a) released into their natural habitat, after their adaptation to wild conditions has been verified;
b) delivered to zoological gardens, environmental foundations or similar entities, as long as they remainunder the responsibility of qualified technical personnel;
c) should it be impossible to meet the conditions established in the previous clauses promptly, theresponsible environmental body may entrust the animals to a
in accordance withArticles 1265 to 1282 of Law No. 3071, dated January 1, 1916, until the aforementioned terms can beimplemented.
III - perishable products and byproducts or timber confiscated by the inspection will be assessed anddonated by the competent authority to scientific, hospital, penal, military, public institutions, and other charityinstitutions, as well as to needy communities; the respective documents will be drawn up, and furthermore, inthe case of non-perishable fauna products, these will be destroyed or donated to scientific, cultural oreducational institutions;
IV - the products and byproducts mentioned in the previous clauses that are not collected by thebeneficiaries within the period determined in the donation document, without justification, will be the object ofa new donation or auction, at the discretion of the environmental body. The resources collected therefromwill be allotted to the preservation, improvement and quality of the environment, and the operational costsincurred from the warehousing, removal, transport, processing and other legal charges will be borne by thebeneficiary;
V - the equipment, tools and other instruments used in the violation will be sold by the body responsible fortheir confiscation, ensuring that their characteristics are removed by recycling;
VI - if the instruments mentioned in the previous clause are useful for the activities of environmental bodiesand scientific, cultural, educational, hospital, penal, military, public institutions and other charitable entities,they will be donated to these entities, after prior assessment by the body responsible for confiscation;
VII - in dealing with the confiscation of products or substances which are toxic, hazardous or noxious tohuman health or to the environment, the measures to be adopted, be they final disposal or destruction, willbe determined by the competent body and the costs will be borne by the offender;
VIII - the vehicles and vessels used in the violation confiscated by the competent authority will only bereleased on payment of the fine, submission of defense or contest; the goods may be entrusted to the
depositary according to Articles 1265 to 1282 of Law No. 3071, dated January 1, 1916, until theimplementation of the terms previously mentioned, at the discretion of the competent authority;
IX - the transfer to a third party, for any reason, of animals, products, byproducts, instruments, tools,equipment, vehicles and fishing vessels dealt with by this clause, is prohibited, except in the case of anauthorization from the competent authority;
X - the competent authority will forward a copy of the documents covered by this clause to the PublicDefender’s Office for his knowledge.
§ 7. The sanctions indicated in clauses VI, VII and IX of the
of this Article will be applied when theproduct, construction, activity or establishment does not comply with legal or regulatory determinations.
§ 8. The decision to demolish a construction mentioned in clause VIII of the
of this Article will bethe responsibility of the authority of the environmental body member of SISNAMA from the moment of theeffective verification by the reporting agent of the seriousness of the damage resulting from the violation.
§ 9. The sanctions restricting rights applicable to both natural and legal persons are:
I - suspension of the register, license, permission or authorization;
II - cancellation of the register, license, permission or authorization;
III - loss or restriction of fiscal incentives and benefits;
IV - loss or suspension of participation in credit lines at official financial institutions; and
V - preclusion from entering into contracts with the public administration for a period of up to three years.
§ 10. Irrespective of the existence of fault, the offender must repair the damaged done to the environmentcaused by his activity.