REGULATION IN THE CUTTING/GATHERING AND/OR UTILIZATION OF ANAHAW PALMS

Pursuant to P.D. 705, as amended, and Executive Order No. 192 and in
order to provide a sustained supply of anahaw products to the
end-users, the following regulation for the cutting, gathering and/or
utilization of anahaw palm is hereby promulgated for the information and
guidance of all concerned:

SECTION 1. Policy and Objective . — It is the
policy of the government to encourage maximum utilization on a
sustainable basis and wise-use of non-timber forest products,
particularly anahaw palms.

SECTION 2. Scope and Coverage . — This regulation
shall apply only to anahaw poles and leaves found within forestlands
and alienable and disposable public lands, and titled private lands.
Provided that no cutting/gathering and/or utilization of anahaw palms
shall be allowed in all protected areas covered under the NIPAS ACT.
However, in cases of planted anahaw palms inside titled private lands, a
permit shall no longer be required.

The area to be granted shall not be more than 5,000 hectares in case of individual, and 30,000 hectares for cooperatives.

SECTION 3. Qualified Applicants . — The following
persons may qualify to apply for and be granted a license to cut,
gather and/or utilize anahaw poles and leaves.

3.1       A Filipino citizen of legal age; and
3.2       A cooperative duly registered with the Cooperative Development Authority (CDA);

The applicant who is a resident of the area where the anahaw palms
applied for is located shall have the first priority in the issuance of
the permit within forestlands and alienable and disposable public
lands. However, in titled private lands, only the owner of such lands
may qualify to apply for and be granted a permit.

CBFMA holders may cut, gather and/or utilize anahaw poles and
leaves within their CBFMA area provided that it is covered by an
affirmed Resource Use Permit (RUP).

SECTION 4. Application Requirements. — The following requirements shall be submitted by the applicants:

4.1       Letter of application;
4.2       If applicant is individual, a certification from the
Barangay Chairman that he is a resident of the Barangay where the area
applied for is located. In case, of cooperative, a Certificate of
Registration and of good standing from CDA and a certification of the
Mayor that the members of the cooperative are residents of the
municipality;
4.3       Map showing the area applied for; and
4.4       Authenticated copy of land title.

SECTION 5. Initial Environmental Examination. —
The applicants are required to submit to the concerned DENR Office an
Initial Environmental Examination (IEE) which shall be the basis for the
issuance of an ECC. However, if the area applied for is titled property
of not more than five (5) hectares, ECC is no longer required.

SECTION 6. Forest Products Inventory. — A
inventory of anahaw palms shall be undertaken at 100% intensity within
titled private land and at least 5% intensity within forestland. The
said inventory shall be in accordance with the following procedure:

6.1    The inventory shall be conducted by a Registered Forester;
6.2    Prepare a map of the subject area at appropriate scale where
relevant information shall be indicated e.g. soil cover, river/stream,
etc.;
6.3    The enumerator shall measure the diameter breast height (DBH)
and height/length of the palm to the nearest centimeter and meter,
respectively. Regeneration of anahaw palms shall also be tallied and the
number of leaves per palm shall be recorded;
6.4    All the tallied anahaw palms shall be numbered consecutively with the FIRST and LAST palm be photographed;
6.5    The stand and stock table shall be prepared by diameter and height groupings; and
6.6    The inventory report must be subscribed and sworn to by all
forest officers who conducted the same before a person authorized to
administer oath. All documents required hereto shall be attached to the
report (e.g. original tally sheets, photographs, etc.).

The CENRO concerned shall validate the submitted inventory report
and submit his findings and recommendations to the issuing authorities
thru channel.

SECTION 7. Annual Allowable Cut. — The annual allowable cut to be granted shall be determined as follows:

7.1  Poles: All anahaw poles with diameter breast height
(dbh) of 11 centimeters and above shall be allowed to be cut within
titled private land. The formula to be used in determining the annual
allowable cut of anahaw poles within forestland shall be:

AAC = N x A 15
	where:     AAC	=	annual allowable cut
	N	=	number of anahaw palms per hectare
	A	=	Area (hectares)
	15 yrs	=	harvesting cycle

7.2    Leaves: A maximum of 2 leaves per stem per month
may be granted to be cut and gathered. The annual allowable cut shall be
determined by multiplying the total density of anahaw palms by 24
leaves.

SECTION 8. Non-Timber Forest Product Permit (anahaw palms
). — A Non-Timber Forest Product Permit (NTFPP) shall be issued for
cutting/gathering and/or utilization of anahaw poles and leaves.

SECTION 9. Conditions of the Permit . — All
permittees shall be required to plant two (2) palms for every palm cut.
Non compliance thereof shall be a ground for suspension and/or non
renewal for the permit.

SECTION 10. Issuing Authority . — All NTFPP for anahaw poles and leaves shall be issued by the RED concerned.

SECTION 11. Tenure. — The tenure of the permit shall be one (1) year renewable every year.

SECTION 12. Transport Requirements. — The transport of anahaw poles or leaves shall be accompanied by the following:

12.1    Certificate of non-timber forest products origin (CNFPO);
12.2    Tally sheets;
12.3    Delivery receipts/Auxiliary Invoice; and
12.4    In case of planted anahaw palms gathered inside titled
private lands, only a certificate of verification issued by DENR local
official at the CENRO level shall accompany the transport.

SECTION 13. Penal Provisions. — Any anahaw poles
or leaves covered by these regulation which are cut/gathered without
permit from DENR and/or transported without the prescribed documents
shall be considered illegal, and therefore, subject to confiscation in
favor of the government and shall be disposed in accordance with laws,
rules and regulations governing the matter, without prejudice to the
filing of appropriate criminal charges against the owner/possessor.

DENR Officials found issuing defective Certificate of non-timber
forest products origin and other transport documents required in this
Order shall be subject to disciplinary administrative actions in
accordance with Civil Service laws, rules and regulations.

SECTION 14. Repealing Clause. — All orders, circulars and/or instructions inconsistent herewith are hereby repealed and/or modified accordingly.

SECTION 15. Effectivity. — This Order shall take
effect immediately upon the acknowledgement of the U.P. Law Center and
fifteen (15) days after publication in at least two (2) newspaper of
general circulation.

Adopted: 31 July 2000

(SGD.) ANTONIO H. CERILLES
Secretary