat;
flooding; siltation of waterways and dams; loss of top soil and soil fertility; climate change;
reduction or loss of non-timber harvests; and loss of recreational resources that attract tourists.
Many of these impacts can be avoided or controlled through the use of prevention and control
options, and through planning, monitoring, enforcement and compliance.
1.1 Purpose and Overview of the Deforestation Support Package
The purpose of this support package is to provide a general resource for governments
and others concerned about the environmental impacts of deforestation and to present alternatives
for preventing, controlling or minimizing these impacts. It provides a brief overview of global
deforestation, forest types and characteristics, and summarizes causes of deforestation. The
document reviews some major prevention and control options, along with enforcement and
compliance approaches that can be used to reduce or eliminate negative effects of deforestation.
For purposes of this document, deforestation is defined as the full-scale clearing of forest
lands. Forest degradation refers to forest damage or significant alteration (for example, from
air pollution or partial clearing of forest trees and/or vegetation). Sustainable use is defined as
meeting the needs of the present without compromising the ability of future generations to meet
their own needs.
This document is intended as an initial reference, providing summary-level information
on deforestation prevention and minimization of adverse environmental effects. More detailed
sources of information are provided in the Appendices, including information on organizations
and ministries concerned with forestry and deforestation, an annotated bibliography, and sample
documents.
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1.2 Deforestation and the Environment
Major environmental problems associated with deforestation include:
• Loss of water quality, including water used for drinking, commercial, agricultural
and recreational purposes;
• Damage to fisheries and aquatic habitats from erosion and turbidity (dissolved and
undissolved particles in water);
• Increased flooding during wet periods, and loss of water normally stored and
released during dry periods;
• Erosion of top soil and nutrient loss;
• Climate change, such as decreased local rainfall and desertification; and
• Decreased biodiversity, and loss of habitat for wildlife and endangered species.
2. PROFILE OF THE FOREST SECTOR
2.1 Overview: International Deforestation
An overview of global deforestation between 1965-1989 is provided in Figure 1. A more
detailed summary of forestry problems is provided in the Nations of the Earth Report of 1992
which summarizes reports prepared by 47 of the countries on environmental problem areas and
programs for dealing them. Many of the country reports discuss deforestation problems.
Countries with average annual deforestation rates over 2% during the 1980s include (in Africa)
Algeria, Burundi, Cote d'lvoire, Guinea-Bissau, Liberia, Malawi, Mauritania, Niger, Nigeria,
and Rwanda; (in Asia) Nepal, Sri Lanka and Thailand; and (in Central & South America) Costa
Rica, Ecuador, El Salvador, Guatemala, Haiti, Honduras, Jamaica, and Nicaragua.2 A 1992
Food and Agriculture Organization of the United Nations (FAO) study reported that since the
early 1980s, the rate of tropical deforestation had increased by 50%.3
Generally, the area of temperate forests is increasing as second growth forests replace the
primary forest (original, intact or virgin forest) cut earlier. Many remaining tropical forests are
primary forest which still retain their biodiversity. Differences between tropical and temperate
forests are discussed in the following section.
2.2 Forest Types
Around the world, there are three main forest types and related ecosystems:
boreal, deciduous, and tropical. Variation in the longevity and growth capabilities of trees and
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Figure 2: Change in Forests and Woodland: 1989
Very rapid decrease (-1.1 percent or more)
!i \| Rapid decrease (-0.6 to -1.0 percent)
ILJ Moderate decrease (-0.1 to -0.5 percent)
',_! No change (0.0 percent)
3 Increase (+0.1 percent or more)
; | No data available
Forest and woodland are decreasing most rapidh in
developing countries. Many countries have no net loss
of forest area—that is. the amount cleared is equal to
the amount replanted. Some countries have a net
increase.
Source: Sheram, Kathenne, The Environmental Data Book.
(The World Bank, Washington, DC), 1993, p. 5.
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vegetation, soil characteristics, and biodiversity between and within these different forest types
all affect the environmental impacts of deforestation, and selection of the most effective
management options.
Boreal
The boreal forest is found in northern latitudes and composed almost completely by
coniferous trees -those bearing pine cones - such as firs, spruce, pines, and hemlock.
Temperate
Temperate forests include both coniferous and deciduous trees. About 39% of the land
area of temperate regions is covered by forests.4 About half of the world's total forest and
other wooded land is in the temperate-zone regions, with about 25% in the former USSR and
almost 20% in North America. The World Conservation Monitoring Centre in England reports
that for temperate forests overall, forest area is increasing.5
The temperate rainforest is a special category of forest, such as the alerce forests of chile
and the redwood forests of California. These coastal forests are noted for heavy fog and rain,
and are home to some of the oldest trees on earth such as coast redwoods which have a life
expectancy of up to 2,000 years, and the giant sequoia which reaches full growth at 3,000
years.6
Deciduous forests lose their leaves every year during winter, and include trees such as
oak, beech and maple. These forests have been heavily impacted by man. However, some
scientists think that some of these temperate forests have natural destruction/regeneration cycles
of about 250-450 years, with destruction caused by storms, fires caused by lightening, old age,
insects and disease.
Tropical Forests
Tropical dry and moist forests are characterized by warm temperatures all year and moist
tropical forests by abundant rainfall. Generally, nutrients in tropical forests are stored in the
vegetation, unlike temperate forests where many nutrients are stored in the ground. Often when
moist tropical forests are cleared, the rains quickly wash away nutrients in the soil and
agriculture cannot be sustained very long. Tropical forests also contain tremendous biodiversity,
partly because of the favorable growing conditions, and also because unlike the boreal and
deciduous forests, the tropical forests were not periodically destroyed by glaciers. Moist tropical
forests, at an estimated 7% of the world's land area, may contain over 50% of all named species
in the world biota.7 Tropical dry forests are concentrated in Africa, and are utilized heavily for
fuelwood gathering. Deforestation of some tropical dry forests, such as those in the Sahel, may
contribute to desertification.
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Environmentally important mangrove forests, found in tropical coastal areas such as bays,
lagoons, and river estuaries, are a special category of tropical forest. Mangroves grow in
shallow water and protect coastal areas during storms. The bark and leaves of some species are
used for medicinal purposes. The mangrove forests also serve as nurseries for fish and shell-
fish. In India, for instance, the mangroves shelter 105 species of fish, 229 crustacean species,
and 20 shellfish species, but during the last 25 years, almost 30% of the Indian mangrove forests
have been destroyed.8
2.3 Causes of Deforestation
Major causes of deforestation include cutting for fuel, clearing of land for agriculture and
ranching, and logging. Causes of forest degradation include air pollution (such as acid rain and
ozone), slash and burn agriculture, and non-sustainable partial clearing. Timber theft accounts
for some deforestation and degradation. Unnecessary deforestation also takes place in many
areas because lower than market prices are charged for government logging concessions, residual
timber is unnecessarily damaged during the logging operations, and inefficient processing wastes
lumber.
2.3.1 Fragmentation
A precursor of deforestation is fragmentation of forests, because fragmented forest units
are more accessible for clearing, timber theft, and fuelwood cutting, and subject to decreased
biological diversity. A study found 2/3 of the tropical rainforests were fragmented (under
400,000 hectares and had road or water access). South America had the least fragmented
rainforests, with 41 % of the rainforest remaining in large tracts, Central America has about 33%
remaining, Africa has about 20%, and forests in Southeast Asia and Oceania are the most
fragmented with only 12% in large tracts.9
2.3.2 Fuelwood
About 80% of wood used in developing countries is for fuelwood.10 (Even an
industrially developed country like Hungary reports that in 1989, 44% of the wood production
was for fuelwood11). Fuelwood gathering is often concentrated in tropical dry forests and
degraded forest areas.
2.3.3 Clearing without Timber Utilization
About 60% of the clearing of tropical moist forests is for agricultural settlement12, with
logging and other reasons (roads, urbanization and fuelwood) accounting for the rest. As an
example of the scope of the clearing without timber utilization, 6000 separate fires were burning
on a single day in 1988 in the Amazon forest as a result of slash and burn deforestation.13
Other examples include Ghana and the Ivory Coast, where in Ghana, with 80% deforestation,
the forest department estimates only 15% of the timber was harvested before land clearance.
In the Ivory Coast, estimated loss from unutilized timber was perhaps $5 billion.14
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2.3.4 Air Pollution
Air pollution is associated with degradation of some European and North American
forests. The syndrome is called "Waldsterben" or forest death. For example, in 1982, 8% of
all West German trees exhibited damage, rising to about 52% by 1987.15 One report indicates
that half the trees in the Alps are dying of Waldsterben.16 High elevation forests show the
earliest damage, including forests in the northeast and central US. Scientist E.Schulze of West
Germany concluded that nitrogen compounds and sulfates (acid rain components from fossil fuel
burning) acidify the forest soil, freeing toxic aluminum to enter the tree roots instead of calcium
and magnesium which are crucial to tree nutrition. The calcium/magnesium deficiency stunts
growth. Increased nitrogen depositing on tree foliage and into roots acts at the same time as a
fertilizer, stressing the trees. Thus weakened, the trees succumb to pests and adverse weather,
conditions which would not otherwise kill the trees.17
2.3.5 Timber Harvesting
Timber harvesting is another leading cause of deforestation. Of the approximately 185 -
190 countries currently recognized as independent, at least 145 are wood producers (the former
USSR, now 12 entities, is counted as 1). The lead United Nations agency for forestry issues is
the Food and Agriculture Organization (FAO), which defines wood production (roundwood) as
"the quantities removed from forests and from trees outside the forest, including wood recovered
from natural, felling and logging losses... Commodities included are sawlogs and veneer logs,
pulpwood, other industrial roundwood ... and fuelwood." As of 1992, using this definition,
wood production by region was: Africa - 15%, North and Central America - 22%, South
America - 10%, Asia - 32%, Europe - 10%, Oceania - 1%, and the former USSR (CIS) -
10 %.18
2.3.6 Inefficient Timber Processing and Revenue Practices
Inefficient timber processing and revenue practices cause unnecessary deforestation. A
World Bank study indicated that these problems are common to many countries. For example,
a World Bank study cited a situation in Cameroon where in 1987 the total of all forest revenues
collected from forest fees was only between 2-4% of the FOB (price of timber including
transportation to the ship) price of export logs, and in Ghana where 1988 forest revenues
collected from all forest fees was only about 1/6 the amount that should have been realized.19
3. PRINCIPAL DEFORESTATION-RELATED ENVIRONMENTAL PROBLEMS
Loss of water resources, erosion of top soil, climate change, and decreased biodiversity
are major environmental problems associated with deforestation, as summarized in Table 1, and
described, with examples, in the following section.
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3.1 Loss of Water Resources
Water resources affected by deforestation include drinking water, fisheries and aquatic
habitats, flood/drought controls, waterways and dams affected by siltation, less appealing water-
related recreation, and damage to crops and irrigation systems from erosion and turbidity.
Turbidity (dissolved and undissolved particles in water) is one of the problems caused
by deforestation. As indicated in Table 1, turbidity can impair the use of water for a variety of
purposes. For example, turbidity interferes with treatment of drinking water, as illustrated in
Washington, DC recently when high turbidity levels in the municipal drinking water supplies
resulted in a recommendation that residents boil their water during a ten day period. One of
the ways turbidity can contribute to water pollution is that many chemical constituents, such as
pesticides, are sorbed onto fine particles in the water. Turbidity can damage or even eliminate
fish and aquatic habitat.20 High turbidity levels from deforestation in the Pacific Northwest of
the U.S. are reported to be one of the causes of reduced salmon harvests.
Examples of the extent of damage to waterways and dams include a reduction by half in
the useful life of the dams on Himalayan rivers and a rate of erosion in the watershed area of
the Himalayan rivers five times greater than the rate over the past 40 million years. The
estimated 50 year life of the Tarbela dam in Pakistan was reduced to under 20 years by
sedimentation from deforestation, cultivation of steep slopes, and overgrazing. Another example
of the costs includes flood damage in India from deforestation in the Himalayas costing about
$210 million annually in emergency assistance.21
3.2 Erosion of Top Soil and Loss of Nutrients
Erosion of top soil from deforestation affects many countries. Examples include
Ethiopia, Nepal, and Haiti; half of Ethiopia's land area was affected by erosion in the 1980s.
In the United States, billions of dollars have been spent by the US Soil Conservation Service to
prevent loss of top soil in areas which were converted to agricultural use from forests. Tropical
forest soils are particularly vulnerable to nutrient loss. Because forests converted to pastures
quickly lose fertility and productivity, and therefore can carry few cattle, the per hectare revenue
from Brazil nuts and wild rubber from the same land is estimated to be four times greater than
the revenue from cattle ranching in the Brazilian state of Acre. Similarly, in a 1987 evaluation
of a one hectare forest area near Iquitos, Peru, total net revenues from sustainable harvesting
of non-wood forest products (using market prices in Iquitos) were 66% greater than those from
forest conversion.22
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Table 1
Major Environmental Problems Caused by Deforestation
and Inappropriate Forestry Practices
Loss of Water
Resources
Drinking Water
Destruction of
Fisheries and
Aquatic Habitat
Flooding
Siltation of
Waterways, Dams
Decreased
Recreation
Crop Damage
Erosion of Top Soil
& Nutrient Loss
Climate Change
Decreased
Biodiversity
Uncontrolled runoff carries soil and debris into surface
water, reducing water quality for drinking, fisheries and
aquatic habitat, and flood prevention. Navigable
waterways and dams are silted up
Increased turbidity reduces effectiveness of chlorination,
increases adsorption of toxic materials, provides food for
microbes which can then multiply in the water distribution
system, interferes with ion exchange and carbon adsorption
processes and with lab analysis of water quality
Siltation kills fish, spawning areas and vegetation
needed by fish to reproduce and survive
Uncontrolled runoff increases flooding
Turbidity & suspended solids deposit in navigable
waterways (requiring dredging) and dam impoundments
(shortening the useful life of the dam)
Turbid waters are dangerous for swimming and diving
because the depth and submerged hazards cannot be seen.
