LAO PEOPLE’S DEMOCRATIC REPUBLIC



LAO PEOPLE’S DEMOCRATIC REPUBLIC

AN ENVIRONMENTAL IMPACT ASSESSMENT

OF ADDITIONAL FINANCING FOR THE

SUSTAINABLE FORESTRY FOR RURAL DEVELOPMENT PROJECT

(SUFORD-AF)

LAO PDR/THE WORLD BANK/GOVERNMENT OF FINLAND

A REPORT PREPARED BY

THE POST GRADUATE AND RESEARCH DIVISION

FACULTY OF FORESTRY, NATIONAL UNIVERSITY OF LAOS

FOR THE

DEPARTMENT OF FORESTRY

MINISTRY OF AGRICULTURE AND FORESTRY

OCTOBBER 8, 2008

TABLE OF CONTENTS

LIST OF ABREVIATIONS AND ACRONYMS

1. INTRODUCTION AND BACKGROUND

1. Introduction

2. A Brief Overview Activities and Achievements under SUFORD

3. Objectives and Activities proposed for SUFORD-AF

4. Project Design

2. THE GOL LEGAL AND INSTITUTIONAL SETTING FOR SUFORD-AF

2.1 Changes in Forest Regulations during SUFORD

2.2 Roles and Responsibilities in SUFORD-AF implementation

3. THE ENVIRONMENTAL AND RESOURCE MANAGEMENT SETTING

IN THE NEW PROJECT AREAS

3.1 Environmental Conditions

3.2 Cultural Aspects of Forest Resource Use

3.3 Land Use and Tenure

4. ANALYSIS OF KEY ENVIRONMENTAL ISSUES AND IMPACT

MANAGEMENT STRATEGIES

4.1 Criteria For and Selection of New PFAs

4.2 Major Project Issues and Recommended Management Actions

ANNEX I. CAPSULE DESCRIPTIONS OF SUFORD-AF PFAs

ANNEX II. INFERRED OCCURRENCE OF MAMMAL SPECIES IN SUFORD-AF PFAs

REFERENCES

LIST OF ABREVIATIONS AND ACRONYMS

DAFES District Agriculture and Forestry Extension Service (or FSEW)

DAFO District Agriculture and Forestry Office

DOF Department of Forestry

EIA Environmental Impact Assessment

FIPD Forest Inventory and Planning Department

FMP Forest Management Plan

FOMACOP Forest Management and Conservation Project

GIS Geographical information system

GOF Government of Finland

GOL Government of Lao People’s Democratic Republic

MAF Ministry of Agriculture and Forestry

NAFES National Agriculture and Forestry Extension Service

NAFRI National Agriculture and Forestry Research Institute

NBCA National Biodiversity Conservation Areas

NGO Non-governmental Organization

NTFP Non-Timber Forest Products

OP Operational Policy (of the World Bank)

PAFES Provincial Agriculture and Forestry Extension Service

PAFO Provincial Agriculture and Forestry Office

PFA Production forest area

PMO Prime Ministerial Order

PPT Project Preparation Team

PRA Participatory Rural Appraisal

PSFM Participatory Sustainable Forest Management

RRA Rapid Rural Assessment

SIA Social Impact Assessment

SFM Sustainable Forest Management

STEA Science and Technology Agency

SUFORD Sustainable Forestry and Rural Development Project

SUFORD-AF Sustainable Forestry and Rural Development Project–Additional

Financing

TEK Traditional ecological knowledge

USD United States Dollar

VA Village Administration

VDC Village Development Committee

VFA Village Forestry Association

VFC Village Forestry Committee

WB World Bank

WCS Wildlife Conservation Society

WWF World Wide Fund for Nature

AN ENVIRONMENTAL IMPACT ASSESSMENT

OF ADDITIONAL FINANCING FOR

THE SUSTAINABLE FORESTRY FOR RURAL DEVELOPMENT PROJECT (SUFORD)

1. INTRODUCTION AND BACKGROUND

1.1 Introduction

SUFORD, a cooperative project between the World Bank and the Governments of Laos and Finland, has been under implementation since February 2004, and currently operates in 8 Production Forest Areas (PFAs) in Southern Laos. SUFORD was originally scheduled to conclude in December of 2008, however, in view of the substantial progress the project has made since its mid-point, the three partners (WB/GOF/GOL) are examining the possibility of extended support for three years through the World Bank’s ‘Additional Financing’ mechanism (World Bank Operational Policy 13.20).

During original project inception and preparation in 2001, SUFORD was determined to be a Category A project under WB Operational Policy (OP) 4.01. This meant that it was subject to a detailed Environmental and Social Impact Assessment (ESIA), which was subsequently completed in September of 2002 (Dick and Williams 2002). Likewise the Bank’s operational policy decrees that environmental and social impact assessments must be carried out for the continuation of a project under “Additional Financing” to cover issues that may have arisen during project implementation and new issues associated with project extension. This Environmental Impact Assessment (EIA) report and the separately-prepared Social Impact Assessment (SIA) report (Chamberlain et al 2008) are intended to fulfill the World Bank’s requirements under OP 4.01. Taken together, these two reports should be considered as supplemental to the original 2002 ESIA, covering environmental and social aspects that may arise during the implementation of SUFORD-AF.

