GENERAL LAW ON SUSTAINABLE FOREST DEVELOPMENT
Last Reform Published DOF March 26, 2015
On the sidelines, a seal with the National Shield, which says: The United Mexican States. -Presidency of the Republic.
VICENTE FOX QUESADA, President of the United Mexican States, to its inhabitants known:
That the Honorable Congress of the Union, has served to address the following
"THE GENERAL CONGRESS OF THE MEXICAN UNITED STATES, D E C R E T A:
THE GENERAL LAW OF SUSTAINABLE FOREST DEVELOPMENT IS EXPECTED AND THE GENERAL LAW OF ECOLOGICAL BALANCE AND PROTECTION OF THE ENVIRONMENT, THE ORGANIC LAW OF FEDERAL PUBLIC ADMINISTRATION AND THE LAW OF AWARDS, INCENTIVES AND CIVIL REWARDS.
ARTICLE FIRST. The General Sustainable Forest Development Lawis issued:
Of The Object and Law Enforcement
ARTICLE 1. This Law is a regulation of Article 27 of the Political Constitution of the United Mexican States, its provisions are of order and interest public and of general observance throughout the national territory, and has as its object to regulate and promote the conservation, protection, restoration, production, management, cultivation, management and exploitation of the forest ecosystems of the country and its resources, as well as the distribution of competences in forestry correspond to the Federation, the States, the Federal District and the Municipalities, under the principle of concurrency provided for in Article 73, paragraph XXIX, paragraph G of the Political Constitution of the United Mexican States, in order to promote the sustainable forest development. In the case of forest resources belonging to indigenous peoples and communities, the provisions of Article 2 of the Political Constitution of the United Mexican States shall be observed.
ARTICLE 2. Are general objectives of this Act:
I. Contribute to the social, economic, ecological and environmental development of the country, through the sustainable management of forest resources, as well as River basins and forest-forestry ecosystems, without prejudice to other arrangements;
II. Promoting forestry and the use of forest resources to contribute to goods and services that ensure the improvement of the level of Life of Mexicans, especially those of forest owners and residents;
III. Develop environmental goods and services and protect, maintain, and increase the biodiversity that forest resources provide;
IV. Promote the organization, operational capacity, integrality and professionalization of the public institutions of the Federation, States, Federal District and Municipalities, for sustainable forest development, and
V. Respect the right to the use and preferential enjoyment of the forest resources of the places that indigenous communities occupy and inhabit, in the terms of the Article 2 section VI of the Political Constitution of the United Mexican States and other applicable regulations.
ARTICLE 3. These are specific objectives of this Act:
I. Define forest policy criteria, describing their application and assessment instruments;
II. Regular protection, conservation and restoration of ecosystems, forest resources and their environmental services; and management and management forest;
III. Develop criteria and indicators for sustainable forest management;
IV. Strengthen the contribution of forest activity to environmental conservation and ecological balance preservation;
V. To strengthen and expand the participation of forest production in national economic growth;
VI. Promote effective incorporation of forest activity into rural development;
VII. To assist in the management and rehabilitation of forest hydrological basins;
VIII. To recover and develop forests in preferentially forested lands, to fulfill the function of conserving soils and waters, as well as to energize the rural development;
IX. Strengthen and improve forest technical services;
X. Regular use and use of timber and non-timber forest resources;
XI. Promote and consolidate the permanent forest areas, promoting their delimitation and sustainable management, preventing the change of land use for purposes Agricultural or other types of farming affect their permanence and potentiality;
XII. Compatibility of grazing and agricultural activities on forest and preferentially forest land;
XIII. Regular forest preventive technical audits;
XIV. Stimulating forest and environmental goods and services certifications, taking into consideration the relevant international guidelines;
XV. Regular prevention, combat and control of forest fires, as well as forest pests and diseases;
XVI. Promote and regulate forstations for commercial purposes;
XVII. Regular transportation, storage and processing of forest raw materials, as well as surveillance of these activities;
XVIII. Promote forest products from sustainably managed forests through forest certification;
XIX. Fostering productivity across the forest chain;
XX. Support the organization and development of forest owners and improve their forestry practices;
XXI. Regular promoting activities that protect the biodiversity of productive forests through more sustainable forestry practices;
XXII. Promote actions for soil conservation and restoration purposes;
XXIII. Contributing to the socio-economic development of indigenous peoples and communities, as well as ejidatarios, communeros, cooperatives, small owners and others Forest resource holders;
XXIV. Promote training for sustainable management of forest resources;
XXV. Develop and strengthen institutional capacity in a scheme of decentralization, deconcentration and social participation;
XXVI. Promote the single window of efficient institutional care for forest users;
XXVII. To establish coordination, cooperation and cooperation mechanisms for forest sector institutions, as well as with other related bodies;
XXVIII. Improving the effectiveness of the comprehensive forest system at national, regional, state and municipal levels;
XIX. Ensuring the participation of society, including indigenous peoples and communities, in the implementation, evaluation and monitoring of policy forest;
XXX. Promote economic instruments to encourage forest development;
XXXI. Drive the development of the social and forestry enterprise in indigenous peoples and communities, and
XXXII. Promote culture, education, training, research and forestry technological development.
ARTICLE 4. Public utility is declared:
I. The conservation, protection and restoration of forest ecosystems and their elements, as well as hydrological and forest basins, and
II. The execution of works for the conservation, protection and/or generation of environmental goods and services.
ARTICLE 5. The ownership of forest resources within the national territory corresponds to the ejidos, communities, peoples and communities. indigenous, natural or moral persons, the Federation, the States, the Federal District and the Municipalities that own the land where they are located. The procedures laid down by this Law shall not alter the ownership of such land.
ARTICLE 6. As not provided for in this Law, the provisions of the General Law of Ecological Balance will be applied in an extra and in the way. Protection of the Environment.
Of the Terminology used in this Law
ARTICLE 7. For the purposes of this Law:
I. Forest use: The extraction carried out in the terms of this Law, of the forest resources of the environment in which they are located, including the timber and non-timber;
II. Areas of Forest Protection: Comprises forest or forest spaces adjacent to the federal zone and the influence of births, currents, courses and bodies of water, or the belt of immediate terrain to the bodies of private property, in the the extent to which the authority establishes in each case, in accordance with the regulation of this Law;
III. Permanent Forest Areas: Common land lands that the ejidal or communal assembly dedicates exclusively to sustainable forest activity;
IV. Preventive Technical Audit: The assessment carried out by authorized personnel to promote and induce compliance with the requirements of the management programs, technical studies and other acts provided for in the Law and other applicable legal provisions for forest harvesting;
V. Land use change on forest land: The total or partial removal of vegetation from forest land for non-forest activities;
VI. Storage Center: Place where forest raw materials are temporarily deposited for conservation and subsequent shipment;
VII. Transformation Center: Industrial or artisanal, fixed or mobile installation, where by physical, mechanical or chemical processes products derived from forest raw materials are made;
VIII. Commission: The National Forestry Commission;
IX. Tip: The National Forest Council;
X. Forest conservation: The maintenance of the conditions conducive to the persistence and evolution of a natural or induced forest ecosystem, without degradation or loss of its functions;
XI. Hydrological-forest basin: The physical space unit of planning and development, which comprises the territory where the forest ecosystems are located and where water flows through various channels and converges into a common channel, constituting the the basic component of the forest region, which in turn is divided into sub-basins and micro-basins;
XII. Deforestation: Loss of forest vegetation, from induced or natural causes, to any other condition;
XIII. Degradation: Process of decreasing the capacity of forest ecosystems to provide environmental services, as well as productive capacity;
XIV. Forest Ecosystem: The basic functional unit of interaction of forest resources with each other and with the environment, in a given space and time;
XV. Social Forestry Company: Productive organization of communities or ejidos with permanent forest areas and under forest management program, for production, diversification and transformation with agricultural and business capacity;
XVI. Fund: The Mexican Forestry Fund;
XVII. Afforestation: The establishment and development of forest vegetation on land preferably forestry or temporary forestry for conservation, restoration or commercial production purposes;
XVIII. Forest management: The process that comprises the set of actions and procedures that have as their object the sorting, cultivation, protection, conservation, restoration and exploitation of the environmental resources and services of a forest ecosystem, considering the ecological principles, respecting the functional integrality and interdependence of resources and without the capacity to production of the existing ecosystems and resources in the same;
XIX. Forest raw materials: The products of the use of forest resources that have not undergone processing until the second degree;
XX. Forest management: The economic organization of a forest area taking into account its silvicultural characteristics, which implies the spatial and temporal division of forest management activities;
XXI. Commercial forest planting: The establishment, cultivation and management of forest vegetation in temporarily forest or preferentially forested areas, the main objective of which is the production of forest raw materials for their use. industrialisation and/or marketing;
XXII. Timber forest product: The good obtained from the result of a process of processing of timber raw materials, with another name, new features and a different end use;
XXIII. Forest Management Program: The technical planning and monitoring instrument that describes sustainable forest management actions and procedures;
XXIV. Commercial forest planting management program: The technical planning and monitoring instrument that describes forest management actions and procedures related to commercial forest planting;
XXV. Associated Resources: Wild animal and plant species, as well as water, which coexist in relation to interdependency with forest resources;
XXVI. Forest biological resources: Comprises species and varieties of plants, animals and micro-organisms of forest ecosystems and their biodiversity, and in particular those of scientific, biotechnological or commercial interest;
XXVII. Forest resources: The vegetation of forest ecosystems, their services, products and waste, as well as forest and preferentially forest soils;
XXVIII. Timber forest resources: Those consisting of woody vegetation susceptible to use or use;
XXIX. Non-timber forest resources: The non-woody part of the vegetation of a forest ecosystem, and are susceptible to use or use, including lichens, mosses, fungi and resins, as well as soils of forest land and preferably foresters;
XXX. Forest genetic resources: Seeds and organs of forest vegetation that exist in the different ecosystems and from which the hereditary factors and reproduction depend and which receive the generic name of forest germplasm;
XXXI. Reforestation: Establishment of forest vegetation induced in forest land;
XXXII. Registration: The National Forest Register;
XXXIII. Regulation: The Regulation of this Law;
XXXIV. Sustained Performance: Production that can generate a forest area in a persistent manner, without any loss of productive capacity;
XXXV. Forest restoration: The set of activities aimed at the rehabilitation of a degraded forest ecosystem, in order to partially or completely recover the original functions of the forest ecosystem and to maintain the conditions conducive to its persistence and evolution;
XXXVI. Forest Sanitation: Technical actions to combat and control forest pests and diseases;
XXXVII. Forest Health: Guidelines, measures and restrictions for the detection, control and combat of forest pests and diseases;
XXXVIII. Secretariat: The Secretariat for Environment and Natural Resources;
XXXIX. Environmental Services: Those that provide forest ecosystems in a natural way or through sustainable management of forest resources, such as: the provision of water in quality and quantity; the capture of carbon, pollutants, and natural components; generation of oxygen; dampening of the impact of natural phenomena; climate modulation or regulation; protection of biodiversity, ecosystems and life forms; protection and recovery of soils; landscape and recreation, among others;
XL. Forestry technical services: The activities carried out for the planning and implementation of forestry, forest management and advisory and training to owners or holders of forest resources for their management;
XLI. Forestry: The theory and practice of controlling the establishment, composition, constitution, growth and development of forest ecosystems for the continuous production of goods and services;
XLII. Forest land: The forest area covered by forest vegetation;
XLIII. Preferably forest land: The one who has been, at present, is not covered by forest vegetation, but due to its conditions of climate, soil and topography it is more suitable for forest use than for other uses alternatives, excluding those already urbanized;
XLIV. Temporary forestry: Agricultural areas that are temporarily dedicated to forest cultivation through commercial forest plantations. Consideration of temporary forest land shall be maintained for a period of time not less than the shift of planting;
XLV. Shift: Period of regeneration of forest resources from their extraction to the moment when they are susceptible to new use;
XLVI. Forest Management Unit: Territory whose physical, environmental, social and economic conditions have a certain similarity for the purposes of management, sustainable forest management and conservation of resources;
XLVII. Domestic use: The use, without commercial purposes, of the forest resources extracted from the natural environment in which they are located, for ritual uses or to satisfy the needs of heat energy, housing, farm tools and other uses to meet their basic needs in rural areas;
XLVIII. Forest vegetation: The set of plants and fungi that grow and develop naturally, forming forests, jungles, arid and semi-arid areas, and other ecosystems, giving rise to the development and balanced coexistence of other resources and natural processes;
XLIX. Exotic vegetation: A set of tree plants, bushings or crassas that are alien to natural ecosystems;
L. One-stop shop: The administrative system that brings together the largest number of agencies and entities in the public forestry sector, both federal, state and municipal, for the integral care of the various users of the sector;
LI. Inspection Visit: The monitoring performed by authorized personnel to verify that the utilization, handling, transportation, storage, and processing of forest resources, in accordance with the Law and other applicable legal provisions;
LII. Forest nursery: Site that has a set of facilities, equipment, tools and inputs, in which appropriate techniques are applied for the production of forest seedlings with size and appropriate quality according to the species, for their planting in a permanent location.
OF THE FOREST PUBLIC SECTOR ORGANIZATION AND ADMINISTRATION
From The National Forest Service
ARTICLE 8. The Federation, the Federative Entities and the Municipalities will establish the coordination bases for the integration and operation of the Service National Forest, which has as its object the combination of efforts, instances, instruments, policies, services and institutional actions for the efficient and concerted attention of the forestry sector.
The object of the National Forest Service will be complied with strict adherence to the constitutional or legal provisions that regulate the privileges and powers of the the authorities that integrate it, so coordination will be carried out through general and specific conventions.
ARTICLE 9. The National Forest Service will conform to:
I. The Secretary of the Secretariat, who will chair it;
II. The Secretary of National Defense;
III. The Secretary of Agriculture, Livestock, Rural Development, Fisheries and Food;
IV. The Governors of the Federal Entities and the Head of Government of the Federal District;
V. The Commission Holder;
VI. The Holder of the Federal Office of Environmental Protection, and
VII. The holders of the dependencies or entities that are responsible for the various activities or matters related to the forestry sector.
For the attention and coordination of the various sectors of the forest sector, the National Forest Service will have at least the following working groups:
a. Forest inspection and surveillance;
b. Protection and forest fires;
c. Administrative management and forest decentralization;
d. Information systems, and
e. Trade and economic promotion.
The National Forest Service Regulation will establish its integration and operation, as well as that of the working groups.
ARTICLE 10. The human, financial and material resources that are required for the fulfillment of the object of the National Forest Service will remain under the absolute the legal and administrative responsibility of the parties involved or, where appropriate, of the individuals with whom consultation mechanisms are established. In any event, the voluntary contribution of such resources shall not entail the transfer of such resources.
From the Distribution of Skills in Forest Matter
ARTICLE 11. The Federation, the States, the Federal District and the Municipalities shall exercise their powers in forest matters in accordance with the distribution of powers provided for in this Law and other legal systems.