Also, users prefer clear water and clean beaches for aesthetic
reasons.
Turbidity damages irrigation systems and equipment,
films form on plant leaves, reducing growth and market
value, crusts form on soil surfaces inhibiting water absorption,
young plant growth and soil aeration.
Removal of the trees, ground cover, and leaf litter
allows uncontrolled runoff and nutrient leaching during rains,
making reforestation and farming difficult
Large deforested areas can cause undesirable climate change,
such as decreased rainfall, or can contribute to global
warming
Loss of sustainable forest is accompanied by loss of
habitat, species and genetic diversity, and loss of non-
timber harvests
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3.3 Climate Change
Climate change (also known as global warming or global change) includes
anthropogenically produced climatic and ecological problems such as recent apparent climatic
temperature shifts and precipitation regimes in some areas, sea level rise, stratospheric ozone
depletion, atmospheric pollution and forest decline. "Greenhouse gasses", including carbon
dioxide, trap heat in the earth's atmosphere, creating a warming, or greenhouse effect.
Forested areas serve as "sinks" or reservoirs of carbon because carbon is part of tree and plant
tissue. Thus, deforestation increases the greenhouse effect, and reforestation reduces it. Over
90% of the carbon lost from deforestation is released to the atmosphere as carbon dioxide, and
carbon dioxide is a long-lasting gas, with an average residence time in the atmosphere of 100
years. Release of the carbon dioxide from deforestation accounts for an estimated 25% of
emissions from combustion of fossil fuels.23
Estimates of the global warming effect of the six greenhouse gasses released by
deforestation in the Brazilian Amazon in 1990 indicated that the emissions represent 7-8 times
the annual carbon release from Brazil's use of fossil fuels. A study by the Lawrence Berkeley
Lab indicated that ending deforestation in Brazil would cut greenhouse emissions as much as
making all the cars in the world three times more fuel efficient.24
3.4 Decreased Biodiversity and Habitat Loss
When forest is destroyed, fragmented or degraded, biodiversity and habitat for migratory
birds and for many types of endangered species is lost. Retaining the biodiversity of the forested
areas is retaining a form of capital, until more research can establish the relative importance of
various plant and animal species. The value of biodiversity in the medical area alone is
illustrated by several examples. According to the World Health Organization, as much as 80%
of the world's population relies for primary health care at least partially on traditional medicine.
Much traditional medicine relies on forest plants. The local economic value of medicinal forest
products was studied in Belize. Two scientists evaluated the sustainable harvest from two forest
plots of all the medicinal plants that could be sold to local herb healers and pharmacists. On a
sustainable basis (30 year harvesting rotation), the herb harvest was worth $294 and $1,346 per
acre on the two plots. In comparison, clearing rain forests for agriculture was worth $117 per
acre in Guatemala, and $137 in Brazil.25 Pharmaceutical use of forest-based drugs includes the
rosy periwinkle from tropical forests in Madagascar, used to treat childhood leukemia and
Hodgkin's disease, and the yew bark from temperate forests used to treat ovarian cancer. It is
estimated that less than 1% of tropical plants have been screened for medical uses.26
4. PREVENTION/CONTROL OPTIONS
Around the world, governments have used a variety of prevention/control options to
prevent environmental damage from deforestation as well as to retain existing forests and forest
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resources, to prevent unnecessary deforestation, and encourage reforestation where appropriate.
Many of these control options are technological (e.g., use of best management practices to
control erosion). However, many control options, such as bans on logging, limits on forest
destruction or subsidies, can also be viewed as management options. We discuss each of these
different types of options in this section. A summary of some major options is included in Table
2, with examples provided in the following section.
TABLE 2: SELECTED PREVENTION/CONTROL OPTIONS
TECHNOLOGICAL/BEST MANAGEMENT PRACTICES
Establish Best Management Practices (BMP) for forestry operations, institute a
full or partial logging ban, limit access to forests, control major air pollution
affecting trees
PERFORMANCE-BASED
Set a Performance Goal (e.g. no net forest destruction, x% increase in forested
area, limit turbidity levels from forestry runoff into surface waters)
ECONOMIC
Maximize the market for non-wood products, improve forest pricing and
concessions policies, change laws providing inadvertent economic incentives for
deforestation, develop social forestry programs
VOLUNTARY
Provide technical assistance, set up a timber certification program, use awards
programs
4.1 Technological/Best Management Practices
Best Management Practices (BMP) include water pollution control measures in
widespread use in forestry operations throughout the world. These management practices
involve a variety of locally appropriate erosion control measures which help prevent
pollution in surface waters resulting from forestry activities and deforestation. In the
United States, recent surveys indicate forestry activities contribute approximately 3-9%
of all non-point source pollution of water bodies.27 Best Management Practices are
important because they prevent or minimize environmental problems associated with
forestry activity such as turbidity, nutrient transport, and runoff of herbicides,
insecticides and fungicides into surface waters affecting drinking water, fisheries and
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aquatic habitats, flooding, siltation of dams and irrigation systems, and crop damage from
siltation on leaves from irrigation water.
Many different specific control technologies, or Best Management Practices, are
available, including preharvest planning to minimize runoff and erosion from roads and
harvest areas into streams, use of streamside buffer or management areas (areas along
surface waters where the vegetative cover is left) to reduce runoff from upslope activities
and trap sediments, use of road construction, maintenance, and post-harvest re vegetation
techniques that minimize erosion, and use of effective erosion control devices, as locally
appropriate, such as sediment control devices like silt fences, riprap, and sediment traps
or check dams. Other control technologies include timber harvesting techniques that
minimize erosion like cable yarding and aerial harvesting, particularly for dispersed high
value timber. Fire management is important in preventing erosion, particularly on steep
slopes near streams. Careful management of chemicals used in forestry is important in
reducing environmental damage. Aerial applications of pesticides may pose the greatest
risk to water quality, but streamside buffer zones have been found to minimize the effects
of pesticide application. Studies have shown prompt revegetation of disturbed areas
effectively reduces erosion. Detailed information on effectiveness, applicability, and
costs of different Best Management Practices is contained in many of the references in
Appendix 2, the Water Resources and Forestry section of the Bibliography.
An indication of the extent to which different Best Management Practices are used in the
U.S. is provided in a 1993 U.S. Environmental Protection Agency study. The study
reported that over 80% of the states had state BMP regulations or manuals. Most state
BMPs addressed preharvest planning (over a third), road construction and maintenance
(all), timber harvesting, streamside buffer or management zones (almost 60%), site
preparation, chemical management (over 40%), revegetation (almost 70%), prescribed
burning, and drainage structures in some.28 A recent summary by USEPA of the
effectiveness of various forestry management measures indicates revegetation, roads, and
streamside buffer or management zones offer some of the greatest opportunities for
pollution reduction.
Logging Bans/Protected Areas: The establishment of various categories of protected
forest areas has been used effectively by many countries to retain important benefits of
forests and prevent environmental damage from deforestation. In some countries, the
only remaining forests are those with protected status. Protected forest areas have
existed since the 4th century BC in India, and hunting reserves existed in Europe for
hundreds of years. Most protected areas were established in the late 19th century. The
International Union for the Conservation of Nature has developed a standard
classification system of ten types of protected areas. Using this criteria, 169 countries
have protected sites covering over 5% of the world's land area. Of this amount, about
9% is in subtropical/temperate rainforests/woodlands, about 5% in tropical humid
forests, 4.7% in tropical dry forests/woodlands, 4.7% in evergreen sclerophyllous
forests, about 3% in temperate broad-leaf forests, and about 2.9% in temperate needle-
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leaf forests/woodlands.29 Because of the range of different forest types protected,
preservation of biodiversity is a major benefit.
A different type of ban/protected area was established by the government of Thailand.
A full commercial logging ban on government forests was imposed after uncontrolled
runoff from rains caused landslides, and destroyed the homes of 40,000 people.
However, between 1985 and 1988, forest cover fell from 29% to 19%.30 A logging ban
was also imposed in Ecuador to reduce deforestation.
Another example of a national timber ban is one imposed by the Kingdom of Bhutan in
the Himalayas. In 1974, the government stipulated that 60% of the country would remain
under permanent forest cover. A tree planting program was initiated to increase the
forest area, and the government has started giving villages their own forest plots to
manage.31
Other types of logging bans which have been used include bans on steep slopes (e.g. over
30% grade), bans on logging near surface waters (streamside buffer areas), and logging
bans in government reserves (extractive reserves). Examples of such bans include
Brazil's new system of nine extractive reserves where logging is prohibited, but activities
such as rubber harvesting, shellfish gathering and fishing, and coconut harvesting are
permitted.32 A critical component of such programs balancing the extraction of non-
wood products with the maintenance of biodiversity, and to avoid over-harvesting.
4.2 Performance-Based Options
Performance-based options leave the choice of management options up to the regulated
group or individual but require measurement and monitoring methods to determine whether the
performance standard has been met. An example of a performance-based goal or standard is the
surface water turbidity standard used by the United States and Canada. A copy of the standard
for the province of British Columbia, Canada is included in Appendix 3.
4.3 Economic Options
Economic options use market forces to encourage activities reducing deforestation and/or
forestry activities causing environmental problems. Such options include tax policies that reduce
assessments for "conservation land", government assistance for reforestation, tax incentives and
government subsidies for turbidity control and other Best Management Practices, and extending
the life of timber concessions to provide an incentive for protection and maintenance of the
reforested area until the new growth is well established. Other economic options include
changing laws inadvertently causing deforestation, provision of secure land tenure for forest
residents protecting the forest, the development of community forestry programs, and programs
for timber theft prevention.
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An example of an economic option is the use establishment of "conservation land" areas
in Lincoln, Massachusetts, USA. Tax rates are set at a lower level for forest lands of
conservation interest to the town. Another example of an economic option is the timber theft
program established by the State of Louisiana, USA which helps private landowners protect their
forest lands against timber theft (see Appendix 3 for more information on this program).
Brazil changed a policy which provided economic incentives for conversion of forests to
ranches in Amazonia. The changes involved suspending the economic incentives for new
livestock ranches in Amazonian forests.33
Another example of an economic option is changing the forest pricing methods. Options
include raising forest sale fees to market levels, simplifying overly complex procedures,
adjusting for inflation, increasing collection rates, using market mechanisms (e.g. competitive
bids) for concession allocation, and reducing wasteful logging through payment per tree or
volume of trees felled (rather than removed). The Grut, Gray and Egli report by the World
Bank on Forest Pricing contains detailed recommendations in each one of these areas.
Community forestry programs and land titling programs work with local populations and
their economic interests to increase forest protection. For example, the Awa reserve was created
in 1982 in Equador to protect 1700 hectares of forest from deforestation by developing a multi-
faceted program including land titling for local residents, inventorying forest resources and
developing a program for effective forest use.34 In Nepal, an effort to combat deforestation
involved establishment of community nurseries and distribution of tree seedings free or at
minimal cost, and promotion of agroforestry.35
4.4 Voluntary Options
Voluntary approaches are widely used in the forestry area to encourage compliance with
environmental goals. Voluntary options include education and technical assistance, timber
certification programs, and awards programs. Examples include many of the Best Management
Practice programs in the US which are voluntary, and depend heavily on education and technical
assistance efforts by forestry staff. For instance, a study of the effectiveness of U.S. State
programs directed at private landowners indicated technical assistance programs were judged
most effective36.
5. PLANNING, MONITORING, ENFORCEMENT AND COMPLIANCE
APPROACHES
5.1 Planning
Planning is used in many countries, from the national to local levels, to maximize the
benefit from forest resources, and minimize the environmental damage resulting from
deforestation and forestry activities. Typical plans relating to deforestation include land use
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planning, natural resource planning, park and recreational planning, and harvest planning,
with special attention focused on sensitive areas. For example, Madagascar is currently
undertaking a major national planning effort to preserve the remaining 20% of its forested
areas and is studying the potential of nature tourism in these areas.37 At a local level, the
State of California precludes any person from conducting timber operations unless a timber
harvesting plan, prepared by a registered professional forester, has been approved by the
Director of Forestry. The plan must be based on site-specific characteristics including
vegetation type, topography, and stream characteristics/8
5.2 Policy, Legislative and Regulatory Measures
A wide variety of policy statements, and legislative and regulatory measures have
been established to protect forests and prevent pollution. Two reference volumes allow
country-by-country analysis, lUCN's Protected Areas of the World: A Review of National
Systems, and FAO's Forest Legislation in Selected African Countries. A review of legislation
specifically pertaining to Biodiversity is contained in the World Conservation Monitoring
Centre's Global Diversity. Legislation on water quality and climate change is often available
through the offices responsible for those programs. Costa Rica's recent forest policy,
referenced in Appendix 3, is an example of a coordinated national effort, developed through
a cooperative process by the government and private forestry sector representatives. The
State of Virginia's recent Forest Water Quality Law is included in the same Appendix as an
example of a legislative measure designed to prevent water resource damage from forestry
activities.
