Laws, Policies and Strategies

Policies and Strategies

Plan for Deforestation Prevention and Control (PPCD)- In 2009, the State of Amazonas prepared the State Plan for the Prevention and Control of Deforestation in Amazonas (PPCD-AM), with the objective of "strengthening environmental governance in the state of Amazonas, controlling illegal deforestation and encouraging the sustainable use of natural resources with an emphasis on critical areas of deforestation."

The Plan was organized around four strategic axes: I) Territorial Planning; 2) Environmental Control; 3) Promotion of Sustainable Productive Activities and 4) Institutional Strengthening / Transversal Actions, each associated to a set of macro-actions, subdivided into activities. Regarding the temporal organization, it was established that its first phase of execution would be three years, these occurred between the years 2009 to 2011, and the second phase of 2012-2015.

In 2012, the second phase of the PPCD-AM was conducted by the State Center for Climate Change (CECLIMA). The methodology was based on an internal analysis of the main actions carried out in Phase I, which culminated in more than 64 actions, organized in 03 Strategic Axes: Axis 1: Territorial Planning: Axis 2: Monitoring and Control; and Axis 3: Promotion of Sustainable Productive Activities.

Now the process of elaboration of the third phase of the PPCD-AM is focusing on: Management planning models; adopting multi-scale territorial approaches; centralizing technological innovation; expanding protected areas; expanding dialogue with society; and strengthening cross-border cooperation. Phase three is supported from a contribution by GIZ.

The State Policy on Climate Change, Environmental Conservation and Sustainable Development (PEMC) - established through State Law No. 3,135 of 2007, and elaborated based on the guidelines established by State Decree No. 25,581 / 2007, introduces the bases for the development of actions of Reducing Emissions from Deforestation (RED). In this context, the PEMC includes RED with one of its objectives, creates a payment programme for environmental services and gives guidance on its operation, defines activities to raise funds, both nationally and internationally, including the need to measure benefits generated authorizes the use of state resources for actions to reduce emissions in rural areas and authorizes the State to participate in carbon markets through the sale of the credits of which it is a beneficiary or holder.

Laws and Regulations

Complementary Law 187, 04/25/2018 - establishing the State Council for the Environment of the State of Amazonas - CEMAAM and disposing of the State Environmental Fund - FEMA

Law 4406, 12/28/2016- Establishes the State Policy for Environmental Regularization, provides for the Rural Environmental Registry - CAR, the Rural Environmental Cadastre System - SISCAR-AM, the Environmental Regulation Program - PRA, in the State of Amazonas and makes other provisions.

Law 4419, 12/29/2016 - establishing the Economic-Environmental Matrix of Amazonas

State Decree 3721, 12/01/2016 - establishes the Sustainable Municipalities Program

State Law 4266, 12/2015 - Establishes the State Policy on Environmental Services (including REDD+) and creates the State Fund for Climate Change, Environmental Conservation and Environmental Services. The law which clarifies institutional arrangements and support for REDD+ management and implementation.

State Law 3635, 07/06/2011- Creates the legal basis for the the Rural Environmental Registry (CAR), which regulates the environmental liabilities of rural properties in the State of Amazonas. the Rural Environmental Land Registry is a federally-mandated, satellite-based land registry system for rural properties which is required for environmental licensing, monitoring and enforcement.

Ordinary Law 3645, 08/08/2011 - establishing the Ecological-Economic Zoning of the Purus Subregion of the State of Amazonas establishes guidelines for land use and occupation and provides other measures

Law 3527, 07/28/2010- Regulates forest concessions in designated sustainable use areas, with the aim of promoting multiple use of forest resources and environmental services provision - Being implemented

Law 3525, 07/06/2010 - establishes the Council for the Sustainable Development of Traditional Peoples and Communities of the State of Amazonas CDSPCT / AM, in the organizational structure of the Secretariat of State for the Environment

Ordinary Law 3417, 07/31/2009- Institutes the Ecological - Economic Macrozoning of the State of Amazonas - MZEE

Decree 28.390, 02/17/2009 - Establishes the Amazonian Forum on Global Climate Change, Biodiversity and Environmental Services (FAMC) and other measures.

