Overbeck, G.E., Vélez-Martin, E., Scarano, F.R., Lewinsohn, T.M., Fonseca, C.R., Meyer, S.T., Müller, S.C., Ceotto, P., Dadalt, L., Durigan, G., Ganade, G., Gossner, M.M., Guadagnin, D.L., Lorenzen, K., Jacobi, C.M., Weisser, W.W., Pillar, V.D. (2015) Conservation in Brazil needs to include non-forest ecosystems. Diversity & Distributions. DOI: 10.1111/ddi.12380 http://wileyonlinelibrary.com/journal/ddi Supporting Information Appendix S1 Non-forest ecosystems (NFE) and the Brazilian legislation for protection of native vegetation Federal law 12651/2012 has recently updated the most important Brazilian legislation for the protection of native vegetation. In its provisions, no distinction is made between forest (FE) and non-forest ecosystems (NFE). We thus consider it inappropriate to keep referring to the new legislation as “Forest Code” or “Forest Law”, as is currently the case both in the public debate and in the scientific literature (e.g. Soares-Filho et al. 2014). Consequently, we henceforth refer to it as Native Vegetation Law. By considering native vegetation as a common good for society, the law partially restricts property rights of landowners by establishing the amount and the places where native vegetation has to be protected in each rural property. Here we summarize the key features of the new legislation with respect to potential legal mechanisms that, if properly enforced, will increase NFE protection. According to the new Native Vegetation Law, each rural property must be registered in the Rural Environmental Registry (CAR), a public electronic record system, with spatially explicit information on the limits of each rural property, the location of the remnants of native vegetation, the Permanent Protection Areas (PPA), and the Legal Reserves (LR). Native vegetation situated within PPA and LR cannot be suppressed. PPA are portions of the territory considered ecologically important and in which the native vegetation has to be conserved. The following situations require the establishment of a PPA: (I) Areas around aquatic environments: a buffer, with variable width, along rivers and around lakes, lagoons, springs, permanent waterholes, and Veredas (a specific type of wetland); (II) Sites with specific topographic conditions: slopes inclined more than 45o, edges of plateaus, tops of hills with more than 100 m and an average slope greater than 25o, and all places with altitude above 1800 m and (III) Specific vegetation types: mangroves and sandbank vegetation. Thus, the amount of PPAs within a rural property will vary depending on its geographic location and the context of local geomorphology. The LR corresponds to a mandatory percentage of each property where native vegetation must be protected, but where sustainable use is allowed. In Amazonia the percentage is 20% (for grasslands), 35% (for savannas) or 80% (for forests), while it is 20% elsewhere in the country. However, the requirement of LR in NFE is relatively recent. Until the year 1989, the former Forest Code included explicitly only forests in the concept of LR. A novel requirement in the Native Vegetation Law is that if the property has additional native vegetation outside PPA and LR, the suppression of this surplus depends on authorization issued by the state environmental authority. On the other hand, if there is a deficit of native vegetation for the establishment of PPA and LR, it must be restored (at the expense of the property owner), but several exceptions exist. While this goes for all types of ecosystem, no criteria have been established so far for granting (or not) right of suppression of natural vegetation in NFE in any of the biomes. De facto, this requirement is still not enforced in NFE. The recent update of the Native Vegetation Law was surrounded by controversy (e.g. Metzger et al. 2010). Several exceptions were included and more flexible criteria adopted, which resulted in a lower degree of protection (see Soares-Filho et al. (2014) for a detailed analysis). In addition, an amnesty was granted to all illegal native vegetation suppression that occurred prior to July 22, 2008, but was conditioned to a commitment to recover or offset the converted area. By the concept of Rural Consolidated Areas, agricultural use in PPA prior to July 22, 2008, was allowed to continue as long as a fraction of the original vegetation was recovered. Finally, for those properties with a deficit of native vegetation in LR, a period of up to 20 years was granted for their progressive recovery, or the possibility to offset elsewhere. On the other hand, the new legislation also provided a positive valuing mechanism for the surplus of native vegetation in rural properties: The areas of native vegetation outside PPA and LR may be computed for issuance of Environmental Reserve Quotas, a legal title that can be sold to offset LR deficit in other rural properties in the same biome. Regardless of the