Rules and Regulations Implementing Executive Order No. 664 ( IRR of EO 664 )

September 26, 2008

PHILIPPINE COCONUT AUTHORITY

RULES AND REGULATIONS IMPLEMENTING EXECUTIVE ORDER NO. 664 ENTITLED "ESTABLISHING EMERGENCY MEASURES TO CONTROL AND ERADICATE THE SPREAD AND DAMAGE OF BRONTISPA IN THE PHILIPPINE COCONUT INDUSTRY AND DESIGNATING THE PHILIPPINE COCONUT AUTHORITY AS THE LEAD AGENCY FOR THE PURPOSE"

ARTICLE I

General Provisions

SECTION 1. Period of Emergency. — Pursuant to Section 1 of Executive Order No. 664 effective immediately and until the growth, proliferation and spread of the Coconut Leaf Beetle (Brontispa longissima) is effectively controlled or eradicated, or until such time as may be determined by the Philippine Coconut Authority (PCA) in close coordination with the Bureau of Plant Industry (BPI), nationwide emergency control program, which includes such control and containment measures prescribed in these rules are hereby adopted for immediate implementation.

SECTION 2. Definition/Description of Terms. —

Biological Control — a control measure that utilizes natural enemies to regulate pest population keeping it below damaging levels

Boled Palm — a planting material usually bigger than a seedling, boled or uprooted with the soil around the roots intact and intended for transplanting

Brontispa longissima (Gestro) — scientific name of the coconut leaf beetle

Calamity — a state of extreme distress or misfortune produced by some adverse circumstances or events or any great misfortune or cause, or loss or misery caused by natural forces such as earthquakes, typhoons, floods, hurricanes, epidemics or other disaster causing widespread loss of, and/or extreme damage to human lives, livestock, crops and property

Coconut Leaf Beetle/Coconut Hispine Beetle/Brontispa — common names of all leaf-scraping beetles including B. longissima under the sub-family Hispinae of the Coleopteran Order Chrysomelidae with CLB or CHB as abbreviations

Contact Insecticide — an insecticide that must come in contact with the target organism in order to be effective ITDSAE

Control/Contain — a measure aimed at reducing significantly the population and occurrence of a pest

Copra — dried meat or endosperm of a coconut which serves as raw material for the extraction of coconut oil (CNO)

Emergency Control — a measure or set of measures urgently implemented to abate the spread and proliferation of a very dangerous pest

Endemic Pest — a pest naturally occurring in an area

Eradication — a control measure meant to totally eliminate pest population(s) in an area

Exotic Pest — alien pest

Germinated Seednut — a seed that has grown into a small plant and usually showing a small shoot or a shoot with a small leaf sheath

Host Plant — a plant that harbors the pest; normally, the pest feeds and reproduces on it

Importation — an activity that brings foreign commodity into a country

Infestation/Infested — manifest occurrence of a pest with usual signs of damage; it may be sporadic (scattered, patched, unevenly distributed, occurs irregularly in a long path); pocket (relatively isolated), or contiguous (widespread in a given area)

Invasive Pest — usually an exotic pest introduced in a foreign land and rapidly attacks host crops causing significant damage

Law Enforcement — activities prescribed to implement policies like trade regulations and quarantine

Muscardine Fungi — a kind of entomopathogenic fungi that infect insects

Natural Enemy — any organism that prey on another; it may be a predator, pathogen or parasite/parasitoid

Planting Material — a seed, slightly germinated seed or seedling of a plant

Quarantine Measure — a set of procedures designed to confine pest infestation, prevent and control its spread, and eradicate it whenever/wherever feasible as stipulated in P.D. 1433 DAcaIE

Systemic Insecticide — an insecticide introduced and translocated into the system of a plant so that the target pest will be able to ingest it and enabling the pesticide to take its effect

Trunk Injection — applying systemic insecticide by boring holes pouring the solution in it and plugging the holes in the trunk of a palm

