Hust OF REPIA=

RECEIVED

REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES

Quezon lave

SEVENTEENTH CONGRESS

First Regular Session
RECISTDATION UNIT

BILLS AND iNDEX SERVICE

House Bill No, _ L5U%

ENTATIVES

Introduced by MAGDALO Party-List Representative
HON. GARY C. ALEJANO

Explanatory Note

According to the Department of Environmental and Natural Resources, of the more than 70
mangrove species in the world, around 46 species are identified to occur in various parts of
the Philippines. Mangroves are a vital part of the coastal and marine ecosystem. They serve
as habitat for diverse species of marine creatures and even wildlife. They are also needed for
water quality protection and maintenance and as food-web support. Mangrove forests also
serve as cushion from impact of strong winds and as protection against soil erosion. These
ecological functions of mangroves ultimately have economic benefits.

However, in recent years, the number of mangrove forests has been decreasing. In a 2012
report of the Bureau of Fisheries and Aquatic Resources (BAFR), there are only 117,000
hectares of mangrove forests remaining from the 500,000 hectares in 1918. Mangrove forests
remaining along Philippine coasts today only cover less than one-third of their original area.
During the 1960s and 1970s, most mangrove forests were either converted into fishponds or
reclaimed for residential and industrial purposes. Aside from this, local government units and

residents along the coasts lack the understanding of mangrove management.

Recognizing the ecological and economic benefits of mangroves, it should be the policy of
the state to protect and preserve the mangrove forests in the country. Through setting aside
specific areas for mangroves, we will be able to ensure that the people will continue to enjoy
the benefits offered by mangrove systems

This measure seeks to establish mangrove reservation areas in all coastal municipalities. It
also intends to create a national steering committee that will be responsible in pursuing
programs and projects aimed to preserve, protect, and rehabilitate mangrove forests, as well
as in drafting a national plan for conservation and rehabilitation, Furthermore, this measure
will penalize any act causing the destruction and depletion of mangrove trees.

In view of the foregoing, approval of this measure is earnestly sought.

SANO.



PROVIDING FOR THE CONSERVATION, REFORE:
REHABILITATION OF MANGROVE FORES
PROVIDING PENALTI

REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES
Quezon City

SEV.

NTEENTH CONGRESS
First Regular Session

1509

House Bill No.

Introduced by MAGDALO P:
_HON. GARY

ist Representative
NO

AN ACT.

ATION, AND
‘SIN THE PHILIPPINES, AND

s
Be it enacted by the S

FOR
nate and House of Representatives of the Philippines in

Congress assembled:

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SECTION 1. Short Title. - This Act shall be known as " National Mangrove

Forest Conservation and Rehabilitation Act ".

Sec. 2. Declaration of Policy. - It is hereby declared the policy of the State to

effectively manage the mangrove resources of the country to restore and conserve

biodiversity and to ensure the sustainability of their biological and ecological integrity

as well as their ability to provide ecological goods and services.

Sec. 3. Definition of Terms. — For purposes of this Act;

(a) Coastal areas refer to the band of dry land and adjacent ocean space (water
and submerged land), the terrestrial processes and uses thereof directly affecting
oceanic processes and uses and vice versa and whose geographic extent may include
areas within a landmark limit of one (1) kilometer from the shoreline at high tide to
include mangrove swamps, brackish water ponds, nipa swamps, estuarines, sandy
beaches and other areas within a seaward limit of two hundred (200) meters isobaths to
include coral reef’, algae flats, seagrass beds and other soft bottom areas,

(b) Mlegally constructed fishponds refer to fishponds constructed within public
lands without (he required Fishpond Lease Agreement (FLA) with the Bureau of
Fisheries and Aquatic Resources (BFAR) as well as fishponds which have been built

within a greenbelt zone which, as provided by existing laws, are strips of mangrove or


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swamplands at least fifty (50) meters wide, along shorelines facing oceans, lakes, and
other bodies of water, and strips of land at least twenty (20) meters wide facing lakes;

(©) Littoral zone refers to die part of the sea that is close to die shore which
extends from the high water mark, which is rarely inundated, to shoreline areas that are
permanently submerged;

