Organic Regulation of the Ministry of Environment and EnergyReglamento Orgánico del Ministerio de Ambiente y Energía

No. 30414 THE PRESIDENT OF THE REPUBLIC AND THE MINISTER OF ENVIRONMENT AND ENERGY Pursuant to the powers conferred by paragraphs 3) and 18) of Article 140 and Article 146 of the Political Constitution, and Articles 27, 27 of the General Public Administration Act No. 6227 of May 2, 1978, as amended, Article 17b, paragraph c) of the Forestry Act No. 7575 as amended, ## CONSIDERING:

I.—That the high rate of deforestation in Costa Rica has been reversed, achieving a net increase in forest cover (cobertura boscosa). The Forestry Act No. 7575 establishes, as a primary and priority function of the State, the need to ensure the conservation, protection, and management of natural forests, as well as the production, use, industrialization, and promotion of forest resources, according to the principle of appropriate and sustainable use.

II.—That the Executive Branch, through MINAE, must ensure the conservation and proper management of forests; therefore, the regulations in this matter must be updated in accordance with scientific criteria that guarantee the sustainable management of forest ecosystems and the connectivity of biological corridors, ensuring the protection of soils, water, and biodiversity, both within and outside protected wild areas.

III.—That forest cover plays a fundamental role in protecting water resources, as well as in mitigating greenhouse gas emissions, for which the country receives significant benefits as a result of forest conservation.

IV.—That with Decree No. 31849-MINAE published in La Gaceta No. 172 of September 8, 2004, the MINAE established voluntary guidelines for the sustainable management of secondary forests, and with the present decree, the intention is to establish binding parameters.

V.—That it is necessary to update secondary forest management regulations to harmonize them with the stipulations of Decree No. 34555-MINAE regarding the management, conservation, and protection of springs (nacientes).

VI.—That with the enactment of the Biodiversity Act No. 7788 of April 30, 1998, and the prior consultation processes of the Indigenous Law, participation spaces have been created, and indigenous peoples have been granted the necessary legal instruments for conservation for cultural and sacred purposes of those forests located in their territories, and the present regulations do not conflict with those instruments.

## THEREFORE:

The following:

## REGULATIONS FOR THE SUSTAINABLE MANAGEMENT OF SECONDARY FORESTS AND THE USE OF RESOURCES FROM PRIMITIVE-PRIMARY FORESTS AFFECTED BY EMERGENCIES **Article 1.—Purpose.** These regulations establish the conditions under which the sustainable management of secondary forests may be authorized, as well as the use, transformation, and transportation of resources from primitive-primary forests affected by emergencies pursuant to Articles 17b paragraph c), 18, 19, and 20 of the Forestry Act No. 7575.

**Article 2.—Definitions.** For the purposes of the application of the present regulation, the following are defined:

- **Forest Management Plan:** Technical planning instrument governing the interventions of sustainable forest management (manejo forestal sostenible). - **Sustainable forest management:** Process comprising a set of silvicultural actions aimed at timber production, forest protection, and provision of environmental services. - **Emergency:** Unforeseen atmospheric, biotic or geological phenomena that cause risk or damage to life, health, property, or infrastructure, declared as such by the National Commission for Risk Prevention and Emergency Response, hereinafter CNE. - **Araucaria hunsteinii:** Species identified by that scientific name and whose common name is araucaria. - **Cupressus lusitanica:** Species identified by that scientific name and whose common name is ciprés (cypress). - **Eucalyptus deglupta:** Species identified by that scientific name. - **Pinus caribaea:** Species identified by that scientific name and whose common name is Caribbean pine. - **Pinus oocarpa:** Species identified by that scientific name. - **Tectona grandis:** Species identified by that scientific name and whose common name is teca (teak). - **Terminalia ivorensis:** Species identified by that scientific name. - **Terminalia oblonga:** Species identified by that scientific name and whose common name is surá. - **Secondary forest:** Terrestrial plant community with predominantly forestry characteristics that, not being classified as a primary forest, develops on lands that were previously cleared or covered by forests; it is comprised of native tree and shrub species of different ages, with a complex structure and at least two forest strata. According to its age and successional stage, a secondary forest can be classified as early, intermediate, or late.

