REPUBLIC OF CAMEROON PEACE -WORK- FATHERLAND

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2 02 4/ 00 8
LAW N0 __________ OF __________
2 4 JUIL 202 lt
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TO LAY DOWN FORESTRY AND WILDLIFE REGULATIONS
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The Parliament deliberated and adopted,

the President of · the Republic hereby
enacts the Jaw set.out beJow:
 CHAPTER 1
GENERAL PROVISIONS

1. PURPOSE AND SCOPE

SECTION 1: (1) This law lays down forestry and wildlife regulations with a view to
achieving forestry and wildlife policy objectives.

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(2) Forestry and wildlife regulations shall caver all the rules governing the
conservation, protection, exploitation and surveillance of forest caver, restoration of
forest landscapes, development and renewal of forest and wildlife resources of forest
areas, the fight against deforestation and forest degradation, forest security areas and

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the legality and traceability of forest/wildlife products. They shall incorporate the
customary rights and rights of use of local communities.

SECTION 2: Forest tenure regulations shall be laid down by the land tenure and State
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property laws, as well as the provisions of this law.

Il. DEFINITIONS
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SECTION 3: For the purposes of this law and its implementing instruments, the following
definitions shall apply:

Hunting lease: renting of a hunting territory;

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Agroforestry: agricultural practice combining trees and crops; 1'

Marine protected area: marine and. coastal space located within the national
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jurisdiction, specifically dedicated to the protection of ecosystems, processes, habitats,

and marine species likely to contribute towards restoring and rebuilding resources
required for economic, social and cultural enrichment;
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Protected area: a clearfy defined and demarcated geographical space, recognized,

dedicated and sustainably managed to achieve long-term conservation of one or more
biological resources, with associated ecosystem services and cultural values;
Community protected area: a protected area forming part of the national land of a
local community, set aside for forestry and managed in accordance with local customs;
Permanent forest management: management, based on objectives and a pre-adopted
plan following consultation with the other stakeholders, of a number of activities and
investments for the conservation and/or sustained supply of a nurqper of forest products
and services, without undermining the intrinsic value, or jeopardi�ng the future
productivity of a permanent forest and without causing side effeètS:.on"the � physical,
soc(al and cultural environment; �
P"ESIDENCE DE LA REflUBLIQUE
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Lessee: natural or legal persan having concluded a lease with the State to manage a
protected area, a hunting area or a community-managed hunting area;
Wild animal: animal whose phenotype has not been modified through any genetic
selection and which lives free of any direct human surveillance or control;
Aquacultural: relating to organisms living in aquatic biotopes;
Aquatic: refers to all that relates to continental or marine waters;
Battue hunting: controlled hunting of an identified wild animal species ordered by the
administration in charge of wildlife, to manage or protect persons and property;

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Biodiversity/biological diversity: various kinds of living organisms of any origin,
including land, marine and aquatic ecosystems, and the ecological complexes that they
constitute, as well as diversity within and between species;

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Biosphere: part of the earth and atmosphere in which ecosystems and living organisms
exist and can survive;
Council forest: tree plantation in one or several holdings created by a council on its
land;
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Poaching: hunting in one of the following cases: lack of permit or authorization, outside
authorized periods, in forbidden areas, with forbidden arms, devices or products;
Hunting: action aimed at pursuing, killing, capturing a wild animal, or guiding
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expeditions for that purpose, photographing and filming wild animais whether for
commercial purposes or not;
Sport hunting: hunting on foot, using a modern weapon auth.orized in accordance with
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the instruments in force, and practised according to the standards laid down by the
authority in charge of wildlife;
Photographie hunting: activity consisting in filming one or several wild animal species
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in their national environment, in a zoo or in any other environment, using a camera or a

video camera;
Local community: local and/or indigenous populations living or resident within or near
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any ecosystem for which a forest or wildlife exploitation licence has been issued;
CITES Convention: Convention on International Trade in Endangered Species of Wild
Fauna and Flora, designed to ensure that international trade in animais and plants does
not threaten their survival in the wild;
Concession or management agreement: contract with, as appropriate, a
development plan or a management plan and specifications, whereby the State entrusts
the management, conservation and sustainable use of the wildlife resources of a­
protected area or a hunting territory of national land to a community or legal person;
Clearing: removal of trees or vegetation cover of forest land for non-forest use,
irrespective of the means used for such removal;

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 Customary law: all the traditional rules and practices of local communities for
developing and using forest and wildlife resources;
Right of use: the right of local communities to sustainably exploit all forest and wildlife
resources, with the exception of protected species, for persona! use, or to sell such
products in nearby markets, in accordance with the regulations in force;
Right of forest use: right to exploit forest resources found on lands or spaces that have
been classified or acquired in accordance with the land tenure law in force;
Forest economics: science of allocatîng limited resources to many competing uses to
meet human desires and needs in terms of forest products;
Ecosystem: a complex community of plants, animais and micro-organisms, and their

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non-living environment forming a functional unit through their interactions;
Ecotourism: a form of tourism .consisting in visiting relatively intact or undistürbed
natural areas with the aim of studying and admiring the landscape, plants and wild

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animais found therein, as well as any cultural event aimed at ensuring the permanent
conservation of ecosystem balance, biodiversity development and the sociocultural and
economic enhancement of local communities;
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Forest or wildlife exploitation: production process applied to a set of resources for
their transportation to a deveiopment site;
Migratory species: species a significant population of which cyclically and predictably
crosses a limit of the national territory;
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Wildlife: ail the wild animal species that make up any ecosystem, as well as all the
animal species that have been taken from the natural environment for domestication.
including those born in captivity;
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Early tire: fire lit very early in the dry season to prepare grazing areas;
Late fire: fire lit in the middle of the dry season;
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Flora: ail plants found in a given area;

Forest: land comprising plant cover in which trees, shrubs and other species that can
provi�e social and environmental products and services other than agricultural are
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predominant. Forest �lso means land that has lost its forest cover and whose forest
resources have been renewed;
Teaching and research forest: forest whose objective is to enable the conduct of forest
science practical work for scientific research purposes;
Conservation forest: forest dedicated to nature conservation and development of
ecosystem services and related cultural values;
Production forest: area intended for sustained and sustainable production of lumber,
general-purpose wood, energy wood or any other forest product;
Protection forest: perimeter intended for the protection of fragile ecosystems or
ecosystems with scientific value;
 Recreation forest: forèst for the purpose of creating or maintaining a leisure
environment on account of its aesthetic, artistic, sports or health values;
Managed forest: permanent forest managed in compliance with specific objectives
based on a management plan;
Game-farming: domestication and commercial marketing in a controlled and prepared
space, alive or as venison, of native and non-native wildlife;
Game-ranch: enclosed environment for wildlife recreation and its future exploitation for
meat production and the development of hunting, ecotourism and scientific research;
Sustainable forest a·n d wildlife resource management: process that seeks to ensure
that forest goods and services meet current needs while preserving their biodiversity

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and productivity, protecting their viability and contributing to long-term development;
Participatory forest and wildlife resource management: establishment by the
resource manager of a framework or partnership with local entities and communities

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with respect to decision-making and sharing of the costs of operations carried out and
of the benefits obtained;
Simptified management: less complex method of managing more or less small-size or
small-scale activities based on a technical document outlining, as appropriate, the
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conditions laid down by regulation, the objectives and rules of managing forest/wildlife
resources or space, the resources to be used to achieve such objectives, as well as the
conditions for exercising right of use by local communities;
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Hunting guide: professional hunter approved by the ministry in charge of wildlife,
whose main activities are the organization and conduct of hunting expeditions;
Forest/wildlife inventory: field data collection operation consisting in quantifying and
describing the physical characteristics of resources in a forest area;
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Botanical garden: site intended to conserve and associate spontaneous or introduced

pJants that have been granted full protection for scientific, aesthetic, educational or
cultural purposes;
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Zoological garden: protected enclosed area in or near an urban centre intended to

protect wild animal species taken from their original natural environment to ensure their
perpetuation or rehabilitation, or for public education, recreation and awareness-raising;
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National park: protected area dedicated to the conservation of wildlife, flora and
biological diversity, the protection of sites, landscapes and geological formations of
special aesthetic value, as well as scientific research and public education and
recreation;
Forest landscape: spatial expanse harbouring forest and non-forest ecosystems, with
an overall appearance of being intact and not having been disturbed by man or by
natural factors at various levels, as well as a certain visual or functional identity;
Reforestation perimeter: reforested land or land intended to be reforested aimed at
producing forest products and/or protecting a fragile ecosystém. Hunting, fishing,
PRESIDENCE D
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 grazing and harvesting rights therein are regulated in accordance with the objectives of
such reforestation area;
Hunting plan/development plan/simple management plan/management plan:
technical document outlining, as appropriate, the conditions laid down by regulation,
the objectives and rules of_ managing forest/wildlife resources or space, tne resources
to be used to achieve such objectives, as well as the conditions for exercising right of
use by local communities;
Forest or wildlife_products: ail plant or anïmal products derived from the development,
exploitation or processing of forest or wildlife species;
Legal forest or wildlife products: plant or animal product derived from one or several

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production or acquisition processes, in accordance with all the instruments in force;
Non ..timber forest product: plant forest product other than wood;
Special product: wood or non-wood forest product of special value;

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Reforestation: operation consisting in restoring or creating wooded areas or forests,
especially following clear:.Cutting or a storm;
Regeneration: natural or artificially stimulated growth of young trees. Natural
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regeneration occurs where trees scatter their grains or through coppicing, while human
intervention through tree planting enables artificial generation;
Wildlife reserve: area protected for the conservation, development and natural
propagation of wild animal life, as well as the protection and development of its habitat;
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lntegral ecological reserve: protected area all of whose resources are fully protected
for the integral conservation of its climax condition;
Forest or wildlife resources: ail goods or raw materials and services that may be
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obtained from a forest or a forest ecosystem, and that help to directly or indirectly meet
a human need;
. Landscape restoration: long-term process that consists in restarting or recovering
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ecological functionalities and improving human wellbeing with respect to degraded

ecosystems;
· Wildlife sanctuary: protected area intended to prioritize the full protection of. one or
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several wild animal species mentioned by name;

Plant life sanctuary: perimeter intended for the full protection of some endemic plant
species;
Services: material or non-material benefits other than forest and wildlife products
derived from the conservation·or use of forest and the other ecosystems:
· Sylviculture: scientific, technical and commercial treatment of forests, from
regeneration to its exploitation;
Land undergoing degradation: perimeter undergoing unsustainable exploitation that
may threaten the survival of forest and wildlife resources found therein;
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Deferred forest land: degraded area closed to all human activities for a specified period
to foster forest regeneration on such land, and to restore its reproductive capacity;
Forest or wildlife exploitation permit: statutory document laying down the rights of
access to forest or wildlife resources;
Artisanal wood processing: ail activities carried out by independent small-scal·e forest
exploiters/operators with or without permit/authorization, with the main ai111 of selling
sawn timber on the domestic market;
Forest management unit (FMU): one or several forest holdings falling under the
permanent forest astate, and subject to sustairiable management for the production of
forest goods and/or services, in accordance with a management plan;

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Sale of standing volume: one or more forest holdings covering 2 500 (two thousand
five hundred) hectares and containing timber intended to be harvested after sale, or
having an after-sale harvest permit;

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Ecologically fra gUe area: land one of whose resources, notably water, soit, wildlife or
flora is undergoing degradation or may be degraded in the short term by human action
or naturai phenomena;
Restricted area: territory of the national forest estate where hunting is regulated;
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Hunting area (ZIC): space intended for sport hunting of wild animal species found
therein;
Community-managed hunting area (ZICGC): space in a permanent and/or non­
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permanent forest granted on concession to one or more local communities that express
interest therein, and for which a management agreement has been signed between
such communities and the wildlife administration.
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Ill. PARTICIPATORY FOREST AND WILDIFE RESOURCE MANAGEMENT

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SECTION 4: (1) The State shall guarantee the participation of au· stakeholders in ihe
management of forest and wildlife resources.