greater flexibility of the new legislation, which has been criticized, it does not discriminate forest ecosystems at the expense of NFE. In consequence, the contribution of the new Native Vegetation Code to the conservation of NFE in Brazil can be remarkable. However, there are still limitations that must be tackled for the enforcement of the legislation that previously had focused much more on the conservation of forest. Appendix S2 How much of non-forest ecosystems (NFE) can be potentially protected by the different legal mechanisms? To estimate the extent of non-forest ecosystems potentially protected by the different legal mechanisms of the current Brazilian Native Vegetation Law, we combined the modeled spatial data available in Soares-Filho et al. 2014 with the maps of Brazilian biomes (IBGE 2004a) and vegetation types (IBGE 2004b). In their paper ‘Cracking Brazil's Forest Code’, Soares-Filho et al. (2014) evaluated the effects of the new law (see Appendix S1) on conservation and restoration of native ecosystems in rural private properties. Using analytical models, they produced a cartographic database with a gridcell resolution of 60 x 60m containing information on the quantity of remnants of native vegetation and the combined area of Legal Reserves (LR) and Riparian Preservation Areas (RPA) required by law within each microwatershed. Strictly protected areas and indigenous lands, as well as urban areas, water bodies, and 30-m buffers along roads and railroads were excluded from their analyses. As the recent law adjustments are not yet fully in force and some cartographic data are not available, they used some generalizations: 12th-order watersheds (Ottobacias) as a proxy for rural property limits and hypothetical stream widths based on the river order within the drainage basin to determine buffer-width protection requirements, among others. Furthermore, Hilltop Preservation Areas (HPAs) were intentionally not included in the calculation of the Permanent Protection Areas. To extract information on the total area of native vegetation remnants in each microwatershed and the area of native vegetation remnants in compliance with RL and RPA requirements, we used the data made available by Soares-Filho et al. (2014) at http://www.csr.ufmg.br/forestcode. The files used and the analytical procedures are described below. All the microwatersheds that make up Brazil´s territory are contained in "Watersheds_otto_12.tif" (Outputs data section). As the assessment by Soares-Filho et al. (2014) focuses on rural private properties, all other areas were excluded (as specified in their file “FC_applicable_and_nonAp_areas.tif”). Each of the selected microwatersheds was assigned to one of the Brazilian biomes (IBGE 2004a). Those located on the border between biomes were assigned based on the position of their corresponding centroid. The remaining areas of native vegetation in each microwatershed (“remnants.tif” in Inputs data section) had been obtained through a compilation of surveys of remaining native vegetation data from several sources, containing data for the period 2008 and 2011, depending on biome. Additionally, the file “Absolute_balance-per_watershed.tif” (Output data section) contains the “surplus data”, i.e, the balance between the quantity of remnants and the RL + RPA requirements calculated by the model applied by Soares-Filho et al. (2014). Positive values correspond to the quantity of remnants outside the RL + RPA areas, whose suppression depends on permission under the new law. Neutral values (zero) indicate that all the existent remnants are contained in Permanent Protected Areas and Legal Reserves. Negative values indicate an environmental debt, which is the area to be restored to ensure law compliance. Different combinations of the remnants and surplus data allowed producing information on the area of remnants that are effectively protected as LR and RPA. From the microwatersheds with positive surplus values, the sum of all area values is equivalent to the quantity of remnants whose suppression depends on permission under the new law. We calculated the total area of remnants protected by LR and RPA regime as follows: 1. For microwatersheds with a positive surplus value: the difference between the remnants’ area and the area of surplus, 2. For microwatersheds with a neutral value: total remnant area and 3. For microwatersheds with negative surplus values: total remnant area. The overlay of the data on native vegetation remnants per microwatershed, by biome, with the map of distribution of vegetation types (IBGE 2004b) previously classified in forest ecosystems and non-forest ecosystems (Appendix S3), allowed us to estimate the distribution of remnants within these categories. For those microwatersheds with the representation of the two vegetation categories, all the remnants therein were related to the physiognomy that occupied a larger proportion. Assigning