Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS

Second Regular Session

6036

House Bill No.

Introduced by HON. ROZZANO RUFINO B. BIAZON

EXPLANATORY NOTE

This proposed measure seeks to declare Philippine Rise as a protected area
and at the same time establish mechanisms that would ensure that measures towards
this objective are enforced and implemented.

“Hundreds of miles off the Philippine coast, an untouched oasis lies beneath
the waves. Terraces of coral sprawl into the dim blue. Tropical fish weave through
huge sea sponges. Whale sharks and tiger sharks occasionally glide overhead. This
Shangri-La is Benham Bank, and it’s one of the Philippines’ last, best chances to
protect old-growth coral reefs.”!

Benham Plateau, also known as Benham Rise, was officially renamed
Philippine Rise by virtue of Executive Order No. 25 (Series of 2017) signed by
President Rodrigo Roa Duterte on May 16, 2017. It is a 24 million hectare under sea
region east of Luzon and is 35 meters underwater at its shallowest point off the
provinces of Aurora and Isabela. The area is solely claimed, as part of its continental
shelf, by the Republic of the Philippines, which was confirmed by the United Nations
Commission on the Limits of the Continental Shelf on April 12, 2012. Under the
United Nations Convention on the Law of the Sea (UNCLOS), a coastal state’s
exclusive economic zone extends 370 kilometers (200 nautical miles) from its
continental shelf, while its extended continental shelf extends for another 278
kilometers (150 nautical miles). The UN now recognizes the Philippines’ claim and
the country’s territory has increased to 43 million hectares from 30 million hectares.

It is now common knowledge that ancient reefs are in trouble. From Australia
to Hawaii, they are succumbing to pollution, destructive fishing, and the effects of
climate change. Things are especially dire in the Philippines where some of our reefs
have been damaged and some continue to deteriorate due to the wanton behavior of
some unscrupulous individuals and companies.

' “Saving the Philippines’ last untouched coral reefs” - Blog by Amy McDermott published at
‘oceana.org on May 22, 2017


According to marine conservationists and experts in the field of marine
biology and biodiversity, Philippine Rise is a rare exception. Its reefs have dodged
fishing pressure and pollution because these are so far offshore. It is virtually
untouched and undisturbed by human presence. The same experts say that to find a
reef this healthy and intact is indeed very special.

However, special does not mean protected. Philippine Rise has yet to be given
legal protection. It is vulnerable to the same pressures that have devastated other reefs
worldwide. This is why scientists are racing to study the said area while it remains
intact and pristine. Without legal protection, this unique place screams with an open
invitation to be exploited, destroyed and ultimately be lost forever. Clearly, there is a
very urgent need to enact a law that would protect Philippine Rise.

In view of the foregoing, immediate passage of this bill is earnestly sought.

RO; iO tid 8 B. BJAZON

Representative
Lone District of Muntinlupa City


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
Second Regular Session

6036

House Bill No.

Introduced by HON. ROZZANO RUFINO B. BIAZON

AN ACT
ESTABLISHING THE PHILIPPINE RISE NATURAL PARK IN THE PROVINCE OF
ISABELA AS A PROTECTED AREA UNDER THE NIPAS ACT (R.A. 7586) PROVIDING
FOR ITS MANAGEMENT AND FOR OTHER PURPOSES

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

SECTION I. Short Title. —This Act shall be known and referred to as the "Philippine Rise
‘Natural Park (PRNP) Act of 2017".

Sec. 2. Declaration of Policy. — It shall be the declared policy of the State to ensure the
protection and conservation of the globally significant economic, biological, sociocultural,
educational, and scientific values of the Philippine Rise into perpetuity for the enjoyment of
present and future generations. These shall be pursued by managing the Philippine Rise region
under a "no-take" policy and through a sustainable and participatory management, taking into
consideration all applicable laws and international conventions to which the Philippines is a
signatory.

It shall further be the policy of the State to promote the Philippine Rise region, with the
end in view of fostering widespread awareness and concern for the same. Towards this end, the
State shall undertake to carry out comprehensive and holistic promotions, training and information
campaign programs for the benefit of the general public, in pursuance of the duty of the State to
uphold the primacy of protecting, preserving and promoting these resources.

Finally, it shall be the policy of the State to encourage the participation of the private sector
and the local government units in the protection, preservation and promotion of the Philippine Rise
region.


Sec. 3. Definition of Terms. — For purposes of this Act, the following terms shall be defined
as follows:

(a) "Bioprospecting” refers to research, collection and utilization of biological and genetic
resources for purposes of applying the knowledge derived therefrom solely for
commercial purposes.

(b) "Buffer Zone” refers to the identified area outside the boundaries of and immediately
adjacent to BRNP that needs special development control in order to avoid or minimize
harm to the protected area.

(©) "Commercial Fishers/Fisherfolk” refers to persons who catch fish and other fishery
products using fishing vessels of more than three (3) gross tons.

(d) "Conservation Fees" refer to fees collected from authorized users of the PRNP.

(©) "Corals" refers to all bottom dwelling animals under the phylum Cnidaria, which are
‘a major part of the reef community. The definition includes four (4) types of corals:
(1) those that produce a hard skeleton out of calcium carbonate such as all scleractinian
corals, the hydrozoan corals (firecorala), and the blue and red corals under the
genera Heliopora and Tubipora; (2) the antipatharian or black corals with a rigid,
chitinous skeleton; (3) the gorgonians with a horny and/or calcareous axis; and (4) the
soft bodied anthozoans such as sea anemones, and the soft corals under the
systematical group of Alcyonaria or Octocorallia.

