Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

16" CONGRESS
First Regular Session

House ert no. 3525 _

Introduced by Representative REGINA ONGSIAKO REYES
Lone District, Marinduque

EXPLANATORY NOTE

The country's mangrove resources continue to decline despite
numerous laws protecting them. From a 1918 census of around 500,000
hectares of mangrove forests, it had continually declined to 125,000 hectares
in a 1993 census.

Efforts to reclaim and rehabilitate mangrove areas have been started
over thirty (30) years already. However, mangrove restoration efforts are pale
in comparison to the various pressures impinging on it.

Mangroves pose benefits ecologically and economically. Mangroves
also buffer impacts of storm surge, typhoons, tsunami and other natural
disasters. One of its benefits is how it slows down the rate of water flow and
allowing silt to settle out, thus they reduce the impact of flooding on adjacent
marine ecosystems such as seagrass beds and coral reefs.

The country stands to lose all these invaluable existing and potential
economic and ecological benefits unless timely concerted steps and
aggressive actions are taken by government to stem the tide of the virtual
annihilation of this precious natural heritage.


The time is now to rally the support of all sectors of society, including
all government instrumentalities, to ensure the attainment of the desired
objectives of this bill in a collective nationwide effort to rehabilitate and
conserve our mangrove forests by providing appropriate incentives to attract
the active participation of every conservation- conscious Filipino.

The undersigned submits to the 16" Congress this bill adopted from
the 15" Congress submission by AGHAM Party-list Representative Angelo
B. Palmones (HBN 2861), which establishes a national mangrove conservation
and rehabilitation program that will set a new and responsive direction to
revitalize mangrove development and management in the country.

In view of all the foregoing considerations, the immediate
this Bill is earnestly requested.

sage of



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

16" CONGRESS
First Regular Session

£ 3525
HOUSE BILL NO.

Introduced by Representative REGINA ONGSIAKO REYES
Lone District, Marinduque

AN ACT
ESTABLISHING A NATIONAL MANGROVE CONSERVATION
AND REHABILITATION PROGRAM COVERING ALL IDENTIFIED
MANGROVE AREAS IN THE COUNTRY, AND PROVIDING
INSTITUTIONAL SUPPORT AND INCENTIVES THEREFOR

Section 1. Title - This Act shall be known as the “National Mangrove
Conservation and Rehabilitation Act.”

Section 2. Declaration of Policy— Recognizing the multifarious benefits
of mangroves in terms of ecological and economic values as a natural and
productive resource, and in consonance with the mandate of the Constitution
to “protect and advance” the right of the people to a balanced and healthful
ecology in accord with the rhythm and harmony of nature”, it is hereby
declared the policy of the State to secure the protection, conservation and
rehabilitation of all mangrove areas of the country to ensure that its use and
enjoyment are consistent with the key principles of sustainable development,
and at the same time maintaining a balanced ecosystem for the benefit of the
Filipino people.

Section 3. The National Mangrove Conservation and Rehabilitation
Program — In \ine with the above mentioned policy, and to address the
present deplorable state of the country's mangrove resources caused
primarily by overexploitation, conversion to fishponds, urban land reclamation
and other factors, there is hereby established a “National Mangrove
Conservation and Rehabilitation Program” which shall be implemented by


the DENR in all identified mangrove areas of the country, and allowing
concerned National Government Agencies (NGAs), Local Government Units
(LGU's), the Private Sector, Non-Governmental Organizations (NGO's),
People's Organizations (PO's) and other civil society groups or individuals to
participate and assist the government in its implementation.

Section 4. Definition of Terms — For purposes of this Act, the following
terms shall be defined as follows:

1. Afforestation - refers to the establishment of mangrove plantations in
suitable areas not previously vegetated with mangroves;

2. Aquasilviculture - combination of tree plantation technologies and
fish or other sea products culture designed to obtain optimum
economic and environmental benefits from mangrove forests;

3. Alienable or Disposable Lands -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 (P.D. 705, as amended);

4. Coastal Area/Zone — A band of dry land and adjacent ocean space
(water and submerged land) in which terrestrial processes and uses
directly affect oceanic processes and uses and vice versa; its
geographic extent may include areas within a landmark limit of 1 km
from the shoreline at high tide to include mangrove swamps, brackish
water ponds, nipa swamps, estuarine rivers, sandy beaches, and other
areas within a seaward limit of 200 isobath to include coral reefs, algal
flats, seagrass beds and other soft-bottom areas (R.A. 8550);

5. Coastal Environment Program (CEP) - A program established in
the DENR to implement its projects on conservation and management
of the coastal environment. The CEP encompasses all concerns over
the habitat and ecological support systems of coastal communities and
fisheries specifically pertaining to their productivity, biodiversity,
integrity, sustainability, and equitability of access and use (EO 263,
DAO 9629),

6. Coastal resources - are plant and animal life found in the interface
where the land meets the sea, also called coastal zone. These include
coral reefs, mangroves, seagrasses, fishes, crustaceans, shells and
other life forms found in the coastal zone.