**Article 3.** The authorization for the management of secondary forests must be requested by the owner or legal possessor of the property where these ecosystems are located, before the Regional Subcouncil or the competent Directorate of the Conservation Area of the corresponding SINAC.

The Forest Management Plans must be prepared by a forestry professional with a university degree at the bachelor's level or higher, incorporated into the corresponding professional association and qualified by the SINAC, in accordance with the provisions of the Manual of Procedures for Sustainable Forest Management and Use in Secondary Forests, which is annexed to the present decree and forms an integral part thereof.

**Article 4.** Applications for the authorization of secondary forest management must be submitted with the following documents:

- a. Form filled out and signed by the applicant, containing the sworn declaration of the commitment of the property owner to comply with the obligations derived from the general guidelines, the specific guidelines, and the management plan. - b. Cadastral map with its respective certification of the real property registration. - c. Proof of authorization and identification of the responsible professional. - d. Receipt of deposit of thirty thousand colones (₡30,000.00) to finance the national forest financing fund, per each property and management plan presented.

**Article 5.** The forest land use change (cambio de uso del suelo) on lands that have been covered by secondary forest for at least 15 years, counted retroactively from the date of receipt of the application, is prohibited.

The Forestry Administration will verify, based on the land-use capacity map and the evolution of land use in Costa Rica, through instruments such as the most recent aerial photographs, satellite images, and maps from the corresponding periods, that the secondary forest has existed for that number of years.

If the property has been subject to forest management plans, the corresponding inventory records and the historical record of the file will be used as verification instruments.

If the secondary forest does not meet the age requirement stipulated in this article, its regeneration period will be respected, during which activities incompatible with the development of forest cover may not be carried out; however, land use change may be authorized provided it is technically demonstrated that the land is suitable for activities other than forestry, according to the land-use capacity map and other technical studies, and the corresponding environmental impact assessment (evaluación de impacto ambiental, EIA) is carried out.

**Article 6.** The management of secondary forests will be carried out exclusively based on the Manual of Procedures for Sustainable Forest Management and Use in Secondary Forests, Anexo 1, which contains the general technical guidelines for inventories, intervention intensities, silvicultural treatments, logging, and transportation.

**Article 7.** The following are prohibited in forest lands, regardless of when the secondary ecosystem was established:

- a. The cutting, use, or management of forest areas located on slopes greater than 40% (Article 33 of the Forestry Act). - b. The cutting, use, or management of trees in forest cover located in protection areas comprised of the permanent protection zone of springs and the strip parallel to water bodies established in Article 33 of the Forestry Act.

**Article 8.** The logging of secondary forest cover, as well as the use of timber from the species stipulated in this article, must be subject exclusively to the following categories and technical parameters:

In the case of improvement thinning and use of species not included in this article, the minimum cutting diameter will be 60 cm. The residual basal area and the minimum number of residual trees per hectare will be 10 m² and 100 residual trees per hectare, in all cases.

In the case of clear-cutting of species for which the country has developed reforestation programs, the change of crop will only apply when these species demonstrate low yields due to inadequate site quality, damage caused by fires, pests and diseases, or natural disasters, among others, or for reasons of crop replacement. In any case, the change of crop must be carried out within a period of less than 24 months from the date of authorization.

When the use of species not included in this article is authorized in secondary forests, the parameters established for improvement thinning and use of species in this article will apply, provided that their diameter exceeds 60 centimeters.

**Article 9.** The management of primitive-primary forest wood products affected by an emergency declared by the CNE must have the approval of the corresponding Regional Subcouncil or Directorate of the Conservation Area of the SINAC, to which a technical report prepared by a forestry professional, incorporated into the corresponding professional association and qualified by the SINAC, must be submitted demonstrating the existence of the emergency and quantifying the available timber volumes.

If the emergency occurs on properties covered by the Payment for Environmental Services (Pago de Servicios Ambientales, PSA) program, the beneficiary must submit the respective communication to the SINAC within ten business days following the emergency.

The forestry professional is responsible for the information provided regarding the existence or not of the emergency and the quantification of the volumes, without prejudice to the verification actions that the SINAC may carry out ex officio.

**Article 10.** The resources from primitive-primary forests affected by an emergency may be used by the owner or possessor of the land where they are located, provided that they have the respective Forest Management Plan prepared by a forestry professional and approved by the SINAC.

