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Lecture - FOREST MANAGEMENT IN BELIZE

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Lecture - FOREST MANAGEMENT IN BELIZE

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Copyright
© © All Rights Reserved
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FOREST DEPARTMENT

towards sustainable
forest management
Raul Chun
Forest Officer
Belize Forest Department
June 22, 2023

Ministry of Sustainable
Development, Climate Change, the
Environment & Disaster Risk
Management
CONTENT
 FD - Global and National Level
 FD & Legal Instruments governing forest
management
▪ Policies – Forest Policy & Protected Areas Policy
▪ Forest Act – Power, Offences & Penalties
▪ National Protected Areas System Act – Offences
& Penalties
 Forest management system
Forest Department Work - At the
Global Level-
RAMSAR
UNCBD UN-CITES UNFF
Wetlands

National Poverty
Growth and Sustainable Protected Areas
Horizon 2030 Elimination Forest Policy
Development Strategy Policy & Plan
Strategy

Protected Areas Wildlife/Biodiversity Sustainable Forest


Management Management Management

FD HQ
& District Offices
(6)

Administration & Resources Management


Project Management
Communication & Educational Awareness
Compliance & Enforcement
Organizational Structure

Chief Forest Officer

Deputy
Chief Forest Officer

Forest Officers

Foresters

Conservation Officers Forest Rangers

Forest Guards
Role of the
Forest Department
 Management of Forests - includes
timber and non-timber forest
produce, wildlife, water resources,
soils.

 Main objective:
 To ensure sustainability of
forests & forest resources
through:
▪ Building strategic alliances
▪ Collaboration and coordination
with stakeholders
▪ Effective management
▪ Enforcement of policies, laws
and regulations 5
Forest Department
& Legal
Instruments
Policies
 The Forest Policy –
❑ initially
endorsed in 1954; revised in 2015 -
11 guiding principles & 15 policy statements
 National Protected Areas Policy and System
Plan –
❑4 objectives:- establish admin structure; to
make PA system functional, comprehensive
and, consolidated & simplified
 Wildland Fire Policy and Strategy –
❑5 dimensions and 10 principles
FD - Legal Instruments
The principal legislations governing the
Department:
 Forest Act (Chapter 213) & Amendment
 National Protected Areas System Act (Chapter
17)
 Wildlife Protection Act (Chapter 220)

Regulations enforced along with the legislations:


 Forest Rules
 Chainsaw regulations
 Forest Fire Protection Act (Chapter 212)
 Mangrove Regulations
www.belizelaw.org
Forests Act
• Contains:
• Six (6 ) Parts & 37 Sections
• Parts divided as:
✓Preliminary (Interpretation & Definitions)
✓Forest Reserves
✓Administration
✓Penalties
✓Legal Procedures &
✓Forest Roads)
Section 2:
Interpretations/Definitions

National • all lands, including cayes and

lands parts thereof not already


located or granted and also
includes any lands which have
been, or may hereafter
become, escheated to, leased
by, or otherwise acquired by the
Government
Forest •
offence
any contravention of the
provisions of this Act or of any
regulations made under this
Act
• any person appointed by or
Forest under the control of the
Governor-General to be Chief
Forest Officer, or by the Public

Officer Services Commission to be a


forest officer, conservation
officer, forester, forest ranger,
or forest guard, or to
discharge any function of a
forest officer under this Act or
under any regulations made
under this Act
FOREST PRODUCE INCLUDES:
•timber, lumber, firewood, charcoal, bark, •trees, plants, dead or alive, and all parts
extracts of bark; chicle, rubber and other and produce of such trees and plants,
latex, gums, resins, turpentine spices, grasses;
tanstuffs, dyestuffs, drugs, leaves,
fibres, thatching material derived from
wild-growing trees or plants;

• dead or alive, products of wild animals • soil, peat, rock, sand, coral and such
such as skins, shells, tusks, horns, products of mines and quarries as the
bones, silk, cocoons, shellac, honey, Minister may declare to be forest
wax, and all other parts and produce of produce;
wild animals;
NON TIMBER FOREST PRODUCE INCLUDES:
Forest • any road or thoroughfare
which may be declared by the
Minister under this Act, and

