Regulations on the Use of the TFC Log
- Published: December 5, 2023
- Gazette: 36,401
- Category: Environmental
Summary
This regulation requires Qualified Forest Technicians to keep an official Log Book to record all activities during forest management plan execution. The Log Book serves as a control document, protects the professional against accusations, and allows environmental authorities, owners, and inspectors to document observations about compliance with forest regulations.
Considerations
Whereas, in accordance with the Forest, Protected Areas and Wildlife Law, the figure of the Qualified Forest Technician is established as a technical-administrative mechanism with the objective of implementing forest management plans and operational plans in Honduras forests, duly registered with a professional college and of mandatory character.
Whereas, the Forest Law establishes that persons who perform the function of Qualified Forest Technician must be forestry professionals, biologists and environmental specialists with university or higher education in their respective disciplines, duly registered with a professional college and qualified.
Whereas, for the registration, control and monitoring of forestry activities, the Qualified Forest Technician (TFC) shall maintain a Forest Log Book, which shall be issued by the respective professional colleges.
Whereas, the Log Book is a document authorized by the College of Forestry Professionals of Honduras (COLPROFORH) and the College of Forest Engineers of Honduras (CIFH).
Articles
For the registration, control and monitoring of forestry activities, the Qualified Forestry Technician (TFC) shall maintain a Forest Log, which shall be issued by the respective professional colleges. The Log is a document authorized by the College of Professional Foresters of Honduras (COLPROFORH) and the College of Forest Engineers of Honduras (CIFH), properly bound and paginated, where the forestry professionals responsible for the execution of an Annual Operating Plan shall record evidence of their professional performance, in which other persons listed in Article 4 of this Regulation may make annotations.
The use of the Forest Log is mandatory for all active and current members of the College of Professional Foresters of Honduras (COLPROFORH) and the College of Forest Engineers of Honduras (CIFH), registered as TFC with the Forest Conservation Institute ICF, who in one way or another are involved and participate in the execution of forest management plans and their respective Annual Operating Plans.
The phrases and terms used in this Regulation shall have the meaning expressed below, unless the context clearly indicates otherwise. 1. Fiscal: The legal representative of the colleges is so designated, and shall be the one who authorizes the Log to the TFC. 2. TFC Log: A properly paginated and sealed Notebook is so designated, which Qualified Forestry Technicians (TFC) shall use to make the most relevant annotations during the execution of Annual Operating Plans. 3. State Controlling Entity: The government agency responsible for supervising the work performed by the TFC is so designated. 4. Annual Operating Plan (POA): The document accrediting the authorization of forest harvesting where the TFC Log shall be applied is so designated. 5. State Administrator: The person assigned (Forestry Technician) by State Supervisors to visit the operating plans and report to them on events occurring during their execution is so designated. 6. Qualified Forestry Technician: The professional forester or related professional with forestry training in protected areas and wildlife who, in the exercise of their profession and in technical and administrative performance, shall guarantee the management and sustainable development of forests through approved Management Plans or Annual Operating Plans in public or private forests, and who by virtue of their professional authority shall serve as Public Notary. 7. Owner and/or Representatives: The owner of the Annual Operating Plan or the person who has contracted the services of a professional TFC for the execution and supervision of any work related to the Annual Operating Plan is so designated. The owner may be of public or private nature. In the case of the public sector, the owner shall be the government agency for which the Annual Operating Plan is executed.
The following may make observations in the company of the TFC regarding aspects related to the execution of the Annual Operating Plan: the owner and/or their representative, the State Administrator or supervisor, municipal or state representative, state controlling entities, and those who by virtue of their functions must leave observations relating to compliance with provisions set forth in current legal and regulatory standards, in accordance with the laws of the State of Honduras, which relate to proper execution of the assigned work and also to proper administration and sound practices of the TFC. Such observations may be recorded in the Log solely and exclusively by the TFC.
The TFC Log must be acquired from the place designated by the College of Professional Foresters of Honduras (COLPROFORH) and the College of Forest Engineers of Honduras (CIFH). For its authorization, the TFC must present: Proof of college payment, a copy of the valid TFC Identification Card or receipt of payment for TFC card renewal, a copy of the resolution of the Annual Operating Plan for which the Log will be authorized. Once authorized, the Log shall remain under the custody and responsibility of the responsible TFC. Once the POA activities have commenced, the TFC shall bring it to the harvesting site to make the various annotations and must protect it to prevent deterioration.