The use will be carried out in a way that does not impede the natural regeneration or recovery of the affected area.

As a priority, dead wood that impedes the forest regeneration process must be used, according to the silvicultural diagnosis; any action that affects the forest cover or harms the forest regeneration process is prohibited.

The SINAC may coordinate with public institutions and municipalities, the use of wood products from primitive-primary forests affected by emergencies.

**Article 11.** To authorize the sustainable management of secondary forests, as well as the use of wood from primitive-primary forests that have been affected by an emergency, the forestry administration must consider the management, conservation, and protection guidelines of springs established in Decree No. 34555-MINAE.

**Article 12.** Those interested in processing an authorization for sustainable management or use of wood from primitive-primary forests affected by emergencies, before the respective Regional Subcouncil or the competent Directorate of the SINAC Conservation Area, must submit the following documents:

- a. Completed and signed application form. - b. Cadastral map with its respective certification of the real property registration. - c. Professional authorization and identification. - d. Deposit receipt of thirty thousand colones (₡30,000.00) to finance the National Forest Financing Fund.

The SINAC will resolve the applications submitted within the thirty business days following receipt.

## TRANSITIONAL PROVISIONS **Transitory Provision 1.** As of the publication of this decree in the Official Gazette La Gaceta, any procedure on secondary forests and use of wood from primitive-primary forests affected by emergencies that is in process and has not been resolved by the Forestry Administration must be adapted to the provisions of this regulation.

**Transitory Provision 2.** The SINAC must regulate the conditions and procedures for the safe transportation of wood products within a period of three months from the publication of this Decree.

## FINAL PROVISIONS **Final Provision 1.** This decree does not apply to indigenous territories, which are governed in forestry matters by their own regulations.

**Final Provision 2.** The Manual of Procedures for Sustainable Forest Management and Use in Secondary Forests is annexed to the present decree and forms an integral part thereof.

**Final Provision 3.** Decree No. 31849-MINAE of August 13, 2004, published in La Gaceta No. 172 of September 8, 2004, is repealed.

**Final Provision 4.** This decree enters into force upon its publication in the Official Gazette La Gaceta.

Given at the Presidency of the Republic, San José, on the first day of April, two thousand and two.

No. 30414 THE PRESIDENT OF THE REPUBLIC AND THE MINISTER OF ENVIRONMENT AND ENERGY Pursuant to the powers conferred by paragraphs 3) and 18) of Article 140 and Article 146 of the Political Constitution, and Articles 27, 27 of the General Public Administration Act No. 6227 of May 2, 1978, as amended, Article 17b, paragraph c) of the Forestry Act No. 7575 as amended, ## CONSIDERING:

I.—That the high rate of deforestation in Costa Rica has been reversed, achieving a net increase in forest cover (cobertura boscosa). The Forestry Act No. 7575 establishes, as a primary and priority function of the State, the need to ensure the conservation, protection, and management of natural forests, as well as the production, use, industrialization, and promotion of forest resources, according to the principle of appropriate and sustainable use.

II.—That the Executive Branch, through MINAE, must ensure the conservation and proper management of forests; therefore, the regulations in this matter must be updated in accordance with scientific criteria that guarantee the sustainable management of forest ecosystems and the connectivity of biological corridors, ensuring the protection of soils, water, and biodiversity, both within and outside protected wild areas.

III.—That forest cover plays a fundamental role in protecting water resources, as well as in mitigating greenhouse gas emissions, for which the country receives significant benefits as a result of forest conservation.

IV.—That with Decree No. 31849-MINAE published in La Gaceta No. 172 of September 8, 2004, the MINAE established voluntary guidelines for the sustainable management of secondary forests, and with the present decree, the intention is to establish binding parameters.

V.—That it is necessary to update secondary forest management regulations to harmonize them with the stipulations of Decree No. 34555-MINAE regarding the management, conservation, and protection of springs (nacientes).

VI.—That with the enactment of the Biodiversity Act No. 7788 of April 30, 1998, and the prior consultation processes of the Indigenous Law, participation spaces have been created, and indigenous peoples have been granted the necessary legal instruments for conservation for cultural and sacred purposes of those forests located in their territories, and the present regulations do not conflict with those instruments.