Road includes all bridges, ferries,


drains, dams, embankments,
causeways, fences and
ditches belonging or
appertaining to a forest road,
and such land adjoining any
forest road as may be
reserved for its protection by
Order of the Minister
Private • all lands including cayes or
parts thereof owned by or

Lands leased to any company or


private individual
• includes streams, canals,
River creeks, reservoirs, lakes,
ponds, and other channels
natural and artificial
Timber or • includes trees when they

Lumber
have fallen or have been
felled, and all wood,
whether cut up or
fashioned or hollowed out
for any purpose or not
Trees • includes shrubs, bushes,
palms, bamboos, creepers,
canes, stumps, seedlings,
saplings and coppice shoots
Wild
Animals • means animals of the kinds
listed in the Schedules of the
Wildlife Protection Act
• Concerned with:
FORESTS • Establishment of the
Department

ACT • The sustainable use and


protection of forest resources
• Establishes powers of officers
• CHAPTER 213 • Establishes regulations,
offences and penalties
• Declaration of Forest Roads
• Allows for the declaration of
forest reserves, and re-
alignment of its boundaries
Section 3: Power to
declare forest reserves
Where the Minister is satisfied, after such
inquiry as may be necessary, that any part of
the national land should become a forest
reserve, and that such rights and privileges
of private persons as may exist in respect of
such land have been satisfactorily defined
and recorded, he may by Order declare the
land to be a forest reserve and may from
time to time alter, vary or revoke such Order
What is a
FOREST RESERVE?
• It is National lands:
• designated as a FR for multiple uses
• sustainably managed for commercial
harvesting of timber and non-timber products.
• Designated for the protection and
management watersheds and the
conservation biodiversity.
• Forest Reserves are managed under the
Forest Act.
Activities permitted in a Forest Reserve

• Research,
• Education,
• Recreation & tourism,
• Commercial management and extraction of timber
and non-timber forest produce
FORESTS occur
• NATIONAL LANDS - all lands including
cayes not under private ownership
• PRIVATE LANDS – lands under private
ownership
❖Forest produce on private lands remains the
property of the Government if not stipulated
otherwise

• FOREST RESERVES & OTHER PAs


Section 5:

• Minister may make regulations for the


protection of trees, forests & forest
produce in or upon forest reserve or other
areas
• Enactment of the Forest Rules
• Enactment of the Forest (Protection Of
Trees) Regulations
• Forests (Amendment) Act, 2017 –
Stricter Penalties
Regulations
Section 4 of the Forest Rules
In any forest reserve or in national land or in
any private land to which the provisions of
the Forest Act have been applied, no person
shall except by virtue of and subject to the
conditions of any licence granted in that
behalf-
a) cut, girdle, burn or injure any tree;
b) collect, prepare, use or remove any
forest produce
Forest Rules

23. (l) In a forest reserve no person shall, except by virtue of a


licence or with the written approval of the Chief Forest Officer:
(a) squat or reside or erect any house or building or any enclosure for
animals:
(b) clear, cultivate or break up land for cultivation;
(c) construct, open or re-open any road, trail or pass;
(d) make or re-open any barquedier, work place or camp site;
(e) pasture or graze any livestock or allow any livestock to pasture or
graze.
23. (6) In a forest reserve no person shall search for, hunt,
shoot or set traps or snares for any wild animal or fish, except
with a licence issued under the Wildlife Protection Act
Forest Rules

24. (1) In a forest reserve no person shall -


(a) set fire to any grass, vegetation, undergrowth, tree or other
object from which fire is likely to spread;
(b) leave any fire burning except with the express permission in
writing of the Chief Forest Officer or his duly authorised agent;
(c) negligently light or throw down or drop any match or other
lighted or inflammable material or any light.
A forest officer can suspend a licensee’s operations while
any fire is burning and request licensee to provide, free of
cost, all available labourers and equipment to assist in
extinguishing the fire
Section 6:
• House of Representatives may by resolution
prescribe and require payment of royalty and may
increase, reduce, abolish or otherwise alter the
royalty prescribed.
• There exist Royalty Schedule and other prescribe
fees