() "Exotic Species" refer to species or subspecies that do not naturally occur within the
biogeographic region of the PRNP at present or in historical time.

(g) "Explosives" refer to dynamite or other chemical compounds that contain combustible
elements or ingredients which upon ignition by friction, concussion, percussion or
detonation of all or parts of the compound will kill, stupefy, disable or render
unconscious any species. It also refers to any other substance and/or device, including
blasting caps or any other component or part of explosive devices, which causes an
explosion that is capable of producing the said harmful effects on any resources and
capable of damaging and altering the natural habitat.

(h) "Gear" refers to any instrument or device and its accessories utilized in taking,
catching, gathering, killing, hunting, destroying, disturbing, removing or possessing
resources within the PRNP.

@

"Littering" refers to the disposal of small amounts of non-biodegradable solid waste
materials such as, but not limited to, cigarette butts, candy wrappers, plastic materials,
bottles and glasses in the PRNP.

(j) "Management Plan" refers to the fundamental strategy and/or scheme which shall
guide all ‘ies relating to the PRNP in order to attain the objectives of this Act.

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(k) "Municipal Fishers/Fisherfolk” refers to persons who catch fish and other fishery
products using fishing vessels of three (3) gross tons or less, or whose fishing does not
require the use of fishing vessels.

@

"Muro-ami" refers to the method used in reef fishing consisting of a movable bagnet,
detachable wings and scareline having plastic strips and iron/steel/stone weights,
effecting fish capture by spreading the net in an arc around reefs or shoals and, with
the use of the scarelines, a cordon of people drive the fish towards the waiting net while
pounding the corals by means of heavy weights like iron/steel/stone or rock making it
destructive to corals.

(m) "Non-government Organization (NGO)" refers to any civic, developmental,
environmental or philanthropic non-stock, non-profit organization, duly registered,
having bylaws, democratically-elected representatives, with qualifications, expertise
and objectivity in activities concerning community organizing and development, or
resource and environmental conservation, management and protection related to the
protected area.

(n) "Non-Renewable Resources" refer to those resources that cannot be remade, regrown
or regenerated on a scale comparative to its consumption.

(0) "Noxious or Poisonous Substances" refer to any substance, plant extracts or juice
thereof, sodium cyanide and/or cyanide compounds or, other chemicals either in raw
or processed form, harmful or harmless to human beings, which will kill, stupefy,
disable or render unconscious any marine organism and capable of damaging and
altering the natural habitat.

(p) "PASu" refers to the Protected Area Superintendent of the PRNP.

@

"People's Organization (PO)" refers to a group of people which may be an association,
cooperative, federation, aggrupation of individuals or groups with an identifiable
structure of decision-making and accountability, established to undertake collective
action to address community concerns and needs in relation to the protected area.

(®) "Poaching" refers to fishing, gathering and/or purchase or possession of any fishery
products within the PRNP by any foreign person, foreign corporation or foreign entity
or operating any foreign fishing vessel by any person, corporation or entity within the
PRNP.

(s) "PRNP" refers to the Philippine Rise Natural Park.

(t) “PRPAMB” refers to the Phi

ine Rise Protected Area Management Board.


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

(v) "Protected Species” refer to any plant or animal declared protected under Philippine
laws, rules and regulations. These shall include all species listed under the Convention
on International Trade in Endangered Species of Wild Flora and Fauna and all its
‘Annexes, the Convention on the Conservation of Migratory Species, those specified
under the red-list categories of the International Union for the Conservation of Nature
and Natural Resources, or any plant or animal which the Philippine Rise Protected
‘Area Management Board (PRPAMB) or any government agency may deem necessary
for conservation and preservation in the PRNP.

(w) "Purse Seine" refers to the gear characterized by encircling net having a line at the
bottom passing through rings attached to the net, which can be drawn or pursed. In
general, the net is set from a boat or boats around the school of aquatic resources. The
bottom of the net is pulled close with the purse line. The net is then pulled aboard the
boat or boats until the resources are concentrated in the bunt or bag.

(x) "Resources" refer to all-natural endowments, whether aquatic or terrestrial, living or
non-living, found in the PRNP.

(y) "Stakeholders" refer to individuals, communities, agencies, institutions, organizations,
aggrupation of specific interests or sectors which have particular interest in the
achievement of the objectives of this Act, and/or enjoyment or utilization in any form
of the resources within the PRNP.

@

"Trawl" refers to the gear consisting of a bag-shaped net which is dragged or towed
along the bottom or through the water column to take aquatic resources by straining
them from the water, including all variations and modifications of trawls in bottom,
mid-water, baby trawls and tow nets.

(aa) "Vessel" includes every description of watercraft, including non-displacement crafts
and seaplanes, used or capable of being used as a means of transportation on water. It
shall include everything found therein, except personal effects.

(bb) "Waste" refers to discarded items of solid, liquid, contained gaseous or semi-solid
form, from whatever source, which may cause or contribute to the deterioration of the
resources or habitats in the PRNP.

Sec. 4. Scope and Coverage. — The Philippine Rise Natural Park (PRNP) shall cover the

Benham Rise region which consists of the Benham Rise itself, Molave Spur, Molave Saddle, Narra
Spur and Narra Saddle as described under the Recommendations of the Commission on the Limits
of the Continental Shelf in regard to the Submission made by the Philippines in respect of the
Benham Rise Region. The Benham Rise region has an approximate area of twenty-four million
(24,000,000) hectares, including its seabed and airspace.

