Forestry laws govern activities in designated forest lands, most commonly with respect to forest management Forest management is a branch of forestry concerned with overall administrative, legal, economic, and social aspects, as well as scientific and technical aspects, such as silviculture, protection, and forest regulation. This includes management fo ...
and timber harvesting. Forestry laws generally adopt management policies for public forest resources, such as multiple use and sustained yield. Forest management is split between private and public management, with public forests being sovereign property of the State. Forestry laws are now considered an international affair.
Governmental agencies are generally responsible for planning and implementing forestry laws on public forest lands, and may be involved in forest inventory
Forest inventory is the systematic collection of data and forest information for assessment or analysis. An estimate of the value and possible uses of timber is an important part of the broader information required to sustain ecosystems. When taki ...
, planning, and conservation
Conservation is the preservation or efficient use of resources, or the conservation of various quantities under physical laws.
Conservation may also refer to:
Environment and natural resources
* Nature conservation, the protection and managem ...
, and oversight of timber sales. Forestry laws are also dependent on social and economic contexts of the region in which they are implemented. The development of scientific forestry management is based on the precise measurement of the distribution and volume of wood in a given parcel, the systematic felling of trees, and their replacement by standard, carefully aligned rows of mono-cultural plantations that could be harvested at set times.
Purpose
Forestry laws are intended to protect resources and prevent forest clearing, logging, hunting, and collecting vegetation.
However, there are no clear limitations set within these laws in regards to allowable cuts, harvesting rotations, and minimum harvesting diameters.
Forest management plans state goals for the upkeep of the land, as well as steps to achieve them.
forester
A forester is a person who practises forestry, the science, art, and profession of managing forests. Foresters engage in a broad range of activities including ecological restoration and management of protected areas. Foresters manage forests to ...
s create management plans that account for each differentiated forest itself.
In some cases, plans are made with the assumption that
ecosystems within a forest are holding a steady state, separate from the forest that surrounds them. Many foresters who are in
third world countries
The term "Third World" arose during the Cold War to define countries that remained non-aligned with either NATO or the Warsaw Pact. The United States, Canada, Japan, South Korea, Western European nations and their allies represented the " Firs ...
do not have the knowledge nor training to follow by all the guidelines when making a management plan.
![Tongass national forest juneau img 7501](https://upload.wikimedia.org/wikipedia/commons/f/f3/Tongass_national_forest_juneau_img_7501.jpg)
Appropriate
public policies
Public policy is an institutionalized proposal or a decided set of elements like laws, regulations, guidelines, and actions to solve or address relevant and real-world problems, guided by a conception and often implemented by programs. Public p ...
and legislation serve to foster sustainable economic and social development in rural and urban areas. These policies work to safeguard the environment and protect flora, fauna and
cultural heritage.
Traditionally, environmental protection has been an element of
forestry
Forestry is the science and craft of creating, managing, planting, using, conserving and repairing forests, woodlands, and associated resources for human and environmental benefits. Forestry is practiced in plantations and natural stands. ...
through emphasizing forest conservation and accounting for environmental impacts on soil and water. In common with other sectors, forestry has been affected by the emergence of environmental awareness and legislation in the last generation.
This has brought greater emphasis on the protection of wilderness and aesthetic values.
Influences
Biological diversity
Biodiversity or biological diversity is the variety and variability of life on Earth. Biodiversity is a measure of variation at the genetic ('' genetic variability''), species ('' species diversity''), and ecosystem ('' ecosystem diversity'') ...
and
climate change
In common usage, climate change describes global warming—the ongoing increase in global average temperature—and its effects on Earth's climate system. Climate change in a broader sense also includes previous long-term changes to ...
have specifically influenced forest law. When forest management plans are created, biological diversity is represented in criteria for sustainability. Due to the
Kyoto Protocol, the mitigation of climate change has become an objective of forest law and policy, complementing broader climate policies and programs. However, Rosenbaum and colleagues state that there is little legislation containing specific provisions for mitigating forest-based climate change.
[Christy, L., & Ebrary, Inc. 2007. Forest law and sustainable development addressing contemporary challenges through legal reform. World Bank, Washington, DC.]
The connections between forest and other areas of law have become more complex as they have grown in ambition and scope and as other areas directly and indirectly place guidelines on how forests are managed or used. Thus the links between a country's forest laws and its general environmental laws become more important as the environmental dimensions of forest legislation increase in complexity.
Forest legislation now recognizes the role of forests as a habitat for wildlife, a resource for grazing and agriculture, and a contributor to water and soil conservation. More recently, the general principles of
environmental law and the more specific values of biological diversity have become a very visible part of forest law.