(4) Mangrove forest refers to forested intertidal ecosystems that are occupied by
salt-tolerant woody plants with morphological, physiological, and reproductive
adaptations that enable them to colonize littoral zones;

(e) Mangrove reservation areas refer to portions of coastal areas which have
been set aside exclusively for the purpose of mangrove forest conservation and
reforestation;

(8) REDD-plus refers to reducing emissions front deforestation and forest
degradation. It is a proposed incentive system for reducing greenhouse gas (GHG)
emissions in which industrialized countries would provide financial incentives for
forested developing countries to manage and protect forests to reduce their GHG
emissions, The plus refers to the increased removal of GHGs through conservation of
forest carbon stocks, sustainable management of forests, and enhancement of forest
carbon stocks.

(g) Reforestation refers to the planting of mangrove and mangrove associate
species along degraded or denuded mangrove areas; and

(h) Rehabilitation refers to reforestation of mangrove areas including the

physical and ecological restoration of reverted fish ponds to mangrove forests,

SEC. 4, Establishment of Mangrove Reservation Areas, - There shall be
established and set aside in all coastal areas in each municipality portions of land solely
for the conservation, protection, reforestation and rehabilitation of mangrove forests
All natural stands of mangrove forests and regenerating abandoned ponds shall
automatically form part of the reservation areas. The local government units (LGUs),
together with the Provincial Environment and Natural Resources Office (PENRO) and
the BFAR local office, where the mangrove areas are located shall take the lead in the
identification, survey, zonification and mapping of all mangrove areas, segregating
areas that are still forested, severely denuded or degraded including abandoned,

undeveloped and underutilized fishponds. A resource management plan for these


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mangrove areas shall be prepared, adopted, and implemented by concerned LGUs in
collaboration with the Department of Environment and Natural Resources (DENR).
Coastal communities residing within the vicinity of mangrove forests may
engage in non-extractive and biodiversity-ftiendly activities that are compatible with
mangrove forest rehabilitation within mangrove reservation areas such as ecotourism,
traditional gleaning of shellfish, and collection of honey. For this purpose, LGUs and
people’s organizations (POs) may enter into agreements such as comanagement and
community-based forest. management (CBFM) agreements with the DENR,
respectively: Provided, That the cutting of mangrove trees and other associated plants

therein, whether naturally growing or planted, is strictly prohibited

Sec. 5. Establishment of the National Steering Committee for the
Conservation and Rehabilitation of Mangrove Forests (NSCCRMF’). -There is
hereby established a National Steering Committee for the Conservation and
Rehabilitation of Mangrove Forests (NSCCRMF), hereinafter referred to as the
National Steering Committee, which shall be attached to the DENR. The DENR shall
provide secretariat support to the National Steering Committee.

The National Steering Committee shall be composed of eleven (11) members

sting of the following or their designated representatives;

(a) The Secretary of the DENR who shall act as Chairpersoi

(b) The Secretary of the Department of the Interior and Local
Government (DILG) as Co-chairperson;

(c) The Secretary of the Department of Agriculture (DA) who shall act
as Vice Chairperson;

(d) The Vice Chairperson of the Climate Change Commission;

(e) The Secretary of the Department of Science and Technology
(OST);

(8) The Director General of the National Economic and Development
Authority (NEDA);

(g) The Administrator of the National Mapping and Resources
Information Authority (NAMR1A);

(h) A representative from the academe to be appointed by the
Commission on Higher Education (CHED) upon the recommendation of

the former’s peers;


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(i) A representative from accredited nongovernment
organization (NGOs) conducting programs on sustainable mangrove
forest management to be recommended by the DENR Secretary;

(j) A representative from an association of professional marine scientists;
and

(k) A representative from fisherfolk organizations or cooperatives to be
recommended by the National Fisheries and Aquatic Resources

Management Council (NFARMC)

See. 6. Powers and Functions of the National Steering Committee. - The

National Steering Committee shall have the following powers and functions:

(a) To review existing policies and conduct studies on mangrove forest and its
conservation;