5.3 Training, Education and Local Participation
Training and education of stakeholders helps people understand how to prevent and
reduce adverse environmental effects associated with deforestation and forestry activities,
and take appropriate action when possible. It also has been particularly important in
promoting community based programs which seek to substitute other economic uses of forest
resources and new forestry practices for forest clearing.
Where local populations live in or near forests, local participation has been found to
be essential to the successful prevention of deforestation. Many case studies of local
participation are included in Saving the Tropical Forests, and in People and Parks: Linking
Protected Area Management with Local Communities. The first study includes a number of
positive approaches to tropical forest conservation, and the second is a analytical look at the
results of a number of projects. Another report, Developing a Partnership of Indigenous
Peoples, Conservationists, and Land Use Planners in Latin America, includes case studies of
some successful forest preservation projects developed with indigenous peoples.
An example of a different type of community participation is the local volunteer
monitoring of water quality by organizations like the Izaak Walton League of America in
their Save Our Streams program. Started in 1969, the program has grown to several
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thousand active projects across the United States.39 Local groups "adopt" a stream of their
choice and monitor it for a year or more. Timber operations are one of the non-point
sources whose effects on surface waters the local groups are trained to monitor. Local
citizens are trained in conducting biological and/or chemical testing, and reporting stream
abuses, and are given information on improving water quality through measures such as Best
Management Practices for forestry activities. A Stream Quality Survey form, used for
monitoring of macroinvertebrates sensitive to turbidity and other forms of pollution, is
included in Appendix 3.
5.4 Monitoring and Inspection
Monitoring compliance is essential to a effective enforcement program. Forestry
monitoring may include evaluation of the overall extent of deforestation or forest
degradation, and/or examination of specific environmental problems caused by deforestation
such as erosion, and effects on surface water. Major monitoring tools in forestry include on-
site inspections by staff, citizen monitoring and complaints, aircraft overflights, and use of
satellite data. Despite the difficulty of monitoring theft and illegal logging in forest reserves,
many countries and indigenous populations are mounting effective monitoring and
surveillance programs. Countries such as Guyana have enlisted the support of their defense
forces and police in surveillance of sensitive forest reserves threatened by theft and
encroachment, (described in the Proceedings of the Third International Conference on
Environmental Enforcement, Oaxaca, Mexico, April 25-18, 1994.) Indigenous tribes in
Panama (Cuna) and Ecuador (Awa) have used coordinated tribal action to monitor and
protect designated forest reserves.
5.5 Enforcement and Compliance
This Document is intended to accompany the Principles of Environmental
Enforcement Text, U.S. EPA, which describes the basic elements and approaches for
establishing effective compliance strategies and enforcement programs. As a supplement to
international efforts to advance effective environmental compliance and enforcement
programs, the readers are referred as well to the UNEP IE training manual on Institution
Building for Industrial Compliance and Proceedings of the series of International
Conferences on Environmental Compliance and Enforcement for further discussion.
Many formal and informal enforcement/compliance mechanisms are used to prevent
deforestation and environmental problems from forestry activities empowering citizens and
governments to impose legal consequences to encourage and compel compliance. These
approaches include negotiation, warnings, Stop Work Orders, Notices of Violation, fines,
arrests, and court action. An example of a successful enforcement program is on the Bururi
and Rumonge forest preservation and reforestation projects in Burundi, where increased
enforcement was reported to be critical in reducing illegal fuelwood gathering and
logging.40 Samples of legislation and other documents supporting enforcement actions are
included in Appendix 3.
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REFERENCES
1. Sheram, Katherine, The Environmental Data Book. The World Bank, Washington DC 1993
p. 4
2. Narendra Sharma, ed., Managing the World's Forests: Looking for Balance Between
Conservation and Development. Kendall/Hunt Publishing Co., Dubuque, Iowa, p. 541-543.
3. FAO, Forest Resources of the Temperate Zones. Vol. II, FAO, Rome, Italy, p. 127.
4. FAO, Forest Resources of the Temperate Zones.. Vol. 1, FAO, Rome, Italy, p. 28.
5. World Conservation Monitoring Centre, Global Biodiversity. Chapman & Hall, London,
England, 1992., p. xv.
6. Jonas, Gerald, North American Trees. The Reader's Digest Association, Inc. Pleasantville,
NY, 1993, p. 12.
7. The World Bank, The Forest Sector. The World Bank, Washington, DC, 1991, p. 27.
8. Jagtap, R., V. Chavan and A. Untawale, "Mangrove Ecosystems of India: A Need for
Protection, Ambia. June 1993, p. 252-3.
9. McCloskey, Michael, "Note on the Fragmentation of Primary Rainforest", Ambia. June 1993,
p. 249-250.
10. The World Bank, The Forest Sector. The World Bank, Washington, DC, 1991, p. 10.
11. FAO, The Forest Resources of the Temperate Zones. Vol. II, FAO, Rome, Italy, p. 127.
12. The World Bank, The Forest Sector. The World Bank, Washington, DC, p. 10.
13. Sting and Jean-Pierre Dutilleux, Jungle Stories: The Fight for the Amazon. Barrie &
Jenkins, London, England, p. 31.
14. Robert Repetto, "Deforestation in the Tropics", Scientific American. April 1990, p. 37.
15. Raloff, Janet, "Where Acids Reign", Science News. July 22, 1989, p. 56.
16. Lean, Geoffrey, ed., World Wildlife Fund Atlas of the Environment. Prentice Hall Press,
New York, NY 1990, p. 77.
17. Janet Raloff, "Where Acids Reign", Science News. July 22, 1989, p. 56-58.
18. FAO, Forest Products: Yearbook 1991. FAO, Rome, Italy, 1992, p. x, 2-3.
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REFERENCES
19. Mikael Grut, John Gray and Nicolas Egli, Forest Pricing and Concession Policies. The
World Bank, Washington, DC, 1991, p. 7.
20. U.S. Environmental Protection Agency, Region 10, and the University of Washington,
Monitoring Guidelines to Evaluate Effects of Forestry Activities on Streams in the Pacific
Northwest and Alaska. USEPA Water Division, Region 10, Seattle, WA, May, 1991, p. 98.
21. J.S. Spears, "Deforestation Issues in Developing Countries, the Case for an Accelerated
Investment Program", Commonwealth Forestry Review 64., p. 313.
22. Robert Repetto, "Deforestation in the Tropics", Scientific American. April 1990, p. 37.
23. Kenneth Asdrasko and the FAO, Climate Change and Global Forests: Current Knowledge
of Potential Effects. Adaptation and Mitigation Options. Draft, FAO, Rome, Italy, October 1990,
p. 1,3,9.
24. W. Makundi, J. Sathaye and P.M. Fearnside, Carbon Emissions and Sequestration in
Forests: Case Studies from Seven Developing Countries.. Vol. 2, Greenhouse Gas Emissions
from Deforestation in the Brazilian Amazon", Lawrence Berkeley Lab, U.S. Environmental
Protection Agency, U.S. Department of Energy, Washington, D.C., August 1992.
25. Catherine Dold, "Tropical Forests Found More Valuable for Medicine than Other Uses",
New York Times. April 28, 1992, p. C4.
26. Kenton Miller and Laura Tangley, Trees of Life: Saving Tropical Forests and Their
Biological Wealth. Beacon Press, Boston, MA, 1991, p. xviii.
27. U.S. Environmental Protection Agency, guidance Specifying Management Measures for
Sources of Nonpoint Pollution in Coastal Waters.. "Management Measures for Forestry",
USEPA, Office of Water, Washington, DC, January 1993, p. 3-3.
28. U.S. Environmental Protection Agency and Tetra Tech, Inc. Summary of Currrent State
Nonpoint Source Control Practices for Forestry. USEPA Office of Wetlands, Oceans and
Watersheds, August 1993, p. 2-3.
29. World Conservation Monitoring Centre with IUCN, UNEP, WWF and WRI, Global
Biodiversity. Chapman & Hall, London, England, 1992, p. 447, 452.
30. Robert Repetto, "Deforestation in the Tropics", Scientific American. April 1990, p. 42.
31. Lean, Geoffrey, World Wildlife Fund Atlas of the Environment. Prentice Hall Press, N.Y.,
NY, 1990, p. 80.
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REFERENCES
32.Manuel Perez, Jeffrey Sayer, Susanna Jehoram, El Extractivismo en America Latina. IUCN,
Gland, Switzerland, 1993, p. 63.
33. Robert Repetto, "Deforestation in the Tropics", Scientific American, April 1990, p. 39.
34. Judith Gradwohl and Russell Greenberg, Saving the Tropical Forests, Earthscan Publications
Ltd., London, England, 1988, p. 83-85.
35. Hans Gregersen, Sydney Draper, Dieter Elz, Ed., People and Trees: The Role of Social
Forestry in Sustainable Development, The World Bank, Washington, DC, 1989, p. 134.
36. Antony Cheng and Paul Ellefson, State Programs Directed at the Forestry Practices of
Private Forest Landowners: Program Administrators' Assessment of Effectiveness, Minnesota
Agricultural Experiment Station, University of Minnesota, S. Paul, MN, 1993, p. 31.
37. Conservation International, The Rain Forest Imperative: A Ten Year Strategy to Save
Earth's Most Threatened Ecosystems, Conservation International, Washington, DC, 1990, p. 9.
38. U.S. Environmental Protection Agency and Tetra Tech, Inc., Summary of Current State
Nonpoint Source Control Practices for Forestry, USEPA Office of Wetlands, Oceans and
Watersheds, August 1993., p. 19.
39. Izaak Walton League of America, Save Our Streams, Cover Letter to Volunteer Package,
Izaak Walton League of America, Arlington, VA, 1994.
40. Michael Wells and Katrina Brandon, People and Parks: Linking Protected Area Management
with Local Communities. The World Bank, WWF and USAID, Washington, DC, 1992, p. 66-
69.
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APPENDIX 1: MINISTRIES AND ORGANIZATIONS CONCERNED
WITH FORESTRY AND DEFORESTATION
Directory of Principal Governmental Bodies Dealing with the Environment. United Nations
Environment Program, Nairobi, 1990.
Compiled by the Environmental Law and Institutions Unit of UNEP, the Directory
provides the name of the Ministry or Department dealing with environmental issues, along with
address, phone number and fax.
Worldwide Government Directory, Belmont Publications, Bethesda, MD. 1993.
Country by country listing of the structure and personnel of 193 governments, including
the heads of state, ministries, departments, and legislative and judicial entities.
Natural Resources Directory: Latin America and the Caribbean, Partners of the Americas with
the Tinker Foundation, 1988.
Country by country listing of non-government organizations with contacts and description,
and listing of government ministries concerned with natural resources.
Directory of Non-Governmental Environment and Development Organizations in OECD Member
Countries. OECD, Paris, France, 1992.
Listing ofNGOs by country including contacts and activities in the areas of development,
environment, and environmental education.
World Directory of Environmental Organizations: A Handbook of National and International
Organizations and Programs-Governmental and Non-Governmental-Concerned with Protecting
the Earth's Resources. T. Trzyna and R. Childers, ed., California Institute of Public Affairs,
Sacramento, CA 1992.
National agencies and forestry associations are listed by country in Part 7. International
forestry organizations are listed on pages 25-26.
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APPENDIX 2: ANNOTATED BIBLIOGRAPHY
A2.1 BOOKS, REPORTS, AND ARTICLES
GENERAL
Andrasko, K., "Global warming and forests: an overview of current knowledge", Unasylva,
Vol. 41, FAO, Rome, Italy, 1990/4.
Summary of current knowledge about global warming, its potential effects on forests, and
possible measures within the forestry sector to mitigate global warming.
Andrasko, Kenneth and the FAO (Food and Agriculture Organization of the United Nations),
Climate Change and Global Forests: Current Knowledge of Potential Effects. Adaptation and
Mitigation Options, Draft, FAO, Rome, Italy, October 1990.
A comprehensive review of the scientific literature on climate change due to the
greenhouse effect and the potential effect on forests. Also discusses the role afforests
and forestry in reducing and contributing to greenhouse gasses.
Commonwealth Secretariat, Sustainable Development: An Imperative for Environmental
Protection, Economic Affairs Division, Commonwealth Secretariat, London, England, August
1991.
Conclusions of an appointed Commonwealth group of experts regarding sustainable
development for the Commonwealth countries. Chapter 3 covers forests; Chapter 4
climate change.
Dixon, Robert and Kenneth Andrasko, "Integrated Systems: Assessment of Promising
Alternative Land-Use Practices to Enhance Carbon Conservation and Sequestration", IPCC
(Intergovernmental Panel on Climate Change) Workshop, Canberra, Australia, Jan. 1992.
Analysis of technical options from 94 nations to sequester and conserve carbon on
marginal lands, including revegetation practices.
Dixon, et al, "Carbon Pools and Flux of Global Forest Ecosystems", Science, vol. 263, January
14, 1994.
Summary and analysis of the role of forest systems in carbon sequestration. Indicates
over two-thirds of the carbon in forest ecosystems is contained in soils and associated
peat deposits.
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Dold, Catherine, "Tropical Forests Found More Valuable for Medicine than Other Uses", New
York Times. April 28, 1992.
A study of two secondary growth hardwood forest plots in Belize showing the value of all
the medicinal plants that could be sustainabfy harvested and sold to local herb
pharmacists and healers exceeded the estimated value of other land uses, including timber
harvesting.