SECTION 3. Coverage of Emergency Control Measures. — The emergency program and control measures shall be applied nationwide with priority to the following areas and provinces initially declared pursuant to BPI Administrative Order No. 03, Series of 2005, as amended by BPI Administrative Order No. 01, Series of 2007:

i.	NCR (Quezon City, Manila, Makati, Pasig, Taguig, Pasay, Parañaque, Caloocan, Valenzuela, Malabon, Marikina, Muntinlupa, Las Piñas, Mandaluyong);
ii.	Ilocos Norte (Mun. of Pagudpud, Carmen, Bangui, Burgos);
iii.	La Union (San Fernando City)
iv.	Pangasinan (Urdaneta City, Mun. of Labrador, Sual, Alcala, Villasis);
v.	Cagayan (Tuguegarao City)
vi.	Isabela (Mun. of Alicia)
vii.	Nueva Viscaya (Mun. of Sta. Fe, Aritao, Dupax Sur);
viii.	Pampanga (San Fernando City, Mun. of Sta. Ines);
ix.	Zambales (Subic);
x.	Bulacan (Malolos City, Mun. of Bulacan, Balagtas, Baliuag, Bocaue, Guiguinto, Plaridel, San Rafael, Marilao, Meycauayan, Obando, Pulilan);
xi.	Nueva Ecija (Cabanatuan City, Mun. of Pantabangan, Caranglan, San Leonardo, Rizal);
xii.	Tarlac (Tarlac);
xiii.	Aurora (Mun. of Ma. Aurora, Baler, Dinalungan, San Luis);
xiv.	Laguna (Mun. of Calamba, Los Baños, Calauan, Bay, Victoria, Liliw, Sta. Rosa, Biñan, Nagcarlan, San Pablo City, Alaminos, Pangil, Pakil, Majayjay, Pila, Sta. Cruz, Luisiana, Cavinti, Pagsanjan, Magdalena, Mabitac, Kalayaan, Sta. Maria, Lumban);
xv.	Batangas (Batangas City, Lipa City, Tanauan City, Mun. of Santo Tomas, Taal, Lemery, Calaca, Agoncillo, Talisay, Malvar, Mataas Na Kahoy, Balete, San Juan, Rosario, San Jose, San Vicente);
xvi.	Cavite (Trece Martirez City, Tagaytay City, Mun. of Silang, Gen. Trias, Gen. M. Alvarez, Carmona, Dasmariñas, Imus, Bacoor, Indang, Alfonso, Amadeo, Gen. E. Aguinaldo, Naic, Tanza);
xvii.	Quezon (Lucena City, Mun. of Tayabas, Lucban, Pagbilao, Plaridel, Real, Tiaong, Sariaya, Candelaria, San Antonio, Atimonan, Gumaca, Calauag, Lopez);
xviii.	Rizal (Pililla, Tanay, Antipolo, Taytay, Jala-Jala, Teresa, Binangonan);
xix.	Palawan (Puerto Princesa City, Mun. of Bataraza, Brooke's Point, Balabac, Rizal, Quezon, Aborlan);
xx.	Albay (Legaspi City, Mun. of Daraga, Camalig, Oas, Guinobatan);
xxi.	Camarines Sur (Naga City, Mun. of Libmanan, Ragay, Lupi, Sipocot, Pasacao, Pamplona, Minalabac, San Fernando, Bonbon, Magarao, Calabanga, Pili, Milaor, Bula, Ocampo, Tigaon);
xxii.	Camarines Norte (Mun. of Daet, Sta. Elena, Mercedes, Talisay);
xxiii.	Sorsogon (Sorsogon City, Mun. of Casiguran, Magallanes, Barcelona, Bulusan, Juban, Irosin, Matnog, Gubat);
xxiv.	Iloilo (Iloilo City, Mun. of Sta. Barbara, Cabatuan, San Miguel, Alimodian);
xxv.	Aklan (Boracay Island, Mun. of Malay);
xxvi.	Guimaras (Mun. of Nueva Valencia);
xxvii.	Bohol (Mun. of Dauis, Tagbilaran, Panglao, Baclayon, Alburquerque);
xxviii.	Eastern Samar (Mun. of Mercedes, Borongan, Giporlos, Salcedo);
xxix.	Northern Samar (Mun. of Allen, Capul, San Antonio, Lavezares, Victoria, Catarman, Bobon, San Jose, Biri);
xxx.	Samar (Mun. of Paranas, Gandara, Calbayog City);
xxxi.	Leyte (Tacloban City, Ormoc City, Mun. of Valencia);
xxxii.	Zamboanga Sur (Zamboanga City, Brgy. Cabatangan, Pasonanca, Montecino Drive/Sta. Maria);
xxxiii.	Bukidnon (Malaybalay City, Mun. of Lantapan, Bukaug);
xxxiv.	Davao (Davao City, Mun. of Buhangin, Talomo, Tugbok, Langub, Maa, Magtuod, Catalunan Grande, Matina Pangi, Waan, Matina Biao, Tigato); and,
xxxv.	Tawi-Tawi (Island Mun. of Mapun).

