The Department Head may, by himself or thru the Director or any qualified person duly designated by the Department Head, investigate, inspect and examine records, books and other documents relating to the operation of any holder of a license agreement, license, lease, or permit, and its subsidiary or affiliated companies, to determine compliance with the terms and conditions thereof, this Code and pertinent laws, policies, rules and regulations. Authority of forest officers. When in the performance of their official duties, forest officers, or other government officials or employees duly authorized by the Department Head or Director, shall have free entry into areas covered by a license agreement, license, lease or permit.
Forest officers are authorized to administer oath and take acknowledgment in official matters connected with the functions of their office, and to take testimony in official investigations conducted under the authority of this Code and the implementing rules and regulations. Scaling stations. In collaboration with appropriate government agencies, the Bureau shall establish control or scaling stations at suitably located outlets of timber and other forest products to insure that they were legally cut or harvested.
Mining operations. Mining operations in forest lands shall be regulated and conducted with due regard to protection, development and utilization of other surface resources. Location, prospecting, exploration, utilization or exploitation of mineral resources in forest reservations shall be governed by Mining laws, rules and regulations. No location, prospecting, exploration, utilization, or exploitation of mineral resources inside forest concessions shall be allowed unless proper notice has been served upon the licensees thereof and the prior approval of the Director, secured.
Mine tailings and other pollutants affecting the health and safety of the people, water, fish, vegetation, animal life and other surface resources, shall be filtered in silt traps or other filtration devices and only clean exhausts and liquids shall be released therefrom. Surface-mined areas shall be restored to as near its former natural configuration or as approved by the Director prior to its abandonment by the mining concern.
Mineral Reservations. Mineral reservations which are not the subject of mining operations or where operations have been suspended for more than five 5 years shall be placed under forest management by the Bureau. Mineral reservations where mining operations have been terminated due to the exhaustion of its minerals shall revert to the category of forest land, unless otherwise reserved for other purposes. Roads and other infrastructure. Roads and other infrastructure in forest lands shall be constructed with the least impairment to the resource values thereof.
They shall likewise extend assistance in the planning and establishment of roads, wharves, piers, port facilities, and other infrastructure in locations designated as wood-processing centers or for the convenience of wood-based industries. In order to coincide and conform to government plans, programs, standards, and specifications, holders of license agreements, licenses, leases and permits shall not undertake road or infrastructure construction or installation in forest lands without the prior approval of the Director, or in alienable and disposable lands, civil reservations and other government lands, without the approval of the government agencies having administrative jurisdiction over the same.
All roads and infrastructure constructed by holders of license agreements, licenses, leases and permits belong to the State and the use and administration thereof shall be transferred to the government immediately upon the expiration or termination thereof. Prior thereto the Bureau may authorize the public use thereof, if it will not be detrimental to forest conservation measures. Logging roads. There shall be indiscriminate construction of logging roads.
Such roads shall be strategically located and their widths regulated so as to minimize clear-cutting, unnecessary damage or injury to healthy residuals, and erosion. Their construction must not only serve the transportation need of the logger but, most importantly, the requirement to save as many healthy residuals as possible during cutting and hauling operations. Management of occupancy in forest lands. Forest occupancy shall henceforth be managed.
The Bureau shall study, determine and define which lands may be the subject of occupancy and prescribed therein, an agro-forestry development program. Any occupancy in forest land which will result in sedimentation, erosion, reduction in water yield and impairment of other resources to the detriment of community and public interest shall not be allowed. Census of kaingineros, squatters, cultural minorities and other occupants and residents in forest lands. Henceforth, no person shall enter into forest lands and cultivate the same without lease or permit. A complete census of kaingineros, squatters, cultural minorities and other occupants and residents in forest lands with or without authority or permits from the government, showing the extent of their respective occupation and resulting damage, or impairment of forest resources, shall be conducted.
The Bureau may call upon other agencies of the government and holders of license agreement, license, lease and permits over forest lands to participate in the census. Criminal Prosecution. Kaingineros, squatters, cultural minorities and other occupants who entered into forest lands before the effectivity of this Code, without permits or authority, shall not be prosecuted: Provided, That they do not increase their clearings: Provided, further, That they undertake, within two 2 months from the notice thereof, the activities which will be imposed upon them by the Bureau in accordance with a management plan calculated to conserve and protect forest resources.
Pasture in forest lands. Forest lands which are being utilized for pasture shall be maintained with sufficient grass cover to protect soil, water and other forest resources. If grass cover is insufficient, the same shall be supplemented with trees or such vegetative cover as may be deemed necessary. The size of forest lands that may be allowed for pasture and other special uses shall be determined by rules and regulations, any provision of law to the contrary notwithstanding. Wildlife may be destroyed, killed, consumed, eaten or otherwise disposed of, without the necessity of permit, for the protection of life, health, safety and property, and the convenience of the people.
However, the Director may regulate the killing and destruction of wildlife in forest lands in order to maintain an ecological balance of flora and fauna. The Bureau shall, in the preparation of multiple-use management plans, identify and provide for the protection of scenic areas in all forest lands which are potentially valuable for recreation and tourism, and plan for the development and protection of such areas to attract visitors thereto and meet increasing demands therefor. The construction and operation of necessary facilities to accommodate outdoor recreation shall be done by the Bureau with the use of funds derived from rentals and fees for the operation and use of recreational facilities by private persons or operators, in addition to whatever funds may be appropriated for such purposes.