Federal Law Enforcement Training Center, Basic Law Enforcement for Land Management
Agencies. Syllabus. FLETC, April 1991.
200+ page volume describing each segment of the course, including performance
objectives and method of evaluation.
FAO (Food and Agricultural Organization of the United Nations), Forest products: Yearbook
1991. FAO, Rome, Italy, 1992.
Annual statistical yearbook of global and country-specific forest products.
FAO (Food and Agriculture Organization of the United Nations), Some medicinal Forest Plants
of Africa and Latin America. FAO Forestry Dept., Rome, Italy, 1986.
Information on 40 species of trees and shrubs with a variety of traditional and
pharmaceutical uses, compiled in collaboration with nine institutions in Africa and Latin
America.
FAO and the UN Economic Commission for Europe, The Forest Resources of the Temperate
Zones. Main findings of the UN-ECE/FAO 1990 Forest Resource Assessment, and Vol. II,
Benefits and Functions of the Forest.
Study includes analyses of a range of forest uses.
Gradwohl, Judith and Russell Greenberg, Saving the Tropical Forests. Earthscan Publications
Ltd., London, England, 1988.
Case studies including forest reserves, natural forest management, and tropical forest
restoration.
Gillis, M. Forest Incentive Policies. Duke University, N.C., 1991.
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Grut, Mikael, John Gray and Nicolas Egli, Forest Pricing and Concession Policies. World Bank,
Washington, D.C., 1991.
Issues, options, and recommendations on forest pricing and concession policies in West
and Central Africa
Henly, Russell, and Paul Ellefson, State Forest Practice Regulation in the United States:
Administration. Cost and Accomplishments. University of Minnesota, St. Paul, Minnesota.
Detailed description of state forest practice regulation in the U. S.. Public sector costs
of regulation were estimated at $10 million for 1984; private sector compliance costs at
$121 million.
International Tropical Timber Organization (ITTO), ITTO guidelines for the Sustainable
Management of Natural Tropical Forests. ITTO, Yokohama, Japan, December 1990.
Guidelines for "best practice" for sustainable management of natural forests developed
by an international 13-member panel of experts, and endorsed by the eight Council
session in 1990.
IUCN (International Union for the Conservation of Nature), Caring for the Earth: A Strategy
for Sustainable Living. IUCN, UNEP, WWF, Gland, Switzerland, October 1991.
Priority action recommendations for country management afforests include preparation
of an inventory of a forest inventory, protection of areas of natural forest, sustainable use
of modified forests, establishment of plantations for sustainable harvesting, and
involvement of local communities in forest management.
IUCN (International Union for the Conservation of Nature), Conserving Biological Diversity in
Managed Tropical Forests. J. Blockhus, M. Dillenbeck, J. Sayer, and P. Wegge, Ed., IUCN,
Gland, Switzerland, 1992.
A study to determine whether member countries of the International Tropical Timber
Organization (ITTO) have a legal and administrative basis for managing their production
forests to contribute to biological diversity conservation.
IUCN, El Extractivismo en America Latina, IUCN, Gland, Switzerland, 1993.
General summary and country-specific description of non-timber harvesting in Latin
America.
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IUCN, Parks and Progress: Protected Areas and Economic Development in Latin America and
the Caribbean, V. Barzetti, Ed., IUCN and the Inter-American Development Bank, Gland,
Switzerland, 1993.
Synopsis of workshops and reports from the Feb. 1992 World Congress on National Parks
and Protected Areas.
Lawrence Berkeley Lab, Carbon emissions and sequestration in forests: Case studies from seven
developing Countries, U.S. Department of Energy, DC, August 1992.
The study assesses the major effect forest preservation can have on global warming
relative to other control measures.
Leblanc, Joyce Y., "A Perfect Scene for a Perfect Crime":, Forests and People, Louisiana
Forestry Association, Forth Quarter 1992, p. 5-11.
Description of timber theft and investigations of an estimated $15 million/year of timber
theft in Louisiana.
Lean, Geoffrey, ed., World Wildlife Fund Atlas of the Environment, Prentice Hall Press, New
York, NY, 1990.
Environmental Atlas including narrative and maps on tropical forest destruction, the
tropical timber trade, the fuelwood crisis, damaged watersheds, temperate forests under
threat, acid rain, biological diversity and genetic resources, and protected areas and
national parks.
Mahar, Dennis, Government Policies and Deforestation in Brazil's Amazon Region. The World
Bank, WWF, and the Conservation Foundation, Washington, DC, 1989.
Analysis of policies contributing to deforestation and recommendations.
McCloskey, Michael, "Note on the Fragmentation of Primary Rainforest", Ambia, June 1993,
p. 249-250.
Article indicates forest fragmentation is a precursor of deforestation.
Miller, Kenton and Laura Tangley, Trees of Life: Saving Tropical Forests and Their Biological
Wealth. Beacon Press, Boston, MA, 1991.
Contains many facts regarding tropical forests and the environment, and includes
recommendations for action.
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Poole, Peter, Developing a Partnership of Indigenous Peoples, Conservationists, and Land Use
Planners in Latin America, Latin America and the Caribbean Technical Dept., The World Bank,
August 1989.
Recommendations for partnerships with indigenous peoples, including activities in forest
areas.
Poole, Peter and Jeffrey Sayer, The Management of Tropical Moist Forest lands: Ecological
Guidelines. IUCN, Gland, Switzerland, 1991.
Fundamental guidelines and key principles for management updated from the 1987
edition.
Raloff, Janet, "Where Acids Reign", Science News. July 22, 1989, p. 56-58.
Review of the effect of air pollution on forests .
Repetto, Robert, "Deforestation in the Tropics", Scientific American. April 1990, p. 36-42.
Overview of deforestation causes and effects.
Seager, Joni, Ed., The State of the Earth Atlas. Simon & Schuster, Inc., NY, NY, 1990.
Global maps showing areas vulnerable to sea level rise as a result of global warming,
rainforest destruction, proportion of population with access to safe drinking water,
desertification risks and soil erosion, proportion of energy supplied by fuelwood and
charcoal, acid rain, and timber trade.
Serageldin, Ismail, Saving Africa's Rainforests, The World Bank, Washington, DC, 1993.
Summary and discussion of deforestation in Sub-Saharan Africa with recommendations
for a comprehensive approach.
Sharma, Narendra,ed., Managing the World's Forests: Looking for Balance Between
Conservation and Development. Kendall/Hunt Publishing Co., Dubuque, Iowa, 1992.
Assessment of the world forestry situation from many perspectives, including watershed
management, climate change, biological diversity, fuelwood, concessions, and forest
valuation.
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Trahan, Tom, "How to Reduce Chances for Timber Theft Losses", Forests and People.
Louisiana Forestry Association, Forth Quarter, 1992, p. 5.
Summary of successful program in Louisiana to reduce timber theft on both public and
private forests.
UNCED (United Nations Conference on Environment and Development: National Reports
Summaries), Nations of the Earth Report. UNCED, Geneva, 1992.
Summary of environmental problems, including deforestation, and initiatives for dealing
with them for 47 country reports.
Wells, Michael and Katrina Brandon, People and Parks: Linking Protected Area Management
with Local Communities. The World Bank, WWF, and USAID, Washington, DC., 1992.
Includes case studies of problems and successes with community involvement in protected
area conservation.
Whelan, Tensie, Nature Tourism: Managing for the Environment. Island Press, Washington,
DC, 1991.
Discussion of economic aspects and case studies including forested parks in Kenya and
Costa Rica.
World Conservation Monitoring Centre, Global Biodiversity. World Conservation Monitoring
Centre with IUCN, UNEP, WWF and WRI, Chapman & Hall, London, England, 1992.
Detailed summary of information on biodiversity, including a section on national policies
and instruments in Part 3.
World Bank with IUCN, Conservation of West and Central African Rainforests. K. Cleaver, M.
Munasinghe, M. Dyson, N. Egli, A. Peuker, F. Wencelius, eds., The World Bank, Washington,
DC, 1992.
Selected papers from the Conference on Conservation of West and Central African
Rainforests, held in Abidjan, November 5-9, 1990. Subjects include country strategies,
agricultural nexus, natural forestry management, biodiversity and conservation, forest
peoples and products, economic and fiscal issues, and institutional and private
participation issues.
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World Bank, The Forest Sector: A World Bank Policy Paper. The World Bank, Washington,
DC. 1991.
Outlines the World Bank policy on forests, including promotion of the conservation of
natural forests and the sustainable development of managed forestry resources.
Objectives include support for international efforts and legal instruments to promote forest
conservation, assistance to government in policy reform and institutional strengthening,
creation of additional forest resources, and support for initiatives that preserve intact
forest areas.
World Bank, People and Trees: The Role of Social Forestry in Sustainable Development. Hans
Gregersen, Sydney Draper, Dieter Elz, eds., The World Bank, Washington, DC, 1989.
A reference for training those involved in integrating trees into farming and ecological
systems. Indicates the two most important conditions for success are a high level of local
participation and substantial political commitment to long term solutions.
World Resources Institute, The 1994 Information Please Environmental Almanac, Houghton
Mifflin Co., Boston, NY 1993 and 1994.
Annual almanac with country-by-country descriptions of environmental problems and
issues, including deforestation. The 1993 edition contains a special section on wetlands
and forests.
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WATER RESOURCES AND FORESTRY
Brooks, Kenneth et al, "Watershed Management: A Key to Sustainability", Managing the
World's Forests. N. Sharma, ed., Kendall/Hunt Publishing Co., Dubuque, Iowa, 1992, p. 455-
487.
Description of a practical framework to identify and assess priorities for watershed
management in forestry projects, with examples of successes and problems.
Cheng, Antony and Paul Ellefson, State Programs Directed at the Forestry Practices of Private
Forest Landowners: Program Administrators' Assessment of Effectiveness. Minnestota
Agricultural Experiment Station, University of Minnesota, S. Paul, MN, 1993.
Technical assistance and educational programs were most commonly used, particularly
for protecting water quality. Technical assistance programs were judged most effective,
although regional differences were evident in the use of programs such as financial
incentive, tax, and regulatory programs.
U.S. Environmental Protection Agency, Guidance Specifying Management Measures for Sources
of Nonpoint Pollution in Coastal Waters. (840-B-92-002), Chapter 3, "Management Measures
for Forestry", USEPA, Office of Water, Washington, DC 20460, January 1993.
Detailed description of runoff control measures for forestry operations, including some
costs and effectiveness data. Sections include preharvest planning, streamside
management areas, road construction/reconstruction, road management, timber
harvesting, site preparation and forest regeneration, fire management, revegetation of
disturbed areas, forest chemical management, and wetlands forest management.
(Although the title refers to "coastal", the measures apply to forestry operations and
water resources in general (e.g. surface and ground waters).
U.S. Environmental Protection Agency, Economic Analysis of Coastal Nonpoint Source
Pollution Controls: Forestry. December 15, 1992.
Analysis of the economic feasibility of implementing the management measures for forestry
discussed in the preceding document.
U.S. Environmental Protection Agency and Jones & Stokes Associates, Effectiveness of
Agricultural and Silvicultural Nonpoint Source Controls. Jones & Stokes Associates, Inc.,
Bellevue, WA, 1988.
Many case studies of silvicultural-related monitoring in Alaska and the western U. S.
Report includes recommendations for silviculture monitoring.
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U.S. Environmental Protection Agency and Tetra Tech, Inc., Summary of Current State
Nonpoint Source Control Practices for Forestry. (EPA-841/S-93-001), USEPA Office of
Wetlands, Oceans and Watersheds, August 1993.
A state-by-stale synopsis of the currently used Best Managment Practices to address
nonpoint pollution impacts on water quality caused by forestry activities.
U.S. Environmental Protection Agency, Region 10, and University of Washington, Monitoring
Guidelines to Evaluate Effects of Forestry Activities on Streams in the Pacific Northwest and
Alaska. (EPA/910/9-91-001), USEPA Water Division, Region 10, May 1991.
Information on how to develop water quality monitoring for forested areas, including
baseline and compliance monitoring.
U.S. Environmental Protection Agency and Tetra Tech, Inc., Water Quality Effects and
Nonpoint Source Control for Forestry: An Annotated Bibliography. EPA-841/B-93-005, Office
of Water, USEPA, Washington, DC, August 1993.
More than 240 pages of annotated technical documents covering areas of Best
Management Practice such as road construction and timber harvest, plus sections on
instream studies, modeling, and water quality monitoring.
U.S. Forest Service, Stream Habitat Improvement Handbook. Tech. Pub. R8-TP, U.S. Dept.
of Agriculture, Forest Service Southern Region, Atlanta, Ga., June 1992.
Includes instructions and photos for improving fish habitat, including removal of
sediment. Cost estimates are also provided.
28
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A2.2 JOURNALS AND NEWSLETTERS
Forestry Support Program, US Forest Service International Forestry, Directory of Selected
Tropical Forestry Journals and Newsletters.. US National Forest Service, Washington, DC,
1993.
A directory of almost 500 periodicals focusing on tropical forestry including contacts, a
summary of the focus of the publishing organization, frequency of publication, and target
audience.
