HUUSE OF REPRESENTATIVES

RECEIVED
02 AUG 2016

Republic of the Philippines
HOUSE OF REPRESENTATIYES,

Quezon City, Metro Manil RIeISTA TON UNIT
BILLS AN? Nu SERVICE

Seventeenth Congress
First Regular Session

House BILL No,_@361

Introduced By Congresswoman MARIA VIDA ESPINOSA BRAVO.

In consonance with the policy of the State to protect, conserve and regulate the
utilization of the country’s resources, Republic Act No, #1586 or the National Integrated
Protected Areas System (NIPAS) Act of 1992 which was promulgated to help the national
goal.

‘The presence of threatened species shall be the primary consideration in determining
areas for establishment as critical habitat pursuant to Sections 4 and 25 of Republic Act
#9147 (Wildlife Resources Conservation and Protection Act.) further stated, all designated
critical habitat shall be protected in consideration with Local Government Units (LGU’s)
and other concerned groups from any form of exploitation and distraction which may be
detrimental to the survival of the threatened species dependent thereon.

This Bill seeks to provide the policy frameworks and long term mechanism that will
protect this valuable ecological wealth and defer its further deterioration that threatens the
sustainability of these resources and ultimately the survival of the local inhabitants.

In view of the foregoing, the immediate approval of this Bill is earnestly sought.

VIDA ESPINOSA BRAVO.
leprgsentative
irst (1) District of Masbate


Republic of the Philippines
HOUSE OF REPRESENTATIVI
Quezon City, Metro Manila

Seventeenth Congress
First Regular Session

2361

Introduced by Congresswoman MARIA VIDA ESPINOSA BRAVO

AN ACT
DECLARING THE DAMPALIT SEA SNAKE ISLAND AS A PROTECTED AREA
UNDER THE CATEGORY OF WILDLDLIFE SANCTUARY AND CRITICAL
HABITAT, PROVIDING FOR ITS MANAGEMENT AND APPROPRIATING FUNDS
THEREFOR.

Be enacted by the Senate and the House of Representatives of the Philippines in
Congress assembled:

CHAPTER |
Article L--- Preliminary Provisions

Title--This Act shall be known and cited as the “Dampalit Sea Snake
Island Wildlife Sanctuary and Critical Habitat Act of 2016”

TION 2. Declaration of Policy.---The State is mandated under Section 16,
‘Article II of the Constitution to “protect and advance the right of the people to a balanced
and healthful ecology in accord with the rhythm and harmony of nature”. Towards this end,
Republic Act no 9147, otherwise known as the “Wik Conservation and Protection Act”,
enumerates the policy to conserve the country’s wildlife resources and their habitats for
sustainability by: (a) conserving and protecting wildlife species and their habitat to promote
ecological balance and enhance biological diversity; (b) regulating the collection and trade
of wildlife; (c) pursing, with due regard to the national interest, the Philippine commitment
to international conventions on the protection of wildlife and habitats; and (d) initiating or
supporting scientific studies on the conservation of biological diversity.

Consistent with this policy, the State under the republic Act No. 7586 has established
a National Integrated Protected Areas System (NIPAS) covering habitats of rare, threatened
and endangered species of plants and animals along with biographic zones and related
ecosystems.


SECTION Definition of Terms:

a.) Protected Area (PA), refers to identified portions of land and water set
aside by reason of their unique physical and biological significance,
managed to enhance the biological diversity and protected against
destructive human exploitation;

b.) Critical Habitat refers to areas outside of the PA where threatened species
are found;

c.) Buffer Zone (BZ), refers to identified area outside the boundaries of and
immediately adjacent to the designated Protected Area pursuant to
Section 8 of Republic Act #7586 or the NIPAS Act, that need special
development control in order or minimize harm to the Protected Area;

4.) Wildlife Sanctuary refers to an area that assures the natural conditions

ssary to protect nationally significant species, groups of species,

biotic communities or physical features of the environment where these
may require specific human manipulation for their perpetuation;

