Republic of the Philippines
HOUSE OF REPRESENTATIVES
Constitution Hills
Quezon City

SIXTEENTH CONGRESS
First Regular Session

House Bill No. moe

Introduced by: Rep. Josephine Y. Ramirez Sato

EXPLANATORY NOTE

This bill seeks to declare the Apo Reef Natural Park in the
Municipality of Sablayan, in Occidental Mindoro, as a protected area.

The Apo Reef Natural Park (ARNP), which covers 15,792
hectares with a buffer zone of 11,677 hectares of marine area, is the
largest coral atoll-like reef in the Philippines. ARNP is one of the ten
(10) Priority Sites under the Conservation of Priority Protected Area
Project (CPPAP), a project funded under the World Bank. ARNP is
also included in the Philippines’ Tentative List of World Cultural
and Natural Heritage Sites which was submitted to the UNESCO-
National Commission of the Philippines.

The ARNP hosts to a variety of flora and fauna. Found in this
area are 46 species of terrestrial flora, seven species of seagrass and 26
species of algae. ARNP also consists of 47 species of birds, six species
of reptiles and seven species of mammals.

Recognizing the value of the area, the Apo Reef Natural
Park was established under the National Integrated Protected Areas
System (NIPAS) by virtue of Presidential Proclamation No. 868, dated
September 6, 1996.


This bill, therefore, seeks to declare the Apo Reef Natural Park
as protected in order to protect it from indiscriminate exploitation
and to be able to maintain its ecological balance.

Given the importance of biodiversity, it is deemed crucial that
we act on this now to ensure that our children and the succeeding
generations will inherit a living earth with all of its bountiful natural
resources and vibrant wildlife.

In view of the foregoing, the passage of this measure is earnestly

urged. e
HON. JOSEPHINE Y. RAMIREZ-SATO
Lone Diftrict o in i loro


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Constitution Hills
Quezon City

SIXTEENTH CONGRESS
First Regular Session

2901

House Bill No.

Introduced by: Rep. Josephine Y. Ramirez Sato

“AN ACT ESTABLISHING THE APO REEF IN SABLAYAN,
OCCIDENTAL MINDORO AS PROTECTED AREA UNDER THE
CATEGORY OF NATURAL PARK AND ITS PERIPHERAL
WATERS AS BUFFER ZONES, 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 1. Title. — This Act shall be known as the "Apo Reef Natural
Park (ARNP) Act of 2013."

Section 2. Declaration of Policy. — In view of the importance of Apo
Reef in Sablayan, Occidental Mindoro, its biodiversity and role in the
fisheries of the region, it is hereby declared the policy of the State to ensure
the protection and conservation of Apo Reef, its associated waters,
biodiversity and islands. Pursuant thereto, the State shall ensure the full
implementation of this Act, mobilize resources in order to put into operation
institutional mechanisms and full scientific and technical support for the
conservation of biodiversity and the integrity of the ecosystems in Apo Reef.

It shall further be the policy of the State to promote the Apo Reef,
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 Apo Reef.

Section 3. Scope and Coverage. — The boundaries of the Apo Reef
Natural Park (ARNP), situated in the Municipality of Sablayan,
Province of Occidental Mindoro, containing an approximate area of
fifteen thousand seven hundred ninety-two (15,792) hectares, are as
follows:

Control CM Latitude Longitude Northings —_Eastings

Points Cn C5) (Meters) (Meters)
ak: 123° 12-44-47 1120-27-22  1410356.242 223773.809
2 123 12-41-11 120-33-44 —1403605.487 235240.083
3 123 12-35-47 1120-29-57 1393709.839 228292.637
4 123 12-39-18 1120-23-46 1400336.616 217153.893

to point 1, the point of beginning.

The 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 ARNP shall be indicated on the map and/or
nautical chart.

Any modification of this Act due to factors such as changing
ecological situations, new scientific or archaeological findings, or
discovery of traditional boundaries not previously taken into account
shall be made through an Act passed by Congress after full
consultation with the affected public and concerned government
agencies.


Section 4. Buffer Zones. — Buffer Zones surrounding the ARNP,
containing an approximate area of eleven thousand six hundred
seventy-seven (11,677) hectares, are hereby established with the
following boundaries:

Control CM Latitude

Points C2)
1 123° 12-46-14
2 123 12-41-32
3 123 12-34-20
4 123° 12-38-57

Longitude
120-27-00
120-35-19
123-80-16
120-22-12

to point 1, the point of beginning.