Section 7:
• Royalty shall be paid in respect of trees
felled on private lands at the rates
specified
Section 8:
• Minister may from time to time make
Regulations/Rules to regulate the
Transportation of Forest Produce

Section 9:
• The Minister may by Order apply any of the
provisions of this Act or of any regulations made
thereunder to any area or tract of private land
and may from time to time vary, alter or revoke
such Order.
• Enactment of Private Forests (Conservation)
Act Chapter 217
Powers & Authority

• Chief Forest Officer’s Powers –


✓ Administrator of the Forest Act
✓ Authorize the laying charges and
prosecution of forest offences
✓ Appoint or authorize an individual to
enforce the provisions of Forest Act
Section 10:

• (1) Any forest or police officer may, without


warrant, arrest any person reasonably suspected
of having been concerned in any forest offence, if
the suspected person refuses to give his name
and residence, or gives a name and residence
which there is reason to believe is false, or if
there is reason to believe he will abscond.
• (2) Every officer making an arrest under this
section shall, without unnecessary delay, take or
send the person so arrested before the nearest
magistrate
Section 11:
• (1) Minister may from time to time by Order
empower a forest officer by name, or as holding
an office ( a – f)
a) to accept from any person against whom a
reasonable suspicion exists that he has
committed any forest offence, other than an
offence specified in section 20, a sum of
money which shall in no case exceed two
thousand dollars, by way of compensation for
the offence which such person is suspected
to have committed;
Section 14: Recovery of money
due to the Government.
• All moneys payable to the Government under this
Act or under any regulations made under this Act
or on account of the price of any forest produce
may, if not paid when due, be recovered-
• (a) upon summary conviction on the complaint
of the Chief Forest Officer or any person
authorised by him in writing in that behalf; or
• (b) by civil proceedings by the Government in
any court of competent jurisdiction; or
• (c) by such procedure as may be laid down in
any Act for the recovery of arrears of revenue
payable to the Government.
Section 18: Penalties
• (1) The Minister may fix such penalties for the breach or
non-observance of any regulations made under this Act,
and for the aiding of any breach or non observance of any
regulation made under this Act, as he may think proper not
exceeding a fine of twenty-five thousand dollars or
imprisonment not exceeding twelve months, or both such
fine and term of imprisonment.
• (2) Where no penalty is imposed by the regulations, the
breach or non observance or the aiding of the breach or
non-observance of any regulation shall be punishable to the
extent specified in subsection (1).
• (3) The court may in addition, order the forfeiture of any
licence granted under this Act or under any regulations
made thereunder and of any forest produce in respect of
which a forest offence has been committed and of any
vehicle, vessel or equipment used in the commission of an
offence.
Description Of A Forest Offence
Section 19. - Unlawful Possession
Any person who receives or is found in possession of any forest
produce with respect to which a forest offence has recently been
committed shall, unless he can account for such possession or can
show that he came by such produce innocently and without knowledge
of the offence, be guilty of an offence and is liable on summary
conviction to a fine not exceeding:
a) three times the respective amount specified in the Second
Schedule, in relation to the applicable class of forest produce and
species of tree therein specified; or
b) ten thousand dollars, in relation to any other class of forest
produce not specified in the Second Schedule, or to imprisonment
for a period not exceeding twelve months, or to both such fine and
term of imprisonment, and the forest produce and any vehicle,
vessel or equipment used in the commission of an offence shall
be liable to forfeiture.
Section 16: Disposal Of Forest
Produce

• Any forest produce forfeited under this Act


shall be sold or otherwise disposed of as
the Minister may, by general or special
order, direct
SECTION 20: COUNTERFEIT, DEFACING OR REMOVING MARKS:
Any person who commits, or aids any person who commits any of
the following offences, shall be liable on summary conviction to a
fine not exceeding five thousand dollars or to imprisonment for a
period not exceeding twelve months, or to both such fine and
term of imprisonment
(a) counterfeits upon any (b) counterfeits or issues
tree or forest produce without due authority, any (d) alters, moves,
licence, permit or pass for
any mark used under the
the cutting, removal or sale destroys or defaces
authority of this Act to of trees or forest produce; ( any boundary mark
indicate that such tree or
produce is the property c) alters, obliterates, or of any forest or any
of the Government or of defaces any stamp, mark, land to which the
sign, licence, permit or pass
some person, or that it used or issued by the Forest provisions of this Act
may be lawfully cut or Department or under the are applied.
removed; authority of this Act;
Section 21. – Assessment And Order Payment Of
Damages

