SEMA’s report on JRC

*TRANSLATION AT BOTTOM OF PAGE

Government of the State of Mato Grosso

Enviromental Agency of the State of Mato Grosso

Technical exposure N°. 002/SUF/CFF-UC/PEEA/09

1- commissioned by: Enviromental Agency of the State of Mato Grosso– SEMA/MT

2 – subject: Surveillance in the area of ‘Meeting of the waters state park’, specifically at the location of Brazil Nature Travel & Wildlife Centers Jaguar Research Center.

3 – owner: Hotel Fazenda Santa Tereza Ltda – EPP, CPF/CNPJ: 01 491 532 /001 31, Endereço: Travessa da Liberdade n° 70, Jardim Aeroporto, Varzea Grande – MT, CEP.: 78.110-308

8 – results of investigation:

The protected area of ‘Meeting of the waters state park’ – UC PEEA was created on 22 of december 2004, through ordinance 4.881, covering an area of about 108.960,00 hectars, with the aim of protecting natural resources and the mobility of native wildlife, preserving representative samples of existing natural ecosystems and providing opportunities for controlled public use.

 

Mr. Charles Alexander Munn III (foreign resident in Brazil, with an investors VISA that decays in 2012, american passport n° 017258217 and CPF ……), owner of 99% of the shares of Hotel Fazenda Santa Tereza Ltda,…… and Mr. Miguel dos Santos Oliveira, CPF……, as owner of 1% of the shares of the same business, according to JUCEMAT investigation of 29 October 2009, are sistematically breaking the current environmental legislation carrying out touristic/cientifical exploration inside the Conservation Area ‘Meeting of the Waters Park’ without a license for such activities and disattending the embargo n° 123227, declared on 16 April 2008.

Part One

History

After an inspection by the supervisor of the Conservation Area Mr. Osvaldo Luis da Silva Campos on 17 August 2007, Mr. Charles Alexander Munn III forwarded only on 11 June 2008 a document to the Superintendence of Biodiversity, specifically to the Conservation Area Coordination (CUCO), requesting an operational license for the camp located inside the Conservation Area, at S-17° 14′ 54.55” and W – 56° 39′ 56.36”, where the original camp is located.

The Conservation Area Coordination in response..(missing part of text)

After having received the Technical Report n° 13/CUCO/SUB/2009, the Superintendency issued the Note of Infraction n° 120238 on 2 July 2009 (Appendix XIII), applying a penalty of 120.000 Brazilian Reais, for having infringed the articles of law (n°66 index 1, 87 and 88 from federal act n°6514/08).

On 22 July 2009 the supervisor of the Conservation Area Mr. Osvaldo Luis da Silva Campos emitted the Inspection Act n° 115864 (Appendix XIV), ascertaining that Mr. Charles Alexander Munn III was still exploring the embargoed area through tourism.

On 28 of July 2009 Mr. Osvaldo Luis da Silva Campos issued the Note of Infraction n° 100326 (Appendix XV), applying a penalty of 250.000 Brazilian reais, for having infringed the Terms of Embargo n° 123227 issued on 16 April 2008.

Following a request of the Coordinator of Conservation Areas, Mr Alexandre Milaré Batistella, the Superintendency of Administrative and Legal Matters elaborated the Legal Exposé n° 129/SPA/SEMA/2009 (Appendix XVI), suggesting the realization of a new on site inspection. If verified that activities at the camp are still going on a new Note of Infraction should be applied, with a daily penalty of 100.000 Brazilian Reais, according to articles of law 9 and 10 of Federal Decree 6.514/2008.

 

On 10 september 2009 the Supervisor of the Conservation Area verified that Mr Charles Alexander Munn III even after having been reported for infringment of the embargo continued with his activities at the camp, according to Inspection Report n° 115865, of 21 September 2009 (Appendix XVII).

 

On 14 September 2009 the Note of Infranction n° 100327 (Appendix XVIII) was expedited, determining a daily penalty of 100.000 Brazilian Reais for having disattended the embargo and continuing to disattend it over an extended period of time, according to articles of law 9, 10 and 79 from Federal Decree 6.514/08.

 

Part Two

Action of 22 October 2009 (last statement)

 

Attending several delations regarding the infringment of the terms of embargo, and therefore laws, a group of fiscalization officers proceeded to an on site inspection to verify the truthfulness of the facts related by delators.

 

On 22 October 2009 the on site inspection at the camp owned by Brazil Nature Travel % Pantanal Wildlife Center and/or Jaguar Research Center on the bank of the Three Brothers River, S-17° 16′ 16.44” and W – 56° 41′ 51.51”, found that Mr Charles Alexander Munn III was continuing to work at the camp put under embargo on 16 April 2009 (Terms of Embargo n° 123227). They found also that four additional tents had been installed and a barbed wire fence to protect their employees against jaguar attacks.

Mr Charles Alexander Munn III is using the camp to host tourists, taking economic advantage of natural, biological and scenical resources and last but not least is causing damage to the Conservation Area of Meeting of the Rivers State Park.