Of The Federations of the Federation
ARTICLE 12. They are federation attributions:
I. Formulate and conduct national policy on sustainable forest development;
II. Design, organize and implement the forest policy instruments provided for in this Law, ensuring proper coordination between the Federation, the Federal entities and municipalities within the framework of the National Forest Service;
III. Elaborate, coordinate and implement the programs covered by this Law in the field of forestry, at national and regional levels, for both a six-year projection, and as longer term;
IV. Apply and promote, in coordination with the federative entities and the municipalities, the establishment of systems and one-stop schemes for the attention efficient of the various users;
V. Perform the National Forest and Soil Inventory and determine the criteria and indicators for the development, design and updating of inventories for entities and municipalities;
VI. Carry out the country's forest zoning;
VII. Design, organize, and administer the National Forest Registry;
VIII. Issue standards for reforestation in conservation and restoration areas and monitor their compliance;
IX. Develop and issue official Mexican forest standards and monitor their compliance;
X. Develop and adopt methodologies, taking into consideration, where appropriate, international parameters, for the assessment of environmental goods and services;
XI. Establishing the bases and instruments to promote a market for environmental goods and services, as well as to promote compensation for goods and services environmental protection of forest ecosystems;
XII. Generate mechanisms to encourage the direct participation of forest owners and owners in the protection, surveillance, management, the use, cultivation, processing and marketing thereof;
XIII. To conclude agreements on coordination, cooperation and cooperation in national and international forestry;
XIV. Design, develop, apply and promote, in coordination with the competent federal agencies and agencies, the economic instruments to promote the forest development;
XV. Promote the Mexican Forest Fund;
XVI. Coordinate forest fire prevention and combat actions, as well as develop and implement the National Forest Fire Prevention Program, with the participation that corresponds to the States, Federal District, Municipalities and the National System of Civil Protection;
XVII. Deslindar, own and manage national forest land;
XVIII. Establish health measures and execute forest sanitation actions;
XIX. Promote the use of practices, methods and technologies that lead to sustainable forest management;
XX. Promote the development and strengthening of forest producer organizations;
XXI. Promote and invest in improving infrastructure in forest regions;
XXII. To assist with the agents of the forest productive chains in coordination in the defense of the forestry sector in the field of international trade, the promotion of exports and improvement of the internal market;
XXIII. Carry out inspection visits and forest surveillance tasks;
XXIV. Develop the preventive technical audits referred to in this Law;
XXV. Regular, issue and validate the accreditation of the legal origin of forest raw materials and timber products, and monitor and promote, in the field of their competence, compliance with this Law;
XXVI. Impose security measures and penalties for violations committed in forestry;
XXVII. Participate in comprehensive prevention and combat programs for clandestine logging and extraction along with the governments of the federal entities and the municipalities, within the framework of the National Forest Service;
XXVIII. Define and apply soil use regulations on forest and preferentially forest land;
XXIX. Exorder, by exception, land use change authorizations for forest land, as well as control and monitor forest land use;
XXX. Develop studies to, if appropriate, recommend to the Federal Executive the establishment, modification or lifting of forest vedas;
XXXI. Exorder authorizations for the use of forest resources and commercial forest plantations, as well as marking;
XXXII. Receive commercial forest plantation and non-timber resource utilization notices;
XXXIII. Regular, control and evaluate the provision of forest technical services;
XXXIV. Regular transportation of forest raw materials, as well as forest products and byproducts;
XXXV. Exorder warnings and permissions as appropriate for combat and control of forest pests and diseases, as well as certificates and other documentation phytosanitary for the export and import of forest resources;
XXXVI. Exorder prior permits for the operation of storage and processing centers of forest raw materials, without prejudice to attributes that correspond to the local authorities, and
XXXVII. The others that this Act and other applicable ordinances confer on you.
From the Powers of States and the Federal District
ARTICLE 13. It is for the federal entities, in accordance with the provisions of this Law and the Local Laws in the matter, the following attributions:
I. Design, formulate, and apply, in accordance with national forest policy, forest policy in federal entities;
II. Apply the forest policy criteria provided for in this Law and local laws in the field;
III. Support for the adoption and consolidation of the National Forest Service;
IV. Elaborate, coordinate and implement programs related to the forest sector of the entity, with a six-year projection and longer-term vision, linking them with national and regional programmes, as well as their respective State Development Plan;
V. Participate in the development of regional long-term, inter-state or hydrological-forestry watersheds;
VI. To push within the scope of your jurisdiction the establishment of single-window systems and schemes for the efficient attention of users of the sector, with the participation of the Federation and the Municipalities;
VII. Develop, monitor and maintain the State Forest and Soil Inventory, under the principles, criteria and guidelines to be established for the National Forest and Soil Inventory;
VIII. Integrate the State Forest Information System and incorporate its content into the National Forest Information System;
IX. Compile and process information on domestic use of forest resources and incorporate it into the State Forest Information System;
X. Promote the environmental goods and services of forest ecosystems;
XI. To encourage the direct participation of forest owners and owners in the protection, conservation, restoration, surveillance, management, use, cultivation, processing and marketing of these;
XII. Promote, in coordination with the Federation, programs and projects of education, training, research and forestry culture, in accordance with the national program respective;
XIII. To celebrate agreements and agreements on coordination, cooperation and cooperation in forestry matters;
XIV. Regular use of fire in activities related to agricultural or other activities that could affect forest ecosystems;
XV. Carry out forest fire prevention, training, and combat actions, in accordance with the respective national program;
XVI. Promote and participate in the restoration of forest ecosystems affected by fire;
XVII. Drive Forest Genetic Improvement Programs;
XVIII. Perform and supervise the conservation, protection and restoration of forest state land;
XIX. Develop and implement reforestation and afforestation programs in degraded areas that do not fall within the competence of the Federation, as well as carry out protection and maintenance of reforested or forested areas;
XX. Carry out, in coordination with the Federation, actions to improve forest ecosystems within their territorial scope of competence;
XXI. To provide advice and training on practices and methods that lead to sustainable forest management;
XXII. Advising and empowering forest owners and owners in the development and implementation of forest management programs and forest plantations (i) trade, as well as in the diversification of forestry activities;
XXIII. Advising and orienting ejidatarios, comuneros, small owners, indigenous communities and other forest producers in the development of their organization, as well as in the creation of forestry social enterprises, fostering the integration of productive chains and the product-systems of the sector;
XXIV. To provide attention, in a coordinated way with the Federation and the municipalities, to issues related to the conservation and improvement of natural habitat indigenous peoples and communities;
XXV. Design, develop and implement economic instruments to promote the forest development of the entity, in accordance with this Law and national policy forest;
XXVI. Promote and invest in improving infrastructure in the forest areas of the entity;
XXVII. Strengthen and expand forest production participation in state economic growth;
XXVIII. Participate in accordance with the agreements and conventions to be concluded with the Federation, on forest inspection and surveillance on the entity, as well as on actions to prevent and combat illegal extraction and illegal logging of forest resources;
XXIX. Making the knowledge of the competent authorities, and in their case, reporting, violations or crimes committed in forestry;
XXX. Develop studies to, if appropriate, recommend to the Federal Executive through the Secretariat, the establishment, modification or lifting of vedas;
XXXI. Develop studies to recommend to the Federation the establishment of restrictions on afforestation and reforestation in its territory, and
XXXII. The attention of the other issues that are granted to them in sustainable forest development by this Law or other ordinances, and which are not expressly awarded to the Federation or the Municipalities.
ARTICLE 14. The Congresses of the States, according to their respective Constitutions and the Legislative Assembly of the Federal District, according to their Statute of Government shall issue any legal provisions necessary to regulate the matters of its jurisdiction provided for in this Law.
From the Powers of the Municipalities
ARTICLE 15. Corresponding to the Governments of the Municipalities, in accordance with this Law and the local laws in the matter, the following attributions:
I. Design, formulate and apply, in accordance with national and state policy, the forest policy of the municipality;
II. Apply the forest policy criteria provided for in this Law and in the local laws in goods and areas of municipal jurisdiction, in matters that are not expressly reserved for the Federation or States;
III. Support the Federation and the Government of the Entity, in the adoption and consolidation of the National Forest Service;
IV. Participate in the scope of its attributions, in the establishment of systems and single-window schemes of efficient care for users of the sector;
V. Develop, monitor and maintain the Municipal Forest and Soil Inventory, under the principles, criteria and guidelines to be established for the State Forestry and Soil Inventory and incorporate its content into the State Forest Information System;
VI. Participate, in coordination with the Federation in forest zoning, understanding the permanent forest areas of its territorial scope;
VII. Promote education, training, research and forestry programs and projects;
VIII. To conclude agreements and agreements on coordination, cooperation and cooperation in forestry matters;
IX. Exorder, prior to installation, the licenses or permits for the establishment of storage or processing centers of forest raw materials in the scope of its competence, considering the forest policy criteria set out in this Law;
X. Design, develop and apply incentives to promote forest development, in accordance with this Law and the country's forest policy guidelines;
XI. Participate in and contribute to forest fire prevention and combat actions in coordination with federal and state governments, and participate in the attention, in general, to forest emergencies and contingencies, in accordance with civil protection programmes;
XII. Participate in the planning and implementation of reforestation, afforestation, soil restoration and conservation of forest environmental goods and services, within its territorial scope of competence;
XIII. Develop and support nursery and plant production programs;
XIV. Carry out, in coordination with the Government of the Entity, sanitation actions in forest ecosystems within its field of competence;
XV. Promote the construction and maintenance of infrastructure in the forest areas of the municipality;
XVI. Promote the participation of public, private and non-governmental organizations in projects of direct support for sustainable forest development;
XVII. To participate, in accordance with the agreements and conventions to be concluded with the Federal and Federal Governments, on forest surveillance in the municipality;
XVIII. Making knowledge of the competent authorities, and in their case reporting, the offences or offences committed in forestry matters;
XIX. Participate and contribute in the comprehensive prevention and combat programs to illegal extraction and illegal logging with the Federation and the government of the entity;
XX. Regular and monitor the final disposal of residues resulting from the extraction of forest raw materials in the terms set out in this Law, and
XXI. The attention of other issues on sustainable forest development to be granted to them by this Law or other ordinances.
From The Federal Forest Public Sector
From the Powers of the Secretariat of the Environment and Natural Resources in Forestry
ARTICLE 16. The Secretariat shall exercise the following privileges:
I. Formulate and conduct the national policy of sustainable forest development and ensure its congruence with national environmental and natural resources policy, as well as those related to rural development;
II. Design the forest policy instruments provided for in this Law and operate those that correspond to their competence;
III. Develop the National Strategic Forest Program, with the participation of the Commission in the areas of its competence;
IV. Driving the National Forest Service, as an instrument for the integration of public agencies and agencies linked to the sector's attention forest;
V. Design and define in the field of your competence, economic incentives and incentives in forestry and the guidelines for your application and evaluation;
VI. Regular Establish, integrate, operate and maintain updated the National Forest Register, as well as issue the registration certificates provided for in the applicable legal provisions;
VII. Take the record and care for the conservation of the country's historic and remarkable trees;
VIII. Issue, Mexican official forest standards and monitor compliance;
IX. Set the guidelines for making and integrating the National Forest Information System;
X. Regular integration, monitoring and updating of the National Forest and Soil Inventory and coordinate the design of the National Forest and Soil Inventory;
XI. Set the criteria, methodology, and procedures for zoning integration, organization, and updating;
XII. Define methodologies for the assessment of environmental goods and services of forest ecosystems;
XIII. Define instruments to promote a market for environmental goods and services;
XIV. Define compensation mechanisms for environmental goods and services that forest ecosystems provide;
XV. Deslindar, own, and manage national forest land;
XVI. Set forest health measures;
XVII. Carry out forest inspection and surveillance;
XVIII. Promote the participation and coordination of the competent authorities, owners, owners and inhabitants of the forest areas, such as the Carriers, traders and industrialisers of forest raw materials, in the field of surveillance;
XIX. Develop studies to recommend to the Federal Executive, where appropriate, the establishment, modification or lifting of forest closures;
XX. Exorder, by exception, land use change authorizations for forest land;
XXI. Impose security measures and sanction violations that are committed in forest matters, as well as making knowledge and in their case denounce offences in that matter to the competent authorities;
XXII. Grant, extend, modify, revoke, suspend, or cancel all permissions, authorizations, certificates, and licenses, as well as receive the commercial forest plantations and for the use of non-timber forest resources;
XXIII. Exercise all acts of authority relating to the implementation of the policy of sustainable use, conservation, protection of the forest and soil resources, which this law provides for;
XXIV. Regular, issue and validate the documentation with which the legal provenance of the raw materials and forest products is credited;
XXV. Regular transport of raw materials and forest byproducts;
XXVI. Exorder certificates and other phytosanitary documentation for the export and import of raw materials and forest products;
XXVII. Intervening in international forums regarding matters of competence of the Secretariat with the participation that corresponds to the Secretariat of Relations External and propose to this the conclusion of treaties and international agreements in such matters, and
XXVIII. The others who trust this Act, the Regulations, and other legal provisions.
From the National Forestry Commission
ARTICLE 17. The National Forestry Commission is a decentralized public body of the Federal Public Administration, with its own legal personality and its own heritage. The sectoral coordination of the Commission is the responsibility of the Secretariat, in accordance with the applicable legal provisions.
The aim of the Commission will be to develop, promote and promote the production, protection, conservation and restoration activities in the forestry sector, which This Law is declared as a priority area of development, as well as participating in the formulation of plans and programs and in the implementation of sustainable forest development policy and its instruments.
ARTICLE 18. The Commission will have its registered office in the metropolitan area of Guadalajara, Jalisco, and may establish regional delegations or management, state, as well as overseas representations that are necessary to meet their object in accordance with their budgetary requirements and availability.
ARTICLE 19. The Commission's heritage will be integrated by:
I. The movable and immovable property, as well as the rights and obligations transmitted to it by the Federation, the Federative Entities, the municipalities or any other public entity;
II. Donations, inheritances, legacies, and contributions that grant individuals or any public or private, national or international institution;
III. acquisitions, credits, loans, and technical cooperation in numerary or in kind, which it obtains from any dependency or public entity, institution private or national or international bodies, in accordance with applicable legal provisions;
IV. The actions, rights, or products that are acquired by any title;
V. The resources that are allocated to you annually in accordance with the Federation Budget of the corresponding Federation, and
VI. The revenue you obtain by:
a) The subsidies that the Federal Governments, the Federative Entities, and Municipal Governments grant or allocate to them;
b) Funds to be obtained for financing specific programs;
c) The revenue you get from the services you provide and the activities that you perform;
d) The resources that are obtained by the marketing of their literary works, rights, and others that correspond, and
e) Other assets, rights, and benefits to be set by the Laws and Regulations or which come from other funds or contributions.
ARTICLE 20. The Commission will have a Governing Board as the governing body, which will be the highest authority of the body and will be composed of the holders of the Secretariats of National Defense; Finance and Public Credit; Social Development; Environment and Natural Resources; Economy; Agriculture, Livestock, Rural Development, Fisheries and Food; Agrarian, Territorial and Urban Development; and Tourism, as well as the National Water Commission.
The holders referred to in the preceding paragraph shall appoint an alternate who shall have at least the position of Director General or equivalent. The Board shall be chaired by the Secretary or the alternate.
Alternate appointments may be updated at the time the appropriate holder deems it necessary.
Members of the Governing Board shall have their voice and vote at the meetings of the Governing Board; when appointing alternates, they shall consider the other obligations of the Board of Governors. they are required to comply with their duties, in order to have the necessary availability to attend to the care and opportunity of the issues inherent in their supply.
ARTICLE 21. The Commission shall be in charge of a Director General, who shall be appointed by the Federal Executive, and such appointment shall be made in person who meets the requirements of the Federal Law of State Parahold Entities.
The Director-General shall legally represent the Commission in the performance of its object, shall be assigned the administrative units of the Commission, shall administer its goods, shall issue its manuals, deal with the competent authorities with the exercise of the approved budget, delegate powers to the field of its competence and shall have the other powers conferred on it by the laws or regulations, as the Organic Statute of the Commission.
The Organic Statute of the Commission shall determine the basis of the organisation, as well as the powers and functions corresponding to the administrative units which it comprises the body.
ARTICLE 22. The Commission shall be responsible for the execution of the powers conferred upon it by this Law, as well as all those necessary for it to be comply with its object.