(b) To prepare a comprehensive plan for the conservation, reforestation, and
rehabilitation of mangrove forests and denuded or degraded mangrove areas:

(©) To oversee the identification, mapping and reversion of all abandoned,

undeveloped, underutilized fishponds covered by FLAs to the jurisdiction of the
DENR and the rehabilitation of such areas

(d) To oversee the identification of illegally constructed fishponds and their
rehabilitation without prejudice to the filing of appropriate charges against those
responsible for their construction;

(e) To establish the guidelines in identifying the areas to be declared as
mangrove reservation areas;

(f) To identify and delineate the boundaries of coastal areas which shall form

part of the mangrove reservation are:

(g) To monitor and evaluate the condition of mangrove forests all over the

country and to submit a report to Congress every other year,
(h) To exercise control and supervision over all the Local Steering Committees:
(i) To approve and submit to the People’s Survival Fund Board, created under
Republic Act No. 10174, proposals for funding of mangrove reforestation and
rehabilitation projects submitted by the Local Steering Committees; and

(j) To recommend the necessary rules and regulations to be promulgated by the

DENR.


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Sec. 7. National Mangrove Forests — Conservation and Rehabilitation
Plan (NMFCRP). - The National Steering Committee shall, within six (6) months
from the effectivity of this Act, convene its members and formulate a National
Mangrove Forests Conservation and Rehabilitation Plan (NMFCRP),

The NMFCRP shall, at the minimum, contain the following:

(a) An inventory of the status of mangrove forests all over the country, including
those which have been converted to other uses;

(b) An inventory of all fishponds covered by FLAs, illegally constructed
fishponds, and areas released to BFAR but for which no FLAs were awarded;

(c) Identification of mangrove reservation areas for each province, city and
municipality to be prioritized for conservation, reforestation, and rehabilitation based on
vulnerability to storm surges, tsunamis and similar calamities. Such identification shall
be completed within one (1) year from the adoption of the NMFCRP;

(d) An operational plan for the rehabilitation or reforestation of mangrove
reservation areas with appropriate species and to a level that is sufficient to reduce, if

not neutralize, the impact of storm surges, tsunamis and similar calamities to local

inhabitants and their properties, as well as to provide their essential ecological services.
Such operational plan shall indicate the quantitative or qualitative targets and the time
period within which to complete such reforestation or rehabilitation;

(e) An operational plan for the reversion of abandoned, undeveloped,
underutilized, and illegally constructed fishponds, as well as those released to the
BFAR for fishpond purposes but for which no FLAs were issued, to the jurisdiction of
the DENR;

(8 An operational plan to conserve mangrove forests, determine the causes of
their conversion, and prevent their further conversion to other uses, and

(g) A monitoring and evaluation system for the reforestation and rehabilitation

of mangrove forests all over the country

SE
Mangrove Forests (LSCCRMF). ~ A Local Steering Committee for the

. 8. Local Steering Committee for the Conservation and Rehabilitation of

Conservation and Rehabilitation of Mangrove Forests (LSCCRMP), hereinafter referred
to as the Local Steering Committee, shall be established in each of the municipalities
where at least one (1) reservation area has been identified. Each Local Steering
Committee shall be chaired by the Community Environment and Natural Resources

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Officer(CENRO) under whose jurisdiction the reservation area is located, with the
following members
(a) A representative of the municipal government concerned;
(b) A representative or representatives from a barangay or barangays under
whose jurisdiction the reservation area is located;
(c) A representative from an accredited NGO;
(d) A representative from the private sector; and
(e) A representative from fisherfolk organizations or cooperatives to be
recommended by the Municipal Fisheries and Aquatic Resources Management

Council (MFARMC),

The CENRO shall provide secretariat support to the Local Steering Comn

SE

Steering Committee shall have the following powers and functions

9. Powers and Functions of the Local Steering Committee. - The Local

(a) To implement and enforce the NMFCRP laid down by the National Steering
Committee within its jurisdiction:

(b) To carry out the general administration and day-to-day implementation of
the Local Mangrove Forests Conservation and Rehabilitation Plan (LMFCRP);