29
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A2.3 OBTAINING SELECTED PUBLICATIONS
HOW TO OBTAIN SELECTED PUBLICATIONS
UNITED NATIONS (FAO) PUBLICATIONS: Check your local bookstore, or write:
UNIPUB
4611/F, Assembly Drive
Lanham, MD 20706-4391, USA
US ENVIRONMENTAL PROTECTION AGENCY PUBLICATIONS:
U.S. Environmental Protection Agency
401 M Street, SW
Washington, DC 20460, USA
WORLD BANK PUBLICATIONS:
World Bank
Publications Office
1818 H St., N.W.]
Washington, DC 20433, USA
FEDERAL LAW ENFORCEMENT TRAINING CENTER PUBLICATIONS:
Federal Law Enforcement Training Center
Glynco, GA 31524, USA
US FOREST SERVICE PUBLICATIONS:
Forestry Support Program
USDA Forest Service
PO Box 96090
Washington, DC 20090-6090
30
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APPENDIX 3: SAMPLE LAWS, CRITERIA, PERMITS,
SURVEY FORMS, GUIDELINES, CONTRACTS AND POLICIES
A3.1 Forest Water Quality Law and Description:
Commonwealth of Virginia, USA, 1993
A3.2 Provincial Turbidity Criteria: British Columbia, Canada
Feb. 1985
A3.3 Forest Operation Permit: State of Oregon, USA, 1991
A3.4 NGO(Non-Government Agency) Stream Quality Survey
A3.5 Timber Theft Legislation, Prevention Guidelines, and Sample
Timber Sales Contract: State of Louisiana, USA
A3.6 National Forestry Policy: Costa Rica, 1993
31
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APPENDIX A3.1: Forest Water Quality Law and Description
Commonwealth of Virginia, 1993.
CHAPTER 948
An Act to amend and reenact § 10.1-1105 of the Code of Virginia and to amend the Code of
Virginia bv adding in Chapter 11 of Title 10.1 an article numbered 12. consisting of
sections numbered 10.1-1181.1 through 10.1-1181.7. relating to silvicultural activities
affecting water quality: civil penalties.
[H 2055]
Approved April 7, 1993
Be it enacted by the General Assembly of Virginia:
1 That § 10.1-1105 of the Code of Virginia is amended and reenacted and that the Code of
Virginia is amended by adding in Chapter 11 of Title 10.1 an article numbered 12, consisting of
sections numbered 10.1-1181.1 through 10.1-1181.7, as follows:
§ 10.1-1105. Additional powers and duties of State Forester.—The State Forester shall
supervise and direct all forest interests and all matters pertaining to forestry within the
Commonwealth. He shall have charge of all forest wardens and shall appoint, direct and
supervise persons he employs to perform labor in the forest reservations or the nurseries
provided for herein. He shall take such action as is authorized by law to prevent and extinguish
forest fires; enforce all laws pertaining to forest and woodlands; prosecute any violation of such
laws; collect information relative to forest destruction and conditions; direct the protection and
improvement of all forest reservations; and, as far as his duties as State Forester will permit,
conduct an educational course on forestry at the University of Virginia for credit toward a
degree, at farmers' institutes and at similar meetings within the Commonwealth. He shall
provide for the protection of state waters from pollution by sediment deposition resulting from
silvicultural activities as provided in Article 12 (§ 10.1-1181.1 et seq.) of this chapter. In
addition, the State Forester shall cooperate with counties, municipalities, corporations and
individuals in preparing plans and providing technical assistance for the protection, management
and replacement of trees, wood lots and timber tracts and the establishment and preservation of
urban forests, under an agreement that the parties obtaining such assistance shall pay the field
and traveling expenses of the person employed in preparing such plans.
Article 12.
Silvicultural Activities Affecting Water Quality.
§ 10.1-1181.1. Definitions.—As used in this article unless the context requires a different
meaning:
"Operator" means any person that operates or exercises control over any silvicultural
activity.
"Owner" means any person that (i) owns or leases land on which silvicultural activity
occurs or (ii) owns timber on land on which silvicultural activity occurs.
"Pollution" means such alteration of the physical, chemical or biological properties of any
state waters resulting from sediment deposition as will or is likely to create a nuisance or
render such waters (i) harmful or detrimental or injurious to the public health, safety or
welfare, or to the health of animals, fish or aquatic life; (ii) unsuitable with reasonable
treatment for use as present or possible future sources of public water supply; or (Hi)
unsuitable for recreational, commercial, industrial, agricultural, or other reasonable uses.
"Silvicultural activity" means any forest management activity, including but not limited to
the harvesting of timber, the construction of roads and trails for forest management purposes,
and the preparation of property for reforestation.
"Special order" means a special order or emergency special order issued under subsection
B or C of § 10.1-1181.2.
§ 10.1-1181.2. Conduct of silvicultural activities; issuance of special orders.—A. If the State
Forester determines that an owner or operator is conducting or allowing the conduct of any
silvicultural activity in a manner which is causing or is likely to cause pollution, he may
32
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ACTS OF ASSEMBLY [VA., 1993
advise the owner or operator of corrective measures needed to prevent or cease the pollution
Failure of the State Forester to advise an owner or operator of such corrective measures shall
not impair the State Forester's authority to issue special orders pursuant to subsection B or C
of this section
B. The State Forester shall have the authority to issue special orders to anv owner or
operator who is conducting, or allowing to be conducted, any silvicultural activity in a manner
which is causing or is likely to cause pollution, to cease immediately all or part of the
silvicultural activities on the site, and to implement specified corrective measures within a
stated period of time. Such special orders are to be issued only after a hearing with reasonable
notice to the owner or operator, or both, of the time, place and purpose thereof, and thev shall
become effective not less than five days after service as provided in subsection D of this
section.
C. If the State Forester finds that any owner or operator is conducting any silvicultural
activity in a manner which is causing or is likely to cause an alteration of the physical,
chemical or biological properties of any state waters resulting from sediment deposition
presenting an imminent and substantial danger to (i) the public health, safety or welfare, or the
health of animals, fish or aquatic life; (ii) a public water supply; or (Hi) recreational.
commercial, industrial, agricultural or other reasonable uses, the State Forester may issue,
without advance notice or hearing, an emergency order directing the owner or operator, or
both, to cease immediately all or part of the silvicultural activities on the site, and to
implement specified corrective measures within a stated penod of time. The commencement of
proceedings by the State Forester for the issuance of a special order pursuant to subsection B
of this section shall not impair the State Forester's authority to issue an emergency special
order pursuant to this subsection. The State Forester shall provide an opportunity for a
hearing, after reasonable notice as to the time and place thereof to the owner or operator, to
affirm, modify, amend or cancel such emergency special order.
D. The owner or operator to whom such special order is directed shall be notified bv
certified mail, return receipt requested, sent to the last known address of the owner, or
operator, or by personal delivery bv an agent of the State Forester, and the time limits
specified shall be counted from the date of receipt.
E. The State Forester shall not issue a special order to any owner or operator who has
incorporated generally acceptable water quality protection techniques in the operation of
silvicultural activities, which techniques have failed to prevent pollution, if the State Forester
determines that the pollution is the direct result of unusual weather events which could not
have been reasonably anticipated.
F. Any hearing required under this section shall be conducted in accordance with §
9-6.14:12 unless the parties consent to informal proceedings.
§ 10.1-1181.3. Civil penalties.—A. Any owner or operator who violates, or fails or refuses to
obey any special order may be assessed a civil penalty by the State Forester. Such penaltv
shall not exceed $5,000 for each violation. Each day of a continuing violation may be deemed
a separate violation for purposes of assessing penalties. In determining the amount of the
penalty, consideration shall be given to the owner's or operator's history of noncompliance; the
seriousness of the violation, including any irreparable harm to the environment and any hazard
to the health or safety of the public; whether the owner or operator was negligent; and the
demonstrated good faith of the owner or operator in reporting and remedying the pollution.
B. A civil penalty may be assessed by the State Forester only after the owner or operator
has been given an opportunity for a hearing. Any hearing required under this section shall be
conducted in accordance with § 9-6.14:12, unless the parties consent to informal proceedings. If
the owner or operator fails to avail himself of the opportunity for a formal hearing, a civil
penalty shall be assessed by the State Forester after the State Forester finds that a violation of
a special order has occurred and the amount of the civil penalty warranted, and issues an
order requiring that the civil penalty be paid.
C. If a person who is required to pay a civil penalty fails to do so, the State Forester mav
transmit a true copy of the final order assessing such penalty to the clerk of circuit court of
any county or city wherein it is ascertained that the person owing the penaltv has any estate;
and the clerk to whom such copy is sent shall record it, as a judgment is required bv law to
be recorded, and shall index the same in the name of the Commonwealth as well as of the
person owing the penalty, and thereupon there shall be a lien in favor of the Commonwealth
on the property of the owner or operator within such county or citv in the amount of the
penalty. The State Forester may collect civil penalties which are owed in the same manner as
provided by law in respect to judgment of a court of record. All civil penalties shall be paid
into the state treasury and deposited by the State Treasurer into the Virginia Forest Water
Quality Fund pursuant to § 10.1-1181.7.
D. With the consent of any owner or operator who has violated or failed, neglected or
refused to obey any special order of the State Forester issued pursuant to subsection B or € of
§ 10.1-1181.2, the State Forester may provide, in an order issued by the State Forester against
such owner or operator, for the payment of civil charges for violations in specific sums, not to
exceed^ the limit specified in subsection A of this section. Such civil charges shall be in lieu of
33
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CH. 948] ACTS OF ASSEMBLY
any civil penalty which could be imposed under subsection A of this section, and shall be
placed in the Virginia forest Water Quality Fund pursuant to § 10.1-1181.7.
§ W.I-1181.4 Final decisions; costs of hearing examiner.—A. Any final order or decision
rendered pursuant to this article shall be reduced to writing and shall contain the explicit
findings of fact and conclusions of law upon which the decision is based. Certified copies of the
written decision shall be delivered or mailed by certified mad to the parties affected by the
decision.
B. If any final agencv case decision is rendered following a hearing conducted in
accordance with § 9-6' 14:12 presided over by a hearing officer, the officer shall be paid by the
State Forester if the owner or operator is the prevailing party, or by the owner or operator if
the State Forester is the prevailing party. The findings of the hearing officer shall specify which
party prevailed m the hearing.
§ 10.1-1181.5. Judicial review.—Any person aggrieved by a final order or decision under
this article shall be entitled to judicial review thereof in accordance with the Administrative
Process Act (§ 9-6.14:1 et seq.). The commencement of a proceeding for judicial review under
this section shall not. unless specifically ordered by the court, operate as a stay of the order or
decision of the State Forester.
§ 10.1-1181.6. Enforcement by injunction.—Any owner or operator violating or failing,
neglecting or refusing to obey any special order issued by the State Forester may be compelled
in a proceeding instituted in any appropriate circuit court by the State Forester to obey same
and to complv therewith bv injunction, mandamus or other appropriate remedy, without the
necessity of showing that an adequate remedy at law does not exist.
§ 10.1-1181.7, Virginia Forest Water Quality Fund established; administration and
disbursements.—A. There is hereby established a special, nonreverting fund in the state treasury
to be known as the Virginia Forest Water Quality Fund, hereafter referred to as the Fund, to
be used for education efforts, promoting the implementation of proper silvicultural activities,
research, and monitoring the effectiveness of practices to prevent erosion and sedimentation.
The Fund shall be a nonlapsmg fund consisting of moneys received and credited to the Fund
bv the State Treasurer for civil penalties and civil charges assessed pursuant to this article.
Interest earned on the Fund shall be credited to the Fund. The Fund shall be established on
the books of the State Comptroller. Any money remaining in the Fund at the end of the
biennium shall not revert to the general fund but shall remain in the Fund.
B. Disbursement of moneys from the Fund shall be made by the State Comptroller at the
written request of the State Forester. Disbursements from the Fund may be made for the
purposes set forth in subsection A of this section, including, but not limited to. personnel,
administrative, and equipment costs and expenses directly incurred by the Department in
connection with such purposes.
34
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Helping Forests
Provide for
All Virginians
/«•
Clean \\ater
•Jobs
• 1000's of Forest
Products Used
Evervdav
Purpose
The purpose of this law is to ensure that those individuals who are not doing their share to
protect water quality through the voluntary program will be prohibited from degrading the
waters of Virginia.
What this law is about!
•This legislation will give the Virginia Department of Forestry (DOF) legal authority to
protect water quality from excessive sedimentation originating from forestry operations.
•This law will come into effect July 1, 1993.
•Procedures will be developed by The Department of Forestry and will feature a
cooperative effort to solve water quality problems.
•The DOF can enter into a Special Order to implement corrective measures for forestry
operations. Should this be ignored, a Stop-Work Emergency Order may be issued.
Violation of any order may be subject to a civil penalty of up to $5,000 per day,
•Tracts completed prior to July 1, 1993 will not be subject to the law but active tracts after
July 1, 1993 will be affected.
•The Slate benefits significantly by avoiding an unnecessary and expensive regulatory
program. This legislation will be implemented through routine contacts currently conducted
by DOF foresters on a county level.
•If serious water quality degradation is occurring, a Stop-Work Emergency Order may be
issued immediately.
Answers to frequent questions
Why is this legislation needed? Is the current program ineffective?
The current non-regulatory program has proven successful. The logging community has
responded with good results, indicating widespread support of the stewardship principles of
the non-regulatory plan. In only a few instances have operators been unwilling to
participate. This legislation is designed to complement the existing voluntary water quality
program.
What groups are supporting this legislation?
Groups endorsing the legislation include the Forestry Task Force for Water Quality, the
Virginia Wildlife Federation, the Lumber Manufacturer's Association of Virginia, the
Virginia Forestry Association, the Appalachian Forest Management Group, and the Virginia
Chapter of the Association for Consulting Foresters.