7. Communal Mangrove Forest - A tract of public mangrove forest set
aside by the DENR Secretary upon the recommendation of the Director
of the Forest Management Bureau for the exclusive use of the
Municipality (DAO 15, Series of 1990),


8, Community-Based Forest Management Agreement (CBFMA) -
A Production Sharing Agreement entered into between a community
and the government to develop, utilize, manage, and conserve a
specific portion of the forestland, consistent with the principles of
sustainable development and pursuant to a Community Resource
Management Framework (EO 263, DAO 9629),

9. DENR- shall mean the Department of Environment and Natural
Resources;

10.Environmentally Critical Area- An area that is environmentally
sensitive and is so listed under Presidential Proclamation No. 2146,
Series of 1981, as well as other areas which the President may
proclaim as environmentally critical in accordance with Sec. 4 of PD
1586 (DAO 21, Series of 1992 as amended by DAO 96-37, Series of
1996);

11.Environmental Compliance Certificate —- The document issued by
the DENR Secretary or the Regional Executive Director certifying that,
based on the representations of the proponents and the preparers, as
reviewed and validated by the EIA Review Committee, the proposed
project or undertaking will not cause a significant environmental
impact; that the proponent has complied with all the requirements of
the EIS System; and that the proponent is committed to implement its
approved Environmental Management Plan in the Environmental
Impact Statement or mitigation measures in the Initial Environmental
Examination (DAO 11, Series of 1994),

12. Environmental Impact Assessment - The process of predicting the
likely environmental consequences of implementing projects or
undertakings and designing appropriate preventive, mitigating, and
enhancement measures (DAO 21, Series of 1992, as amended),

13.Environmental Impact Statement (EIS) System - The entire
process of organization, administrations, and procedures
institutionalized for purposes of assessing the significance of the
effects of any project or undertaking on the quality of the physical,
biological, and socioeconomic environment, and designing appropriate
preventive, mitigating, and enhancement measures (DAO 21, Series of
1992, as amended),

14. Fishpond Lease Agreement (FLA) - A privilege granted by the State
to a person or a group of persons to occupy and possess in
consideration of specified rental any public lands for the raising of fish
and other aquatic products (DAO 15, Series of 1990);


15.License - A privilege granted by the State to a person or a group of
persons to cut and utilize mangrove resources within a specified
mangrove production area, without any right of occupation and
possession over the same (FAO 15, Series of 1990);

16.Mangrove - is a type of forest growing along tidal mudflats and along
shallow- water coastal areas extending inland along rivers, streams and
their tributaries where the water is generally brackish (Mangrove Mgt.
Handbook- CRMP (DENR-USAID);

17.Mangrove Area -— 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 streams where the water is brackish (DAO 15, Series
of 1990),

18.Mangrove Resources - All terrestrial and aquatic flora and fauna in
mangroves including land and minerals which could bestow any form
of services, influences and amenities to man and the environment
(DAO 15, Series of 1990),

19.Mangrove species - are woody or non-woody plants adapted for life
in brackish water. These are exemplified by bakauan, tangal, pagatpat,
nipa and other species;

20.Mangrove Forest Plantation - are mangrove forests that have
developed from planted mangrove trees and other associated plants;

21.Mangrove Production Zones - are mangrove areas duly designated
as such where natural mangrove forests are strictly protected, while
allowing mangrove plantations developed therein to serve the
economic needs of the communities in terms of timber as housing
materials, firewood, charcoal, etc. Sustainable harvesting of mangrove
species based on duly-approved resource use plan may be allowed in
these zones as incentives for the planters;

22.Mangrove Protection Zones - are mangrove areas duly designated
as such where the natural mangrove forests, as well as established
mangrove plantations therein are managed exclusively to protect the
respective coastal areas and communities from storm surges, waves,
tidal currents and typhoons. Cutting of mangrove trees and other
plants, whether naturally growing or planted, are strictly prohibited in
these zones;


23. Natural Mangrove Forests - are forests that have grown naturally
without the aid of human intervention except in enhancing its growth
‘such as enrichment planting or assisted natural regeneration.