‘Fenured Migrant Communities refers to various communities within the

Protected Area that have been actually and continuously occupying

certain areas therein for at least five (5) years before thei designation as

Protected Areas are solely dependent therein for the subsistence;

£) National Integrated Protected Areas System (NIPAS) refers to the
classification and administration of all designated Protected Areas to
maintain essential ecological processes and life support systems, to
preserve genetic diversity, to ensure sustainable use of resources found
therein and to maintain their natural conditions to the greatest extent
possible:

1) Protected Area Management Board (PAMB) refers to the management
board of the Sombrero Turtle Island Sanctuary;

h.) Alienable and Disposable Lands refers to those of public domain which
have been subject of the present system of classification and certifies as
not needed for forestry purposes;

i.) Biodiversity refers to the variety and variability among all living
organisms and the ecological complex in which they occur;

Ecosystem refers to the Community of plants and animals, their physical
environment and their interactions among them;

2

SECTION 4, Scope.----The Dampalit Sea Snake Island Wildlife Sanctuary and
Critical Habitat shall cover all the lands and waters comprising within the Barangay of
Halabangbaybay, Municipality of San Pascual, Masbate. .

SECTION 5. Land Classification.---All lands of public domain that fall within the
scope shall be classified as a Protected Area. However, all public lands already classified as
alienable and disposable lands, shall remain as such and may be disposed of pursuant to the
provisions of Commonwealth Act #141 or the Public Land Act, as amended.



Chapter II
Protected Management and Area

Article I---Institutional Mechanism

SECTION 6. Creation and Composition of the Protected Area Management Board
(PAMB).---There is hereby created a PAMB which shall have the jurisdiction, power and
authority, including but not limited to policy making and granting permits over Protected
Area for all matters that may affect biodiversity conservation and sustainable development.

‘The (PAMB) shall composed of the Regional Executive Director (RED) of the
Department of Environment and Natural Resources, Region V or his or her duly designated
Representative as Chairperson and the following as Members:

a.) The Mayors of each Municipality within the Protected Area or his or her duly
authorized designated representative who must be an official of the same
Municipality;

b.) The presiding officer of the Sangunniang Bayan of each Municipality, or any
other member thereof as may otherwise be designated by the Sangunniang
Bayan;

c.) The President of the Liga ng mga Barangay of each Municipality;

4.) A minimum of three (3) representatives selected from among NGO's operating
in the Protected Area through a process designated by themselves;

e.) A minimum of three (3) representatives selected from all local community
organizations through a process designed by themselves;

£) The provincial planning and development officer or an officer of the provincial
planning and development office, as may otherwise be designated by the
Provincial Governor;

g,) The Provincial Tourism Officer or an officer of the provincial tourism office, as
may otherwise be designated by the Provincial Governor;

h.) One representative from each government agency operating within the Protected
‘Area as may be appointed by the above-listed members of the PAMB based on
the relevance and potential contribution to the Protected Arca management;

i.) One (1) Representative from the Office of the Congresswoman of the First (1*)
District of Masbate;

In the selection of local community and NGO representatives, preference shall be
accorded to organizations involved in the conservation and protection of the Protected Area
and in the development work. ‘The representation of the nongovernment organizations shall
be institutional and shall endeavor to achieve geographic balance.

SECTION 7. _ Term of Office.---Every member of the PAMB shall serve for a term
of five (5) years, subject, however, to the elected office held, government employment, and
or official designation in the local government unit (LGU), national agency, People’s
Organization (PO), ot National Government Organization (NGO). Representation in the
PAMB shall, as much as practicable, ensure sufficient representation of all stakeholders.


