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(NAR) VOL. 5 NO. 3 / JULY - SEPTEMBER 1994

[ DENR ADMINISTRATIVE ORDER NO. 30 s. 1994, September 02, 1994 ]


Pursuant to Executive Order No. 192 and the Coastal Environment Program and in order to promote environmental awareness, social equity, economic development and sustainable resources management in coastal communities, the following guidelines are hereby promulgated.

SECTION 1. Statement of Policy and Objectives. It is the policy of the State to conserve the country's biological diversity and endangered habitats by mobilizing stakeholders to serve as effective partners.

It is, therefore, in this regard that the Department of Environment and Natural Resources hereby adopts an NGO-Assisted Community-Based Mangrove Forest Management (NGO-Assisted CBMFM), the primary objective of which is to transfer all existing traditionally-depended upon mangrove forests under an effective community-based management.

The specific objectives of this system shall be:

1. To identify, train and orient traditional mangrove users and other coastal resources dependents in effective community-based management;

2. To enlist the help of NGOs with exemplary track record in natural resources management, particularly mangrove forest management, as partners of the government in identifying, training and orienting the target clientele;

3. To rehabilitate traditionally depended upon/used mangrove forests thru an NGO-assisted CBMFM;

4. To expand and develop the existing mangrove forest to provide for the increasing demand for products derived therefrom and sustain the production of these products and services based on the Sustainable Yield (SY) of the resources.

The key elements of the CBMFM concept are as follows:

1. Provision of security of tenure for coastal residents/mangrove dependents;

2. Reorientation of values such as internalizing concern and commitment for the protection and conservation of mangroves;

3. Induce technical capability of coastal residents/traditional mangrove users;

4. Encourage community-based initiatives on hands-on-management, in consonance with people empowerment;

5. Identification of the direct stakeholders/mangrove dependents;

6. Initial emphasis on the sustainable management of existing mangrove resources and recognition of sustainable traditional resource utilization patterns and innovations to suit the current situations; and DENR's effort in realizing a community managed coastal environment.

7. Implementation of a total area management approach and zonation of areas to provide for a comprehensive Coastal Resources Management scheme; and

8. Active participation of technically capable NGO's engaged in Community Organizing (CO) activities and people empowerment.

On the other hand, the NGO-Assisted CBMFM arrangement should produce the following outputs:

1. Active, self-sustaining mangrove dependents/groups/organization, preferably a part of the existing Fishermen's Cooperatives/Associations (FCs/FAs);

2. Mangrove Stewardship Agreements (MSAs) between the DENR and the mangrove dependents;

3. A comprehensive socio-economic profile of coastal communities adjacent/bordering or within the mangrove forest;

4. A resource profile of the awarded MSA areas; and

5. Minimization of open access to the resources and the protection and management of coastal resources.

SECTION 2. Definition of Terms. For the purpose of this Order, the following terms shall be defined as follows:

a. Stakeholder — a person or an entity which relies mainly on the mangroves as their primary source of livelihood; or their main source of livelihood (i.e. fishing, sea farming, sea ranching, etc.) relies heavily on the productivity and survival of the mangroves.

b. Traditionally Depended Upon Mangrove Forest — is any mangrove forest within a timberland which is being made the source of livelihood ever since, on a daily and periodic basis by the mangrove stakeholder.

c. Sustained Yield — is the amount of harvestable material which can be remove from an ecosystem over a long period of time with no apparent deleterious effect on the ecosystem.

d. Non-Destructive Livelihood Alternatives — are livelihood activities guided by the sustained yield principle. Non-destructive alternative livelihood requires optimum sustainable harvesting of material and minimum disturbance on the processes and homeostatic qualities of the ecosystem.

e. Integrated Area Management Approach — a management approach which encompasses socio-economic, cultural and bio-physical components/attributes of a management area. Capitalizing on the interrelationship and interdependency of these components/attributes and maximizing the cumulative effect of these components/attributes to each other and to the whole management area.