35
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What will be the extra compliance cost to timber Harvesters and landowners?
One advantage of the proposed legislation is that no extra costs should be incurred by ihc^e
who arc currently adhering to Virginia's non-reguiatory forestry program.
Will there be any costs to the Commonwealth? No. Although the Department is still short-
handed in many areas of Virginia, the costs to the state should be minimai. This legislation
can be implemented through routine visits by local DOF personnel to forestry operations.
The number of operations projected to be affected by this legislation are few.
Who will have the authority to enforce this law and how does it work?
Lx)cal county personnel with the DOF would continue to visit forestry operations to monitor
efforts with the current non-regulatory BMP program as well as The Seed Tree I.aw. and
Debris in Streams Law. The following is the anticipated sequence of events:
First Visit- «If a problem is found during this visit, the "operator1 or "owner1 will be provided
with recommendations and a designated time frame for corrections.
Second Visit-* A Notice of Required Action will be issued if the corrective action is not taken.
This Notice of Required Action will have recommendations and a designated time frame for
corrections,
Third Visit-tit the problem is not corrected, an informal conference will be scheduled and
a Special Order written, signed by both the DOF and the logger. This Special Order will
have recommendations for correcting the problem and a designated time frame for
completion.
Fourth Visit-«If the terms of the Special Order are not followed, a Stop-Work Emergency
Order will be issued, a formal hearing scheduled, and civil penalty assessed. Stop-Work
Emergency Orders will be issued by the Regional Forester.
NOTE- A STOP-WORK EMERGENCY ORDER CAN BE ISSUED ANYTIME
SEVERE WATER QUALITY PROBLEM EXISTS.
IF A
What safeguards will be in place to protect the timber harvester for land activities taking place
after he has left the site in compliance with the current non-regulatory program?
The procedures for the legislation will include provisions for a final inspection by DOF
personnel at the conclusion of the harvesting job. If the "operator" or "owner" has used
proven conservation measures and protected water quality, he would be relieved from
future water quality corrective action on the tract.
If you have any questions, please contact the DOF Regional offices listed below:
John M. Carroll Michael T. Griffin Frank Burchinal
PO Box 198 PO Box Q PO Box 100
Waverly, VA 23890-0198 Charlottesville, VA 22903 Salem, VA 24153-0100
(804)834-2300 (804)977-5193 (703)387-5461
William L. Saunders
PO Box 759
Tappahannock, VA 22560-0759
(804)443-2211
J. Randall Parris
PO Box 978
Abmg
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APPENDIX A3.2: Provincial Turbidity Criteria
British Columbia, Canada, Feb. 1985.
MINISTRY C~ E.
PROVINCE CF 3RITISH COLUMBIA
WATER QUALITY CRITERIA FOR
PARTICULATE MATTER
RECOMMENDED CRITERIA
These criteria are baaed on a detailed analysis given in a technical
appendix.
AQUATIC LIFE (Freshwater. Estuarine, and Marine)
TURBIDITY (NTU)
Induced turbidity should not exceed 5 NTU when background turbidity
is S50 NTU, nor should induced turbidity be more than 10? of back-
ground when background is >50 NTU.
37
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APPENDIX A3.3: Forest Operation Permit
State of Oregon, USA, 1992
»~ Z
1/1 O
s 2
c
53
O 2
llll-
9
CO
I 51
•s\
1 1
!!
i! _;
I
1
38
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VO
SIDE ONE
NOTIFICATION OF OPERATION / APPLICATION FOR PERMITS
STATE OF OREGON
DEPARTMENT OF FORESTRY
DEPARTMENT OF REVENUE
FILING THIS DOES NOT GRANT PERMISSION TO REMOVE FOREST PRODUCTS! FIRST GET PERMISSION FROM THE LANDOWNER OR TIMBEROWNER
I Cotinly (Cnlr-r only orio) _ -^r~^ - I- '—
»< r. Ap|ir<.|)n«le no»<.» (2A 2F) ?C or :>m
t'A NOTIL E TO THE SIAIE FOI1FS1FF1 IMAI Ol'l MAIION Wll I fit ( ONIJtle ttt) ON tANDS DESCRIBED ON REVERSE |OHS 527870]
Dt API'I K'AIION FOR F't FIMIT TOOI'FFIATF POWf Fl OF1IVF N MAt HINF Hv lORS4/"6?5) F "(lire* al end ol calendar year
2C APPLICATION FOR PERMIT TO CLEAR RIGHTS OF WAY (ORS 477 68bl
2D NOTICE TO THE STATE FORESTER AND THE DEPARTMENT OF REVENUE OF THE INTENT TO HARVEST TIMBER (ORS 321 550)
Petson lo bfl conlacled in case ol Fire Emeigency (Designated Representative) Phone No
PLEASE PRINT'
CHECK ONE BOX IN THE FAR LEFT COLUMN TO INDICATE WHO FILLED OUT THE APPLICATION
4 Operator
Information
Zl
, 5 Landowner
Inlormalion
6 Timberowner
and
Harvest Tax
Payer
7 Timber Sale
Name and/or No
Company Name
Mnilinq Address Slieel
Cily Siaie and Zip Code
Name Iitlo
Coni(i,my Name
Mailing Address Slieel
Cily Stole and Zip Code
On-site inspections may be conducted by the State Forester/Forest Practices For-
ester to ensure compliance with all the laws and rules governing fire protection and
forest practices on private land
APPLICANT REMARKS
tm Tills
Company Name
Mailing Addtess
Cily Slate at>d Zip Code
Timberowner Employer Identification Number
Phone No
L ?! J Social Security Number
B WESTERN OREGON PRIVATE LAND ONLY'
Is any limber being harvested certified under Ihe Western Oregon Small Tract Optional Tax (WOSTOT) program
If you have checked Part or All please list the number in (he ' WOSTOT Certificate Number box
FORM B7» 6 ? 1 -00?a |fl«v 11/92) tOK
WOSTOT Certificate Number
-------
Instructions For Filling Out
Notification Of
Operation/Applicatioi
Side One
File a new notification of operation form (629-6-2- 1-002a Rev. 12/93) at an Oregon Department of
Forestry (ODF) office if any of the following conditions apply:
• Your operation area is brand new
• If anything in your current operation has changed in any way
• If your operation is outside an ODF Forest Protection District (Contact an ODF office
listed on back page for this information)
• If your operation area was completed in 1993 and you want to work on another area
• Multiple harvest units can be listed on one notification BUT! if two or more HARVEST units
would be separated by a mile or more (in a straight line) file separate notifications for each unit.
By December 31, 1993, obtain a signature sticker from an ODF field office to renew your Permit to
Operate Power Driven Machinery if both of the following conditions apply:
• If you are continuing an operation in progress with NO changes and
• The operation is within an ODF Forest Protection District.
On-site inspections may be conducted by the State Forester/Forest Practices
Forester to ensure compliance with all the laws and rules governing fire protection
and forest practices on private land.
The instructions are numbered to match the numbered form areas. Please print or type the information
on the form. Do not fill out any grey shaded spaces. File notice with the State Forester at least 15 days
prior to the date you would like to start operating. A notification is not considered accepted until it is received
by the appropriate Forestry office. Mail or deliver the form to one of the offices listed on the back of these
instructions.
1. "County (Enter only one)". Fill in the county name where the operation will take place. If an operation
spans two or more counties, file a separate notification for each county.
An operation can be any combination of the following activities: harvest of forest crops; road
construction or reconstruction; site preparation; chemical application; clearing land for use change;
treatment of slashing; pre-commercial thinning; or other activities which require separate explanation.
For assistance filling out the notification form contact your local Forestry office.
40
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2. "Check Appropriate Boxes (2A. 2B, 2C. or 2D)" Checkmark next to the notice you are giving and/or the
permit(s) you need. Anyone getting a permit for hauling should check boxes 2B and 2D.
3. "Person to be contacted in case of Fire Emergency (Designated Representative). Phone No.". Print the
name and telepnone number of the person to contact in case a fire starts on this operation. The person
should know wnat resources you have available to fight the fire, and have the authority to commit those
resources in case of a fire.
"Check one box in the left column to indicate who filled out the application." (Did the operator, landowner or
timber owner fill out the form?'
4. "Operator Information". Just fill in either a person's or a company's name, address and phone number.
Add the timber sale name and number in the bottom of this section: "Timber Sale Name and/or No.". This
information is required for all state and federal sales and is optional for private land timber sales.
5. "Landowner information". Fill in either a person's name or a company's name, address and phone
number. The landowner has the responsibility to reforest if the harvest results in an understocked
condition. If the timber to be harvested is from public land, do not fill out the Western Oregon Private Land
Only! portion. If it is a harvest on private land, check with the landowner to see whether the timber has
been certified under the Western Oregon Small Tract Optional Tax. (WOSTOT) law. Timber removed from
land certified under WOSTOT is normally exempt from the Western Oregon Severance Tax. If you have
checked "Part" or "All", please list the certificate number in the WOSTOT Certificate Number box.
"RC/EG/S" Boxes. Information gathered in RC (Recipient Class), EG (Ethnic Group), and S (size) are
needed for annual federal reports.
RC: (Recipient Class) Write the appropriate code number that best identifies the landowner in the box:
1. Local Government 4. Individual
2. State Government 5. Partnership/Corp.
3. Federal agency 6. Other (private)
EG: (Ethnic Group) This is the ethnic group of the landowner identified as 4 - Individual in Recipient Class
Write the appropriate code number which best identifies the individual landowner in the EG box Don't fill in
a code if the landowner is Recipient Class 1,2,3,5,or 6.
1. Does not apply 4. Hispanic 7. All Other
2. White 5. American Indian/Alaskan Native
3. Black 6. Asian/Pacific Islander
S: (Land Ownership Size) Enter the appropriate code number that best identifies the total forest ownership of
the landowner.
1. Does not apply 4. 100-499 acres 7. 5,000 + acres
2. 0-9 acres 5. 500-999 acres
3. 10-99 acres 6. 1,000-4,999 acres
6." Timberowner and Harvest Tax Payer" You must fill in either a person's or a company's name, address
and phone number. Fill in EITHER the timberowner's Employer Identification number or the timberowner's
social security number, not both. The party who owns timber at the point of first measure is the
timberowner, and is responsibile for paying the taxes.
SideTwo
Site Information
. "Unit Numbers". You assign a one-or two-digit unit number, beginning with 1 and going sequentially up
to 99. Or, if there is a unit number associated with a state or federal timber sale, use that number in the
unit column. A unit can be:
• an operating area with a state or federal sale unit number; or
• a single operating area within a continuous boundary; or
• an operating area with a separate harvest tax number; or
• a separate area within your total operation area on which you plan to conduct a single type of activity
(for example, 30 acres of clear cut only).
41
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in all cases, all activities you plan on that piece of land should be listed beside the unit number. For
example, road construction activity needed prior to starting a commercial timber narvest should be
described along with the harvest activity. If there will be more activities happening in the unit than you can
fit on one line straight across, continue on the lines below.
Activity Code. Write the codes for all activities taking place in one unit under this heading. Use numbers,
code names and associated methods. See codes and examples on page four.
Write the methods you will use in the "Methods Used" column next to the code for the activity, in the same
order as the activity codes are listed. If you need more space, go to the next rows down in the same
column. Write in the brand name of the spray product, the formulation and the carrier. See the example on
page 4.
Quantity Column. Fill in either the acres (A) or lineal feet (F) involved in the activity. The example shows
65 acres of harvest and 3000 ft. of road construction.
Approximate Thousand Board Feet (MBF) Removed. List the approximate MBF to be removed for each
unit with commercial timber harvesting.
"Average age of harvest trees > 40" The number entered as the average age should be the average total
(not Diameter Breast Height) age of all the commercially harvested timber in the unit. You should not
attempt to differentiate the age of groups of trees within units. Find the average age over the whole unit.
Enter the code for each age group: 0-29, 30-39, 40-59, 60+. (Codes A,B,C, and D.)
8. "Location of Operation" (Legal Descriptions). Enter the legal descriptions for each unit number. If you have
several rows worth of activities that will take place at one location, REPEAT THE CODES, not the legal
descriptions.
9.3 & 9.b. "Activity Estimated Starting and Activity Estimated Ending Date". The starting date should be at
least 15 days after the date the form is received by the appropriate Department office.
10. " Western Oregon Severance Tax Unit Number". Large landowners will have a list of harvest tax
numbers which apply to the site(s).
11. "Site Conditions". Fill in a D,T, and S code for each unit, as shown in the example. Fill in DWS, WG or
SW codes when necessary.
D = Distance to Class 1 waters... A Class 1 water is "any portions of streams, lakes, estuaries, significant wetlands,
or other waters of the state which are significant for (a) domestic use, including drinking, culinary and other
household human use; (b) angling; (c) water dependent recreation; or (d) spawning, rearing or migration of
anadromous or game fish."
D100 = Class 1 waters are within 100 feet of
the operation.
D 1 = Class 1 waters are within V6 mile but greater
than 100 feet from the operation.
D 2 = Class one waters are with in '/4-V* mile of DWS = The operatjon affects a Domestic Water Supply.
the operation WG = The operation takes place in the Willamette
D 3 = None within '/4 mile. Greenway.
T = Topography ... sw - The operation takes place near a Scenic Waterway.
T1 is a s ope of 0 to 35 A (percent) UQB = Jhe operation takes p(ace wlth an Urban Growth
T2 is a slope of 35% to 65% Boundary
T3 is a slope greater than 65% SH _ The operatjon takes place near a Scenic Highway.