For this purpose, the Commission shall exercise the following powers:
I. Participate in the formulation and implementation of national sustainable forest development policy;
II. Organize and implement the forest policy instruments provided for in this Law;
III. Participate in the development of the strategic forest program with long-term vision;
IV. Design, instrument and operate in the field of your competence, stimuli, incentives and economic instruments in forestry;
V. Coassist with the Secretariat in the adoption and strengthening of the National Forest Service;
VI. Integrate, monitor and maintain updated National Forest and Soil Inventory as well as participate in the design of the National Forest and Soil Inventory;
VII. Develop, integrate, organize, and maintain up-to-date forest and forest land zoning, based on management ecological territory and the criteria, methodology and procedures to be established by the Secretariat for this purpose;
VIII. Develop and integrate, under the guidelines determined by the Secretariat, the National Forest Information System to incorporate it into the National System of Environmental and Natural Resources Information, and the statistical and geographic information and documentary information systems;
IX. Participate in the elaboration of Mexican official standards regarding forestry activities and their monitoring and compliance;
X. Propose the assessment of forest ecosystem environmental goods and services, in accordance with the methodologies defined by the Secretariat;
XI. Coassist in the definition and promotion of markets for environmental goods and services;
XII. Participate in the definition of compensation mechanisms for environmental goods and services provided by forest ecosystems;
XIII. Coordinate with the dependencies or entities of the Federation, States, Federal District and Municipalities, so that sustainable forest development obeys to integrative policies and criteria, for which you can subscribe to the agreements and conventions that are necessary;
XIV. Promote sustainable forest development and associated resources to affect the improvement of the quality of life of the owners or Holders of forest land or preferably forest land and their communities;
XV. Support the execution of environmental goods and services programs that generate forest resources;
XVI. To execute and promote productive, restoration, protection, conservation and sustainable use of forest and forest ecosystems soils in forest or preferentially forested areas;
XVII. Encourage and favor the forest production chain and its associated resources, promoting diversified and integrated forest activities, as well as export of processed and semi-processed forest products;
XVIII. Coordinate with state and municipal authorities, programs and actions that contribute to indigenous peoples and communities in conservation and improving their place of residence and preserving the integrity of their lands, promoting the sustainable development of their lands, based on educational programs of forest content;
XIX. To encourage the direct participation of owners and holders of forest resources in the protection, surveillance, management, exploitation, cultivation, processing and marketing of the same;
XX. Constituted in liaison with other dependencies and entities of the Federal Public Administration and with the governments of the federal and the municipalities, for the implementation of forest fire prevention and combat programmes;
XXI. Provide advice and training to indigenous peoples and communities, so that indigenous peoples and communities can organize for forest production and use in the terms provided for by this law and in accordance with its uses and customs where appropriate;
XXII. Run and promote productive, restoration, conservation and sustainable use of soils and their ecosystems;
XXIII. Promote, advise, train and evaluate the provision of forestry technical services;
XXIV. Conduct research and technological development and culture, training and education in forestry as well as formulate and coordinate the Forestry research and technological development policy;
XXV. Design and execute programs for prevention, protection, conservation, and restoration of forest resources and soils;
XXVI. Develop the preventive technical audits referred to in this Law;
XXVII. To assist with the agents of the forest productive chains in the defense of the field in the field of international trade, the promotion of exports and the improvement of the internal market;
XXVIII. Carry out dissemination campaigns on sustainable forest development;
XXIX. Design, propose, develop, evaluate and follow up on cooperation and financing policies and strategies;
XXX. To direct, promote and coordinate the institutional programs of commercial forest plantations and forest development;
XXXI. To participate, in the field of its competence, in the policy of management and sustainable use of wildlife living in forest areas or preferably forestry, as well as the sustainable use of forest resources and their associated resources;
XXXII. Propose and evaluate systems and procedures relating to the provision of technical forest services, as well as instrument, operate and carry the monitoring of the same;
XXXIII. Intervene in forums and mechanisms of cooperation and financing on the issues of your competence;
XXXIV. Protect and conserve forest genetic resources;
XXXV. Formulate, coordinate and evaluate forest sanitation programs and actions, as well as diagnose, prevent, combat, and control pests and diseases foresters;
XXXVI. Boosting and transferring functions and resources to governments of states and municipalities in forestry;
XXXVII. Promote the Civil Career Service;
XXXVIII. Drive the use of information technology in the paperwork to your charge, and
XXXIX. The others that point to this Law, the Regulation, and other applicable legal provisions.
Of Forest Development Promoters
ARTICLE 23. The forestry public sector shall promote forestry development promoters, which may be established as an integral part of the Rural Development Districts or other structures already established in the federal entities.
Their tasks will include the dissemination of forestry development policies and institutional support for the sector; (a) to promote the active participation of the forestry sector in institutional and sectoral actions; to seek the opportunity in the attention of owners, holders and holders of authorizations to Forest exploitation; and fulfilling the responsibilities that are being given to them to bring the public action closer to the rural forest area.
From Institutional Coordination
ARTICLE 24. The Federation, through the Secretariat and the Commission, may conclude agreements or coordination agreements with the object of the governments of the Federal District or of the States, with the participation, if any, of municipalities, in the field territorial of your competence assume the following functions:
I. To boost inter-institutional linkage within the framework of the National Forest Service and single-window systems and schemes for efficient care of the industry users;
II. Schedule and operate forest fire prevention, detection and combat tasks in the entity, as well as pest and disease control;
III. Forest inspection and surveillance;
IV. Impose security measures and penalties for violations committed in forestry;
V. Require accreditation of the legal provenance of forest raw materials;
VI. Grant permissions and advisories for combat and control of pests and diseases;
VII. Receive the warnings for the use of timber, non-timber forest resources, afforestation, and commercial forest plantations;
VIII. Authorize land use change from forest use grounds;
IX. Authorizing the use of timber and non-timber forest resources and commercial forest plantations;
X. Dictate, authorize and evaluate forest management programs, as well as evaluate and assist forest technical services, or
XI. Evaluate the environmental impact of forest works or activities referred to in Article 28 of the General Law of Ecological Balance and Protection of the Environment.
ARTICLE 25. In the conclusion of agreements or coordination agreements, it will be taken into consideration that the governments of the States, the Federal District and the municipalities where appropriate, have the necessary means, trained personnel, material and financial resources, as well as the specific institutional structure for the development of the functions they request to assume.
Likewise, agreements and agreements must be adjusted, in the way, to the bases provided for in the General Laws of Ecological Balance and Protection of the Environment; and the Law of Planning; and will be based on the principles of congruence of the National Forest Service.
ARTICLE 26. It is expected that in the monitoring and evaluation of the results obtained by the implementation of the agreements and agreements referred to in this Chapter, the corresponding State Forestry Council is involved.
The Secretariat, and the Commission by agreement of the Secretariat, will monitor and evaluate the fulfilment of the commitments made in the instruments referred to in this Agreement. chapter.
ARTICLE 27. According to the provisions of the Organic Law of the Federal Public Administration, the Secretariat of Agriculture, Livestock, Rural Development, Fisheries and Food shall be coordinated with the Secretariat and with the participation of the Commission, where appropriate, for the fulfilment of the objectives of the National Forest Service provided for in this Law and, in particular, in the following aspects:
I. In the promotion of agro-silvo-pastoriles research, in the conservation of forests and in the promotion of reforestations and plantations agro-forests;
II. Participate in the Intersecretarial Commission and related specialized systems and services established in the Sustainable Rural Development Act;
III. Link to Rural Development Districts with Forest Development Promotes, in the attention of forest owners and owners;
IV. Regarding the establishment of systems and single-window schemes of efficient attention to forest users;
V. Stabilizing the agricultural frontier and increasing the productivity of the agricultural component of the wooded areas and the areas adjacent to the forests under forest use and protected natural areas;
VI. Support women in rural areas in forestry projects related to fuel wood (management, plantations and saving stoves), forest components for the backyard, water harvesting and for silvicultural work;
VII. To incorporate the forest component and soil conservation in the agricultural areas, especially the hillside areas;
VIII. In the reconversion of the roza-grave-burn system, and
IX. In the integral management of hydrological-forest basins.
ARTICLE 28. In terms of the first paragraph of the previous article, the National Water Commission and the Federal Electricity Commission also establish coordination with the Secretariat and the Commission, in order to develop actions and budgets aimed at the integral management of the basins, as well as to promote the afforestation of geographical areas with natural vocation that benefit the recharging of basins and aquifers, in the valuation of goods and environmental services of forests and forests in hydrological and forest basins and participate in disaster or natural emergency care.
Similarly, the Commission and the National Commission of Protected Natural Areas will coordinate for the attention of the related programs in forestry within the protected natural areas, in accordance with national policy in the field.
OF NATIONAL FORESTRY POLICY
Of National Policy Criteria on Forest Matter
ARTICLE 29. Sustainable forest development is considered a priority area of national development, and therefore, public activities will have such a character. private to be related.
ARTICLE 30. National forestry policy should promote the promotion and appropriate planning of sustainable forest development, understood as an evaluable and measurable process by means of environmental, forestry, economic and social criteria and indicators that will achieve the optimal and sustained productivity of forest resources without compromising performance, balance and integrity of forest ecosystems, which improves income and quality The aim of the project is to improve the quality of life of people involved in forestry and to promote the generation of added value in forest regions, to diversify production alternatives and to create sources of employment in the sector.
Therefore, the policy on sustainable forest that the Federal Executive develops, should observe the following guiding principles:
I. Achieve that sustainable use of forest ecosystems is a permanent source of income and better living conditions for their owners or They have a sufficient supply for social, industrial and export demand, as well as to strengthen the productive capacity of ecosystems;
II. Strengthening the decision, action and promotion capabilities of communities to the authorities and other productive agents so that they can exercise their the right to protect, conserve and exploit forest ecosystems, in accordance with their knowledge, experience and traditions;
III. Give comprehensive and close attention to forest users, owners and owners within the framework of the National Forest Service;
IV. Design and establish regulatory, fiscal, financial and legal instruments of market, oriented to induce productive and consumer behaviors on forest resources, and provide transparency to forest activity;
V. Ensuring the permanence and quality of environmental goods and services, derived from ecological processes, taking on programs, projects, standards, and procedures the interdependence of the natural elements that make up the resources that can be used as an integral part of the ecosystems, in order to establish management processes and forms of integral management of the resources natural;
VI. Develop mechanisms and procedures that recognize the value of environmental goods and services provided by forest ecosystems, with the the purpose of which society assumes the cost of its conservation;
VII. Create economic mechanisms to compensate, support, or stimulate forest resource owners and owners for the generation of goods and environmental services, considering these as public goods, to ensure the biodiversity and sustainability of human life;
VIII. To monitor that the processing capacity of the existing forest industry is consistent with the volume authorized in the use permits issued, considering imports from abroad and other entities, and
IX. Consolidating a forest culture that ensures the care, preservation and sustainable use of forest resources and their goods and services environmental, as well as its economic, social and security assessment that is projected in attitudes, behaviors and habits of consumption.
ARTICLE 31. In the planning and carrying out of actions by the agencies and entities of the Federal Public Administration, according to their respective areas of competence, as well as in the exercise of the powers conferred on the authorities of the Federation, of the Entities or of the Municipalities, to regulate, promote, restrict, prohibit, orient and in general induce the actions of the individuals in the social, environmental and economic fields, shall, on the part of the competent authorities, observe the mandatory forest policy criteria.
ARTICLE 32. They are mandatory social forestry policy criteria, the following:
I. Respect for the knowledge of the nature, culture and traditions of indigenous peoples and communities and their direct participation in the elaboration and implementation of forest programs in the areas in which they live, in accordance with the Sustainable Rural Development Law and other ordinances;
II. The effective incorporation of forest owners and their organizations in forestry, production, industry and trade in forest products, the diversification or multiple use and environmental goods and services;
III. The active participation by owners of forest owners or forest industries in the processes of promoting certification of forest management and productive chain;
IV. The participation of social and private organizations and public institutions in the conservation, protection, restoration and exploitation of forest ecosystems and their resources;
V. The drive to improve the quality, capacity and condition of human resources through the modernization and increase of the means for education, training, generating greater job opportunities in productive activities as well as services, and
VI. The regulation and use of forest resources and land should be the focus of social, economic, ecological and social needs. cultural of present and future generations.
ARTICLE 33. They are mandatory environmental and forestry policy criteria, the following:
I. Oriented towards the environmental improvement of the national territory through the management of forestry activities, to contribute to the maintenance of the genetic capital and biodiversity, the quality of the environment of population centres and communication channels and which, in the same way, leads to the defence of soils and water courses, the reduction of pollution and the provision of space sufficient for recreation;
II. The healing and vitality of forest ecosystems;
III. The sustainable use of forest ecosystems and the establishment of commercial forest plantations;
IV. The stabilization of forest land use through actions that prevent change in their use, promoting permanent forest areas;
V. The protection, conservation, restoration and use of forest resources in order to prevent soil erosion or degradation;
VI. The use of forest soil must be done in such a way that it maintains its physical integrity and its productive capacity, controlling in any case the processes erosion and degradation;
VII. The regional integration of forest management, preferably based on hydrological and forest basins;
VIII. The collection, protection and conservation of water resources and the recharge capacity of aquifers;
IX. The contribution to carbon fixation and oxygen release;
X. The conservation of biodiversity of forest ecosystems, as well as the prevention and combating of illegal theft and extraction of forest ecosystems, especially in the indigenous communities;
XI. The priority conservation of endemic, threatened, endangered, or special protection species;
XII. The protection of forest resources through combating trafficking or illegal appropriation of raw materials and species;
XIII. Recovery to forest use of preferentially forest land, to increase forest border, and
XIV. The use of native-compatible species and the persistence of forest ecosystems.
ARTICLE 34. They are mandatory economic forestry policy criteria, the following:
I. Expand and strengthen forest production participation in national economic growth;
II. Infrastructure development;
III. The promotion of the constant and diversified development of the forest industry, creating favorable conditions for the investment of large, medium, small and micro, in order to ensure a growing supply of products for domestic consumption and the external market;
IV. Promoting the integration of productive and commercial chains;
V. Promote the development of an industrial plant with the necessary characteristics to take advantage of the forest resources that make up the ecosystems, as well as adequate potentiality of the same;
VI. The full use of forest ecosystems through their cultivation and that of forest-based soils through afforestation, in order to give long-term satisfaction of the needs of wood by industry and the population, and other products or by-products to be obtained from forests;
VII. Foster research, development, and technology transfer in forestry;
VIII. Maintaining and increasing the production and productivity of forest ecosystems;
IX. The application of financial assistance, organization, and association mechanisms;
X. Combating smuggling and unfair competition;
XI. Productive diversification in leveraging forest resources and their associated resources;
XII. Economic support and incentives to forest investment projects;
XIII. The assessment of environmental goods and services;
XIV. The support, encouragement and compensation of long-term economic effects of forest resource formation and the cost of environmental goods and services, and
XV. The realization of public or private works or activities that they themselves may cause severe deterioration of forest resources must include equivalent actions for regeneration, restoration and restoration of the same.
Of Forest Policy Instruments
ARTICLE 35. They are instruments of national forest policy, the following:
I. Forest Development Planning;
II. The National Forest Information System;
III. The National Forest and Soil Inventory;
IV. Forest Zoning;
V. The National Forest Register;
VI. The Mexican Official Forestry Standards, and the
VII. National Forest Management System.
VIII. Annual Satellite Study of the Forest Coverage Index;
In the design, development, implementation, evaluation and monitoring of forest policy instruments, forest policy objectives and criteria must be observed. and other provisions provided for in this Act.
The Federal Executive will promote the participation of society in the planning, implementation and evaluation of forest policy instruments, as provided for in the Title Seventh of this Law.
Forest Development Planning
ARTICLE 36. The planning of forest development as an instrument for the design and implementation of forest policy, must understand two aspects:
I. The projection corresponding to the constitutional periods corresponding to the administrations, as provided for in the Law of Planning for the sectoral, institutional and special programs, and
II. For longer term projection, for 25 years or more, so the Secretariat and the Commission will develop the National Strategic Forest Program, in the field of their respective powers. The programme shall be approved by the Secretariat and shall indicate the priority objectives, strategies and lines of action.
The long-term Strategic Programme, the institutional and, where appropriate, special programmes, should be reviewed every two years.
The programs to be developed by the governments of the Federative Entities, with short and long-term vision, will indicate the objectives, strategies and lines of action priority, taking into account the criteria and instruments of national forest policy and seeking consistency with national programmes.
ARTICLE 37. In the planning of forest development, regional programs will be developed, taking into account the geography of the basins, sub-basins and micro-basins. Forestry-forestry and particularly considering the situation of forest ecosystems and soils. The Secretariat and the Commission will promote the governments of the Federative Entities, coordinate in order to participate in the elaboration of these programs and guarantee the participation of the stakeholders.
ARTICLE 38. The Federal Executive will incorporate in its annual reports that it must submit to the Congress of the Union a report on the state of the sector. forest.
Local Laws will stipulate the accountability procedures of the Entity Executive to the respective Legislature.
The governments of the Federative Entities and the municipalities will report annually to the Secretariat and the Commission on the results obtained, in terms of the or coordination agreements concluded.
From The National Forest Information System
ARTICLE 39. The Secretariat will regulate, issue the rules, procedures and methodology, so that the Commission integrates the National Forest Information System, which will aim to register, integrate, organise, update and disseminate information related to forestry, which will be available to the public for consultation and which will be integrated into the National Environmental and Information System Natural Resources and will be articulated in the conduct of the National System Information for Rural Development.
ARTICLE 40. By means of the National Forest Information System, all forest information must be integrated in a homogeneous manner, including:
I. The one contained in the National Forest and Soil Inventory and inventories forest and soil of the federative entities;
II. The one contained in Forest Zoning;
III. The one contained in the National Forest Register;
IV. On the evaluations of commercial forest plantations and reforestation with restoration and conservation purposes;
V. On the use and knowledge of forest resources, including information on domestic use and traditional knowledge;
VI. on forest agreements and conventions, and on mechanisms and National and international coordination or cooperation treaties;
VII. The economic information of forest activity;
VIII. On research and technological development;
IX. On organizations and institutions in the social and private sectors, as well as national and international public bodies related to that sector;
X. On forest harvesting projects that are not based exclusively on the exploitation of timber resources, and
XI. Others that are considered strategic for planning and evaluating the sustainable forest development.
Federal, state and municipal authorities must provide the National Forest Information System with the information they collect in their compliance. attributions.
ARTICLE 41. For the integration of information into the National Forest Information System, the Secretariat should create rules, procedures and methodologies that ensure the compatibility and responsibility of the information generated and the authorities involved in the process.
ARTICLE 42. The Secretariat and the Commission will promote the creation of State Forest Information Systems. The governments of the federative entities, when integrating their State Forest Information System, will have to take into account the norms, procedures and methodologies that were followed for the integration of the National Forest Information System. to make it compatible with this.