SECTION 8. _ Powers and Functions of the Protected Area Management Board.
The PAMB shall have the following powers and functions.

a.) Issue all rules and regulations in accordance with this Act and the management
plan;

b.) Each criteria for permits and set fees for regulated activities;

c.) Adopt rules of procedure for the conduct of business, roles and responsibilities,
and discipline of the PAMB and Protected Area personnel, including the creation
of committee to whom its powers may be delegated;

d.) Approve, revise or modify the management action plans;

¢.) Issue certifications for both terrestrial and aquatic resource use. Provided, that
the DENR and the LGU’s shall issue permits only upon submission of the PAMB-
certification;

£) Recommend to the DENR for the approval the deputation of interested, capable
and responsible individuals for the enforcement of the laws, rules and regulations
governing the governing conduct in the Protected Area for areas and species
falling under the DENR’s jurisdiction of the Bureau of Fisheries and Aquatic
Resources-Department of Agriculture, deputation shall be pursuant to the
Republic Act No. #8550;

2.) Oversee and evaluate the Protected Area Superintendent's Office created under
Section 8 hereof;

h,) Identify, verify, and review all tenurial instruments and land claims within the
Protected Area;

i.) Recommend land reclassification and proper use of resources found therein
consistent with the zoning provided in the management ot action plans;

j,) Accept review and approve, after establishing criteria and rules and procedures,
therefor, proposals for the projects or activities, including research and
development on the natural resourees , to be undertaken within the protected area
which affect biodiversity conservation, protection and sustainable development;

k,) Initiate civil or administrative proceedings, file criminal complaints and take
necessary legal action against individuals associations, corporations or entities
destroying or contributing to the destruction of the Protected Area in whatever
degree, including but not limited to, discharge of wastes or refuse which may
impact on the Protected Area;

|.) Participate in all stages of the Environmental Impact Assessment (EIA) process
for the projects that may affect the protected area and in the monitoring thereof.
May also recommend that projects from the EIA system undergo the same;

The Department of Environment and Natural Resources (DENR) shall exercise
general authority over the PAMB to ensure that the acts within the scope of its powers and
functions. In case of conflict between administrative orders for national application issued
by the DENR pursuant to the NIPAS Act and the rules and regulations issued by the PAMB,
the Secretary, in consultation with the PAMB, shall resolve whether to apply the rule or
withdraw its application for the site. The decision of the Secretary may be appealed to the
Regional Trial Court (RTC) having jurisdiction over the Protected Area.

SECTION 9. _ Protected Area Superintendent Office—There shalll be a PASu office
within the DENR Regional Office for the Dampalit Sea Snake Island Wi Idlife Sanctuary and
Critical Habitat that shall provide general support and coordinative services such as
preparation of preliminary management plan and action plans, interagency linkages,


community partnership building, park visitors education and information programs
enforcement of park rules and regulations, processing of permits and monitoring of
‘operations.

‘The PASu as head of office shall be the chief operating officer of the Protected Area
and shall be accountable to the Regional Executive Director (RED) of the DENR Regional
V and the PAMB, The PASu shall be supported by the DENR personnel designated therein.
The PASu shall serve for a minimum of five (5) years and must have competence and
experience in the field of environmental protection,

Article 2
Protected Area Management Plan

SECTION 10. Protected Area Management and Action Plans---The PASu office,
under the general supervision of the PAMB, shall be within six (6) months from the
effectivity of this Act, prepare the (25) year management plan for the Dampalit Sea Snake
Island Wildlife Sanctuary and Critical Habitat in consultation with appropriate offices of the
DENR, LGU’s local communities, concerned government agencies and experts who may
extend their services.

‘The management plan shall be reviewed, approved and adopted by the PAMB, which
shall also verify that it conforms to all laws and rules regulations issued by the DENR, and
certified to by the DENR Secretary within the sixty (60) calendar days from submission
thereof.