Other special uses of forest lands. Forest lands may be leased for a period not exceeding twenty-five 25 years, renewable upon the expiration thereof for a similar period, or held under permit, for the establishment of sawmills, lumber yards, timber depots, logging camps, rights-of-way, or for the construction of sanatoria, bathing establishments, camps, salt works, or other beneficial purposes which do not in any way impair the forest resources therein. Diffusion of benefits. The privilege to utilize, exploit, occupy, or possess forest lands, or to conduct any activity therein, or to establish and operate wood-processing plants, shall be diffused to as many qualified and deserving applicants as possible.
All other factors being equal, the applicant with more Filipino equity and participation shall be preferred. Financial and technical capability. No license agreement, license, lease or permit over forest lands shall be issued to an applicant unless he proves satisfactorily that he has the financial resources and technical capability not only to minimize utilization, but also to practice forest protection, conservation and development measures to insure the perpetuation of said forest in productive condition.
Unless authorized by the Department Head, no licensee, lessee, or permittee may transfer, exchange, sell or convey his license agreement, license, lease or permit, or any of his rights or interests therein, or any of his assets used in connection therewith. The licensee, lessee, or permittee shall be allowed to transfer or convey his license agreement, license, lease or permit only if he has not violated any forestry law, rule or regulation; has been faithfully complying with the terms and conditions of the license agreement, license, lease or permit; the transferee has all the qualifications and none of the disqualifications to hold a license agreement, license, lease or permit; there is no evidence that such transfer or conveyance is being made for purposes of speculation; and the transferee shall assume all the obligations of the transferor.
The transferor shall forever be barred from acquiring another license agreement, license, lease or permit. Service contracts. The Department Head, may in the national interest, allow forest products licensees, lessees, or permittees to enter into service contracts for financial, technical, management, or other forms of assistance, in consideration of a fee, with any foreign person or entity for the exploration, development, exploitation or utilization of the forest resources, covered by their license agreements, licenses, leases or permits.
Existing valid and binding service contracts for financial, technical, management or other forms of assistance are hereby recognized as such. Equity sharing. The plan shall be so implemented that the sale of the shares of stock shall be effected by the corporation not later than the sixth year of its operation, or the first year of the effectivity of this Code, if the corporation has been in operation for more than 5 years prior to such effectivity.
No corporation shall be issued any license agreement, license, lease or permit after the effectivity of this Code, unless it submits such a plan and the same is approved for implementation within the sixth year of its operation. The Department Head shall promulgate the necessary rules and regulations to carry out the provisions of this section, particularly on the determination of the manner of payment, factors affecting the selling price, establishment of priorities in the purchase of the shares of stock, and the capability of the deserving employees and laborers.
The industries concerned shall extend all assistance in the promulgation of policies on the matter, such as the submission of all data and information relative to their operation, personnel management, and asset evaluation. Charges, fees and bonds. The Department Head, upon recommendation of the Director, shall fix the amount of charges, rental, bonds and fees for the different kinds of utilization, exploitation, occupation, possession, or activity inside forest lands, the filing and processing of applications therefor, the issuance and renewal of license agreements, licenses, leases and permits, and for other services; Provided, That all fees and charges presently being collected under existing laws and regulations shall continue to be imposed and collected until otherwise provided; Provided, further, That timber taken and removed from private lands for commercial purposes shall be exempt from the payment of forest charges.
Authority of Department Head to impose other fees. In addition to the fees and charges imposed under existing laws, rules and regulations, the Department Head is hereby authorized, upon recommendation of the Director and in consultation with representatives of the industries affected, to impose other fees for forest protection, management, reforestation, and development, the proceeds of which shall accrue into a special deposit of the Bureau as its revolving fund for the aforementioned purposes.
Collection and Disbursement. The collection of the charges and fees above-mentioned shall be the responsibility of the Director or his authorized representative. The Director shall remit his monthly collection of fees and charges mentioned in Section 64 to the Treasurer of the Philippines within the first ten 10 days of the succeeding month; Provided, That the proceeds of the collection of the fees imposed under Section 65 and the special deposit heretofore required of licensees shall be constituted into a revolving fund for such purposes and be deposited in the Philippine National Bank, as a special deposit of the Bureau.
The Budget Commissioner and the National Treasurer shall effect the quarterly releases out of the collection accruing to the general fund upon request of the Director on the basis of a consolidated annual budget of a work program approved by the Department Head and the President. In the case of the special deposit revolving fund, withdrawals therefrom shall be effected by the Department Head on the basis of a consolidated annual budget prepared by the Director of a work program for the specific purposes mentioned in Section Basis of Assessment.
Tree measurement shall be the basis for assessing government charges and other fees on timber cut and removed from forest lands, alienable or disposable lands, and the civil reservations; Provided, That until such time as the mechanics of tree measurement shall have been developed and promulgated in rules and regulations, the present scaling method provided for in the National Internal Revenue Code shall be used. The Director may, with the approval of the Department Head, prescribe a new method of assessment of forest products and collection of charges thereon based upon the result of production cost and market studies undertaken by the Bureau; Provided, That such charges shall not be lower than those now imposed.
Any person who shall cut, gather, collect, or remove timber or other forest products from any forest land, or timber from alienable and disposable public lands, or from private lands, without any authority under a license agreement, lease, license or permit, shall be guilty of qualified theft as defined and punished under Articles and of the Revised Penal Code; Provided, That in the case of partnership, association or corporation, the officers who ordered the cutting, gathering or collecting shall be liable, and if such officers are aliens, they shall, in addition to the penalty, be deported without further proceedings on the part of the Commission on Immigration and Deportation.
The Court shall further order the confiscation in favor of the government of the timber or forest products to cut, gathered, collected or removed, and the machinery, equipment, implements and tools used therein, and the forfeiture of his improvements in the area. The same penalty plus cancellation of his license agreement, lease, license or permit and perpetual disqualification from acquiring any such privilege shall be imposed upon any licensee, lessee, or permittee who cuts timber from the licensed or leased area of another, without prejudice to whatever civil action the latter may bring against the offender.
