PCSD Memorandum Circular No. 01 Series of 1993

Republic of the Philippines
PALAWAN COUNCIL FOR SUSTAINABLE DEVELOPMENT
(R.A. 7611)
Puerto Princesa City, Palawan

PCSD Memorandum Circular No. 01 Series of 1993

Subject : Guidelines in the Identification, Establishment and Management of Communal Forest in Palawan

In line with the implementation of the Local Government Code (R.A. 7160 Section 17), each Municipal Government is mandated to establish, operate, manage and control communal forest, with an area not exceeding fifty (50) square kilometers;

Pursuant to the policy of R.A. 7611, otherwise known as Strategic Environmental Plan for Palawan, it shall support and promote sustainable development goals for the province through proper conservation, utilization and development of natural resources to provide optimum yields on continuing basis;

Consistent with the DENR DAO 24 s. 1991 on shifting the cutting /logging operations from the old growth forest to residual forest:

Section 1. This Circular shall be known as "Guidelines in the Identification, establishment and Management of Communal Forest in Palawan".

2.1 Communal Forest - refers to a tract of forested land and mangrove areas set aside by the Secretary of the Department of Environment and Natural Resources (DENR) iron which organized communities of a certain municipality may be allowed/authorized to manage protect and conserve forest resources on sustainable basis. It may be established upon the initiative and request of the community of the municipality government but on both cases shall be under the supervision of the Mayor of the Municipality where the forest is located.

2.2 Primary forest/old growth forest - forest areas that have not been sukectd to extraction.

2.3 Residual Forest - forest areas that have beef subjected to extraction activities legal or illegal.

2.4 Critical Watershed - is a drainage area of a river system supporting existing and proposed hydroelectric plant, irrigation works or domestic water facilities, needing immediate protection or rehabilitation.

Section 3. Basic Policy - It is hereby declared the policy of the state to promote and encourage equitable access to benefits that could be declared from the enhancement and utilization of communal forest while ensuring and promoting sustainability of our forest resources.

4.2 Assist in the protection of primary forest and enhance environmental conservation through training, formal and non-formal education.

4.3 Provide the community with adequate supply of wood, wood-by-products, including minor forest products.

4.4 Develop livelihood projects which are forest-based to increase peso-value of forest products.

4.5 Promote income generating projects as a means for greater opportunity to improve quality of life.

Section 5. Identification of Areas for Communal Forest - Residual and mangrove forest which have not been the subject of cutting logging for at least 25 years, with an average stand of 80 cubic meter/hectare XXXXXX species excess establishment as a communal forest subject to the following conditions:

a) That the propose area had been subjected to at least 10% forest resources inventory.

b) That the proposed area contains a minimum of 1,000 operable forest/mangrove area excluding areas with more than 50% slope and 1,000 meters elevation and 20 meters on both sides of streams/water lines.

c) That the boundary of the proposed communal forest had been properly delimited on the ground.

d) That the proposed area is not covered with encumbrances or within prohibited areas like: national park, proclaimed/critical watershed, wildlife sanctuaries, wilderness areas, logging ban areas in small islands less than 10,000 hectares, areas covered by Fisheries Lease Agreement (FLA). Reforested areas funded by NFDO, the Fisheries Sector Program or other funding source and tribal lands unless decided by the indigenous cultural communities in accordance with their approved communal forest management plan.

Section 6. Project Proponents - Communities residing within or adjacent to a second growth forest or mangrove areas shall be organized and formed into an association to become recipient of the program. The community through its authorized representative and upon the recommendation of the Municipal Mayor shall be awarded twenty five (25) years Communal Forest Agreement (CFA) renewable for another twenty five (25) years. The agreement provides long term security of tenure for utilization of natural resources that would motivate communities to develop, rehabilitate, protect and manage on sustainable basis the communal forest. The community is also responsible in the protection of adjoining old growth and residual forest.

Section 7. Management/Operational Scheme - The communal forest shall be operated and managed on sustained yield basis, following the selective logging system by adopting the following strategies/procedures and considerations;

7.1 The sustained yield capacity of the communal forest shall be computed based on the following formula

Where SYC = Sustained Capacity
Expressed in cu.m/Annum

ACA = Annual Cutting Area in Hectares

Vr = Harvestable volume in cu.m/Annum
Determined based on the following equation: Vr = 505 of the 60 cm. dbh/dab + 100% of the volume of 70 cm. and above for all species except premium/banned species.

f = 0.70 initial reduction factor to compensate for logging inefficiency, internal defects and to allow for satisfactory residual stand. This factor may be changed if a more efficient and less destructive yarding/skidding system is used as determined through studies that may be conducted by a multi-disciplinary group.

cc = cutting cycle of 45 years

Section 8. management Plan/Annual Operation Plan - To ensure an effective management and orderly operation of the communal forest, a five (50 year management plan and an annual operational plan should be prepared by the Management team guided by the policies set by PCSD and following the guidelines prescribed by the DENR for timber licenses/policies which could be modified to suit the actual conditions or prevailing situation. Said plans are to be approved by the Municipal Mayor.