24.Non-Government Organization- a group of persons or an
organization commonly referred to a Assisting Organization (AO) with
various expertise contracted by the DENR to assist in the
implementation of its projects;

25.People’s Organization (PO) - a group of people living within or
adjacent to DENR mangrove subprojects organized into an association,
cooperative or any other appropriate form of organization to implement
the component strategies of a particular community-based mangrove
project;

26. Reforestation - refers to planting of mangrove species in degraded
areas formerly vegetated with mangrove species;

27.Secretary - shall mean the Secretary of the Department of
Environment and Natural Resources;

28. Sea ranching - refers to the culture of economic fishes and other sea
products in an enclosed or strictly protected area with the main
purpose of utilizing or harvesting the mature individuals and in
restocking adjacent areas.;

29. Stewardship Agreement - A contract entered into by and between
an individual mangrove user or mangrove user association or
cooperative and the government which grants the former the right to
the exclusive use of a specified mangrove area for managing that area
according to a stewardship Plan (DAO 03, Series of 1991),

Section 5. Identification/ Survey/ Zonification and Mapping - The
Secretary of DENR shall, in coordination with the Department of Agriculture
(DA) and all the LGU's concerned, order the identification, survey, zonification
and mapping of all mangrove areas in the country, segregating areas that are
still forested, severely denuded or degraded, and classifying them based on
scientific and factual considerations into two main categories, namely (1)
Mangrove Protection Zone and (2) Mangrove Production Zone.

Section 6. Mangrove Protection Zone — The following shall constitute the
Mangrove Protection Zone as identified/zonified and mapped:

1. All mangrove areas included under the National Integrated Protected
Areas System (NIPAS);


2. Mangrove areas outside of the NIPAS that have distinctive or
remarkable physical and aesthetic features, anthropological
significance and ecological values. These non-NIPAS areas include
coastal wetlands, easements along waterways and shorelines,
ecotourism sites and other biologically important areas;

3. All existing natural mangrove stands with their associated plants and
‘other biological composition; and

4. All coastal and mangrove areas, with or without existing vegetation,
which are prone to natural hazards such as floods, typhoons, storm
surges, etc.

All mangrove areas included in the Mangrove Protection Zone shall be
conserved and protected to prevent further deterioration of the environment
and to minimize the adverse effects of natural disasters. They shall also serve
as spawning grounds for fish, prawns and crabs and shall support fisheries
production in the area. Provided that the cutting of mangrove trees
and other associated plants therein, whether naturally growing or
planted, is strictly prohibited.

Section 7. Mangrove Production Zone — The Mangrove Production Zone
shall consist of the following:

(a) Coastal and mangrove areas located outside of the Mangrove
Protection Zones which are covered with existing permits for CBFM and
aquaculture projects, and mangrove areas with approved Fishpond
Lease Agreements;

(b) Mangrove areas outside the Mangrove Protection Zone which are
potential sites for the establishment of mangrove or nipa plantations
that the communities can in the future harvest for domestic uses like
housing materials, firewood, poles, etc.;

(c) Mangrove areas outside the Mangrove Protection Zone that can be
developed as alternative livelihood such as sea ranching/mariculture,
fishery, aquasilviculture, cottage industry, etc., which are not
detrimental to the continued existence or to the restoration of
mangroves in these areas; and

(d) Non-Mangrove Areas mud flats and reef flats that may be
developed into mangrove plantation (bakauan bato, pagatpat and
bungalon), provided the area is not covered with sea grass.


All coastal mangrove areas falling within the classification of Mangrove
Production Zone shall be managed in accordance with the key principles of
sustainable development: Provided, that mangrove plantations established
within this zone may be permitted to be selectively harvested for domestic
Purposes only on a sustainable basis as deemed appropriate; provided
further, that the privilege to harvest shall only be granted to the private
individual or a group of individuals, or association/cooperative which
established and developed the said plantations as previously authorized
through an approved contract or agreement for the purpose; provided
further, that no harvesting shall commence without a Resource Use Plan
prepared by the proponent and duly approved by the Secretary; or the duly
authorized DENR Officer;

Section 8. Existing Government Projects in Coastal and Mangrove
Areas - _ Existing government mangrove programs/projects such as the
DENR Coastal Environment Program (CEP), Forestry Sector Subprojects (FSP),
Community-Based Resource Management (CBRM), Integrated Coastal
Resources Management (ICRM) Program, and other similar government
initiatives shall continue to operate in conformity with this Act. Additional
project components consistent with those allowed in this Act maybe identified
for implementation subject to availability of funds within these Programs
whether from internally-allocated funds or those generated by the programs
themselves as allowed by law.