4


The Department of Environment and Natural Resources (DENR)-National Mapping and
Resource Information Authority (NAMRIA) shall validate the technical descriptions provided in
this Act through actual survey/demarcation.

‘The metes and bounds of the PRNP shall be indicated on maps and/or nautical charts. Any
modification of the coverage of this Act due to such factors as changing ecological situation, new
scientific or archeological findings, or discovery of traditional boundaries not previously taken
into account shall be made through an act of Congress, after consultation with the concerned
government agencies.

Sec. 5. Establishment of a Buffer Zone. — There shall also be established a ten (10)-nautical
mile buffer zone from the PRNP. The exact coordinates thereof shall be provided by the DENR in
coordination with NAMRIA for the purposes of this Act.

Sec. 6. Creation and Composition of the Philippine Rise Protected Area Management
Board. ~ There shall be a Philippine Rise Protected Area Management Board (PRPAMB), which
shall be the sole policy-making and permit-granting body of the PRNP. The management and
administration of the PRP shall be vested with the PRPAMB, as herein provided, and shall be
consultative and participatory. It shall be composed of

(a) the Regional Executive Director of Region II of the DENR, to serve as Chairperson;

(b) the Members of the House of Representatives who represent the congressional districts
of Isabela;

(©) the Governor of the Province of Isabela;
(d) the Mayor of the Municipality of Dinapigue;

(©) the Chairperson of the Environment and Natural Resources Committee of the
Sangguniang Bayan of Dinapigue;

( the Chairperson of the Environment and Natural Resources Committee of the
Sangguniang Panlalawigan of Isabela;

(g) the Chairperson of the Appropriations Committee of the Sangguniang Panlalawigan of
Isabela;

(h) the Commander of the Northern Luzon Command (NOLCOM);
(i) the District Commander of the Coast Guard District, Isabela;
(j) a representative from the Department of Tourism in Region II;

(k) the Provincial Fishery Officer of the Department of Agriculture-Bureau of Fisheries
and Aquatic Resources (DA-BFAR) in Isabela;

5


(1) two (2) representatives from reputable academic institutions in Isabela;

(m)three (3) representatives from NGOs in Isabela involved in the conservation and
management of the PRNP; and

(n) three (3) representatives from POs based in the Municipality of Dinapigue, Province of
Isabela and engaged in the conservation and management of the PRNP.

Each member of the PRPAMB shall serve for a term of five (5) years: Provided, that he/she
remains connected with the sector or office being represented. Whenever a vacancy occurs during
the term of a member who does not represent the government, a new member shall be chosen in
the same manner as the original selection process, to serve the remaining term of his/her
predecessor. In the case of members who are elective officials, their appointment shall be co-
terminous with their term of office. In the case of appointive government officials who are
reassigned to stations or offices outside the Province of Isabela, the successor, without need of
appointment, shall assume the seat of the reassigned official in the PRPAMB.

The PRPAMB en banc shall hold regular meetings at least once every quarter. It may,
however, meet on a more regular basis to discuss day-to-day affairs and other matters.

‘Sec. 7. Powers and Functions of the PRPAMB. — The PRPAMB shall have the following
powers and functions:

(a) Decide matters relating to planning, resource use and protection, and general
administration of the area in accordance with the management plan;

() Approve budget allocations, proposals, work plans, action plans, guidelines for
management of the PRNP in accordance with the management plan and its policies;

(©) Establish productive partnerships, with national and local agencies, local government
units, local communities, the academe, non-governmental organizations, and such
other institutions to ensure the conservation and management of the PRNP;

(4) Initiate the implementation of the delineation of the boundaries of the PRNP;

(e) Promulgate rules and regulations and impose penalties for violations thereof;

() Ensure the implementation and enforcement of laws, rules and regulations, policies,
programs and projects within the PRP;

(g) Control and regulate the construction, operation and maintenance of structures and
utilities within the PRNP;

(h) Monitor and evaluate the performance of the PRMO and all those implementing
activities and projects in the PRNP;


(i) Appoint the PRNP Protected Area Superintendent (PASu), and, upon recommendation
of the PASu, appoint management personnel based on an internal selection criteria and
decide on their compensation and benefits;

(i) Generate funds and accept donations and grants, appropriate and disburse the same,
and exercise accountability over all funds that may accrue to the PRNP;

(k) Manage the PRNP Trust Fund, as herein provided;

(I) Exercise quasi-judicial functions for adjudicating cases of violations of this Act and
impose penalties for violations of guidelines, rules and regulations within the PRNP;

(m) Deputize individuals for the enforcement of laws, rules and regulations governing
conduct within the PRNP, and prescribe the necessary qualifications therefore;

(n) Retain a legal counsel to defend cases against the PRPAMB and the Office of the PASu
whenever they are sued in connection with the performance of their duties under this
Act, guidelines, and rules and regulations pertaining to the PRNP;

(0) Provide adequate measures to ensure consultation and participation of stakeholders;

(p) Possess authority to issue permits and conditions thereto, and determine and collect
fees for the utilization and enjoyment of the PRNP and the resources
therein: Provided, That the PRPAMB may delegate to the PASu the authority to issue
permits and collect fees for temporary access to the PRNP such as, visiting or diving,
subject to the limits as may be determined by the PRPAMB: Provided, however, That
entry into the PRNP for emergency reasons shall not be subject to permit and users’
fees;

(q) Determine, based on existing scientific evidence, laws, rules, regulations, international
instruments, traditional resource utilization, management modalities in the area,
carrying capacity and, observing precautionary principle, the modes of utilization of
the PRNP and all the resources found therein. Permits shall only be issued for such
modes of utilization and enjoyment as the PRPAMB and this Act shall allow; and

(8) Perform such other functions necessary for the fulfillment of the provisions of this Act
and other applicable laws, rules and regulations, as may be required.

