Sabah TLAS Audit Report

Transcription

1 Sabah TLAS Audit Report Sabah Legality Standard Principles 1 4 Licensee Borneo Sulaman Cove Sdn. Bhd. Reference # G Contact Person Office Address William Chin (General Manager) Marrynah Matami (Assistant Wetland Manager) Lot 18(F), 3 rd Floor, Beverly Hills Plaza, Jalan Bundusan, Kota Kinabalu, Sabah. Date of Report Date of close out Telephone 08/05/ Fax n.marrynah@gmail.com Approved By Dr. Kevin T. Grace Statements Audit Statement GFS 068 LVS Issuance Date 01 June 2018 Expiration Date 31 May 2019 Assessment Dates May 2018 Scope of Assessment Species Lead Assessor Assessor(s) FDS Staff Assessment Details TLAS Principles 1-4: Class 5, Mangrove Forest Reserve Mangroves Walter Marcus Priera Bagang, Michelle Boyou John A. Gudin (EIS PPD Kota Kinabalu), Justin Lohuji (MCEE Kota Kinabalu), Abdul Latif (PPM Papar) OBJECTIVES: The objective of this checklist is to verify compliance to the Criteria listed in the Sabah Legality Standard as defined by Principles 1-4 for Sabah dated 01 st January 2015 (FDS-TLAS-002). Compliance is defined when all applicable criteria are observed to be compliant. A Minor Gap to any indicator does not constitute non-compliance to a criterion. A Major Gap to any applicable indicator does reflect non-compliance to a criterion. Compliance for a criterion where multiple minor gaps are identified in indicators under the criterion may reflect non-compliance to the criterion. All issues identified under this standard shall be considered appropriate to the scale and degree of forestry operations undertaken by the parties under the agreement. 1

2 Summary Information Overview of Licensee: In 2007, an agreement (SFMLA 02/2007) was signed between Sabah Forestry Department (FDS) and Borneo Sulaman Cove Sdn. Bhd. (BSC) whereby a total of about 488 ha of the Sulaman Lake Mangrove Forest Reserve (SLMFR) were placed under the management of Borneo Sulaman Cove Sdn. Bhd. The management objectives include: conservation, education, recreation, nature based tourism and eco-tourism. This concept follows the policy of Sustainable Forest Management approved by the Sabah Forestry Department. One of the key goals of the BSC s Forest Management Plan (FMP) is to apply for RAMSAR Status for the licensed area. According to the FMP, all destructive and/or unsustainable anthropogenic practices within the licensed area will not be allowed. These practices include, but are not limited to: a. Damage, cutting or collection of any indigenous tree species, especially mangroves. b. The cutting of fronds or collection of fruit of the Nipah palm (Nypa fruiticans). c. All forms of fishing including the collection of marine life. d. All forms of hunting and/ or the collection of any indigenous animal species. The FMP sets out to enthusiastically implement a realistic plan to protect and maintain the existing indigenous habitat and species within the SLMFR area. The FMP includes, but is not limited to the following activities: a. Coordinate with government authorities about SLMFR area matters. b. Education of local communities. c. Forest fire prevention and control. d. Record and restrict the number of visitors to the area. e. Reintroduction of lost species. f. Construction of temporary indigenous animal habitat. g. Patrols to investigate illegal activities in the forest especially encroachment. h. Active pursuit of poachers. According to the FMP, BSC shall make a real effort to enhance the ecological value of the area through an appropriate management works. Some of this may be on a trial basis with an aim to maintain and increase the diversity and abundance of the wildlife in the area. This also includes the establishment of no-go areas within the SLMFR area and the replacement of an appropriate population of the Proboscis monkey (Nasalis larvatus) into the area. The previous assessment was conducted in May 2017 that resulted in 1 Minor Gap and 2 observations (Report #: G a). The table below shows the forest classification areas within the licensed area. Note that the discrepancy between the total size of the forest area (488 ha) and the total value measured above explained in the lakes, waterways, roads, and conflicting titles within the licensed area. Land classification Area (ha) HCV Mangrove HCV Coastal HCV Nipah Degraded Mangrove 2.32 Degraded Coastal Degraded Nipah 1.91 Recovering Mangrove Acacia