1.2 A Brief Overview of Activities and Achievements Under SUFORD

SUFORD is the main pillar of World Bank/GOF engagement in forestry in Lao PDR and focuses on sustainable management of natural production forests. SUFORD has been under implementation since February 2004. The current closing date is December 31, 2008. The project is financed until December 2008 through an IDA Credit of US$9.9 million with parallel financing from GOF in the amount of EUR8 million. SUFORD currently operates in 8 Production Forest Areas (PFAs) in Champasak, Khammouane, Savannakhet, and Salavan. The development objective of the project is to achieve the sustainable management of natural production forests to alleviate rural poverty. Specific project objectives are to:

a) Improve the policy, legal and incentive framework enabling the expansion of Participatory Sustainable Forest Management (PSFM) throughout the country;

b) Bring the country’s priority natural production forests under PSFM; and

c) Improve villagers’ well-being and livelihoods through benefits from sustainable forestry, community development and development of viable livelihood systems.

The project has been comprehensive in scope and designed along the following four components:

a) Support Services of Sustainable Forest Management;

b) Sustainable Forest Management and Village Development;

c) Forest Sector Monitoring and Control; and

d) Project Management.

Field implementation of SUFORD has covered about 640,000 ha of natural forests in Khammouane, Savannakhet, Salavan and Champassak provinces, including 270 000 ha of the previous FOMACOP and JFM project sites. Project areas contain about 412 villages and an estimated population of between 100,000-105,000 villagers, most of whom benefit either directly or indirectly from the project. A special attempt has been made to target the poor, and village development support has been adjusted in many cases to account for different levels of poverty. The majority of the project beneficiaries live in remote districts, where the percentage of the population rated as “poor” is higher than the national average.

The project has also contributed to in situ biodiversity conservation through the maintenance of natural forest composition and structure, through the establishment of “high conservation value forests” within PFAs, and through creating buffers around and connectivity between National Biodiversity Conservation Areas (NBCAs). Sustainable management of production forest areas has entailed management of all resources: commercial timber; household wood; botanical NTFPs; biodiversity; and environmental services provided by the forest landscape. Forest management and control systems sufficient to achieve initial forest certification by Forest Stewardship Council (FSC) have been established, though as will be discussed later in this report, these systems will require additional emphasis during the proposed extension to be considered fully effective.

1.3 Objectives and Activities proposed for SUFORD-AF

Considering SUFORD’s implementation successes and GOL’s obvious commitment, the World Bank and GOF are prepared to provide further support to the project. ”Additional Financing” (under World Bank Operational Policy 13.20), is an instrument that provides additional IDA resources (on IDA grant terms), and allows for a project extension of up to 3 years after the current closing date. IDA resources will be complemented by GOF grant resources, which will be governed by bilateral agreement between the Governments of Finland and Lao PDR.

SUFORD-AF is proposed to extend project implementation into five new provinces (Xayaboury, Vientiane, Bolikhamxay, Sekong, and Attapeu) and include 8 new PFAs with a total area of 539,630 ha. About 438,660 ha is intact forest, and of this about 352,150 ha is on slopes that are potentially harvestable. An estimated 329 villages with a population of 150,000 will be potential participants and beneficiaries in the project.

Given that the implementation period is limited to three years, and in light of limited capacity at sub-national levels, the project will have to carefully prioritize a set of project activities that can be implemented within the given timeframe to achieve the intended outcomes. Upon completion of the project extension, a future agenda for the forestry sector in Lao PDR should come into clearer focus and be considered for longer-term implementation.

1.4 SUFORD AF - Design

Component 1. Support Services for PSFM

This component will support the further consolidation and completion of the regulatory and policy framework defining the national production and protection forest estate of Lao PDR and for the implementation of PSFM. It will support DOF to be an effective leader in forest policy formulation and implementation and strengthen government capacity to provide forest management services at national, province, district and village levels. This component will consist of four sub-components, each with a specific set of proposed activities:

Sub-component 1. Sectoral Policy and Regulatory Reform. This sub-component will support: (i) inter-sectoral conferences and working groups that involve the PMO, MAF, MOIC, MOF to complete and apply inter-agency agreements on transparent competitive log sales, wood pricing procedures, and fair benefit sharing and revenue transfer systems; (ii) annual consultations of Government on the determination of sustainable yields and the conduct of logging and timber sales, including infrastructure-related logging; (iii) National Forestry Policy Conference; and (iv) a sector-wide economic analysis to determine the long-term economic sustainability of the PSFM approach to production forestry based on equitable benefit sharing.

Sub-component 2. Establishment of the National Production Forest Area System. The forests of Lao PDR are classified into three categories: National Biodiversity Conservation Areas (NBCAs), Production Forests, and Protection. While a system of NBCAs has already been established a few years back and the formal establishment and operation of the national PFA system is expected to be completed soon, this sub-component will expand policy support to the initial formulation of a regulatory framework, procedures, guidelines and criteria for the establishment of a nationwide Protection Forest System and management approaches under the overall forest land allocation process.