Sec. 8. Executive and Other Committees of the PRPAMB. ~ There shall be an Executive
Committee (ExeCom) to which the PRPAMB may delegate some of its powers and functions. Its
members shall be chosen by the PRPAMB from among themselves. The PRPAMB may create
other committees as it may deem necessary.

Sec. 9. Emoluments of PRPAMB Members. - PRPAMB Members shall be entitled to such
emoluments as allowed under existing laws, rules and regulations, the budget of which shall be
included in the annual budget of the PRNP.


Sec. 10. Philippine Rise Management Office. ~ There shall be established a Philippine Rise
Management Office (PRMO) to be headed by the PRNP Protected Area Superintendent (PASu)
who shall serve as the Chief Operating Officer of the entire PRNP. The PRPAMB will determine
the staffing pattern, qualification standards and hiring procedures for the PRMO. The PASu and
his/her staff shall hold office in a place to be designated by the PRPAMB: Provided, That the
PRPAMB may authorize the establishment of sub-offices for purposes of convenience, safety,
accessibility, economy and such other justifiable reasons: Provided, further, that at least a sub-
office shall be established within the PRNP.

The PASu shall have full responsibility for the protection of resources within the PRNP.
As such, he/she shall have the following duties and responsibilities in addition to those provided
under existing laws and regulations:

(a) Prepare the management plan and its successor plans as herein provided;

(b) Serve as Secretary to the PRPAMB with the duty to provide the PRPAMB all the
information necessary to make appropriate decisions for the implementation of this
Act;

(©) Hire non-management personnel of the PRNP and recommend management personnel
to the PRPAMB;

(d) Supervise the PRNP personnel in the performance of their duties and functions;
(©) Coordinate and implement with national and local agencies, local government units,

local communities, the academe, non-governmental organizations, and such other
institutions to ensure the conservation and management of the PRNP;

(f) Develop and implement park information, interpretation, education and other visitor
programs;

(g) Enforce the laws, rules and regulations and the PRPAMB resolutions relevant to the
PRNP, file complaints and assist in the prosecution of offenses;
(h) Monitor all activities within the PRNP in conformity with the management plan;

(® Ensure that consultative and participatory mechanisms are maximized in decision-
making; and

() Perform such other functions as the PRPAMB may assign.

Sec. 11. Management Plan. ~ Within one (1) year from the effectivity of this Act, there
shall be an initial management plan to be prepared by the Philippine Rise Management Office
(PRMO) in coordination with the local community and various stakeholders, the Municipal
Government of Dinapigue, the Provincial Government of Isabela, with the assistance from the


DENR, and the Bureau of Fisheries and Aquatic Resources (BFAR). The management plan shall
contain, among others:

(a) a period of applicability for ten (10) years subject to periodic review every three (3)
years;

(b) goals and objectives of management in support of Section 2 hereof;

(©) key management issues such as, but not limited to, issuance, screening and approval of
all development and resource-use activities within the PRNP and adequate protection
and restoration of endangered species and fragile ecosystems;

(d) site management strategy including, but not limited to, establishment of clear and
simplified guidelines on the activities that can be allowed within the zones, including
the buffer zones;

(e) major management activities such as, but not limited to, enforcement of laws, habitats
and wildlife management, sustainable-use management, infrastructure development
and maintenance, fire prevention, pest and disease control, and disaster management;

() mechanism for the protection, regulation and prohibition of those within the PRNP, in
accordance with their rights; and

(g) mechanisms to ensure consultative and participatory decision-making processes. The
management plan shall be consistent with the nature of the PRNP as a protected area.
It shall be reviewed and approved by the PRPAMB, and submitted to the DENR.

Sec. 12. Zoning. — A zoning plan shall be adopted within the PRNP, giving primary
consideration to the protection and conservation of all life forms in accordance with applicable
laws, rules and regulations. Zoning shall also take into consideration the effective protection of
habitats, fragile ecosystems and unique areas. The establishment and management of zones shall
involve the concemed stakeholders by undertaking such steps as dialogue and community and
resource-use mapping. The metes and bounds of each zone shall be indicated on maps and nautical
charts.

Sec. 13. Successor Plan. — Before the expiration of the initial management plan, there shall
be a successor plan to be prepared by the Office of the Protected Area Superintendent in the same
manner as the procedure and principles herein set forth. Two (2) years before the expiration of the
initial management plan, the Protected Area Superintendent (PASu) shall cause the publication of
notices for comments and suggestions on the successor plan using all available media or at least
in a newspaper of local circulation and the posting of such notices in the provincial, municipal and
barangay halls and in three (3) other conspicuous areas frequented by the public. The successor
plan shall be made available to the public for perusal at the office and sub-offices of the PASu and
the DENR.


Sec. 14. Role of Local Government Units. ~ The local government units of Isabela and
Dinapigue shall participate in the management of the PRNP through their representatives in the
PRPAMB. The provisions of this Act shall be incorporated into the municipal and provincial
development plans of Dinapigue and Isabela, respectively, and the Regional Development Plan of
Region II as part of the environmental concerns of the province and the region. The national
government and local government units shall likewise ensure that local ordinances pertaining to
the environment are consistent with this Act and the management plan, as herein provided.