Big amounts of rubbish were found, gallons of fuel and gas canisters stocked in an unappropriate way inside the Conservation Area.

During the on site inspection on the property of Mr Charles Alexander Munn III it was possible to assess also that even after several administrative postulations determining the stop of activities (Embargoes and Notes of Infraction), Mr Charles Alexander Munn III continues to host tourists, stock fuel and canisters of cooking gas, produce rubbish and process food on the site embargoed by SEMA-MT.

 

Caption Photo 1: Food being processed

Caption Photo 2: Fuel and gas canisters

 

Mr Charles Alexander Munn III not only disrespects the embargo but continues using the observation tower, used also as support for UHF communication radios.

 

Caption Photo 3: Detail of one of the tents surrounded by barbed wire fence

Caption Photo 4: Observation tower with antenna, situated inside the embargoed area

 

During the inspection at the camp area, four of Mr. Charles Alexander III’s employees were encountered. They declared that the camp had been deactivated since the embargo.

During the interrogation by the inspectors they weren’t able to answer the following questions:

  • Why were there four persons to ‘take care’ of the deactivated camp?
  • Why was a cook present at the deactivated camp?
  • Why there were big quantities of stocked food?
  • Why there were big quantities of stocked materials for personal hygiene?
  • For whom were the sixteen life-vests found on site?
  • Why were there 280 litres of stocked mineral water?
  • Why there were huge amounts of rubbish on the embargoed site?

 

The material findings and the unanswered questions strenghten the evidence that the embargo is not being respected.

 

Caption Photo 5: 280 litres of mineral water

Caption Photo 6: Part of the stocked food

Caption Photo 7: Stock of coffee, sugar and fruits

Caption Photo 8: Produced and stocked rubbish

Caption Photo 9: Deteriorated battery

Caption Photo 10: Hygienic supplies

Caption Photo 11: Life vests

 

The most important evidence of the infringment of the embargo were found in one of the seven tents, used to host tourists. The employees couldn’t give a reasonable explanation to why one of these tents was equipped with bed sheets, bathroom mat, nor to why the bathroom had evidently been used recently (water in sink and shower) and that in the tents dustbin there were rests of imported goods.

 

Additional information:

According to investigations in the area, Mr Charles Alexander Munn III attempts to mislead the controls by SEMA-MT by not bringing the tourists to the camp during the day. They stay the whole day on the rivers looking for jaguars, using five alluminium boats equipped with outboard motors. The ‘chalana’ type ship called ‘Pira Miuna’ is used to serve meals. It is anchored in proximity of the beginning of the Three Brothers River (5 minutes distance from the camp) and only after 8 p.m. the camp is reached.

 

According to informations by locals, Charles Alexander Munn III uses a net of ‘informants’ from the area of Pixaim River (at km 50 of the Transpantaneira) til the area of the embargoed camp. Persons like Mr. ‘Piaui’, employee of Mr. Charles Alexander Munn III stay on boats pretending to be fishing near the Porto Jofre area, to inform by radio the employees of the camp about patrols.

Mr Charles Alexander Munn III receives informations by radio also from Ms Diana and Mr Oscar, storekeepers that work near the area mentioned above.

9- Steps taken:

 

For having installed four additional tents on the embargoed area and a barbed wire fence with wooden poles and for not having discontinued commercial exploitation, further for having caused damage to the Conservation Area of the Meeting of the Waters State Park, the Note of Inspection n° 115866 and the Note of Infringment n° 122401 were issued, funded on articles of law 87, 91 and indent I of article 66, combined with article 93 of Federal decree 6514 of 2008, determining a penalty of 1.000.000 Brazilian Reais.

The acts were forwarded to the infractor by the Supervisor of the Conservation Area of the Meeting of the Waters State Park, Mr. Osvaldo Luis da Silva Campos, by registered mail, protocol n° 008/PEEA/CUCO/SEMA/2009.

 

Additional steps to be taken are the forwarding of a copy of this relation and appendixes to Federal Public Ministry, Federal Police, State Public Ministry and Enviromental Police, in order to start police investigations on crimes against the environment committed by Mr Charles Alexander Munn III.

10 – Conclusion:

 

Based on the lack of respect of the Conservation Area Meeting of the Waters, of law and on the state of being of the area exploited by Mr Charles Alexander Munn III, we ask that after an affirmative response by the Superintendence of Administrative Proceedments and Notes of Infraction of State Environmental Agency SEMA-MT, with extreme urgency an operation to be called in to collect and retire all material from inside and around the area of the Conservation Unit, according to index I of article of law 101, of Federal Decree 6.514 of 2009.

We ask also that a Police Inquiry on committed crimes shall be opened as foreseen in article 40 and 72 of law 9.605/88.

 

Concluding we believe that these are the only actions that effectively will prevent Mr. Charles Alexander Munn III from continuing his business inside and around the Conservation Area.

 

 

Cuiabà/MT, 4 november 2009

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