Section 9. Blocking The identified areas for communal forest shall be divided into parcels, parcels into blocks and block into sub-blocks to facilitate operations monitoring and evaluation; implement the 45 years cutting cycle in forested land; and follow the prescribed sustainable harvesting on mangrove areas.

10.1 Annual Resource Inventory Before harvesting of any product each year, a detailed inventory or checking of major harvestable products by trained project implementors shall be done within the communal areas scheduled for operation.

Based on then inventory and sustained yield, the following shall be specified or accomplished as may be necessary in the operation areas.

The trees to be cut and those to be left behind or marking Goal (MG) are marked based on the following scheduled.

MG = 70% of trees 20 cm in dbh
+ 75% of tress 30 cm in dbh
+ 85% of tress 40-50 cm in dbh
+ 50% of tress 60 cm in dbh

10.2 In case of non-timber products (honey, rattan, almaciga, bamboo, orchids, etc.); the system of harvesting should adopt pertinent DENR policy issuances.

10.3 Whenever it will be deemed economical for collections, slabs and scraps form logging waste may be gathered as firewood or converted into charcoal.

10.4 A site specific guide on harvesting and/or cutting of tress is necessary in order to minimize damage.

10.5 Site for slicing guide on harvesting and/or stocking of harvested products shall be set up in one or more strategic locations within the project area.

10.6 Marking of competitor tress - guidelines on timber Stand Improvement (RP-German Procedure)must be followed.

10.7 Rare trees that had been dead for sometimes should also be inventoried and be utilized.

Section 11. Felling, Yarding , Slicing, Stocking and Stock Disposal

11.1 Yarding or dragging of logs should be done by animal (carabao or cow) only. The use of mechanized equipment, trucks, buldozers, etc. is strictly prohibited , Chainsaw may be allowed as deemed necessary in feeling and to governed by DAO No.49 s. 1992.

11.2 Slicing logs in the cutting site shall be limited to optimum size (flitches) that can be hauled by animals.

11.3 Slicing of lumbers shall be done in designated area only.

11.4 Slicing may be done at any day of the yeas provided that sizes to be sawed shall be confined to approved orders.

11.5 Any answer shall be allowed to do slicing as long as sawing shall be done in the duly designated sites.

11.6 Sawed lumbers, harvested round, wood, bamboos, etc, as ordered must be claimed as soon as it will be available; otherwise a corresponding fee shall be charged to the concerned users.

11.7 Users shall not be allowed to claim their orders unless the expenses in the harvesting and/or slicing be compensated and unless settlement of all their obligation to the Project be properly met or arranged.

11.8 A Stock Custodian shall be assigned as caretaker of harvested products but shall not be allowed to dispose any product without the approved orders, and the approval of release by the Project Management.

Section 12. Maintenance, Protection and Enhancement

12.1 Parcels operational unit for a given year may be delineated depending on the result of the initial sampling or inventory of resources conducted during site selections.

12.2 Activities to be undertaken:

a) Cutting of competitor trees, climbers or vines;
b) Enrichment planting in cleared or understock areas;
c) Improvement of trails and roads;
d) Forest protection including training of potential forest guards and potential people to be deputized as reportes of violators of the project guidelines and other related laws or regulations. The ideal number of at least one (10 forest guards per 1,000 hectares and posting of proper signs at the boundaries and corners of the communal forest project;
e) Establishment of other protective measures like: water impounding, erosion control, river bank stabilization;
f) Checking of the plans and activities of existing forest occupants in the communal forest area;
g) Proposals on complimentary and supplementary communal projects like fishing in , and protection of ___________________________. This has to submitted to for approval by the Project Management.

12.3 Incidental fees shall be worked out by the Project Management.

a) Fees or equivalent labor value shall be imposed on each of the ordered projects, registration of saws and sawers, authorized non-timber gatherers, hunters, dealers of projects and contractors of building, who make use of some materials taken from the communal forest areas. Fines or changes shall be impose don illegaly harvested products, for violations of the guidelines, and from such other measures as may be approved by the Project Management.
b) Funds generated must be allocated for the incentives of project implementors, for maintenance activities, for administrative purposes, and for information-gathering dissemination purposes.
12.4 All operational areas within the communal forest must establish a nursery for seedlings to be used as replacement of cut timber by the project management.

Section 13. Qualified Harvesters or Gatherers

13.1 Harvesters or gatherers of any products must be duly registered and accredited by the project management.

13.2 A harvesting permit shall be issued to a person or persons who have undergone training on harvesting.

Section 14 Product Users and Processors

14.1 Users and processors of products are persons/entities like LGU,NGO's ect who shall be allowed to order a product a bonafide resident of the community. Other requirements include:
a) Attendance in the Orientation on all of the guidelines of the project;
b) Must be willing to contribution his share in the maintenance/protection and enhancement of the project, the value of which shall be dependent upon his order, while the mode of settling such obligation may be any other arrangement acceptable to the Project Management.