(2) The conditions for the participation of the various stakeholders in the
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management of forest ahd wildlife res6urces shall be laid down by regulation.

SECTION 5: The State, regional and local authorities, local communities and individuals
shall exercise all their ownership rîghts on their forests and in agroforestry zones,
subject to the restrictions provided for by the legislations in force and by this law.

SECTION 6: (1) Local populations shall enjoy rights of use on the forestry and wildlife
products harvested on the national land located in their environment for their persona!
use.

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 (2) Notwithstanding the provisions of Section 6 (1) above, the State may,
for public interest reasons, and after consultation with the populations concerned
through their representative institutions, suspend or restrict the exercise of the rights of
use referred to above when necessary.
(3) The populations concerned shall be entitled to redress and
compensation under the conditions laid down by regulation.

SECTION 7: (1) Local communities shall enjoy a pre-emptive right in the event of
disposai of natural products found in the forests on which they exercise their right of
usage.

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(2) The conditions for exercising the right of use referred to in Section 6
above shall be laid down by regulation.

IV. CLASSIFICATION OF FOREST AND WILDLIFE RESOURCES

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SECTION 8: (1) Plant products shall comprise timber and non-timber products.

(2) Timber products shall comprise lumber, general-purpose wood, logging

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and wood processing wastes, and energy wood, in particular fuel wood and charcoal.

(3) Non-timber products shall comprise plant products other than wood.
Their classification and harvesting method shall be laid down by separaté instruments.
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SECTION 9: Animal products shall comprise live animais taken from the wild or
reproduced in captivity and used as pets for scientific and cultural research or other
purposes, trophies as well as any venison or game intended for human or animal ·
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consumption.
SECTION 10: (1) Depending on their ecological vulnerability, forest and wildlife products
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shall be classified into endangered and non-endangered products, in accordance with

the procedures laid down by regulation.
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(2) Special products shall comprise endangered forest products or

forest products with a particular value.

(3) The list of and conditions for exploiting special products shall be laid
down by separate instruments.
V. EXPLOITATION OF FOREST AND WILDLIFE RESOURCES

SECTION 11: (1) Engaging in a gainful torestry or wildlife activity shall be subject to
obtaining approval under the conditions laid down by regulation.

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 - competent public bodies under the technical supervisory authority of the ministry
in charge of forestry or wildlife, as appropriate;
- local communities exercising their rights of use;
owners of private forests and woodlands;
holders of forest exploitations permits;
- regional and local authorities and communities holding forestry or wildlife
exploitation permits under contract;
- public training institutions specialized in forestry or wildlife;

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- applicants for timber logging permits (PEBO) of less than 1000m3;
- operators engaged in wood trade, forest product transportation or artisanal wood
processing.

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(3) The approval referred to in (1) above shall be persona! and non-
transferable.
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SECTION 12: Forest exploitation permits shall be issued in an administrative form. They
shall bear, as appropriate, the prior endorsement of the President of the Republic and
shall be subject to stamp and registration duty at the current rate.
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SECTION 13: ( 1) Certificates and authorizations shall be issued to attest to the legality
of the activities carried out under a forestry or wildlife exploitation permit by a forest
product processing unit for sale of products on the domestic market and/or for export.
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(2) The procedures for granting the certificates and authorizations

referred to in (1) above shall be laid down by regulation.
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CHAPTER Il
PROTECTION OF THE FORESTRY AND WILDLIFE HERITAGE
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SECTION 14: The protection and management of the forestry and wildlife heritage shall
be a general interest or public servie� duty that contributes towards environmental
protection. lt shall be responsibility of the State and regional and local authorities, in
collaboration with local communîties.
SECTION 15: (1) The genetic resources of the forestry and wildlife heritage shall belong
to the State. No one shall exploit them for scientific, commercial or cult�ral purposes
without obtaining prior authorization under the terms and conditions laid down by
regulation.

(2) The economic or financial benefits derived from the use of the·
resources referred to in (1) above shall be subject to payment of royalties to the State,
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 the rate and collection conditions of which shall be laid down proportionately to their
value, in accordance with the laws and regulations in force.

(3) The conditions for protecting forest and wildlife resources shall be
laid down by separate instruments.

SECTION 16: (1) lt shall be forbidden to light, without prior authorization, a fire that may
cause damage to the vegetation of the national forest estate.

(2) The conditions for preventing and controlling forest and bush tire
shall be laid down by regulation.

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SECTION 17: (1) The clearing of ail or part of a classified forest shall be subject to the
total or partial declassification of such forest.

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(2) The implementation of any development project that may cause
disruptions in the forest or aquatic environment shall be subject to the conduct of prior
environmental and social impact assessments.
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(3) Forest and wildlife resources shall be allocated in accordance with
the Indicative Zoning Plan, the Regional Development Master Plan or the National Land
Use Plan prepared in a participatory manner, in conjunction with the government
services concerned.
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(4) The procedure for obtaining the classified forest clearing
authorization shall be laid down by regulation.
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SECTION 18: The State shall ensure the stability of springs, banks, watersheds and
water fl ow regimes.
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SECTION 19: Where. the creation or maintenance of forest cover is considered

necessary for the conservation of soil, the protection of the banks of a stream and/or a
catchment area, the preservation of mangroves, the regulation of water regimes, the
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regulation of climate regimes, or the conservation of biodiversity, the surrounding land

may be declared either out of bounds or as an ecologically fragiJe area, or classified as
permanent forest estate, under the conditions laid down by decree.

SECTION 20: (1) lt shall be forbidden for anyone to dump, in the national forest estate,
toxic products or industrial waste likely to destroy or modify animal and plant life.

(2) Owners of industrial, handicraft and ·other units producing toxic

products or waste shaH be bound to treat their effluent before dumping it in the natural
environment.

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 {3) The dumping of treated waste in the natural environment shall be
subject t9 prier administrative authorization.

{4) lt shall be forbidden for industrial operators to burn forest resources

that can be used for other purposes.

(5) The conditions for implementing the provision of this section shall
be laid down by regulation.

CHAPTER Ill
FOREST REGIME

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SECTION 21: {1) The national forest estate shall comprise permanent and non­
permanent forest estates.

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(2) Permanent forest estates shall comprise forest lands used
exclusively for the protection and sustainable management of forests and wildlife.

(3) Non-permanent forest estates _shall comprise portions of national

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land likely to be used for purposes other than forestry.

(4) The areas covered by the national forest estate shall be indicated
in a national land use plan prepared in a participatory manner.
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1. PERMANENT FORESTS

SECTION 22: (1) Permanent or classified forests shall be corporeal lands assigned by
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decree for public service purposes to protect and ensure the sustainable management
of the national forest and wildlife heritage, and may not be disposed of or transferred in
any way whatsoever.
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(2) They shall, where applicable, be the subject of a title deed drawn up
in the name of the beneficiary legal entity, indicating the transfer measure referred to in
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(i) above, including the specific restrictions to which the title to the use of the buildings
is subject.

(3) The following shall be considered as permanent forests:

- State forests;
regional forests;

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- council forests; PRESIOENClfllE L
PREStDE
- community protected areas;
- marine protected areas. UfFAIRS
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SECTION 23: Permanent forests shall caver at least 30% (thirty percent) of the total
area of the national territory and reflect the country's ecological diversity.

SECTION 24: (1) Permanent forests shall be classified by a decree that defines their
objectives and cadastral coordinates and is duly linked to the national geodetic network.

(2) Permanent forests shall be classified according to the procedure of

expropriation in the public interest. This shall be confirmed by a classification decree
which transfers ownership to the legal person under public law, giving entitlement to the

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automatic issuance of a land title indicating the assignment decision.

SECTION 25: (1) The permanent forest classification instrument shall take into account
the social and economic environment of local communities, which may retain their user

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rights.
(2) Notwithstanding the provisions of ( 1) above, such user rights may
be restricted where they are contrary to the purposes of the classified forest. ln the latter
case, the local communities shall be compensated under the conditions laid down by
regulation.
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SECTION 26: (1) A permanent forest that is no longer fit for its original purpose may be
declassified under the conditions laid down by regulation.
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(2) Ali or part of a forest may be declassified only atter the classification
of a forest of the same category and of at least the same area, except in the case of
expropriation for public purposes.
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SECTION 27: (1) Access to a permanent forest shall be regulated.

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(2) Each permanent forest shall have a management plan or, where
applicable, a simplified management plan.
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(3).Any activity carried out in a permanent forest shaH be in accordance

with its management plan or simplified management plan, as appropriate.

(4) The procedures for drawing up, implementing, monitoring and

revising the management plan or simplified management plan shall be laid down by
regulation.

1- STATE FORESTS

SECTION 28: (1) State forests shall be those designated as part of the private property
of the State by decree.
PRESIDENCE IE LA "EPUBLIQÜE
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 (2) The following shall be considered State forests:

a) production forests such as forest management units (FMUs);

b} the following protected areas:
national parks;
- integral ecological reserves;
- wildlife reserves;
- wildlife sanctuaries;
- hunting areas;

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- game ranches beloriging to the State;
- zoological gardens belonging to the State;

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- plant sanctuaries;
- botanical gardens belonging to the State;
- marine protected areas.
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c) the following forest reserves:
- conservation forests;
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- protection forests;
- recreation forests;
- teaching and research forests;
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- reforestation areas.

Il - REGIONAL FORESTS
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SECTION 29: (1) Regional forests are either those de_signated by decree as part of the
private property of a Region, or those ceded to a Region by the State through the
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transfer of a portion of the pennanent forest estate of the State.

(2) lt shall be forbidden for a Region that is the cessionary of part of a

. ·: State forest to change its original purpose without the express authorization of the
President of the Republic.

SECTION 30: Regional forests shall -have the following objectives:- production,
conservation, protection, recreation, wildlife management, teaching and research, and
resource renewal, as appropriate.
PRESIDENCE DE LA REPUBLIQUE
PRESIDENCY O

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 111- COUNCIL FORESTS

SECTION 31: (1) Council forests shall be those classified by decree as part of the
private property of a council orthose ceded by the State to a council through the transfer
of a portion of the permanent forest estate of the State.

(2) lt shall be forbidden for a council that is the cessionary of part of a

national forest to change its original purpose without the express authorization of the
President of the Republic.

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SECTION 32: Council forests shall have the following . objectives: production,
conservation, protection, recreation, wildlife management, teaching and research, and
resource renewal, as appropriate.

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IV - COMMUNITY PROTECTED AREAS

SECTION 33: (1) A çommunity protected area shalf be classified for the benefit, and at
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the request of, local communities for cultural and/or socio-economic purposes.

(2) Community protected �reas shall form part of the private property of
the State.
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(3) lt shall be forbidden for communities to change the original purpose
of a community protected area assigned to them by the _State.
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(4) The conditions for managing and controlling community protected

areas shall be laid down by regulation.
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V - MARINE PROTECTED AREAS

SECTION 34: (1) Marine protected areas shall be marine and coastal areas within the
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national territory specifically dedicated to the protection of marine ecosystems,

processes, habitats and species likely to contribute to the restoration and recovery of
resources necessary for economic, social and cultural enrichment.

(2) They shall form part of the natural public property managed by the
State and that may be managed under State control by other legal persons under public
law or by service concessionaire_s.