Sub-component 3. Strengthening of PSFM Capacity. This will support: (i) the expansion of the country-wide permanent-sample plot system and growth and yield studies for important timber species; (ii) studies on the properties and marketing of lesser-known timber species and non-timber forest products; (iii) reduced impact logging; (iv) forest certification in the context of ASEAN cooperation; and (v) research on new management models for the diverse forest types occurring in new project areas such as Mixed Deciduous and Dry-Dipterocarp forests.

Component 2. SFM and Village Development

This project component will provide support to GOL's dual forest policy goals of instituting sustainable forest management on priority natural production forests and of improving the livelihood of forest-dependent communities. Thus the component comprises two closely related themes: participatory forest management and village development. Though these two themes will be carefully integrated during field implementation, the activities they entail are sufficiently different that they are presented in project design as separate sub-components. Implementation of this component will be geographically expanded based on the existing and proven PSFM practices from currently four provinces (Khammouane, Savannakhet, Salavan and Champasak) to an additional five provinces (Attapeu, Sekong, Bolikhamxay, Vientiane and Xayabury). In total, the project will include 16 PFAs covering a total area of approximately 1.3 million hectares and 600 villages.

Sub-component 1. Participatory Sustainable Forest Management. Under the PSFM sub-component, the project will provide goods (vehicles, computers, satellite images, and field equipment), incremental operating cost, and training for the preparation and implementation of PFA management plans and sub-FMA annual operation plans and for strengthening PSFM capacity of provincial and district Forest Management Units and villagers. In existing project PFAs, support will be limited to providing incremental operating cost and focused on deepening and consolidating capacity to routine operations, while investment support will be directed at the new project areas to build basic implementation infrastructure and focus on land use and forest management and operational planning, capacity building, and piloting of harvesting operations towards the end of the Additional Financing period. Sub-component implementation will apply the detailed guidelines and steps laid out the in PSFM Operations Manual.

Subcomponent 2. Village Development. Under the Village Development sub-component, the project will continue to finance incremental operating cost and training for provincial and district staff and villagers for the preparation of village development plans and provide for Village Development Grants for the implementation small-scale village infrastructure and income generating activities. Implementation of VD grants will be embedded in the PSFM approach and guided by the project Village Development Manual.

Component 3. Forest Sector Monitoring and Control

This component will support the implementation of an efficient and comprehensive forest monitoring and internal and external control system as well as independent forest management certification. The component will provide for technical assistance, workshops, specialized training, equipment (computers, vehicles, field tools, office infrastructure, IT soft- and hardware), incremental operating cost and allowances, and forest management auditing services. The component consists of four interrelated sub-components:

Sub-component 1: Forest Cover Monitoring. This sub-component will build on existing work of FIPD and the recent forest cover surveys and will include: (i) training for FIPD staff in forest cover monitoring based on newly available satellite imagery (ALOS) and point sampling interpretation to compare most recent forest cover changes for selected ‘hot spot’ provinces; and (b) the development of a comprehensive technical design for an integrated forest inventory and cover monitoring and data management system. This design will take the needs and requirements for monitoring forest cover, forest quality, biomass, and forest carbon stocks into consideration to provide inputs into the REDD process. Implementation of such system may be financed separately under FCPF or by other interested donors.

Sub-component 2: Internal Control and Management Information System. This sub-component will support the development of an internal control and reporting system covering forest management operations, conduct of timber sales procedures, and revenue flows. It will support the formulation of management standards to be attained in routine operations and the development of guidelines and protocols for internal control procedures, including field inspections and analysis, monitoring of corrective actions implementation to improve compliance with such standards, and clarification of staff responsibilities at all levels. It will also support the further development of a management information system (MIS) where all forest management and timber sales information is stored along with internal control information for decision-making purposes. This sub-component will be closely integrated with sub-component 3.3.

Sub-component 3: Regulatory Compliance Monitoring and Law Enforcement. This sub-component's principle focus is the development of the capacity to monitor and enforce compliance with regulations, standards, management plans, and approved permits and contracts. This sub-component will build basic capacity in the Department of Forest Inspection (DOFI) to become – in partnership with other agencies – effective in preventing, detecting and suppressing crime across the range of forest landscapes and forest products supply chains. Project activities will include: (i) Intelligence Systems Development, such as the establishment of information tools and capacity to manage and disseminate law enforcement intelligence; formulation of “red flag” indicators; development of a Case Tracking System; case management and handling; and procedures for disseminating intelligence to other law enforcement agencies and policy making

authorities; (ii) Interagency Agreements and Operations to develop partnerships and engage with other law enforcement agencies (e.g. Customs, Economic Police, the Bank of Lao PDR Anti-Money Laundering Unit, etc.) in their appropriate roles in forest law enforcement. A specific focus will be the development of arrangements with DOF with regard to divisions of labor and protocols that conform with the mandates of each agency; (iii) Forest Law Enforcement Training and Public Awareness, including specialized training to DOFI and DOF (and other agency) staff at national, provincial and district levels, and development and dissemination of public awareness material for the general public and private sector audiences (such as forest industry and agro-industry and mining enterprises) on Lao forest law and law enforcement policies; and (iv) Forest Law Enforcement Strategy, entailing the integration of project experiences and from other sources and the formulation of a long term and formally endorsed strategy for forest law enforcement in Lao PDR.

