Republic of the Philippines
HOUSE OF REPRESENTATIVES
Bastasan Hills, Quezon City

SIXTEENTH CONRESS
4st Regular Session

460

House Bill Number _

Introduced by:
HON. AGAPITO H. GUANLAO

EXPLANATORY NOTE

In 1998, the Philippines had up to 500,000 hectares of lush mangrove forest. About ten
(10) years after this was considerably reduced to about 205,000, and in 1993, only
about 125,000 hectares remained. Today, the country has less than 120,000 hectares,
decvimated through uncontrolled harvesting, convertion to other uses.

Despite numerous laws and ordinances enacted reclaiming the country’s mangrove
areas as far back thirty years (30) ago, other factors impinging on its restoration
continue to degrade or destroy this vital ecosystem.

The mangrove ecosystem is a life support many species including men and their
communities. It goes to say that communities within depend on mangrove areas for
livelinood and even survival

The restoration of mangrove ecosystems is a race against time and the rapid economic

activities that man undertake within these vital life support system, thus the urgency for
enacting this piece of legislation.

AGAP) H. GUANLAO-


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Bastasan Hills, Quezon City

SIXTEENTH CONRESS
4st Regular Session

House Bill Number _ 460 —

Introduced by:
HON. AGAPITO H. GUANLAO

AN ACT
ESTABLIHING THE NATIONAL MANGROVE CONSERVATION AND
REHABILITATION PROGRAM COVERING ALL MANGROVE AREAS IN THE
COUNTRY, AND PROVIDING INSTITUTIONAL SUPPORT AND INCENTIVES
THREFOR

Be it enacted by the Senate and the House of Representatives of the Philippines in
Congress assemnbled:

Section 1.- Title. This Act shall be known as the “National Mangrove Conservation
and Rehabilitation Act of 2013”.

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 rythm and harmony of nature’, its
is hereby declared the policy of the State to secure the protection,
conservation and rehabilitation of all mangrove areas in the country to
ensure that its use and enjoyment afe 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
line with the above enunciated policy, and to address the present
deplorable state of the mangrove of the country 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 mangrove areas of the country, and allowing concerned
National Government Agencies (NGAs), Local Government Units (LGUs),
the Private Sector, Non-Government Organizations (NGOs), People’s
Organizations (Pos) 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;

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


Section 5

b. Aquasilviculture — combination of tree plantation technologies and fish
or other sea products culture designed to obtaion optimum economic
and environmental benefits from mangrove forests:

©. Alienable or Disposable lands = Those lands of the public domain
which have been subject of the present system of classification ad
certified as not needed for forestry purposes (PD 705 as amnded);

d. 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 includes areas within a landmark limit of 1
kilometer 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 baeds and other soft- bottom areas (RA
8550);

e. 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 concems 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;

f. Coastas! 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, fishes, crustaceans, shells, and other life
forms found in the coastal zone;

g. 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.

h. 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 prinviples of sustainable
development and pursuant to a Community Resource Management
Framework;

i. Evironmentally Critical Area — An area that is environmentally sensitive
and is so listed under Presidential Proclamation 2146, Series of 1981,
as well as other areas which the President may proclaim as
environmentally critical.

Identification/Survey/Zonification and Mapping ~ The DENR Secretary
shall, in coordination with the Department of Agriculture and all other Local
Government Units concemed, order the idenfication, survey, zonifiction
and mapping of all mangrove areas in the country segregating areas that
are still forested, severely denuded or degraded, and classifying them
based on scientic and factual considerations into two (2) main categories,
namely, (1) Mangrove Protection Zone; and (2) Mangrove Protection
Zone.


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

a. All mangrove areas included under the National Integrated Protected
Areas System;

b. 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;

c. All existing natural mangrove stands with their associated plants and
other biological composition; and,

d. All coastal and mngrove 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 threto, whether natrurally growing
or planted, is strictly prohibited;

Section7. 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
Fishpong Lease Agreements;

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

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

d. Non-Mangrove Areas — mug flats and reef flats that may be developed
into mangrove plantations, provided the area is not covered by sea
grasses.

All coastal mangrove ares 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 priviledge to harvest shall only be granted
to the private individual or group of individfuals, or associations/cooperatives
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 dully authorized DENR
Ofdficer; and Provided Finally, thast there shall be strictly no cutting of naturally
growing mangrove species therein;

Section 8.