The TFC Log shall contain an original and two copies contained in the Notebook: The original shall remain in the Log and it shall be the obligation of the responsible professional to close it once the POA activities are concluded, where the last used page shall be sealed and shall remain under the custody of the responsible professional for a minimum of five years. The first copy shall be for the ICF that administers the POA and shall be kept in their local files, and a second copy shall be for the owner. SECTION II PURPOSES AND OBLIGATIONS
The use of the Log has the following purposes: a) To have an official document issued by the College of Professional Foresters of Honduras (COLPROFORH) and the College of Forest Engineers of Honduras (CIFH) to TFCs, where evidence must be left of the performance of the professional responsible for the execution of an Annual Operating Plan and that of other professionals linked thereto by reason of their function or in compliance with specific Laws and Regulations. b) To have a document that serves as support for the performance of the responsible professional in all stages involved in the execution of POAs, in the event that accusation is brought against them for non-compliance with the Organic Law, its Regulations and provisions of the Professional Code of Ethics of the respective College or, as the case may be, in matters of legal or judicial nature, outside the intervention of their College. SECTION III AUTHORIZED PERSONS TO ANNOTATE
The responsible professional is obliged to leave written record, according to their best judgment, of their observations on incidents that occur during the administration processes, at least twice per month or more frequently according to their professional judgment. These annotations must be made at the site location of the POA and may eventually contain clarifications through notes. The following aspects must be recorded: forest protection, harvesting, environmental impact mitigation, pest control, roads, wildlife, social aspects, official communications to the owner and forestry authority, partial and final settlement records, control of transportation permits and others.
The owner or their representative may make general or specific observations regarding administrative processes according to their best judgment, provided they do not contravene any legal or regulatory provision, nor the Professional Code of Ethics of the College of Professional Foresters of Honduras (COLPROFORH) and the College of Forest Engineers of Honduras (CIFH). Under these circumstances, to make effective or implement the corresponding action, the TFC must record their acceptance and consequent responsibility in the Log.
Representatives or officials of state controlling entities, municipalities or other public entities, provided they are accredited by the institution for which they work, may make general or specific observations that derive from the proper functions of their position in the performance of their duties and in the company of the TFC. SECTION IV FINALIZATION OF THE TFC LOG
No later than thirty days after the POA is completed or the corresponding closure is conducted, the TFC must submit a copy of the Log to the ICF offices that administer the harvest so that the latter may establish procedures for registering its completion. The TFC shall retain the original Log for a period of no less than five years and must present it to the College when required to do so within a period not to exceed ten business days to register its closure. SECTION V ANNOTATIONS
Complete freedom is given to the TFC to include aspects that they consider important in the Log. However, they must dedicate the necessary time to clearly describe all activities to be developed in the POA under their charge.
The Log provides a series of formats to be completed by the TFC with POA information; however, compliance must be made with what is established in the technical standards of the MANUAL OF GUIDELINES AND STANDARDS FOR BETTER FOREST MANAGEMENT. The following aspects must be recorded: forest protection, harvesting, environmental impact mitigation, pest control, roads, wildlife, social aspects, official communications to the owner and forestry authority, partial and final settlement records, control of transportation permits and others. Monitoring, Follow-up and Evaluation: a. Data must be collected on existing conditions of natural resources that serve as a baseline for future monitoring of effectiveness. b. Monitoring of implementation and effectiveness must be carried out during and after harvesting to ensure that standards and requirements are followed. c. A form must be used to maintain a record of the effective application of standards and guidelines. d. Reforestation done on clear-cut plots shall be evaluated annually. If survival in the first year is less than 80%, manual planting of additional saplings or other appropriate methods will be required. At the end of the second year, the minimum acceptable survival shall be 80%. This percentage must be maintained for a period of no less than 5 years. e. Conduct an annual evaluation of the activities contemplated in the operating plans in aspects related to: forest protection, harvesting, environmental impact mitigation, pest control, roads, wildlife, social aspects. f. Maintain surveillance to prevent and control fires and pests during the establishment of regeneration, as well as in stands considered to have a high degree of susceptibility. g. Maintain surveillance for the purpose of controlling poaching and illegal use of wildlife, particularly in open areas. h. Maintain surveillance for the purpose of halting illegal harvesting and transportation of timber. SECTION VI ACQUISITION OF THE LOG
The Log shall have a single price that shall be established by the administration of the College of Professional Foresters of Honduras (COLPROFORH) and the College of Forest Engineers of Honduras (CIFH), based on the cost of production of the same and administrative costs. Said Log shall be prepared with one fixed original and two copies, which shall be removable; the document must be presentable and made of resistant material. The Boards of Directors of the colleges (COLPROFORH and CIFH) are authorized to conduct periodic reviews in order to update the value of the Log and its contents.