14.2 Ordering - All orders must be together with the following requirements:

a) Plan/sketch of the Project;
b) Bill of the materials, name of users place of construction in the case of lumber roundwood and bamboos. In the case of minor forest products, the name of users and address will suffice.
c) Targets time of use, arrangement on harvesting and sawing;
d) Agreement on the value of users obligation to the project as well as the mode of settling such obligation;
e) Deposit of 10% of total charges must be paid upon closing of orders;
f) The 10% deposit shall be forfeited in favor of the management in case orders are not claimed after the prescribed date.

14.3 Transporting - Ordered products when transported to end-users must be accomplished by scale sheets and certification issued by the Municipal Mayor or his authorized officer. Said transport documents authorized officer. Said transport documents should be registered with the CENRO for record and monitoring purposes.

14.3 License/permit - Appropriated public gratuitious license/permit (gratis) for the cutting of timber and collection/gathering of minor forest product shall be issued by the Regional Executive Director to the community through its authorized representative upon clearance/recommendation from the local government unit. The total aggregate volume to be covered by the permits/licenses issued during a calendar years should not exceed the sustained yield capacity of the communal forest. For renewal of the license, authority is delegated to concerned PENRO/CENRO with duplicated copy furnish the regional office.

Section 15. Complementary and Supplementary Projects within the Communal Forest /Mangrove Areas.

15.1 Nursery for raising seedling of trees shall be established in the communal project for reforestation and enrichment planting.

15.2 Fishing the reserve mangrove for communal project may be allowed with the permission of the Project Management, provided that it will not deplete the sustainability of the mangrove wood and also the Fish/___ life the area.

15.3 Replanting the trees inside the communal forest/mangrove project is a must.

15.4 Other livelihood project that utilize forest products, by-products and forest minor products.

Section 16. Special Provision

16.1 For any violation of the terms and conditions of the communal forest laws, rules and regulations, the DENR may recommend for disestablishment of the communal forest in consultation with the PCSD Municipal Team and Barangay Management Team.

16.2 Implementation of laws, circulars communal projects shall be allowed to be integrated in the project Management.

16.3 Complimentary and supplementary communal projects shall be allowed to be integrated in the Project, shall enhance the productivity of the area as well be evaluated and approved by the Project Management

16.4 Existing forest occupants in the communal area may be granted forest oocupancy permit but shall be subjected to the guidelines of the Project and shall be given priority if found qualified for any approval for proper authorities.

16.5 The municipal LGU shall be allowed to pass ordinance that will supplement the guidelines provided that no guidelines be modified without the approval of proper authorities.

16.6 Municipalities without existing forest qualified for CF operation may forge memorandum of agreement with other municipality with forest greater than 5,000 hectares. Section 17. General Prohibitions

Section 17. General Prohibitions

17.1 Grazing in the communal forest ________ ____________ forests.

17.2 No building of permanent structures shall be constructed within the communal forest areas.

17.3 No. individual shall be allowed to acquire title or claim of any kind to the land and resources of the communal areas.

17.4 It shall be unlawful for any person to hunt, take wound, kill or in any manner disturb or destroy any wild bird or animal, to take or destroy the nests or eggs of such birds inside a communal forests. However, seasonal hunting might be allowed subject to the rules and regulations to be promulgated by the management team and properly recommended and approved by concerned authorities.

17.5 The use of mechanized equipments such as buldozers trucks etc. are strictly prohibited.

Section 18. Organizational./Functional Structure

18.1 The organizational/ functional chart showing the different units:

19.1 PCSD - formulate general policies as basis for the implementation of the project of the and over-see coordination, monitoring and evaluation of the project.

19.2 DENR (Central/Region) - to provide technical assistance in the formulation of general policies relative to the project.

19.3 Provincial Env. Council - to coordinate, monitor and evaluate the communal forest projects of involved municipalities.

19.4 DENR (PENRO) - to provide technical assistance in the implementation of the project at provincial level and facilities approval of permit/licenses.

19.5 Municipal Environment Council - promulgate guidelines to implement policies formulated by the PCSD.

19.6 DENR (CENRO) - to provide technical assistance in the implementation of the project and assist in shall execute its regulatory functions with the project site.

19.7 Municipal Management Team/Project Management Office - to directly supervise the implementation of the project at different barangays. It shall also environment council site specific policies relative to the project.

19.8 Barangay Management Team - where applicable it shall implement the project on specific barangay. It is responsible in the day -to-day operations of the project.

19.9 NGO - non-government organization that will be involved in the training and organization of the communities. It may also provide technical assistance in project implementation, monitoring and evaluation and policy formulation.

Section 20. Separability Clause - If for any reason or reasons any part of provision of this guidelines shall be held unconstitutional or invalid, other parts or provisions thereof which are not affected thereby shall continue to be in full force and effect.