The
UN Forum on Forests, an intergovernmental policy forum created in 2000, has adopted resolutions on the sustainable development of forests, especially those on Social and Cultural Aspects of Forest and Traditional Forest-Related Knowledge.
International
Due to variations in nature, importance, role of forest resources and legal and institutional settings, forest law is not easily adapted between countries. The World Bank states that despite comparative studies of trends in forest legislation, there is a lack of practical guidance on how to assess improve the law.
Actual practices differ from one country to the next, however, in all cases public forests are viewed as a national resource, that is, the
sovereign property of the state.
For example, even though most forest land in the United States and Canada is privately owned, a considerable amount is held by the state as a "public good" but systematically leased to private timber producers. In
India
India, officially the Republic of India (Hindi: ), is a country in South Asia. It is the seventh-largest country by area, the second-most populous country, and the most populous democracy in the world. Bounded by the Indian Ocean on the so ...
, the
Raj took ownership of virtually all forests, declaring them to be "wasteland" and, therefore, unowned. In
Indonesia
Indonesia, officially the Republic of Indonesia, is a country in Southeast Asia and Oceania between the Indian and Pacific oceans. It consists of over 17,000 islands, including Sumatra, Java, Sulawesi, and parts of Borneo and New Guine ...
, forests are legally state owned but are treated as private property, while in Brazil, the lack of national government renders forests open access commons. In this role, the conservation of forests is tightly linked to the production of timber and other commodities that generate both capital and jobs, and the economies of large regions are almost wholly dependent on natural resource production from those forests.
New forest laws have been adopted in
Eastern Europe
Eastern Europe is a subregion of the European continent. As a largely ambiguous term, it has a wide range of geopolitical, geographical, ethnic, cultural, and socio-economic connotations. The vast majority of the region is covered by Russia, whic ...
an countries as part of their transition to a market economy. These laws had considerable effect on the structure of forest land ownership, improvements in management regulations, and modernization of the forest sector's institutional framework.
New forest legislation has also been developed in several countries in Western Europe in order to adapt to changing economic conditions, social demands, and more political participation of interest groups and citizens at local and regional levels.
Economic and social context
The evolution of forest legislation in the European Countries indicates that understanding of how natural resources are to be used in a sustainable manner depends on a given economic and social context. The meaning of sustainable forestry is determined by local circumstances and their significance has considerably changed over time. Today sustainable management is understood as forestry practices which respect the naturally given potentials of the ecosystems and maintain the diversity of forests in their typical landscapes. They leave multiple options for an increasing production of wood, protection of the environment, and recreation.
Regulation of use
Public provisions referring to forest uses over more than one generation are among the oldest forms of long-term environmental policies.
Customary law, codified in the 14th century, regulated forest uses in accordance with the demands and options of their times.
An increasing number of forest and timber ordinances, issued from the 16th century onward, followed.
Meeting local needs, long-term availability of raw materials and energy, and increased outputs through better forestry practices were the issues at stake. Legislation established the requirement of a continuous flow of wood production, which meant stopping exploitation of what was available. It recognized the long-term nature of forests, and promoted the involvement of several generations in forestry activities. Increasingly, it provided for planning and management, and for measures of regeneration and reforestation. This introduced principles of utilizing renewable natural resources as a requirement for sustainability as we understand it today.
United States of America Forestry Law
In the USA the Federal Government manages about 33% of forests, and 9% is managed by local governments.
This accounts for 343,901,880 acres (1391722 kilometers) of forest land.
Much of this land is made up of
National Parks
A national park is a natural park in use for conservation purposes, created and protected by national governments. Often it is a reserve of natural, semi-natural, or developed land that a sovereign state declares or owns. Although individua ...
or
National Forests which began with the establishment of
Yellowstone National Park
Yellowstone National Park is an American national park located in the western United States, largely in the northwest corner of Wyoming and extending into Montana and Idaho. It was established by the 42nd U.S. Congress with the Yellowst ...
in 1872. After this, in 1891, the
Forest Reserve Act was passed.
The National Parks are managed by the
National Park Service
The National Park Service (NPS) is an agency of the United States federal government within the U.S. Department of the Interior that manages all national parks, most national monuments, and other natural, historical, and recreational propert ...
(NPS), which is a bureau of the
Department of the Interior (DOI). National Forests are managed by the
U.S. Forest Service (USFS), an agency of the
U.S. Department of Agriculture
The United States Department of Agriculture (USDA) is the federal executive department responsible for developing and executing federal laws related to farming, forestry, rural economic development, and food. It aims to meet the needs of comme ...