(3) The conditions for managing and controlling marine protected

areas shall be laid down by regulation.
 Il- NON-PERMANENT FORESTS

SECTION 35: (1) Non-permanent forests shall belong to national land or private
individuals, as the case may be.
(2) The following shall be considered as non-permanent forests:

a) the following types:.

- regional or council woodlands;

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- community forests;
- private forests:
- private woodlands;

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- national forest estate;
- community hunting areas.
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b) the following private forest and wildlife conservation areas that do no belong
to the State:
game-ranches;
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botanical gardens;
zoos;
recreation forests.
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1 - REGIONAL OR COUNCIL WOODLANOS

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SECTION 36: (1) Regional or council woodlands, as appropriate, shall be tree

plantations, in one or more holding, planted by a region or council on its private land.

(2) The conditions for creating and managing regional or council

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woodlands shall be laid down by regulation.

Il - COMMUNITY FORESTS

SECTION 37: (1) A community forest shall be a natural forest in the non-permanent
forest estate allocated for use by the State to a local community that expresses an
interest therein.

(2) The allocation of a comrnunity forest shall be · subject to a

management agreement and a simplified management plan.
 (3) Forest resources of ait kinds derived from the exploitation of
community forests shall belong to the community concerned; which shall use same in
accordance with the law in force.

SECTION 38: (1) A community forest management agreement shall initially be issued
on a provisional basis for a maximum period of 2 {two) years.
(2) A community forest shall be allocated on a permanent basis only for
a renewabfe period of 25 (twenty-five) years, once all the clauses and conditions set out
in the specifications have been met. Failure to comply with these conditions within the
specified timeframe may result in the total or partial revocation of the right of use granted

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to the beneficiary community.

SECTION 39: (1) The implementation of commu_nity forest management agreements

shall be incurribent on the communities concerned, under the mandatory assistance and

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technical supervision of the forestry administration.

(2) ln case of violation of this law or of the special clauses of the

management agreement, the State may, where appropriate, carry out the .required
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works as of right and at the expense of the community concerned, or annul the
agreement, without prejudice to the rights of use of the beneficiary community.

(3) The conditions for allocating community forests and preparing and
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implementing simplified management plans shall be laid down by regulation.

Ill - PRIVATE FORESTS, WOODLANDS AND FOREST AND WILDLIFE

CONSERVATION AREAS
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SECTION 40: (1) Private forests shall be forests planted and managed by natural or
legal persons under private law on land they acquired, with the technical assistance of
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the forestry administration, in accordance with the land laws and regulations in force.

(2) Private woodlands shall be forests, lines of trees and scattered

afforestation associated with crops planted by natural or legal persans under private law
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on land they manage. As such, the persans concerned shall be required to have a
silvicultural booklet or a document in lieu thereof for the control of their activities.

(3) Owners of private forests and woodlands of an area of more than 10

(ten) hectares shall be required to prepare a simplified management plan.

(4) Owners of private forests and woodlands may receive support from
the forestry administration, under the conditions laid down by regulation.

PRESIDENCE OE A REPUBLIQUE
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SECTION 41: (1) Private forest and wildlife resource conservation areas shall be areas
belonging to natural or legal persons under private law and established to ensure the
sustainable use and management of such resources.

(2) The conditions for establishing private forest and wildlife resource
conservation areas shall be laid down by regulation.

Ill - NATIONAL FOREST ESTATES

SECTION 42: (1) National forest estates shall be those that do not tan into any of the
categories specified in Sections 29 and 31 of this law. They shall not include orchards

m
and agricultural plantations, falfow land, woodlands ancillary to farms, and pastoral or
agro-silvicultural facilities.

(2) Notwithstanding the provisions of (1) above, former fallow land and

.c
arable or grazing land without a land certificate shall be considered as national forest
estate after natural regeneration of the forest caver.

(3) Ali resources fqund in national forest estates shall belong to the
rc
State and managed on a sustainable manner.

SECTION 43: (1) Natural trees not planted by man found in the areas mentioned in
Section 41 (1) above shall be considered as non-forest trees.
.p
(2) The communities or persons whose use of the above-mentioned
areas is customary shall be requireo to report the presence of the trees found therein to
the forestry administration so that they can be entered in the foresters' record book
w

opened in their name. Their use for commercial purposes shall be subject to
authorization by the forestry administration.
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{3) The conditions for issuing the foresters' booklet as well as the
authonzation referred to in (2) above shall be laid down by regulation.
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SECTION 44: Rights of use in national forest astates shall be granted to local
communities in accordance with the conditions laid down by regulation, subject to
restrictions on grazing, folding, felling, limbing and mutilation of protected species·.

IV • COMMUNITY HUNTING AREAS

SECTION 45: (1) A community hunting area shall be an area within the national land
cçvered by a management agreement concluded between · a local community that
expresses an interest therein and the ministry in charge of wildlife. Such area, which
may be natural or artificial, shall be dedicated to hunting for subsistence or commercial
purposes.

.
17
 (2) Local communities shall have a right of first refusai in case of disposai
of natural products found in their communal hunting area.

. SECTION 46: (1} The management agreements referred to in Section 45 above shall
specify the beneficiaries and boundaries of the hunting area, the list of species to be
hunted and other wildlife management requirements.

(2) The beneficiary community shall enter into a provisional

management agreement with the forestry administration for a maximum period of 2 (two}
years prior to the signing of the final agreement.

m
SECTION 47: (1) The implementation of management agreements for community
hunting areas shall be the responsibility of the communities concerned, under the
technical supervision of the wildlife administration.

.c
(2) ln the event of violation of the provisions of this law or of special
clauses in the management agreement, the wildlife administration may carry out the
required works at the expense of the community concerned or cancel the agreement,
rc
without prejudice to the recognized rights of use.
(3) ln order to improve the management of wildlife resources by the
community, the ministry in charge of wildlife shall provide technical assistance free of
.p
charge to the community concerned.

SECTION 48: The conditions for allocating community hunting zones and preparing and
implementing management plans shall be laid down by regulation.
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Il - SPECIAL FOREST AREAS

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1:-COMMUNITY-MANAGED HUNTING AREAS

SECTION 49: Any community-managed hunting area shall be subject to a management

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agreement signed between a local community expressing interest therein and ,the
ministry in charge of wildlife. lt shall hav� a management plan.

SECTION 50: ( 1) The revenue derived from · hunting activities in community-managed

hunting areas shall belong to the local community concerned.

(2) Local communities shall have a right of first refusai in the event of
disposai of natural products found in community-managed hunting areas.

SECTION 51: (1) The implementation ·of management agreements in community­

managed hunting areas shall be the responsibility of the communities concerned, under
the technical supervision of the ministry in charge of wildlife.
PRESIDEN 18
PR
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Affi\lRSCAAD RYICE
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 (2) ln the event of violation of the provisions of this law or of the specific
clauses of the management agreement, the ministry in charge of wildlife may carry out
the required works at the expense of the community conce,rned or annul the agreement,
without prejudice to the recognized rights of use.

. SECTION 52: The conditions for allocating . community-managed hunting. areas and
preparing and implementing managernent plans shall be laid down by regulation.

Il - SPECIAL PRODUCT OR ENERGY WOOD ALLOCATION UNIT

m
SECTION 53: (1) A special product or energy wood allocation unit shall be ·a parcel of
permanent or non-permanent forest land covered by a management agreement signed
between an economic operator and the forestry administration in order to ensure the

.c
sustainable management of the said products or firewood.

(2) The management agreement shall give the beneficiary the right to
harvest a volume or tonnage of the product concerned from an allocation unit. lt shall
rc
be preceded by the validation of a simplified management plan including specifications.

(3) The volume or tonnage allocated may not exceed the annual
collection capacity of each allocation unit concerned.
.p
(4) ln the event of violation of the provisions of this law or the specific
clauses of the management agreement, the forestry administration may, as of right,
carry ·out the required works at the expense of the· economic operator concerned or
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annul the agreement, without prejudice to the recognized rights of use.

SECTION 54: The conditions for allocating special product or energy wood allocation
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units, preparing and implementing simplified management plans shall be laid down by
regulation.
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FOREST MANAGEMENT

· SECTION 55: Forest management shall comprise the following operations:

- socio-economic surveys;
- inventories;
- sustained forest exploitation;
- natural or artificial regeneration;
reforestation;
- participatory and integrated management;
19
 - infrastructure development;
- implementation of the environmental management plan.

SECTION 56: (1) Forest management shall be the responsibility of the owner of the
forest. lt shall take the form of the preparation, approyal, implementation and periodic
review of the management plan or simplified management plan, as appropriate.

(2) However, the management of national forest estates shall be the

responsibility of the State or, under its contrai, of other natural or legal persans under a
management agreement.

m
(3) The forests and woodlands covered by the forestry regime shall be
managed in accordance with a management document approved:

.c
(a) for national forests and woodlands and national forest estates, by order of
the Minister in charge of forests;
·(b) for regional and council forests, by order of the representative of the State in
the region or council concerned, with the approval of its deliberative body.
rc
1- FOREST SURVEY
SECTION 57: (1) The survey of forest resources shall be the prerogative of the forest
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owner. However, in the case of national forests, such inventory shall be entrusted to the
State or, under its control, to other natural or legal persans under a management
agreement.
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(2) The results of such survey shall be used in planning, managing and
estimating revenue. ln that respect, the exploitation of any forest shall require that a
survey be conducted on such forest, in accordance with the norms laid down by
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regulation.

Il - FOREST EXPLOITATION
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SECTION 58: Forest exploitation shall be any . activity consisting in extracting or

harvesting forest products from a forest using any appropriate process, technology or
equipment.

SECTION 59: (1) A forest exploitation permit shall be an authorization to harvest

quantities of forest products, in accordance with the management plan or simplified
management plan, as appropriate, and the procedures laid down by regulation.
. '

(2) The volumes, quantities and technicatrequirements to be _complied

with in undeveloped national forest estates shall be· set out in the spe_cificaticns for the
permit issued. -PRESt•EttCE OE PUBLIQUE
PAESI 20
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utm AFFAl�S C \CE
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_,,_r•Tts1•n TRUE y
 (3) Forest exploitation permits can be issued only to natural persons
who live in Cameroon or to companies with a registered office in Cameroon and whose
share capital is known to the forestry administration.

SECTION 60: (1) Beneficiaries of registered forest exploitation permits may subcontract
some of their activities, subject to prior approval by the forestry administration. ln any
case, they shall remain accountabfe to the latter for the proper fulfilment of their
obligations.

(2) The permits provided for in (1) above shall be individual and non-

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transferable.

(3) Notwithstanding the provisions of (1) and (2) above, in the event of
the death of a natural person who holds a forest exploitation permit, the rightful claimant

.c
may be authorized to continue the activities under the permit only if he meets the
conditions laid down by this law and its implementing instruments.

(4) Otherwise, the ministry responsible for forests shall appoint a

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liquidator before the permit is revoked.

(5) The conditions for appointing the liquidator shall be laid down by
regulation.
.p
(6) The acquisition or transfer of shares in a company that holds a
forest exploitation permit shall be subject to prior approval by a ministry in charge of
managing forests.
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SECTION 61: (1) The exploitation of a national production forest shall be carried out
through an exploitation permit, sale of standing volume or exploitation contract as
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applicable.

(2) However, the forest may be exploited under State management

where there is a need to recover the forest products concerned or in the case of an
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experimental project, in accordance with the conditions laid down by decree. lt may be
carried out under a subcontracting agreement in accordànce with the management plan
of the said forest.

(3) At the beginning of each year, the ministry in charge of forests shall
determine and publîsh the annual standing volume and species that can be logged from
ait national production forests open to exploitation.