Other areas that may be declared infested in the future by PCA in coordination with BPI shall be automatically included in the scope and operation of the control program.

SECTION 4. Notice to Local Government Units. — These Rules, upon its promulgation, shall serve as Notice [to all Governors, Mayors and barangay Chairpersons and their respective Disaster Coordinating Councils, of the declaration of the presence of the invasive pest for purposes of declaration of local state of calamity and the corresponding coordination, assistance and implementation of the emergency measures mandated by E.O. 664 and these Rules.

SECTION 5. Determination of Brontispa-Free Area. — Any of the above-listed areas may be declared by BPI as Brontispa-free after effective eradication and thorough survey by PCA and the affected Local Government Unit. IDcAHT

Manifestations of effective eradication:

a. Emergence or growth of new undamaged frond at least a month after treatment.

b. No stage of the beetle is present in the unopened fronds.

c. No more recurring or new infestation in the area.

SECTION 6. Determination of Effective Control/Management of the Beetle. — In widespread infestations, eradication is no longer possible. The coconut leaf beetle can be declared only as effectively managed or controlled on the following bases: (1) average damage on frond per tree after treatment no longer goes beyond 10%, (2) average beetle population is at minimum of 5-10 per tree or lower, (3) natural enemies are well-established and sufficient to regulate beetle population, and, (4) these observations are consistent in a three-year period. EaICAD

SECTION 7. World Distribution of Coconut Leaf Beetle (CLB) Brontispa Longissima. — For purposes of quarantine measures and regulations in the entry of coconut materials, palms and ornamental palm plants infested by Brontispa, the following source countries based on validated international report are hereby declared as inimical source of Brontispa longissima.

i) China (Guangdong Province, Hainan Islands, Hongkong)

ii) Taiwan

iii) Maldives

iv) Lao-PDR

v) Malaysia

vi) Myanmar

vii) Thailand

viii) Cambodia

ix) Indonesia

x) Singapore

xi) Vietnam

xii) American Samoa

xiii) French Polynesia TAcCDI

xiv) Nauru

xv) New Caledonia

xvi) Northern Marianas

xvii) Papua New Guinea

xviii) Samoa

xix) Solomon Islands

xx) Vanuatu

xxi) Wallis and Futuna

xxii) Western Samoa

xxiii) Australia (Queensland, Northern Territory)

xxiv) Fiji

xxv) Guam

xxvi) Tahiti

SECTION 8. Determining Pest Presence. — In determining the presence of Coconut Leaf Beetle in any establishment (e.g., plant nurseries, plant garden, seed farms) or locality, the primary factors to be considered are the following:

(a) the physical withering or drying of the young leaves or fronds of coconut and other palm species,

(b) physical or verified report of B. longissima infestation in the area, and

(c) collection and identification of pest specimen by an expert.

ARTICLE II

Preventive Measures through Information Dissemination

SECTION 9. The PCA, DA, BPI and LGUs shall effectively cooperate to determine affected and threatened areas throughout the country. In order to minimize expenses on costly surveys, massive information campaign through print and broadcast media, widespread distribution of Information-Education-Communication (IEC) materials and conduct of seminars and trainings shall be undertaken to educate and warn stakeholders, establish an efficient feedback mechanism to cut such costs and enable quick action to eradicate pocket CLB infestations. ETDSAc

SECTION 10. Other stakeholders should assist in the dissemination of information about the pest, how to control it and prevent its further spread.

SECTION 11. PCA shall lay down in all localities a network of action teams consisting of all willing stakeholders that shall link together to exchange information about the pest and feedback such information to the PCA field units. The highest local PCA unit shall in turn report CLB occurrences to the head office.