Unlawful occupation or destruction of forest lands. Any person who enters and occupies or possesses, or makes kaingin for his own private use or for others any forest land without authority under a license agreement, lease, license or permit, or in any manner destroys such forest land or part thereof, or causes any damage to the timber stand and other products and forest growths found therein, or who assists, aids or abets any other person to do so, or sets a fire, or negligently permits a fire to be set in any forest land shall, upon conviction, be fined in an amount of not less than five hundred pesos P The Court shall further order the eviction of the offender from the land and the forfeiture to the Government of all improvements made and all vehicles, domestic animals and equipment of any kind used in the commission of the offense.
If not suitable for use by the Bureau, said vehicles shall be sold at public auction, the proceeds of which shall accrue to the Development Fund of the Bureau. In case the offender is a government official or employee, he shall, in addition to the above penalties, be deemed automatically dismissed from office and permanently disqualified from holding any elective or appointive position. Pasturing Livestock. Imprisonment for not less than six 6 months nor more than two 2 years and a fine equal to ten 10 times the regular rentals due, in addition to the confiscation of such livestock and all improvement introduced in the area in favor of the government, shall be imposed upon any person, who shall, without authority under a lease or permit, graze or cause to graze livestock in forest lands, grazing lands and alienable and disposable lands which have not as yet been disposed of in accordance with the Public Land Act; Provided, That in case the offender is a corporation, partnership or association, the officers and directors thereof shall be liable.
Illegal occupation of national parks system and recreation areas and vandalism therein.
Any person who shall, without permit, occupy for any length of time any portion of the national parks system or shall, in any manner, cut, destroy, damage or remove timber or any species of vegetation or forest cover and other natural resources found therein, or shall mutilate, deface or destroy objects of natural beauty or of scenic value within areas in the national parks system, shall be fined not less than two hundred P If the offender is an association or corporation, the president or manager shall be directly responsible and liable for the act of his employees or laborers.
Destruction of wildlife resources. Any person violating the provisions of Section 55 of this Code, or the regulations promulgated thereunder, shall be fined not less than one hundred P Survey by unauthorized person. A large in scale and natural in its appearance, or. B small to medium in scale but with some angular characteristics;. A very large in scale,.
B rectilinear and geometric in shape, or. C both. A the spread of pests, or. B a significant reduction in the economic value of the timber due to a deterioration in the quality of the timber. A to recover timber damaged by fire, insect infestation, wind or other similar events, or. B for sanitation treatments, or. A in accordance with the applicable stocking standards for that cutblock, as described under section 16,. Division 2 — Relief from or Funding of Obligations. A a replaceable tree farm licence or forest licence, or.
B a replaceable timber sale licence that has an allowable annual cut greater than 10 m 3 ,. B a replaceable timber sale licence that has an allowable annual cut greater than 10 m 3 , and. B a replaceable timber sale licence that has an allowable annual cut greater than 10 m 3. A the person has not provided a proposed course of action under subsection 2 b , or. B the proposed course of action under subsection 2 b is unacceptable. A made a material misrepresentation or misstatement of fact in the declaration in relation to the obligation, or.
B omitted information from the declaration that the person knew or ought to have known was material to determining whether the obligation had been fulfilled to the extent that is practicable, and. A one or more site level plans, and. B an area without a site level plan, and. Contents Part 1 — Interpretation 1 Definitions 1. Categories of visually altered forest landscape 1.
Forest and Range Practices Act
Activities and categories of persons prescribed for forest practices 1. Removing Crown timber to protect a community from wildfire 4. Application of this Division to forest stewardship plans 4. Objectives set by government for fish habitat in fisheries sensitive watersheds 8. Objectives set by government for water in community watersheds 8.
Objectives set by government for wildlife and biodiversity — stand level 9. Objectives set by government for visual quality 9. Exemptions — when undertaking given for compliance with specified regulations Conditional exemption — section 35 or 36 Conditional exemption — section Conditional exemption — from one or more of sections 47 to 53 Conditional exemption — section 55, 56 or 57 Conditional exemption — section 59, 60 or 61 Conditional exemption — section 64 or 65 Conditional exemption — section 66 or 67 Limited content forest stewardship plans When forest stewardship plan not required Certification of content Consistency of intended results and strategies with objectives Approval in emergency cases Criteria for when section 8 of the Act does not apply Amendments required where certification wrongly given Exemptions under section 4 1 e of the Act Exemptions under section 4 2 of the Act Secondary structure retention in mountain pine beetle affected stands Given under our hands, this 1st December In connection with the preceding general instructions to Captain Stanley, it will be necessary to give a portion of those more explicit directions furnished by the Hydrographer, Rear-Admiral Sir Francis Beaufort.
On your arrival at Sydney you should take the earliest opportunity of communicating with Lieutenant Yule, in order to learn how much has been executed, by the Bramble and her tender, of the orders which he received from Captain Blackwood, and you will no doubt avail yourself of his long experience in those seas in digesting your plan of future operations. A letter from the Colonial Office having recently apprised their Lordships that it is the intention of her Majesty's Government to form a new settlement at Hervey Bay, and having requested that it may be duly examined with that view, your first undertaking, after leaving Sydney, should be to repair to that place, and to make an efficient survey of the whole bay, extending it down through the channel into Wide Bay, and marking the best anchorages, the most convenient landing-places, and the several parts where water may be found.