Section 9.

Section 10

Section 11

Section 12

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

Illegally-constructed and/or abandoned Aquaculture Ponds or
Fishponds in Mangrove Areas — All aquaculture ponds or fishponds
constriucted without a valid permit or license, or if cobvered 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 Productoon Zone to be
managed in accordance with this ptrogram; Provided that the reverted
areas referred to herein may be developed into mangrove plantations
that can be harvested for household uses; or the sasme may be
modified in a manner as to provide other alternative livelihood like
aquasilviculture, or developing the area for harvesting of 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 or to other uses.

Rehabilitation of denudedidegraded Areas to 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.

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; Provided that thjere is hereby allocated Fifty Million
(P50,000,000.00) per year for the next 10 tears to implement the said
Program; Provided Further that the Department shall submit to Congress
an anual accomplishment Report on the implementation of the Program;
and Provided Finally that the Program shall be developed and
implemented with active participation of concerned National Government
Agencies, Local Government Units, the Private Sector, Non-Government
Organizations, People's Organizations and other civil society groups and
individuals to participate and assist the government in its implementation.
The Secretary shall otherwise put in place a sound and feasible
Monitoring and Evaluation System to systematically check and ensure
successful implementation of the Program

Management Strategies


12.1.1 The CBFM Approasch

The community-based forest management 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 areas, 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 CBFMA thus issued covers both zones.

CBFM Agreements may be granted to communities througPAS
protedted mangrove sites, or within duly designated protection area 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 concerned a Protection and Management Plan for the
CBFMA area. However, the PO may be allowed to develo the area for
ecotourism purposes as well as their development projects compatible
with the protected area status of the mangrove area as provided for in RA
7586 otherwise known as the 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 protection of the area. The DENR
shall facilitate the coordination of the Pos concerned with the National
Government Agencies deemed necessary for the development of
alternative livelihood of the community.

42.1.2 Mangrove Area Adoption by Private Organization

‘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 identified and mapped where degraded mangrove areas or other
appropriated areas are developed through different rehabilitation
strategies. It shall be covered by a Memorandum of Agreement or any
valid legal instrument between the DENR Regional Office and the private
parties concerned that would ensure the protection of the area.

The Stae shall allow integration of _non-consumptive/non-
destriuctive income generating components under this arrangement such
as ecotourism, aquasilviculture development, and other economic
activities allowed under this Act primarily for the purposes of generating
funds; or allow donations, contributions, bequests, 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


Section 13

Section 14

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 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 shall
further indertake relevant basic and applied research in support of this
Program. It shall likewise formulate extension approaches for technologies
‘on mangrove for field implementation

To increase value added to mangrove products, the Forest
Products Research and Development Institute of the Department of
Science and Technology shall be responsible for undertaking research
and development in this respect since utilization technologies are not
generated by ERDB. FPRDI shall be responsible for extension services of
these technologies in collaboration with ERDB

Appropriate state colleges and universities, particularly those
situated near or around mangrove areas are also hereby mandated to
undertake research, development and extension 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 thids Act, the ERDB shall,
in cooperation with other concerned research agencies, develop and
submit to the DENR Secretary a National Research, Development and
Extension Program on Mangroves. Such R&D program shall also include
R&D projects outside DENR. It shall also reflectthe R&D projects identified
under the National Research Development Agenda under the Presidential
Coordinating Council for Research and Development and also those
identified under the National Framework Strategies on Climate Change
and the Action Program of the Commission of Climate Change should
there be any.

Environmental Impact Assessment System — All harvesting operations
when permitted by the Secretary shall be covered by the EIS System
Relative thereto, all proponents applying for cutting license in their
respective production areas shall secure from the DENR an
Environmental Compliance Certificate before they are allowed harvesting
operations in accordance with the approved Resource Use Plan

Incentives and Institutional Support — By virtue of their participation in
the Mangrove Area Adoption Scheme of this Program as provided for
under Section 12,1,132 hereof, the following incentives which are similar
to those provided under RA 8525 or the Adopt-A-School Act of 1998, and
other existing laws or bills, if nay but with modifications, shall be granted to
the participating legal enity such as associations, cooperatives,
corporations, etc., or individuals.


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 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

Section 16

Section 17

Section 18

Section 19

Approved:

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

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

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

Repealing Clause — Section 71 of Republic Act 7181 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.

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