ARTICLE III

Prohibitions and Restrictions

SECTION 12. Prohibitions. — During the period of the emergency or until such time as may be determined by PCA in accordance with Section I of the Rules, the following acts shall be strictly prohibited:

(a) Importation or entry in any part of Philippine territory of coconut planting materials in the form of seed nuts or seedlings and any other palm species by land, water, sea or air for commercial, research, domestic or household use without an application to import approved by the Philippine Coconut Authority under the Rules.

(b) Domestic transport or movement of coconut planting materials and other palm species, or any product or part thereof, which harbors or are likely to harbor Brontispa without an application to transport duly approved and a permit thereof issued by Philippine Coconut Authority.

SECTION 13. Exemptions. — The prohibited activities in the preceding Section shall be allowed only in the following cases:

(A) Importation of coconut planting materials of whatever kind or form upon compliance with the following requirements and conditions:

(i) the country of origin shall file with the PCA copy furnished the BPI an application for the recognition and accreditation of the source country as a pest-free and providing sufficient scientific proof and evidence thereof;

(ii) PCA and BPI shall review the application and determine whether the applied area meets the conditions for pest-free area based on International Plant Protection Convention (IPPC) standard; aIEDAC

(iii) A declaration of accreditation of pest-free area shall be issued by BPI with concurrence by PCA;

(iv) A BPI Plant Quarantine Clearance issued after the accreditation of pest-free area following P.D. 1433 and inspection of the commodity upon its entry to the importing country;

 Nothing in these Rules shall prevent the PCA and BPI from detaining, confiscating, destroying or otherwise ordering the return of any imported coconut planting materials found at any port of entry or disembarkation which have not complied with the foregoing requirements, or when such imported commodity evidently show, by visual or sensory examinations, manifestation, traces, or presence of Brontispa.

(B) Importation of germinated oil palm seeds, provided that the seeds are only slightly germinated with no leaf sheath and the requirements and conditions in the existing BPI Regulations are complied with;

(C) Importation of ornamental palm plants and other palm species, provided that the BPI shall have ensured compliance with the requirements and conditions in the same preceding paragraph;

(D) Domestic transport or movement of coconut and oil palm planting materials and fronds from any local source or origin by land, air, or sea, to any non-infested area of the country and only after the issuance of a Permit to Transport exclusively by the Regional Manager or the duly designated Provincial Coconut Development Manager of the PCA stationed at the place of origin;

 Permit to Transport may be issued only upon the satisfaction of the following conditions:

(i) Application of Permit to Transport filed by the owner of the material or the transport operator with the preceding offices, stating the nature of the materials to be transported, address of source or origin including farm, nursery, seed or plant garden, or distributor, whether commercial or private, volume of material in pieces, mode of transportation, name and address of consignee.

(ii) After evaluation and inspection, if necessary of the application, and confirmation that the planting materials are free of Brontispa pest, without prejudice to the exercise of the similar requirements and obligations enumerated in sub paragraphs (A) iv of these Rules. SEcAIC

(iii) For plant and plant products other than coconut and oil palm, the owner or transport operator shall obtain a BPI Quarantine Clearance pursuant to existing Quarantine rules.

(E) Domestic transport of ornamental and other palms shall be permitted provided that clearance is obtained from the BPI attesting that the commodities have undergone quarantine procedures at source.

ARTICLE IV

Emergency Control Measures

SECTION 14. To provide an immediate and effective control measures to affected areas mentioned in Section 2, the PCA, following its Technoguide, shall judiciously apply the following treatments taking into consideration the effect of the treatment to the palms, human health and the environment:

A. Applying through trunk injection of systemic, spraying with contact (inorganic or botanical) or dusting of powdered insecticides duly approved by/registered with the Fertilizer and Pesticide Authority (FPA).

B. Spraying of small palms less than four (4) years old with muscardine fungi in quarantined areas, infested sites near bodies of water, rice fields, wells, human and animal habitations, feeding grounds and pens, and such other areas susceptible to the breeding of CLB.

