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Second of seven parts
A new definition of forest should be used. A
forest is not composed of just the trees but is an ecosystem. A more
accurate definition would be “land consisting of trees with
overlapping crown covering of at least 60 percent with a biotic
community mainly composed of woody and nonwoody vegetation and the
wildlife therein.”
The definition in the Senate and House versions
describe a forest as having at least 10 percent cover in an area of
at least half a hectare. From an ecological point of view, an area
with 90 percent grassland is not a forest but a grassland. The
definition of forest should refer to the dominant vegetation of the
area. Forests are part of the mountain environment in the watershed
continuum. They aid in preventing flooding and soil erosion. Forests
also feed the streams that feed the rivers that feed the seas.
Nutrients from the forest are eaten and released and eaten again by
microorganisms as they spiral downstream. Excess nutrients finally
flow out of river mouths to enrich estuaries which in turn release
their nutrients into the coastal waters. Forests promote
biodiversity not only in the areas where they are found but also in
the lowlands and the sea.
The role of forests in mitigating global warming
and protecting endemic endangered species of plants and animals in
forests should be highlighted. Adding the following statements in
the basic policies can do this:
• The State recognizes the importance of the
ecological services of tropical rainforests in sustaining life on
earth especially in mitigating global warming. Further, tropical
rainforests are the most important habitats of endemic and
threatened species of plants and animals found nowhere else in the
world.
• Forest management must always and sincerely
consider biodiversity protection and conservation of wildlife
resources and their habitats consistent with Chapter 1, Section 2 of
Republic Act. 9147.
A new definition also requires identifying where
forest may still be found and mapping them. Currently, this function
is being performed by the Department of Environment and Natural
resources (DENR). It is suggested that the areas identified by the
DENR be verified and validated by the Forest Resource Development
Center. The information gathered would be used for the creation of a
forestland resource database, which shall consist of comprehensive
up-to-date information on the physical, social, economic,
biological, environmental and cultural components to ensure more
effective management of forests.
It is also necessary to determine the types of
forests in the country as these have different characteristics that
would warrant diverse methods for managing and conserving them
effectively. For example, natural forest refers largely to the
tropical rain forest (whether primary, secondary or residual forest)
that is not planted by man and which includes the lowland
dipterocarp forest at 0 to 1000 meters above sea level (masl),
montane at 1000 to 2000 masl, and mossy at 2000 to 3000 masl. It
also refers to pine forest in the highlands of Luzon and Mindoro,
molave forest in most islands with karst and limestone substrates,
beach and mangrove forests in the coastlines.
The current bill provides a mechanism for
identifying “permanent forestlands” in addition to the lands
already declared as such by the DENR and all unclassified lands of
the public domain. It is submitted, however, that the criteria found
thereon, such as the 18% slope, is no longer a relevant rule for
classification. Taking into consideration the climate, soil
topography and existing needs for conservation could provide a
better method of determining what lands should be considered
permanent forestlands.
At the very least, the enumeration found in the
current SFM bill should be expanded to include isolated patches of
forest with rocky terrain or which protect a spring for communal
use, without need of a minimum area. The SFM bill further classifies
permanent forestlands according to their use into protection forests
and production forests and provides strategies for managing each
kind.
The definition of protection forests has to be
expanded to make the law effective. Protection forest should include
all natural and restored forests. Where there are persons with
existing tenurial instruments in protection forests, such tenurial
instruments shall be deemed modified by the SFM Law as cutting and
felling of trees shall be completely banned in protection forests.
For CADC or CALT in protection forests, customary laws shall apply.
This is consistent with the bill’s policy on ICCs/IPs that areas
covered by ancestral domains under the Indigenous People’s Rights
Act shall be governed by customary law.
To be continued
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