Sub-component 3.4: Independent Management Certification. This sub-component will cover the cost associated with the maintenance of the Forest Stewardship Council (FSC) group certificate held at the DOF and the expansion of the pool of certified sub-FMAs in project areas attaining PSFM standards.

2. THE GOL LEGAL AND INSTITUTIONAL SETTING FOR SUFORD-AF

IMPLEMENTATION

2.1 Regulatory Changes during SUFORD

Several pertinent regulations have been issued, some with considerable technical support from SUFORD, since project inception in 2002. These are, in chronological order:

Decree on Sustainable Management of PFAs. (No.59/PM, Vientiane 22/5/2002).

This Decree covered the identification, establishment, planning, management and harvesting of Production Forest Areas (PFA) and the key principles for monitoring the implementation of sustainable forest management on PFAs throughout Lao PDR. It further covered the duties and functions of relevant government agencies (MAF, PAFO, DAFO), local authorities and villagers in participatory management of PFAs.

Procedures for transparent, competitive log sales “to maximize revenues for Government and villagers were defined, including a provision that village forestry representatives shall participate in log-sale decisions on an annual basis. Revenues from log sales were to be distributed to the national budget, the forest development fund, forest operation costs, and to local development funds. The proportions to be managed and used for each purpose were to be determined by the Prime Minister on recommendations from the Ministry of Finance.

MAF was instructed to develop specific regulations for a forest monitoring and control system governing implementation of long-term management and annual operational plans, forest management agreements and forestry activities in a PFA. STEA was to have an oversight function, monitoring forest condition and environment in PFAs in collaboration with MAF.

Finally, the decree made provisions for rewards for exemplary performance in forestry, and established procedures for regulatory enforcement and dispute resolution.

Decree on Industrial Tree Plantations and Environmental Protection. (No. 96/PM, Vientiane 11/06/2003).

This decree promoted the planting of industrial fibre plantations of fast growing indigenous and exotic species, and the planting of trees for land re-greening and environmental protection. MAF is to coordinate with local authorities to select and survey areas of “barren land, degraded forest, vacant land and secondary forest for such plantations. Technical assistance and financial incentives are to be provided to encourage plantation development.

Regulation on Establishment and Sustainable Management of Production Forests. (No. 0204/MAF, Vientiane, 30/10/2003).

This regulation appears to be a further elaboration of Prime Ministerial Decree 59 of 2002 in that it defines principles and procedures for establishing PFAs and instituting sustainable forest management “on PFAs throughout the country”. It refined the criteria for PFA selection given in Decree 59 (See Section 5.2 for a more detailed description of PFA criteria), and provided direction on both the preparation of PFA Management and operational plans and on important management activities within the PFA (boundary demarcation, timber harvesting, forest regeneration, biodiversity conservation and NTFP management). This regulation provided much more detailed direction for timber sales: PAFO is to coordinate the process with Commerce, Finance, FMU staff and VFCs, bidding shall be competitive and transparent, and a floor price will be established for the bidding. Benefit sharing after royalty payment shall be disbursed according to the Budget Law the following manner: 30% to the national budget as an additional royalty payment and the remaining 70% shared 20% to the forest development fund, 25 % to operational costs and 25% to village development accounts. The final sections of the regulation deal with internal monitoring and control, roles and responsibilities of participants, and incentives, enforcement penalties and conflict resolution.

Order on Increasing Control in Forest Management, Conservation, Wood Business and Promoting Production of Finished Wood Product in the Processing Industry. (No. 31/PM Vientiane, 23/08/2006).

This order was a response to the report on the assessment of forest change between 1992 and 2006 (MAF 2005). After a preamble outlining the causes of the negative changes in forest cover and forest quality, the President directed that:

• more effort be directed into public education campaigns on the value of forest resources, biodiversity and forest services;

• MAF press forward with plans to implement participatory sustainable forest management (PSFM);

• log sales through competitive bid would henceforth be open only to members of the Lao Wood Industry Association;

• factories that are confirmed to produce finished products of an acceptable standard for domestic and export markets shall receive priority in timber allocations;

• harvesting plans for infrastructure development (Nam Theun II and Xekhaman) should be expedited;

• MOIC is to collaborate with MAF to develop criteria and programs for the downsizing and consolidation of wood processing capacity;

• Priority attention should be paid to the detection of forest crime and the punishment of offenders;

• determine more effective ways to control the allocation of wood for domestic purposes (house building and repair);

• no harvesting permits shall be issued on any forest area unless a pre-harvesting inventory has been completed and approved; and

• anyone, private citizen or government official, who violates forest law shall be punished to the full extent of the law and any materials or benefits obtained through illegal acts shall be confiscated.

Order Regarding the Enhancement of Forest and Timber Business Management for the Year 2007-2008. (No. 31/PM, Vientiane, 17/08/2007).