ARTICLE 43. Every person shall have the right to have the forest information available to them by the forest authorities upon request in the terms provided by the Federal Law on Transparency and Access to Government Public Information.
The National Forest and Soil Inventory
ARTICLE 44. The Secretariat will regulate the procedures and methodology to allow the Commission to integrate the National Forest and Soil Inventory, which must be to link the statistical and accounting data of environmental goods and services in an organised and systematic manner.
ARTICLE 45. The National Forest and Soil Inventory will be updated at least every five years and you will need to understand the following information:
I. The surface and location of forest and preferably forest land with which the country counts, in order to integrate its statistical information and to elaborate its mapping, at its various levels of management and management;
II. Temporary forest land, its surface and location;
III. The types of forest and soil vegetation, their location, formations and classes, with trends and projections that allow the classification and delimitation of the current state of deforestation and degradation, as well as conservation zones, forest protection, restoration and production, in relation to forest-forest basins, ecological regions, permanent forest areas and protected natural areas;
IV. The dynamics of changing the forest vegetation of the country, which allows to know and evaluate deforestation rates and rates of degradation and disturbance, recording their main causes;
V. The quantification of forest resources, including the valuation of assets and environmental services to be generated by forest ecosystems, as well as impacts on forest ecosystems;
VI. The criteria and indicators of sustainability, deforestation and degradation of forest ecosystems;
VII. Inventory on existing forest infrastructure;
VIII. Forest areas with greater vulnerability to the effects of climate change, and
IX. The information, based on the National System of Monitoring, Registration and Verification, of the reduction of emissions derived from actions of prevention and combat of deforestation and degradation of forest ecosystems, and
X. The other data that the Rules of this Law point out.
ARTICLE 46. The data included in the National Forest and Soil Inventory will be the basis for:
I. The formulation, implementation, control and monitoring of forest programmes and actions;
II. The calculation of the volume of wood or forest biomass on foot, its increase and the volume of short or potential use;
III. The integration of forest zoning, forest management and the ecological management of the territory;
IV. The evaluation and monitoring of long, medium and short term plans, and
V. The development of climate change adaptation and mitigation programs and strategies.
In the Regulation of this Law the criteria, methodology and procedures for the integration, organization, updating and monitoring of the data will be determined. must contain the National Forest and Soil Inventory.
ARTICLE 47. In the formulation of the National Forest and Soil Inventory and forest zoning, the following criteria must be considered:
I. The delimitation by basins and hydrological subbasins;
II. The nature, characteristics, diversity of ecosystems or types of forest vegetation existing in the national territory;
III. The vocation of forest and preferentially forest lands, and
IV. The existing imbalances in ecosystems by the effect of economic activities or other human activities or natural phenomena.
ARTICLE 48. Forest zoning is the instrument in which forest and preferentially forest lands are identified, grouped, and ordered within watersheds, sub-basins and hydrological-forestry micro-basins, by biological, environmental, socio-economic, recreational, protective and restorative functions and sub-functions, for management purposes and in order to promote better administration and contribute to sustainable forest development.
ARTICLE 49. The Commission shall carry out the zoning based on the National Forest and Soil Inventory and the ecological management programs, and shall submit it for approval by the Secretariat.
ARTICLE 50. In the Regulation of this Law, the criteria, methodology and procedures for the integration, organization and updating of the zoning; which must consider the mechanisms necessary to take into account the participation, opinion and community proposal of the owners of the forest and agricultural lands.
This zoning should be published in the Official Journal of the Federation.
From The National Forest Register
ARTICLE 51. The Secretariat shall establish, integrate, organize and maintain the National Forest Register.
The National Forest Register shall be public and shall be entered in the Register:
I. Forest management programs and commercial forest plantation management programs, their authorizations, modifications, and cancellations, as well as documents incorporated into the respective application;
II. The afforestation notices, as well as their modifications or cancellations;
III. Land use change authorizations for forest land;
IV. Data for the identification of forest technical service providers and technical auditors;
V. Decrees establishing protected natural areas that include forest or preferentially forest land;
VI. Decrees establishing restoration zones on forest land;
VII. Decrees that establish forest paths;
VIII. Acts of domain transfer, use, usufruct or service delivery involving forest resources, forest management programs, management of commercial forest plantations and forestation notices;
IX. The storage and storage center operation authorizations, in addition to the raw material mobile transformation centers foresters, and
X. The other acts and documents that are flagged in the Regulations of this Law.
ARTICLE 52. The Registry is obliged to provide the information to any applicant, without further requirement than his prior identification, and the payment of the correspond, in the terms of the applicable legal provisions.
ARTICLE 53. The corresponding Regulation shall determine the procedures for the registration and the granting of constances of acts and documents entered in the Record.
ARTICLE 54. In the framework of the principles of coordination established by this Law, the National Agrarian Registry will be obliged to give part to the Registry, within the time limits. to set the respective Rules of Procedure, of the acts provided for in this Chapter and which it is appropriate to register.
The Registry will also seek the necessary coordination with the public records of the property, established by the governments of the states, the Federal District or by the Municipalities where appropriate, in order for them to be party to that of the acts which they carry out and relate to any of the statements set out in Article 51.
From the Mexican Official Standards in Forest Matter
ARTICLE 55. The Secretariat will issue official Mexican forest and soil standards in the terms of the Federal Metrology Law and Normalization, which are intended to:
I. Set requirements, specifications, conditions, procedures, goals, parameters, and permissible limits to be observed in basins, regions, ecosystems or areas, in the use of forest resources, in the development of economic activities, in the use and destination of goods, in inputs and in processes;
II. Consider the conditions necessary for the well-being of the population and the conservation, protection, production, exploitation or restoration of resources foresters and their ecosystems;
III. Stimulating or inducing economic agents to reorient their processes and technologies to the permanence of the forest masses, increasing their productivity through the improvement of forestry practices and sustainable forest development;
IV. Grant long-term certainty to investment and induce economic agents to bear the costs of forest and environmental affectation that they cause;
V. Regular processes for the use, storage, transportation, processing and marketing of forest resources as well as the provision of technical services;
VI. Encourage primary production, transformation, and marketing activities in a framework of competition, efficiency, and sustainability;
VII. Establish the relationship of products whose use should be prohibited in forestry activities;
VIII. Prevent or mitigate soil erosion, as well as the conservation or restoration of soil;
IX. Regular systems, methods, services and mechanisms relating to forest fire prevention, combat and control, and use of fire on land foresters or preferably foresters, and
X. Other than this Law points to you.
From The National Forest Management System
ARTICLE 56. The Secretariat will integrate the National Forest Management System, based on the management programs registered in the National Forest Registry, in order to carry out the monitoring, evaluation and monitoring of forest management programs, afforestation and other forestry activities carried out in the country, as well as those related to the analysis of the situation of forest ecosystems at national level.
ARTICLE 57. Based on the National Forest Information System, the Secretariat will have to prepare, publish and disseminate a biannual report on the situation of the forestry sector, as well as measures to be taken to reverse the processes of degradation of forest resources, lags and advances of environmental, social and economic components, with the information provided by the Commission and other dependencies or entities.
Section Eighth: From the Annual Satellite Study of the Forest Coverage Index.
ARTICLE 57 Bis. The images resulting from the Annual Satellite Study of the Forest Coverage Index, should be included in the environmental information system, which will support the Secretariat and the Commission for the correct implementation of the functions. described in Chapter II of the National Forestry Policy instruments as well as being made known by electronic means, where it will be published and updated.
OF SUSTAINABLE MANAGEMENT AND USE OF FOREST RESOURCES
From the Authorizations for the Use of Forest Resources
ARTICLE 58. Corresponding to the Secretariat grant the following authorizations:
I. Change of land use on forest land, by exception;
II. Use of timber resources in forest and preferentially forested areas;
III. Establishment of commercial forest plantations on surfaces greater than 800 hectares, except those on temporary forest land, and
IV. Collective and uses for commercial or research purposes of genetic resources.
The authorisations referred to in Sections I, II and III of this Article may be carried out by the competent authorities of the federal entities, in the terms of the coordination mechanisms provided for in this Law.
In the case of commercial forest plantations, the provisions of Articles 85, 86, 87 and related of this Law will be provided, which will receive treatment from administrative deregulation and promotion.
For the purposes of this Act, it is understood by:
a) Native forest: The one developed by nature action, without any human involvement, and
b) Commercial forest planting: are the prediums in which the planting of timber forest species is developed for marketing.
ARTICLE 59. Prior to authorizations for the use of forest resources, the Secretariat shall communicate the respective requests to the State councils that correspond, for the purposes of the provisions of Article 75 of this Law, without it implying to suspend or interrupt the deadlines indicated in this Law to issue the corresponding authorizations, according to the terms and conditions provided for in the Regulation.
ARTICLE 60. The authorizations for the use of forest resources shall be valid for the short cycle, and may be endorsed, how many times it is necessary to achieve the objectives of the respective management program and up to the term of the respective management program.
ARTICLE 61. In case of transmission of the property or of the rights of use or usufruct on forest or preferentially forest lands, the transmittes must declare in protest of truth, circumstance that the notary public to whom the transmission is celebrated will record in the document in which it is formalized, if there is authorization of change of use of the soil, program of management forest and soil, commercial forest plantation management program or commercial forest planting. If yes, the notaries must notify the act that is celebrated in the National Forest Register within thirty calendar days, counted from the grant of the corresponding writing. In case of acts that are carried out before the National Agrarian Registry, the National Agrarian Registry shall notify the National Forest Registry of the acts within the same period.
The acquirers of the property or rights of use or usufruct on forest or preferentially forest land, on which there is notice, authorization or program of management in the terms of this Law, will have to comply with the terms of the notices and management programs to which the present refers as well as with the conditioning in matter of forest management or of respective environmental impact, without the damage to which it is possible to request the modification or the corresponding cancellation in the terms of this Law.
The holders of the property rights, use or usufruct of land where there is an area of protection must do so of the knowledge of the acquirer, of the fedatere or authority, to whom the act of transmitting these rights is to be carried out and this situation must be recorded in the relevant writing.
The rights of exploitation may be transferred in whole or in part in favor of third parties. In the case of the case referred to in Article 76, the transfer of the rights deriving from the authorisation may only take effect once the Secretariat has delivered an opinion on its provenance.
ARTICLE 62. The holders of forest and commercial forest plantations will be obliged to:
I. Sign the management program;
II. To assist in the preparation of the forest management study of the Forest Management Unit to which it belongs;
III. Reform, preserve and restore soils and, in general, execute actions in accordance with the schedule of the authorized management program;
IV. Take advantage of forest resources according to the possibility and plan of the short ones set out in the authorization;
V. Driving natural recovery and, in case it is not established, reinforce the areas taken advantage of in accordance with the handling;
VI. Request authority to modify the management program;
VII. Submit commercial forest plantation notices, if any;
VIII. Credit the legal source of the forest raw materials;
IX. Submit periodic reports, if any, endorsed by the technical officer on the implementation, development and compliance of the forest management program. The periodicity of the submission of these reports shall be laid down in the Regulation and in the relevant authorisation;
X. Give immediate notice to the Secretariat when they detect the presence of pests and diseases in their predium and execute the forest sanitation works that determine the management program and recommendations of the Commission;
XI. Take a book to record the movement of your products, the characteristics of which will be fixed by the Secretariat;
XII. Run jobs to prevent, combat, and control forest fires in the terms of this Act;
XIII. Give notice of the mobile transformation centers, which are used, and
XIV. The others set forth in this Law and its Regulations.
ARTICLE 63. Forestry authorizations shall only be granted to land owners and persons legally entitled to hold them and Use them.
When the application for a forest authorization on land owned by an ejido, community or indigenous community is submitted by a third party, it must accredit the consent of the agrarian core by means of the assembly agreement that authorizes it, in accordance with the Agrarian Law.
ARTICLE 64. The management of the use of forest resources will be in charge of the holder of the use. In the event that the latter decides to hire a forest technical service provider, that provider shall be responsible in solidarity with the holder.
ARTICLE 65. The Secretariat will suspend forest use authorizations in the following cases:
I. By resolution of competent judicial or jurisdictional authority;
II. When there is conflict with respect to ownership or possession before a competent authority or instance;
III. When serious irregularities are detected in compliance with the management program, putting the forest resource at risk;
IV. When the Secretariat imposes interim measures for health, remediation, conservation, restoration, and mitigation of adverse impacts to ecosystems foresters, and
V. In the other cases provided for in this Law, its Rules of Procedure, the Mexican official rules and other provisions that emanate from it.
The suspension referred to in this Article shall only take effect with respect to the execution of the respective management program, provided it does not have negative effects on the the protection of the resource or the resource cannot be modified.
The suspension shall be made in the terms, conditions and deadlines set out in the Rules of Procedure of this Law.
ARTICLE 66. Forest use authorizations are extinguished by any of the following:
I. The expiration of the term for which they are granted;
II. Renunciation of the holder;
III. Death of the holder, unless there is express designation of beneficiaries or, in the case of moral persons, by dissolution or liquidation;
IV. Disappearance of the purpose or resource object of the authorization;
V. Nullity, revocation, and expiration;
VI. When in the area authorized for use, forest areas or vedas are decedent in the terms provided for in this Law, and
VII. Any other provided in the Laws or in the authorization itself, which render impossible or inconvenient its continuation.
ARTICLE 67. They are causes of nullity of forest use authorizations:
I. When the object of the authorization is executed in violation of public order provisions or those contained in this Law, its Rules of Procedure, Mexican officials and other provisions emanating from it;
II. When it has been granted based on false or erroneous data provided by the holder;
III. When they have been issued in violation of the provisions of this Law, their Regulations, the Mexican official rules and other provisions that emanate from it, or once granted, it is established that the assumptions and requirements set out for granting it were not updated, and
IV. The others that point to this Act or those established in the authorizations themselves.
When the nullity fails, and not in violation of the Law or in the absence of the assumptions for the granting of the authorization, it may be confirmed by the Secretary as soon as this circumstance ceases.
ARTICLE 68. Forest use authorizations will be revoked for any of the following reasons:
I. When they are transferred or transferred to a third party without express authorization from the Secretariat;
II. By failing to comply with the conditions to which the granting of the authorization is held or to violate the provisions of this Law, its Rules of Procedure, the Rules of Procedure, Mexican officials and other provisions emanating from it;
III. Perform unauthorized activities that require express authorization in accordance with this Law and its Regulations;
IV. When damage to forest resources, forest ecosystems, or compromised their regeneration and productive capacity is caused;
V. When health, regeneration, restoration, mitigation, conservation and other measures are not applied, the Secretariat has decreed on the object surface of the authorization;
VI. The persistence of the causes that led to the suspension of the use, when the term that has been fixed for correcting them has expired;
VII. By final judgment of competent judicial or jurisdictional authority, and
VIII. The other cases provided for in this Act or in the authorizations themselves.
ARTICLE 69. Forest use authorizations expire when they are not exercised during the term of their validity and in the other cases provided for in this Law or in the authorizations themselves.
ARTICLE 70. The suspension, extinction, nullity, revocation and expiration of the authorizations, shall be issued by the authority that granted the authorization, upon a hearing to be granted to the persons concerned to give evidence and to submit what is appropriate, in accordance with the procedures laid down in the Rules of Procedure of this Law.
ARTICLE 71. It is prohibited for holders of the authorizations to advance the approved short plan in the management program or to alter in any way the the schedule approved by the Secretariat, unless there are economic, meteorological and sanitary causes, which are clearly demonstrated to the Secretariat.
ARTICLE 72. The Secretariat shall establish the necessary procedures and mechanisms, so that the titles or documents in which the authorizations are translated into the languages of applicants or holders of forest exploitation belonging to indigenous peoples and communities, or to ensure that their content is interpreted.
When an authorization may affect the habitat of any indigenous community, the authority must seek the opinion of the representatives of that community.
The Secretariat, in coordination with the agencies and entities of the Federal Public Administration, will verify that the use of forest resources to ensure the rights that the law recognizes to indigenous communities.
of the Use and Use of Forest Resources
Leveraging Timber Forest Resources
ARTICLE 73. The authorization of the Secretariat is required for the use of timber forest resources in forest or preferentially forested areas. Such authorisation shall comprise that of the management programme referred to in this Law and which, where appropriate, should be granted in respect of the environmental impact, in the terms of the applicable legislation.
The Mexican Official Rules or Regulations will establish the requirements and cases in which notice will be required.
ARTICLE 74. Applications for authorization to use timber forest resources must be accompanied by:
I. The name, name or social reason and address of the owner or holder of the the right to make use in terms of the legal provisions;
II. Certified copy of the title attesting to the right of ownership or possession of the land or land covered by the application;
III. Dealing with ejidos and communities, they must present a compliance assembly act with the Agrarian Law, in which the agreement is contained to carry out the use, as well as a certified copy of the Rules of Procedure in which the obligations and forms of participation in the work of cultivation, protection and promotion are defined of your resources;
IV. Georeferenced plane indicating location, surface, and predium colindances;
V. The forest management program with a projection that corresponds to a shift, and
VI. A demonstration, in protest of telling the truth, of the legal situation of the and, where appropriate, on agricultural disputes.