C. Dusting of copra and other coconut food products and raw materials with diatomaceous earth.

D. Where appropriate, PCA shall employ any treatment (e.g., Spraying, dusting) to transport carriers and cargoes prior to movement of coconut and other palm materials specifically;

i. On site or source such as farms, nurseries, seed or plant gardens and other stations or establishments used to stock, store, or display the plant materials, or planting materials to be transported (such as fronds and leaflets, seedlings, boled palms and such other parts of the palm, which are possible carriers of the pest), and

ii. Intermediate Quarantine areas such as those identified by BPI-PQS (i.e., post-entry/pre-transport holding facilities)

iii. Storage facilities such as copra bodega, warehouses and the like cEDaTS

iv. Transport facilities and equipment like trucks, buses, private vehicles, vans, large containers, cargo/bulk carriers, etc.

D. In addition to the treatment mentioned above, cargoes should be covered with tarpaulin or any similar materials prior to transport.

E. Release of biocontrol agents specifically known and proven to prey on Brontispa longissima.

F. Burning of all positively infested palms and palm parts intercepted at checkpoints.

G. Large palms that are not practical to burn on site shall be treated with contact insecticide first and returned to origin.

H. Where practical, infested frond or leaflet of palms shall be pruned and burned.

In the event of massive infestation as determined by PCA based on the survey conducted and recurrence of infestation in the treated areas and in consonance with the emergency nature of containment program, PCA may procure or enlist the services of a qualified and reputable professional pest control operator.

SECTION 15. Inspection and Registration. —

A. The PCA Regional Managers shall do the following on Coconut and Oil Palm

i) Require the registration of all nurseries, seed gardens and plant gardens distributing commercially seed nuts, seedlings, fronds, planting materials;

ii) Require the registration of persons, entities or operators of facilities/equipment dealing with the transport of planting materials.

iii) Designate and deploy extension or quality control officers as roving inspectors to monitor the proper establishment and operations of the coconut nurseries, seed gardens, plant gardens, and distributors of seed nuts, seedlings and planting materials.

iv) Designated inspectors shall report immediately and directly to the Regional manager, the BPI or law enforcement agency such incidents determined in the course of inspection which requires the immediate application of the emergency measure and quarantine controls as authorized under these Rules. ESHAcI

ARTICLE V

Quarantine Measures

SECTION 16. Quarantine Checkpoint. — The PCA and BPI shall conduct a survey and mapping of places and highways serving as transport route and channel of traffic in the domestic movement of infested materials, and, thereby determine the locations and number of necessary quarantine stations and checkpoints.

SECTION 17. Based on such survey and mapping under the preceding section and upon the recommendation of BPI, the latter shall establish such number of quarantine stations or national checkpoints. The BPI shall enlist the assistance of other law enforcement/regulatory agencies (such as the Bureau of Animal Industry, etc.) that already have their own existing checkpoints. The Bureau Director shall designate sufficient quarantine personnel with authority to enforce quarantine measures including the detention, confiscation, destruction of materials and such other administrative remedies authorized under existing Quarantine Orders promulgated by the Bureau transported materials in violation of the control measures under these Rules. aTcHIC

 

Unless otherwise determined and identified by PCA and BPI, National checkpoints as determined by PCA shall be initially established in the following provinces:

Nueva Vizcaya	1
Benguet	1
Ilocos Norte	2
Ilocos Sur	1
Mindoro	2
Marinduque	1
Bataan	1
Tarlac	1
Romblon	2
Masbate	1
Catanduanes	1
Northern Samar	2
Eastern Samar	1
Tacloban	1
Biliran	1
Southern Leyte	2
Iloilo	2
Aklan	1
Negros Occidental	2
Negros Oriental	1
Cebu	3
Bohol	2
Siquijor	1
Camiguin	1
Bukidnon	4
Davao City	4
Cagayan de Oro	1
Zamboanga City	1
Lanao del Norte	1
Palawan	2
Basilan	1
Tawi-tawi	1
	50
Mobile Checkpoints
Luzon	4
Visayas	2
Mindanao	4
	10