Section 9. I/legally-constructed and/or Abandoned Aquaculture
Ponds or Fishponds in Mangrove Areas — A\| aquaculture ponds or
fishponds constructed without a valid permit or license, or if covered with a
valid permit, license, or lease agreement but had been abandoned for a
period of at least five (5) years from the date of issuance of the permit,
license, or lease agreement shall be automatically reverted to the category of
public forest, and shall form part of the Mangrove Production Zone to be
managed in accordance with this Program, provided that the reverted areas
referred to herein may be developed into mangrove plantations that can be
harvested for household uses, or the same may be modified in a manner as
to provide other alternative livelihood like aquasilviculture, or developing the
area for harvesting shells, crabs, shrimps, etc.; and provided further that
henceforth, mangrove areas shall no longer be released or allowed for
conversion into aquaculture ponds or fishponds.

Section 10. Rehabilitation of denuded/ degraded areas in Mangrove
Protection Zones, a Top Priority — The Secretary shall give top priority on
the rehabilitation of denuded/degraded areas within the Protection Zone as
this is extremely necessary to help cushion and mitigate the impacts of
climate change, and to serve as buffer zones to protect human lives and
Property, particularly those in coastal areas which are open or exposed to
natural disasters.


Section 11. Design of the Program and Mechanics of Implementation
= The Secretary shall formulate a comprehensive long term National
Mangrove Conservation and Rehabilitation Program to achieve the intents and
purposes of this Act. There is hereby allocated fifty million pesos
(P50,000,000.00) per year for the next ten (10) years to implement the said
Program; Provided that the Department shall submit to Congress an annual
accomplishment report on the implementation of the Program; and provided
further, that the Program shall be developed and implemented with active
participation of concerned National Government Agencies (NGAs), Local
Government Units (LGUs), the Private Sector, Non-Governmental
Organizations (NGOs), People’s Organizations (POs), and other civil society
groups or individuals to participate and assist the government in its
implementation. The Secretary shall likewise put in place a sound and feasible
Monitoring and Evaluation System (MES) to systematically check and ensure
the successful implementation of the Program.

Section 12. Management Strategies
12.1 Project Implementation Approaches

12.1.1. CBFM approach - The community-based forest
management (CBFM) shall be the primary implementation
approach for projects to be implemented under this Program.
Communities living within or outside mangrove areas whose
livelihood sources are closely linked to the mangrove areas may
apply for tenure of the mangrove areas under the CBFM
program.

Within one year from obtaining tenure over the aforesaid area,
the CBFM People’s Organization (PO) shall submit to the
Department through the CENRO concerned a_ sustainable
mangrove forest development plan which shall include, among
others, a detailed plan of activities relative to the development
and management of the production area, as well as provisions
for the protection and management of the protection zone
therein, if the CBFM thus issued covers both zones.

CBFM Agreements may also be granted to communities through
the PO within NIPAS protected mangrove areas, or within duly-
designated protection zones under this Program. Likewise,
within one year from obtaining the tenure over the mangrove
area, the PO shall submit to the Protected Area Management
Board (PAMB) concerned a Protection and Management Plan for
the CBFM area. However, the PO may be allowed to develop
the area for ecotourism purposes as well as other development
projects compatible with the protected area status of the


mangrove area as provided for in RA No. 7586 otherwise known
as the National Integrated Protected Area System (NIPAS) Act.
The Department of Agriculture's Bureau of Fisheries and Aquatic
Resources shall provide the necessary technical assistance in the
development of alternative marine-livelihood projects compatible
with the objectives of the sustainable mangrove management
plan. Likewise, the Department of Tourism shall provide the
technical and promotional packages in developing ecotourism
potentials of the area. The DENR shall facilitate the coordination
of the POs concerned with the said National Government
Agencies and other government agencies deemed necessary for
the development of alternative livelihood of the community.

12.1.2 Mangrove Area Adoption by Private Organizations — A
program for the adoption of mangrove areas or portions thereof
by private citizens, groups or corporations shall be encouraged
under this Act. Such arrangement shall be limited only to areas
within protection zones as so identified and mapped where
degraded mangrove areas or other appropriate areas are
developed through different rehabilitation strategies. It shall be
covered by a Memorandum of Agreement (MOA) or any valid
legal instrument between the DENR Regional Office and the
private parties concerned that would ensure the protection of
the area.