ARTICLE 75. The Secretariat shall request the State Council concerned, opinions and technical observations regarding requests for authorization to the use of timber or forestry resources, in advance to be resolved. The relevant Council will have ten working days to give its opinion. After that term, it is understood that there is no objection to issuing or denying the authorisation.
ARTICLE 76. The following forest exploitation requires the presentation of a manifestation of environmental impact, in the terms of the General Law of the Ecological Balance and Environmental Protection:
I. In tropical rainforests greater than 20 hectares;
II. In the use of forest species of difficult regeneration, and
III. In protected natural areas.
The environmental impact event will be integrated into the forest management program to follow a single administrative procedure and will be carried out in accordance with the guidelines and rules to be issued in the field.
In the authorizations of the environmental impact statements referred to in this article, the authority shall give duly substantiated and reasoned response to the proposals and observations submitted by those interested in the public consultation process referred to in the General Law of Ecological Balance and Protection of the Environment.
ARTICLE 77. To obtain authorization to use timber forest resources on surfaces less than or equal to 20 hectares, the management program afforestation to be accompanied, shall be simplified by default or by set of premises which do not exceed 250 hectares in total.
Trying to take advantage of timber forest resources on areas larger than 20 hectares and less than or equal to 250 hectares, the interested party is required present a forest management program with an intermediate level.
Trying to take advantage of timber forest resources on areas larger than 250 hectares, the interested party is required to present a Management Program forest with an advanced level.
The content and requirements of these program levels will be determined in the Regulation of this Law, and will invariably consider actions to induce the natural regeneration or options for, where appropriate, reforesting with native species.
ARTICLE 78. When you incorporate or intend to incorporate the forest utilization of a surface into a larger production unit, the owners or holders must fully satisfy the requirements of the application for authorisation for the total area to be used.
ARTICLE 79. The forest management program will have a valid duration for a shift. Authorisations for the use of forest resources shall be valid for the short cycle, and may be endorsed as many times as necessary, verifying in the field the elements to be laid down in the Regulation for achieve the objectives of the respective management program and up to the end of the respective management program.
ARTICLE 80. Once a forest management program has been submitted, the Secretariat will initiate the evaluation procedure, for which it will decide if the request will be complies with the formalities provided for in this Law, its Rules of Procedure and applicable Mexican official rules.
For the authorization referred to in this article, the Secretariat shall evaluate the feasibility of the works or activities proposed in the Program on resources Forest ecosystems are subject to exploitation, as well as in the forest ecosystems in question, considering the set of elements that make up them and not only the resources that are subject to exploitation.
ARTICLE 81. The Secretariat must resolve applications for authorization to use timber forest resources within thirty working days. following the filing date of the request.
The Secretariat shall have a period of 60 working days to resolve applications for authorisation for the forest use provided for in Article 76 of this Regulation. This Law.
Exceptionally, such time limit may be extended for a further 60 calendar days, when required by the characteristics of the project, in the assumptions and terms establish the Regulation.
In the event that incomplete information or documentation has been submitted, the Secretariat shall require in writing, in writing and for the sole time, the applicants to be integrated within a period of no more than 15 working days, the term remaining to be terminated to terminate the procedure.
Once the documentation and additional information are presented to the Secretariat, the legal deadlines for the opinion of the respective application will be resumed. After the expiry of that period, without the missing information and documentation being forwarded, the Secretariat shall discard the respective request.
ARTICLE 82. The Secretariat may authorize the execution of the respective program in the requested terms, or in a manner conditioned to its modification or to the The establishment of additional forest management measures or prevention and mitigation of environmental impacts. In this case, the Secretariat shall identify the restrictions or requirements that should be observed in the implementation of the relevant programme, and which may only be aimed at preventing, mitigating or compensating for negative effects on ecosystems.
ARTICLE 83. According to the provisions of this Law, as well as the criteria and indicators to be determined in the Regulation, the Secretariat may only deny the requested authority when:
I. It is contrary to the provisions of this Law, its Rules of Procedure, Mexican official rules or other applicable laws and regulations;
II. The forest management program is not congruent and consistent with the forest management unit of the forest management unit that is part of the forest management unit. the pregod in question, when it exists;
III. The biodiversity of the area and the regeneration and productive capacity of the land in question are compromised;
IV. Be the protection areas referred to in this Act;
V. Exist falsehood in the information provided by the promote, regarding any element of the corresponding management programs, or
VI. When agricultural, boundary, or pregod overposition conflicts occur, in which case, the negative will only apply to the conflicting areas.
ARTICLE 84. In the event that the Secretariat has not issued a resolution within the time limits provided for in this Law, the authorization to use it shall be deemed to be denied. forest, without prejudice to the liability in which the public servant may incur in terms of the Federal Law on Public Servants ' Responsibilities.
The Secretariat will implement a mechanism for the automatic authorization of requests for leverage to holders whose history of prior use has result without comments, being subject to audit and subsequent verification, in all cases, in the terms established for the purposes of the Regulation.
From Commercial Forest Plantation
ARTICLE 85. The establishment of commercial forest plantations in substitution of the current native primary vegetation of the land is prohibited. foresters, except in the following cases:
I. When checked by specific studies that do not put biodiversity at risk, or
II. When it is demonstrated by specific studies that native vegetation has little commercial value or biodiversity, and it is judged appropriate to promote plantations of species from other places that adapt to the area and even promote wildlife and environmental goods and services.
The Secretariat will issue the official Mexican standard that establishes the species of exotic forest vegetation that puts biodiversity at risk.
ARTICLE 86. In the policy of commercial forest plantations in temporarily forest and preferably forest land, it will be promoted in a primordial way. the use of native species that are technologically and economically viable. The authority will have at all times the power to supervise the management of the plantation, especially taking care of the possible adverse environmental impacts.
ARTICLE 87. Commercial forest plantations on land temporarily or on land with surfaces less than or equal to 800 hectares, only require a written notice from the person concerned to the Secretariat, which shall contain:
I. The name, name, or social reason and address of the owner or holder of the default or set of premises;
II. The title that accredits the right of ownership or possession with respect to the land or land subject to the application;
III. In case of assignment of the rights of afforestation to third parties, to indicate the data indicated in the fraction I corresponding to the transferee and the documentation to accredit such cession;
IV. The georeferenced plane indicating location, surface, and colindances of the predium or set of prediums, locating it within the basin and subbasin hydrologica-forest and Forest Management Unit, where there is, where the predium or pregod is located;
V. The simplified forest planting management program, and
VI. A manifestation, in protest of truth, of the legal situation of the predium or set of pregod, and in its case, on agrarian conflicts.
ARTICLE 88. When the application for a commercial forest planting authorization on land owned by an ejido or community is filed by a Third, the third party must prove the consent of the agrarian nucleus by means of the assembly agreement that authorizes it, in accordance with the Agrarian Law.
For the purposes of Article 75 (II) of the Agrarian Law, the Agrarian Attorney's Office before issuing its opinion shall be required to obtain the opinion of the Commission, which shall ensure that the ejido or community has prior information regarding the actual value of its forest resources and the value of having the authorization.
ARTICLE 89. Once the commercial forest planting notice has been filed, the Secretariat shall issue a record of registration within a period of no more than five working days. If, after this period, the Secretariat has not issued it, the holder shall be entitled to start the planting.
The Secretariat will not receive the notice if it does not meet the requirements of Article 87.
In the case of commercial forest plantations on temporary forest land, the operator may start planting from the same time of presentation. of the warning.
ARTICLE 90. The commercial forest planting notice will empower its holders to make use of it, when the holder deems it appropriate according to the market conditions and other factors.
ARTICLE 91. The holder of the commercial forest planting notice shall submit annually a report indicating the various activities carried out in the phases of work, the requirements of which shall be contained in the Regulation of this Law.
ARTICLE 92. The authorization of the Secretariat is required to perform commercial forest plantations in lands preferably forest in pregod with areas larger than 800 hectares, for which the interested party will be required to present a management program, not for the case of temporary forest land.
ARTICLE 93. The content and requirements of the two levels of commercial forest planting management programs, as well as other modalities, will be determined in The Rules of Procedure and Mexican Official Rules.
ARTICLE 94. The Secretariat, within thirty working days of receipt of the commercial forest planting management program, may:
I. Require missing information, within the first five business days, when incomplete, suspending the term that will be subtracted for determine how conductive;
II. Authorize commercial planting and, where appropriate, determine the implementation of forest management measures or prevention and mitigation of environmental impacts, additional to those provided for in the submitted management program;
III. Negate the authorization for not meeting the requirements set forth in this Act.
In the event that the Secretariat has not issued a resolution within the time limits provided for in this Law, commercial forest planting shall be deemed to be authorized.
ARTICLE 95. When the cultivation of a commercial forest plantation is integrated or intended to be integrated into a larger production unit, the owner or holder of the planting must present a new notice of commercial afforestation or application for authorisation.
ARTICLE 96. The management of the commercial forest plantation must be in charge of the owners of the plantation. In the event that the latter decides to hire a forest technical service provider, that provider shall be responsible in solidarity with the holder.
of the Use of Non-timber Forest Resources
ARTICLE 97. The use of non-timber resources shall only require a written notice to the competent authority. The Mexican Official Rules or Regulations shall establish the requirements and cases in which the authorization and/or presentation of simplified management programs shall be required.
When commercial exploitation of timber and non-timber forest resources is sought in the same field, stakeholders may choose to apply for the corresponding authorisations jointly or separately with the Secretariat. The two types of use must be integrated in a compatible manner.
ARTICLE 98. When a simplified management program is required and is prepared by a technical officer, this will be a guarantor of solidarity with the holder of the use, in case authorization is granted.
ARTICLE 99. Only the use of non-timber resources at risk, or threatened, endangered, rare or endangered species may be authorized. special protection, in accordance with Mexican official standards, when priority is given to restoration, restocking and re-introduction activities that demonstrate that the risk is being counteracted.
ARTICLE 100. No authorizations will be granted if the use could put the respective populations and environmental functions of the ecosystems at risk, including soil, water and landscape. The criteria, indicators and corresponding measures shall be laid down in the Regulation and in the official Mexican rules to be issued.
From the Forest Resources Collection and Use
ARTICLE 101. The collection and use of forest biological resources for use in research and/or biotechnology requires authorization from the Secretariat.
The authorization referred to in this article may be granted only if the prior written consent, expressed and informed, of the owner or legitimate holder of the provision in which the forest biological resource is located.
When the collection is carried out by public entities of the federal, state or municipal governments, or by the owner of the resource, it will be sufficient for the notice to be presented concerned to the Secretariat in accordance with the corresponding Mexican Official Standard and accrediting that the forest owner's consent is provided.
ARTICLE 102. Collectas and uses for commercial or scientific purposes of forest biological resources shall recognize the rights of the communities indigenous to the ownership, knowledge and use of local varieties. The registration and certification of forest genetic resources or modified forms thereof, as well as patents obtained by natural or moral persons, shall be legally null, without the prior recognition indicated, except as agreed in international treaties and conventions relating to the matter.
When it is also intended to take advantage of the knowledge of indigenous peoples and communities on forest biological resources, ownership of the knowledge of indigenous peoples and to present an agreement concluded between the applicant for the authorization referred to in the previous article and the knowledge-holder community, in which it is established that consent is given prior, express and informed of this.
The corresponding permission may be revoked if the above requirements are not satisfied.
ARTICLE 103. It will also require authorization from the Secretariat, in the case of the collection of timber and non-timber forest species with scientific research purposes, the terms and formalities of which shall be laid down in the official Mexican rules to be issued, as well as the other administrative provisions applicable.
In any case and when it is in the interest and use of the Nation, it must be ensured that the results of the investigation are available to the public.
The authorisations for applications that provide for the genetic manipulation or modification of germplasm for the production of genetically modified organisms Amended for commercial purposes, they shall have prior agreement with the favourable opinion of the Secretariat and shall be subject to the provisions of the General Law of Ecological Balance and Protection of the Environment and other legal provisions. applicable.
ARTICLE 104. The use of forest resources and raw materials for domestic use, forestry and forestry activities agroforestry will be subject to what is established by the Regulation of this Law and to the Mexican official rules issued by the Secretariat, listening to the owners of mountains and lands, and considering provisions or opinions of others Secretaries involved.
ARTICLE 105. The Commission shall promote and support the traditional biological knowledge of indigenous and ejido peoples and communities, as well as the promotion and sustainable management of trees, shrubs and herbs for self-sufficiency and for the market, of the products of useful species, including medicines, food, construction materials, fuel wood, forages of domestic use, fibres, oils, gums, poisons, stimulants, flavorings, dyes, Insecticides, ornamental, flavouring, artisanal and meliferous.
ARTICLE 106. The use of forest resources, for domestic uses and collection for research purposes, in areas that are the habitat of species of Endemic, threatened or endangered wild fauna or flora shall be made in such a way as to ensure that the conditions necessary for the subsistence, development and evolution of such species are not altered.
Sustainable and Corresponsible Forest Management
From Forest Technical Services
ARTICLE 107. The natural and moral persons intending to provide forestry technical services shall be registered in the Register. The Mexican Regulation and official rules will determine the procedures, modalities and requirements to be observed for the provision, evaluation and monitoring of these services. The providers of these services may be hired freely. The Commission will promote the setting of parameters and criteria for the determination of fees for these services.
Any natural or moral person who accredits his/her competence and quality in accordance with the provisions of the Regulation for this purpose may provide technical services foresters, upon registration in the Register. The Regulation will establish the measures to frame the provision of the Forest Technical Services in the National System of Training and Technical Assistance for Sustainable Rural Development, in accordance with applicable legislation; Mexican Officers shall determine the procedures, modalities and requirements to be observed for the provision, evaluation and monitoring of these services. Forestry technical service providers may be hired freely. The Commission will promote the setting of parameters and criteria for the determination of fees for these services.
ARTICLE 108. Forest technical services comprise the following activities:
I. Develop forest management programs for the use of timber and non-timber resources;
II. Sign the management program and be responsible for the information contained therein; as well as be responsible in solidarity with the holder of the use forestry or commercial forest plantations in the execution and evaluation of the relevant management programme;
III. Lead, evaluate, and control the execution of the respective management programs;
IV. Develop and submit periodic evaluation reports, in accordance with the provisions of this Law, in a coordinated manner with the holder of the use of forestry or commercial forestry planting;
V. Forms tagging reports, containing the information that is set in the Regulation of this Act;
VI. Provide technical advice and training to forest management or afforestation holders, to transfer knowledge, tasks and responsibilities, in order to promote the training of Community paratecnics;
VII. Participate in the integration of Forest Management Units;
VIII. Make the knowledge of the competent authority, any irregularities committed in contravention of the authorized management program;
IX. Develop the technical studies supporting the change of land use of forest land;
X. Capabilities continuously in your scope of activity;
XI. Plan and organize forest zoning, reforestation, restoration, fire prevention and combat, pest and forest diseases, as well. as for the compatibility of agricultural and forestry uses, and
XII. The others to set the Regulation.
ARTICLE 109. The ejidatarios, comuneros and other owners or owners of forest or preferentially forest lands, which due to lack of resources not be able to cover the costs of drawing up the forest management program, may use the Commission, in the terms of the Regulation of this Law, to provide them with technical advice and/or financial support for the preparation of this, which will be done to the extent of the possibilities The budget of the Commission and the lack of such resources.
ARTICLE 110. The ejidos, communities, indigenous communities, small owners ' societies, or other moral persons related to forest management, may create freely, respecting their uses and customs, an auxiliary committee or technical organ in the management and management of forest and commercial forest plantations, as well as in the execution and evaluation of management programs respective foresters.
Dealing with ejidos and agrarian communities, the committee or body will be constituted under the terms of the Agrarian Law, and will define together with the service provider foresters, the necessary coordination mechanisms.
ARTICLE 111. The Commission will develop a program aimed at fostering a system of training, recognition, encouragement and accreditation that will identify, (a) both holders of the use and service providers of forestry technical services, which meet in a timely and efficient manner the commitments made in the management programmes and in the technical preventive audits.
Of Forest Management Units
ARTICLE 112. The Commission, in coordination with the federative entities, will delimit the forest management units, taking as a base the basins, Sub-basins and hydrological-forestry micro-basins, with the aim of achieving sustainable forest management, an orderly planning of forestry activities, and the efficient management of forest resources.
The Commission and the governments of the federative entities, will promote the organization of the holders of forest exploitation, whose lands are located within a forest management unit.