Sec. 15. Role of the DENR. — The DENR shall coordinate closely with other government
agencies concerned to ensure the sound management and conservation of the PRNP. It shall also
provide technical and financial assistance to the PRNP as may be needed.

Sec. 16. The PRNP Trust Fund, ~ There is hereby established a trust fund to be known as
the PRNP Trust Fund for purposes of financing projects of the PRNP. All income generated from
the operation of the PRNP or management of wild flora and fauna therein shall accrue to said fund.
This income shall be derived from visitor/tourist fees, proceeds from registration and lease of
multiple-use areas, including tourism concessions, contributions from industries and faci
directly benefiting from the PRNP and such other fees and income derived from the operation of
the PRNP.

The PRNP Trust Fund may be augmented by grants, donations, endowment from various
sources, domestic or foreign, for purposes related to their functions: Provided, That the entire
amount shall be set aside and retained by the PRPAMB of the PNP, which shall appropriate the
same exclusively for the management and operation of the PRNP. The PRPAMB shall have the
sole power to decide on the use of its funds from whatever source.

Donations, grants and endowments to the PRNP shall be exempt from the donor's tax and
the same shall be considered as allowable deductions from the gross income in the computation of
the income tax of the donor.

Sec. 17. Energy and Non-Renewable Resources.— Any exploration, exploitation or
utilization of non-renewable resources such as, but not limited to, minerals, gas and oil within the
PRNP shall not be allowed except by an act of Congress.

Sec. 18. Unauthorized Entry, Enjoyment or Use. — No person or entity shall enter, enjoy or
utilize any portion of the PRNP and the resources therein for whatever purpose without prior
permission from the PRPAMB as herein provided.

The PRNP shall be off-limits to navigation, except for activities that are sanctioned by the
PRPAMB such as, but not limited to, tourism and research. Except in emergency situations, it shall
be unlawfal to enter the PRNP without prior permission from the PRPAMB or the PASu as herein
provided. It shall also be unlawful to enter, enjoy or use for any purpose any prohibited
management zone. This rule shall similarly apply to the use of vessels, gears and equipment in
management zones where such are not allowed.

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Violation of this section shall be subject to imprisonment of not less than six (6) months
but not more than one (1) year imprisonment and a fine of One Hundred Thousand Pesos
(P100,000.00) but not more than Three Hundred Thousand Pesos (P300,000.00), as may be
determined by the PRPAMB. If the violator is a commercial fisher/fisherfolk, the penalty shall be
imprisonment of not less than one (1) year but not more than three (3) years and a fine of Five
Hundred Thousand Pesos (P500,000.00).

Sec. 19. Damages to the Reefs. ~ Damages to the reefs in the BRNP by any person or entity
shall subject the same to the payment of administrative fines set by the PRPAMB based on current
valuation standards and to the payment of the cost of restoration.

Sec. 20. Non-payment of Conservation Fees. ~ It shall be unlawful for any person or entity
to enjoy or utilize the PRNP and the resources therein without payment of conservation fees as
may be imposed by the PRPAMB.

Violators of this section shall, in addition to the payment of the conservation fee, pay the
administrative fine of double the amount of the conservation fee set by the PRPAMB for the
activity undertaken.

Sec. 21. Anchoring. — It shall be unlawful for any person or entity to hold fast or secure a
vessel in place either by using an anchor or by tying on to any part of the reef. All vessels shall
utilize the mooring buoys provided by the PRNP.

Violation of this section shall be penalized with an administrative fine of not less than Fifty
Thousand Pesos (P50,000.00) and not more than One Hundred Thousand Pesos (P100,000.00).

Sec. 22. Dumping of Waste and Littering. — It shall be unlawful for any person or entity to
dump waste inside the PRNP. It shall likewise be unlawful to clean and change oil of vessels within
the PRNP.

Violation of this provision shall be punishable by imprisonment of one (1) year to three (3)
years, and fine of not less than Fifty Thousand Pesos (P50,000.00). The PRPAMB shall impose an
administrative fine of not less than One hundred thousand pesos (P100,000.00) and not more than
‘Three Hundred Thousand Pesos (P300,000.00), and order the violator to clean up the waste or pay
for the clean-up thereof.

It shall likewise be unlawful to litter within the PRNP. Violation of this provision shall be
penalized by the PRPAMB with administrative fine of from Fifty thousand pesos (P50.000.00) to
One Hundred Thousand Pesos (P100,000.00).

Sec. 23. Bioprospecting Without Permit, — It shall be unlawful to conduct bioprospecting
within the PRNP without prior permit from the PRPAMB and other concerned agencies.

Violation of this section shall be punished with imprisonment of one (1) year to six (6)

years; fine of Five Hundred Thousand Pesos (P500,000.00) to One Million Pesos (P'1,000,000.00).
The PRPAMB shall also impose administrative fine ranging from Five Hundred Thousand Pesos

1


(P500,000.00) to One Million Pesos (P1,000,000.00) and confiscation and forfeiture of the
resources subject of the offense, equipment, gears and vessels.

Sec. 24. Introduction of Exotic Species. — \t shall be unlawful to introduce exotic species
of plants or animals into the PRNP.