And as it appears that Colonel Barney, R. In your way to this district, and indeed on every part of the shores of Australia, you should lose no fair opportunity of verifying the positions--of multiplying the soundings--and of improving the smaller details of the coast as laid down by Captain P. King in his excellent Survey, but which he had not time or means to effect with the same accuracy that will be in your power. By carrying on this system of correction and improvement in our present charts from Hervey Bay along the narrow navigation which is generally known by the name of the Inshore Passage, between the coast and the Barrier Reefs, a very great benefit will be conferred on those masters of vessels who would be the more readily inclined to adopt that channel, if certain parts of it were so clearly delineated, and the soundings so spread on either side of the tracks, that they could sometimes continue under sail during the night.
However necessary it was, and is, to contribute as much as possible to the safety of those vessels who choose the outer voyage by the Barrier Reefs, it is not the less our duty to facilitate the navigation of the Inshore Passage to all vessels who prefer its tranquillity and security to the risk of the former; and your labours for the accomplishment of this object will prove to be of peculiar importance when steam communication between Singapore and Sydney shall be established.
In the general and searching examination of those parts of the Coral Sea which are likely to be traversed by ships steering for Torres Strait, you will be obliged to regulate your movements by the periodic changes of the weather and monsoons--probably beginning to windward, and dropping gently to leeward by close and well-arranged traverses, and by spreading out your three vessels to a convenient distance apart.
This great expanse of sea, which may be said to stretch from Lord Howe's Island to New Caledonia and to the Louisiade, would no doubt require many years work in order to accomplish that object; but, by dividing it into definite zones or squares, and by fully sifting those which you may undertake, a certain quantity of distinct knowledge will be gained. Navigators in crossing those zones will then be sure of their safety, and future surveyors will know exactly on what parts to expend their labours.
In carefully exploring the northernmost, and apparently the safest entrance from the Pacific, which may be called Bligh's Channel, you will connect the islands with a survey of the coast of New Guinea, as well as with the edge of the Warrior Reef, and as there are throughout moderate soundings, you will probably be able to draw up such clear directions as will enable the mariner to use it in moderate weather by night, and to beat through it at all times.
Characteristic views of the coast and hills of New Guinea, as well as of each island, both from the eastward and westward, will greatly assist him by the immediate certainty of his landfall, and will also materially add to your means of giving proper marks and bearings for avoiding the dangers. In Torres Strait you will find much to do--not only has a new rock been discovered in the middle of the Endeavour Channel, but the water in its western opening is only four and a half fathoms, and there seems no reason for not believing that Prince of Wales Channel is safer, easier, and more direct.
But before we can decide upon that point, an accurate survey must be made of it, throughout its length and breadth, including the adjacent islands, and showing their anchorages and watering-places, as well as the nature of the soil, and the kind of timber they produce, along with a full investigation of the tides. The connection of that Strait with Bligh's Farewell should also be examined, for many circumstances may render it highly necessary that the Admiralty should be made aware of what means there are to pass from one ocean to the other, without being observed from Cape York.
On this latter Cape Government have for some time contemplated a station, and it will therefore be very desirable to fix upon a convenient but secure anchorage in its neighbourhood. Our latest surveys do not show much promise of finding such a port; but, perhaps, inside the reefs beyond Peak Point, or more likely between Albany Island and the main, a snug place may be discovered for that purpose.
In tracing out the approach to Bligh's Farewell, you will be led to examine the southern face of New Guinea as far as Cape Valsche; but after verifying the position of this point, it will be prudent to quit the shores of that island, and not to meddle with any part of it over which the Dutch claim jurisdiction. When you have arrived at this distant point, the south-east monsoon will probably render it necessary to repair to Port Essington for such supplies as may by previous arrangement have been sent there for you from Sydney; or perhaps unforeseen events might render it more expedient to proceed for refreshments to some of the islands in the Arafura Sea, or it is possible to one of the Dutch settlements in Java.
And in either of these two latter cases you should make a complete survey of the island to which you have proceeded, or you should select any one of the eastern passages from Bally to Floris most convenient to the object you have in view, and then lay it down with precision. Of the many well-known passages between the innumerable islands of that great Archipelago, there is not one which has ever been charted with plausible accuracy; and it cannot be too strongly impressed on your mind that hydrography is better served by one accurate chart than by ten approximate sketches.
The several objects of this highly interesting expedition having thus been briefly enumerated, I have only to remind you that their Lordships do not prescribe to you the order in which they are to be executed, leaving it to your own prudence, and to your experience in those climates, so to arrange them that each part of your survey shall be complete in itself, and that each step in your progress shall be conducive to its successor.
Signed: F. The Rattlesnake left Spithead on December 3rd, and on the 11th took her final departure from Plymouth, which place we had called at to complete her fittings, swing the ship a second time to ascertain the amount of local attraction, and receive some specie for the Cape of Good Hope and the Mauritius. Being favoured by strong northerly winds, we reached Madeira on December 18th, after a quick, but most uncomfortable passage; during the greater part of which the main and lower decks were partially flooded, owing to the inefficiency of the scuppers, and the leaky state of nearly every port and scuttle in the ship.
December 20th. The scenery of Madeira has been so often described by voyagers, who, from Cook downwards, have made it the first stage in their circumnavigation of the globe, as to render superfluous more than a few passing allusions. When near enough to distinguish the minor features of the island, the terraced slopes of the mountainsides converted into vineyards and gardens studded with the huts of the peasantry, presented a pleasing aspect to visitors, whom a week's sailing had brought from the snow-clad shores of England.