This organization will perform, among others, the following activities:
I. The integration of predial generated silviculture information;
II. The update of the respective unit's mapping material;
III. The realization of regional or zonal studies that support forest management at the predial level;
IV. The realization of common practices for the conservation and restoration of associated resources;
V. Complementation of efforts in the prevention, detection, control and combat of fires, pests and diseases, as well as the illegal logging and, where appropriate, the assessment and restoration of damage caused by these agents;
VI. Plant production to support reforestation activities for production, protection, conservation and/or restoration purposes at the pre-dial level;
VII. The elaboration of the annual activity program for the drive unit;
VIII. The presentation of periodic reports of progress in the execution of the regional or zonal program, and
IX. Distribute costs or additional handling expenses equally between members.
From Preventive Technical Audits
ARTICLE 113. Preventive technical audits, carried out by the Commission directly or through duly authorised third parties, shall aim at promoting and inducing compliance with the legal and environmental laws of the Member States. respective management programs; through a methodological examination to determine their degree of compliance and, where appropriate, recommendations on the preventive and corrective measures needed to achieve sustainable forest management.
The Commission, as a result of the preventive technical audit, may issue a certificate stating the appropriate compliance with the management program.
The Regulation will lay down the requirements to be met by the technical auditors, who credit the technical or professional training, and the necessary experience.
From Forest Certification
ARTICLE 114. The certification of good forest management is a means to credit adequate forest management, to improve the protection of forest ecosystems and to facilitate access to national and international markets concerned with the future of forests. forest resources.
The Commission will promote and promote the certification of good forest management, and support forest owners so that they can obtain this certificate, giving the intervention that corresponds to the Prolotories of Forest Development. The tasks of raising awareness among national and international end buyers of forest products in responsible purchasing, based not only on price and quality, but also on the sustainability of forest resources and in this way contribute to combating wood from illegal logging and overexploitation.
The Fund will promote the issuance of bonds that credit the conservation of forest resources in accordance with the provisions of Article 141 of this Law.
Of Transport, Storage and Transformation of Forest Raw Materials
ARTICLE 115. Those who carry out the transport of the forest raw materials, their products and by-products, including sawwood or with squalor, with the exception of of those intended for domestic use, they must prove their legal origin with the documentation that for this purpose the competent authorities, according to the provisions of the Regulation, Mexican official rules or other provisions applicable.
ARTICLE 116. For the operation of storage and transformation centers, in addition to the mobile raw material transformation centers Forestry is required to be authorized by the Secretariat in accordance with the requirements and procedures provided for in the Regulation or in the official Mexican rules for such purposes to be issued, which will include aspects related to contracts, supply cards, supply/demand balance sheets, books of registration of entries and exits, inscriptions in the Register, among others. The above, regardless of the licenses, authorizations or permissions to be granted by the local authorities.
OF FOREST CONSERVATION MEASURES
The Change of Soil Use in Forest Grounds
ARTICLE 117. The Secretariat may only authorize the change of land use in forest land, except for the technical opinion of the members of the Council. State Forestry in question and on the basis of supporting technical studies demonstrating that biodiversity is not compromised, nor will soil erosion, water quality deterioration or decrease in its uptake be caused; and that the alternative uses of soil that are proposed to be more productive in the long term period. These studies should be considered as a whole and not in isolation.
In land use change authorisations on forest land, the authority shall give duly substantiated and reasoned response to the proposals and observations. raised by members of the State Forestry Council.
You will not be able to grant land use change authorization on a burned land without it being 20 years, unless the Secretariat is accredited to the Secretariat. the ecosystem has been fully regenerated, by means of the mechanisms that are set out in the relevant regulation for this purpose.
The authorisations to be issued must include a programme of rescue and relocation of affected forest vegetation species and their adaptation to the new habitat. Such authorisations shall take into account what, where appropriate, the relevant ecological management programmes, the official Mexican standards and other applicable laws and regulations.
The Secretariat, with the participation of the Commission, will coordinate with the Secretariat of Agriculture, Livestock, Rural Development, Fisheries and Food, the policy of use of the soil to stabilize its agricultural use, including the rock, grave and burning system, developing permanent practices and preventing agricultural production from growing at the expense of forest land.
Land use change authorizations must be entered in the Register.
The Secretariat, with the participation of the Commission, will coordinate with various public entities, joint actions to harmonize and improve the programs of construction of the electrical, hydraulic and communications sectors, with compliance with the relevant standard.
ARTICLE 118. Those interested in the change of use of forest land, must prove that they granted deposit to the Fund, for the concept of compensation environmental for reforestation or restoration activities and their maintenance, under the terms and conditions laid down in the Regulation.
From Forest Health
ARTICLE 119. The Commission shall establish a permanent system for the assessment and early warning of the health status of forest land and shall disseminate it with the greater breadth and opportunity of its results; it will promote and support the research programs needed to solve the forest protection problems, in the framework of the Research System for Sustainable Rural Development, and will disseminate, with the support of the governments of the entities and the municipalities and Councils, measures for the prevention and management of pests and diseases.
The Secretariat will issue Mexican official rules to prevent, control and combat pests and forest diseases, as well as to assess damage, restore the affected area, establish follow-up processes and the obligations or facilities for those with existing management programs, and facilities for those who do not have them.
The agencies and entities of the federal public administration and, where appropriate, those of the governments of the entities and the municipalities, in the terms of the agreements and conventions to be concluded, perform their duties in a coordinated manner to detect, diagnose, prevent, control and combat forest pests and diseases.
It will be up to the Commission and, where appropriate, to the federative entities, to carry out forest sanitation actions.
ARTICLE 120. Plant health measures to be applied for the prevention, control and control of pests and diseases affecting resources and ecosystems foresters, will be conducted in accordance with the provisions of this Law, as well as the Federal Plant Health Law, in which it does not object to this Law, its Regulations and the specific Mexican official rules that are issued.
The Secretariat shall issue certificates and authorisations related to the application of phytosanitary measures for pest control and authorisations.
When it is necessary for forest health reasons to make use or elimination of forest vegetation, a program should be implemented to permit the afforestation, restoration and conservation of soils, the owners, holders or users being obliged to restore by natural or artificial regeneration within a period of no more than two years.
ARTICLE 121. The ejidatarios, comuneros and other owners or holders of forest or preferentially forest land, as well as the holders of authorisations for the use of forest resources, those who carry out afforestation or commercial forest plantations and reforestation, the forestry technical service providers responsible for the forest resources and those responsible for the use of forest resources; of the administration of protected natural areas, in the form of immediate detection of pests or diseases, shall be obliged to give notice to the Secretariat or to the competent authority of the federal entity. Those who hold forest harvesting authorizations and their forestry technical officers will be required to carry out the forest health work, in accordance with the treatments provided for in the Management Programs and the guidelines. provided to them by the Secretariat in the terms of the applicable provisions.
When forest health works are not implemented or whenever there is a serious risk of damage to the forest ecosystem, the Commission will carry out the work corresponding to the obliged, who will have to pay the respective consideration which will have the character of the tax credit and their recovery will be by means of the corresponding co-active economic procedure, except those that lack of resources request the support of the Commission.
Of Forest Fire Prevention, Combat, and Control
ARTICLE 122. The Secretariat will dictate the Mexican official rules that should govern the prevention, combat and control of forest fires, to evaluate the damage, restore the affected area and establish follow-up processes, as well as methods and forms of fire use in the surrounding forest and agricultural land.
Those who make use of the fire in contravention of the provisions of the above rules shall be subject to the sanctions provided for in this Law, without prejudice to the established in criminal law.
ARTICLE 123. The Commission will coordinate the actions of prevention, combat and specialized control of forest fires and promote the assistance of others. dependencies and entities of the Federal Public Administration, of the federal authorities and of the municipalities, in the terms of the distribution of powers and of the agreements or conventions to be concluded for that purpose.
The municipal authority will have to deal with the fight and control of fires; and if they exceed their operational capacity to respond, they will go to the state. If this is not sufficient, the Commission shall be informed, which shall act in accordance with the respective programmes and procedures. The National Forest Service shall define the relevant coordination mechanisms with the National Civil Protection System.
The Commission, as well as the governments of the entities and the municipalities, will seek the participation of the agencies of the social and private sectors, for the identified in the above paragraph and will organise ongoing campaigns for the education, training and dissemination of measures to prevent, combat and control forest fires.
Without prejudice to the foregoing, local legislation shall establish the coordination mechanisms between the entity and the municipalities in the field referred to in this Article. chapter.
ARTICLE 124. The owners and owners of the forest lands and, preferably, forest and their adjacent forest, who make the use of resources forestry, afforestation or commercial forestry plantations and reforestation, as well as the forest technical service providers responsible for the forest, and those in charge of the administration of protected natural areas, will be required to execute jobs to prevent, combat and control forest fires, in the terms of applicable Mexican official rules. Furthermore, all authorities and companies or persons involved in the extraction, transport and processing are obliged to report to the Commission the existence of the conatos or forest fires they detect.
ARTICLE 125. The owners, holders and users of land use land are obliged to carry out, in case of fire, the restoration of the the area concerned within the maximum period of two years, the plant cover affected by artificial afforestation must be restored when natural regeneration is not possible, with special attention being paid to the prevention, control and control of pests and diseases.
When the owners or owners of the damaged premises prove their impossibility to comply directly, they will be able to request the municipal authorities, state or federal, the support to carry out such works. Similarly, holders or holders of the affected premises who have not been responsible for the fire may request support for restoration work on terms which are established as economic instruments or are provided for in the the Regulation.
In the event of the expiry of the two-year period without the owner having proceeded to the restoration, the Commission shall carry out the relevant work with They will have to pay the respective consideration in the terms of the applicable provisions, which will have the character of tax credit and their recovery will be through the corresponding co-active economic procedure.
When owners, holders and users of forest land areas that have been affected by fire, have verified that the damage is one of The Commission will be able to call on the Commission to extend the period referred to in the first two paragraphs of this Article, as well as the management of support through the programmes, in order to ensure that the restoration process is greater than two years. federal and state applicable.
Conservation and Restore
ARTICLE 126. The Secretariat and the Commission, listening to the advice of the Councils and taking into account the requirements of recovery in degraded areas and the socio-economic conditions for the inhabitants of these countries, promote the development and implementation of economic programmes and instruments that are required to promote the conservation and restoration of forest resources and basins Water.
The actions of these programs and the economic instruments referred to in the preceding paragraph shall be incorporated into the Special Program for the Rural development, including short and medium-term budgetary forecasts, necessary for its implementation, giving preference to the owners themselves and holders of the forest resources for their implementation.
ARTICLE 127. When processes of degradation or desertification occur, or severe ecological imbalances in forest or preferentially forest land, the Commission shall formulate and implement, in coordination with the owners, ecological restoration programmes for the purpose of carrying out the necessary actions for the recovery and restoration of the conditions which lead to the recovery of the evolution and continuity of the natural processes that in them development, including the maintenance of the hydrological regime and the prevention of erosion and restoration of degraded forest soils.
Owners, holders, users, or users of forest or forestry land are obliged to carry out the restoration and conservation and those which the Secretariat may be required to do so. In the event that the latter demonstrate lack of resources, the Secretariat shall incorporate them into the support programmes which it instructs, in accordance with the allocations to this end, provided for in the Federation's Government Budget or, where appropriate, carry out the required works on their own, by agreement of the required ones.
ARTICLE 128. The Federal Executive, based on the technical studies that are prepared to justify the measure, prior to the technical opinion of the Councils and respecting the guarantee of hearing of ejido, comuneros and other owners or owners of the land concerned, as well as of the holders of authorizations for the use of timber forest resources and afforestation on such land, may decree, as a measure of exception, forestry vedas when:
I. justifiably constitute modalities for the management of forest resources included in the declaratory of protected natural areas;
II. Form part of the actions or conditions set for areas that are declared as ecological restore zones, or
III. Tengan as a purpose the conservation, repopulation, propagation, dissemination, acclimatisation or refuge of endemic, threatened, endangered forest species extinction or subject to special protection.
The fields in which forest harvesting or afforestation are carried out in accordance with the management instruments established in the This law, as long as biodiversity is not put at serious and imminent risk, according to the criteria and indicators that will be issued.
In the latter case the ban will have a precautionary nature, it should refer specifically to the respective management program and may only cover the fraction of the area afforestation affected by the risk of biodiversity. The Secretariat will request the holders to modify the respective management programs, segregating the affected areas from the same. This will also establish a program that aims to attack the causes that cause the closure and to assure the term of the closure that these causes will not be repeated.
The closed projects must be published in the Official Journal of the Federation, and will be notified in advance to potential affected persons on a personal basis when know their addresses; otherwise, a second publication shall be made which shall have the effect of notification.
Decrees that establish forest closures, will specify the characteristics, temporality, exceptions and limits of forest areas or resources, as well as as, if any, the measures that the Federal Executive will take to support the affected communities. These decrees will be published twice in the Official Journal of the Federation and, for only one time, in the most circulation newspapers of the states of the Federation and the Federal District where the land and forest resources are located. vedados.
The agencies and entities of the Federal Public Administration and, where appropriate, those of the governments of the states of the Federal Republic, the Federal District and the Federal District municipalities, in the terms of the agreements and conventions to be concluded, shall cooperate to ensure that the forest closures are met.
ARTICLE 129. For restoration and conservation purposes, the Secretariat, listening to the technical opinion of the Councils and the National Water Commission, will declare areas of protection in those areas, banks of rivers, broken, permanent streams, banks of lakes and natural reservoirs, banks of lakes or artificial reservoirs built by the State and its institutions, areas of recharge and Aquifers, with limits, extensions, locations, and relevant requirements, on the basis of criteria, indicators or the Official Mexican Standard.
In all cases, owners, owners, users or users of the corresponding premises must be heard beforehand.
The prediums within these protection areas are considered to be dedicated to a function of public interest. In case such areas are deforested, regardless of the legal status to which they are subject, they shall be restored by the implementation of special programmes.
To this end, the Commission will coordinate the preparation of the relevant technical studies with the participation of the interested parties in the attention of the interested parties. state, municipal and public governments, as well as owners and owners, and propose to the Secretariat the issuance of the respective declaratory.
ARTICLE 130. The Secretariat will issue official Mexican rules to prevent and control overgrazing in forest lands; determine coefficients of agosstadero; assess damage to soils and pastures; regulate the processes of reforestation and restoration of affected areas; and to reconcile silvopastorite activities.
From Reforestation and Forstation to Conservation and Restore Fines
ARTICLE 131. The reforestation that is carried out for conservation and restoration purposes, afforestation activities, and agroforestry practices in Degraded areas of forest vocation will not require authorization and will only be subject to official Mexican standards, in terms of not causing a negative impact on biodiversity.
The reforestation actions to be carried out in the forest lands subject to the use of the forest will have to be included in the corresponding forest management program. The forestry technical service provider who, where appropriate, serves as the technical officer shall be responsible for the implementation of the programme in this respect, together with the holder.
The three government orders will be coordinated so that, in the field of their respective competencies, they will implement reforestation programs, as well as for monitoring and monitoring of the same. Reforestation with native or native forest species will be boosted. The official Mexican standard will define the species of exotic forest vegetation, which due to its biological characteristics affect the processes or patterns of distribution of native forest vegetation in forest and preferentially forest lands, whose authorization is prohibited.
The afforestation or afforestation of the cut areas will be a priority action in the pre-dial, zonal or regional management programs.
For the purposes of this Chapter, the fire zones, especially those which have suffered repeated fires, are considered to be a priority. In the reforestation programs promoted and supported by the Commission, emphasis will be given to the demand and needs of farmers and society; to specify in each type of reforestation according to their objectives, species to be planted and to reproduce in the nurseries, goals to be achieved especially in terms of plant quality and greater survival on the ground; as well as to establish a system of incentives for reforestation and its maintenance during the first years on the basis of assessment results.
ARTICLE 132. The Commission, in coordination with the agencies and entities of the Federal Public Administration, will promote the development of a system of Forest genetic improvement, with the evaluation and registration of parents, the creation of areas and seed gardens, forest nurseries of timber and non-timber, and germplasm banks, sponsoring their operation by the governments of the entities (a) the Commission, in the form of a 'European Commission', ' the European Commission's forest land or holders of permits for the use of timber and non-timber forest resources, afforestation and commercial plantations, organized in the Forest Management Units, giving intervention to those responsible of forestry technical services.
Forest Environmental Services
ARTICLE 133. Under international treaties and applicable national provisions, the Secretariat shall promote the development of instruments economic for the conservation and improvement of environmental goods and services that pay benefits of public interest, generated by the sustainable forest management carried out by the owners and legitimate owners of the forest lands.