1) When any offender has been convicted of a forest offence the


court may in addition to any other penalty assess the amount of any
damage which may have been caused by such offender and cause it
to be recovered in like manner as if it were a fine or in the case of
unauthorised establishments, buildings, enclosures, huts or standing
crops on national land may order their removal within such period as
may be fixed and the restoration of the places as nearly as possible
to their previous condition.

2) Where such removal has not been effected within the period fixed
as mentioned in subsection (1), all such establishments, buildings,
enclosures, huts or standing crops shall become the property of the
Government and may be disposed of by the Chief Forest Officer, with
the approval of the Minister, in such manner as may be considered
proper.
Section 21. – Assessment And Order Payment Of
Damages

3) Where the person convicted of the offence committed it as the


agent or servant of another person, the court before which he is
convicted may, unless after hearing that other person it is satisfied
that the offence was not a consequence of his instigation or of any
neglect or default on his part, order him, instead of the person who
committed the offence, to pay the amount of damage assessed in
accordance with subsection (1).
Section 22. – Forest offences punishable on
summary conviction.

All forest offences shall be punishable on summary conviction on


information which may be laid by the Chief Forest Officer or any
person authorised by him in writing.

Section 23. – Information upon a Forest


Offence

All informations for penalties incurred under this Act shall be laid
within two years after the offence has been committed.
Section 24. – Forest offences punishable on
summary conviction.

• Whenever any forest officer or police officer has a


reasonable suspicion that any person is guilty of a
forest offence, or is in possession of any forest produce
in respect of which a forest offence has been
committed, he may search such person or any
baggage, parcel, conveyance, tent, or building under
the control of such person or his agent or servant, and
if the forest officer or police officer finds any forest
produce, he may, if he has reason to believe that a
forest offence has been committed in respect thereof,
seize such forest produce and take it before a
magistrate to be dealt with according to law.
Section 25. – Presumption of Ownership

When in any proceedings under this Act, a question arises as to


whether any tree or forest produce is the property of the Government,
or whether any land is national land such tree or forest produce shall
be presumed to be the property of the Government, and such land
shall be deemed to be national land until the contrary is proved.

Section 27. – Saving Of Other Powers


Nothing in this Act shall be construed to prevent any person from
being prosecuted under any other law for any act or omission which
constitutes a forest offence, or from being liable under such other law
to any higher punishment or penalty than that provided by this Act,
except that no person shall be punished twice for the same offence.
Section 29. – Award Of Portion Of Fine To
Informant

The court may award any amount not exceeding


one-half of the fine imposed for a forest offence
to the person who supplied such information as
led to the conviction of an offender.

Section 30 - 34. – Forest Roads


Deals with the declaration of a scheduled
truck pass in private land, use, construction,
payment for the haulage or extraction of timber or
other forest produce from any forest to a public
road
PENALTIES AMENDMENTS
$2,000 for $10,000 for
CONFISCATE $5,000 for obstructing
VEHICLE OR Damage Roads
Counterfeit officer
EQUIPMENT Section 36
•A maximum of Section 35
•Any vehicle, •Any person
$5,000 (was •Any person, who found
vessel or $1000) will be
equipment used obstructs an committing the
imposed for any authorized offence of
in the
counterfeit officer under damaging forest
commission of Forest
a forest offence the Forest Act roads or
Department from carrying waterways, now
will be stamps,
confiscated and out duties, will faces a
licenses or the face a maximum fine
are liable to altering of
forfeiture to the maximum fine of $10,000
stamps or of $2,000 (was (was $500).
Government of
licenses. $500). (Section (Section 36,
Belize. (Section (Section 20,
19, Forest Act) 35, Forest Act) Forest Act)
Forest Act)
Forest Act - PENALTIES AMENDMENTS