Here and there a whitewashed chapel or picturesque villa lent a charm to the scenery by contrasting strongly with the patches of green upon the slopes, the deep blue of the ocean, and the delicate white of the ever-changing clouds of mist which rolled incessantly along, while the rugged summit of the island, and the deep ravines radiating towards the coast-range of precipitous cliffs, gave an air of wildness to the scene. The town of Funchal, said to contain about 25, inhabitants, is situated upon the slope of an amphitheatre of hills, behind the only anchorage of the island. The finest view is obtained from the balcony of a church dedicated to Nossa Senhora de Monte, situated at a considerable elevation above the town.
Here one looks down upon the numerous quintas and cottages of the suburbs embosomed in gardens and vineyards, the orange groves and clumps of chestnut trees, the snow-white houses of Funchal with its churches and public buildings, the citadel frowning over the town, the calm waters of the bay with the vessels at anchor gently heaving to and fro on the long westerly swell, the Ilheo rock and batteries, the bold headlands, and the dim outline of the distant Desertas.
Some of the streets are pleasantly shaded by rows of plane-trees Platanus occidentalis. Several deep ravines passing through the town are carefully walled in, to prevent damage being done by the torrents which occasionally sweep down the mountain, carrying everything before them. From the steepness of the narrow roads and streets, wheeled vehicles can scarcely be used, and sledges drawn by small bullocks supply their place, while the wine, the chief article of export, is conveyed into the town in goat-skins carried on the shoulder.
December 23rd. Few strangers remain long in Madeira without paying a visit to the Curral, and a large party of us left the ship for that purpose this morning. At first the road led through a series of narrow lanes frequently separated from the fields and vineyards on either side by hedges of roses, honeysuckle, jasmine and fuchsias; now and then passing under successions of trellis-work covered by the vines when in full vigour, and then forming long shady vistas. For several miles we wound our way along the hillsides, down deep ravines, and up steep rocky slopes. In spite of the ruggedness of the path, our horses progressed with wonderful alacrity, although occasionally impeded by the additional weight of the attendant burroqueros holding on by the tail, and laughing at our efforts to dislodge them.
On reaching the shoulder of one of the hills, we found the ravines and valleys below us filled with dense mist. Here, at an elevation of feet, a species of spruce-like pine appeared to thrive well. The path, which at times is not more than three feet wide, now winds along the sides of the mountain with many sharp turnings; heading numerous ravines, the frightful nature of which was partially concealed by the obscurity of the mist.
Shortly afterwards the mist gradually dissolved, unveiling the magnificent scenery below and around. A winding path leads to the bottom--a small fertile valley watered by a streamlet which leaves it by a deep gorge on the left, and forms a picturesque waterfall on its way to the sea. The scattered rustic huts and snow-white chapel of the Curral complete the picture of this peaceful and secluded spot, buried in the very heart of the mountains.
The height of the Pico dos Bodes, determined in the usual way by the mountain barometer, was found by Lieutenant Dayman to be feet; his observations on the magnetic dip and intensity for which see the Appendix are interesting, as showing a great amount of local attraction at the summit. There is reason to suppose the Curral to have been the principal, although not the only centre of that submarine volcanic action, during the continuance of which Madeira first emerged from the sea, an event, which the evidence afforded by the limestone fossils of St.
Vincente on the north side of the island associates with the tertiary epoch. See Paper by Dr. Although it is now the middle of winter, today's excursion afforded many subjects of interest to a naturalist. Some beautiful ferns, of which even the commonest one Adiantum capillus-veneris would have been much prized by an English botanist as a very rare British species, occurred on the dripping rocks by the roadside, and many wild plants were in flower on the lower grounds.
Even butterflies of three kinds, two of which Colias edusa and Cynthia cardui are also found in Britain, occurred, although in small numbers, and at the Pass of the Curral coleoptera of the genera Pimelea and Scarites, were met with under stones along with minute landshells, Bulimus lubricus, Clausilia deltostoma, and a Pupa. After a stay of eight days, we left Madeira for Rio de Janeiro, and on January 2nd picked up the south-east trade wind, and passed through the Cape de Verde Islands to the southward between Mayo and St.
Two days afterwards, in latitude 9 degrees 30 minutes North, and longitude 22 degrees 40 minutes West, a slight momentary shock, supposed to be the effect of an earthquake, was felt throughout the ship. On the 11th an attempt was made to strike deep-sea soundings, but failed from the drawing of a splice used to connect two portions of the spun-yarn employed.
On the following day the attempt was repeated by Captain Stanley, unsuccessfully, however, no bottom having been obtained at a depth of fathoms. Still a record of the experiment may be considered interesting. At three P. The jolly-boat was in attendance to tow the cutter as fast to whirlwind as she drifted, so as to keep the line during the time it was running out as nearly up and down as possible.
The forenoon of January 13th was employed in the performance of the usual ceremonies on crossing the line, a custom now happily falling into desuetude--I allude to it merely for the purpose of mentioning its unfortunate consequences in the present instance; for, although the whole proceeding was conducted with the greatest good humour, we had soon afterwards to lament the occurrence of a fatal case of pleurisy, besides another scarcely less severe, believed by the medical officers to have been induced by forcible and continued submersion in what is technically called the pond, one part of the performance which novices are obliged to submit to during these marine Saturnalia.
The most interesting occurrence in natural history during the passage, in addition to the usual accompaniments of flying fish, dolphins, physaliae and velellae, was our finding, in the neighbourhood of the equator, considerable numbers of a rare British bird, Thalassidroma leachii, a species of storm-petrel, not before known to extend its range to the tropics; it was distributed between the tropic of Cancer and latitude 5 degrees South.
As we approached the South American coast, the rates of several of our seventeen chronometers fifteen Government and two private ones were found to have strangely altered, thus reducing the value of our meridian distance between Madeira and Rio; this effect was ascribed to the firing of shotted guns when exercising at general quarters, a practice which in consequence was not afterwards repeated. January 23rd. I shall not soon forget my first view of the shores of the new world.