(4) The exploitation of forest products from any national forest shall be
in accordance with its management plan.
PRESIDENCE DE LA .-e,UlillQUE
PRESlDE
21
AfFAI.SCAI
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 (5) The forestry administration may mark as reserved any tree within
an area being exploited under l1cense, which is considered useful for conservation and
regeneration purposes.

(6) ln State forests, other than production forests, the extraction of

some forest products may be allowed, if it is necessary for the improvement of the
biotope. Such extraction shall be canied out under State management in accordance
with the management plan of the said forests.

, (7) Waste from forest exploitation must be valorized. This may be

carried out under State ma'nagement or made available to artisanal processors under

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the conditions laid down by regulation.

SECTION 62: (1) A logging permit _in a State production forest shall be an authori�ation
to exploit, for a limited period, a well-defined quantity of some non-timber forest

.c
products, special products or energy wood, under conditions laid down by regulation.

(2) The conditions of exploitation between holders of two or more

licenses in a for�st allocated under an exploitation agreement, ·shall be laid down by
regulôtion.
rc
SECTION 63: ( 1) A sale of standing volume in a State production forest shall be an
authorization to exploit, for a fixed period, a precise volume of standing timber which
.p
may not exceed the annual logging potential.

(2) Standing volume in State production forests may be sold only to

persons of Cameroonian nationality.
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(3) Standing volume shall be attributed by the forestry administration

upon the recommendation of a competent commission for a non-renewable maximum
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period of one year.

SECTION 64: (1) The exploitation agreement shall give the licence-holder the right to
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obtain a given volume of wood from a State production forest.

{2) The exploitation agreement shafl include specifications, and shall

define the rights and obligations of the State and the licence-holder.

(3) The volume granted may not exceed the annual felling poténtial for
each of the forest management units conc�rned.

(4) Exploitation, agreements shall be concluded for a maximum

renewable duration of fifteen (15) years. They shall be assessed periodically.
 SECTION 65: (1) A forest concession shall be the area on which an exploitation
agreement is executed. lt may comprise one or more forest exploitation units.

(2) A forest concession shall be granted on competitive basis upon

recommandation by a competent commission.

(3) The forest concession provided for under subsection (1) above may
be transferred.

(4) The grant and transfer conditions shall be laid down by regulation.

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SECTION 66: Sorne concessions shall be set aside for nationals acting individually or
grouped into companies.

SECTION 67: (1) The total forest area that may be granted to any one licence-holder

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may not exceed two hundred thousand (200,000) hectares.

However, concession holders may form a partnership approved by the forestry

administration:
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- either to opttmize the efficiency of a processing unit;
- or as part of a conservatory management with low intensity sampling.
.p
(2) The total area granted under the partnership referred to in paragraph
1 above may not exceed six hundred thousand (600,000) hectares.

(3) The acquisition of majority shares or the creation of a forest

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exploitation company by a forest exploiter with the intention of exploiting a total area
held under a partnership exceeding six hundred thousand (600,000) hectares shall be
forbidden.
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(4) Any grouping of concessions in a partnership shall require a review

of the development plans.
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SECTION 68: (1) Licence-holders for a forest concession shall conclude with the
Forestry administration a provisional exploitation agreement prior.to the signing of the
final agreement.

(2) The provisional agreement shall have a maximum duration of three

(3) years during which the licence-holder shall be required to carry out all the work
provided for in the specifications.

(3) Where the wood processing industry is owned by a company or

industrial partner, it must be located in the area of exploitation.
PRESIOEN
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 0

(4) The conditions for drawing up provisional agreements as well as the

specifications related thereto shall be laid down by regulation.

(5) ln the event of non-compliance with the specifications of the

provisional agreement within thé period of three (3) years, the concession shall be
withdrawn within the next six (6) months. The persan concerned may not request a new
grant of forest permit for a period of three (3) years.

SECTION 69: The specific obligations of persans who exploit forests in border areas or
who use aircraft in forest exploitation shall be laid down by the relevant ministries.

SECTION 70: (1) A subcontract shall be an agreement that defines the forest

m
exploitation management activities which a promoter is required to carry out in the
management or exploitation of a forest. lt doe.s not confer the subcontractor any right of
ownership over the forest products exploited.

.c
(2) Exploitation under State management of a forestry management
unit under a subcontract may only be carried out with the exclusive participation of a
promoter of Cameroonian nationality.
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(3) The conditions for establishing subcontracting shall be laid down by
regulation.
.p
SECTION 71: (1) Regional or communal forests shall be exploited on behalf of the
region or council and for all forest products, under State management, by
subcontracting, sale of standing volume, exploitation permit or individual felling
authorization in accordance with the management prescriptions approved by the
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forestry administration.

(2) The conditions for granting permits in regional and communal forests
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shall be laid down by regulation.

SECTION 72: (1) Community forests shall be exploited on behalf of the community,
under State management or by subcontracting, sale of standing volume, exploitation
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permit or individual felling authorization in accordance with the simple management plan
approved by the Forestry administration.

(2) The conditions for preparing, approving and executing contracts and
subcontracts in community forests shall be laid down by regulation.

SECTION 73: A private forest or a private wood shall be exploited in a sustainable

manner.

24

RUE .
 SECTION 74: The exploitation of national forest estates shall be by sale of standing
volume, exploitation permit or individual felling authorization.

SECTION 75: (1) Sales of standing volume in a national forest estate shall be an
authorization to exploit in an area not exceeding 2,500 (two thousand five hundred)
hectares a specific volume of standing timber.

(2) ln national forest estates, sales of standing volume shall be granted

upon the recommendation of the relevant commission for a non-renewable period of
three (3) years.

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SECTION 76: ( 1) An exploitation permit shall be an authorization to exploit or harvest
specific quantities of forest products in a given zone. Such products may be special
prqducts, timber whose volume may not exceed · 1 000 (one thousand) gross cubic
metres, energy wcod or pales for commercial purposes.

.c
(2) Exploitation permits for timber and some special forest products listed
by the Forestry administration shall be granted upon the recommendation of a relevant
commission for a maximum non-renewable period of 1 (one) year.
rc
(3) For other non-timber forest products, exploitation permits shall be
granted by mutual agreement by the Forestry administration.
.p
(4) The conditions for granting the various permits shall be laid down by
regutation.

SECTION 77: (1) An individual felling authorization shall be an authorization issued to

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a natural person, in a reserved national forest estate, to harvest specific quantities of

wood for persona! or non-commercial use. This provision shall not apply to the local
population who shall maintain their rights of usage.
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(2) lndividual felling authorizations shall be granted by mutual agreement

by the Forestry administration for a non-renewable period of 6 (six) months.
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SECTION 78: Exploitation permits and individual fellihg authorizations may be granted
only to persans of Cameroonian nationality.

SECTION 79: ln national forest estates, some sales of standing volume may be
reserved for persans of Cameroonian nationality taken individually or grouped into a
company, following a quota fixed annually by the Fc;,restry administration and in
accordance with the conditions laid down by regulation.

SECTION 80: Transfer of sales of standing volume, exploitation permits and individual
felling authorizations shall be forbidden.
PRESIOENC.
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 SECTION 81: At the beginning of each year, the Forestry administration shall determine
and publish the annual felling potential in volume and species of all the forests of the
national forest estate open to exploitation.

SECTION 82: Exploitation for profit of timber and non-timber forest products, except for
those relating to the exercise of rights of use and collection authorization shall be
accompanied by specifications.

SECTION 83: (1) Ali forest exploitation agreements, sales of standing volume,
exploitation permits or individual felling authorizations shall confer on their holders, over
the surface area conceded, the exclusive right to collect the products described in the

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exploitation document for a specific period, but shall confer no right of ownership over
the corresponding land.

(2) As such, the holder may n_ot prevent the exploration or exploitation

.c
of products no.t mentioned in his exploitation document, in accordance with conditions
laid down by the Forestry administration.

SECTION 84: ln the event of a development project likely to cause destruction of.part
rc
of the forest estate, or in the event of a natural disaster with similar consequences, the
Forestry administration shall fell the wood concerned under conditions laid down by
regulation.
.p
SECTION 85: Logs without an apparent local mark beached on the Atlantic coast or
abandoned on the roadside, shall be State property and may be transferred to any
natural or legal person under conditions laid down by regulation.
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Ill-REGENERATION AND REFORESTATION

SECTION 86: The renewal and/or extension of forests to provide some economic, social
w

and environmental services shall be done through forest regeneration or reforestation,

in accordance with the regulations in force.

SECTION 87: Forest regeneration shall be a natural or human-assisted process,

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allowing the reproduction and growth of young trees to replace trees exploited or
eliminated by natural factors in a forest ecosystem.

SECTION 88: Reforestation shall be a process of creating forest vegetation on a non­

forested area. lt shall require human intervention by seeding or planting young trees.

SECTION 89: (1) The Forestry administration shall ensure the renewal of the forest
resource through reforestation, regeneration and development of forest plantations, at
the expense of the forest product exploiter.

f» EilDEKCf. D
-,,u,s 26
If UltEGL
11tOFFAlltS CAAO IMD f
t; ÇEftTIFIEE CO.MF
�e•Tll:lt=D TRUE C
 (2) To this end. the exploiter shall be required to pay a regeneration tee,
the rate of which shall be fixed by the Finance Law.

(3) Regeneration commitments in forests under development shall be

included in the management plan or simple management plan, and their implementation
duly established by the relevant authority.

(4) Conditions for carrying out reforestation, regeneration and

development of forest plantations shall be laid down by regulation.

SECTION 90: Statistical data on resource renewal, including the monitoring over time

m
of regenerated, planted or managed trees, shall be collected and used annually by the
forestry administration.

SECTION 91: lncentives may, as and when necessary, be taken to' encourage the

.c
renewal of the forest resource by regional and local authorities, communities or
individuals in conjunction with the relevant ministries.

IV- FOREST LANDSCAPE RESTORATION

rc
SECTION 92: (1) The ravivai and recovery of ecological functionality and integrity shall
be part of a long-term restoration process, which consists in strengthening resilience
and improving human well-being in the forest landscapes of ail national agro-ecological
.p
zones.

(2) Rebuilding ecosystem functionalities shall take into account land

degradation neutrality and prevention of the causes of forest landscape degradation and
w

deforestation, with a view to sustainable land management.

(3) Forest landscape restoration shall be a participatory process, based

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on adaptive management that responds to social, economic and environmental

changes.
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SECTION 93: Forest landscape restoration shall be implemented in accordance with

the defined national strategy for forest landscape restoration.
SECTION 94: The Forestry administration shall ensure the restoration of forest
landscapes, through public and private financing mechanisms.
SECTION 95: Information on landscape restoration shall be collected and used annually
by the Forestry administration, in conjunction with the relevant sector services.

SECTION 96: lncentives may, as and when necessary, be taken to promote restoration
of forest landscapes by regional and local authorities, communities or individuals, in ·
conjunction with the competent government services.
�::::::.
--P-ER "."".:S-:-::1
�"ïiï�iiirraûvl 27
�IRE
ERVICE
_ ---·-•-• ,,.,,. IIE
 V- VALORIZATION OF FOREST PRODUCTS

1- PROCESSING AND PROMOTION OF FOREST PRODUCTS

SECTION 97: (1) Logs shaH be completely processed by the local industry.

(2) The exportation of timber in the form of logs shall be prohibited.

SECTION 98: (1) Forest products shall be processed through a procedure or technology
consisting in temporarily or permanently modifying an extracted or harvested forest

m
product, for consumption purposes.

{2) To promote processing, a digressive taxation pro.vided for by the

Finance Law shall be applied to processed products depending on the degree of

.c
processing.

(3) A separate instrument by the Minister in charge of forests shall lay

rc
down the various degrees of processing of forest products.