the vegetation remnants to each one of these categories based on historical data with coarse spatial resolution certainly is an oversimplification. Nevertheless, in the absence of updated vegetation cover mapping with finer resolution, these numbers allow a first evaluation of the potential role of the Native Vegetation Law for the conservation of non-forest ecosystems, as presented in Table S1. Table S1 Total estimated area of non-forest (NFE) and forest ecosystems remnants that may be potentially protected by the different mechanisms defined by the provisions of the Brazilian Native Vegetation Law Native vegetation remnants Native vegetation potNative vegetation analyzed by Soares-Filho et entially under Permanent potentially under land-use al. (2014) (103 km2) Protection Areas and Legal conversion authorization Reserves (103 km2) mechanism (103 km2) Forest Non-forest Forest Non-forest Forest Non-forest Biome ecosystems ecosystems ecosystems ecosystems ecosystems ecosystems Amazonia 1723.36 348.49 1588.00 294.12 135.35 54.37 Caatinga 21.34 420.34 9.19 175.81 12.15 244.53 Cerrado 114.25 833.33 57.11 492.90 57.15 340.43 Mata Atlântica 122.18 33.39 103.33 20.05 18.86 13.34 Pampa 1.85 59.04 1.60 28.97 0.25 30.07 Pantanal 14.92 108.82 4.42 46.95 10.50 61.86 Total 1997.90 1803.39 1763.65 1058.79 234.25 744.60 Appendix S3 Data basis and methods for Table 1 Biome area: the delimitation of the Brazilian biomes and their corresponding area (km2) were obtained from the official map produced by IBGE (2004a). Original extent of NFE (1500): data regarding the NFE area for each of the Brazilian biomes were calculated from a reconstitution of the vegetation types at the time of the discovery of Brazil made by IBGE (2004b). The original typology was reassembled considering the following classification: Non-forest ecosystems (NFE), including woodlands, savannas, steppes and pioneer formations (map vegetation types L Campinarana, S - Savana, T - Savana-estépica, E – Estepe and-P - Áreas de Formações Pioneiras) and Forest Ecosystems (FE), including all types of forests (map vegetation types A – Floresta Ombrófila Aberta, C – Floresta Estacional Decidual, D – Floresta Ombrófila Densa, F – Floresta Estacional Semidecidual, M – Floresta Ombrófila Mista) but also the forested patches within woodlands (Ld -Caatinga da Amazônia) and savannas (Sd - Cerradão). Present extent of NFE (2002): updated data on the extent of native non-forest vegetation in Brazil are scarce and cover only small portions of the territory. Even with the aid of satellite remote sensors, forests remain the focus of most vegetation mapping. In addition, several types of NFE are difficult to detect remotely, because the satellite data tend to confuse the herbaceous native vegetation with pastures of exotic species. An exception was the mapping of the Brazilian biomes promoted by MMA (2007). This initiative quantified for the year 2002, the total forest and non-forest coverage for all biomes. It is likely that the area of NFE was underestimated in some situations, since the difficulties to discern herbaceous vegetation were not fully resolved for some biomes. Despite this, it is the best information available and the NFE values shown in Table 1 are based on these data. Potential area of NFE in Permanent Protection Areas and Legal Reserves and Potential area of NFE under land-use conversion permission mechanism: calculated based on Soares-Filho et al. 2014. HDI and GDP: IBGE (2012) Plant species richness (including Angiosperms, gymnosperms, bryophytes, ferns and lycophytes): List of Species of the Brazilian Flora. Rio de Janeiro Botanical Garden. Available at: http://floradobrasil.jbrj.gov.br/. Access on: 07.08.2015. This is the currently most comprehensive database of the Brazilian Flora, but we recognize that the richness of different species groups in different biomes may be underestimated. For example, Boldrini et al. (submitted) indicate 2,151 plant species only for grassland areas in the Pampa biome. This number is higher than the total number of species given for the biome in the Brazilian Flora, even though trees, epiphytes, ferns, species of wetlands, dunes, forest or other non-grassland habitat are not included. Similarly, ter Steege et al. (2013) estimate Amazonia to have 16,000 tree species, i.e. more species than currently indicated for the biome as a whole in the Brazilian Flora. Despite these obvious shortcomings, it is the most reliable data currently available and we should expect that the degree of reliability is similar for all biomes. Note that date is for the biome as a whole, not distinguishing between forest and non-forest ecosystems. Bird species richness: SAVE Brasil. Available at: http://savebrasil.org.br/wp/biomasbrasileiros/. Note that date is for the biome as a whole, not distinguishing between forest and non-forest ecosystems. Appendix S4 Data bases and methods for Figure 