The morning was beautifully fine, and with a light breeze scarcely sufficient to cause a ripple on the water, we were slipping past the high and remarkable promontory of Cape Frio, which at first appeared like an island. A long beach of glittering sand stretched away to the westward, and was lost in the distance; behind this a strip of undulating country, clad here and there in the richest green, was backed by a range of distant wooded hills, on which many clumps of palms could be distinguished.
Few harbours in the world present a more imposing entrance than that of Rio de Janeiro. Several islands lie off the opening, and on either side the coast range terminates in broken hills and ridges of granite, one of which, Pao d'Acucar, the Sugarloaf of the English, rises at once from near the water's edge to the height of feet, as an apparently inaccessible peak, and forms the well-known landmark for the entrance. Passing the narrows where the width is a mile and a quarter strongly guarded by fortifications, of which Fort Santa Cruz, an extensive work, with several tiers of guns occupying a rocky point, is the principal, the harbour widens out with beautiful sandy bays on either side, and rocky headlands covered with luxuriant vegetation.
Here the view of the city of Rio de Janeiro is magnificent. The glare of the red-tiled buildings, whitewashed or painted yellow, is relieved by the varied beauty of the suburbs and gardens, and the numerous wooded eminences crowned by churches and other conspicuous public edifices. Beyond the city the harbour again widens out to form an immense basin, studded with green islands, extending backwards some seventeen or eighteen miles further towards the foot of the Organ Mountains, remarkable for their pinnacled summits, the highest of which attains an elevation of feet above the sea.
The harbour presented a busy scene from our anchorage. The water was alive with small craft of every description, from the large felucca-rigged boat down to the fishing canoe simply constructed of a hollowed-out log, and steamers crowded with passengers plied between the city and the opposite shore. The seabreeze died away, and was succeeded by a sultry calm; after a short interval, the grateful land wind, laden with sweet odours, advanced as a dark line slowly stealing along the surface of the water, and the deep boom of the evening gun echoing from hill to hill may be said appropriately to have closed the scene.
Landing at the Largo do Paco, or palace square, my first favourable impressions of the city of Rio de Janeiro were somewhat lessened by the stench arising from offal on the beach, and the vicinity of the market, under the conjoined influence of a perfect calm and a temperature of 90 degrees in the shade. The palace, now used by the emperor only on court days, has two sides of the large irregular square in which it is situated, occupied by shops and other private buildings. Close by is the market, which the stranger, especially if a naturalist, will do well to visit.
The variety of fruits and vegetables is great, that of fish scarcely less so. On the muddy shore in the background, the fishing canoes are drawn up on their arrival to discharge their cargoes, chiefly at this time consisting of a kind of sprat and an anchovy with a broad lateral silvery band. Baskets of land crabs covered with black slimy mud, of handsome Lupeae, and the large well-flavoured prawns, called Cameroons, are scattered about, and even small sharks Zygaenae, etc.
The streets, which, with few exceptions, are very narrow, are paved with large rough stones--they have usually a gutter in the centre, and occasionally a narrow pavement on each side. For building purposes, unhewn granite is chiefly used, the walls being afterwards smoothed over with a layer of plaster, whitewashed, and margined with yellow or blue. The two principal streets are the Rua Direita, the widest in the city, and the principal scene of commercial transactions, and the narrow Rua do Ouvidor, filled with shops, many of which equal in the richness and variety of their goods the most splendid establishments of European capitals.
Of these the most tempting, and the most dangerous to enter with a well-filled purse, is the famous feather-flower manufactory of Mme. Finot, where the gorgeous plumage of humming birds and others of the feathered tribe is fabricated into wreaths and bouquets of all kinds. Although the absence of sewerage is everywhere apparent, the town is well supplied with water from numerous large fountains, filled by pipes from an aqueduct five or six miles in length, communicating with the Corcovado mountain.
One is struck with the comparative absence of wheeled vehicles in the streets of Rio. Now and then a clumsy caleche is driven past by a negro postillion, in blue livery and jackboots, riding a second horse yoked outside the shafts, and omnibuses drawn by four or six mules, are not infrequently met with, and seem to be much patronised.
Many of the walks in the neighbourhood of the city are exceedingly beautiful; one of the pleasantest leads along the line of the aqueduct. Here the botanist fresh from Europe, will find subjects of interest at every step, and the entomologist may revel to his heart's content among gaudily coloured Heliconiae, Hesperiae, and Erycinae, or watch the larger butterflies of the restricted genus Papilio, slowly winging their lazy flight among the trees just beyond the reach of his insect net.
A common butterfly here Peridromia amphinome has the singular habit of frequenting the trunks and limbs of the trees where it rests with expanded wings, and generally manages adroitly to shift its position, and escape when swept at with the net. Some large dark Cicadae are common among the branches, and the air often resounds with their harsh grating cries, especially towards evening. On the trunks of various trees along the path, especially a thorny-stemmed Bombax, the pretty Bulimus papyraceus is common, with an occasional B. Some of the lanes, in which, on one occasion I lost my way, about dusk, would have reminded me of those of the south of England on a fine autumnal eve, were it not for the scattered palms and papaw trees in the hedgerows, and the hedges themselves occasionally consisting of the coffee plant, concealing clumps of banana and sugar-cane.
The Cicadae were singing their evening hymn from the branches overhead, and in due time the fireflies came out in all their glory. I had looked forward with eager anticipation to the result of the first dredging of the Voyage. None of the ship's boats could be spared, so I hired one pulled by four negro slaves, who, although strong active fellows, had great objections to straining their backs at the oar, when the dredge was down.