The management plan shall serve as guide to all activities relating to Dampalit Sea
Snake Island Wildlife Sanctuary and Critical Habitat, including its development as an
ecotourism destination, in order attain the objectives stated in Section 2 hereof. Within one
(J) year from the effectivity of this Act, the management planning shall be formulated in
accordance with the general management planning strategy provided for under the NIPAS
‘Act of 1992 and its implementing rules and regulations and administrative orders. The
management plan shall contain, among others, the following:

a.) The goals and objectives pursuant to Section 2 hereof
b.) The protected nature of the areas covere:
c.) The period of applicability of the plan;
d.) Key management issues and activities si
e.) Establish zoning and activity regulation
f.) Establishment of visitor management program;

g,) Establishment of sustainable livelihood and investment programs;

has habitat;

Revisions or modifications of the management plan may be initiated by the PASu or
any PAMB member and shall be reviewed, approved and adopted by the PAMB and certified
to by the Secretary.

After its approval, adoption and certification, the plan shall be translated in the local
vernacular and shall be made readily available for the perusal by the general public.


Six (6) months after the formulation of the management plan, the PASu,
consultation with the appropriate offices of the DENR, LGU’s, local communities,
concerned government agencies, shall prepare a five (5) year action plan, subject to review
and approval by the PAMB.

Before the expiration of the said five (5) year action plan, the PASu shall within a
year, cause the publication of notices on the formulation of the succeeding action plan
through broadcast and print media and posting of notices in conspicuous places within the
provincial, municipal and barangay halls in order to solicit opinions on how to improve it.

The PAMB may conduct a public hearing or series of public hearings on the action
plan upon written request of any interested party.

In the event that no aetion plan is approved and adopted upon the expiration of the
existing plan, the latter shall continue to be effective subject to modifications as may be
adopted by the PAMB.

The same procedure shall be followed in the case of the management plan.

SECTION 11. Integration of the Management Plan into Local Government
Development Plans.--LGU’s through their representation in the PAMB, shall participate in
the management of the Dampalit Sea Snake Island Wildlife Sanctuary, Critical Habitat and
its buffer zones. To ensure that the future development of the Province of Masbate and Bicol
Region takes place in accordance with this Act, the provisions herein shall be incorporated
into the barangay, municipal and provincial development plans of Masbate and the Regional
Development Pian (RDP) of Bicol Region as part of the environmental concerns of the
province and the region. LGU’s shall likewise ensure that their ordinances pertaining to the
environment are consistent with this Act and the management plan, as herein provided.

Chapter IIL
‘Tenured Migrants and Private Rights

SECTION 12. Tenured Migrants and Private Rights.--Tenured migrants are
individuals and households who have actually and continuously occupied areas not classified
as alienable and disposable within the Protected Area and chiefly derived their livelihood
therein since October 10, 1991 or earlier. Whenever practicable, tenured migrant
communities of more than five houscholds occupying contiguous lots shall be provided with
tenurial rights over their current habitation sites and shall be offered alternative sites
preferably within the buffer zones whenever said area is crucial for conservation. Provided,
that provisions for their transfer shall be undertaken using humanitarian considerations and
shall be provided with security of tenure over their given relocations and such other support
deemed appropriate.

In all other cases, the grant of tenurial rights must take into account the need to
promote clustering and to avoid unnecessary displacement. In areas where tenurial
instruments ate granted, appropriate use zones shall be established for the purpose of
maintaining noncommercial livelihood activities


The land areas used as home lots or farm lots shall be held by individual household.
Land areas used for the communal basis shall not be held individually.

Tenutial instruments shall not be used solely on the basis of documents but must be
supported by indisputable evidence of permanent land utilization for five (5) years before
October 10, 1991, by the following circumstances, such

a.) Cultivated trees at their fruit bearing stage;

b.) Physical structures in the area indicating prolonged occupancy;

c.) Certification from the barangay captain or any two (2) respected
members of the nearest community attesting to occupancy;

4.) Other relevant data (e.g. previous census reports) that may be
accepted by the PAMB;

Existing land title instruments shall be reviewed by the PASu and endorsed by the
PAMB to the DENR Regional Office for validation and reversion. The PAMB shall
recommend the issuance of the appropriate tenure instrument consistent with land
classification and allow the use of resources found therein.

