Requirement of Cutting Permit
- No cutting of mangrove trees within duly approved FLA areas is permitted without a cutting permit issued by the Department of Environment and Natural Resources (DENR).
- The cutting permit ensures regulatory control and monitoring over the exploitation of mangrove resources.
Conditions on Areas to Be Cleared
- The clearing must be part of the approved fishpond development plan under the FLA.
- No cutting permit may be issued if five (5) years or more have passed from the date of FLA issuance, which restricts cutting to earlier stages of the lease.
Mandated Buffer Zones
- Buffer zones of mangrove forests must be maintained or developed as follows:
- 50 meters wide along seas, oceans, and other bodies of water.
- 20 meters wide along both sides of river channels or banks.
- These requirements are pursuant to Presidential Decree No. 705 and Ministry Administrative Order No. 42, Series of 1986.
Disposition of Cut Mangrove Wood
- Mangrove wood cut under an authorized cutting permit is to be turned over to DENR.
- DENR will dispose of said wood through public bidding.
- The permittee or FLA developer is entitled to the right to equal the highest bid within three working days after the bidding.
Reforestation and Maintenance Obligations
- The FLA developer must plant mangrove species in an area equivalent to the clear-cut area under the permit.
- The planted mangroves must be maintained for a period of three (3) years.
- A minimum survival rate of eighty percent (80%) must be achieved during this maintenance period.
- These activities are to be conducted at the FLA developer's expense.
Performance Bond Requirement
- The permittee or FLA developer must furnish performance bonds.
- Bonds must be equivalent to the estimated value of the mangrove wood to be harvested plus the estimated cost for reforestation and maintenance.
- This serves as a financial guarantee for compliance with cutting and rehabilitation conditions.
Effective Date
- The Memorandum Circular took effect immediately upon adoption on December 5, 1990.
This Circular establishes a regulated framework for cutting mangrove species within fishpond lease areas balancing resource utilization with environmental protection and rehabilitation mandates.