Violation of this section shall be punished with imprisonment of six (6) months to six (6)
years; fine of One Hundred Thousand Pesos (P100,000.00) to One Million Pesos (P1,000,000.00)
‘and forfeiture of the resources subject of the offense, equipment, gears and vessels. The PRPAMB
shall also impose administrative fine ranging from Two Hundred Thousand Pesos (P200,000.00)
to One Million Pesos (P1,000,000.00) and confiscation and forfeiture of the resources subject of
the offense, equipment, gears and vessels.

Sec. 25. Hunting, Catching, Fishing, Killing, Taking, Gathering, Removing, Destroying,
Disturbing or Possessing Resources. ~ It shall be unlawful for any person to actually or attempt to
hunt, catch, fish, kill, take, gather, remove, destroy, disturb or possess any resource, whether living
or nonliving, or products derived therefrom. The unauthorized entry of a vessel in the PRNP shall
be prima facie evidence of violation of this section.

Violations of this section shall be punished as follows:

(a) Where the offender uses explosives, noxious or poisonous substances, the penalty shall
be imprisonment ranging from six (6) years and one (1) day to twelve (12) years
without prejudice to the filing of separate criminal cases when the use of the same result
to physical injury or loss of human life; fine ranging from Three hundred thousand
pesos (300,000.00) to Five Hundred Thousand Pesos (P500,000.00). The PRPAMB
shall also impose administrative fine ranging from Three Hundred Thousand Pesos
(300,000.00) to Five Hundred Thousand Pesos (P500,000.00) and confiscation and
forfeiture of the resources subject of the offense, equipment, gears and vessels.

(b) The discovery of dynamite, other explosives and chemical compounds which contain
combustible elements, or noxious or poisonous substances, in any vessel or in the
possession of any person within the PRNP shall constitute prima facie evidence that
the same was used in violation of this Act. The discovery of resources caught, taken,
killed, removed, gathered or destroyed with the use of explosives, noxious or poisonous
substances in any vessel or in the possession of any person within the PRNP shall
constitute prima facie evidence of violation of this Act.

(©) Where the offender merely possesses explosive, noxious or poisonous substances
within the PRNP, the punishment shall be imprisonment ranging from four (4) years
and two (2) months and one (1) day to six (6) years and a fine ranging from One
Hundred Thousand Pesos (P100,000.00) to Three Hundred Thousand Pesos
(P300,000.00). The PRPAMB shall also impose administrative fine ranging from One
Hundred Thousand Pesos (P100,000.00) to Three Hundred Thousand Pesos
(300,000.00) and confiscation and forfeiture of the resources subject of the offense,
equipment, gears and vessels.

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(@) Where the offender takes, removes, fishes, gathers, kills, destroys or possesses corals,
except for scientific or research purposes authorized by the PRPAMB, the penalty shall
be imprisonment ranging from six (6) years and one (1) day to twelve (12) years; fine
ranging ftom One Hundred Thousand Pesos (P100,000.00) to Two Hundred Fifty
Thousand Pesos (P250,000.00). The PRPAMB shall also impose administrative fine
ranging from One Hundred Thousand Pesos (P100,000.00) to Two Hundred Fifty
Thousand Pesos (P250,000.00) and confiscation and forfeiture of the corals subject of
the offense, equipment, gears and vessels.

(©) Where the offender uses any fishing gear or method that destroys coral reefs, seagrass
beds or other marine life habitats as may be determined by this Act, the PRPAMB,
other laws, the Department of Agriculture, or the DENR, the operator, boat captain,
master fisherman, and recruiter or organizer of fish workers involved shall suffer a
penalty of six (6) years and one (1) day to twelve (12) years imprisonment, a fine of
not less than One Hundred Thousand Pesos (P100.000.00) to Five Hundred Thousand
Pesos (P500,000.00) and forfeiture of catch, fishing equipment, gears and vessels. The
PRPAMB shall also impose administrative fine ranging from Four Hundred Thousand
Pesos (P400,000.00) to One Million Pesos (P1,000,000.00) and confiscation and
forfeiture of catch, fishing equipment, gears and vessels.

Muro-ami, all kinds of trawls, purse seine, Danish seine, ring net, drive-in net, round
haul seine, motorized push net, bagnet, or any of their variations, are hereby declared
destructive fishing methods or gears under this provision.

(®) Where the offender gathers or removes pebbles, stones, rocks, sand or other materials
or otherwise engages in the quarrying or dredging of any portion of the PRNP, the
penalty shalll be six (6) years and one (1) day to twelve (12) years imprisonment; fine
of not less than One Hundred Thousand Pesos (P100,000.00) to Two Hundred Fifty
Thousand Pesos (P250,000.00). The PRPAMB shall also impose administrative fines
ranging from One Hundred Thousand Pesos (P100,000.00) to Seven Hundred Fifty
Thousand Pesos (P750,000.00) and confiscation and forfeiture of the substance taken,
and equipment and vessels used in the commission of the violation.

(g) Where the subject of the offense are protected species as denned in this Act, the penalty
shall be imprisonment of twelve (12) years to twenty (20) years and a fine of Five
Hundred Thousand Pesos (P500,000.00) to One Million Pesos (P1,000,000.00) for
every threatened or endangered organism subject of the offense; forfeiture of the catch,
equipment, gears and vessels; and cancellation of fishing permit. The PRPAMB shall
also impose an administrative fine ranging from Five Hundred Thousand Pesos
(P500,000.00) to One Million Pesos (P1,000,000.00) for every threatened or
endangered organism subject of the offense and confiscation and forfeiture of catch,
equipment, gears and vessels.