Persons who fail to qualify as tenurial migrants including transient farmers shall be
allowed to gather and collect whatever they have planted within five (5) years from
effectivity of this Act. The transfer of non-tenured migrants from the Dampalit Sea Snake
Island Wildlife Sanctuary and Critical Habitat shall be undertaken using humanitarian
considerations.

In the event of termination of tenurial instrument for cause or by voluntary surrender
of rights, the PASu shall take immediate steps to rehabilitate the area and restore it to its
natural state.

Chapter IV
Special Areas of Concern

SECTION 13. Existing Commercial Facilities within the Protected Area.
ninety (90) days from effectivity of this Act, all existing commercial facilities within the
boundaries of the Protected Area or its buffer zones with a total capitalization in excess of
Fifty Thousand Pesos (P50,000.00) shall be submitted to the PAMB through the PASu, the
following information:

a.) Potential for disturbance of protected area species and their
habitat, reproductive cycle, nesting and feeding grounds, and
migratory paths;

b.) Noise levels at all stages of operation;

c.) Requirements of water supply and sources of water;

d.) Energy requirements and sources of energy:

Thereafter, the PAMB, with the assistance of the DENR, shall determine whether the
existence of a facility and its future plans and operations will be detrimental to the Protected
Areas and its buffer zones.


Pailure to submit the required information shall constitute a violation of this Act.
The PAMB may prescribe further conditions for the operation of the facility to ensure that
it is not in conflict with the management objectives of the protected area. If any such
conditions are violated, a fine of (5,000.00) Five Thousand Pesos for everyday of violation
shall be imposed upon the owners of the said facility, but not to exceed a total of four hundred
fifly thousand pesos (P450,000.00). Whenever necessary, the PAMB through the PASu or
other government entities shall cause the cessation and demolition of the facility at the cost
of the owners.

‘The existing facilities allowed to remain within the protected area or its buffer zones
shall be charge a fee by the PAMB, which shall not be more than two (2%) percent of the
annual gross income of the facility. Provided, that existing commercial facilities whose
operations and ot purpose are considered contradictory to protected area management
objectives shall be ordered by the PAMB to vacate the protected area with such time as the
PAMB may provide.

SECTION 14, Utilization of Resources.---Livelihood activities requiring the
use of natural resources derived fiom the protected area shall be allowed only when
sustainable, consistent with the management and action plans, and after prior PAMB
approval.

The PAMB is authorized to impose regulatory measures such as hunting
moratoriums, closed hunting season and other restrictions on the use of resources within the
protected area and its buffer zone to ensure the sustainability of the species and the
ecosystem,

Any exploitation or utilization of non-renewable regulatory measures within the
protected area for commercial purposes or by non-tenured migrants shall not be allowed.

Energy projects, whether renewal or otherwise, within the protected area shall only
be allowed through an Act of Congress except energy from wind, sun, waves and water
resources: Provided, that in all instances, the primary beneficiaries shall be residents of the
protected area and its buffer zones. Provided, further, that all energy projects shall undergo
the EIA system as provided by law: Provided finally, that the PAMB has endorsed the
project.

Commercial exploitation of water resources within the protected area shall require
prior PAMB approval, in accordance with the management and action plans and should
undergo EIA system

Chapter V
Penal Provisions

SECTION 15. Prohibited Acts.---It shall be unlawful for any person to willfully and
knowingly exploit wildlife resources and habitat and undertake the following acts, without
the necessary permit issued in accordance with this Act:


1.) Killing and destroying wildlife species, except in the following instances:

a.) When it is done as part of the religious rituals of established tribal groups
or indigenous cultural communities;

b.) When wildlife is afflicted with an incurable communicable disease;

c.) When necessary to put to an end to the misery suffered by the wildlife;

4.) When it is done to prevent an imminent danger to the life or limb of a
human being;

e.) When wildlife is killed or destroyed after it has been used in authorized
research or experiments;