(4) The Forestry administration shall ensure promotion of forest

products, in conjunction with the relevant ministries, under conditions laid down by
.p
regulation.

(5) A separate instrument by the Ministers in charge of forestry, public

works and public contracts shall lay down the standards and the minimum rate of us� of
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wood in the construction and equipment of public buildings.

SECTION 99: Forest products processing plants may benefit from the private
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investment incentives regime under conditions laid down by the regulations in force.

SECTION 100: (1) Wood processing plants shall be required to valorize their waste ..
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(2) Conditions for the processing, valorization and marketing of scrap

and wood waste from wood processing plants shall be laid down by regulation.

SECTION 101: Exercise of the activity of forest product processor shall be subject to
obtaining a certificate of registration as a processor, issued by the Forestry
administration under conditions laid down by regulation.

SECTION 102: Forest product processing plants established nationwide shall be

categorized by the State.
PRESl�E
PR
�IRE
28
ERVlCl
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••••�•CD TRU PY
 SECTION 103: Non-timber forest products intended for export shall be processed by
the local industry at a minimum rate set annually for each product, by regulation.

11- MARKETING OF FOREST PRODUCTS AND USE OF PROCESSED WOOD

PRODUCTS

SECTION 104: (1) The State shall fix the value of export forest products on the basis of
remunerative prices on the various international markets.

(2) The Finance Law shall fix a preferential price each year for species
that are hardly rnarketed, or unmarketed.

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SECTION 105: (1) Any company owning a forest exploitation certificate and/or a forest
products processing pla_nt shall be authorized to market the product of its exploitation or
processing activity, and to buy and resell any type of forest products.

.c
(2) Trading in forest products, with a view to marketing such products
by entities not owning a forest exploitation certificate and a wood processing plant, shall
be open to any natural or legal person under Cameroonian law, after authorization of
rc
the Minister in charge of forests, under conditions laid down by regulation.

(3) The authorization to register as a forest products trader shall be

issued on the basis of a file and subject to payment of review fees, under penalty of
.p
inadmissibility. The authorization shall entitle the holder thereof to services aimed at
marketing forest products, in particular, bulk-breaking, export authorizations and CITES
permits.
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(4) ln addition to the ordinary taxes and duties provided for by the General
Tax Code, the forest products trader shall be liable, as the case may be, to payment of
forestry taxes.
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(5) Forest products traders must keep a record of their suppliers, the
species and nature of the products duly purchased, their customers and the destinations
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of the products sold.

(6) The constitution of the file, the amount of the file costs and conditions
for breakdown of the costs referred to in paragraph 2 above shall be fixed by regulation.

(7) The exportation of forest products shall be subject to obtaining a

certificate of registration as an exporter issued by the Forestry administration.

(8) The exportation of unprocessed non-timber forest products shall be

subject to an annual authorization issued by the Forestry administration and the
payment of subsequent tax levies.

29
 CHAPTER IV
WILDLIFE REGIME

1 - MANAGEMENT OF PROTECTED AREAS

SECTION 106: (1) The management of protected areas shall include the following
operations:

- animal population inventories;

- environmental mapping and zoning;

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- surveillance and protection;
- planning and construction of infrastructures;
- ecological research and monitoring;

.c
valorization and ecotourism;
- eco-development.
rc
(2) Other specific operations may be carried ouf as part of development
of protected areas. These include:
.p
- anti-poaching actîvities;
- taking account of cross-border aspects;
- research in ethology and the habituation of great apes;
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- epidemiological surveillance of wildlife;

- recreation and reintroduction;
- implementation of the environmental management plan.
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SECTION 107: (1) The State shall draw up a protected areas management plan, whîch
w

shall be reviewed periodically.

(2) The State may transfer the management of a protected area to a

third party under a public-private partnership and conditions laid down by regulation.

SECTION 108: Hunting areas may be created in councils and ragions. in such case,
their management shall be the responsibility of the region or the coun_cil.

SECTION 109: (1) Valorization of wildlife shall not exclude the exercise of forest
production activities in areas covered by permanent or non-permanent forests, as
provided for by the present law.
PRESIDENCE DE
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30
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 (2) Protected area development activities shall be financed by
government resources and any other eligible form of financing.

(3) The protected areas management plan shall be a mandatory

element of the farm out specifications.

(4) The conditions and procedures for developing protected areas shall
be laid down by regulation.

Il - WILDLIFE PROTECTION

m
SECTION 110: (1) Wild animal species living on the national territory shall be classified
into three protection classes A, B and
. C, according to conditions laid down by regul�tion.
. (2) Subject to the provisions of Sections 111 and 112 below, Class A

.c
species shall be nationally endangered species. They shall be fully protected and may
not, under any circumstances, be slaughtered. However, their capture or keeping in
captivity shall be subject to obtaining an authorization issued by the wildlife authority.
rc
(3) Class B species shall be vulnerable species, which enjoy partial
protection. They may be hunted, captured or slaughtered subject to the issuance of a
hunting permit.
.p
(4) Class C species shall be the common species that do not fan into
the preceding two classes. However, their capture and sla�ghter shall be regulated.

(5) Immature young, pregnant females and eggs shall enjoy the same
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protection status as Glass A species.

SECTION 111: Migratory species shall enjoy the same protection status as Glass A
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species.

SECTION 112: (1) The ecological connectivity zone shall be a space located between
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two (2) or more protected areas serving as a wildlife migration corridor.

(2) Areas of ecological connectivity between protected areas shall enjoy

the protection measures laid down by regulation.

SECTION 113: (1) The wildlife authority shall ensure the ecological monitoring of animal
. populations and communities.

(2) Ecological monitoring shall consist of collecting and producing data

on the status and spatial and temporal trends in the structure and functioning of animal
populations and communities with their habitat, in order to guide management
decisions.
PRESlOENCE DE
PRES18E
31
AIRE.
AFJAlltS C EME
4:C.C����
_
IEE ço
TRUE
ME
Y.
 Ill - PROTECTION OF PEOPLE AND PROPERTY AGAINST WILD ANIMALS

SECTION 114: Where some animais constitute a danger to people and/or their property,
or are likely to cause damage to them, the wildlife authority may expel them and
exceptionally slaughter them in a controlled manner, under conditions laid down by
regulation.

SECTION 115: ( 1) No person may be punished for the act of hunting a protected animal,
where committed due to urgent need of self or property defence.

(2) Proof of self-defence must be provided within seventy-two (72)

m
heurs to the head of the closest wildlife authority.

SECTION 116: (1) The trophies obtained frorn the·activities provided for in Section 114

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above shall be handed over to the wildlife authority, which shall conserve them for Class
A species, sell them by public auction or by mutual agreement in the absence of a
successful bidder for Classes B and C species.
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(2) Proceeds from the public auction sale shall be remitted to the
Treasury.

SECTION 117: Victims of damage caused by some Classes A and B wild animais may
.p
claim compensation under the conditions laid down by a separate instrument.

IV - VALORIZA TION OF WILDLIFE RESOURCES

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SECTION 118: A wildlife exploitation certificate shall be an authorization to hunt or

collect research data or quantities of animal products, in accordance with the
development plan or the management plan, as the case may be, and under conditions
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laid down by regulation.

I-HUNTING
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SECTION 119: (1) Any action aimed at:

- chasing, killing, capturing a wild animal or guiding expeditions for that purpose;
- photographing and filming wildlife for commercial or research purposes shall be
considered as an act of hunting.

(2) The standards governing hunting activities shall be laid down by

regulation.

32
SECTION 120: ( 1) Subsistence hunting shall be that based on right of use by the local
communities. The products of such hunting may be marketed in strict compliance with
the provisions laid down by regulation.

(2) Subsistence hunting shall be authorized nationwide, except in

wildlife conservation protected areas and on private property.

(3) Ritual hunting shall be that practised.as part of the custom of the
local communities, for the celebration of rites.

(4) Conditions for exercising subsistence hunting and ritual hunting

shall_be laid down by regulation.

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SECTION 121: ( 1) Any act of hunting other than the cases provided for in Section 114
of this law shall be subject to the issuance of a hunting permit or licence.

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(2) Hunting permits and licences shall be persona! and non-
transferable.
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SECTION 122: (1) The issuance of a hunting permit or licence shall entait payment of a
fee, the amounts of which shall be fixed by the Finance Law.

(2) The rights and obligations arising from issuance of hunting permits
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and licences, as well as the conditions for such issuance, shall be laid down by
regulation.
SECTION 123: Hunting permits and licences may be issued only to persons who have
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complied with the regulations in force concerning the possession of hunting weapons.
SECTION 124: (1) The hunting of some animais may be suspended on ail or part of the
national territory by the wildlife authority.
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(2) Any hunting process likely to compromise the conservation of some

animais shall be prohibited.
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SECTION 125: The following activities shall be prohibited, unless specifically

authorized by the wildlife authority:
- chasing, approaching and shooting animais from a motor vehicle;
- hunting at night, in particular with search lamps, head lamps and, in general, with
any ·1ighting equipment designed or not for huriting purposes; ·
- hunting with drugs, poisoned bait, tranquilizer guns and explosives;
hunting with unconventional gear;
hunting with tire; PRESIDENCE DE L.-'
PRESIDEN
33
se �Tllll-1111 aacARDINDE E.
CONfO
UECO
 - trench trapping;
- trapping with wire snares;
- hunting with modern nets.

SECTION 126: (1) The capture ahd killing of some wild animais shall be subjecf to the
payment of taxes, the rates of which shall be fixed in the Finance Law. The list of such
animais shall be drawn up by order of the minister in charge of wildlife.

(2) The meat of animais killed for human consumption shall be subject
to prior veterinary health inspection, in accordance with the regulations in force.

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SECTION 127: (1) Hunting areas shall be managed either by the government or under
lease by any n. atural or legal person. ln the latter case, the management of hunting areas
shall be subject to specifications.

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(2) Sorne areas of the national forest reserve may be declared hunting
grounds and managed as such.
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(3) The conditions for classifying some forests as hunting grounds and
for the management thereof shall be laid down by regulation.

SECTION 128: {1) The exercise of the profession of hunter guide shall be subject to
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payment of a fee, the amount of which shall be fixed by the Finance Law.

(2) Licensed hunter guides shall be subject to a sworn statement prior

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to the commencement of their activity.

SECTION 129: Hunting within a hunting area not under lease and leading hunting
expeditions by a hunter guide into any other area of the national forest reserve shall be
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subject to the payment of a daily tax, the rate of which shall be fixed by the Finance
Law.
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SECTION 130: The exploitation of wildlife within a State forest, council forest,
community forest, private forest and within a hunting ground shall be subject to a
management plan.

34
 11- HUNTING ARMS

SECTION 131: The ministry in charge of wildlife shall regulate the calibre and type of
arms for hunting some animais.

SECTION 132: Hunting carried out using the following weapons shall be forbidden:
- war arms or ammunition that were or are part of the standard weapons of defence
or security forces;
- firearms capable of firing more t�an one round at each pull of the trigger;
- projectiles containing explosives;

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- fixed rifles and percussion firearms;
- chemical weapons.

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SECTION 133: (1) Hunting tourism companies may issue to their clients hunting
weapons of the types authorized by their· hunting permits.
. .
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(2) Every company shall be liable for any damage caused or offence
committed by its cfient, without prejudice to the legal proceedings which may be
instituted against such client.
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111- WILD ANIMAL BREEDING

SECTION 134: State game ranches shall be managed either by the government or
under lease by specialized bodies. Their management may be entrusted to private
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individuals under the conditions laid down by regulation_

SECTION 135: (1) Natural or legal persans shall be encouraged to breed high-valued
species of wild animais in ranches, on farms or in zoos, in order to simultaneously
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contribute towards boosting tl')e economic value of wildlife, ensuring the. genetic
conservation of species, and fighting against poaching.
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(2) The conditions for creating private game ranches, farms and zoos,
as well as those relating to the exploitation of related products, shall be laid down by
regulation.