ARTICLE 134. The Secretariat will promote the training of professionals or technicians, as well as companies, which are trained to certify, evaluate and monitoring the conservation and improvement of environmental goods and services, for the provision of technical advice and training to the holders of forest exploitation in the field, and for linking them with the users or beneficiaries of the environmental goods and services, as well as corresponding economic instruments at international national level.
ARTICLE 134 Bis. The owners and legitimate owners of forest land that, as a result of sustainable forest management, maintain and/or improve environmental services, shall receive the economic benefits derived therefrom.
The legal and environmental policy instruments to regulate and encourage the conservation and improvement of environmental services must ensure respect for safeguards recognized by international law, as well as the following:
I. Free, prior and informed consent of ejidos, communities, and indigenous peoples;
II. Equal benefits distribution;
III. Certainty and respect for the rights of property and legitimate possession and access to the natural resources of the owners and legitimate holders of the land;
IV. Inclusion and territorial, cultural, social and gender equity;
V. Plurality and social participation;
VI. Transparency, access to information and accountability;
VII. Recognition and respect for internal organization forms, and
VIII. Transversality, integrality, coordination and complementarity between policies and instruments of the three government orders.
From Risk and Damage to Forest Resources, Environment, Ecosystems or their Components
ARTICLE 135. When the Secretariat, based on technical studies, determines the existence of a risk to forest resources, the environment, ecosystems or its components, shall require by notification to the ejido, community and other owners or owners of forest or preferentially forest land, the performance of the activities necessary to avoid the risk situation, with the warning that in the event of not performing them in the term To this end, the Secretariat shall carry out the relevant work under the obligation. The amount of the relocations to be carried out shall be considered as tax credit, which shall be recoverable through the competent authority through the co-active economic procedure.
ARTICLE 136. The provisions of the preceding article shall apply regardless of whether or not the authorizations, permits or licenses are granted. or damage to the resources and property referred to in this Article.
In the same way, it shall be without prejudice to the administrative sanctions which may be imposed and the penalties or penalties incurred by those responsible, compliance with applicable legal provisions.
Any natural or moral person who directly or indirectly causes damage to forest resources, ecosystems and their components will be required to repair it or compensate, in accordance with the provisions of the Federal Environmental Liability Act.
PROMOTING FOREST DEVELOPMENT
From the Economic Instruments of Forest Development
Of Economic Incentives
ARTICLE 137. The measures, programmes and economic instruments relating to the development of forest activity shall be subject to the provisions of the laws of Revenue, Budget of the Federation and the Budget, Accounting and Public Expenditure of the Federal Government and the Budget of the Federation for the fiscal year that corresponds and will have to ensure its effectiveness, selectivity and transparency and may consider the establishment and linkage of any fiscal, financial and market regulatory or administrative mechanism established in other laws, including fiscal stimulus, credit, securities, insurance, funds and trusts, as well as authorizations in the field of forestry, when they meet or enable the achievement of the priority objectives and objectives of forestry promotion and development. In any case, economic programmes and instruments should provide for the effective and sufficient channelling of support to promote forestry activities.
Without prejudice to other legal provisions, with respect to the coordination in the field between the public and private sectors and the various orders of The Commission shall, in the field of its competence, conduct, conduct, coordinate or participate in the implementation, award and evaluation of the measures, programmes and instruments referred to in this Article.
ARTICLE 138. The Secretariat of Finance and Public Credit, and the Commission, will design, propose and implement measures to ensure that the State, the society and the They contribute financially to the realization, conservation, protection, restoration, monitoring, forestry, management and sustainable management of forest ecosystems.
The Federation will establish fiscal stimulus and create appropriate credit instruments for financing forestry activity, including interest rates. preferential. In order to reduce the risks associated with forest production, the Federation shall establish the appropriate instruments for the long-term assurance of forest production.
The Federation will guarantee support mechanisms to boost sustainable forest development, such as those for the Forest Development Program, to the Program of Commercial Forestry Plantations and the Reforestation and Conservation of Soils, and others to be established. It will also seek to expand the allocated amounts and the constant improvement of their respective allocation and evaluation schemes, preferably based on the needs and priorities of the Forest Management Units and the owners. foresters.
The Federal Legislative Branch will allocate annually the necessary items to address the operation and operation of the aforementioned support programs.
In the case of third parties directly or indirectly benefiting from the existence of a forest cover, the Federation may set quotas for the compensation of environmental goods and services.
ARTICLE 139. The Federation, the Federative Entities, within the scope of their respective competences and listening to the opinion of the Council, shall design, develop and implement economic instruments that encourage compliance with the objectives of forest policy, and by which it will be sought as a matter of priority and non-limiting:
I. Increase forest productivity in regions and areas with predominantly commercial forests and forests or for domestic use;
II. Restoring degraded forest lands;
III. Support the assessment and production of environmental goods and services;
IV. The execution of forest owners ' forest fire and sanitation prevention and combat actions;
V. In reforestations and forestations, improve quality and elevate plant survival on the ground;
VI. Training, training, and continuous assessment of forest technical service providers;
VII. The impetus for community participation in forest zoning or ecological management, as a basis for Forest Management Programs;
VIII. The elaboration, implementation and monitoring of timber and non-timber forest management programs and commercial forest plantations by the forest owners;
IX. The development of community forestry and the application of forest management methods, practices and systems;
X. Promoting certification processes;
XI. The training of forest owners;
XII. Promote forest and agroforestry farm exchanges;
XIII. Strengthening forest owners ' management capabilities, driving the use and marketing of new timber species and products and non-timber;
XIV. Legal, administrative, technical and economic advice and training to micro and small enterprises for primary industrialization and development forest products and by-products and their marketing, as well as the development and integration of the production chain;
XV. The establishment of long-term support programmes that provide for all stages of the forest production cycle;
XVI. Planning and construction of forest infrastructure;
XVII. The development and application of extraction and exploitation systems, through the use of technological equipment that increases productivity and minimises impacts to the ecosystem and promote conservation and improvement of the forest, water and soil;
XVIII. The development of special promotional financing mechanisms that take into account the long-term formation of the forest product, the low rates of interest generated by its slow growth and the risks of its production;
XIX. The promotion of culture, continuing education and forestry training, and
XX. Support for research, technological development, scientific dissemination and the transfer of knowledge and technologies, promoting the mechanisms of links between academics or researchers and users of services and the use of research.
The instruments to be applied shall observe the provisions contained in international trade agreements and treaties to which Mexico is a party.
ARTICLE 140. The Commission shall promote and disseminate at national, regional or local level, as appropriate, the measures, programmes and economic instruments to which it is refers to this chapter, with the aim of reaching out in a timely manner to the interested parties. Similarly, it should establish the necessary advisory mechanisms to facilitate the access of the respective instruments.
ARTICLE 141. Within the economic incentives, a bond can be created to demonstrate the conservation of the forest resource by the Mexican Forest Fund according to the availability of resources, in order to give back to owners or holders of forest land for the environmental goods and services generated.
The respective regulations will determine the issuance and allocation procedures of these bonds, which will have the character of nominative credit titles and, They will acquire some of the forms established by the General Law on Credit Titles and Operations.
From The Mexican Forest Fund
ARTICLE 142. The Mexican Forestry Fund will be the instrument to promote conservation, increase, sustainable use and restoration of forest resources and their associated resources, facilitating access to financial services on the market, promoting projects that contribute to the integration and competitiveness of the productive chain and develop mechanisms for the collection and payment of environmental goods and services.
The Mexican Forestry Fund will operate through a Joint Committee, in which there will be a balanced and proportionate representation of the federal public sector, as well as the private and social organisations of forestry producers.
The existence of the Fund does not limit the creation of various private or social funds that have a direct relationship with forest development.
ARTICLE 143. The Mexican Forestry Fund can be integrated with:
I. The contributions made by the Federal, State, Federal District and municipal governments;
II. Credits and supports from national and international agencies;
III. The contributions and donations of private, mixed, national and international natural or moral persons;
IV. Contributions from tariffs that are imposed on imported forest goods;
V. The product of your operations and the investment of free funds in commercial or public sector securities;
VI. Five percent of the amount of the certified bond, as referred to in Articles 114 and 141 of this Act;
VII. The collection for environmental goods and services and for technical assistance;
VIII. The transfer of resources from the users of the hydrological basins, and
IX. Other resources that you obtain for any other concept.
The resources that the Mexican Forestry Fund will obtain for the collection of environmental goods and services will be delivered directly to the providers of these services and a part will be used to cover the costs of this operation.
The contributions that private individuals or moral individuals make to the Mexican Forestry Fund will be deductible from the Income Tax.
Infrastructure for Forest Development
ARTICLE 144. The Federation, through the competent agencies and agencies, in coordination with the governments of the federal entities and the municipalities, promote the development of infrastructure for forest development, in accordance with the mechanisms provided for in the Sustainable Rural Development Law, which will consist of:
II. Hydraulic works;
III. Soil and water conservation works;
IV. Construction and maintenance of forest paths;
V. Torres for forest fire detection and combat, and
VI. Other that are determined as utility and public interest.
In order to achieve the integrality of forest development, in the expansion and modernization of the infrastructure, the needs of the social and social fields will be addressed. Economic and social cohesion in regions, basins, sub-basins and areas.
The development of the infrastructure shall be subject to the provisions of Chapter I of Title V of this Law and other applicable provisions.
The Secretariat of Finance and Public Credit will promote tax incentives for those who invest in infrastructure referred to in fractions III, IV and V of the Article.
ARTICLE 145. The Commission shall coordinate with the Secretariats and entities of the Federation that are responsible for the functions of promoting the electrification, hydraulic development, soil and water conservation, road infrastructure and the expansion of rural communication, so that the promotion of actions and works will respond to concepts of integral development.
The Commission will coordinate with the Secretariat of Communications and Transport and the Governments of the Federative Entities, an effort to promote road infrastructure in the forest regions of the country, with the primary mission of capturing and placing resources for projects of openness, improvement, conservation and paving, promoting the participation, collaboration, contribution and execution of the different productive sectors, monitoring their development; forming committees of forest roads, which may have their own machinery.
The competent authorities will monitor that the construction of electricity networks, hydraulic works and roads in forest lands cause the least damage to ecosystems. foresters, respecting the density of the network of forest roads and gaps.
The specifications for mitigating impacts will be established in the corresponding Mexican official standards.
Sustainable Forest Development Research
ARTICLE 146. The Commission will coordinate efforts and actions in the field of research, development, innovation and technology transfer. the country's productive and forestry industry and, with the opinion of the relevant Councils, will provide in the field of forest research:
I. Formulate and coordinate forest research policy and the country's National Forest Technology Research and Development Program, based on the Research centres and higher education institutions dedicated to forestry;
II. Identify priority forest areas and projects in which research, development, innovation, and research activities need to be supported. Forest technology transfer;
III. Create and coordinate mechanisms through which funding is granted for specific projects to public higher education institutions or private, research or study centres, and public and private institutions that demonstrate the capacity to carry out research, development and technological innovations in forestry;
IV. To assist in the creation of programs with the objective of other public and private institutions, national and foreign, to allocate resources to activities of technological research, development and innovation;
V. Integrate and coordinate research, results obtained or products generated with those of other institutions linked to the study, the exploitation, conservation and protection of natural resources;
VI. Promoting research and technological development in forestry, particularly in those institutions directly linked to the Commission, with higher education institutions, institutes, bodies and institutions that demonstrate their contribution to improving forest activity;
VII. Promote technology transfer and the results of forest research required to preserve, protect, restore and optimize and sustainable the country's forest resources;
VIII. Promote scientific and technological exchange among researchers and academic institutions, research centers and educational institutions higher country, as well as with other countries, and
IX. Promote participatory research with farmers, producers, forestry and industrial service providers.
In the formulation and coordination of the forest research policy and the country's National Program for Forest Technological Research and Development, the Commission consider the proposals of other parastatal entities, governments of the entities, state councils of science and technology, dependencies, institutes, institutions of higher education, as well as of the productive and industrial sectors.
The National Institute for Forest, Agricultural and Livestock Research will coordinate its conduct with the Commission in the design of the policies and programmes of Research and forestry technological development carried out by the Institute in order to ensure its congruence with the National Program of Forest Technology Research and Development.
Of Forest Culture, Education and Training
ARTICLE 147. The Commission in coordination with the competent agencies of the Federal Public Administration and the corresponding states and the District Federal, organizations and public, private and social institutions will carry out in the field of forest culture the following actions:
I. Promote and conduct permanent broadcast campaigns and special events aimed at achieving the organized participation of society in inherent programs sustainable forest development;
II. Encourage the collection, analysis and dissemination of successful forest research at regional, national and international levels;
III. Setting up spaces to raise the level of forest culture, education and training;
IV. Promote the updating of programmatic content in the field of forest conservation, protection, restoration, and use national education, strengthening and promoting forest culture;
V. To promote the dissemination, use, respect and recognition of customs, traditions and cultural practices of indigenous peoples and communities. live in forest regions;
VI. Contribute to the design, formulation, elaboration and publication of educational communication materials and updated technical guides, which reorient the relationship between the society and the forest;
VII. Encourage the formation of volunteer forest trainers and promoters;
VIII. Promote the forest policy criteria provided for in this Law, and
IX. Other that are of interest to develop and strengthen forest culture.
ARTICLE 148. In matters of education and training, the Commission, in coordination with the Secretariat of Public Education and with other agencies or entities The competent authorities of the three government orders, as well as the social and private sectors, shall carry out the following actions:
I. Promote training, training and overcoming of forestry technicians and professionals for all forest ecosystems in the country, paying attention to those where there are missing such as in temperate forests and altered tropical rainforests, wet tropics and low forests;
II. Recommend the constant updating of forestry and related career curricula, which are provided by public or private schools;
III. Organize continuous training and upgrade programs for federal, state, and municipal forestry public servants;
IV. Support the training, training, and updating of Forest and Environmental Technical Service providers;
V. To promote forest education and training programs aimed at forest owners and producers, as well as the population of forest regions, in conservation, protection, restoration and sustainable use of forest resources, as well as contingency, emergency and forest fires;
VI. Formulate scholarship programs for forest training and training, and
VII. Promote job competence and certification.
The above actions will be considered as enunciative and non-limiting.
SOCIAL PARTICIPATION IN FORESTRY
From the Right to Information, Social Participation and the Coalition in Forest Matter
ARTICLE 149. Every person shall have the right to have the information requested by the forest authorities at their disposal in the intended terms by the laws.
ARTICLE 150. The Federal Executive, through the Secretariat and the Commission, according to its powers, will promote the participation of society in the planning, design, implementation and evaluation of the forest policy programs and instruments referred to in this Law, based on the National Democratic Planning System, convening the organizations of farmers, forestry producers, industrial, agricultural and indigenous communities, institutions education and research, social and private groupings, associations or individuals related to forestry technical services and other interested persons to express their views and proposals in respect of programmes and national, regional, state, district or municipal forest policy instruments.
ARTICLE 151. Agreements and agreements that the Commission holds with natural or moral persons in the public, social or private sector may be covered by agreements and agreements on all aspects considered in the forest development planning instruments, as well as on forest surveillance and other operational forest actions provided for in this Law.
These agreements and agreements will take into consideration the relationship and integration that occurs between the forest and the industry, between the sector that owns the mountain with the sector private in industry, or competitiveness, in which private, peasant, business and government groups define the programs to be solved in the short, medium and long term.
ARTICLE 152. The Council or the Councils referred to in Chapter II of this Title, as appropriate, may propose to the Secretariat and the Commission. to promote the participation of the social and private sectors in the planning and implementation of activities aimed at increasing the quality and efficiency of conservation, production, protection, restoration, management, exploitation, management, industrialization, marketing and forestry development sustainable of the region, state or municipality concerned. They will also propose rules and participate in the consultation of Mexican official standards.
The owners of natural resources, ejidos, communities, small owners, producer organizations, and other interested persons, will be able to make proposals policies for development, financing and promotion in forestry, which will be concerted with the Commission, with the competent agencies of the Federal Public Administration and with the governments of the federal entities, for their application.
ARTICLE 153. The Federation shall encourage the voluntary conservation, protection and restoration actions carried out by individuals through:
I. The conclusion of agreements between the Commission and individuals, in order to constitute forest reserves, providing for the aspects relating to their administration and the rights of land and forest owners;
II. The measures which the Commission considers, after the Council's opinion, to contribute in a special way to the conservation, protection and restoration of the forest biodiversity, and
III. The determination of the commitments they contract and the obligations they assume, in the terms of the forest management programs, afforestation notices, and commercial forest plantation management program referred to in this law.
ARTICLE 154. The Commission for the implementation of the activities provided for in this chapter, will promote the creation of enterprises for the use of forestry This will have to be coordinated with the agencies of the Federal Public Administration and with the governments of the states of the Federal Republic of Germany. The Federal District and the municipalities, in order to support the work of the sector social and private in this field.