(h) Where the violations of this section are not covered by the preceding paragraphs, the

penalty shall be imprisonment of three (3) years to six (6) years; fine of not less than
One Hundred Thousand Pesos (P100,000.00) but not more than Three Hundred

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Thousand Pesos (P300,000.00), forfeiture of the catch, equipment, gears and vessels
and cancellation of permit that makes it possible for the offender to commit the offense.
‘The PRPAMB shall also impose an administrative fine ranging from Three Hundred
Thousand Pesos (P300,000.00) to One Million Pesos (P1,000,000.00) and confiscation
and forfeiture of catch, equipment, gears and vessels.

Sec. 26. Poaching by Foreigners. — It shall be unlawful for any foreign person, foreign
corporation or foreign entity to fish, gather and/or purchase or possess any fishery products within
the PRNP. It shall likewise be unlawful for any person, corporation or entity to operate any foreign
fishing vessel within the PRNP. The entry of any foreign fishing vessel in the PRNP shall
constitute prima facie evidence that the vessel is engaged in fishing in the area. The presence of
any foreign national in a fishing vessel of either Philippine or foreign registry in the PRNP shall
be conclusive evidence that the vessel is foreign.

Violation of the above shall be punished by imprisonment of six (6) years and one (1) day
to twelve (12) years and a fine of One Hundred Thousand United States (U.S.) dollars
(US$100,000.00), in addition to the forfeiture of its catch, fishing equipment and fishing
vessel: Provided, That in case of non-payment of fine, subsidiary imprisonment shall be
imposed: Provided, further, That the PRPAMB is empowered to impose an administrative fine of
not less than Fifty Thousand U.S. dollars (US$50,000.00), but not more than Two Hundred
thousand U.S. dollar (US$200,000.00) or its equivalent in Philippine currency, in addition to the
confiscation and forfeiture of the fish catch, fishing equipment and fishing vessel: Provided,
‘finally, That a bond may be posted for the vessels which shall not be less than One Hundred
Thousand U.S. dollars (US$100,000.00). A Hold Departure Order shall be issued as a condition
for the grant of bail to any foreign offender. All passports and documents which may be used by
the accused to flee the country must be surrendered to the court.

Sec. 27. Violation of Environmental Impact Assessment System. ~The PRPAMB shall
prosecute violations of laws and rules on Environmental Impact Assessment System. Such
violations shall be punished by imprisonment of three (3) years to five (5) years; fine of One
Hundred Thousand Pesos (P 100,000.00) for every day each violation subsists, rehabilitation of the
affected area or the amount equivalent thereto and forfeiture of the vessels, structures, effects,
materials and equipment used, and the products of such violation. If the offender is a corporation,
the directors and officers shall suffer the imprisonment. The PRPAMB shall also impose
administrative fine of One hundred thousand pesos (P100,000.00) for every day each violation
subsists; rehabilitation of the affected area or the amount equivalent thereto; and confiscation and
forfeiture of the vessels, structures, effects, materials and equipment used and the products of such
violation.

Sec. 28. Violation of Standards. — The owner, operator and top three (3) officers of any
vessel violating the standards set by the PRPAMB such as, but not limited to, safety and sanitation
standards shall suffer administrative penalty of a fine ranging from Twenty Thousand Pesos
(P20,000.00) to Fifty Thousand Pesos (P50,000.00) for every day each violation subsists, and from
suspension of three (3) months to cancellation of permit to operate in the PRNP.

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Sec. 29. Obstruction to Law Enforcement Officer. — The boat owner, master, operator,
officer or any person acting on his/her behalf, of any vessel who evades, obstructs or hinders any
law enforcement officer in the PRNP to perform his/her duty, shall be administratively fined Fifty
Thousand Pesos (P50,000.00). In addition, the registration, permit and/or license of the vessel
including the license of the officers thereof shall be cancelled.

Sec. 30. Common Penal Provision. —

(@) In case the vessel used in violation is owned by a corporation or entity, the fine shall
be twice the maximum amount imposed for the offense.

(b) In case the vessel used in violation of this Act is foreign owned, the fine shall be thrice
the maximum amount imposed for the offense committed without prejudice to the
provision of Section 27 hereof.

(c) The captain of the vessel shall suffer the maximum duration of the imprisonment for
the offense committed.

Sec. 31. Subsidiary Imprisonment. ~ Non-payment of fines imposed under this Act shall
be subject to subsidiary imprisonment as provided for by existing laws.

Sec. 32. Fines and Forfeitures. — All administrative fines and forfeitures that may be
imposed by the PRPAMB under this Act, and the rules and regulations that may be promulgated
in pursuit of the goals and objectives of this Act shall form part of the funds and assets of the
PRNP.

In case of administrative confiscation or forfeiture of vessels, structures, effects, materials
and equipment and the same is not necessary for the proper prosecution of the offense charged,
the PRPAMB may sell the forfeited vessels, structures, effects, materials and equipment in a public
auction. Proceeds of the said sale shall accrue to the PRNP created under this Act. In case the
confiscated vessels, structures, effects, materials and equipment are in custodia legis, the
PRPAMB or its counsel, after proper proceedings may move for the sale of the confiscated or
forfeited vessels, structures, effects, materials and equipment pendente lite: Provided, That the
said vessels, structures, effects, materials and equipment is no longer necessary for the proper
prosecution of the offense or if the same is necessary but substitute evidence is accepted by the
court. The proceeds of the said sale shall likewise accrue to the PRNP Trust Fund created under
this Act.