No sieve having been supplied, we were obliged to sift the contents of the dredge through our hands--a tedious and superficial mode of examination. Still some fine specimens of a curious flat sea-urchin Encope marginata and a few shells, encouraged us to persevere.
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Two days after, Mr. Huxley and myself set to work in Botafogo Bay, provided with a wire-gauze meat cover, and a curious machine for cleaning rice; these answered capitally as substitutes for sieves, and enabled us by a thorough examination of the contents of the dredge, to detect about forty-five species of mollusca and radiata, some of which were new to science. Among these acquisitions I may mention a new species of Amphioxus, a genus of small fishes exhibiting more anomalies than any other known to ichthyologists, and the lowest organisation found in the class; it somewhat resembles the sand-eels of Britain in habits, like them moving with extraordinary rapidity through the sand.
By dint of bribery and ridicule, we had at length managed to get our boatmen to work tolerably well; and when we were alike well roasted by the sun and repeatedly drenched, besides being tired out and hungry, they had become quite submissive, and exchanged their grumbling for merriment. A more lovely spot can scarcely be found, than the secluded bay of Botafogo with its pretty village, and the noble Corcovado mountain immediately behind, and we paid it other visits. One of the principal characteristics of Rio is slavery. Slaves here perform the work of beasts of burden; and in the business parts of the city the attention of a stranger is sure to be arrested by gangs of them heavily laden, proceeding at a jog-trot, timing their steps to a monotonous song and the noise of a tin rattle filled with stones, carried by their leader.
What their domestic condition and treatment may be, I know not, but, among the slaves one sees out of doors, the frequency of iron collars round the neck, and even masks of tin, concealing the lower part of the face, and secured behind with a padlock, would seem to indicate extreme brutality in those capable of resorting to such means of punishment. Yet these, I was told, were rare exceptions, the Brazilians not being worse task-masters than the people of other slave-holding countries--and such may be the case.
Whatever he may think of the true state of religious feeling, it soon becomes obvious to a stranger that great care is taken to celebrate the numerous festivals of the Church with all possible pomp and splendour. One day I happened to encounter a procession in honour of St. Januarius, the patron saint of Rio. The number of ecclesiastics taking a part amounted to several hundreds, and a body of military brought up the rear.
The streets and windows were crowded with people in their holiday costume, bands of music were playing, bells were ringing, flowers were scattered about and showered down from the houses. The profusion of tinsel and embroidery was very great, and the balconies and windows in the line of procession were hung with rich brocade in all the colours of the rainbow. A short stay, such as ours, afforded very limited opportunities of judging of the national character; and my impressions on this point were, probably, often erroneous. The Brazilians and English did not then reciprocate very cordially, on account of the existing state of international relations.
Of late years great advances appear to have been made upon the mother-country, judging from the increasing liberality of their institutions, the establishment of commercial relations abroad, the freedom of discussion and influence of the press, the attention paid to public education especially of the middle classes the support granted to literature and science, and the declining influence of the priesthood in secular matters.
The national character, however, can scarcely be considered as fully formed; the Brazilians have been too recently emancipated from the thraldom of a modified despotism to have made, as yet, any very great progress in developing the elements of national prosperity and greatness which the vast empire of Brazil so abundantly possesses, and the foul blot of slavery, with its debasing influence, still remains untouched. The morning being calm, we were towed out by the boats of the squadron until a light air, the precursor of the seabreeze, set in.
While hove-to outside the entrance, a haul of the dredge brought up the rare Terebratula rosea, and a small shell of a new genus, allied to Rissoa. The remainder of the day and part of the succeeding one were spent in a fruitless search for a shoal said to exist in the neighbourhood, to which Captain Stanley's attention had been drawn by Captain Broughton, of H. At one P. As these were continued during our outward voyage as far as Van Diemen's Land, and the number of observations amounted to 69, the results will more clearly be understood if exhibited in a tabular form, for which the reader is referred to the Appendix.
The depth recorded is that given by Massey's patent sounding machine. As the same quantity of line was always used, the difference of depth of each day should be trifling, varying only in proportion to the ship's drift; yet on several occasions the depth recorded by the machine gives as much as fathoms short of the quantity of line let out. Lieutenant Dayman, R. While engaged in sounding, a process which usually occupied three-quarters of an hour, a boat was always at my service when birds were about the ship, and the state of the sea admitted of going after them--by this means many species of petrels were obtained for the collection.
On one of these occasions, owing to a mistake in lowering the stern boat before the ship had quite lost her way through the water, one of the falls could not be unhooked in time; consequently the boat was dragged over on her broadside, and finally capsized with eight people in her. Some reached one of the life-buoys, which was instantly let go, the others managed to roll the boat over and right her, full of water.
All were eventually picked up by the leeward quarter-boat; the weather one, from the shortness of the davits, would not clear the ship's side, but turned over on her bilge, dipping in the water, and was rendered ineffective when most wanted. This defect in the davits was afterwards remedied by the substitution of other and longer ones, which had formerly belonged to H. A few days afterwards, while miles from the nearest land, we caught a beautiful tern Sterna melanorhyncha hitherto considered to be peculiar to Australia.
For the occurrence of Procellariadae during our outward voyage, with a view to determine the geographical distribution of the species met with by me, see Contributions to Ornithology by Sir W. Jardine, Bart. The surface of the water was absolutely teeming with marine animals. Of these a small Physalia and a Velella V. The latter curious animal, consists of a flat oval expansion, an inch and a half in length, furnished below with numerous cirrhi and a proboscidiform mouth, and above with an obliquely vertical crest, the whole of a rich blue colour with white lines and dots, the soft parts conceal a transparent cartilaginous framework.