(USDA).
Economics
New policies place responsibilities for, and powers over,
wood fuel
Wood fuel (or fuelwood) is a fuel such as firewood, charcoal, Woodchips, chips, sheets, wood pellets, pellets, and sawdust. The particular form used depends upon factors such as source, quantity, quality and application. In many areas, wood is ...
management into the hands of economically interested individuals and the
Forest Service. The Forest Service maintains complete control of all production and management decisions through required approval and through control of the rules by which production and management can take place.
The role of private forestry reaches up to over 80 percent of forest production in some countries. However, in many countries, private forestry has never been significant and, even when land has been privatized, the state has often retained the forests. In much of
Africa
Africa is the world's second-largest and second-most populous continent, after Asia in both cases. At about 30.3 million km2 (11.7 million square miles) including adjacent islands, it covers 6% of Earth's total surface area ...
, individual land ownership is relatively limited so that the closest approach to private forestry is usually
community forestry
Community forestry is an evolving branch of forestry whereby the local community plays a significant role in forest management and land use decision making by themselves in the facilitating support of government as well as change agents. It involv ...
(although
South Africa
South Africa, officially the Republic of South Africa (RSA), is the Southern Africa, southernmost country in Africa. It is bounded to the south by of coastline that stretch along the Atlantic Ocean, South Atlantic and Indian Oceans; to the ...
and
Eswatini, among other countries, have extensive private plantations). More recently, the values of farm forestry and of private capital and management have increased official interest in private forestry.
Illegal forestry activities deprive governments of billions of dollars in tax revenues, as well as cause environmental damage and threaten forests. Forest related corruption and widespread violation of forestry laws undermines the rule of law, discourages legitimate investment, and gives unfair advantages. Money generated from illegal forestry activities has even been used to finance armed conflict.
Concern about the extent to which
illegal logging
Illegal logging is the harvest, transportation, purchase or sale of timber in violation of laws. The harvesting procedure itself may be illegal, including using corruption, corrupt means to gain access to forests; extraction without permission, o ...
has been contributing to forest loss has grown sharply since the 1980s. A very large proportion of the timber entering both national and international markets has been accessed, harvested, transported and traded in contravention of national law in countries such as Bolivia, Brazil, Cambodia, Cameroon, Colombia, Honduras, Indonesia, Nicaragua, Peru, Philippines, and Russia.
The
World Bank
The World Bank is an international financial institution that provides loans and grants to the governments of low- and middle-income countries for the purpose of pursuing capital projects. The World Bank is the collective name for the Inte ...
(2002) estimates that illegal logging results in an annual loss of around US$10–15 billion in developing countries worldwide. Although it is anticipated that better governance, increased rent capture by the state, and improved forest management can all benefit the poor indirectly, the direct impacts of illegal logging and forest law enforcement on rural livelihoods have not been a priority consideration to date.
Livelihood
The ways in which people use and value forests are changing. Growing populations, changing culture, technology, and science are increasing the demand for forest resources. In recent years forest laws around the world have been significantly revised in response to these changes.
However, the lack of information about who really uses forests presents a major problem to forestry policy makers and supportive development agencies that are mandated to adopt a pro-poor approach. Without clear data it becomes all too easy to overlook the interests of lower income individuals when designing policy interventions aimed at improving forest management or asserting forest law.
Some forest laws specifically favor poor rural households and ethnic minorities. Over the last few decades, many governments in
Latin America
Latin America or
* french: Amérique Latine, link=no
* ht, Amerik Latin, link=no
* pt, América Latina, link=no, name=a, sometimes referred to as LatAm is a large cultural region in the Americas where Romance languages — languages derived f ...
recognized indigenous peoples' rights over large territories, but indigenous people often find it difficult to protect those territories from invasion by loggers, miners, and farmers.
According to the World Bank, "more than 1.6 billion people depend to varying degrees on forests for their livelihoods. About 60 million indigenous people are almost wholly dependent on forests. Some 350 million people who live in or adjacent to dense forests depend on them to a high degree for subsistence and income. In developing countries about 1.2 billion people rely on agroforestry farming systems that help to sustain agricultural productivity and generate income."
Schmithüsen et al., advocate for a rights-based approach to forestry management with emphasis upon strengthening human rights networks, improving the independence of the judiciary, promoting legal literacy among rural communities, and providing legal aid; rather than a singular focus on forestry laws. They state a rights-based approach should be linked to governance reform programs aimed at creating public accountability and transparency in the management of natural resources and should be developed through processes of broad engagement with civil society organisations and based on national governments' commitments to reform law.