f. Integrated Coastal Resources Management Approach — refers to the management of coastal resources, and the interlinking processes within and between the resources and their environment. This is an Integrated Area Management Approach for the coastal zone.

g. Special Interest Groups — refers to any group or entities bound by a certain and specified interest, issues and concerns.

h. Steward — someone entrusted with the resources of another for the purpose of exercising stewardship by providing care, protection and management to improve quality and productivity of those resources.

i. Stewardship Contract/Agreement — refers to 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 in return for managing that area according to a Stewardship Plan. It is hereinafter called the Agreement.

SECTION 3. Coverage. This Order shall cover all naturally grown mangrove forests except those set aside for the purpose of research and preservation and those covered by valid Ordinary Fishpond Permits (OFP) or Fishpond Lease Agreement (FLA). Established and terminated/turned-over mangrove plantation forests funded through the National Forestation Program and Fisheries Sector Program are also covered.

The beneficiaries of the MSA/CMSA are prioritized according to the following:

1. Traditional Claimants and Mangrove dependents/users (firewood cutter, charcoal maker, nipa shingle producer, etc.);

2. Fishermen's Associations/Cooperatives;

3. LGUs/Barangay/Municipality

SECTION 4. Operational Concept. The NGO-Assisted CBMFM system shall have three (3) phases:

a) Resource Assessment and Social Preparation phase

b) Development and Management phase

c) Monitoring and Evaluation phase

Each of the phases shall have the following activities:

4.1 Resource Assessment and Social Preparation.

4.1.1 Assessment and survey of mangrove areas.

Targeted mangrove areas shall be surveyed. Resource assessment activities shall be conducted to come up with an updated resource profile of the targeted area. Based on the updated resource profile of the area proposed, a zonification plan shall be drafted to be presented to the community/participants for evaluation, discussion and approval.

4.1.2 Public Information Campaign (PIC) and Socio-Economic profiling of coastal communities within and adjacent to the mangrove areas.

Value awareness and perception of coastal communities towards the resource shall likewise be assessed and used as basis of the Information, Education and Communication (IEC) Campaign/Technical Training programs to be implemented.

4.1.3 Tapping of NGOs with technical expertise and actively participating in Community Organizing (CO) activities in target areas as Assisting Organizations (AOs).

In cases where this is not feasible, Local Government Units (LGUs) and DENR Field Offices (FOs) shall be made as venue of extension activities. The aim of this activity is to reorient the perception of the coastal communities on mangroves and to provide for the technical capability building of coastal residents/mangrove dependents.

4.2 Development and Monitoring

4.2.1 Awarding of Mangrove Stewardship Certificates (MSCs) to deserving individuals or groups within community.

Through the DENR Field Offices, technical assistance to the community shall be provided in drawing up a twenty five (25) years management plan and in the rehabilitation of the awarded areas. The management plan shall follow the outline provided in DENR Administrative Order No. 03, Series of 1991.

4.2.2 Assistance by DENR in the rehabilitation of awarded areas by providing planting materials and technical assistance.

All labor inputs in developing and rehabilitating the MSA areas shall be the counterpart provided by the steward free of charge. Where applicable, indigenous species shall be recommended for planting. Rehabilitation should be made within six months after the awarding of Mangrove Stewardship Agreement (MSA).

4.2.3 Introduction of Mangrove based non-destructive alternative livelihood projects (rock mound, crab traps, crab fattening etc.) by the DENR through technology transfer and assistance on credit support/sourcing.

4.2.4 Zonification of the CBMFM areas

This shall be encouraged to identify the production and protection areas. Zonification activities shall be conducted by stewards assisted and formalized by the DENR.

4.2.5 The biological diversity of the naturally grown mangrove forest covered by the agreement shall be preserved. In case of denuded areas covered by the agreement, the natural diversity of mangroves shall be considered by planting mixed species subject to species site matching requirements.