S = Slope Stability... CC = The operation will result in a single clearcut or
S1 = No evidence of mass soil movement continuation of contiguous clearcuts that exceed
(landslides, slips, slumps). 120 acres
S2 = Evidence of old slides, small failures. |C2 = The operation takes place near an influential Class I
S3 = Recent or active movement; wet areas. stream.
12. If you request a waiver of the 15 day waiting period, check the box and contact the Forest Practices
Forester (FPF). The FPF will decide if a waiver can be granted.
13.3. & 13.b. Print your name and date in 13. a. and sign your name and write the date in 13. b.
14. ATTACH MAP AND/OR AERIAL PHOTOS! The notification form is not complete unless a map or aerial
photo of the operation area is attached.
42
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Activity Code
Methods Used
Activity Code
Methods Used
1 a. Partial Cut Cable/Ground/Other 4a.
(Partial Cut code must not be used for 4b.
a pre-commercial thinning operation. 4c.
Can be used for home site preparation.) 4d.
1b. Clear Cut Cable/Ground/Other 5.
1c. Cutting only
1d. Cutting < 40 years old or pre-commercial thinning
2a. Road Construction Dozer/Backhoe/Other 6.
2b. Road Reconstruction Dozer/Backhoe/Other 7.
3. Site Preparation Manual/Mechanical/Burnmg 8.
(Does not include building site preparation.)
Herbicide Application •»
Insecticide Application I
Rodenticide Application f
Fertilizer Application •»
Clearing for Land Use
Change) Local land use
rules may apply.)
Treatment of Slashing
Pre-commercial Thinning
Others
G round/Aenal/Complete
Brand/Name/Carner
Additives/Application
Rate
Burning/Mechanical
Manual/Chemical
Explain
Office Address
ASTORIA: RT 1, Box 950. 97103
BAKER CITY: Rt.1, Box 211, 97814
CENTRAL POINT: 5286 Table Rock Road. 97502
COLUMBIA CITY: 405 E. Si, 97018-9737
COOS BAY 300 Fifth St., Bay Park, 97420
DALLAS: 825 Oak VHIa Rd., 97338
FOREST GROVE: 801 Gales Creek Rd., 971 16-1 199
FOSSIL: Star Route, 97830
GRANTS PASS: 5375 Monument Dr., 97526
JOHN DAY: P.O. Box 546, 97845 (400 NW 9th)
KLAMATH FALLS. 3400 Greenspnngs Dr., 97601
LA GRANDE: 61 1 20th St, 97850
LAKEVIEW: 2290 N. 4th St., 97630
MEHAMA: 22965 N. Foric Rd. S.E., Lyons, 97358
MOLALLA: 14995 S. Hwy. 211, 97038
MONUMENT: P.O. Box 386, 97864 (May Street)
PENDLETON:1055 Airport Rd., 97801
PHILOMATH: 24533 Ateea Hwy.. 97370
PRINEVILLE: 220710 Ochoco Hwy., 97754
ROSEBURG: 1758 N.E. Ailport Road, 97470-1499
SISTERS: P O. Box 190, 97759 (221 SW Washington)
SPRINGFIELD: 3150 E. Main St., 97478
SWEET HOME. 4690 Hwy. 20, 97386
THE DALLES: 3701 W. 13th St., 97058
TILLAMOOK 4907 Third St., 97141-2999
TOLEDO: 763 N.W. Forestry Rd., 97391
VENETA P.O. Box 157. 97487
WALLOWA: 802 W. Hwy. 82, 97885
Phone Number
325-5451
523-5831
664-3328
397-2636
267-4136
623-8146
357-2191
763-2575
474-3152
575-1139
883-5681
963-3168
947-331 1
859-2151
829-2216
934-2300
276-3491
929-3266
447-5658
440-3412
549-2731
726-3588
367-6108
296-4626
842-2545
336-2273
935-2283
886-2881
Fax Number
325-2756
523-5874
776-6260
397-6361
269-2027
623-9034
357-4548
763-2027
474-3158
575-2253
883-5555
962-1058
947-3767
859-2158
829-4736
W*S960
276-0710
0294549
447-1469
440-3424
549-9422
726-2505
367-5613
298-4993
842-3143
336-5261
935-0731
886-9085
EXAMPLE
SIDE TWO
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43
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APPENDIX A3.4: NGO(Non-Government Agency Stream Quality Survey
VIRGINIA SAVE OUR STREAMS
Stream Quality Survey
r^e curpcse ci tn;s form is to aid you >n gathering ana recording important oata aoout the health of your stream. By keeomg accurate
ana consistent recoras of your ccservations ana cata trom ycur macro:nvertebra:e count, you can notice ano cocument cnanges in
water quality. Reter to the SOS insect cara ana instructions :o :earn now to trao ana identify the organisms
Stream
County
Grouper individual
Weather conditions
Station
State 1 nnatinn
Number of oarticioants
Stream width (Average) ft.
Flow rate: high iow_
Water depth (In riffle)
normal
You should select a riffle where the water is not running too fast (ideal depth is 3 -12 inches), and the bed consists of cobble-sized
stones or larger.
Monitored riffle area (should be 3 foot square)
Date Time.
Type of test: macromvertebrate count _
Average stream depth
Water temperature
Sample Number_
chemical test.
other.
MACROINVERTEBRATE COUNT
Use the stream monitoring instructions to conduct a macroinvertebrate count. Use letter codes (A = 1 - 9, B = 10 - 99, C = 100 or
more) to record the numbers of organisms found in a 3 foot by 3 foot area. Then add up the number of letters in each column and
multiply by the indicated index value. The following columns are divided based on the organism's sensitivity to pollution.
SENSITIVE
SOMEWHAT-SENSITIVE
TOLERANT
I
caddisfly larvae
hellgrammite
mayfly nymphs
gilled snails
riffle beetle adult
stonefiy nymphs
water penny larvae
/ of letters times 3 =
index value +
beetle larvae
clams
crane fly larvae
crayfish
I damselfly nymphs
| dragonfly nymphs
I scuds
I sowbugs
^H fishfly larvae
' alderfly larvae
atherix
| /of letters times 2 =
index value +
—
aquatic worms
blackfly larvae
leeches
midge larvae
pouch (and other) snails
/ of letters times 1 =
index value
Now add together the three index values =.
total index value.
Compare this total index value to the following numbers to determine the water quality of your stream. Good water quality is
indicated by a variety of different kinds of organisms, with no one kind making up the majority of the sample.
WATER QUALITY RATING
! Excellent (> 22)
; ; Fair (11-16)
_i Good (17-22)
] Poor (<11)
Note: You should test at least 3 different riffles within a 24-foot area to ensure that you have a truly representative sample which
includes all key organisms. Record results from the sample which gives the best diversity.
Defenders of Soil, Air,
Woods, Watenmd
Wildlife
RETURN THIS FORM TO: >nak Walton League of America, SOS Program
1401 Wilson Blvd., Level B,
Arlington, Va. 22209 (703)528-1818
nxvcled pjper
-------
Fish water quality indicators: Barriers to fish movement:
scattered individuals beaver dams
scattered schools _____ dams
trout (intolerant to pollution) waterfalls
bass (somewhat-tolerant to pollution) other
catfish (tolerant to pollution) none
carp (tolerant to pollution)
Surface water appearance: Odor Stability of stream bed:
brownish rotten egg Bed sinks beneath your feet in:
clear musky no spots
colored sheen (oily) oil a few spots
foamy sewage many spots
milky none
muddy Stream bed deposit (bottom)
brown grey brown
black orange/red silt
grey yellow sand
other ( ) black other ( )
% bank covered by plants,rocks and Good Fair Poor (> = greater than, < = less than)
logs (no exposed soil) Is: >70% 30% -70% <30%
Stream bank (sides)
Top of bank (slope and floodplain)
Stream bank vegetation composition: % shrubs % grasses % trees
Stream bank erosion: >80% severe 50%-80%high,
20%-49% moderate, <20%-0% slight
Bed composition of riffle: Algae colon Algae located:
. % silt (mud) light green everywhere
% sand (1/16" -1/4" grains) dark green in spots
% gravel (1/4" - 2" stones) brown coated % bed cover
% cobbles (2" -10" stones) matted on stream bed
% boulders (> 10" stones) hairy
Land uses In watershed: Record all land uses observed in the watershed area upstream and surrounding your sampling site.
Indicate whether the following potential land uses have a high (H), moderate (M), or slight (S) potential for impact. Refer to the
SOS stream survey instructions to determine how to assess H, M, or S values,
Oil & gas drilling Sanitary landfill Refuse dump
Housing developments Construction Fields
Forest Mining (types) Livestock pasture
Logging Other ( )
Urban uses (parking lots) Cropland (types)
Are there any discharging pipes? no yes If so, how many?.
What types of pipes are there? runoff (field or stormwater runoff) _
sewage treatment, industrial: type of industry
Did you test above and below the pipes to determine any change In water quality and were changes noticed?.
Describe % and type of litter In and around the stream:
Comments Indicate what you think are the current or potential future threats to your stream's health:
-------
APPENDIX 3.5: Timber Theft Legislation, Prevention Guidelines,
and Sample Sales Contract: State of Louisiana, USA
TIMBER THEFT
The Problem
A. Statewide timber standing inventory according to 1985 Federal Study is approximately
53 billion board feet of sawtimber and 87 million cords of pulpwood. Using today's
market stumpage prices, that's over 8 billion dollars of standing timber which could be
subject to theft.
B. Average retail outlet loses anywhere from 2-4 percent of volume sales through theft.
Timber theft could very well surpass that percentage, the volume of timber stumpage
sales is approximately $3000 million annually.
C. Most cases fall under this State's theft statutes.
1. Theft - Title 14. Section 67, definitions and penalties:
Theft is the misappropriation or taking of anything of value which belongs to
another, either without the consent of the other to the misappropriation or taking,
or by means of fraudulent conduct, practices, or representations. An intent to
deprive the other permanently of whatever may be the subject of the
misappropriation or taking is essential.
Whoever commits the crime of theft when the misappropriation or taking amounts
of a value of five hundred dollars or more shall be imprisoned, with or without
hard labor, for not more than ten years, or may be fined not more than three
thousand dollars, or both.
When the misappropriation or taking amounts to a value of one hundred dollars
or more, but less than a value of five hundred dollars, the offender shall be
imprisoned, with or without hard labor, for not more than two years, or may be
fined not more than two thousand dollars, or both.
When the misappropriation or taking amounts to less than a value of one hundred
dollars, the offender shall be imprisoned for not more than six months, or may
be fined not more than five hundred dollars, or both. If the offender in such
cases has been convicted of theft two or more times previously, upon any
subsequent conviction he shall be imprisoned, with or without hard labor, for not
more than two years, or may be fined not more than one thousand dollars, or
both.
When there has been a misappropriation or taking by a number of distinct acts of
the offender, the aggregate of the amount of the misappropriations or takings shall
determine the grade of the offense.
46
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2. The majority of people in the industry are honest, hard-working individuals
who work in one of the nation's most dangerous professions.
D. Trees are vulnerable to theft
1. Isolated
2. Infrequently monitored
3. Difficult to trace
- L.F.A. Committee to recommend Legislation
4. Many landowners don't recognize the value of their timber resources.
II. Methods of Theft
A. Diversion
1. Diverting a load of sawtimber or pulpwood from a legitimate harvest to
another mill or woodyard and registering for payment in a name other than the
rightful owner.
B. Cut and Leave
1. An individual simply picks someone's land, cuts a load or loads, sells it for
himself and then moves to someone else's property and repeats the process.
C. Fraud or misrepresentation
1. laying false claim to the timber through acts of fraud.
2. When facts regarding the land and resources are criminally misrepresented to
the landowner.
D. Firewood Theft
1. The cutting of firewood for personal use or commercial sales without the
direct permission of the landowner.
a. Large number of individuals participating
b. Not viewed as criminal
c. Increasing prices of hardwood will require closer monitoring of firewood
thefts
E. Cutting across boundary lines
1. Criminal
a. Can be charged with theft if cutter willfully and intentionally cut
across boundary lines
2. Civil - Previous court decisions allow for mainly three types of recovery
a. Moral bad faith
Willful and intentional - in some cases, the owner can collect up
to three times fair market value plus, reasonable attorney fees,
clean and replant land general damages for aesthetic value, expert
witness fees, and at time mental anguish and emotional trauma.
b. Legal bad faith
Cutter should have been aware that timber did not belong to him.
usually liable for damages three times fair market value of timber
cut, can be held responsible for reasonable attorney fees if not paid
within 30 days after being informed of demand.
47
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c. Good faith
No evidence to show that cutter should have been aware - is liable
for only fair market value of timber at the time it was cut.
F. Bribery
1. When someone gives or offers to give, directly or indirectly, anything of
apparent present or prospective value to a private agent, employee or fiduciary
without the knowledge and consent of the principal or employer in an attempt to
influence the agent, employee or fiduciary into actions which betrays the best
interest of the principal's or employer's affairs.
III. Self Protection
A. Boundary Lines
1. Make sure boundary lines are correct and well marked (check description at
courthouse.
a. Will prevent honest mistakes
b. Add to the chain of evidence should theft occur
B. Frequent visits to property
1. Make sure no unauthorized logging activities are taking place
2. Daily visits to site when you have a logging job, including firewood activities,
in operation or when one is occurring on adjacent property.