SECTION 18. Role of LGUs. — The Local Government Units as espoused in the Local Government Code of 1991 (Item I Sec. 3 Book I) shall share with the National Government the responsibility in the management and maintenance of ecological balance within their territorial jurisdiction. As such, the LGUs in the provinces, cities, municipalities and barangays where the infestation is reported shall provide the necessary logistic and manpower support for the implementation of the emergency measures. Extension of appropriate resources or financing through complementation of funding especially the use of Calamity Funds in heavily infested areas, shall be undertaken to support general information and educational campaign, establishment and operation of checkpoints, and recruitment of volunteers for deputation as quarantine officers or aides by the Bureau Director. As emphasized also in the same Code (Sec. 17. Basic Services and Facilities), every province must provide "agricultural extension and on-site research services and facilities including prevention and control" of this plant malady. Furthermore, the Chief Executive of localities shall carry-out emergency measures necessary to abate the further spread and multiplication of this pest. aIcSED

ARTICLE VI

Law Enforcement

SECTION 19. In the exercise of their functions under these Rules, the PCA and the BPI shall jointly or individually request the Philippine National Police or any other law enforcement agencies such as the Customs or Port, Maritime Police, Highway Patrols, or Traffic Enforcers of the MMDA to investigate violations of this Rules and to enforce such preventive sanctions against violators in accordance with these Rules. SIcCEA

SECTION 20. Enforcement Coordination. — The PCA and BPI shall notify the Provincial/City/Municipal Police Officers/Stations and other law enforcement agencies and the provincial and City/Municipal mayors to ensure proper and coordinated actions.

SECTION 21. Material Detention. — The law enforcement officers in coordination with PCA and BPI are authorized to conduct investigations, apprehensions, pursuits, confiscation and detention of materials transported in violation of the requirements of these Rules. The PNP shall strictly do the confiscation of materials while PCA and/or BPI shall do the destruction.

No detained or confiscated material shall be destroyed without the recommendation and presence of either the authorized BPI or PCA representative.

All companies engaged in land, water or air transportation shall assist the Director of the BPI or his authorized representatives in the strict enforcement of the provisions of this implementing rules and regulations by not allowing or accepting shipments, conveying or shipping of palm seedlings, plants and any other plant parts capable of harboring the pest.

SECTION 22. In case where resistance is encountered, PCA and BPI personnel shall seek the assistance of PNP and local authorities.

ARTICLE VII

Coordination and Monitoring and Reporting

SECTION 23. Responsibility of PCA. — The PCA through its Regional Managers shall be principally responsible for the formulation of specific programs and projects to implement the nationwide/region-wide emergency control measures to prevent the entry, proliferation, spread or otherwise control and eradicate the invasive quarantine pest of coconut known as Brontispa longissima (Gestro) or Coconut Leaf Beetle.

SECTION 24. The PCA and BPI shall collaborate for the institution of effective chemical disinfectations and biological control measures which includes mass production/rearing of natural enemies such as Metarrhizium sp. and earwigs. EaCSHI

SECTION 25. The PCA Agriculturist or any member of Small Coconut Farmers Organizations (SCFOs) and other PCA-accredited farmers/non-government organizations, shall require into all incidents of perceived violations of the Act and these Rules, by conducting spot-investigations or verifications thereof.

The Barangay Chairman, City or Municipal Mayor or law enforcement agents shall be immediately informed of the incident for their appropriate preventive action.

The PCA Agriculturist shall submit a complete report to the concerned PCDM/Division Chief, copy furnished the Regional Manager.

ARTICLE VIII

Sanctions and Penalties

SECTION 26. Penalties. — The provision on Administrative Penalties under Section 6 of the Executive Order is hereby adopted in toto and declared and integral part of these Rules. IDaCcS

ARTICLE IX

Repealing Clause

All Administrative Order, Memoranda, Circulars and other issuances inconsistent with these Rules and Regulations are hereby modified and repealed accordingly.

ARTICLE X

Effectivity

These Revised Rules and Regulations shall take effect fifteen (15) days after publication in two (2) newspapers of national and general circulation. IHTaCE

Issued this 26th day of September 2008 at Quezon City.

(SGD.) OSCAR G. GARINAdministrator

APPROVED AND CONFIRMED BY the PCA Governing Board in its Resolution 033-2008.

Published in The Manila Times and Manila Standard Today on October 31, 2008.

Effectivity: fifteen (15) days after publication.