3 Cleared Total Environmental Context: The Sulaman Lake mangrove Forest Reserve is situated 35 km north of Kota Kinabalu, Sabah. The licensed area was divided into 2 lots; Lot 1 is located on the north and Lot 2 is located south of the Sulaman Lake Channel. The natural vegetation type is represented by two main forest type; mangrove forest and coastal forest. The mangrove forest can be divided into three categories; succession areas dominated by the mangrove fern, smaller mangrove tree species, and Nipah palm. The coastal forest is typified by Pandanus spp. and Casuarina spp. in the foreshore. The sandy substrate can give rise to swampy condition at low areas with freshwater lenses promoting development of freshwater swamp forest types. Most of the fauna inhabiting these areas are birds such as the stork billed kingfisher and the little egret. Sightings of long tailed macaque and skink lizard were also recorded. Mangrove specific gastropods such as the mud-creeper, mangrove periwinkle, common nerite and red berry snail also inhabit the mangrove area. The river system, which contains high tannin is populated by the large mangrove crab (Scylla tranquebarica), water monitor lizard (Varanus salvator), and various species of fishes. Social Context: This area is surrounded with numerous land titled owned by the locals from the adjacent villages (Kg. Indai, Temunong, Kg. Serusop and Simpangan). BSC has submitted a proposal for a new licensed to FDS, which excludes all titled land parcels and land claimed by the villagers from the licensed area. The local communities depend on the SLMFR Area as a loading point to access to the sea. Some of the villagers rely on the sea for subsistence. Scope of Assessment The scope of the evaluation is to verify compliance of Borneo Sulaman Cove Sdn. Bhd. with the Sabah Forest Management License Agreement (SFMLA02/2007). The assessment is in accordance on the terms of the agreement for the Sabah Legality Standard Principles 1-4 dated 01 st January 2015 (FDS-TLAS-002). Site evaluation to verify and report the level of compliance by by Borneo Sulaman Cove Sdn. Bhd. and contractors to the standard in respect to each of the criteria within this report. Compliance is defined when the auditee demonstrates that the indicators consist of none or only minor gaps against any applicable criteria of the standard. Non-compliance to the Sabah Legality Standard occurs when the auditee does not demonstrate adequate compliance to a criterion. Itinerary of Assessment Date 07 May 2018 Monday 08 May 2018 Tuesday Activity Opening meeting at FDS Kota Kinabalu district office. Field assessment to Borneo Sulaman Cove, Tuaran: Site visit to licensed boundary, nursery, planting area, and office. Field assessment to FIIB project area (Papar): Site visit to licensed boundary, stumping, operation area and documentation. 3

4 Itinerary of Assessment 09 May 2018 Wednesday 10 May 2018 Thursday 11 May 2018 Friday Public Holiday (General Election 14). Public Holiday. Public Holiday. Highlights of Assessment (Major Gaps = 0; Minor Gaps = 1; Observations = 0) Borneo Sulaman Cove Sdn. Bhd. has complied with the Sabah Legality Standard (FDS-TLAS-002) as no non-compliance was identified during the assessment on 07 May Summary of status of operations by Principle: Principle 1. An agreement (SFMLA 02/2007) was signed between Sabah Forestry Department and Borneo Sulaman Cove Sdn. Bhd. whereby a total of about 488 ha of the Sulaman Lake Mangrove Forest Reserve (SLMFR) was placed under the management of Borneo Sulaman Cove Sdn. Bhd. (BSC). This agreement expires on 25th July BSC has an approved Forest Management Plan valid until 31 st December th May 2018: Observation Checklist The company has developed a revised draft FMP that has yet to be submitted to FDS for approval. Principle 2. The licensed area is designated for conservation, research, education and eco-tourism purposes. There is no relevant requirement for BSC to carry out environment impact assessment for the licensed area. 7 May 2017: Observation Checklist No system implemented by BSC in regards to security and control access to the licensed area. 8 May 2018: Gap 005/2018 (Raised to Minor) - Checklist BSC has not taken action to establish a system to control access to the licensed area. Principle 3. Borneo Sulaman Cove applied for Occupation Permit (OP) for 1.88 ha within the Sulaman Lake Mangrove Forest Reserve (SLMFR) (Ref.#: BSC PHTN(KK)OP.02/11) receipt of payment is available (AM546472). Principle 4. The licensed area is surrounded by numerous land titled owned by the locals from the adjacent villages (Kg. Indai, Temunong, Kg. Serusop and Simpangan). The stakeholders conducted a regular meeting with the adjacent communities and awareness programs is used to educate the surrounding communities about the importance of conserving the licensed area. 4

5 Results: (Compliance = 8; Non-Compliance = 0) Gap raised against indicators & criteria during the May 2018 assessment. GAP Type Checklist Description 005/2018 Raised to Minor BSC has not taken action to establish a system to control access to the licensed area. Status of previous outstanding Gaps. GAP Type Checklist Status Description of Close Out 004/2017 Minor Closed 7 th May 2017: No fire extinguishers or other firefighting equipment were available at the office or other facilities such as the nursery. Observation raised during May 2018 assessment. 8 th May 2018: OBS Checklist Description Two fire extinguishers were available and in good condition with the validity until 14/05/ The company has developed a revised draft FMP that has yet to be submitted to FDS for approval. Highlights of Close Out Visit (if applicable) Dates - Not applicable. Recommendations Borneo Sulaman Cove Sdn. Bhd. has demonstrated compliance with the Sabah Legality Standard (FDS-TLAS-002) for its designated area and is recommended to receive a GFS Audit Statement and STCC from FDS. Gaps/observations identified in this assessment should be addressed before the next surveillance visit. Action required to close the gaps/observations include: Gap 005/2018 (Raised to Minor) Checklist : BSC shall establish a system to control access to the licensed area. Observation Checklist 1.4.3: BSC needs to submit the revised FMP to FDS for approval before the expiration of the current FMP. The next surveillance audit will be scheduled in May End of Summary Report 5