Northings
(Meters)
1413043,227
1404229,656
1391042,803
1399689,788

Eastings
(Meters)
223151.990
238121.888
214329.440
214329.441

Section 5. Land Classification. - All lands of the public domain
comprising the Apo Reef Natural Park shall fall under the
classification of National Park as provided for in the Philippine
Constitution.

Section 6. Definition of Terms. - The following terms are hereby
defined for the purposes of this Act:

(a) "ARNP" refers to the Apo Reef Natural Park.

() "ARNP Revolving Fund" refers to the revolving fund to be
established for the purpose of financing projects in the ARNP.

(©) "Biodiversity" refers to variety and variability among living
organisms and the ecological complexes in which said organisms

occur.

(@) "Buffer Zones" refer to the identified areas outside the boundaries
of and immediately adjacent to the designated ARNP that need
special development control in order to avoid or minimize harm to

the ARNP.


(©) "Collection or Collecting" refers to the act of gathering or harvesting
wildlife, its by-products or derivatives.

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

(g) "Conservation" means the sustainable utilization of wildlife, and/or
maintenance, restoration and enhancement of the habitat.

(h) "Ecosystem" means the dynamic complex of plant, animal and
micro-organismn communities and their non-living environment
interacting as a functional unit.

@) "Endangered species" refer to species or subspecies that are not
critically endangered but whose survival in the wild is unlikely if
the causal factors continue operating.

i) "Exotic species" refer to species or subspecies of flora or fauna that
do not naturally occur within the ARNP at present or in historical
time.

(k) "Fishers/Fisherfolk" refers to people directly or personally engaged
in taking and/or culturing and processing fishery and/or aquatic
resources. They shall also include traditional fishers who are solely
dependent on fishing in ARNP for sustenance and livelihood.

() "Fishing 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 ARNID.

(m) "Habitat" means a place or type of environment where a species
or subspecies naturally occurs or has naturally established its
population.


(n) "Hunting" refers to collection of wild fauna for food and/or
recreational purposes with the use of weapons such as guns, bow
and arrow, spear and the like.

(0) "Introduction" means bringing species into the wild that is outside
its natural habitat.

(p) "Kayakas" refers to the fishing method known as the local version
of the muro-ami but smaller in size, using bamboo or trunk trees
as scaring devices aside from coconut or other leaves or materials
to drive the fishes and other marine resources out of the coral
reefs while at the same time pounding the corals.

(q) "Litter or Littering" refers to the disposal of small amount of non-
biodegradable solid waste materials, such as cigarette butts, candy
wrappers, plastic bags, bottles, and glasses in the ARNP which
may cause or contribute to the deterioration of the resources or
habitats in the ARNP.

(©) "Management Board' refers to the Management Board of the ARNP.

(8) "Management Plan" refers to the fundamental plan, strategy and/or
scheme which shall guide all activities relating to the ARNP in
order to attain the objectives of this Act.

(t) "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.

(u) "Muro-ami" refers to the method used in reef fishing consisting of
a movable bagnet, detachable wings and scarelines 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.


(v) "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,

(w) "Natural Park" refers to a relatively large area not materially
altered by human activity where extractive resource uses are not
allowed and maintained to protect outstanding natural and scenic
areas of national or international significance for scientific,
education and recreational use.

(x) "Non-Government Organization (NGO)" refers to an agency,
institution, a foundation or a group of persons whose purpose is
to assist peoples organizations/associations in various ways
including, but not limited to, organizing, education, training,
research and/or resource accessing.

(y) "Non-Renewable Resources" refer to those resources that cannot be
re-made, re-grown or regenerated on a scale comparative to its
consumption.

(2) "People's Organization (PO)" means a group of organized migrant
communities and or interested indigenous peoples which may be
an association, cooperative, federation, or other legal entity,
established to undertake collective action to address community
concerns and needs, and mutually share the benefits of the
endeavor.

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

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


(cc) "Protected Area Management Board (PAMB)" refers to a multi-
sectoral policy-making body for protected areas created in
accordance with Republic Act No. 7586 or the NIPAS Act of 1992.

