REGULATIONS GOVERNING THE UTILIZATION, DEVELOPMENT AND MANAGEMENT OF MANGROVE RESOURCES
known as the Revised Forestry Code of the Philippines, the following
rules and regulations governing the utilization, development and
management of mangrove resources are hereby promulgated for the
information and guidance of all concerned:
SECTION 1. Policy and Objectives . —
Mangroves have multi-uses. As such, the utilization, development and
management of mangrove resources shall involve as many uses as possible
for the benefit of the greater number of users. To sustain optimum
productivity, it shall be the policy of the government to conserve,
protect, rehabilitate and develop the remaining mangrove, resources of
the country; give preference to organizations, associations or
cooperatives over individual users in the utilization and development of
the mangrove resources; stop the wanton exploitation of the mangrove
resources; and enhance the replenishment of the denuded areas through
natural or artificial means.SECTION 2. Definition of Terms . — For the purpose of this Order, the following terms are defined:
a. Alienable or Disposable Lands refer to those lands of the
public domain which have been the subject of the present system of
classification and certified as not needed for forestry purposes.b. Communal Mangrove Forest refers to a tract of public forest
set aside by the Secretary of the Department of Environment and Natural
Resources upon the recommendation of the Director of the Forest
Management Bureau for the exclusive use of the residents of the
municipality from which said residents may cut, collect or remove
mangrove forest products, such as firewood and mangrove timber for
charcoal production for home consumption in accordance with existing
laws and forest rules and regulations.c. Denuded areas refer to mangrove areas which have been
devoid of mangrove trees, shrubs and/or nipa palms. Treeless areas
covered with weeds and vines fall under this definition.d. Fishpond Lease Agreement is a privilege granted by the
state to a person or group of persons to occupy and possess in
consideration of specified rental any public lands for the raising of
fish and other aquatic products.e. Forest Lands include the public forest, the permanent forest or forest reserves, and forest reservations.
f. License is a privilege granted by the State to a person to
utilize forest resources within any forest land, without any right of
occupation and possession over the same, to the exclusion of others, or
establish and operate a wood processing plant, or conduct any activity
involving the utilization of any mangrove forest resources.g. Mangrove area refers to the area found along the seacoast
and estuaries whether sparsely or thickly vegetated with true and/or
associated mangrove species, or open swampy areas, including brackish
fishponds, extending along stream where the water is brackish.h. Mangrove Buffer Zones are strips of land at least 50 meters
in width fronting seas, oceans and other bodies of water and 20 meters
on both sides of river channels/banks maintained and developed to
enhance the protective capability of the mangroves against strong
currents, winds and high waves in areas covered by Ministry
Administrative Order No. 42, Series of 1986.i. Mangrove Forest refers to forest stand found in the
mangrove areas and composed primarily of mangrove and associated
species.j. Mangrove Plantation refers to a stand of mangrove trees
and/or palms of true or associated species planted in the mangrove area.k. Mangrove Resources refer to all terrestrial and aquatic
flora and fauna in the mangroves including land and minerals which could
bestow any form of services influences, and amenities to man and the
environment.l. Mangrove Swamp Forest Reserves are mangrove areas of the
public domain which are declared as such under Presidential
Proclamation 2152 and are determined to be needed for conservation and
protection purposes.m. Permit is a short term privilege or authority granted by the
State to a person or group of persons to utilize any limited forest
resources or undertake a limited activity within any forest land without
any right of occupation and possession therein.n. Protected Areas refer to mangrove areas declared as such
under the Integrated Protected Areas System to be instituted by the
DENR.o. Timber refers to any piece of wood more than 1.5 meters long and having an average diameter of more than 15 centimeters.
p. Wilderness Areas refer to the mangrove areas which have
been declared as such by the President of the Philippines under
Presidential Proclamations for the preservation of the floral and faunal
species found therein to prevent their extinction and to serve as
genepool for the proliferation of said species.SECTION 3. Prohibition in the Issuance of License and Permit
. — Upon the effectivity of this Order, the granting and/or renewal of
mangrove timber license and/or permit of any kind that authorizes the
cutting and/or debarking of the trees for commercial purposes in areas
outside the coverage of Fishpond Lease Agreements and mangrove
plantations shall no longer be allowed.SECTION 4. Conversion of Mangrove Areas into Fishponds
— Conversion of thickly vegetated mangrove areas into fishponds shall
no longer be allowed. All mangrove swamps released to the Bureau of
Fisheries and Aquatic Resources which are not utilized, or which have
been abandoned for five (5) years from the date of such release shall
revert to the category of forest land in accordance with existing laws
and regulations.SECTION 5. Fishponds in MangroveForest Reserves and Wilderness Areas.
— In accordance with the national policy fishponds will not be allowed
within mangrove forest reserves and wilderness areas. However, in cases
where legally acquired productive fishponds are found within such
areas, and the government opts to revert them to the category of forest
lands and if public interest so dictates, the operator would be justly
compensated.SECTION 6. Issuance of Certificate of Stewardship Contract
. — A Certificate of Stewardship Contract may be issued covering
mangrove areas to individuals, communities, associations or
cooperatives, except in wilderness areas, provided that the activities
shall be limited to sustainable activities as indicated in the approved
Management Plan for such areas. Conversion of mangroves for, but not
limited to, fishpond development, saltworks and paddy cultivation shall
not be allowed under the Certificate of Stewardship Contract.SECTION 7. Cutting of Trees within FLA Areas.