The State shall allow integration of non-consumptive/non-
destructive  income-generating components under this
arrangement such as ecotourism, aqua-silviculture development,
and other economic activities allowed under this Act primarily
for purposes of generating funds; or allow donations,
contributions, bequest, subsidy and financial aids from
individuals or legal entities to sustain the protection of the areas
placed under such arrangement: Provided that under this
scheme, cutting or gathering of mangrove timber
whether naturally growing or planted shall not be
allowed. The DENR Regional Office shall have the primary
responsibility of monitoring and evaluating the compliance of its
partners with the terms and conditions of the MOA. Specific
guidelines on this mangrove forest adoption program shall be
issued by the DENR within six (6) months upon approval of this
Act.

12.2 Mangrove Research, Development and Extension - The DENR's
Ecosystems Research and Development Bureau (ERDB) shall further
undertake relevant basic and applied research in support of this


Program. It shall likewise formulate extension approaches for
technologies on mangroves for field implementation.

To increase value-added to mangrove products, the Forest Products
Research and Development Institute (FPRDI) of the Department of
Science and Technology (DOST) shall be responsible for undertaking
research and development in this respect as provided by its mandate,
in support of the ERDB. FPRDI shall be responsible for extension
services of these technologies in collaboration with ERDB.

Appropriate state colleges and university, particularly those situated
near or around mangrove areas are also hereby mandated to
undertake research, development and extension services on
mangroves for adoption by the Program.

Social aspects of mangrove management and utilization, vulnerabilities
and adaptation to climate change shall be the major themes of these
mangrove research and development initiatives.

Within one year from the promulgation of this Act, the ERDB shall, in
cooperation and/or consultation with other concerned research
agencies, develop and submit to the DENR Secretary a National
Research, Development and Extension (RDE) program on mangroves.
Such R & D program shall also include R & D projects outside of DENR.
It shall also reflect the R & D projects identified under the National
Research Development Agenda (NRDA) under the Presidential
Coordinating Council for Research and Development (PCCRD) and also
those identified under the National Framework Strategies on Climate
Change (NFSCC) and Action Program of the Commission of Climate
Change, should there be any.

Section 13. Environmental Impact Assessment (EIS) System — A\l
harvesting operations when permitted by the Secretary shall be covered by
the EIS System. Relative thereto, all proponents applying for a cutting license
in their respective production areas shall secure from the DENR an
Environmental Compliance Certificate (ECC) before they are allowed to
conduct harvesting operations in accordance with the approved Resource Use
Plan.

Section 14. Incentives And Institutional Support — By virtue of their
participation in the Mangrove Area Adoption Scheme of this Program as
provided for under Section 12.1.2 hereof, the following incentives, which are
similar to those provided under R. A. No. 8525, or the Adopt-a-School Act of
1998, and other existing laws or bills, if any but with modification, shall be
granted to the participating legal entity such as associations, cooperatives,
corporations, etc., or individual:


(a) Deduction from their taxable income of the full amount of the
donations, contributions and/or other expenditures incurred in the
implementation of the Project; and

(b) Exemption from the payment of the donor's tax for any donations
and/or other related contributions used in the implementation of the
Mangrove Area Adoption Scheme.

Contributions other than money shall be valuated based on the acquisition
cost of the property taking into account the depreciated value of the property
if the same had already been used when donated to the Project.

Section 15. Additional Incentives — The adopting entity/individual shall,
in addition to the incentives provided in the immediately preceding Section,
likewise be entitled to other incentives and awards that the DENR may
provide to deserving Program participants.

Section 16. Implementing Rules and Regulations — The Secretary of
the DENR shall, in consultation with the Department of Finance (DOF),
Department of Agriculture (DA), Department of Budget and Management.
(DBM) and other concerned Agencies, formulate the rules and regulations to
implement the relevant provisions of this Act.

Section 17. Separability Clause — If any provision of this Act is declared
unconstitutional, the validity of the other provisions shall not be affected by
such declaration.

Section 18. Repealing Clause - Section 71 of Republic Act 7161 of 1992
and such other laws, decrees, orders, rules and regulations or parts thereof
inconsistent with this Act are hereby repealed, amended, or modified
accordingly.

Section 19. Effectivity — This Act shall take effect fifteen (15) days after
its publication in two (2) national papers of general circulation.

APPROVED.