(da) "Protected Area Superintendent (PASu)" refers to the Chief
Operating Department of Environment and Natural Resources
(DENR) officer of the ARNP.

(ce) "Protected Species" refers 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 Fauna and
Flora (CITES) and all its Appendices, the Bonn Convention on
Migratory Species, those specified under the red-list categories of
the International Union for the Conservation of Nature and
Natural Resources (IUCN), or any plant or animal which any
government agency and/or the ARNP may deem necessary for
conservation and preservation in the ARNP.

(f) "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 closed with a purse line. The net is then pulled
aboard the boat or boats until the resources are concentrated in the
bunt or bag.

(gg) "Resources" refers to all natural endowments, whether aquatic or
terrestrial, living or non-living, found in ARNR

(hh) "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.

(i) "Waste" refers to discarded items of solid, liquid, contained
gaseous or semisolid form, and from whatever source, which may
cause or contribute to the deterioration of the resources or habitats
in the ARNP.


Section 7. Management Plan. — There shall be a management plan
promulgated for the ARNP that shall serve as the basic long-
term framework plan in the management of the protected area
and guide in the preparation of its annual operations plan and budget.

Within one (1) year from the effectivity of this Act, the management
plan shall have been put into effect following the general
management planning strategy provided for under the NIPAS Act
and according to the procedure herein set forth. It shall contain,
among others, the following:

(a) The category of the protected area;

(b) Period of applicability of the plan;

(©) Key management issues;

(d) Goals and objectives of management in support of Section 2
hereof;

(©) Site management strategy;

(f) Major management activities, such as, but not limited to
enforcement of laws, habitat and wildlife management,
sustainable use management, infrastructure development and
maintenance, and fire and pest control;

(g) Zoning; and

(h) Visitor management programs.

‘The management plan shall be prepared by the Protected Area
Superintendent (PASu) in coordination with the appropriate offices of
the department, local communities and the NGOs. It shall be reviewed
and approved by the Management Board and certified by the
Secretary of the Department, Such certification shall be mandatory to
ensure that the plan conforms to all laws and the applicable rules and
regulations issued by the Department: Provided, however, That the
Secretary may revise and modify the protection and conservation plan,
after consultation with Management Board, prior to certification to
ensure conformity with applicable laws, rules and regulations.

A year before the expiration of the period of the applicability of
the plan in effect, the PASu shall cause publication of notices for
comments and suggestions on the successor plan in a newspaper of
general circulation in the concerned municipalities. Notices shall also
be posted in the respective provincial and municipal halls of the
concerned provinces and municipalities as well as in the barangay

10


halls bounding or immediately adjacent to the protected landscape.
The proposed plan shall be made available to the public during the
period for comment and a final plan shall likewise be made available
for public perusal at the Office of the PASu upon the approval of the
Management Board: Provided, That the plans shall be plainly written in
a language understandable in the area.

Section 8. Management of the Apo Reef Natural Park. — Pursuant to
Section 11 of Republic Act No. 7586 or the NIPAS Act of 1992, there
shall be a Management Board which shall have jurisdiction, power
and authority over the ARNP for all matters that may affect
biodiversity conservation, protection and sustainable development. It
shall be composed of:

(1) The Regional Executive Director, DENR Region 4B as
Chairperson;

(2) The Provincial Planning and Development Officer/Coordinator;

(3) The Mayor of the Municipality of Sablayan or his duly designated
representative;

(4) One (1) representative chosen from among the coastal barangays
in the municipality of Sablayan;

(6) One (1) representative from each department or national
government agency directly involved in the ARNP or with long
term projects or permanent facility located therein;

(6) At least three (3) representatives from accredited NGOs operating
within Sablayan chosen from among themselves in a meeting duly
called for the purpose; and

(7) At least two (2) representatives from accredited POs operating
within Sablayan chosen from among themselves in a meeting
duly called for the purpose.


Each member of the ARNP shall serve for a term of five (5) years
and shall be considered to represent his or her sector and deemed to
carry the vote of such sector in all matters. In the case of members
who are government officials, the term of office shall be attached to the
office held.

‘The members of the Management Board shall be appointed by
the Secretary of the DENR in conformity with the provisions of the
NIPAS Act.

As a transitory provision, the initial members of the
Management Board shall be nominated from the current members of
the interim Management Board: Provided, That at least one-third (1/3)
of the members thereof shall be women.