— No cutting of trees within existing Fishpond Lease Agreement (FLA)
areas shall be allowed without the benefit of a permit from the
Department of Environment and Natural Resources. The trees cut in FLA
areas through a permit shall be turned over to the DENR for disposition
through public bidding. FLA holders are given the right to equal the
highest bidder, in which case the bid is automatically awarded to him.SECTION 8. Establishment, Development and Management Communal MangroveForest
. — Communal mangrove forests may be established in mangrove-endowed
municipalities/cities in accordance with the policy guidelines as
enunciated in Ministry Administrative Order No. 48, Series of 1982, as
amended. The development and management of the communal mangrove forest
shall be the responsibility of the community people concerned under the
concept of community-based forest management and in accordance with an
approved Management Plan to be monitored closely by the Regional Offices
of the DENR. However, the DENR may disestablish a mangrove area as
communal mangrove forest if the allowable activities thereat are found
to be non-sustainable to the resource.The DENR through its field offices shall conduct a sustained
information dissemination campaign on the environmental aspect of
mangrove management. Local immersion should also be used as a tool to
train the people on the technical aspect of mangrove management. The
substance of the training should be attuned to the policy as enunciated
in this Order.SECTION 9. Fishpond Development . —
Fishpond development shall only be allowed in denuded areas which have
been zonified as suited for such activity. Estuarine mangroves which
are predominantly, if not totally, vegetated with shrubs shall not be
disposed for fishpond development as such areas still contribute to the
productivity of the nearby marine ecosystem, hence should also be
extensively rehabilitated. Applications for fishpond development
covering the estuarine areas shall be returned to the applicants
immediately with a corresponding responsibility on the part of the
Department of Environment and Natural Resources to assist the applicants
in locating suitable areas as an alternative area for fishpond
development in accordance with the provisions of this Order.SECTION 10. Responsibility and Authority on the Protection, Development and Management of Mangrove Areas
. — The protection, development and management of mangrove areas shall
be the responsibility of the concerned Regional Offices of the
Department of Environment and Natural Resources in coordination with the
Department of Agriculture.SECTION 11. Continuing Assessment of Mangrove Resources
. — There shall be a periodic assessment of the mangrove resources
throughout the country. The National Mapping and Resource Information
Authority (NAMRIA) shall be responsible in the interpretation of aerial
photographs, Land Satellite (LANDSAT) and other remote sensing data
while the Regional Land Evaluation Teams will do the ground verification
activities. The involvement of interested Non-government Organizations
shall also be solicited in the conduct of the assessment.SECTION 12. Establishment of Mangrove Plantations
. — Mangrove plantations are allowed to be established in denuded or
sparsely-vegetated mangrove forest lands and A and D areas through an
approved permit in accordance with the relevant provisions of Forestry
Administrative Order No. 8-3, Series of 1941, prescribing the revised
guidelines governing the special uses of forest lands, as amended, and
other related laws, rules and regulations. The initial maximum area
allowed for mangrove plantation establishment shall be fixed at fifty
(50) hectares for corporations, cooperatives and associations and ten
(10) hectares for individuals. However, additional areas may be
subsequently granted to existing developers after thorough evaluation of
accomplishments provided that the accumulated area does not exceed
two-hundred (200) hectares for corporations, cooperatives and
associations and fifty (50) hectares for individuals.SECTION 13. Cutting of Trees in Mangrove Plantations
. — Mangrove plantation developers shall be allowed to cut the planted
trees found within their respective plantations through clearcutting by
strips system, whether such is intended for personal or commercial
purposes: Provided, That they secure a permit from the immediate office
of the DENR.SECTION 14. Silviculture . — Silvicultural
practice allowed in naturally grown mangrove forest shall be a
combination of seed-tree method and planting. In the course of
harvesting, at least forty (40) healthy trees per hectare, spaced
regularly over the area, and representative of the species in the area,
shall be retained to provide the seeds necessary for regeneration
purposes.SECTION 15. Penal Provision . — Violations of any of the provisions of this Order shall be penalized in accordance with existing laws and regulations.
SECTION 16. Repealing Clause . — This Order
supercedes radiogram message dated June 13, 1986; BFD Circular No. 13,
Series of 1986; and all previous administrative orders, regulations,
circulars, memorandum orders or instructions involving the disposition
of mangrove resources inconsistent herewith.SECTION 17. Separability Clause . — Should any
of the provisions of this Order be subsequently or otherwise revised,
modified or repealed accordingly, the same shall not affect the validity
or legality of the other provisions so far as they could stand
independently so revised, modified or repealed.SECTION 18. Effectivity . — This Order shall take effect fifteen (15) days after its publication in a newspaper of general circulation.
Adopted: 1 Feb. 1990
(SGD.) FULGENCIO S. FACTORAN, JR.
Secretary