This is an exhaustive list of orders and directives from the Prime Minister to Ministries involved in the forest sector. Among the most important of these are:

• all Ministries and organizations must place more emphasis on information dissemination and public education programs on forest management and the wood processing industry, the need to obey forest and natural resource laws, and the consequences of violating the laws;

• senior officials at all levels of government shall promote the government’s direction that forest conservation and rehabilitation is the country’s primary forest management objective, and that harvesting and use must take second place to resource sustainability;

• the approved timber harvesting plan for 2007-2008 sets a harvest volume of 150,000 m3, apportioned as follows: 20,340 m3 for domestic needs, 57,560 m3 for infrastructure and government debt, 57,560 m3 for wood processors and 14,540 m3 in reserve;

• MAF must develop and pilot projects for the participatory management of protection and conservation forests;

• a process must be establish to control and permit proposals for the establishment of domestic and commercial plantations;

• land concession rates must be revised and a process established to monitor and assess the performance of tree and crop concessions and recommend improvements to the system;

• MAF will be the centre of coordination to implement land allocation programs to reduce or prevent slash and burn cultivation;

• all aspects of the wood stream - timber harvesting, transport, trading and processing - shall be subjected to rigorous compliance monitoring and law enforcement through increased check-points, and increased patrols and inspections;

• wood harvesting will be allowed in PFAs only where an inventory has been conducted and an approved sustainable forest management plan is in place – where these conditions are not met, harvesting is strictly prohibited;

• MOIC must expedite the program for rationalizing the capacity of the wood processing industry; and

• MAFF must strengthen its commitment to enforce all aspects of forest and natural resource law, and prosecute those who carry out illegal acts.

Wildlife and Aquatic Animal Law (N0. 07/NAS, Vientiane, 24/12/07).

This new act, to be administered by MAF, covers a whole range of activities and issues relating to wildlife management and use including the:

• definition of various categories of wildlife to establish protection and management priorities;

• development of wildlife inventories, information management systems, species and habitat management plans, and research and education programs;

• regulation of zoos and captive breeding programs;

• regulation of recreational and subsistence hunting, wildlife trade and other forms of wildlife use;

• definition of the rights and obligations of wildlife users;

• description of illegal and prohibited acts;

• roles and responsibilities of management agencies within MAF, DOF, PAFO and DAFO;

• roles and responsibilities of MAF agencies in compliance monitoring and inspections and enforcement of the law and regulations; and

• range of penalties (fines and court prosecution) for regulatory violations.

NOTE: A satisfactory translation of this law is not yet available

Forestry Law (No. 06/NAS, Vientiane, 24/12/07).

This new law supersedes the Forestry Law 13/NA of 9/11/2005. It is organized in the following XII chapters.

Chapter I: General Provisions

Chapter II: Forest Categories

Chapter III : Forestry Activities

Chapter IV:. Forestland

Chapter V: Scope Of Preservation And Development

Chapter VI: Rights And Obligations Of Natural Forests, Forest Plantations And Forestland Users

Chapter VII: Prohibitions

Chapter VIII: The Management And Inspection Of Forest And Forestland Areas

Chapter IX: Settlement Of Conflicts

Chapter X: National Arbor Day, Uniform, Logo And Seal

Chapter XI: Rewards For Persons With Outstanding Performance And Measures Against Violators

Chapter XII: Final Provision

Chapter I: The objective of the law is to define the basic principles, regulations and measures on inventory, management planning, sustainable management, protection, development and utilization of forest resources and forest land. Natural forests are the property of the national community as represented by the government. Use can be allocated to individuals or organizations in accordance with established regulations. Conservation and maintenance of forest resources for watershed protection, biodiversity, forest services and the livelihood of local peoples is the primary objective of sustainable forest management.

Chapter II: Categories of forest land are defined as: Protection Forest (watershed, soils, environmental services). Conservation Forests (biodiversity); and Production Forests (timber and non-timber resource production).

Chapter III: Defines and describes approved forestry activities, which include forest inventories, zoning, classification, planning, regeneration, development, management, environmental resource protection, biodiversity conservation and harvesting of wood and non-wood products.

Chapter IV: Defines in detail the management, preservation and utilization of forest land.

Forest land in Lao PDR is classified into three (3) categories for the purpose of management: Protection Forest land, Conservation Forest land and Production Forest land. These 3 categories of forestlands cover of the regeneration forestland, dry forestland, degraded forestland or barren forestland and village use forestland.

The chapter defines also the Development of forestland. The Ministry of Agriculture and Forestry is authorized to develop forestland by creating a coordination mechanism between sectors concerned, local administration authorities and all parties in the society including people to take part in forestland development by formulating policies, methods and measures related to preservation, improvement and rehabilitation of land to be in better condition with higher values and maintaining a healthy forest ecosystem.

Forest utilization is regulated according to the Categories of forestland utilization. Forestland utilization in the Lao PDR is divided into three categories: utilization for public benefits, utilization for households, and utilization for business operations.

The chapter further defines procedures regarding conversion and lease of forest land.

.

Chapter V: Defines scope of preservation and development of forest at the central, local and household level, including articles defining allocation of forest land, and ownership of forests and trees.

Chapter VI: Defines the rights and obligations of users of forest resources and forest-land and the conditions under which such rights may be revoked or terminated.