In the selection of the representatives of POs and NGOs,
preference shall be accorded to those organizations that are involved
in the conservation, protection and development of the ARNP.

Representation shall be by institution and shall aim to achieve
balance in representation by geographic location or areas.

The representatives from the local government units (LGUs) and
national agencies in the Management Board shall include among their
duties, the duty to inform their respective constituents, office or sector,
of Management Board-approved or other relevant policies, rules,
regulations, programs and projects and ensure that the provisions of
this Act, the NIPAS Act and its implementing rules and regulations are
observed, complied with and used as reference and framework in
their respective plans, policies, programs and projects. Failure to
comply with the foregoing shall subject such representative to
disciplinary action as the Management Board may provide.

The members of the Board shall not receive any salary but shall
be entitled to reimbursements for actual and necessary expenses
incurred, either in their attendance in meeting of the Board or in
connection with other official business authorized by a resolution of
the Board, subject to existing rules and regulations.


Section 9. Powers and Functions of the Management Board, — The
Management Board shall have the following powers and functions in
addition to those provided under the NIPAS Act of 1992 and its
Implementing Rules and Regulations:

(a) Issue rules and regulations to prohibit acts that may be prejudicial to
the ARNP and to the declaration of policy set forth under the NIPAS
Act;

(b)Issue rules and regulations for the resolution of conflicts through
appropriate and effective means;

(0) Issue rules and regulations for the discipline and removal of its
officers and members;

(d) Adopt rules and procedures in the conduct of business, including the
cteation of committees to which its powers may be delegated;

(e) Approve the management plan and oversee the office of the Protected
Area Superintendent (PASu);

( Establish criteria and set fees for the issuance of permits for activities
regulated by this Act or the management plan;

(g)Recommend the deputization of appropriate individuals for the
enforcement of the laws, rules and regulations governing the
conduct or management of the ARNP;

(h) Approve fees and charges in accordance with existing
guidelines/ policies and raise funds for the ARNP;

(i) Report to the DENR, on a quarterly basis, the status of the
implementation of this Act, with emphasis on the disbursement of
funds appropriated for the execution of the various policies and
programs hereunder, and on the status of cases for the prosecution of
violations of this Act;

@) Formulate programs for the promotion, training and information
dissemination pertaining to the Apo Reef and its significance as a vital
natural resource of the country;


(k) Manage the allocation of the ARNP and other funds for the ARNP,
ensure their proper administration, and render accounting; and

()) Recommend appropriate policy changes to the DENR and other
government authorities.

‘The DENR, through the Regional Executive Director (RED), shall
ensure that the Management Board acts within the scope of its powers
and functions. In case of a conflict between administrative orders
issued by the DENR pursuant to the NIPAS Act and the rules issued
by Management Board, the Secretary of the DENR shall decide
whether to apply the rule or withdraw its application.

Section 10. Incentives of Management Board Members. -In
addition to actual and necessary traveling and subsistence expenses
incurred in the performance of their duties, Management Board
members may be granted allowances and insurance coverage in
attending Board meetings. These expenses may be included in the
budget for the ARNP.

Section 11. Protected Area Superintendent (PASu Office). — There is
hereby established a PASu Office in charge of the implementation of
the projects, programs and policies for the management, protection
and administration of the ARNP. It will be headed by a Protected
‘Area Superintendent (PASu) and shall be supported by the existing
personnel of the DENR. The PASu shall be the Chief Operating
Officer of the ARNP and shall be accountable to the RED of the
DENR and the Management Board. The PASu shall have the
following duties and responsibilities in addition to those provided
under existing laws and regulations;

(@) Establish, operate and maintain a database management system as
decision support tool;

(b) Prepare and execute the management plan for the ARNP;
(©) Provide a secretariat for the ARNP and supply the Management

Board with all the information necessary to make appropriate
decisions for the implementation of this Act;


()Enforce the laws, rules and regulations relevant to the ARNP and
assist in the prosecution of offenses;

(e) Supervise all activities within the ARNP to ensure its conformity with
the management plan;

( Ensure the integration of the ARNP management policies,
regulations, programs and projects at all the concerned national and
local government unit levels;

(g)Implement the promotion, training and information campaign
programs as formulated by the Management Board;

(h) Report to the Management Board, on a quarterly basis, the status of
the implementation of the various programs under this Act, such as,
but not limited to, the database management system, the management
plan of the ARNP, and the enforcement of the laws, rules and
regulations relevant to the ARNP and the prosecution of the
violations thereof;

(i) Recommend to the DENR the issuance of permits based on terms,
conditions and criteria established by the Management Board; and

(j) Perform other functions as the Management Board may delegate.