Law 3244, 04/04/2008- Creates the Unit Manager for the State Climate Change Center and the State Center for Protected Areas (UGMUC) - Fully functional

Delegated Law 66, 05/06/2007 - Defines regulations for the State Secretariat for Environment and Sustainable Development - Fully functional

State Law of Climate Change 3135, 06/05/2007 - Institutes the State Policy for Climate Change, Environmental Conservation, and Sustainable Development - Fully functional

CEMAAM Law 2985, 10/18/2005 - Institutes the Amazonas State Council for the Environment (CEMAAM) - Fully functional

Institutional Framework

Secretary of Environment (SEMA) -responsible for the coordination of the Amazonas Forum on Climate Change, Biodiversity, Environmental Services and Energy and the State Council for the Environment - CEMAAM, is the managing body of the environmental policy of the State of Amazonas. The State Secretariat for the Environment (SEMA) is responsible for the management, planning, formulation, implementation, monitoring and evaluation of actions that aim at environmental protection and, in this way, the maintenance of biodiversity, reduction of greenhouse gas emissions from deforestation and forest degradation, the maintenance of forest carbon stocks, conservation and environmental services in the State of Amazonas.

Institute for Agriculture and Sustainable Forest Development (IDAM) – Technical assistance and rural training activities related to forest management and agriculture in municipalities.

Sustainable Development Agency (ADS) – Helps with commercialization of products from sustainable income-generating activities.

State Secretariat for Forests and Extractivism SEAFE – Creates policies that promote the sustainable use of forest resources.

State Secretariat for Rural Production (SEPRO) - Technical assistance and product commercialization.

Amazon State Institute for Environmental Protection (IPAAM) – carries out daily analysis of satellite imagery focused on detection of fires and/or deforestation, and enforcement activities to control illegal on the ground illegal logging.

The Amazon Forum on Climate Change, Biodiversity, Environmental Services and Energy (FAMC) - coordinates input on climate change, energy, biodiversity, forests and environmental services

Department of Climate Change and Management of Conservation Units (DEMUC) - Manages the development, creation and implementation of protected areas of the state and responsible for the implementation of policies and programs related to climate change in the state of Amazonas, Brazil. It focuses mainly on three areas: forest, energy and education for climate change

Department of Environmental and Territorial Management (DEGAT) - Land Management, implementation of environmental projects, institutional strengthening, deforestation agenda and fires.

Secretary of State for Land Policy (SPF / AM) - Management of State Land Patrimony, and Formalization of land rights.

Zoning and Spatial Planning

Ecological and Economic Zoning (Zoneamento Ecológico-Econômico – ZEE) is required by the Federal Government to designate areas for economic and conservation activities within each state’s territory. Amazonas completed a statewide master ZEE in 2009 and has since begun developing region specific ZEEs for Madeira and Purus. The macro plan was normalized through state law no 3.147 (2009), while the Purus plan was normalized through state law 3.645 (2011) and both have been approved federally. The Madeira plan is still in process. State decree nº 24.048 instituted a state commission on ZEE.

In 2016 Amazonas received funding from KfW to implement the Madeira zoning plan.

Engagement and Participation with Indigenous Peoples and Local Communities

According to Moutinho et. al., (2016), in a study titled 'How to Achieve Zero Deforestation in the Brazilian Amazon: What is missing?' six key strategies are proposed to help Brazil achieve a more ambitious goal of eliminating all the major legal and illegal deforestation in the Amazon.

The proposed strategies involve integrating social and environmental safeguards to infrastructure plans in the region, consolidating and expanding positive incentives for the production of sustainable raw materials, establishing a new policy to ensure the social and environmental sustainability of rural settlements, fully implementing national legislation which protects forests, protecting land rights of indigenous peoples and traditional communities, and expanding the existing network of protected areas, distributing the 80 million hectares of public forests not designated as protected areas or areas of sustainable use of timber and non- forest products.

The implementation of these strategies, however, requires integration of economic growth, social justice and productive agriculture, while protecting the fundamentally important ecological services of tropical forests.

The Environmental Services Law (Law No. 4266/2015) acknowledges traditional knowledge associated traditional communities and indigenous peoples. Indigenous peoples who are either living in complete isolation from other sectors of national communion or in intermittent or permanent contacts are able to receive benefits from this framework, along with traditional communities.

The Environmental Services Law also creates the Program for Support and Valuation of Indigenous Peoples, Traditional Peoples and Communities, and Associated Traditional Knowledge: it aims to encourage, valorize and pay for actions and projects that promote the recognition of traditional culture, as well as valorization management techniques and sustainable use of natural resources, associated with the preservation, conservation, maintenance and recovery of natural resources, of these communities and peoples.