4.3 Monitoring and Evaluation

4.3.1 Monitoring and Evaluation of MSA site shall be made yearly during the first five years of implementation, and every fifth year thereafter.

During the first year after the awarding of the MSA, bi-monthly monitoring shall be made to insure the implementation of the six-month rehabilitation phase.

SECTION 5. Contract Processing. The procedures in the processing of contracts are as follows:

5.1 The target partner NGO/AO shall submit to the DENR an Indicative Development Plan including maps duly endorsed by the Provincial Environment and Natural Resources Officer (PENRO) and Community Environment and Natural Resources Officer (CENRO) concerned. The proposal must be accompanied by the following documents.

5.1.a Letter of Intent addressed to the Undersecretary for Field Operations (FOs)/Regional Executive Director (RED) concerned;

5.1.b Endorsement from the Community/Fishermen's Association/People's Organizations, Barangay Councils and LGU's;

5.1.c Certification of availability and feasibility of the site from the CENRO;

5.1.d Registration Certificate from the Securities and Exchange Commission or Cooperative Development Authority;

5.1.e Organizational structure (including biodata of officers)

5.1.f Track record on environment and natural resources management including community organizing;

5.1.g DENR Accreditation as an NGO;

5.1.h Proof of financial capability of the NGO.

The Indicative development plan should follow the format as described in Appendix C* of this order.

5.2 A National/Regional Evaluation Committee shall be created by the Undersecretary for Field Operations and the Regional Executive Director concerned, respectively with the following composition:

5.2.a National Evaluation Committee

Coastal Environment Program Coordinator - Chairman
Program Manager/Project Leader of Mangrove Related Projects - Member
NGO Desk Representative - Member
Representative from FASPO - Member
Representative from CEP - Member

5.2.b Regional Evaluation Committee

CEP Regional Coordinator - Chairman
Regional Representative of mangrove-related projects - Vice Chairman
One Representative each from Forest Management Sector, and concerned CENR and PENR Offices
- Members

5.3 The criteria to be used in the evaluation of the proposal shall be:

5.3.1 Track Record of NGO
— 20%
5.3.2 Development Plan
— 30%
5.3.3 Financial Capability minimum of three (3) months working capital
— 10%
5.3.4 Site-Based
— 20%
5.3.5 Facilities/Assets
— 5%
5.3.6 Involvement of NGO in the coastal resources management activities
— 15%
— 100%

In case of a tie in an area, the contract shall be awarded to proponent with highest rating on the development plan.

5.3.7 The Evaluation Committee shall request the proponents to present their proposal during the convention of the Committee.

SECTION 6. Awarding of Contracts. Mangrove Stewardship Contracts/Agreements (MSC/A) or Community Mangrove Stewardship Contracts (CMSC) shall be used as tenurial arrangements using DENR Administrative Order No. 3, s. 1991 as implementing guidelines. The contracts shall be awarded and funded under Object Class 29 (Other Services as Contracts of Service), attached as Annex A of this Order.

The contracts shall be awarded by DENR Officials in accordance with Memorandum Order No. 5, s. 1993. as follows:

a. Issuance of Individual Certificates of Stewardship Contracts, maps, and other supporting documents

a.1 for areas not more than 5 ha.

- reviewing/recommending official: Project site Manager/ISF CENRO coordinator

- approval: CENR Officer

a.2 for areas more than 5 ha. to 7 ha.

- reviewing/recommending official: PENRO ISF coordinator/concerned CENR Officer

- approval: PENR Officer

a.3 for areas more than 7 ha. to 12 ha.

