AMENDING SECTION 1 OF MEMORANDUM CIRCULAR NO. 5, SERIES OF 1990, “GUIDELINES ON THE CUTTING OF MANGROVE TREE SPECIES WITHIN APPROVED FLA AREAS”

The cutting of mangrove species, including nipa palm, within
existing Fishpond Lease Agreement (FLA) areas is allowed pursuant to
Sections 4 and 7 of DENR Administrative Order No. 15 dated February 1,
1990 subject to the following conditions:

1.1 No cutting of
trees within duly approved FLA areas shall be allowed without the
benefit of a cutting permit issued by the DENR;

1.2 The area to be cleared for fishpond development shall be part of the approved development plan for the FLA.;

1.3 No cutting permit shall be issued if five (5) or more years have elapsed since the date of issuance of the FLA;

1.4 Buffer zones of mangrove forest 50 meters wide fronting the
seas, oceans and other bodies of water and 20 meters wide on both sides
of river channels/banks must be maintained and/or developed in and
around fishpond areas pursuant to P.D. 705 and Ministry Administrative
Order No. 42, Series of 1986;

1.5 Mangrove wood cut in FLA
areas under a cutting permit shall be turned over to the DENR for
disposition through public bidding, with the permittee/FLA developer
having the right to equal the highest bid within three working days
after the date of bidding;

1.6. An area equivalent to the
aggregate area clear-cut under the permit shall be planted with mangrove
species and maintained for three (3) years with eighty percent (80%)
survival by the FLA developer at the FLA developer’s expense; and

1.7. Performance Bonds shall be put up by the permittee/FLA
developer equivalent to the estimated value of the mangrove wood to be
gathered and the estimated cost of reforestation and maintenance.

SECTION 2. This Circular takes effect immediately.

Adopted: 5 Dec. 1990

(SGD.) FULGENCIO S. FACTORAN, JR.
Secretary