## THEREFORE:

The following:

## REGULATIONS FOR THE SUSTAINABLE MANAGEMENT OF SECONDARY FORESTS AND THE USE OF RESOURCES FROM PRIMITIVE-PRIMARY FORESTS AFFECTED BY EMERGENCIES **Article 1.—Purpose.** These regulations establish the conditions under which the sustainable management of secondary forests may be authorized, as well as the use, transformation, and transportation of resources from primitive-primary forests affected by emergencies pursuant to Articles 17b paragraph c), 18, 19, and 20 of the Forestry Act No. 7575.

**Article 2.—Definitions.** For the purposes of the application of the present regulation, the following are defined:

- **Forest Management Plan:** Technical planning instrument governing the interventions of sustainable forest management (manejo forestal sostenible). - **Sustainable forest management:** Process comprising a set of silvicultural actions aimed at timber production, forest protection, and provision of environmental services. - **Emergency:** Unforeseen atmospheric, biotic or geological phenomena that cause risk or damage to life, health, property, or infrastructure, declared as such by the National Commission for Risk Prevention and Emergency Response, hereinafter CNE. - **Araucaria hunsteinii:** Species identified by that scientific name and whose common name is araucaria. - **Cupressus lusitanica:** Species identified by that scientific name and whose common name is ciprés (cypress). - **Eucalyptus deglupta:** Species identified by that scientific name. - **Pinus caribaea:** Species identified by that scientific name and whose common name is Caribbean pine. - **Pinus oocarpa:** Species identified by that scientific name. - **Tectona grandis:** Species identified by that scientific name and whose common name is teca (teak). - **Terminalia ivorensis:** Species identified by that scientific name. - **Terminalia oblonga:** Species identified by that scientific name and whose common name is surá. - **Secondary forest:** Terrestrial plant community with predominantly forestry characteristics that, not being classified as a primary forest, develops on lands that were previously cleared or covered by forests; it is comprised of native tree and shrub species of different ages, with a complex structure and at least two forest strata. According to its age and successional stage, a secondary forest can be classified as early, intermediate, or late.

**Article 3.** The authorization for the management of secondary forests must be requested by the owner or legal possessor of the property where these ecosystems are located, before the Regional Subcouncil or the competent Directorate of the Conservation Area of the corresponding SINAC.

The Forest Management Plans must be prepared by a forestry professional with a university degree at the bachelor's level or higher, incorporated into the corresponding professional association and qualified by the SINAC, in accordance with the provisions of the Manual of Procedures for Sustainable Forest Management and Use in Secondary Forests, which is annexed to the present decree and forms an integral part thereof.

**Article 4.** Applications for the authorization of secondary forest management must be submitted with the following documents:

- a. Form filled out and signed by the applicant, containing the sworn declaration of the commitment of the property owner to comply with the obligations derived from the general guidelines, the specific guidelines, and the management plan. - b. Cadastral map with its respective certification of the real property registration. - c. Proof of authorization and identification of the responsible professional. - d. Receipt of deposit of thirty thousand colones (₡30,000.00) to finance the national forest financing fund, per each property and management plan presented.

**Article 5.** The forest land use change (cambio de uso del suelo) on lands that have been covered by secondary forest for at least 15 years, counted retroactively from the date of receipt of the application, is prohibited.

The Forestry Administration will verify, based on the land-use capacity map and the evolution of land use in Costa Rica, through instruments such as the most recent aerial photographs, satellite images, and maps from the corresponding periods, that the secondary forest has existed for that number of years.

If the property has been subject to forest management plans, the corresponding inventory records and the historical record of the file will be used as verification instruments.

If the secondary forest does not meet the age requirement stipulated in this article, its regeneration period will be respected, during which activities incompatible with the development of forest cover may not be carried out; however, land use change may be authorized provided it is technically demonstrated that the land is suitable for activities other than forestry, according to the land-use capacity map and other technical studies, and the corresponding environmental impact assessment (evaluación de impacto ambiental, EIA) is carried out.

**Article 6.** The management of secondary forests will be carried out exclusively based on the Manual of Procedures for Sustainable Forest Management and Use in Secondary Forests, Anexo 1, which contains the general technical guidelines for inventories, intervention intensities, silvicultural treatments, logging, and transportation.