IV- HOLDING. PROCESSING AND MARKETING OF WILDLIFE PR0DUCTS

SECTION 136: Holders of hunting permits who have paid the .prescribed taxes and/or
fees shall freely dispose of the carcasses and trophies of animais lawfully killed by them_
SECTION 137: Trophies shall comprise the following animal parts:
- ivory tusks;
35
 - carcasses;
- skulls;
- fangs of animais;
- tails of elephants or giraffes;
- skins, hoofs or paws;
- horns and feathers;
- eggs;
- scales of pangolins;

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- venoms;
- liquids and secretions of animais;
- any other animal part the permit holder may be interested in,

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SECTION 138: (1) The keeping and movement of live protected animais, their remains
or their trophies, withîn the national territory, shall be subject to obtaining a certificate of
origin issued by the ministry in charge ofwildfife and a veterinary health certificate issued
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by the ministry in charge of animal health, where applicable.

(2) The keeping and adoption of Glass A animais as pets shall be strictly
prohibited.
.p
(3) The export of wild animais, their remains, or raw or processed
trophies, shall be subject to the presentation of a certificate of origin, an export permit
and a CITES certificate, as the case may be, issued by the ministry in charge of wildlife
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and a veterinary heatth certificate issued by the ministry in charge of animal health.

SECTION 139: The possessi<:m of ivory, whether processed or not, for cultural
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purposes, acquired before the date of enactment of this law, shall be subject to the
obligation of declaration and of obtaining a possession permit issued by the ministry in
charge of wildlife.
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SECTION 140: (1) Whoever is found, at any time and in any place, in possession of a
whole or part of a live or dead Glass A or B protected animal, whether whole or partial,·
alive or dead, shall be considered to have captured or killed the animal.

(2) However, the collection of the skins and meat of some Glass B or
C wild animais for commercial purposes may, under the conditions. laid down by
regulatibn, be subject to the issuance of a permit by the ministry iri charge of wildlife,
subject to payment of fees, the amount of which shall be fixed by the Finance Law.

(3) Each skin or meat collected shall be subject to payment of a tax,

the rate of which shall be fixed by the Finance Law.
PRESIDENCE DE
PIUSII 1'1J:a,,1�
36
NTAIRE
lSERYICE
ORME
 CHAPTER V
FINANCIAL AND FISCAL PROVISIONS.

1- GENERAL PROVISIONS

SECTION 141: The State shall take the necessary measures to ensure that the financial
resources generated by activities relating to the exploitation of the resources of the
national forest and wildlife heritage cover the needs inherent in the renewal of such
heritage and contribute towards financing the . development projects of the State,
Regional and Local Authorities, and the populations.

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Il- FINANCIAL AND FISCAL PROVISIONS RELATING TO FORESTS

SECTION 142: (1) Besides the ordinary law taxes and duties provided for by the

.c
Finance Law, the financial resources generated by forest exploitation activities shall
comprise shares of the proceeds of:

the annual forest royalty (AFR);

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- the forest product regeneration tee (RRPF):
- the transfer tax (TT);
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- the special products tax (SPT);
- the non-timber forest products tax (NTFPT);
- the tree felling tax (TFT);
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- the selling price (SP);

- exit duty (ED);
- the FLEGT Licence or authorization.
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(2) The duties, taxes and fees referred to in (1) above shall be
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distributed between the Treasury, the municipality concerned, the Special Forestry
Development Fund and collection support.

{3) The amounts of the duties, taxes and fees listed in (1) above, as
well as their distribution grid, shalr be laid down by the Finance Law.

SECTION 143: The export of unprocessed special products shall be subject to .payment
of a surtax fixed by the Finance Law.

SECTION 144: Environmental services provided by State forests and referred to in this
law shall be subject to payment of the corresponding fees.

PRESll)E.NCE OE LA REPUBLIQUE
PRESIDEN 37
RE
AFFAIRS CAR ICE
IFtEE CO ME
---·-- --.••- V
SECTION 145: (1) No one may be exempted from the payment of taxes and fees
relating to forestry activity.

(2) Every year, beneficiaries of sales of standing volumes and forest

management units shall be required to deposit a bank guarantee for each logging permit
granted·to them.

(3) However, some operators may be granted exemption from

depositing the bank guarantee based on an assessment of their technical and tax file,
under the conditions laid down by regulation.

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SECTION 146: Products derived from forest plantations and private forests and
intended for sale shall be subject only to payment of ordinary law taxes, as provided for
·
by the General Tax Cod�.

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SECTION 147: For the exploitation of their forests by sale of standing volumes,
subcontracting or under permit, Regions, Councils, local communities and private
individuals shall receive the selling price of the forest products and the annual forest
royalty excluding taxes, duties and fees for related activities.
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SECTION 148: (1) The proceeds of public auctions of forest products, fines,
compromises and the damages- provided for by this law, shall be distributed between
the Treasury, the forestry administration, the tax administration, the National Agency for
.p
Support to Forestry Development, the Regions, Councils and local communities, as the
case may be, and under the conditions laid down by regulation.

(2) To be entitled to a share of the various royalties and taxes

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provided for by this law, local communities must form a legal entity in accordance with
the regulations in force.
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SECTION 149: A tax shall be paid for the exploitation or collection, for commercial
purposes, of non-timber forest products, special products, fuel wood or service wood
save where such exploitation or collection is related to the exercise of usu. fruct rights.
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111- FINANCIAL AND FISCAL PROVISIONS RELATING TO WILDLIFE

SECTION 150: Besides the ordinary law taxes and fees provided for by the Finance
Law, the financial resources generated by activities relating to the exploitation of wildlife
or a protected area shall comprise:
- approval fees;
- license and permit fees;
- taxes for the killing of wildlife species;
- commercial and scientific capture taxes;
38
 - taxes derived from other wildlife tractes such as taxidermy, the collection of skins
and remains for commercial purposes or craft work with wildlife products;
- export taxes on wildlife species and products;
- entry fees into protected areas;
fees for the issuance of duplicatas;
registration fees as wildlife product processors;
- leasing tax;
- the daily rentai fee for protected common areas and hunting areas;
- contribution to social works;

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- fee for the 9peration of protected areas as a tourist and eco-tourism guide;
pet ownership taxes;
- fee for the exploitation of non-timber forest products for commercial purposes in

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protected· areas;
- fees for access into protected areas to exploit non-:-timber forest products, in
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accordance with the provisions laid down by regulation;
- auction selling prices of wildlife products.

SECTION 151: (1) The proceeds of all taxes, fees and charges related to the
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exploitation of wildlife and protected areas provided for by this law, shall be shared
between the Treasury, the ministry in charge of wildlife, the Tax Administration, the
Special Fund for the Equipment and Development of Wildlife Conservation and
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Protection Areas provided for by this law, the Regions, the Councils and the local
communities.

(2) With the exception of the duties, contributions and auction prices
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provided for in Section 150 above, the conditions for sharing the taxes and fees referred
to in the said Section shall be laid down by the Finance Law.
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(3) The share allocated to local communities shall be transferred to

the Council of location of the wildlife product exploitation permit to finance local
community development projects.

SECTION 152: The financîal costs, as well as the floor rates thereof for granting wildlife
permits by auction. shall be fixed annually by the Finance Law.

SECTION 153: (1) Their tax regimes notwithstanding, benefici�ries of wildlife

exploitation agreements shall not be exempted from the royalties, fees and taxes
relating to their exploitation permits.
REl9
PRESIDENCE OE L'-
P�ESIO� HCY
39
FAtllS CARI INO
����� . E CONFO
_--__,,__
"ta. . R U"I! C 0
 (2) The provisions of (1) above shall not apply to agreements with
local communities.

CHAPTER VI
PENAL PROVISIONS AND PUNISHMENT OF OFFENCES

1- SPECIAL JURISDICTION CRIMINAL INVESTIGATION OFFICERS

SECTION 154: ( 1) The sworn officers of the ministry in charge of forestry or wildlife, as
the case niay be, shall be·special jurisdiction criminal investigation officers.

(2) As such, they shall investigate and establish offences, apprehend

m
offenders and seize illegally sourced products as well as objects used in committing the
offence. They shall draw up a report in accordance with the Criminal Procedure Code.

.c
(3) They shall be required to be in possession of their professional card
in the discharge of their duties.
(4) They shall be required to wear a uniform and observe professional
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secrecy in the discharge of their duties..

(5) They are authorized to bear weapons in the discharge of their

duties under the conditions laid down by a separate instrument.
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SECTION 155: {1) At the request of the relevant ministry, as the case may be,
categories A and B officers of the ministry in charge of forestry and wildlife, shall, 60
(sixty) days after their absorption into the forestry and wildlife corps, take a one-off
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professional oath.

(2) Categories C and D officers of the ministry in charge of forestry

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and wildlife holding duty posts or having completed a special training programme
recognized·by the ministry concerned, shall, as the case may be, take an oath of office.

(3) The formula for the oath taking referred to in {1) and (2) above
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shall be as follows: "/ swear as a special jurisdiction criminal investigation officer of the
forestry and wildlife corps, to perform my duties with conscience, dignity and probity, in
accordance with the ru/es governing my profession and in compliance with the laws and
regulations of the Repubfic H.

40
 Il- ACTIONS OF SPECIAL JURISDICTION CRIMINAL INVESTIGATION
OFFICERS

SECTION 156: (1) Special jurisdiction criminal investigation officers shall arrest and
immediately identify whoever is suspected of having committed an offence. They may,
in the exercise of their duties, in accordance with the laws and regulations in force:
- carry out any kind of search and seize items;
- requisition the police to search and seize products fraudulently expfoited, sold
or circulated, ôr to secure the identity of an offender;
- search train stations, motor parks, airport terminais, trains, boats, aircraft,

m
vehicles, or any other means likely to be used for the carriage of forest or
wildlife products;
enter houses and enclosures by day, in case of flagrante delicto;

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- enter warehouses, logging areas or forest company premises, sawmills,
woodwork sites and any store to perform their control duties.

(2) Thèy shall draw up reports of their operations.

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(3) The report drawn up and signed by the sworn forestry and wildlife
officer shall be deemed to be a true record of the facts stated therein until_ proven fa Ise.
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(4) The limitation period for criminal proceedings relating to the
offences provided for in this law shall be 3 (three) years.
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SECTION 157: (1) Without prejudice to the Legal Department's right of prosecution,
offences against forestry and wildlife regulations, set forth in this law and in other
applicable instruments, may be dealt with by way of compromise, under the conditions
laid down by regulation.
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(2) ln forestry or wildlife matters, compromise shall mean the

mechanism whereby the ministry in charge of forestry or Wildlife, as the case may be,
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discontinues criminal investigations or prosecution against an offender, in return for the

payment of a fine and reparation for the prejudice caused to the State.

(3) lt shall be thé responsibility of the person against whom a case has
been filed to seek compromise with the ministry in charge of forestry or wildlife, as the
case may be, which may grant or reject same.

(4) ln case of a compromise:

(a) where the offender had made a deposit, the amount shall automatically be
used to cover the fine;
PRESIDE
41

�si.iij�Rfttiturc l AFF�lftS
J.
U.Tl!U
C
NTAIRE
SERVICE
TIFIEE C RME
_eD'1'1eteft •eu nv
 (b) seized products shall be confiscated and, where necessary, sold at public
auction;
(c) seized material shall be confiscated and restituted upon full execution of the
terms of the compromise, in case of a first offender;
(d) seized material shaH be confiscated and sold at public auction, in case of a
repeat offender, with the exception of firearms and ammunition which shall be
handed over to the relevant authorities;

(5) The report of the compromise shall be registered at the offender's

expense.