Chapter VII: Defines activities and measures which are prohibited including prohibited acts by civil servants and forestry officers such abuse, bribery, and prohibited behaviour by businessmen and organizations and public.

Chapter VIII: Establishes the organization for management and inspection of forest land and defines the respective roles, responsibilities and qualifications of MAF, DOF, PAFO, DAFO, VFCs, forest inspection organization (Note: later to become DOFI).

Chapter IX: Settlement Of Conflicts

Chapter X: Defines on National Arbor Day, Uniform, Logo And Seal.

Chapter XI: Defines rewards, measures against violators, educational measures, disciplinary measures, fines, civil measures, and penalties

.

Chapter XII: This law replaces the Forestry Law, No. 13/ NA, dated 9 November 2005.

3.2 Roles and Responsibilities for SUFORD-AF Implementation

Several recent administrative changes have been effected by the GOL that will influence and facilitate SUFORD-AF project implementation. In summary these changes are as follows (SUFORD-AF 2008a).

• Project implementation will be the responsibility of: Department of Forestry (DOF) through the National Project Office (project coordination and management, procurement, financial management, and monitoring and reporting) at the national; Provincial Forestry Sections (PFS) in PAFOs at the provincial level; and DAFO/DFMUs at the district level. The PSF will be under the direct supervision of DOF.

• DOF will coordinate and facilitate the constructive participation of the other implementing agencies: Department of Import and Export of the Ministry of Commerce and Industry (MOIC), and NAFES.

• PFS will be responsible for coordinating inventory, planning management and development of PFAs.

• DAFOs will continue to be the core organization responsible for operational implementation of PSFM activities.

• NAFES will continue to provide national level guidance, support and training to village development activities and exercise an oversight function through its Rural Development Division. Responsibility to deliver technical and support services to, and provincial oversight of, VD field implementation will be transferred to the Planning Section of PAFO (because PAFES is no longer operational). DAFO will provide on-the-ground technical assistance to local people in village development.

• MOIC authorizes the operation and establishment of finished wood processing facilities on the basis of confirmation of the level of sustainable wood supply by MAFF. MOIC governs the activities of the commercial forest sector and will be responsible for rationalizing processing capacity with current and long-term sustainable wood supply. In terms of SUFORD, MOIC has the responsibility for timber pricing and for establishing and administering the competitive bidding system for logs at the second landing.

• The Department of Forest Inspection (DFI) and the Provincial Forest Inspection Services have the responsibility to enforce forest laws and regulations through monitoring and inspection of timber harvesting operations, log transportation activities and timber processing facilities. DFI works closely with police, customs services, the army, state prosecutors and the courts to detect forest crime and punish violations.

• External organizations collaborating with DOF in the PSFM process are the Lao Woman’s Union (LWU), Lao National Front for Reconstruction (LFNR), Lao Wood Industry Association and the Faculty of Forestry, National University of Laos.

3. THE ENVIRONMENTAL AND RESOURCE MANAGEMENT SETTING IN THE NEW PROJECT AREAS

3.1 Environmental Conditions

Topography

Lao PDR comprises three major physiographic units: the Northern Highlands; the foothills and mountains of the Annamite Range; and the lowlands of the Mekong Plain. The existing SUFORD PFAs primarily occupy the Mekong lowlands, encroaching only marginally into the lower Annamite foothills in eastern Salavan. Of the FMAs proposed for SUFFORD-AF, those in the north-central provinces Vientiane (Nongpet Naxeng and Phouvouy) and Xayaboury (Phouphadam) occur in the Northern Highlands while those in the southern provinces Attapeu (Banvilay, Nampa Houyi), Sekong (Huay Pen), and Bolikamxay (Paxang and Pakbouak) occur in the complex topography of the Annamite foothills.

The Northern Highlands consist of rugged hill topography ranging generally between 400 and 2000 m in elevation, with a few isolated peaks over 2000 m. Most of the main massifs, containing the highest peaks, are in the southern part of the region. Elevations in the project areas range from 400 to 700 m, with peaks up to1200 m in Xayaboury, and 450 to 750m with heights up to 1750 m in Vientiane. All project areas in the northern highlands drain to the Mekong River.

The Annamite foothills consist of rolling uplands between 200 and 600 m elevation, which form the transition between the Mekong lowlands and the higher Annamite mountains and plateaus. Elevations in project areas vary between 300 and 600 m with occasional heights to 1300 m in Attapeu and Sekong, and from 500 to 700, with occasional heights to 1600 m in Bolikhamxay. These uplands are dissected by Mekong tributaries flowing westward from the mountains.

Geologic formations in both areas include sandstones and siliceous mudstones and siltstones, with scattered inclusions of acidic metamorphic rocks (schist and gneisses) and calcareous lime stones.