Each Log shall be assigned a sequential control number. In case additional Log(s) are required for the same POA, presentation of the previous completed Log shall suffice at the office designated by the Colleges, where its number shall be noted in the registration book. The method of payment and presentation of the additional Log shall be in accordance with what is established in Article 14 of this Regulation.
To acquire the Log Book, the TFC shall present the following:
- a)
Copy of the Solvency of the respective college that certifies compliance with its administrative obligations.
- b)
Copy of the valid TFC identification card or receipt of payment for renewal of the identification card.
- c)
Copy of the resolution approving the POA to which the Log Book will be assigned. The Log Book must be withdrawn in person by the TFC.
In case of loss or partial or total damage to the Log Book, whether before, during, or at the end of the POA execution process, the TFC shall request in writing from the College of Professional Foresters of Honduras (COLPROFORH) and the College of Forestry Engineers of Honduras (CIFH) its replacement, which shall be considered as an additional Log Book, and must comply with the provisions of the previous articles (14, 15, and 16). In the case of loss of the Log Book, the TFC must attach to his request a copy of the report filed with the DPI, and in case of damage, deliver the damaged Log Book. SECTION VII GENERAL PROVISIONS
The Board of Directors of the College of Professional Foresters of Honduras (COLPROFORH) and the College of Forestry Engineers of Honduras (CIFH) are empowered to administer, in accordance with the Law and the interests of both Colleges, the financial products derived from the income and expenditures generated by the application of this Regulation, which in all cases must be allocated to the expenses incurred by the elaboration of the Log Book and to activities aimed at revitalizing the practice of the profession.
The Board of Directors of the College of Professional Foresters of Honduras (COLPROFORH) and the College of Forestry Engineers of Honduras (CIFH) are empowered to conduct consultations and reach an agreement with the authorities of other Colleges so that the same Regulation and Log Book are implemented for all Colleges related to the Forestry Sector. Likewise, they are empowered to manage with the Forest Conservation Institute (ICF) the application of this Regulation and the Log Book for TFCs that administer Annual Operational Plan activities.
This Regulation shall enter into force from the date of its publication in the Official Newspaper La Gaceta. MARIA MAGDALENA MELENDEZ MONCADA President COLPROFORH BD 2023-2024 SAUL EDGARDO MARTINEZ CASTELLON President CIFH BD 2022-2024
Related laws
- Reglamento — Reglamento de Uso del Timbre
- Regulations on Prevention of Misuse of Financial Products — This regulation requires banks, insurance companies, and other supervised financial institutions in Honduras to establish systems to identify, document, and report suspicious transactions that may be related to money laundering. It protects the national financial system by preventing its use to legitimize illegal money from crimes such as drug trafficking, theft, and terrorism. (Decree 45-2003, 2015)
- Reglamento — Reglamento Interno del Uso y Manejo de Fondos de Cajas Chicas del Instituto Hondureño de Antropología e Historia — This regulation sets internal rules for the Honduran Institute of Anthropology and History to properly control and manage its petty cash funds. It affects the institute's employees and managers who handle these monies. Its purpose is to ensure transparency and prevent misuse of public resources.
- Reglamento — Reglamento General para el Uso y Acceso de las Instalaciones del Complejo Cultural José Cecilio del Valle — This regulation establishes the rules for using the José Cecilio del Valle Cultural Complex (Plaza de Banderas, Cultural Hall, and Amphitheater) in San Pedro Sula. Cultural and educational events by non-profit institutions are free, while private events can be rented according to municipal rates. Users must apply 20 days in advance, meet safety and cleaning requirements, and deposit a L.25,000 guarantee to protect the facilities.
- Official Gazette La Gaceta No. 36,409 — This regulation establishes how the Ministry of Economic Development must organize, maintain, and manage its public documents (both physical and digital) to guarantee access, preservation, and transparency. It affects all institution employees, who are responsible for keeping files organized, protected, and available under the law, with penalties for negligence or document damage. (Decree 64-2007, 2023)