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(6) The full execution of the compromise, established by the ministry or
competent judicial authority, shall extinguish the criminal · matter.

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(7) However, even where already executed, any compromise concluded in
violation of the provisions of this law shall be null and void. The nullity of such
compromise shall be established by the Minister in charge of forestry or wildlife, as the
case may be.
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(8) No compromise shall be allowed in the following cases:
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- repeat offence;
- an offence committed within a protected area;
- killing a fully protected or marked wild animal, which is under ecological
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monitoring;
- exploitation of prohibited forest species;
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- water pollution by poisoning;

- an offence committed by any person not licensed as a forestry or wildlife
professional and/or without authorization;
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- operating outside the limits of exploitation permits.

SECTION 158: (1) Where the compromise remains unexecuted, the criminal matter
shall be set in motion, upon a formai notice previously served on the respondent, within
72 (seventy-two) hours, at the behest of the ministry in charge of forestry or wildlife, as
the case may be.

(2) For offenders who do not seek compromise, the criminal matter
shall be set in motion without preconditions.

42
 (3) To this end, the ministryin charge of forestryor wildlife, as the case
maybe , may:

(a)without prejudice to the prerogatives of the Legal Department, set the criminal
matter in motion;
(b)file pleadings or submissions and make any observations it deems useful to
protect its interests; ·
(c) use the legal remedies available.

SECTION 159: ( 1) The special jurisdiction criminal investigation officers shall forward

m
their reports to their supervisors in the ministryin charge of forestryor wildlife, within 72
(seventy-two) hours of the close of investigations.

(2) The supervisors to whom the reports are sent shall have no more

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than 3 (three) months to conclude a compromise, if necessary, and, failing that, to set
the criminal matter in motion.

(3) The special jurisdiction criminal investigation officers who drew up

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the report or, if need be, the superviser to whom the report is sent, may order the
offender to make a deposit against a receipt. The amount of the deposit shall be fixed
bythe ministryin charge of forestryor wildlife, as the case maybe.
.p
(4) The deposit received shall be paid within 48 (forty-eight) hours to
the special funds provided for in this law. The amount received as deposit shall, as of
right, be used to cover the fines. ln case of dismissal or acquittai, the court shall order
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its refund.

SECTION 160: (1) Perishable products seized, with the exception of those that are
dangerous or damaged products, shall, in the absence of a successful bidder, be sold
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forthwith bypublic auctîon or bymutual agreement.

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(2) For any sale by public auction or mutual agreement of seized

products, an additional 12 (twelve) percent of the selling price shall be collected, and
used to remunerate the staff of the ministry in charge of forestry or wildlife under the
conditions laid down byregulation.

(3) The proceeds from such sale shall be paid into the Treasury within
48 (forty-eight) hours.

(4) ln the event of unlawful sale of seized fishery and aquaculture

products, the ministry concerne_d may declare the deed of sale null and void. without
prejudice to the penalties against the officiais or staff concerned.
PRESIDENCE oe
PMESIOEN 43
S MRE
KY AFFAIRS CA ERVICE
ff•h:FIEE CO ME
9U!left 'l'DUI: V
 (5) The terms of the sale referred to in the paragraphs above shall be
laid down by a separate instrument.

SECTION 161: (1) The custody of non-perishable products and equipment seized shall
be entrusted to the relevant technical service. or. failing this. to th.e nearest council
pound.

(2) No legal action may be brought against the sworn officer who or
service which carried out the seizure where the equipment or gear seized deteriorates
or where the animal seized dies.

(3) The misappropriation and disappearance of products seized shall

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be governed by the relevant provisions of the Penal Code.

Section 162: For the marking and seizure of forest products, the Ministry of Forestry

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shall have a forest hammer whose imprint shall be deposited at the registry of the
Supreme Court.

111- ADMINISTRATIVE PENALTIES

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SECTION 163: (1) Without prejudice to legal proceedings, any breach of the provisions
of this law and of the implementation instruments thereof, or any infringement of the
obligations relating to forestry or wildlife exploitation or the execution of the terms and
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specifications agree to, shall, as the case may be, lead to the:

- suspension of activities;
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- withdrawal of the logging permit;

- removal of the lease; and
- withdrawal of the license.
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(2) The administrative penalties referred to in {1) above shall be imposed

by the authority that granted the permit or license, as the case may be.
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(3) Without prejudice to the penalties provided for in this law, suspension
or withdrawal shall be pronounced in the event of repeat of an offence punishable by a
fine of at least 3,000,000 (three million francs) CFA francs.

(4) The instrument to pronounce the suspension shall specify the duration,
which may not exceed 6 (six) months.

44
 IV- CRIMINAL PENALTIES

SECTION 164: (1) Any natural person who wilfully commits any of the offences referred
to in this law shall be criminally liable and punishable in accordance with the penalties
laid down in this law.

(2) Legal persans shall b_e criminally liable for offences committed by
their bodies or representatives on their behalf.

(3) The criminal liability of natural persans who commit the offences may
be concurrent with that of legal persons.

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(4) The provisions of (2) above shall not apply �o the State and its
agencies.

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SECTION 165: Whoever commits any of the following offences shall be punished with
imprisonment of from 10 (ten) days to 3 (three) months or a fine of from CFAF 25 000
to CFAF 200 000, or with both such imprisonment and fine:
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(a)carrying out activities that do not comply with the provisions relating to forest
ownership;
(b)violating the provisions relating to the rights of use granted to local
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communities;
(c) setting fire to a national forest estate as provided for in Section 16 above;
(d) trespassing within a permanent forest, as provided for in Section 27 of this law;
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(e)exploitation under persona! authorization in a reserved national forest estate

for gainful purposes, or beyond the period or quantity granted, in violation of
Section 81 above, without prejudice to damages on the harvested timber as
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provided for in Section 184 below;

(f) transferring or selling a persona! exploitation permit in violation of Secti_on 80
of this law;
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(g)provoking animais during a visit to a national park, wildlife reserve or zoo;

(h}staughtering, capturing or marketing class C animais in violation of the
regulations in force.
SECTION 166: Whoever commits any of the following offences shall be punished with
imprisonment of from 2 (two) months to 4 (four) months.or a fine of from CFAF 200 000
to CFAF 500 000, or with both such imprisonment and fine:
(a}subcontracting a community forest exploitation permit without the prior
approval of the forestry administration, and without prejudice to damages
assessed at 100% of the market value of the fraudulently harvested timber;
PRESIDENCE. OE L�· p· IQlJE .
PRESIDEN 45
E
AFFAlltS CARO ICE
.__.�..... �i;,r'l'Rr■�C�� �E
 (b) obstructing the activities of the persans referred to in Section 154 of this law,
without prejudice to the penalties laid down for rebellion;
(c) violation of the rules governing the exploitation of special forest products;
(d)exploitation under permit, in a reserved national forest estate, of unauthorized
forest products, or beyond the limits_ of the volume allocated and/or the period
granted, in violation of Section 76 above, without prejudice to damages on the
harvested. timber as provided for in Section 184 below;
(e)transferring or selling an exploitation permit in violation of Section 80 above;
(f) violating Section 59 above by a holder of an exploitation permit who obstructs
the exploitation of products not mentioned in his exploitation permit;

m
(g)breaching the provisions on hunting provided for in sections 45, 46, 47, 48,
110, 115, 118, 119, 120, 121, 122, 123, 124, 125, 126 and· 127 above;
(h)failing to submit the annual forestry report to the local forestry official within 2

.c
(two) months of the end of the financial year.

SECTION 167: Whoever commits any of the following offences shall be punished with
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imprisonment of from 3 (three) months to 6 (six) months or a fine of from CFAF 500 000
to CFAF 1 000 000, or with bath such imprisonment and fine:

(a)clearing or setting fire to a State forest, a protected area or an ecologically

.p
fragile or no-go area, in contravention of Sections 16 and 17 (1) and (3) above;
(b)using a privately-owned forest for a purpose other than that for which it was
intended, in breach of Section 40 above;
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(c) unauthorized exploitation in a private forest in contravention of Section 73 of

this law, without prejudice to damages assessed at 150% of the market value
of the fraudulently harvested timber;
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(d)exploitation through sale of standing volume from a reserved national forest

estate beyond the limits of the demarcated felling base and/or the period.
volume/number of trees, granted, in violation of Sections 75 to 93 above,
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without prejudice to damages on the. timber harvested, as provided for in

Section 180 below;
{e)failure to demarcate forest exploitation permits and current felling areas;
(f) violation of the provisions on hunting weapons provided for in Sections 123,
·131 and.133 above;
(g) violation of the provisions on wildlife protection and the management of
protected areas provided for in Sections 106, 107, 108 and 152 above;
(h)felling protected trees without authoriiation, in violation of Section 42 of this
law, without prejudice to the damages on .the harvested timber, as provided for
in Section 180 .below; NCE DEL
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Aff�IRS c�o 1910_ E

IEI CONF
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 (i) felling of non-inventoried species, in violation of Section 57 of this law, without
prejudice to damages on the harvested timber, as provided for in Section 180
below;
0) abandoning logs on a logging site, along a skidding track, a forest road, on the
public highway or along watercourses;
{k) setting up a camp or industrial unit in a forest area without prior authorization
from the ministries in charge of forestry and wildlife;
(1) processing illegal forest products:
(m)failing to submit the secure documents used on time;

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(n)opening a timber yard outside the exploitation permit without authorization
from the ministry in charge of forestry;
(o)violating the rules governing forestry operations;
(p)cutting green wood or felling trees in private natural forests located in

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ecologically fragile areas;
(q)violation of forest exploitation standards defined by specific legislation;
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(r) fraudulent identification of forest species;
(s) opening and operating a bulk-breaking stockyard without authorization from
the ministry in charge of forestry;
(t) transport without a legal consignrnent note;
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(u)operating a forest product processing unit in partnership without prior approval
of the said partnership by the ministry in charge of forestry.
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SECTION 168: Whoever commits any of the following offences shall be punished with
imprisonment of from 6 (six) months to 18 (eighteen} months or a fine of from CFAF 1
000 000 to CFAF 3 000 000, or with both such imprisonment and fine:
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(a)unauthorized exploitation in a community forest or a reserved national forest

astate in contravention of Sections 35 to 38 and 72 of this law, without
prejudice to damages assessed at 100% of the market value of the fraudulently
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harvested timber;
(b)failure to comply with the specifications;
(c) logging without specifications;
(d) failure to issue regulatory specification forms;
(e)absence or non-compliance of the packing report and/or. certificate; ·
( f) violation of the inventory norms provided for in Section 61 of this law, without
prejudice to damages and interest on the harvested timber, as provided for in
Section 180 below.
PRESIDENCE DE t.A R
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 SECTION 169: Whoever commits any of the following offences shall be punished with
imprisonment of from 1 {one) year to 3 (three) years or a fine of from CFAF 3 000 000
to CFAF 10 000 000 or with both such imprisonment and fine:

(a)exploitation through sale of standing volume, in a national forest estate,

beyond the limits of the demarcated felling base, the volume/number of trees
and the period granted, in violation of Sections 61 and 63 of this law, without
prejudice to damages on the harvested timber, as provided for in Section 180
below;
{b) unauthorized logging in a regional or council forest; in violation of Sections 29
to 32 and 71 of this law, without prejudice to damages on the timber harvested,

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as provided for in Section 180 below;
(c) unauthorized logging in a community forest or a reserved national for.est estate
in violation of Section 72 of this law, without prejudice to damages assessed

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at 100% of the market value of the fraudulently harvested timber;
(d)failure to demarcate a forest concession
(e)logging without prior inventory;
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{f) sub-contracting in FMUs and selling timber without the prior agreement of the
ministry in charge of forestry, without prejudice to damages assessed at 100%
of the market value of the timber fraudulently harvested;
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(g)fraudulent exploitation by a sub-contractor under a sub-contracting agreement
in a State forest, in violation of Sections 70, 71 and 72 of this law, without
prejudice to damages on the timber harvested as provided for in Section 180
below;
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(h)infringement of the provisions of Section 97 of this law on the processing of ail

logs by the local industry, without prejudice to damages assessed at 100% of
the market value of the products concerned;
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(i) failure to justify the origin or legal provenance of timber;

(j) failure to comply with contractual clauses in the context of subsidies granted
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by the State for reforestation.

