Ibama Brazil
DECREE No. 10 of January 30, 1995
BRAZILIAN INSTITUTE FOR THE ENVIRONMENT
AND FOR NATURAL RENEWABLE RESOURCES
The Acting President of the Brazilian Institute for the Environment and
for Natural Renewable Resources-IBAMA, making use of the attributions
granted him by Article 24 of the Regimental Structure attached to Decree
No. 78, and in Article 83, paragraph XIV of the Internal Rules approved
by Decree GM-MINTER No. 445, of August 16, 1989, and taking into account
the contents of Process No. 02001.000128/95-13;
WHEREAS
- there is a need for the protection and handling of sea turtles found in
Brazil Dermochelys coriacea, Chelonia mydas, Eretmochelys imbricata,
Lepidochelys olivacea e Caretta carreta;
- law 4.771/65 of September 15, 1965, in its 2nd Article, letter ''f'',
considers the permanent preservation of forests and other types of natural
vegetation in sand banks;
- law 7.661/88 of May 16, 1988, which creates the National Plan for
Management of the Coast, in its Article 3 foresees the division of the
coast into zones of usages and activities and gives priority to the
conservation and protection of sand banks, dunes and beaches, among other
properties;
- some beaches, which are fundamental to the maintenance of the sea turtle
population, are being used for urban development;
- IBAMA, through the National Center for the Preservation and Handling of
Sea Turtles - TAMAR Center - develops activities for the preservation and
handling of sea turtles in these areas;
- the world's strategy for the preservation of sea turtles recommends that
nestings should remain in nesting beaches, reducing the transferences to
incubation enclosures;
- the transit of vehicles on beaches or their proximities cause the
compacting of nests, the running over of newly-born baby turtles on their
way from the beach to the sea and disturb matrix females during egg-laying;
a) In the state of Rio de Janeiro, at Farol de São Tomé Beach up to the
boundaries with the state of ES;
b) In the state of ES, from Porto Cel (Municipality of Aracruz) up to the
boundaries with the state of Bahia;
c) In the state of Bahia, from the boundaries with the state of Espírito
Santo to the mouth of the Corumbaú River (Municipality of ITAMARaju) and
from Itapoã beach (Municipality of Salvador) to the boundaries with the
state of Sergipe;
d) In the state of Sergipe, from the boundaries with the state of Bahia to
Pontal dos Mangues (Municipality of Pacatuba) and from Santa Isabel beach
(Municipality of Pirambu) to the boundaries with the state of Alagoas;
e) In the state of Alagoas, from the boundaries with the state of Sergipe
to the end of the shore line of the Municipality of Penedo;
f) In the state of Pernambuco, in the District of Fernando de Noronha, the
beaches of Boldro, Conceição, Caieira, Americano, Bode, Cacimba do Padre e
Baía de Santo Antonio;
g) In the state of Rio Grande do Norte, the whole extension of Pipa beach
(Municipality of Alagoinhas);
Sole Paragraph: Official vehicles while on duty and private ones in case of
proven need, are excused from this Decree.
Article 2 - It is TAMAR's responsibility, together with local Municipal
City Halls, Military Police and the Brazilian Navy, specific to each
location:
a) identify and block access to the beaches;
b) inspect these areas;
c) deliberate over technical aspects and areas not specified in this
Decree.
Article 3 - Infractors of this Decree will be subject to the penalties and
sanctions foreseen in specific legislation.
Article 4- This Decree shall be in force as from the date of its
publication.
ROBERTO SERGIO STUDART WIEMER