(c) To secure the mangrove reservation area from illegal and destructive
activities which would endanger the successful implementation and viability of the
NMFCRP and LMFCRP,

(4) To monitor and evaluate the condition of local mangrove forests and to
submit a report to the National Steering Committee every other year;

(e) To submit proposals to the People’s Survival Fund Board, created under
Republic Act No. 10174, for funding of mangrove reforestation or rehabilitation
projects as part of Climate Change Adaptation through the National Steering
Committee; and

(f) To perform such other powers and functions as may be designated by the

National Steering Committee

Sec. 10, Local Mangrove Forests Conservation and Rehabilitation Plan
(LMFCRP). - The Local Steering Committee shall, within six (6) months from the
receipt of the NMFCRP, convene its members and come up with an LMFCRP.

The LMFCRP shall, at the minimum, contain the following:


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(a) An inventory of the status of mangrove forests within the municipality,
including those which have been converted to other uses,
(b) An inventory of all fishponds covered by FLAs, illegally constructed

fishponds, and areas released to the BFAR but for which no FLAs were awarded;

(0) Identification of mangrove reservation areas within the municipality to be
prioritized for conservation, reforestation, and rehabilitation based on vulnerability to
storm surges, tsunamis and similar calamities. Such identification shall be completed
within one (1) year from the adoption of the LMFCRP;

(4) An operational plan for the reforestation or rehabilitation of mangrove
reservation areas with appropriate species and to a level that is sufficient to reduce, if

not neutralize, the impact of storm surges, tsunamis and similar calamities to local

inhabitants and their properties, as well as to provide their essential ecological services
Such operational plan shall indicate the quantitative or qualitative targets and the time
period within which to complete such reforestation or rehabilitation;

(c) An operational plan for the reversion of abandoned, undeveloped,
underutilized, illegally constructed fishponds, as well as those released to the BFAR for
fishpond purposes but for which no FLAs were issued, to the jurisdiction of the DENR:

() An operational plan to conserve mangrove forests, determine the causes of
their conversion, and prevent further conversion of mangroves to other uses, and

(g) A monitoring and evaluation system for the reforestation and rehabilitation

of mangrove forests within the municipality

See. 11. Abandoned, Undeveloped, Underutilized Fishponds in Mangrove
Areas Covered by FLAs Awarded by BFAR, Mlegally Constructed Fishponds, and
Areas Released to BFAR but for Which No FLAs Were Awarded. - The FLAS of all
abandoned, undeveloped, underutilized (AUU) fishponds shall be cancelled by the DA
through the BFAR and the area turned over to the jurisdiction of the DENR. All
illegally constructed fishponds within mangrove forests shall also be identified by the
DENR with the assistance of the Local Steering Committee, without prejudice to the
filing of appropriate charges against the offending parties. Mangrove areas that were
released to the BFAR but for which no FLAs were awarded shall also revert to the
jurisdiction of the DENR for reforestation and rehabilitation. The DENR shall exert all
efforts to rehabilitate such fishponds or mangrove areas which have been reverted to its

jurisdiction or illegally converted to other uses.


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SEC 12. Validation. - Validation of the results of monitoring and

evaluation of reforestation and rehabilitation of mangrove forests, including the survival

rate in each municipality or city, shall be done by a disinterested private entity

SEC. 13. Proper Valuation and Compensation for Ecosystems Services. - The
DENR shall formulate and institute appropriate mechanisms for proper valuation and

fair and comprehensive pricing of ecosystems services provided by mangrove forests

SE

114. Prohibited Acts. - The following acts shall be prohibited;

(a) Cutting, uprooting or destroying any mangrove tree;

(b) Dumping of waste within mangrove reservation areas;

(e) Construction or reclamation activity within mangrove reservation
areas,
(d) Illegal fishing activities that will result in the damage and destruction
of mangrove forests;
(e) Conversion of mangrove forests into ponds;
() Maintenance of illegal fishponds;
(g) Preventing DENR personnel from removing illegal structures or
QFAR personnel from reverting abandoned fishponds;
(h) Planting mangroves on seagrass beds, mud flats and sand flats; and
(i) Other acts or activities that will result in the damage or destruction of

mangrove forests.

