Chilean Forestry and legislation regulating it is characterized by being contained in various laws and regulations, many of them enacted in the first half of last century, with objectives and rationales do not apply to current reality. Current regulations on the use of fire, protected areas and forest development critical to forestry development, dating from 1925 and 1974 respectively.
determines the legal framework on forest law "general", to that at which forest resources and legislation must undergo "special" or particular referring to those seeking to regulate the protection of soils preferably forest, degraded soils, plantations established on them and native forests.
general legislation applicable to forest resources is classified as preserved, while the forestry legislation of a special kind of character is described as both preservation conservation. Among the general rules are applied to the sector;
Constitution with rules relating to environmental law, property rights and resource protection.
Law No. 19,300 on General of the Environment, which considered among the instruments of environmental management environmental considerations in the management plans.
Standards relating to the management of protected areas.
In this category are also general rules of international treaties to be discussed later. On the other hand, in the category of legislation of special character can find the following bodies Disclaimer:
Forest Act of 1925, Decree Law No. 656 of nature conservation regulates the activity associated with native forest.
regulations arising from this Act and promulgated by the Ministry of Lands and Settlement, still in force are:
DS No. 2374, 1937, on the exploitation of existing forests in the watersheds.
DS No. 1274, 1938, on bark of Quillaja extract
DS No. 1099, 1940, on short and tineo ulmo.
DS No. 908 of 1941, over extraction of Quillaja, tamarugo chañar, lignum vitae, olivillo, hawthorn, Boldo, maitén, liter, coal or charcoal and buns. DS
No. 43 of 1990 on the use of Araucaria, the Supreme Decree No. 490 of 1976 on exploitation of larch and the Supreme Decree No. 13 of 1995 on Queule, pitao, belloto the south, north and ruil belloto , all issued by the Ministry of Agriculture and under the Washington Convention of 1940.
DL 1974 on Forestry Development, which through its forestry regulations is the standard for excellence.
According to national legislation, NWFP can be classified under the Civil Code as personal property, defined by Article 567, "Furniture are the ones that can be transported from one place to another is moving them themselves, like animals (which they are called livestock), is that only move by an external force, such as inanimate things. "In this same legislation explicitly refer to these products in Article 571:" products of the buildings, and things incidental to them as weeds in a field, wood and fruit trees, a warren of animals, are reputed furniture, even before their separation, for the purpose of establishing a right in such goods or things to another person as the owner. "
other hand the existing forestry regulations concerning NTFPs both laws and executive decrees;
In the Forest Law, Decree Law No. 656, , 1925, article 19 is stated: "authorizing the President to regulate the exploitation of crusts containing tannic substances, saponins and harvesting the fruits of native trees and shrubs." According to this authority was issued Supreme Decree No. 366 which is directly related to NWFP.
DS No. 366 of 1944, the Ministry of Lands and Settlement, regulates the operation of tamarugo, carob, chañar, lignum vitae, olivillo, coal or charcoal, hawthorn, Boldo, maitén, liter, roll and Quillaja. In this body of law specifies the operating time Boldo leaf, forbids the exploitation of products of Quillaja between January and April, also prohibits its peeling feet and specifies that the bark of Quillaja buyers must request authorization from the Agricultural and Livestock Service (SAG) to export this product, but permission will be granted provided it is verified that the Quillaja be exported has been operating in accordance with the provisions of this regulation.
DS N ° 129 of 1971, which prohibits short boot, transport, possession and trade of bluebells (Lapageria rosea). This rule also specifies that only may be transported, marketed and have plants and flowers from copihue plant nurseries and farms registered with the SAG and ecological areas that allow natural and spontaneous development of this species that meet the management standards set by the SAG.
DS N ° 26, 1978, authorizing the sale of trees and branches of forest species under the conditions indicated. This rule specifies that the marketing of these trees and branches must come from establishments and / or silvicultural with permission of the National Forestry Corporation (CONAF), under a management plan filed and approved.
national standards related to the NWFP:
DS No. 1876, 1995 and its subsequent amendment in the Supreme Decree No. 855 of 1998. This rule is related to herbs medicinal and further processing, it specifies the steps to follow to register a pharmaceutical or natural preparation with therapeutic properties to be registered at the Institute of Public Health. DS
No. 1247 of the National Foreign Trade Council, 1938 establishes the requirements for the export of Quillaja bark.
addition to the above rules are a series of treaties, agreements and conventions signed by Chile that relate in one way or another with the NWFP.
Table No. 1. International commitments related to the extraction of NTFPs.
The CITES agreement signed in 1967, involves the sale of pine nuts, because in 1990 included the species Araucaria araucana in Appendix I. In practical terms, this incorporation prohibits international trade in wood and by-products of the species, including seeds or pine nuts.
The Montreal Process, in which Chile participates with 12 countries, recognize and support technicians 6 criteria plus one of a political nature which to assess the sustainability of forest management at national level. Among these criteria 2 and 6, through their respective indicators refer to the NWFP, in their capacity and their use by the member communities.
Protocol on Environmental Cooperation between Chile and Argentina, considers the NWFP in its activities, including exchange of experts, seminars and training among the CONAF and the Ministry of Natural Resources and Sustainable Development of Argentina.
addition to the laws and international agreements, the use and further processing of some NTFPs is supported by technical standardization tool for defining the quality of products and services. Currently there are technical standards for rattan, bamboo (colihue) and dried mushrooms:
NCh530 for mushrooms dehydrated which specifies the details of exports and domestic consumption, based on the CODEX STAN 39, global standard that defines the presentation, moisture, uniformity of size, packaging and labeling.
NCh2039 1998, which classifies the type wicker rods, varieties and grades.
NCh2532.c2000, which provides guidelines for the manufacturing of furniture and wicker products (types of connections, cables, assemblies, etc.)..
NCh2834.c2003 Bamboo requirements. Rule that classifies the culms (stalks) of bamboo. (Inferred) according to their size and quality.
These standards currently are exceptions within the rubric of NWFP, the development of these processes is essential to formalize and expand the economic activity associated with this type of product.
addition to the above rules is important to note that the main legal body that regulates the use of native forest, pending in Congress since 1992, in its latest draft stipulates that the use of forest resources should be made by approval of a management plan that includes the bonus for management activities and non-timber products, according to the specifications described in the management plan.
Importantly NWFP have been in our country of several research projects. Between them stands the research project, developing and carrying out transfer Chile Foundation (formerly INTEC program NWFP) and Institute of Forestry, which has generated a base of commercial, technological and management will support the discussion of future initiatives to incorporate these products into the forest and environmental legislation of Chile.
On the other hand, in the CONAF government in regional development strategy considers the implementation of a series of projects to develop in conjunction with other institutions among which are considered the NWFP. Http://www.pfnm.cl/legislacion.htm
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