2.) Inflicting injury which cripples and or impairs the reproductive system of wildlife
species;

3.) Effecting any of the following acts in critical habitats;

a.) Dumping of waste products detrimental to wildlife;
b,) Burning;
c.) Logging;

d.) Quarrying of sand, gravel, guano, limestone or any material;

4.) Introduction and reintroduction or restocking of wildlife resources;

5.) Trading of wildlife;

6.) Collecting, hunting or possessing wildlife, their by-products and derivatives;

7.) Gathering, or destroying of active nests, nest trees, hosts plants and the like;

8.) Maltreating and or inflicting other injuries not covered by the preceding
paragraph;

9.) Transporting of wildlife;

0.) Cutting, gathering, removing or collecting timber or any forest-products within
the identified prohibited areas or zones of protected areas, including private
lands, without the necessary Protected Area Permit, authorization or exemption

s issued or promulgated by the PAMB;

SECTION 16. __ Fines and Penalties.--To any person who undertakes illegal acts
under SECTION 15, PARAGRAPH (1) to any species as may be categorized pursuant to
this Act, the following penalties and or fines shall be imposed.

a.) Imprisonment of minimum of six (6) years and one (1) day to twelve (12) years
and or fine of One Hundred Thousand Pesos (P100,000.00 to One Million Pesos
(P'1,000,000.00), if inflicted or undertaken against Critical Species;

b.) Imprisonment of four (4) years and one (1) day to six (6) years and or fine of
Fifly Thousand Pesos  (P50,000.00) to Five Hundred Thousand Pesos
(P500,000.00), if inflicted or undertaken against Endangered Species;

c.) Imprisonment of Two (2) years and one (1) day to four (4) years and or fine of
Thirty Thousand Pesos (P30,000.00) to Three Hundred Thousand Pesos
(P300,000.00), if inflicted or undertaken against Vulnerable Species;

4.) Imprisonment of one (1) year and one (1) day to two (2) years and or fine of
Twenty Thousand Pesos (P20,000.00) to Two Hundred Thousand Pesos
(P200,000.00). if inflicted or undertaken against Other Threatened Species;



¢.) Imprisonment of one (1) month to six (6) months and or fine of Five Thousand
Pesos to Twenty Thousand Pesos (P20,000.00) if inflicted or taken against
OTHER WILDLIFE SPECIES;

For illegal acts under SECTION 15, Paragraph (3) and (4), an imprisonment of one
(1) month to eight (8) years and or fine of Five Thousand Pesos (P5,000,00) to Five Million
Pesos (PS,000,000,00) shall be imposed.

For illegal act under SECTION 15, Paragraph (5), the following penalties and or
fines shall be imposed:

a.) Imprisonment of two (2) years and one (1) day to four (4) years and or fine of
Five Thousand Pesos (P5,000.00) to Three Hundred Thousand Pesos
(300,000.00), if inflicted or undertaken against Critical Species;

b.) Imprisonment of one (1) year and one (1) day to two (2) years and or fine of Two
Thousand Pesos (P2,000.00) to Two Hundred Thousand Pesos (P200,000.00) if
inflicted or undertaken against Endangered Species;

.) Imprisonment of six (6) months and one (1) day to one (1) year and or fine of
One Thousand Pesos (P1,000,00) to One Hundred Thousand Pesos
(P100,000.00) if inflicted or undertaken against Vulnerable Species;

4d.) Imprisonment of one (1) month and one (1) day to six (6) month and or fine of
Five Hundred Pesos (P500.00) to Fifty Thousand Pesos (P50,000.00) if inflicted
or undertaken against Threatened Speci

¢.) Imprisonment of Ten (10) days to one (1) month and or fine of Two Hundred
Pesos (P200.00) to Twenty Thousand Pesos (P20,000.00) if inflicted or
undertaken against Other Wildlife Species;