**Article 7.** The following are prohibited in forest lands, regardless of when the secondary ecosystem was established:

- a. The cutting, use, or management of forest areas located on slopes greater than 40% (Article 33 of the Forestry Act). - b. The cutting, use, or management of trees in forest cover located in protection areas comprised of the permanent protection zone of springs and the strip parallel to water bodies established in Article 33 of the Forestry Act.

**Article 8.** The logging of secondary forest cover, as well as the use of timber from the species stipulated in this article, must be subject exclusively to the following categories and technical parameters:

In the case of improvement thinning and use of species not included in this article, the minimum cutting diameter will be 60 cm. The residual basal area and the minimum number of residual trees per hectare will be 10 m² and 100 residual trees per hectare, in all cases.

In the case of clear-cutting of species for which the country has developed reforestation programs, the change of crop will only apply when these species demonstrate low yields due to inadequate site quality, damage caused by fires, pests and diseases, or natural disasters, among others, or for reasons of crop replacement. In any case, the change of crop must be carried out within a period of less than 24 months from the date of authorization.

When the use of species not included in this article is authorized in secondary forests, the parameters established for improvement thinning and use of species in this article will apply, provided that their diameter exceeds 60 centimeters.

**Article 9.** The management of primitive-primary forest wood products affected by an emergency declared by the CNE must have the approval of the corresponding Regional Subcouncil or Directorate of the Conservation Area of the SINAC, to which a technical report prepared by a forestry professional, incorporated into the corresponding professional association and qualified by the SINAC, must be submitted demonstrating the existence of the emergency and quantifying the available timber volumes.

If the emergency occurs on properties covered by the Payment for Environmental Services (Pago de Servicios Ambientales, PSA) program, the beneficiary must submit the respective communication to the SINAC within ten business days following the emergency.

The forestry professional is responsible for the information provided regarding the existence or not of the emergency and the quantification of the volumes, without prejudice to the verification actions that the SINAC may carry out ex officio.

**Article 10.** The resources from primitive-primary forests affected by an emergency may be used by the owner or possessor of the land where they are located, provided that they have the respective Forest Management Plan prepared by a forestry professional and approved by the SINAC.

The use will be carried out in a way that does not impede the natural regeneration or recovery of the affected area.

As a priority, dead wood that impedes the forest regeneration process must be used, according to the silvicultural diagnosis; any action that affects the forest cover or harms the forest regeneration process is prohibited.

The SINAC may coordinate with public institutions and municipalities, the use of wood products from primitive-primary forests affected by emergencies.

**Article 11.** To authorize the sustainable management of secondary forests, as well as the use of wood from primitive-primary forests that have been affected by an emergency, the forestry administration must consider the management, conservation, and protection guidelines of springs established in Decree No. 34555-MINAE.

**Article 12.** Those interested in processing an authorization for sustainable management or use of wood from primitive-primary forests affected by emergencies, before the respective Regional Subcouncil or the competent Directorate of the SINAC Conservation Area, must submit the following documents:

- a. Completed and signed application form. - b. Cadastral map with its respective certification of the real property registration. - c. Professional authorization and identification. - d. Deposit receipt of thirty thousand colones (₡30,000.00) to finance the National Forest Financing Fund.

The SINAC will resolve the applications submitted within the thirty business days following receipt.

## TRANSITIONAL PROVISIONS **Transitory Provision 1.** As of the publication of this decree in the Official Gazette La Gaceta, any procedure on secondary forests and use of wood from primitive-primary forests affected by emergencies that is in process and has not been resolved by the Forestry Administration must be adapted to the provisions of this regulation.

**Transitory Provision 2.** The SINAC must regulate the conditions and procedures for the safe transportation of wood products within a period of three months from the publication of this Decree.

## FINAL PROVISIONS **Final Provision 1.** This decree does not apply to indigenous territories, which are governed in forestry matters by their own regulations.

**Final Provision 2.** The Manual of Procedures for Sustainable Forest Management and Use in Secondary Forests is annexed to the present decree and forms an integral part thereof.

**Final Provision 3.** Decree No. 31849-MINAE of August 13, 2004, published in La Gaceta No. 172 of September 8, 2004, is repealed.

**Final Provision 4.** This decree enters into force upon its publication in the Official Gazette La Gaceta.

Given at the Presidency of the Republic, San José, on the first day of April, two thousand and two.