The PASu shall be supported by a sufficient number of
personnel who shall be performing day to day management,
protection and administration of the ARNP. All position titles and
items of the DENR employees detailed with the ARNP at the time of
the effectivity of this Act shall be transferred to form part of the PASu
Office.

Section, 12. Seasonal Fishing Privileges — Fishers who migrate to
ARNP seasonally for ‘traditional fishing and other activities that have
benign impact on the sustainability and biodiversity of the reef shall be
allowed to continue such activities. Provided, That commission of any
of the prohibited acts herein or failure to report such acts when
observed shall cause the cancellation of such rights.


Section 13. Special Prosecutors and Counsels. — Within thirty (30)
days from the effectivity of this Act, the Department of Justice (DO)
shall appoint a special prosecutor to whom all cases of violation of
laws, rules and regulations in the ARNP shall be assigned. Such
special prosecutor shall coordinate with the Management Board and
the PASu in the performance of his/her duties and assist in the
training of wardens and rangers in arrest and other criminal
procedures. The Management Board may retain the services of a
counsel 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 Management Board, the PASu and
the staff, or any person assisting in the protection, conservation and
sustainable development of the ARNP, against any legal action related
to their powers, functions and responsibilities as provided in this Act
or as delegated or tasked by the Management Board.

Section 14. Unauthorized Entry, Enjoyment or Use. — No person or
entity shallenter, enjoy or utilize any portion of the ARNP and the
resources therein for whatever purpose without prior permission from
the Management Board as herein provided.

The ARNP shall be off limits to navigation, except for activities
that are sanctioned by the Management Board such as, but not limited
to, tourism and research. Except in emergency situations, it shall be
unlawful to enter ARNP without prior permission from the
Management Board 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.

Violation of this Section shall subject the responsible person or
entity to an administrative fine of not less than Twenty thousand
pesos (P20,000.00) and not more than One hundred thousand pesos
(P100,000.00), as may be determined by the Management Board. If the
violator is a commercial fisher/fisherfolk, the fine shall be Five
hundred thousand pesos (P500,000.00)..


Section 15. Damages to the Reef. — Damages to the reef shall subject
the responsible person or entity to the payment of administrative fines
set by the Management Board based on current valuation standards
and to the payment of the cost of restoration.

Section 16. Non-payment of Users' Fees. — It shall be unlawful for
any person or entity to enjoy or utilize the ARNP and the resources
therein without payment of conservation fees as may be imposed by
the Management Board.

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 Management Board for the activity
undertaken.

Section 17. 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 ARNP. Violation of this Section shall be
penalized with an administrative fine of not less than Ten thousand
pesos (P10,000.00) and not more than Fifty thousand pesos
(P50,000.00).

Section 18. Dumping of Waste and Littering. — 1t shall be unlawful
for any person or entity to dump waste inside the ARNP. It shall
likewise be unlawful to clean and change the oil of vessels within the
ARNP.

Violation of this provision shall be punishable by imprisonment
of six (6) years and one (1) day to twelve (12) years and/or fine of One
hundred Thousand Pesos (P 100,000.00) plus an additional fine of
Twenty Thousand Pesos (P20,000.00) to Fifty Thousand Pesos
(P 50,000.00) for every day that each violation subsists. The
Management Board shail impose an administrative fine of not less
than Fifty Thousand Pesos (P 50,000.00) and not more than One
Hundred Thousand Pesos (P 100,000.00), 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 ARNP.

Violation of this provision shall be penalized by the
Management Board with administrative fine ranging from Five
Thousand Pesos (P 5,000.00) to Ten Thousand Pesos (P 10,000.00).

Section 19. Bioprospecting without Permit. — It shall be unlawful to
conduct bioprospecting within the ARNP without prior permit from
the Management Board and other concerned agencies.