For illegal acts under SECTION 15, Paragraph (8) and (9), the following penalties
and or fines shall be imposed:

a.) Imprisonment of six (6) months to one (1) day to one year and a fine of Fifty
‘Thousand Pesos (P50,000,00) to One Hundred Thousand Pesos (P100,000.00) if
inflicted or undertaken against Critical Species;

b,) Imprisonment of three (3) month and one (1) day to six (6) months and fine of
‘Twenty Thousand Pesos (P20,000.00) to Fifty Thousand Pesos (PS0,000.00) if
inflicted or undertaken against Endangered Species;

¢.) Imprisonment of one (1) month and one (1) day to three (3) months and fine of
Five Thousand Pesos (P5,000.00) to Twenty Thousand Pesos to if inflicted or
undertaken against Vulnerable Species;

d.) Imprisonment of ten (10) days to one (1) month and fine of ‘Ten Thousand Pesos
to One Hundred Thousand Pesos (P100,000.00) if inflicted or undertaken against
Other Threatened Species;

€.) Imprisonment of five (5) days to ten (10) days and fine of Two Hundred Pesos
(P200.00) to One Thousand Pesos (P1,000.00) if inflicted or undertaken against
Other Wildlife Species;



For illegal acts under SECTION 15, Paragraph (10), shall be penalized under the
existing forestry laws.

All wi
forestry laws,

fe, its derivatives or by-products, and all paraphernalia under existing

All wildlife, its derivatives or by-products, and all paraphernalia, tools and
conveyances used in connection with violations of this Act, shall be ipso facto forfeited in
favor of the Government; Provided, that where ownership of the aforesaid conveyances
belong to third (3°) persons who have no participation in or knowledge of the illegal acts,
the same may be released to said owner.

Ifthe offender is an alien, he shall be deported after service of sentence and payment
of fines, without any further proceedings.

A fine of not less than Five Thousand Pesos (P5,000.00) but not more than Two
Hundred Fifty Thousand Pesos (P250,000.00) and or imprisonment of not less than one (1)
year but not more than five (5) years and the restoration and rehabilitation of the damaged
‘area or resource shall be imposed upon a person who shall commit, within the Protected
Area, the prohibited acts under Section 86, 93 and 102 of Republic Act No. 8550. Otherwise
known as the Philippine Fisheries Code of 1998.

A fine of not less than Five Thousand Pesos (P5,000.00) but not more than Five
Hundred Pesos (P500,000.00)and or imprisonment of not less than one (1) year but not more
than five (5) years shall be imposed upon those persons who commit, within the Protected
Area, the acts prohibited under Section 106 of Republic Act No. 8550.

‘The fines prescribed shall be increased by at least ten (10%) percent every three (3)
years to compensate for inflation and to maintain the deterrent function of sueh fines.

Any person who shall induce another or conspire to commit any of the illegal acts
prohibited in this Act ot order their workers to commit any of the same shall be liable in the
same manner as the one actually performing the act.

All conveyances, vessels, equipment, paraphernalia, implements, gears, tools and
similar devices used in violation of this Act shall be subject to immediate administrative
confiscation, independent of the judicial proceedings by the PASu Office upon
apprehension, subject, however, to due process and substantial evidence. When legal action
is however filed in regular courts, the said conveyances, vessels, equipment, paraphernalia,
implements, gears, tools and similar devices shall, independent of administrative
proceedings, not be released until after judgement, Proceeds of the sale of all objects
administratively or judicially confiscated pursuant hereto shall accrue to the Protected Area
Fund. Procedures for the sale thereof shall be promulgated by the PAMB.



Chapter VI
Miscellaneous Provisions

SECTION 17. Special Prosecutor.~--Within thirty days from the effectivity of this
Act, the Department of Justice (DOJ) shall appoint a Special Prosecutor to whom all cases
in violation of laws, rules and regulations in the Protected Area shall be assigned. Such
Special Prosecutor shall coordinate with the PAMB and the PASu in the performance of
his/her duties and assist in the training of wardens and rangers in the arrest of offenders and
in criminal procedure. The PAMB shall periodically submit to the DOJ an evaluation of the
performance of the designated Special Prosecutor.