SEC. 15, Penalties. - Any person, natural or juridical, found guilty of
violating any provision of this Act or its implementing rules and regulations shall, upon
due process, be penalized with a fine in the amount of not less than two hundred
thousand pesos (P200,000.00) but not more than one million pesos (P1,000,000,00), or
with imprisonment of not less than one (1) year but not more than six (6) years, or both,
at the discretion of the court: Provided, That if the area requires rehabilitation or
restoration, as determined by the court, the offender shall also be required to restore or
compensate for the restoration of the damage.

If the offender is an association or corporation, the president or manager and the
officer who has direct knowledge over the offense shall be held liable under this Act

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Sec. 16. Citizen's Suit.- Any citizen may file an appropriate civil, criminal, or
administrative action in the proper court against;

(a) Any person who violates or fails to comply with the provisions of this Act or
its implementing rules and regulations,

(b) The DENR or other implementing agencies with respect to orders, rules and
regulations issued inconsistent with this Act; or

(c) Any public officer who willfully or grossly neglects the performance of an
act specifically enjoined as a duty by this Act or its implementing rules and
regulations; or abuses authority in the performance of duty; or in any manner
improperly performs duties under this Act or its implementing rules and
regulations. However, no suit can be filed until after thirty (30) days notice has
been given to the public officer or the alleged violator concerned and such

officer o violator does not take appropriate action upon such notice.

Sec. 17. Forest Guards. - In order to secure the mangrove reservation area from
illegal and destructive activities, the Local Steering Committee and the LGU, under
whose jurisdiction the mangrove reservation area is located, shall employ the services
of forest guards who shall be tasked with the responsibility to guard and police the
areas. The Local Steering Committee and the LGU may also deputize members of POs
as mangrove reservation area forest guards. The forest guards and deputized members
of POs shall undergo orientation and training with the DENR. They shall also have the
authority to arrest those caught violating the provisions of this Act or its implementing
rules and regulations under the following circumstances

(a) When the person to be arrested has committed, or is actually committing a
violation, in the presence of the forest guard or deputized member of PO; and

(b) When an offense has, in fact, just been committed and the forest guard and
the deputized member of the PO has personal knowledge of facts indicating that the
person to be arrested has committed the violation

In the event that any of the forest guards or a member of the deputized PO is
found to be guilty of nonfeasance, misfeasance or malfeasance, the forest guard ot
guards or member of the deputized PO concerned and the officials of the Local Steering
Committee and the LGU, by virtue of the principle of command responsibility, shall be

held liable for the violations and shall be prosecuted in accordance with administrative


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laws without prejudice to any criminal and/or civil liabilities provided for under

existing laws.

SEC, 18. Special Account for Mangrove Management and Mangrove
Conservation and Rehabilitation Fund.- The valuation mentioned in Section 13 of this
Act shall serve as the basis of the Local Steering Committee for charging fees for the

use of mangrove forest ecosystem services such as ecotourism, permits for fishing

boats, docking fees, and carbon trading,

For mangrove forests inside protected areas, revenues generated from the
abovementioned activities shall accrue to the corresponding Integrated Protected Areas
Fund (IPAF) created under Republic Act No, 7586, as amended by Republic Act No
10629, or the National Integrated Protected Areas System (NIPAS) Act

For mangrove forests outside protected areas, revenues generated from the
abovementioned activities shall be managed under the following scheme:

(a) Seventy-five percent (75%) of the revenues generated shall accrue to a
Special Account for Mangrove Management created by the LGU where the mangrove
forest is located, The Special Account under the LGU Fund shall be created through an
ordinance indicating that the revenues accruing to the Special Account shall be utilized
solely for mangrove management including, but not limited to

1) Employment of forest guards;

(2) For the general administration and day-to-day operation, protection,

maintenance, management, and implementation of the LMFCRP; and

(3) Duly approved projects endorsed by the National Steering Committee

Provided, That, except for hiring of forest guards, the Special Account shall not
be used to cover other Personnel Services expenditures. Expenditures chargeable
against said Special Account shall be subject to existing accounting, budgeting, and
auditing rules and regulations.