Climate

Tropical monsoon climates generally occur between 100 C and 220 C of the equator and dominate large parts of Indochina, including all of Laos. The distinct seasonality of the climate is caused by moist, warm, tropical maritime air masses flowing on-shore at times when the sun is overhead, and dry continental tropical or sub-temperate air masses flowing off-shore at times of the year when the sun is lower in the sky. The annual passage of the sun back and forth between the Tropics of Capricorn and Cancer determines the timing of rainy and dry seasons. Thus in Laos, the maritime, southwest monsoon brings rain from mid-April to October and the continental, northeast monsoon brings dry conditions from November to March. Total annual rainfall in Laos varies from over 3000 mm on windward slopes of the Bolaven Plateau and Annamite Mountains in the south to less than 1500 mm in the more arid lowlands of northern and central areas, depending on location, elevation, and mountain "rain-shadow" effects. Lowlands of the project area generally receive 2000-3000 mm annual rainfall with a 4-5 month dry season, while uplands receive 2500-4000 mm with a 2-3.5 month dry season. Temperatures at low elevation vary little throughout the year with mean annual maximums between 30-320 C and mean annual minimum temperatures between 20-220 C. Upland and mountain are cooler, with mean temperatures decreasing with elevation by about 0.60 C per 100 m.

Soils

The following section provides a simple and brief overview of the dominant soil orders and some of the important sub-orders occurring in and around SUFORD-AF project areas. For simplicity in the following discussion, soil orders are shown in bold, sub-orders are underlined and other synonymous names are shown in (brackets).

Ancient, highly weathered, acid, infertile soils: Ultisols

Ultisols (acrisols, red-yellow podsols) are the dominant red-yellow soils of humid, tropical Asia, generally derived from acidic or neutral sedimentary and metamorphic rocks, and comprising the vast majority of soils currently remaining under lowland forest cover in the region. Physical properties are generally good, but chemical properties are very poor and include: low pH; aluminum toxicity; deficiencies of phosphorus, potassium, calcium, magnesium, sulphur, zinc and many micro-nutrients; and low cation exchange capacity (which means they have a high leaching potential). They are deep, friable, well-drained soils with a marked increase in clay content with depth and are extremely susceptible to erosion.

Youthful soils: Inceptisols and Entisols (Regosols)

Inceptisols are young soils of sufficient age to have developed distinct A, B and C horizons through leaching. The two most common sub-orders of Inceptisols in project areas are likely to be Andepts and Tropepts. Andepts (Andosols, Volcanic Regosols) are derived from volcanic ash. They generally have excellent fertility (especially calc-alkaline volcanics) and physical properties. Throughout the region they have been converted to permanent agriculture, on all but the steepest slopes. Tropepts (Cambisols, brown forest soils) are well-drained soils that usually occur either at higher elevations or in areas with a distinct dry season, and thus have higher fertility because they have not been subject to the same degree of leaching and nutrient loss as soils in hotter, perhumid climates. Many of these soils have been converted to agriculture wherever slopes are favorable: for subsistence, rain-fed production (upland rice, maize and millet); for intensive agriculture where irrigation is feasible; or for perennial tree-crops.

Entisols are soils of such recent development, or continuing deposition, that they do not show any significant vertical differentiation. The most important regional sub-orders of Entisols are Fluvents and Orthents. Fluvents (Fluvisols) are well-drained, actively-accreting alluvial soils not subject to water-logging or prolonged inundation. They are the most highly productive soils in the tropics along with Andepts, and are important both to agriculture and in supporting riparian gallery forests that are critical food sources for native stream and river fish. Orthents (Lithosols) are shallow colluvial soils on steep slopes derived from bedrock weathering. Depending on the nature of the underlying bedrock they can be quite fertile, however, their shallowness, steepness, erodibility and droughtiness constrain their productivity. They have been successfully and sustainably farmed for centuries under low intensity traditional swidden farming systems.

Soils with high base status: Alfisols and Mollisols

These three orders contain soils of moderate to good fertility that are high in bases such as calcium and magnesium. Alfisols (Luvisols, Eutric Nitosols, Altisols, Terra Roxa) are soils derived from the long weathering of older, base-rich rocks. They are deep, well-drained, red-yellow soils that look much like Ultisols in appearance but, because of their high base-status, are neither acidic nor infertile. They often cannot be distinguished from Ultisols except by chemical analysis, but are known and valued by indigenous cultivators. Mollisols (Chernozems, Rendzinas) are fertile soils, similar to temperate grassland soils that are usually associated with limestone rock formations. Productivity is limited by shallowness, steepness and erodibility.

Laos has considerable soil variation, spanning an array of soil types that have vastly different inherent productivity and capacity to respond to cultural inputs. Some are amenable to sedentary agriculture while others are not. In particular, the dominant soils of the tropics, such as those derived from ancient, neutral to acidic sedimentary and metamorphic rocks, are not capable of sedentary agriculture without serious site degradation and disruption to indigenous food security. These soils have been farmed sustainably for centuries by traditional rotational agricultural systems, many of which are environmentally sound and ecologically appropriate. The focus of improved agriculture on such soils should not be on curtailing rotational cultivation. Rather the emphasis of land use planning, zoning and allocation should be on:

• ensuring adequate land zonation for agriculture to allow safe, sustainable rotations (minimum 7-10 years);

• incremental improvements to agricultural practice to moderate the length of the fallow recovery period and improve residual fertility (thus reducing the total amount of land needed); and

• low-intensity perennial cropping for food, fodder, NTFPs and cash crops on land under fallow.