SECTION 18. Special Counsel.~The PAMB may retain the services of the
competent lawyer to prosecute and or assist in the prosecution of cases under the direct
control and supervision of the Special Prosecutor and to defend the members of the PAMB
and the officers and the staff of the PASu Office, or any person assisting in the protection,
conservation and sustainable development of the Protected Area against any illegal action
related to their powers, functions and duties as provided in this Act or as delegated by the
PAMB.

SECTION 19. _ Integrated Protected Areas Fund.---There is hereby established a trust
fund to be known as the Integrated Protected Areas Fund for the purposes of financing
projects of the system. All income generated from the operation of the system or
management of wild flora and fauna in the Protected Area shall accrue to the fund. ‘This
income shall be derived from the fees from permitted sale and export of flora and fauna and
other sources from the Protected Area proceeds from lease of multiple-use areas,
contributions from the industries and facilities directly benefiting from the Protected Arca,
and such other fees and income derived from the operation of the Protected Area

The fund may be augmented by grants, donations, endowment from various sources
domestic and foreign for purposes related to their functions; Provided, that the fund shall be
subject to the retention of the management board of the protected area, of seventy-five
percent (75%) of all revenues raised therefrom and deposited in any government bank within
the locality where the protected area is located; and that disbursements shall be made solely
for the protection, maintenance, administration and management of the area and
implementation of duly approved projects endorsed by the PAMB in accordance with the
existing accounting, budgeting and auditing rules and regulations; Provided, further, that
the twenty-five (25%) percent of the revenues shall be deposited as special account in the
National treasury; Provided, finally, that fund shall not be used to cover personal services
expenditures.

‘The LGU’s shall continue to impose and collect all other fees not enumerated herein
which they may traditionally collected, such as business permits, property tax and rentals of
local government units facilities. Furthermore, LGU’s may charge add-ons to fees imposed
by the PAMB provided that such add-ons shall be determined based on the contribution of
the LGU’s in the maintenance and protection of the Protected Area.



Chapter VIL
Final Provisions

SECTION 20. Appropriations.-The Secretary shall immediately include in the
Department's program the implementation of this Act, the funding of which shall be
included in the annual General Appropriations Act.

SECTION 21. __Interpretation.-~The provisions of this Act shall be construed
liberally in favor of achieving biodiverse ty conservation, protection and sustainable
development. The provisions of republic Act No #7586, otherwise known as the NIPAS
Act, and republic Act No. #8550, otherwise known as the Philippine Fisheries Code of 1998,
and existing forestry laws and their corresponding rules and regulations not consistent
herewith shall be suppletory application in the implementation of this Act.

SECTION 22. Implementing Rules and Regulations.---Ninety (90) days after the
effectivity of this Act, the DENR, in consultation with the PAMB and concerned NGO"s
shall promulgate the implementing rules and regulations necessary to effectively implement
the provisions of this Act.

TION 23 Separability Clause.---If any part or section of this Act is declared by
the courts as unconstitutional, such declaration shall not affect the other parts or sections
hereof which shall continue to be in full force and effect.

SECTION 24 Repealing Clause.---All other laws, rules and regulations inconsistent
with this Act or any provision hereof are hereby repealed or are modified accordingly.

SECTION 25. _Effectivity Clause.---This Act shall take effect fifteen (15) days ater
its publication in the Official Gazette or in two (2) newspapers of general circulation readily
available and in around the scope specified herein. It shall likewise be posted in a
conspicuous place at the Municipal Halls of Batuan, San Fernando, San Jacinto, Monreal,
Claveria and San Pascual, located in the Islands of Ticao and Burias respectively and in the
Barangay Hall of Halabangbaybay concerned where the Protected Area is located and in
other places frequented by the public.

Approved,