- reviewing/recommending official: PENR Officer Regional ISF Coordinator

- approval: RED

b. Issuance of Communal/Community Forest Stewardship Agreement

- reviewing/recommending official: RED/USEC for Field Operations

- approval: Secretary

First phase activities as enumerated in Section 4.1 of this Order shall have a duration of three months. The activities under the second phase (Section 4.2) must be undertaken for not more than one year but not less than nine months. The third phase shall cover the contract duration starting after the first month after the contract is effected. The monitoring of the activities stipulated in the Mangrove Stewardship Agreements shall be guided by the stipulations provided in Section 4.3.1.

6.1 The Contract of Service for the NGO Assisted CBMFM shall be awarded by the DENR Officials as follows;

6.1.1 The Regional Executive Directors/CEP National Coordinator shall award Contract of Services for NGO-Assisted CBMFM amounting to not more than P 1,000,000.00 which shall be recommended by the Regional CEP Coordinator.

6.1.2 The Department Secretary shall award Contract of Services for NGO Assisted CBMFM amounting to more than P 1,000,000.00 which shall be recommended by the Undersecretary for Field Operations and/or concerned Regional Executive Directors.

SECTION 7. Contract Duration. Contracts for NGO-assisted CBMFM shall have the following duration:

7.1 For FSP Covered Bays

The duration of contract of NGO-Assisted CBMFM in areas within the twelve (12) critical bays shall be fifteen (15) months.

7.2 Other Areas

For areas outside the Community Organizing (CO) coverage of the Fisheries Sector Program (FSP), the duration will be at most three (3) years. Contracts shall be renewed every end of each calendar year. Areas with existing community based organizations (Fishermen cooperative, People's Organizations, etc.) shall be prioritized/preferred to defer/minimize cost for community organizing.

Extension of contracts shall be recommended upon evaluation of the expiring contract by the community and the Evaluation Committee under Section 4.2 of this Order.

SECTION 8. Duties and Responsibilities. The implementation of the contracts shall be the responsibility of the non-government organizations, the MSA/CMSA holders and the DENR field offices as enumerated hereunder.

8.1 Non-Government Organizations

8.1.1 Conduct a survey of mangrove users, uses and level of dependence in each barangay;

8.1.2 Disseminate information on the value and management of mangroves to the community as a whole;

8.1.3 Mobilize concerned barangay residents to participate in the mangrove rehabilitation and management program as part of an existing community group or as a new special interest group;

8.1.4 Provide training and assist concerned residents/associations/cooperatives to undertake their role as stewards of the mangrove resources to be awarded to them:

8.1.5 Assist concerned residents to agree on criteria for participation in the program and for the allocation of available areas for production, limited production and protection and then to allocate the area among qualified participants;

8.1.6 Contract the formal parcellary survey if it cannot be undertaken by the DENR;

8.1.7 Assist the mangrove stewards to develop and undertake initial implementation of a six (6) month rehabilitation and twenty five (25) year stewardship area management plans;

8.1.8 Assist the mangrove stewards to collect local planting materials and procure outside of the site whatever mangrove planting materials may be required for the rehabilitation program if local sources are not adequate/suitable;

8.1.9 Assist the DENR in the issuance of Mangrove Stewardship Agreements;

8.1.10 Assist interested individuals to undertake non-destructive mangrove-based livelihood activities, including assistance in sourcing of credit, if needed;

8.1.11 Include mangrove activities in regular reports submitted to the to the DENR and/or DA.

8.2 MSA/CMSA Holder

The stewards shall be guided/assisted to do the following:

8.2.1 Submit a twenty five (25) year management plan and a six (6) month rehabilitation plan with assistance from the DENR and the AOs;

8.2.2 Form a special interest group or be incorporated in Fishermen Associations (FAs)/Fishermen Cooperatives (FCs);

8.2.3 Submit quarterly report during the first year and annual reports thereafter;

8.2.4 In areas within the FSP priority critical bays, participate actively in the formation and activities of the Bay Management Councils (BMCs);

8.2.5 Abide by all duties/responsibilities provided in MSAs, as stipulated in DENR Administrative Order No. 03, s. 1991.

8.3 Community and Provincial Environment and Natural Resources Offices

8.3.1 Conduct Survey and Resource Assessment of all mangrove areas with emphasis on those traditionally depended upon by the coastal communities/mangrove resource user as potential source of alternative livelihood;

8.3.2 Zonify the areas according to the following zone/categories;

i. Protection areas — pristine/primary growth

ii. Limited Production areas — secondary growth

iii. Production Areas

a. logged over
b. nipa
c. fishpond areas — productive, unproductive and abandoned.