•Any person in possession


of specific timber
species, under Second $10,000 FINE & 12
Schedule, may face MONTHS JAIL-TIME
imprisonment or be fined
up to three times the • Any person caught with unlawful possession of any forest produce NOT included in the Second Schedule of the Forest Act may face up to
$10,000 in fines or 12 months imprisonment or to both such fine and term of imprisonment, and the forest produce shall be liable to

value based on the (a)


forfeiture. (Section 19, Forest Act)

commercial price, (b)


ecological value, and (c)
rarity of the timber
species. (calculations
specified in Second
Schedule)
COURT ACTION

Amendment of Section 11
• Fine must be calculated as per the Second Schedule; if
the fine for the offence exceeds $2,000 then
Compounding of the Offence is NOT an option and the
offender MUST be taken before the Court.
• If the calculated fine is less than the $2,000 threshold,
then Compounding of an Offense can be considered
Second Schedule
SECOND SCHEDULE
Fines for Unlawful Possession of Forest Produce
[SECTION 19]

Local name of Botanical name Class of forest Quantity Units Prescribed ratio of Value of one
the species produce penalty units per penalty unit ($)
(2) (4) quantity units
(1) (3) (5) (6)

Mahogany Swietenia Logs or sawn Board feet 3:1 2.00


macrophylla lumber (True volume)

Rosewood Dalbergia Logs or sawn Board feet 4:1 2.00


stevensonii lumber (True volume)

Cedar Cedrela odorata Logs or sawn Board feet 2:1 2.00


lumber (True volume)

Pine Pinus spp. Logs or sawn Board feet 1:1 2.00


lumber (True volume)

Santa Maria Calophyllum Logs or sawn Board feet 1:1 2.00


brasiliense lumber (True volume)

* Species category depending on commercial value, ecological importance and rarity of the species
CALCULATION OF PENALTY UNITS

❑ Say for example you are caught with 320 BDFT


of Mahogany
• Calculation: Penalty Units (PU)
x VALUE
❑ Prescribe Ratio (PR) = for Mahogany (Swietenia
macrophylla)
✓ 960 PU x $2 (value) = $1,920
✓ Prescribe Ratio category 3:1

❑ Penalty Unit obtained by multiplying: PR x BDFT •Is it a Compoundable or Non-


✓ 3 x 320 BDFT= compoundable offence?
960 Penalty Units (PU) •Since $1,920 is LESS THAN
$2,000 threshold, it is a
compoundable offence.
Forest Rules
Licences To Exploit Forest Produce
1. A forest license for sustained yield working of timber or other
forest produce
➢ Granted on Private lands (large tract) & Forest Reserves and
Community lands
➢ Long term forest license - 20 to 40 years
➢ Requires a Management Plan & Annual Plan of Operations
➢ Upon approval of the APO, a Cutting Permit is issued
➢ Use of property brand also applies
➢ Post Harvest Audit
2. A forest license not on a sustained yield working of timber or
other forest produce
➢ Usually a one-year concession
➢ Granted on national lands, lease & private lands
➢ Forest License, Private Forest Permit, Sunken Logs Permits
➢ Sunken Logs: require ECP
➢ Requires a Harvesting Suitability Assessment on national land
➢ Licensees must make and register a property brand
Licenses To Exploit Forest Produce

3. A forest permit for the working of timber or other


forest produce in a timber salvage area where the
royalty value does not exceed one thousand dollars

4. Petty Permit for the working of timber or other forest


produce where the royalty value does not exceed fifty
dollars
➢ For personal/subsistence use only (Timber and NTFP)
➢ Granted on Private & Lease Land only
➢ Usually issued along with Chainsaw Permit (for timber)
➢ Requires an inspection
➢ Valid for 7 days
SHORT
TERM
FOREST
LICENSES Expiry
Date

(National
and Lease
Land)

Printed on standard forms set out in the First Schedule


SHORT
TERM
FOREST
Expiry
Date

LICENSES
(Private
land)
Expiry Date

Petty Permit Material

(royalty value does


not exceed $50)