(b) Twenty-five percent (25%) of the revenues generated will accrue to the
Mangrove Conservation and Rehabilitation Fund which shall be managed by the
National Steering Committee. The criteria and conditions for the utilization of the Fund
shall also be determined by the National Steering Committee subject to existing

accounting, budgeting, and auditing rules and regulations.

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Disbursement from the Mangrove Conservation and Rehabilitation Fund shall
be made solely for the protection, maintenance, administration, and management of
mangrove forest areas, operational expenses of the National Steering Committee,
expenses on the preparation of the NMFCRP, and duly approved projects endorsed by
the National Steering Committee in the amounts authorized by the DENR; Provided,

That the Fund shall not be used to cover Personnel Serv

expenditures and
purchase of motor vehicles.

The Local Steering Committee, the LCDs, and the DENR may solicit and
receive donations, endowments, and grants in the form of contributions for the Special
Account for Mangrove Management and the Mangrove Conservation and Rehabilitation
Fund

Sec, 19, Tax Exemption. - AH grants, bequests, endowments, donations, and
contributions made to the Local Steering Committee, the LCDs, and the DENR to be
used actually, directly, and exclusively for the Special Account for Mangrove
Management and the Mangrove Conservation and Rehabilitation Fund shall be exempt
from donor’s tax and the same shall be allowed as deduction from the gross income of
the donor for purposes of computing the taxable income of the donor in accordance

with the provisions of the National Internal Revenue Code of 1997, as amended.

SEC. 20. Payments for Reducing Emissions from Deforestation and Forest
Degradation (REDD-plus). - All LGUs and POs involved in preventing deforestation
and sequestering carbon in mangrove forests shall have an equitable share in the
proceeds of the United Nations Programme on REDD-plus payments. The capacity of
the Local Steering Committee and the POs shall be developed to enable them to
properly value and monitor their mangrove forest resources as basis for equitable

sharing in REDD-plus payments

Sec. 21. Appropriation.- The Secretary of the DENR shall immediately include
in the Department’s program the implementation of this Act, the funding of which shall

be included in the annual General Appropriations Act.

SEC. 22. Implementing Rules and Regulations. ~The —DENR shall
promulgate the implementing rules and regulations (IRR) for this Act within six (6)

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months after the effectivity of this Act; Provided, That rules and regulations issued by
other government agencies and instrumentalities for the conservation, reforestation, and
rehabilitation of mangrove forests not inconsistent with this Act shall supplement the
rules and regulations issued by the DENR pursuant to the provisions of this Act

The draft of the IRR shall be published and be subject to public consultation
with affected sectors. There shall be a mandatory review of the IRR and standards set
pursuant to the provisions of this Act by the National Steering Committee every five (5)

years.

SEC, 23, Joint Congressional Oversight Committee. - There is hereby created a
Joint Congressional Oversight Committee (JCOC) to monitor the implementation of
this Act and to review the IRR promulgated by the DENR for a period not exceeding
three (3) years from the effectivity of this Act. The JCOC shall be composed of five (5)
Senators and five (5) Representatives to be appointed by the Senate President and the
Speaker of the House of Representatives, respectively. The JCOC shall be cochaired by
the Chairpersons of the Committee on Environment and Natural Resources of the
Senate and the Special Committee on Reforestation of the House of Representatives.

The secretariat of the JCOC shall be drawn from existing personnel of the

Senate and House of Representatives committees comprising the JCOC,

*. 24. Separability Clause. — If, for any reason, any section or provision of
this Act shall be declared to be unconstitutional or invalid, the other sections or

provisions not affected thereby shall remain in full force and effect.

Sec. 25. Repealing Clause. ~ All laws, presidential decrees, executive orders,

rules and regulations or parts thereof which are inconsistent with the provisions of thi

Act are hereby repealed or modified accordingly

Sec. 26. Effectivity. - This Act shad take effect fifteen (15) days after its

publication in the Official Gazette or in a newspaper of general circulation

Approved,

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