The DENR shall assist the clientele in delineating and delimiting production and protection areas within the CMSA/MSA.

8.3.3 Conduct preliminary Socio-Economic Profiling and Mangrove Awareness Survey;

8.3.4 Assist the partner NGOs/AOs in IEC/PIC activities;

8.3.5 Formalize the parcellary survey of target MSA areas;

8.3.6 Monitor and evaluate the rehabilitation and development of MSA/CMSA areas;

8.3.7 Provide technical assistance both to the Stewards and partner NGOs/AOs and BMCs; and

8.3.8 Participate actively in the formation and activities of the BMCs or similar Resource Management Group as provided for under the Local Government Code.

8.4 DENR Regional Office

8.4.1 The Ecosystems Research and Development Sector (ERDS) and the ISF units shall facilitate and assist in the conduct of IEC and HRD Component of CBMFM.

8.4.2 The ERDS, Environmental Management and Protected Areas Sector (EMPAS) and Land Evaluation Party (LEP) teams in coordination with the concerned CENR and PENR Office personnel and AOs, shall assist the clientele and target community in the conduct of survey and blocking, as well as in the inventory and assessment of target MSA sites.

8.4.3 The Regional Offices, PENR and CENR Offices shall monitor and evaluate the conduct of CBMFM activities contracted to AOs, and endorse/disapprove the payment of the same.

8.4.4 The EMPAS and ERDS shall conduct Impact Assessment on the status of the resources and socio-economic stature of the community at the end of the contract period and every year for the first five (5) years and every five (5) years thereafter, and shall be further guided by the MSA provisions.

8.4.5 Within the contract period, regular consultative dialogues shall be conducted by the PENRO, CENRO, ERDS and ISF units, to be coordinated with the AOs and target clientele.

Costing per activity as described in Annex "B" of this Order shall be followed.

SECTION 9. Reporting. The CENR and PENR Offices shall submit monthly progress reports on the CBMFM implementation on or before the 25th day of the month, to the Regional Executive Director, thru the CEP Regional Coordinator. The Regional CEP Coordinator shall submit the monthly Regional Progress Report every 28th day of the month to the Project Director/Project Manager of FSP and National Forestation Development Office (NFDO).

SECTION 10. Monitoring and Evaluation. Monitoring activity shall be conducted on a monthly basis by a composite team of PENRO/CENRO and Regional personnel coordinated by the CEP Regional Coordinator assisted by FSP/NFDO Representative. The MSA area shall be subjected to MES-ICM at the end of the CBMFM contract, or six (6) months after the MSA/CMSA is awarded. MES-ICM may be contracted to independent entities/contractors or conducted by the field offices composite inspection teams. MES-ICM awarding shall be guided by the provisions of DENR Administrative Order No. 31, s. 1992.

SECTION 11. Penal Provision. All stipulation incorporated in the contract shall be governed by the Civil Code.

Upon cessation of activities due to any violation of the contract by the Contractor, the Contractor's right to compensation shall cease. No costs of any activities rendered by the Contractor after the date of such motion shall be reimbursed. The DENR may exercise its right to file case and/or collect damages incurred thereof.

SECTION 12. Repealing Clause. All administrative Orders, Memoranda and regulations inconsistent herewith are hereby amended or revised.

SECTION 13. Effectivity. This order shall take effect fifteen days after its publication in a newspaper of national circulation.

Adopted: 2 Sept. 1994


* Not included here.
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