Ibama Brazil
DECREE No. 11 of January 30, 1995


SECRETARIAT FOR THE ENVIRONMENT
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. 003784-94-89;

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;

-    matrix female sea turtles are discouraged from laying their eggs 
because of the existence of lights and other disturbances;

-    lights from buildings near the beaches, from street lamps, from 
vehicles and other artificial sources may interfere in the orientation 
of newly born baby turtles on their way from the beach to the sea;

-    such environmental changes cause an irreversible impact on the 
successful outcome of nests;

DECIDES

Article 1 -    To forbid any source of illumination which produces a 
light intensity higher than zero LUX, on a beach strip situated between 
the lowest low tide up to 50m (fifty meters) above the line of the 
highest high tide in the following regions:

a)    In the state of Rio de Janeiro, at Farol de São Tomé beach up
to the boundaries with the state of Espírito Santo;

b)    In the state of Espírito Santo, from Porto Cel (Municipality 
of Aracruz) 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: Sites mentioned in item (a) which were not mentioned 
in Decree No. 1993, of September 24, 1990, shall adapt the existing 
illuminations within 6 months from the publication of this Decree.

Article 2 -    It is TAMAR Center's responsibility, together with the 
local electric company, in each of the reproduction sites:

a)    To identify the areas which need to be adapted;

b)    To establish, in each area, the technical criteria for adapting 
the illumination, with the aim of lessening the interferences with the 
phenomenon of sea turtle reproduction;

c)    Inspect these areas, follow up illumination projects and projects 
for adapting existing lights, and issue technical opinions evaluating 
the execution of such projects;

d)    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 and all provisions to the contrary are hereby revoked, 
especially IBAMA's Decree No. 1993, of September 28, 1990.

    ROBERTO SERGIO STUDART WIEMER
Ibama Brazil DECREE No. 11 of January 30, 1995

Ibama Brazil
DECREE No. 11 of January 30, 1995