All licences shall be


stamped
Forest Rules

❑to afford citizens access to resources but in a duly


authorized & rational manner
❑to deter from unsustainable exploitations of resources
and/or irresponsible use of natural areas & resources
❑Provisions of this rule shall apply to such areas where the
extraction of forest produce is conducive to good forest
management
❑All licences except petty permits, shall give the holder the
sole right to cut, collect, prepare, use, or remove forest
produce for the block of forest the licenses covers
❑Nothing prevents the issuance of any licence for another
class of forest produce in the same tract
Forest Rules
• If a licensee has contravened or failed to observe any of
the conditions of his licence, the Act, Rules or fails to
make a payment in accordance with the terms of his
licence, the licence maybe suspended or revoke
• No licensee shall take any forest produce or conduct
any logging operations while his licence is suspended.
• Any forest produce so taken shall be forfeited by the
Chief Forest Officer.
• The fees or royalties payable under any licence are set
out in the Fifth Schedule
• No licence issued under the Forest Rules shall be
transferable by the licensee (only with approval of
Minister)
FOREST LICENSE CONDITIONS
• No person shall transport, or allow
to be transported any timber (other
than sawn lumber) by any public
road except the timber is
accompanied by a waybill
• For transportation, the person must
have a copy of the license the
produce was harvested under, and
this material must also be
accompanied with a way-bill.
• The waybill can be demanded by
any forest officer, police officer or
administrative officer for inspection
FOREST LICENSE CONDITIONS APPLICABLE TO
TRANSPORT OF MATERIAL
License conditions applicable to ALL license types

• All logs or any timber produce must have an FD stamp along with the
registered brand mark of the license holder. The licensee shall mark every log
with his/her registered brand mark before transporting logs out of the
concession area on both ends.
FOREST LICENSE CONDITIONS

• The licensee shall take all reasonable precautions


to avoid damage to forest roads, public roads, and
private roads especially during the periods of wet
weather. The respective Range Office may issue a
‘cease to logging operations’ to protect road
conditions until weather conditions improve.
FOREST LICENSE
CONDITIONS

• The licensee shall transport


harvested timber produce
Mondays to Fridays only and
between the hours of 6:00
AM and 6:00 PM. No timber
shall be transported on
Public and Bank Holidays
Forest Act (Chapter 213) (Regs)

1. Forest (Protection of Trees) Chainsaw Regulation (2010).


• Allow for the granting of Chainsaw permits – conversion of
logs to lumber for varying tree species – personal
consumption

2. Forest (Protection of Mangroves) Regulation


Statutory Instrument No. 40 of 2018
• Regulates the alteration of mangroves -

3. Forest Rules:
• Defines types of licenses and permits
• Transportation of timber by water and by road
• Declares forest roads
• Establishes Royalty to be prescribed
• Provides for disposal of forest produce

4. Export Order:
export wild animals, products of wild animals, plants
Other Acts

• Private Forests (Conservation) Act – CAP 217


• Permit harvesting of trees on private lands
• Forest Officers or police may enter upon private lands for
inspections, where a permit has been issued
• Penalty: $100 per tree for every tree felled without
permission or 6 months imprisonment or both
Other Acts

• Forest Fire Protection Act – CAP 212


• Allows for the declaration of fire protection areas & Fire
protection plans to be developed
• Plan may be applied to national and private lands
• FD jurisdiction is limited to PA’s under its management
• Fine for fires started in declared ‘Controlled Areas’ - $2,000 /
imprisonment not exceeding 2 years or both
• Fire (Negligent Use of) Act – CAP 117
• an individual liable for the setting or negligent, careless or
improper use or management of any fire in or upon any land or
place.
• Carries a fine of $500 or a term of imprisonment not exceeding
6 months, or both
New Instruments

CITES Bill
 To regulate the local and international trade of CITES listed
species - Wild Fauna and Flora (Terrestrial & Marine species)
 To promote the management, conservation and protection of
endangered species;
 To Establish a management and scientific authority
 To allow the establishment of quotas for the international trading
of CITES listed species
THANK YOU!

Contact:
Office #: 822-1524

Email: [email protected]

Visit: Forest Drive, Belmopan

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