Violation of this Section shall be punished with imprisonment of
six (6) months to six (6) years; fine of Five hundred thousand pesos
(P 500,000.00) to One Million Pesos (P 1,000,000.00); and forfeiture of
the resources subject of the offense, equipment, gears and vessels. The
Management Board shall also impose administrative fine ranging
from Five Hundred Thousand Pesos (P 500,000.00) to One Million
Pesos (P 1,000,000.00); and confiscation and forfeiture of the resources
subject of the offense, equipment, gears and vessels.

Section 20. Introduction of Exotic Species. — It shall be unlawful to
introduce exotic species of plants or animals into the ARNP.

Violation of this Section shall be punished with imprisonment of
six (6) months to six (6) years; fine of One Hundred Thousand Pesos
(P 100,000.00) to One million pesos (P 1,000,000.00); and forfeiture of
the resources subject of the offense, equipment, gears and vessels. The
Management Board shall also impose administrative fine ranging
from Two Hundred Thousand Pesos (P 200,000.00) to One Million
Pesos (P 1,000,000.00); and confiscation and forfeiture of the resources
subject of the offense, equipment, gears and vessels.

Section 21. Hunting, Catching, Fishing, Killing, Taking, Gathering,
Removing, Destroying, Disturbing, or Possessing Resources. —
Except in cases of emergency and safety, 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

18


non-living, or products derived there from, without a permit from the
Management Board and such other permits as may be required by law,
rules and regulations. The unauthorized entry of a vessel in the ARNP
shall be prima facie evidence of violation of this Section.

Violation of this Section shall be punished as follows:

(1) 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 results in physical injury or loss of human
life; fine ranging from One hundred Thousand Pesos
(P 100,000.00) to Three Hundred Thousand Pesos
(P 300,000.00); and forfeiture of the resources subject of the
offense, equipment, gears and vessels. The Management Board
shall also impose administrative fine ranging from Forty
Thousand Pesos (P 40,000.00) to One Hundred Fifty Thousand
Pesos (P 150,000.00); and confiscation and forfeiture of the
resources subject of the offense, equipment, gears and vessels.

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 ARNP shall constitute
prima facie evidence that the same was, used in violation of this
Act, The discovery in any vessel or in the possession of any
person within the ARNP of resources caught, taken, killed,
removed, gathered or destroyed with the use of explosives,
noxious or poisonous substances shall constitute prima facie
evidence of violation of this Act;

2) Where the offender merely possesses explosives,
noxious or poisonous substances, within the ARNP, the
punishment shall be imprisonment ranging from six(6) years
and one (1) day to twelve (12) years; fine ranging from Fifty
thousand pesos (P50,000.00) to One hundred thousand pesos
(P100,000.00); and forfeiture of fish catch, fishing equipment
and vessels. The Management Board shall also impose
administrative fine ranging from Forty thousand pesos
(P40,000.00) to One hundred fifty thousand pesos
(P 150,000.00); and confiscation and forfeiture of the resources

19


subject of the offense, equipment, gears and vessels;

(3) Where the offender takes, removes, fishes, gathers,
kills, destroys or possesses corals, except for scientific or
research purposes authorized by the Management Board, the
penalty shall be imprisonment ranging from six (6) years and
one (1) day to twelve (12) years; fine ranging from
Twenty Thousand Pesos (P 20,000.00) to Eighty thousand
pesos (P 80,000.00); and forfeiture of the corals, equipment,
gears and vessels. The Management Board shall also
impose administrative fine ranging from Thirty Thousand
Pesos (P 30,000.00) to One hundred Thousand Pesos
(P 100,000.00); and confiscation and forfeiture of the corals
subject of the offense, equipment, gears and vessels;

(4) 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 Management
Board, other laws, the Department of Agriculture, or the
DENR, the operator, boat captain, master fisherman, and
recruiter or organizer of fishworkers involved shall suffer a
penalty of six (6) years and one (1) day to twelve (12) years
imprisonment; fine of not less than One Hundred Thousand
Pesos (P100,000.00) but not more than Five Hundred Thousand
Pesos (P500,000.00); and forfeiture of catch, fishing equipment,
gears and vessels. The Management Board shall also impose
administrative fine ranging from Four hundred Thousand
Pesos (P 400,000.00) to One Million Pesos (P 1,000,000.00); and
confiscation and forfeiture of catch, fishing equipment, gears
and vessels: Provided, That the offender acting upon the orders
of the operator, boat captain, master fisherman, and recruiter or
organizer of fishworkers shall suffer a penalty one degree
lower; fine of not less than Fifty Thousand Pesos (P 50,000.00)
and not more than One Hundred Thousand Pesos (P
100,000.00);