Sec. 33. Violation of Other Laws. — Prosecution for violation of this Act shall be without
prejudice to the prosecution of the offender for violation of other laws, rules and regulations.

Sec. 34. Enforcement of this Act, Other Laws, Rules and Regulations Within the PRNP. ~
The Armed Forces of the Philippines through the Philippine Navy, the Philippine National Police,
the Philippine Coast Guard, the law enforcement officers of the DENR and the DA-BFAR, local
government unit (LGU) officials, law enforcement officers of LGUs, members and officers of the
PRPAMB, the PASu and his/her staff, and other deputized environment and natural resource

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officers, are hereby authorized and shall cooperate in the enforcement of this Act, other laws, rules
and regulations within the PRNP.

Any of the above persona and entities is authorized to file administrative cases before the
proper agencies and bodies, or initiate criminal proceedings in accordance with the Rules of Court,
for offenses committed within the PRNP.

Sec. 35. Special Prosecutors and Counsels.~ The Department of Justice, upon
recommendation of the PRPAMB, shall designate special prosecutors from among the state and
public prosecutors to do preliminary investigation and prosecute violations of this Act, other laws,
rules and regulations within the PRNP. Such special prosecutors shall coordinate with the
PRPAMB and the PRMO in the performance of his/her duties and assist in the training of wardens
and rangers in arrest and criminal procedure. The PRPAMB shall periodically submit an evaluation
of the performance of the designated special prosecutors to the Department of Justice (DOJ).

‘The PRPAMB may retain the services of a competent lawyer to prosecute and/or assist in
the prosecution of cases under the direct control and supervision of the regular or special
prosecutor and to defend the members of the PRPAMB, the PASu and the PRMO staff, or person
assisting in the protection, conservation and sustainable development of the PRNP, against any
legal action related to their powers, functions and responsibilities as provided in this Act or as
delegated or tasked by the PRPAMB.

Sec. 36. Citizen's Suits. — For the purposes of enforcing the provisions of this Act or its
implementing rules and regulations, any citizen may file an appropriate civil, criminal or
administrative action in the proper courts/bodies against:

(a) Any person who violates or fails to comply with the provisions of this Act its
implementing rules and regulations; or

(b) Those mandated to implement and enforce the provisions of this Act with respect to
orders, rules and regulations issued inconsistent with this Act; and/or

(©) Any public officer who willfully or grossly neglects the performance of an act
specifically enjoined as a duty by this Act or its implementing rules and regulations or
abuses his authority in the performance of his duty or, in any manner improperly
performs his duties under this Act or its implementing rules and regulations. The court
shall exempt such action from the payment of filing fees, upon prima facie showing of
the non-enforcement or violations complained of and exempt the plaintiff from the
filing of an injunction bond for the issuance of preliminary injunction.

In the event that the citizen should prevail, the court shall award reasonable attorney's fees,
moral damages and litigation costs as appropriate.

Sec. 37. Suits and Strategic Legal Action Against Public Participation (SLAPP) and the

Enforcement of this Act. ~ Where a suit is brought against a person who filed an action as provided
in Section 36 of this Act, or against any person, institution or government agency that implements

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this Act, it shall be the duty of the investigating prosecutor o the court, as the case may be, to
immediately make a determination not exceeding thirty (30) days whether said legal action has
been filed to harass, vex, exert undue pressure or stifle such legal recourses of the person
complaining of or enforcing the provisions of this Act. Upon determination thereof, evidence
warranting the same, the investigating prosecutor or the court, as the case may be, shall dismiss
the complaint. In addition, the court shall award the attorney's fees and double the amount of
damages.

This provision shall also apply and benefit public officers who are sued for acts committed
in their official capacity, there being no grave abuse of authority, and done in the course of
enforcing this Act.

Sec. 38. Convening the PRPAMB. ~ Within one (1) month upon the effectivity of this Act,
the interim PRPAMB shall convene to ensure that its composition and structure conform to the
provisions of this Act.

Sec. 39. Implementing Rules and Regulations. ~ Within six (6) months upon the effectivity
of this Act, the PRPAMB shall prepare the implementing rules and regulations of this Act.

Sec. 40. Appropriations. ~The DENR shall immediately include in the Department's and
Council's program the implementation of this Act, the funding of which shall be included in the
annual General Appropriations Act.

Sec. 41. Construction and Suppletory Application of Existing Laws. — The provisions of
this Act shall be construed liberally in favor of achieving biodiversity conservation, protection and
sustainable development. Provisions of Republic Act No. 7586, otherwise known as the "National
Integrated Protected Areas System (NIPAS) Act of 1992", Republic Act No. 8550, otherwise
known as “The Philippine Fisheries Code of 1998", Republic Act No. 9147, otherwise known as
the "Wildlife Resources Conservation and Protection Act” and existing environmental laws, and
their corresponding rules and regulations not inconsistent hereto shall have suppletory effect in the
implementation of this Act.

Sec. 42. Separability Clause. — If any part or section of this Act is declared unconstitutional
or otherwise invalid, such declaration shall not affect the other parts or sections hereof.

Sec. 43. Repealing Clause. — All laws, presidential decrees, executive orders, rules and
regulations inconsistent with this Act shall be deemed repealed or modified accordingly.

Sec. 44. Effectivity. This Act shall take effect immediately after its complete publication
in two (2) newspapers of general circulation.

Approved,

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