C. Absentee owners
1. They are especially vulnerable
2. Should arrange for an overseer
a. Paid employee
b. Professional consultant
c. Hunting Club
d. Friend or neighboring landowners
e. Combination of all
3. Make local authorities aware that you are an absentee landowner.
D. Selling of timber
1. Check with the Office of Forestry on service offered
2. Hire professional consultant
3. Draw written contract
a. Spell out limitations and conditions of sale and method of logging
b. Estimate volume to be cut (cruise or tree count)
c. Identify trees to be harvested
d. Lump-sum sale - excellent method
e. Bid timber to as many buyers as possible
f. Police terms of contract
E. Firewood cutting
1. Make sure permission is directly authorized by you
a. Written
b. Verbal
2. Specify area and trees to be cut
48
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3. Do not allow transfer of authorization
4. Police cutting activities
F. If theft occurs
1. Report theft as soon as possible
a. Office of Forestry
b. Local Sheriffs Office
c. Both
2. Provide as much and as detailed information on alleged theft as possible
a. Make yourself written notes
3. Cooperate to the fullest with authorities
4. If arrest is made - PRESS CHARGES
5. Positive reinforcement for participating public officials (all landowners)
G. Rewards
1. Louisiana Forestry Association offers rewards of up to $1000 for information
leading to the arrest and conviction of individuals responsible for committing
woods arson, forestry equipment theft or vandalism and TIMBER THEFT
2. The identify of individuals providing information or receiving rewards will be
kept in strictest confidence.
FOR MORE INFORMATION Tom Trahan
CONTACT: Forestry Enforcement Chief
Louisiana Department of Agriculture
& Forestry
Baton Rouge, LA, USA 70821-0631
(Telephone) 504 925 4500
49
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Page 1 of 3
Timber Sales Contract
This contract is made and entered into by and between
herein after called the Seller and
herein after called the Buyer.
SECTION I
The buyer agrees to pay $ for all marked
or designated trees included in this contract and located on the Seller's
property , Pa rish, Louisiana, and estimated to be
acres definitely designated on the ground by the Seller.
SECTION II
The Buyer agrees to the following conditions:
A. No timber shall be cut except that which has been marked or desig-
nated as follows:
B. Other merchantable timber, if cut or unnecessarily damaged, shall
be classified according to the highest product it will make and be
be paid for as follows:
Sawlogs S M Bd . Ft.
Poles and Piling under 50 feet S Eac h
over 50 feet S Each
Pulpwood $ Co r d
Fence Posts $ Each
C. All existing roads on the sale area and on other property of the
Seller shall be kept passable. Roads damaged by the logging oper-
ation shall be restored to their former condition upon completion
of operations.
50
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Page 2 of 3
D. Logging debris in streams will be removed as such to allow normal
drainage. All stream crossings constructed during logging shall
be re-opened within 30 days of completion of logging operations.
E. All damage caused by the Buyer or his agents to fences or other
improvements of the Seller shall be satisfactorily repaired or
replaced by the Buyer within 30 days of completion of operations.
F. Any fire started by the Buyer or his agents must be immediately
suppressed. Suppression costs and damages resulting from the fire
will be paid by the Buyer.
In the event damages resulting from fire and/or damages under any
section of this contract cannot be agreed upon by the Seller and
the Buyer then each will appoint one representative who together
will select a third disinterested party to form an appraisal board
°f three members to determine damages under the terms of this
contract.
G. All timber shall be cut and removed by ,19
unless written extension of time is granted and made a part of
this contract.
H. Failure to comply with all the terms of this contract as deter-
mined by the aforesaid appraisal will result in an immediate term-
ination of all operations and an immediate forfeiture of the full
purchase price of the timber.
SECTION III
The Seller agrees to grant normal access across the sale area
but reserves the right to approve the location of any new roads.
The Seller reserves the right to halt logging operations if and when
site conditions due to wet weather become such that to continue said
operations would cause undue damage to the site and/or residual tim-
ber or cause excessive soil erosion. Logging would resume when site
conditions are such that logging operations would not excessively
damage the site and/or residual timber. This determination of
whether or not to suspend or resume logging operations is a-right
reserved by the seller.
During the duration of this contract, if the Seller would suspend
logging operations for more than 30 days in the aggregate, then the
difference exceeding 30 days would be added to the contract period
as an extension to the termination date.
51
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Page 3 of 3
SECTION IV
It is mutually agreed:
A. That this contract may not be assigned in the whole or any part
without the written consent of the other party.
B. In lieu of a performance bond, the Buyer has deposited with the
Bank,
Louisiana, S to be held in escrow to cover any
penalty charges which the Buyer may incur under the terms of this
contract .
C. As a further guarantee of a faithful performance of conditions of
contract, the Buyer delivers herewith the sum of $
in full payment of the timber in this sale.
Signed in duplicate this day of , 19
WITNESSES:
BUYER
SELLER
52
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APPENDIX A3.6: National Forestry Policy
Costa Rica, 1993
Costa Rica's Forestry Policy contained in a September 1993
publication of Costa Rica's Ministry of Natural Resources.
Energy, and Mines
I. General Forestry Policy (pp. 9-11):
a) achieve an equilibrium between conservation of forest-related natural resources
(biodiversity, water, soil, and oxygen) with the productive development of the forestry sector,
within the paradigm of sustainable development.
b) apply within the process of state reform, a process of administrative deregulation,
accompanied by liberalization of the forestry sector, and a gradual reduction of incentives for
cutting down trees.
c) adapt forestry administration to focus on promotion and support, making the tecnical
and administrative procedures efficient, in order to enhance the productive process.
d) conserve and support the increase of natural forest products and establish and regulate
protected forests. At the same time, increase the national forest inventory through the
recuperation of areas with good forest potential, based upon technical criteria.
e) reorient the utilization of money authorized by the Government of Costa Rica for
forest development.
f) look for a more efficient and competitive forestry industry through modernization of
the industrial process, adequate methods of commercialization, forest pricing, the elimination
of restrictive barriers, and the gradual elimination of industry protectionism.
g) increase the capacity of forest management through investigation, training, and
forestry extension; accomplished in coordination with the public and private sectors and with
universities through mechanisms of technological transfer.
h) [not translated since not relevant to the project.]
i) adapt Costa Rica's forestry legislation to it its forestry policy.
53
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II. Specific Forestry Policy (pp. 11-15):
a) adapt customs and non-customs restrictions as an indispensable requirement of
fulfilling the objective of giving value or worth to the forests and of assuring sustainability of
forest resources.
b) establish clear and precise procedures through the creation of procedure manuals, with
the goal of facilitating administration and of promoting the saving of administrative costs for the
Costa Rican Government, but principally with the purpose of making the system convenient for
the user.
c) provide security for forestry investment and ownership, without restrictions for
sustainable use in accordance with the owner's interest, provided that the owner complies with
the rules for sustaining this resource.
d) development of a plan of action or management plan (hereinafter "Management
Plan"), is an indispensable requirement in order to establish and make use of forest plantations
that receive incentives, and in order to enable use of natural forests.
e) concentrate forest protection and control functions in areas of forestry interest, while
in other areas permit local organisms such as municipalities and associations to assist in forestry
protection.
f) promote the formation and operation of consultative forestry groups, with the goal of
establishing adequate mechanisms of agreement that will benefit forestry development at the
national level, but with regional protection.
g) fortify the infrastructure of the Costa Rican Forestry Department1 in areas of forestry
interest, in order to facilitate operating conditions, to stimulate regional staff, and thus to
improve the Department's efficiency.
h) support actions that help consolidate the organization of the forestry private sector.
There is special interest in helping the formation of consortiums and associations of small
businesses in order to achieve better business capacity within the concept of democratization of
the economy through small business.
i) authorize a preponderant role to the State forestry operation, requiring it to take
responsibility to conduct, control, and promote the development of private forestry projects.
1 The "DGF" or "Direction General Forestal" is referred to in this paper, for ease of English use only, as the
"Costa Rican Forestry Department" or as the "Department of Forestry".
54
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j) reorient the use of incentives authorized by the Government. Use of these incentives
will be exclusively in lands with forestry potential, and for the administration of degraded,
natural and secondary forests, for natural regeneration, and for reforestation by small land
owners.
k) create a mechanism for waiving payment of territorial taxes in areas voluntarily
submitted to the State Forestry Operation, and making it attractive to the owners of such areas.
1) eliminate all time periods for submission of documents. The service provided to users
will be continuous and expedited.
m) eliminate all transactions or forestry permits required for the profitable use of trees
on an owner's land.
n) adapt the granting of authorizations to cut trees to the stages, or steps, established in
the Management Plan.
o) accept the right of possession for those that receive incentives for reforestation,
cutting, profitable use of trees, and forest management, regardless of whether such persons are
formally registered as the owner.
p) promote and facilitate the importation and exportation of forestry products.
q) eliminate all taxes based on the value of standing timber. Solely establish a tax
applicable to the final product, such tax to be paid by the consumer.
r) offer technical assistance to small forest owners, preferably to those who are
organized and who conduct projects of social interest.
s) produce statistics and data bases as a basic and elemental function in order to achieve
the full development of
the forestry resource, in order to determine policy and to support and foster the private sector.
t) complete, in the shortest time possible, an inventory of the forests in Costa Rica.
This inventory will constitute the basis for a "National Forestry Development Plan", which will
become the basic model for planning, use of, and benefiting from, forestry resources.
u) adapt the organizational structure of Costa Rica's Forestry Department to guaranty
the sustainable management of forest resources and to complement the actions taken by the
private sector.
v) adequately prepare the personnel of the Department of Forestry so that they can
respond to the required necessities for the development of the forestry sector.
55
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u) decentralize administration and responsibilities in order to provide expedited service.
The regions will offer service of a quality level necessary to resolve all matters or administrative
problems. The regions will administer the budgets assigned to them, based on their basic
needs.
III. Areas of Natural Forest (pp. 15-17):
a) value the producing forest through industrialization and commercialization, with a
large number of permanent and sustained forest products. Consideration will be given to other
benefits such as social and environmental, which cannot be quantified by the mechanisms of
established markets.
b) base the administration of the forest on the concept of sustainability. The benefits
from this approach will be achieved through a combination of protection and production,
guaranteed through the incorporation of the technical rules or norms established in the
Management Plan.
c) guarantee through the forestry Management Plan, as a technical tool to achieve
sustainable use of the forest, recovery and replacement of the forest in accordance with the
requirements of national policies and of international rules of sustainability. This will permit
full backing for commercialization of the wood.
d) eliminate existing barriers or restrictions to forestry development. This activity will
be integrated into the national economy, so that the market will fix the prices, and so that these
prices can cover the cost of administration and also provide a clear reference point of forest
activity.
e) support the sustainable management of natural forests on lands with good forest
potential through the use of adequate credits directed to that end, providing incentive for the
administration of secondary forests and of degraded or damaged forests in order to support their
growth and production.
f) create an incentive for forestry protection, in order to promote the natural regeneration
and permanency of natural, protected forests located in biological corridors, in high valleys, and
in water discharge areas which are of communal and national interest.
g) prevent changing the use of lands with tree coverage which are located in areas of
forest potential, for example, in areas with agricultural potential located in buffer zones to
protected areas or to biological corridors. Forestry business will be promoted in these areas as
a permitted use of the land.
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IV. Areas of Reforestation (pp. 17 - 19):
a) become a driving force for the development of large blocks of reforested areas that
permit the administration, profitable use of, and industrialization in an efficient manner. A
definition and priority list of the areas marked for inclusion will be prepared.
b) authorize incentives for reforestation of lands with good forest potential, until the
National Forestry Financing Fund (hereinafter "FONAFIFO") is funded. In addition, use will
be made of fiscal incentives such as waiving territorial taxes, waiving taxes on uncultivated land,
and protection of land owners against land squatters.
c) without the use of incentives, promote the establishment of compact plantations or
agro-forestry systems in areas with agricultural potential. These plantations will be promoted
under the concept of a income-producing product.
d) promote foreign investment for the financing of reforestation projects which guarantee
a socio-economic benefit to the areas that are developed.
e) promote the use of native species previously identified and prioritized by region, and
in so doing thereby foment research and publication.
f) establish a "Certificate of Free Harvest" for those plantations established with one's
own resources.
g) modify conditions for incentives, while those are still in effect, financing the
management of the plantations until the species on them are mature. The purpose is to guarantee
the success of the forestry-cultivation program, whose goal is to improve the quality and quantity
of the final products.
h) to promote forestry-cultivation in rural communities in order to incorporate them in
the process of reforestation for commercial purposes.
i) give support to fixing the conditions under which FONAFIFO will provide credit,
such conditions to be based upon research concerning costs and income. With this information,
establish the value of species by region for use with the establishment and administration of
plantations.
V. The Forestry Industry (pp. 19 - 20):
a. adapt the industry to a market that manages typical amounts of natural tropical forest,
but primarily of small dimension and young or "juvenile" product from plantations and
secondary forests.
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b. eliminate restrictions to the installation, enlargement, and transfer of new industry,
permitting competition based on efficiency and technological transfer.
c. promote industrial conversion based upon an appropriate financing system that permits
industry to make technological changes, transferring part of the benefits to the owner of the
forest, but always working under the concept of efficiency.
d. establish systems of normalization and of standardization of forest products, so that
the consumer can have better quality products, while at the same time benefiting the producer.
e. promote the commercialization of forest products through stock exchanges and auction
houses, etc., that afford the forest owner direct access to the market and to price information.
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