The crest acts as a tiny sail hence the name and communicates to the animal a slow rotatory movement while drifting before the wind. Two kinds of Janthinae J. At another time, among many other pelagic crustacea, we obtained three kinds of Erichthus, a genus remarkable for the glassy transparency of its species, also Hyalaea inflexa and H. Not having seen a description of this useful instrument, I may mention that the kind used by Mr. Huxley and myself, consisted of a bag of bunting used for flags two feet deep, the mouth of which is sewn round a wooden hoop fourteen inches in diameter; three pieces of cord, a foot and a half long, are secured to the hoop at equal intervals and have their ends tied together.
When in use the net is towed astern, clear of the ship's wake, by a stout cord secured to one of the quarter-boats or held in the hand. The scope of line required is regulated by the speed of the vessel at the time, and the amount of strain caused by the partially submerged net.go site
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On March 8th, we anchored in Simon's Bay; our passage from Rio de Janeiro, contrary to expectation, had thus occupied upwards of five weeks, owing to the prevalence of light easterly winds from north-east to south-east instead of the westerly breezes to be looked for to the southward of latitude 35 degrees South. We were fortunate, however, in having fine weather during the greater part of that time. The period of our stay at the Cape of Good Hope was devoted to the construction of a chart of Simon's Bay and its neighbourhood, which has since been incorporated with the previous survey of Captain Sir Edward Belcher in H.
Samarang, and published without acknowledgment. The requisite shore observations were made by Captain Stanley and Mr. Obree, while Lieutenants Dayman and Simpson conducted the sounding. Our detention was lengthened by a succession of south-east gales, and the state of the weather throughout was such that during the period of twenty-one days the sounding boats were able to work on six only--the other fine days were devoted to swinging the ships for magnetical purposes.
It was also intended to survey the Whittle shoal in False Bay, but when we sailed, the weather was so thick and unsettled, that Captain Stanley was reluctantly obliged to give it up. Simon's Town is a small straggling place of scarcely any importance, except in connection with the naval establishment kept up here--dockyard, hospital, etc. It is distant from Cape Town twenty-three miles. The neighbourhood is singularly dreary and barren, with comparatively little level ground, and scarcely any susceptible of cultivation. I have often been struck with the great general similarity between the barren and sandy tracts of this district, and many parts of New South Wales, where sandstone is the prevailing rock.
In both countries there are the same low scrubby bushes, at the Cape consisting of Heaths and Proteae, and in Australia of Epacridae and Banksiae--the last the honeysuckles of the Colonists. Even the beautiful sunbirds of the Cape, frequenting especially the flowers of the Proteae, are represented by such of the Australian honeysuckers as resort to the Banksiae. We found the Cape Colony suffering from the long continuance of the Caffre war. As a natural consequence, the price of everything had risen, and there was little specie left in Cape Town. All the troops had been sent to the frontier; a party of bluejackets from the flagship at one time performed garrison duty at Cape Town; the emergency was so great that even some detachments of troops on their way back to England after long service in India, having put in at the Cape for refreshments, were detained and sent to Algoa Bay.
We were all heartily tired of Simon's Bay long before leaving it; not the less so from having this all engrossing Caffre war dinned into our ears from morning to night as an excuse for high prices, and sometimes for extortions, which I had before supposed to be peculiar to new colonies. On April 10th we left Simon's Bay for Mauritius. Our passage of twenty-four days presented little remarkable. I have since learned that H. Meander, Captain the Honourable H. Keppel, struck soundings on this bank, but have not been able to procure the particulars.
During this passage some important observations were made by Captain Stanley and Lieutenant Dayman to determine the height, length, and velocity of the waves. The results will be apparent from the following tabular view. April 24 : 6 : 4 : 6 : 20 : 50 : 24 : Ship before the wind with a heavy following sea. The height was determined by watching when the crest of the wave was on a level with the observer's eye the height above the trough of the sea being known either while standing on the poop or in the mizzen rigging; this must be reduced to one half to obtain the absolute height of the wave above the mean level of the sea.
The length and velocity were found by noting the time taken by the wave to traverse the measured distance yards between the ship and the spar towing astern. In column 3, the number 4 denotes a moderate breeze, and 5 a fresh breeze. Oceanic birds were plentiful in our wake, and gradually dropped off as we approached the tropic.
On May 2 the vicinity of land was denoted by the appearance of four tropic birds Phaeton aethereus and a tern; and next evening, shortly before sunset, we sighted the Island of Mauritius, the Bamboo Mountain at Grand Port being the first part seen. We rapidly closed in with the land, and during the night were near enough to see the surf on the coral reefs fringing the shore, it assuming the appearance, in the bright moonshine, of a sandy beach of glittering whiteness.
Captain Stanley remarks, that "The reef on the east side of the island projects further than is laid down on the Admiralty chart, and as from the prevalence of the south-east trade a current is constantly setting to the westward, vessels approaching this part of the island should be very cautious, even with a leading wind, not to get too close in with the land until the passage between Gunner's and Round Island is well under the lee.
At night, also, the distance from the land, when off the north-east end of the island, is very deceiving, as the plains of Pamplemousses are very low. The Rattlesnake, in passing at night between the Gunner's Quoin and Flat Island, experienced a strong set of nearly three miles an hour to the westward, which at times is said to be much stronger, and partakes in some measure of the nature of the tide.
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May 4th. When I came upon deck I found that we had rounded the north end of the island, and were beating up for Port Louis. It was a delightful morning, with bright sunshine, smooth water, a gentle trade wind, and an unclouded sky.
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