A large portion of forestry legislation focuses on administrative requirements, fees, taxes, and property rights.
The recognition of traditional-group rights to areas used in common, such as forest or pasture is still lacking, despite governments or colonial powers recognising individual claims, based on custom or usage, to land used for agriculture or housing. according to the World Bank. By treating such land as "empty" during the process of settling rights, governments around the world have vested in the state ownership of vast expanses of forest land.
Enforcement
Law enforcement
Law enforcement is the activity of some members of government who act in an organized manner to enforce the law by discovering, deterring, rehabilitating, or punishing people who violate the rules
Rule or ruling may refer to:
Education ...
is the last resort for obtaining compliance with the law. There are at least three approaches to overcoming the difficulties of proving offenses that have taken place in remote locations. One is to focus enforcement on more visible acts, such as transport. Another, common in civil law, is to make the official report of a sworn official admissible as evidence in further proceedings. This effectively shifts the burden of proof to the defendant. A third device is the use of evidentiary presumptions, which similarly shifts the burden of proof to the defendant.
In many countries the contrast between what forestry law prescribes and practical implementation may vary. Even where the law is strong, illegal behavior by both public and private actors often continues. The United Nations explains illegal behavior due to the lack of financial and human resources to monitor and control forest activities in, forest departments. As these forest activities occur in remote areas, government officials may be under immense pressure to condone violations, or engage in violations themselves; court systems are backlogged or bankrupt; the difficulties of daily life for the rural poor may overwhelm any likely risks associated with violating the law; etc.
These explanations underscore the point that while good forestry legislation is necessary, it is obviously not sufficient. The laws in many countries lie unused or underused for reasons like failure of political will, weak institutions, or even general disregard for the rule of law.
A ''dual approach'' of private as well as public law schemes might possibly become an interesting modern policy mix enhancing enforcement: private law certification schemes might support public regulations (f.i. DDS, ''due diligence systems'', like the EU Timber Regulation).
History and development
Forestry management dates back to customary law codified in the 14th century. In 1992, representatives of 180 countries met in
Rio de Janeiro
Rio de Janeiro ( , , ; literally 'River of January'), or simply Rio, is the capital of the state of the same name, Brazil's third-most populous state, and the second-most populous city in Brazil, after São Paulo. Listed by the GaWC as a ...
to consider, among other things, the adoption of an Agreement on Forestry Principles.
They adopted the Agreement on Forestry Principles, entitled a "Non-legally binding authoritative statement of principles for a global consensus on the management, conservation and sustainable development of all types of forests."
Scientific forestry was based on the precise measurement of the distribution and volume of wood in a given parcel, the systematic felling of trees, and their replacement by standard, carefully aligned rows of mono-cultural plantations that could be harvested at set times.
[
The tendencies that become apparent from recent changes in forest laws and regulations in several European countries show a variety of approaches and may be judged from different point of views. Relevant criteria for analysis on the advancement of legislation are consistency, comprehensiveness, subsidiarity, and applicability.
Consistency requires the compatibility of forest regulations with constitutional values and democratic rules, with national policies addressing land-use, economic development and environmental protection, and with international commitments and multilateral agreements. Comprehensiveness refers to the objectives of forest legislation with regard to forest protection and forestry development, to different types of forest tenures, and to the rights and responsibilities of various categories of forest owners. Subsidiarity relates to the role of forests as national, regional and local resources. It also relates to the double nature of forests as private production means that may be used according to the decisions of land owners and as resources that yield numerous benefits to the community. Subsidiarity indicates to what extent public programs support the activities of land owners.] Applicability refers in particular to the organisational framework of public forest administrations in relation to changing responsibilities and tasks, and to appropriate forms of participation of forest owners and interest groups in regulating forest uses and management practices. Coordination of competencies among public entities is an important aspect in evaluating the applicability of new or amended regulations.
See also
* List of types of formally designated forests
This is a list of types of formally designated forests, as used in various places around the world. It is organized in three sublists: by forest ownership, protection status, and designated use.
By ownership
* Church forests of Ethiopia - pro ...
* Royal forest
A royal forest, occasionally known as a kingswood (), is an area of land with different definitions in England, Wales, Scotland and Ireland. The term ''forest'' in the ordinary modern understanding refers to an area of wooded land; however, the ...
References
{{Authority control
Business law
Law
Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. It has been vario ...
law
Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. It has been vario ...
Environmental law