1. Converted area in the different biomes: Data on native vegetation loss of Brazilian biomes for the period 2002-2009 are based on three different sources. A few years ago, the Remote Sensing Center of the Instituto Brasileiro do Meio Ambiente e dos Recursos Naturais Renováveis – IBAMA started to monitor the suppression of native vegetation in the Caatinga, Cerrado, Atlantic Forest, Pampa and Pantanal biomes. The first evaluation was conducted for the period 2002-2008 and the second one for the period 2008-2009. Data available in IBAMA (2009) and IBAMA (2010) were used for these five biomes. More recent data are incomplete for all biomes and consequently were not used. For the Amazon, the monitoring of deforestation is being carried out by the Instituto Nacional de Pesquisas Espaciais – INPE since 1988. Annual deforestation data are available, however the geographical range exceeds the Amazon biome, including a somewhat larger region called Legal Amazon, and the suppression of non-forest vegetation is not considered. Because of this, the data for the Amazon biome used in the paper correspond to a coarse approximation based on the converted areas in 2002 (MMA 2007) added with the deforestation annual values for the years 2003 to 2009 (INPE 2015). It should be clear that the final numbers for Amazonia have two weaknesses: the suppression of forest vegetation is overrated and the non-forest vegetation loss is missing for the 2003-2009 data. Calculation of the Conservation Risk Index follows Hoekstra et al. (2005). Protected area in the different biomes: The Brazilian protected areas legislation (Law no 9985/2000) recognizes 12 categories that can be assembled into two large groups, the strictly protected areas, which allow only the indirect use of natural resources and correspond to IUCN categories I-III, and the sustainable use areas, that allow the direct use of natural resources and correspond to IUCN categories IV to VI. To calculate the percentage of protected areas in each biome, we considered these protected areas but also included indigenous lands. Data on protected areas were obtained in Fonseca et al. (2010), which reports the percentage of all these categories by biome in the year 2009. The data on indigenous lands were obtained from the map of indigenous lands of Brazil (FUNAI 2015). The process for recognizing indigenous land rights in Brazil has several phases. We considered in the calculation only those indigenous lands already homologated and regularized, corresponding to the subsequent steps after official recognition through a Presidential Decree. Appendix S5 References in the Supporting Information I. I. Boldrini et al. (submitted), Checklist of the grassland angiosperms of Rio Grande do Sul, Brazil. Phytotaxa. M. Fonseca et al. (2010). O papel das unidades de conservação. Scientific American Brasil Especial 39: 18-2. FUNAI - Fundação Nacional do Índio. Mapa das Terras Indígenas do Brasil. Brasília. Available at: http://www.funai.gov.br/index.php/shape/. Accessed on: 03/04/2015. J. Hoekstra et al. (2005), Confronting a biome crisis: global disparities of habitat loss and protection. Ecology Letters 8: 23-29. IBGE – Instituto Brasileiro de Geografia e Estatística (2004a). Mapa de Biomas do Brasil. Escala 1: 5.000.000. Rio de Janeiro: IBGE. Available at: ftp://ftp.ibge.gov.br/Cartas_e_Mapas/Mapas_Murais/>. Accessed on: 03/04/2015. IBGE – Instituto Brasileiro de Geografia e Estatística (2004b). Mapa da Vegetação do Brasil. Escala 1:5.000.000. Rio de Janeiro: IBGE. Available at: ftp://ftp.ibge.gov.br/Cartas_e_Mapas/Mapas_Murais/. Accessed on: 03/04/2015. IBAMA – Instituto Brasileiro do Meio Ambiente e dos Recursos Naturais Renováveis (2009). Centro de Sensoriamento Remoto. Monitoramento do desmatamento nos biomas brasileiros por satélite: monitoramento dos biomas Caatinga, Cerrado, Mata Atlântica, Pampa e Pantanal 2002 a 2008. Brasília. Available at: http://siscom.ibama.gov.br/monitorabiomas/. Accessed on: 12/03/2015. IBAMA – Instituto Brasileiro do Meio Ambiente e dos Recursos Naturais Renováveis (2010). Centro de Sensoriamento Remoto. Monitoramento do desmatamento nos biomas brasileiros por satélite: monitoramento dos biomas Caatinga, Cerrado, Mata Atlântica, Pampa e Pantanal, 2008 a 2009. Brasília. Available in: < http://siscom.ibama.gov.br/monitorabiomas/>. Accessed on: 03/12/2015. INPE – Instituto Nacional de Pesquisas Espaciais. Projeto PRODES: monitoramento da Floresta Amazônica Brasileira por Satélite. Avaible at: http://www.obt.inpe.br/prodes/. Accessed on: 12/03/2015. J.P. Metzger et al. (2010). Brazilian Law – Full Speed in Reverse? Science 329: 276-277. MMA – Ministério do Meio Ambiente (2007). Mapas de Cobertura Vegetal dos Biomas Brasileiros. Brasília. 16 p. B. Soares-Filho et al. (2014). Cracking Brazil´s Forest Code. Science 344: 363-364. H. ter Steege et al. (2013). Hyperdominance in the Amazonian tree flora. Science 342, 1243092.