SECTION 170: (1) Whoever forges, falsifies or overwrites any document issued by the
ministry in charge of forestry or wildlife, including secure documents, shall be punished
with imprisonment of from 3 (three) months to 5 (five) years or a fine of from CFAF 5
000 000 to CFAF 50 000 000, or with both such imprisonment and fine.

(2) Whoever forges or falsifies the State marking hammer shall be

punished with imprisonment of from 1 (one) to 5 (five) years and a fine of from CF AF 40
000 to CFAF 4 000 000.
PRESIDENCE· DE
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48
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fED•TftUE C
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 (3) ln accordance with Section 205 (2) of the Penal Code, whoever
commits any of the following offences shall be punished with imprisonment of from 5
(five) to 10 (ten) years and a fine of from CFAF 400 000 to CFAF 2 000 000:

(a) use of counterfeit or falsified marks;

(b)fraudulent use of a regular document issued by the forestry administration;
(c) use of a forged or falsified document;
(d) use of a fraudulentiy obtained forestry mark or secure document;
(e)fraudulent use of an authentic mark;
(f) non-compliance of data entered on administrative documents for special forest

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products held, collected or transported.

SECTION 171: Whoever commits any of the following offences shall be punished with

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imprisonment of from 1 (one) year to 5 (five) years or a fine of from CFAF 10 000 000
to CFAF 15 000 000, or with both such imprisonment and fine:

(a)unauthorized logging in a State forest, in violation of Sections 61 to 63 of this

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law, without prejudice to damages assessed at 100% of the administrative
value of the fraudulently harvested timber;
(b)fraudulent manoeuvers aimed at claiming forest products not originating from
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one's concession, without prejudice to damages assessed at 100% of the
administrative value of the illegally held timber;
(c)hunting without a license or permit, or exceeding the logging_ latitude;
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(d)failure to justify the legal provenance of timber, without prejudice to damages

assessed at 100% of the market value of timber held;
(e}failure to comply with the provisions of the management plan;
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(f) exploitation without an approved management plan beyond the period of the
provisional agreement;
(g) exploitation with.out an approved management plan in a council forest ;
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{h}exploitation without a simple management plan in a community forest;

(i) exploitation in a community forest without an annual logging certificate issued
by the Minister in charge of forestry;
(j) exploiting in a community forest by an approved logger in the absence of a
partnership contract duly approved by the Minister in charge of forestry;
(k) producing taise evidence of technical and financial capacity, place of
residence, nationality and the provision of security;
(1) acquiring a holding or establishing a logging company to increase the total
area held beyond 200 000 hectares, in violation of Section 67 of this law;
49
 (m) transferring a timber sale, forest concession or leased hunting area without
authorization, or assigning such permits, in breach of Sections 63 and 80 of
this law;
(n)subcontracting registered exploitation permits or acquiring an interest in a
company holding an exploitation permit without the prior agreement of the
forestry administration, in violation of Section 60 of this law;
(o)exploiting beyond the limits of a permit and the volume and period granted, ·
without prejudice to damages representing 100% of the market value of the
fraudulently ha_rvested timber;
(p)exploiting beyond the limits of a permit and the volume and period granted,

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without prejudice to damages representing 100% of the administrative value
of the fraudulently harvested timber;
· (q)holding a hunting weapon in anarea prohibited to hunting;

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(r) hunting without a permit and exceeding the hunting limits;
(s) unauthorized killi.ng, capture, possession or marketing of protected class B
animais, either during non-hunting periods, or in areas where hunting is
prohibited or closed;
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(t) unauthorized possession and/or movement within the national territory of live
partially protected animais, their remains or trophies;
(u)unauthorized marketing of live partially protected species, their remains or
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trophies.

SECTION 172: Whoever commits any of the following wildlife offences shall.be punished
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with imprisonment of from 5 (five) years to 10 (ten) years or a fine of from CFAF 15 000
000 to CFAF 20 000 000, or with both such imprisonment and fine:
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(a)exploitation beyond the limits of the forest concession and/or the volume and
period granted, in violation of Sections 59 and 64 of this law, withourprejudice
to damages on harvested timber, as provided for in section 180 below;
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(b) hunting with toxic products inside protected areas;

(c) felling of cl�ss Band C species in a protected area.

SECTION 173: Whoever commits any of the following offences shall be punished with
imprisonment of from 15 (fifteen) to 20 (twenty) years or with a fine of from CFAF 20
000 000 to CFAF 50 000 000 or with both such imprisonment and fine:

(a)slaughtering, capturing, keeping or marketing fully protected animais on the

national territory;
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 {b) unauthorized possession and/or movement within the national territory of live
fully protected animais, their remains or trophies;
(c) unauthorized marketing of live protected species, their remains or trophies.

SECTION 174: (1) Aggravating circumstances shall include:

(a} recidivism;
(b)hunting with chemical or toxic products;
(c) violation of a forest contrai barrier;

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(d)escape or refusai to obey the orders of forest contrai officers;
(e)offences against this law committed by ·sworn forestry or wildlife officiais or
employees, or by special jurisdiction criminal investigation officers, or with their
complicity, without prejudice to administrative and disciplinary sanctions.

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(2) ln the avent of aggravating circumstances, the penalties provided for
in sections 164 to 173 above shall be doubled.
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(3) The pecuniary penalties for illegally slaughtered animal species shall
be increased in proportion to the number of each species slaughtered.
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SECTION 175: ( 1) The competent court may order the confiscation of forest products,
machinery, computer equipment, non-perishable wildlife products, live animais, trophies
or weapons, as the case may be:
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(a) in the case of war weapons, they shall be handed over to the relevant
Government Comrnissioner, at the behest of the relevant State Counsel;
(b) in the case of hunting weapons, they shall be entrusted to the relevant ministry
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at the behest of the relevant State Counsel;

(c) in the case of live animais and trophies, they shall be confiscated and handed
over to the wildlife administration under the conditions specified in a special
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instrument.

(2) Perishable wildlife products, forest products, vehicles, boats,

machinery and computer equipment may be sold by public auction or by mutual
agreement under the provisions of this law:

(3) The competent court may also pronounce the disqualifications

provided for in the Penal Code.

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 SECTION 176: (1) The Minister in charge of wildfife may request the Minister in charge
of territorial administration to withdraw weapons seized in violation of this law, subject
to confiscation by the competent court in the event of criminal prosecution.

(2) The duration of the withdrawal shall be determined pursuant to the

legislation on weapons.

(3) Notwithstanding the provisions of (2) above, this period may be

extended to 10 (ten) years where the offence has been committed in a protected area,
or where a class 'A' wild animal has been killed.

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SECTION 177: The penalties provided for in Sections 165 to 167 above shall apply
without prejudice to confiscations, restrictions, damages awarded and restoration of
property.

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V� CIVIL LIABILITY

SECTION 178: The civil liability of the forest or wildlife permit holder, or of any
authorized representative of suct, holder, shall be accepted should this law be infringed.
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SECTION 179: (1) The concerned ministry in charge of forestry or wildlife, as the case
may be, shall be civilly Hable for offences committed by its employees in connection with
or in the discharge of their duties. ln this case, it may, when necessary, take recourse
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action against them.

(2) ln the discharge of their duties, sworn civil servants or employees of

the forestry or wildlife administration, as the case may be, on duty or on mission in
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protected areas may use their service weapons in the event of an attack by poachers or
any other armed person caught in flagrante delicto.
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SECTION 180: { 1) Damages arising from the fraudulent exploitation of forest and wildlife
products shall be calculated, unless otherwise stipulated, based on a mark-up of one
hundred percent (100%) of the current administrative value of the forest resources
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concerned.

(2) ln all cases, damages shall include all lasses, in particular

economic, fiscal, ecological, environmental, social and cultural lasses suffered by the
State, regional and local authorities or communities bordering the forest concerned.

. (3) The conditions for calculating the increased portion of damages

shall be determined by regulation.
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SECTION 181: Disputes arising from or in the course of any of the activities provided
for by this law shall be settled by the competent courts.

PRESIDENCE DEL
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 CHAPTER VII
TRANSITIONAL. MISCELLANEOUS AND FINAL PROVISIONS

SECTION 182: (1) Valid exploitation permits issued prior to the date of enactment of
this law that are active and in good standing regarding the financial obligations
associated with said permits, shall remain valid until they expire.

(2) ln all cases contrary to the provisions of (1) above, such permits
shall be automatically cancelled and related forest exploitation suspended.

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(3) The terms and conditions for regularizing permits issued prior to
this law shall be laid down by regulation.

SECTION 183: Holders of valid exploitation permits must, as part of their activities,

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comply with the provisions of this regulation within 12 (twelve) months. As such, the
exploitation of forests located within the national forest estate and which are covered by ·
exploitation permits may be subject to some management rules in line with the
objectives of the national forest concerned, in accordance with the terms and conditions
laid down by law.
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SECTION 184: Forests subject to classification or classified under previous regulations
shall so remain, except otherwise provided by the duly approved land use plan for the
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area concerned.

SECTION 185: (1) The technical personnel of the forestry or wildlife administration, as
the case may be, shall, in the discharge of their duties, wear uniforms, carry arms and
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ammunition, wear · the insignia of their corps and rank and shall be organized and
disciplined in a paramilitary manner as provided for by decree.
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(2) However, in some specific circumstances, they may carry out their
duties in civilian attire; in ail cases, they must carry their professional cards.
SECTION 186: (1) To implement forestry and wildlife policy, the following shall be
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provided for by this law and established by the Finance Law:

- a Special Forestry Development Fund;

- a Special Fund for the EQuipment and Management of Wildlife Conservation
and Protection Areas.

(2) The organization and functioning of the special ·funds referred to in

(1) above shall be laid down by regulation.

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SECTION 187: (1) The proceeds of fines, transactions, sales by public auction or
by mutual agreement of products a·nd miscellaneous objects seized, shall be
shared between the Treasury, Regional and Local Authorities, local communities,
employees of the ministry in charge of forestry or wildlife, as the case may be, the
National Forestry Development Support Agency, and any other ministry involved in
law enforcement and recovery activities.

(2) The distribution grid for the proceeds provided for in (1) above
shall be laid down by law.

SECTION 188: Valid forestry or wildlife exploitation permits must, within 6 (six)
months, be covered by an amendment to the specifications to establish new
management rules in line with this law.

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SECTION 189: When necessary, separat� 'instruments shall lay down the terms
and conditions for implementing the provisions of this law.

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SECTION 190: Ali previous provisions repugnant to this law are hereby repealed, in
particular those of Law No. 94/01 of 20 January 1994 to lay down forestry, wildlife
and fisheries regulations.
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SECTION 191: This law shall be registered, published according to the procedure
of urgency and inserted in the Official Gazette in English and French./-
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OUNCE, 2 4 JUIL 2024
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THE REPUBLIC
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