From the Councils on Forest Matter
ARTICLE 155. The National Forestry Council is hereby established, as an advisory and advisory body in the matters that it points to this law and in which it is ask for your opinion. It will also serve as an advisory, monitoring, monitoring, evaluation and monitoring body for the implementation of the forest policy criteria and the forest policy instruments provided for in this Law. You will invariably have to be asked for your opinion on forest planning, regulations and standards.
ARTICLE 156. The Council's Rules of Procedure shall establish the composition and functioning of the Council, in which they shall be among others, and in the number and form to be determined, representatives of the Secretariat, the Commission and other agencies and entities of the Federal Public Administration concerned, as well as representatives of the forestry technical service providers, institutions Academic and research centres, groups of owners foresters and employers, non-governmental organisations and organisations of a social and private nature, relating to forestry.
The Regulation will specify the procedure in which the call for proportional and equitable incorporation of the professional, academic, social, ejidos, indigenous communities, small owners and industrialists, and other non-governmental forest-related, public, proportional and equitable.
This Council shall be chaired by the holder of the Secretariat, and shall have an alternate chair from the head of the Commission, a Technical Secretary appointed by the Secretary-General. the holder of the Commission, as well as an alternate member of the Commission who shall be appointed by the holder of the Secretariat.
ARTICLE 157. The Secretariat and the Commission, together with the governments of the federative entities and the municipalities, will promote the integration of Forest Councils. Regional and State, as consultative, advisory and concertation bodies, in matters of planning, supervision, evaluation of policies and exploitation, conservation and restoration of forest resources. They should be asked for their opinion on Mexican official standards.
They will be able to participate representatives of the agencies and entities of the Federal Executive Branch, the governments of the Federative Entities and the Municipalities, ejidos, indigenous communities, small owners, forestry technical service providers, industrialists, and other related natural or moral persons and interested in each of the demarcations. The linkage with the Councils for Sustainable Rural Development will be established in the areas provided for by the Sustainable Rural Development Law.
In the local laws that are issued in this field, the composition and powers of the State Forestry Councils shall be established, without prejudice to the powers that This Law grants them.
In the constitution of these Councils, the proportional and equitable representation of their members will be promoted and their internal operating rules will respond to the needs, demands, customs and interests of each territory or demarcation.
The Secretariat and the Commission shall promote and facilitate the communication of national, regional or state Councils within the framework of the National Forest Service.
OF THE MEDIA CONTROL, SURVEILLANCE AND FOREST SANCTION
Forestry Prevention and Surveillance
ARTICLE 158. The prevention and monitoring of forests, by the Secretariat through the Federal Office of the Protection of the Environment, will have as a primary function the safeguarding and patrolling of forest resources and ecosystems, as well as the prevention of of administrative infringements of the forest order.
The Federation, in coordination with the Governments of the States and with the collaboration of organized forest owners, indigenous communities, governments Municipal and other public institutions will formulate, operate and evaluate comprehensive programs for the prevention and combat of illegal logging, especially in the previously diagnosed critical zones, in order to confront it with various actions, as well as to prevent undue acts of land use change, traffic of forest species and resources, forest land extraction, or transport, storage, processing or illegal possession of forest raw materials.
From Popular Denunciation
ARTICLE 159. Everyone may report to the Secretariat or to other authorities, any event, act or omission that produces or may produce disequilibrium. ecological ecosystem or damage to forest resources, or contravenes the provisions of this Law and others that regulate matters related to forest ecosystems, their resources or environmental goods and services associated with these.
The complainant shall provide all evidence to support his complaint and shall be directed in accordance with the procedure laid down in the General Law. Ecological Balance and Environmental Protection.
The complaints referred to in this article must be taken to the Office of the Attorney General for Protection and the Environment for the appropriate procedure.
Of Inspection Visits and Operatives
ARTICLE 160. The Secretariat, through the authorized personnel, will carry out visits or inspection operations in forestry, in order to verify the compliance with the provisions of this law, its regulations, applicable Mexican official rules and other provisions derived therefrom.
Owners and holders of forest or preferentially forest land, holders of permits for the use of timber forest resources, those who carry out afforestation and reforestation activities, as well as persons transporting, storing or processing forest raw materials, shall provide facilities to authorized personnel for the conduct of visits or operations of inspection. Otherwise, the security measures and penalties provided for in this Law and the other applicable provisions shall apply.
The Secretariat will have to observe in the development of the inspection procedures, the formalities that for the matter the General Law of the Ecological Balance and the Protection of the Environment.
When of inspection visits or operations it is determined that there is imminent risk of serious damage or deterioration to forest ecosystems, or when acts, acts or omissions may result in the imposition of the confiscation as an administrative penalty, any of the security measures provided for in Article 161 of this Law may be taken and shall be carried out in accordance with the provisions of Chapter IV of this Title.
Of Security Measures
ARTICLE 161. When of the inspection visits or operations referred to in the previous Article, it is determined that there is imminent risk of serious damage or deterioration to the forest ecosystems, or where acts or omissions may result in the imposing administrative penalties, the Secretariat may order the following security measures:
I. The precautionary assurance of forest products and raw materials, as well as goods, vehicles, utensils, tools, equipment and any instrument directly related to the action or omission that causes the imposition of this measure;
II. The temporary, partial or total closure of installations, machinery or equipment, as appropriate, for the use, storage or processing of forest resources and raw materials or sites or facilities where acts likely to harm biodiversity or natural resources are developed, and
III. The temporary, partial or total suspension of the authorized use or the activity in question.
In the judgment of the authority, it may be designated to the inspected as depositary of the insured goods, provided that the goods are guaranteed to give them an adequate care.
The Secretariat may give final destination to the timber or non-timber products secured in a precautionary manner and the economic resources obtained will be deposited until the legal procedure is resolved and, once the judgment has been issued and the resolution causes effects, these resources will be delivered to the benefit of the meaning of the resolution. The Regulation will determine the mechanisms for implementing this provision.
ARTICLE 162. When any or some of the security measures provided for in the previous article are imposed, the actions to be taken shall be indicated, if appropriate. carry out to remedy the irregularities that motivated them, as well as the time limits for making them, so that, once satisfied, the withdrawal of the same is ordered.
Of The Infractions
ARTICLE 163. These are violations of this law:
I. Performing in forest or preferentially forest land any type of works or activities other than the forestry activities inherent in its use, in violation of this law, its regulations or applicable Mexican official rules;
II. Hindering authorized personnel for conducting inspection visits;
III. Carry out the use of forest resources, afforestation and reforestation, in contravention of the provisions of this law, its regulations or of applicable Mexican official standards;
IV. Establishing commercial forest plantations to replace the current native primary vegetation of the forest lands, except for the cases identified in this law, in violation of this law, its regulation, applicable Mexican official rules or authorizations to be issued for that purpose;
V. Establishing agricultural crops or grazing on forest land, without attachment to the provisions contained in the authorized management program or in contravention of the applicable Mexican regulations or official rules;
VI. For non-compliance with the conditions outlined in the authorizations for forest management programs;
VII. Change the use of the forest land, without the corresponding authorization;
VIII. Skip to perform fire protection guards on preferentially forested land, as provided for in this Act;
IX. To carry out the quemas in agricultural land in a negligent manner that promotes the spread of fire to neighboring forest lands;
X. Extract forest land, in violation of the provisions of this Law, Mexican official rules or other laws and regulations applicable, or any action that would compromise the regeneration and productive capacity of the forest land;
XI. Carage of documentation or control systems established to accredit the legal provenance of forest raw materials, obtained in the Respective commercial forest harvesting or planting;
XII. Incompliance with the obligation to give the notices or submit the reports referred to in this law;
XIII. Transporting, storing, transforming or owning forest raw materials, without having the documentation or control systems established to credit their legal provenance;
XIV. Amend forest raw materials that would not have been obtained in accordance with the provisions of this law, its regulations or official rules Applicable mexican, in order to simulate their legal provenance;
XV. Perform acts or omissions in the provision of the technical services that lead to or cause the commission of any of the violations provided for in this law;
XVI. Preserve forest technical services without having previously obtained the inscriptions in the corresponding records;
XVII. Contravenir the provisions contained in the decrees establishing forest paths;
XVIII. Avoid preventing, combating, or controlling, being legally bound for it, pests, diseases, or wildfires;
XIX. Refusal, without justified cause, to prevent or combat pests, diseases or forest fires affecting forest vegetation, in contempt of mandate legitimate authority;
XX. Skip to perform work in accordance with the provisions of this law, in view of the existence of pests and diseases and wildfires that are detected;
XXI. Intentionally or recklessly provoking fires on forest or preferentially forest land;
XXII. Use more than once, improperly alter or requisition, documentation or control systems set for the transport or marketing of forest resources;
XXIII. Depose hazardous waste in forest or preferentially forest land, without the authorization properly issued for it, and
XXIV. Any other violation of the provisions of this Law.
ARTICLE 164. The violations established in the previous article of this law shall be administratively sanctioned by the Secretariat, in the resolution terminating the respective inspection procedure, with one or more of the following penalties:
II. Imposition of fine;
III. Temporary, partial or total suspension of authorizations for the use of forest resources or commercial forest planting, or of registration registration or of the activities in question;
IV. Revocation of registration authority or registration;
V. Confiscation of the forest raw materials obtained, as well as the instruments, machinery, equipment and tools and means of transport used to commit the infringement, and must consider the destination and protection of the goods seized, and
VI. Temporary or permanent closure, partial or total, of the facilities, machinery and equipment of the storage and processing of raw materials foresters, or sites or installations where the activities leading to the respective infringement are carried out.
In the case of fractions III and IV of this article, the Secretariat shall order the registration of the corresponding suspension or revocation in the Forest Register National.
ARTICLE 165. The imposition of the fines referred to in the previous article shall be determined as follows:
I. With the equivalent of 40 to 1,000 times of minimum wage to the one who commits the infractions mentioned in the fractions V, VI, VIII, XII, XV, XVI, XVIII, XX and XXIV of Article 163 of this Law, and
II. With the equivalent of 100 to 20,000 times of minimum wage to the one who commits the infractions identified in the fractions I, II, III, IV, VII, IX, X, XI, XIII, XIV, XVII, XIX, XXI, XXII, XXIII of article 163 of this law.
For the imposition of the fines will serve as the basis of the daily general minimum wage in force for the Federal District at the time of the infringement.
Reincidents will be applied twice as many as the fines provided for in this article, as appropriate.
The Secretariat, basing and fully motivating its decision, may grant the infringer the option to pay the fine or to carry out equivalent works or investments in conservation, protection or restoration of forest resources, provided that the obligations of the infringer are guaranteed, this is not a repeat incident and is not a matter of irregularities involving the existence of imminent risk of harm or severe deterioration of forest ecosystems.
ARTICLE 166. Violations of this law will be sanctioned by the Secretariat, taking into consideration the seriousness of the offence committed and:
I. Damage that occurred or might occur as well as the type, location, and quantity of the damaged resource;
II. The benefit directly obtained;
III. The intentional or non-intentional character of the action or omission;
IV. The degree of participation and intervention in the preparation and realization of the infringement;
V. The economic, social, and cultural conditions of the offender, and
VI. The recidivism.
ARTICLE 167. When the Secretariat determines through the inspection visits, that there is damage to the ecosystem, it will impose as a minimum sanction the person responsible execution of the corresponding restoration measures.
When a single inspection report shows that a number of infringements have been committed, they must be individually sanctioned. The minutes which are raised in cases of flagrant breach must accurately state this.
The warning will only apply to first-time offenders, at the discretion of the Secretariat and will serve as support to increase the financial penalty to the repeat.
ARTICLE 168. When the seriousness of the breach warrants it, the Secretariat will ask the authorities to grant them, the suspension, modification, revocation or cancellation of the grant, permit, license and in general of all the authorizations granted for the performance of the activities described as infractions. This allocation shall be exercised directly by the Secretariat when it is appropriate to grant the respective instruments.
Similarly, the Commission may promote to the competent federal or local authorities, on the basis of the studies it produces, the limitation or suspension of the the installation or operation of industries, shops, services, urban development, tourism or any activity affecting or likely to affect forest resources.
ARTICLE 169. They are responsible for the violations, who intervene in their preparation or execution.
ARTICLE 170. For the purposes of this law, the offender who incurs more than once in conduct involving violations of the same shall be deemed to have been referred to. a period of five years from the date of the release of the record of the first infringement, provided that the first infringement has not been infringed.
Of the review facility
ARTICLE 171. Against acts and resolutions given in administrative proceedings in connection with the application of this Law, its rules and regulations Mexican officials, who from her emanate, will be subject to the provisions of the Federal Law of Administrative Procedure.
TRANSITIONAL PROVISIONS OF THE GENERAL LAW ON SUSTAINABLE FOREST DEVELOPMENT
FIRST.- The Forest Law published in the Official Journal of the Federation dated December 22, 1992, with its subsequent reforms, is repealed; and repeal all provisions that oppose or contravene this Law.
SECOND.- This Law will take effect on the ninety days of its publication in the Official Journal of the Federation.
THIRD.- As long as the Legislatures of States dictate laws, and the Councils of Regulations and Sides to regulate matters that according to this They are responsible for the implementation of this law at the local level, coordinating with the state authorities and, with their participation, with the municipalities concerned, as the case may be.
FOURTH.- The authorizations issued prior to the publication of this Law must conform to the respective authorization, and the procedures and Requests that are in the process will continue to be processed in the terms of the Law that is repealed.
QUINTO.- The Secretariat, within a period of four months, counted from the entry into force of this law shall transfer the economic resources, materials and humans to the Commission that correspond to the exercise of the functions it assumes, in order to enable it to comply with the privileges granted in this Law.
SIXTH.- As long as the organic status, regulations and other administrative arrangements for the operation and operation of the Commission are not issued, continue to apply those in force in so far as they do not object to this Law. The situation of the staff of that body shall be governed by the provisions relating to decentralised bodies.
SEVENTH.- The Secretariat, in coordination with the Commission, will formulate and implement a special programme for States and the Federal District, upon request, assume the privileges to which they are assigned under this Law.
EIGHTH.- The National Forest Service shall be installed at the request of the holder of the Secretariat, within a term not exceeding six months after the the entry into force of this Law.
NINTH.- The Regulation of this Law and the provisions relating to the operation of the Forest Development Promoters, as well as systems and schemes A single window referred to in this Law shall be issued in a term not exceeding nine months from the entry into force of this Law.
DECIMAL.- In the performance of the actions leading to compliance with this Decree, the rights and obligations previously incurred shall be respected third parties, as well as workers ' rights.
TENTH FIRST.- The Secretariat will establish institutional evaluation and strengthening mechanisms to promote decentralization and federalization of functions according to the capabilities of the States and the Municipalities and the Federal District to exercise them.
SECONDS TO FOURTH.- ..........
TRANSITIONAL ARTICLE OF REFORMS AND ADDITIONS TO THE GENERAL LAW OF ECOLOGICAL BALANCE AND PROTECTION OF THE ENVIRONMENT; ORGANIC LAW OF THE FEDERAL PUBLIC ADMINISTRATION; AND LAW OF AWARDS, STIMULI AND CIVIL REWARDS.
ONLY ARTICLE. ..........
Mexico, D.F., on December 13, 2002.-Sen. Enrique Jackson Ramirez, President.-Dip. Beatriz Elena Paredes Rangel, President.-Sen. Lydia Madero Garcia, Secretary.-Dip. Adela Cerezo Bautista, Secretary.-Rubicas".
In compliance with the provisions of Article 89 of the Political Constitution of the United Mexican States, and for their due publication and observance, I request the present Decree in the Federal Executive Branch, in Mexico City, Federal District, at twenty-one day of the month of February of two thousand three.- Vicente Fox Quesada.-Heading.-The Secretary of the Interior, Santiago Creel Miranda.-Heading.
DECREE amending Article 20 of the General Law on Sustainable Forest Development.
Published in the Official Journal of the Federation on March 26, 2015
Article Unique.- Article 20 of the General Law on Sustainable Forest Development is reformed to remain as follows:
Unique.- This Decree shall enter into force on the day following that of its publication in the Official Journal of the Federation.
Mexico, D.F., on February 24, 2015.-Sen. Miguel Barbosa Huerta, President.-Dip. Silvano Aureoles Rabbit, President.-Sen. Rosa Adriana Díaz Lizama, Secretary.-Dip. Merilyn Gomez Wells, Secretary.-Headings."
In compliance with the provisions of Section 89 of the Political Constitution of the United Mexican States, and for their due publication and observance, I ask for this Decree in the Federal Executive Branch, in Mexico City, Federal District, at 19 March of two thousand fifteen.- Enrique Peña Nieto.-Heading.-The Secretary of the Interior, Miguel Angel Osorio Chong.-Heading.