The one country in the world that has made major progress in building on the inherent strengths and knowledge of traditional, upland, rain-fed, swidden agriculture is Mexico and there is much that could be learned in Southeast Asia from a closer examination of the Mexican experience.

Major Forest Zonation

Many of the project areas (existing and new) have high significance for terrestrial ecosystem conservation because of significant forest diversity. Lowland rainforests are the most threatened forests in Laos (and most of Southeast Asia), due to their easy conversion to permanent agriculture, and their accessibility for logging, huntings, NTFP extraction, and road-construction. FIPD land classification maps show that the original SUFORD project areas contain a mix of lowland semi-evergreen forest, dry Dipterocarp and riverine wetlands, while the proposed SUFORD-AF project areas are dominated by mixed deciduous forest, dry Dipterocarp forest, and savanna forests at lower elevations and Lower Montane forests on upper slopes. Three of these habitats are weakly represented in the Lao NBCA system: semi-evergreen, dry dipterocarp and wetlands [Berkmüller, 1995]. They are priorities for conservation and wise management wherever they occur in project areas. The most important are the semi-evergreen forests and wetlands, but dry Dipterocarp (along with mixed deciduous) forests are becoming a priority because of the mistaken impression that they are “degraded” and thus candidates for conversion. The following section presents a brief description of major forest formations in SUFORD and SUFORF-AF based on nomenclature employed by Whitemore [1990] and Rundel [2001].

The boundary between evergreen and semi-evergreen rainforest is difficult to delineate and thus most forest statistics lump the two. However, there are important ecological differences. Lowland evergreen rainforest is the most luxuriant and complex of all plant communities. The main tree canopy regularly achieves a height of 45 m or more. These forests are characterized by tremendous species diversity, often containing as many as 10,000 plant species and 1500 genera. True evergreen rainforest in Laos is confined to escarpments of the Bolaven Plateau and windward slopes of the Annamite mountains; areas with over 2500 mm of precipitation annually and a 1-2 month dry season. These forests are dominated by the family Dipterocarpaceae, the most common genera of which are Shorea, Dipterocarpus, Anisoptera, Hopea, and Vatica. Semi-evergreen rainforest occurs as a transitional belt between evergreen rainforest and seasonal (monsoon) forests (see below). It occurs in areas of the Mekong lowlands and uplands with annual rainfall between 1400 and 2600 mm and a 2-5 month dry season. There is somewhat less species diversity, a slightly more open canopy and a somewhat smaller stand structure than in evergreen rain forests. In addition to the Dipterocarp genera noted above, deciduous trees such as Walsura, Lagerstroemia, Irvingia and Koompassia may comprise up to one third of the upper canopy, and the lower canopy may contain genera normally characteristic of drier forest formations such as Albizia, Pterocarpus, Dalbergia, Diospyros, Sindora and Tetrameles. Semi-evergreen rainforest constitutes the richest lowland forests in the current SUFORD PFAs.

Seasonal forests, or monsoon forests as they are more commonly known in Asia, are more or less open-canopied formations growing in areas with a distinct dry season (usually more than three months with rainfall less than 60 mm) and generally at elevations below 800 to 1000 m. Distinct dry seasons may be the result of either macro-climatic air movements or topography where "rainshadows" occur in the lee of mountains. Different formations occupy habitats of increasing drought severity, but there is a complex interaction between local variations in rainfall, soil moisture and soil texture. This mosaic of ecosystems has been made even more complex by the actions of human cultivation, livestock grazing and regular, usually anthropogenic, fire. In fact, fire has exerted such a dominant, historic influence over the composition and structure of many of these forests that they are often termed “fire-maintained” forests. For purposes of this discussion, monsoon forest will be considered to fall within three broad types: mixed deciduous forest, dry Dipterocarp forests, and savanna woodlands. These may be artificial differentiations, since there does not always seem to be well-recognized boundaries between the three types. Nor is it often possible to separate climatic climax monsoon forest from fire-maintained edaphic climax forests or degraded forests. This creates significant interpretive problems in forest-change mapping programs.

Mixed deciduous forest occurs in areas with fairly high rainfall (> 1,500 mm annually) but with a strong dry season of 4-5 months. It is semi-closed forest, often of good height (30-40 m), in which the upper story is composed largely of deciduous species. A bamboo understory is common, mixed with evergreen shrubs and small trees, though understories are often depleted by over-grazing. The most characteristic tree genera occurring in deciduous forest include Acacia, Afzelia, Albizia, Caesalpinia, Cassia, Dalgergia, Diospyros, Irvingia, Lagerstroemia, Pterocarpus, Sindora, Terminalia, Xylia, and Dipterocarps such as Shorea, Vatica and Dipterocarpus. Certain Dipterocarp species such as Dipterocarpus alatus and Hoopea odorata may be present in riparian areas along stream courses. This formation comprises the overwhelming majority of potentially harvestable forests in the SUFORD-AF PFAs.

Dry Dipterocarp forests are characteristic of lowland areas with annual rainfall of ................
................

In order to avoid copyright disputes, this page is only a partial summary.

Google Online Preview   Download