(©) 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 ARNP,
the penalty shall be six (6) years and one (1) day to twelve
(12) years imprisonment; fine of not less than Thirty
Thousand Pesos (P 30,000.00) but not more than Five

20


Hundred Thousand Pesos (P 500,000.00); and forfeiture of
the substance taken from the habitat, and the equipment
and vessels used to commit such violation, The
Management Board shall also impose administrative fines
ranging from Thirty Thousand Pesos (P 30,000.00) to
Seven Hundred Thousand Pesos (P 700,000.00); and
confiscation and forfeiture of the substance taken, and
equipment and vessels used in the commission of the
violation.

Muro-Ami, pa-aling, all kinds of trawls (galadgad,
Norway), purse seine (pangulong), Danish seine (hulbot-hulbot,
paluilbot-hulbot, likisan, liba-liba, palisot, patungko, bira-biru, buli-
buli, hulahoop, zipper, lampornas, etc.), ring net (kubkob, pangulong,
kalansisi), drive-in net (kayakas), round haul seine (sapyaw,
lawag), motorized push net (sudsad), bagnet (basnig, saklit), or
any of their variations, are hereby declared destructive fishing,
methods or gears under this provision;

(6) Where the offender gathers or removes pebbles,
stones, rocks, sand or other materials that form part of the
habitat, or otherwise engages in the quarrying or dredging of
any portion of the ARNP, the penalty shall be six (6) years and
one (1) day to twelve (12) years imprisonment; fine of not less
than Thirty thousand pesos (P30,000.00) but not more than Five
Hundred Thousand pesos (P500,000.00); and forfeiture of the
substance taken from the habitat, and the equipment and
vessels used to commit such violation. The Management Board
shall also impose administrative fines ranging from Thirty
Thousand Pesos (P 30,000.00) to Seven Hundred Thousand
Pesos (P 700,000.00); and confiscation and forfeiture of the
substance taken, and equipment and vessels used in the
commission of the violation;

(7) Where the subject of the offense are protected species
as defined in this Act, the penalty shall be imprisonment of
twelve (12) years to twenty (20) years; fine of not less than One
hundred twenty thousand pesos (P120,000.00) and not more
than 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 Management Board shall

21


also impose administrative fine ranging from One Hundred
Fifty Thousand Pesos (P150,000.00) to One Million Pesos
(P 1,000,000.00) for every threatened or endangered organism
subject of the offense; and confiscation and forfeiture of catch,
equipment, gears and vessels; and

(8) Where the violations of this Section are not covered
by the preceding Paragraphs, the penalty shall be
imprisonment of one (1) year to three () years; fine of not less
than Ten Thousand Pesos (P 10,000.00) but not more than One
Hundred Thousand Pesos (P 100,000.00); and forfeiture of the
catch, equipment, gears and vessels; and cancellation of permit
that makes it possible for the offender to commit the offense.
The Management Board shall also impose administrative fine
ranging From Fifteen Thousand Pesos (P 15,000.00) to One
Million Pesos (P 1,000,000.00); and confiscation and forfeiture of
catch, equipment, gears and vessels.

Section 22. Poaching by Foreigners. - It shall be unlawful for any
foreign person, corporation or entity to fish or operate any fishing
vessel in the ARNP. The entry of any foreign fishing vessel in the
ARNP 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 ARNP shall be prima
facie evidence that the vessel is engaged in fishing in the Park.

Violation of the above shall be punished by imprisonment of six
(© years and one (1) day to twelve years (12) years and a fine of One
hundred thousand US 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 Management Board is empowered
to impose an administrative fine of not less than Fifty thousand US
dollars (US$50,000.00), but not more than Two hundred thousand US
dollars (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 shali not be less than One
hundred thousand US dollars(US$100,000.00).

2


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.

Section 23. Violation of Environmental Impact Assessment System.
— The Management Board 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 Management Board shall also
impose administrative 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 confiscation
and forfeiture of the vessels, structures, effects, materials and
equipment used, and the products of such violation.

Section 24. Violation of Standards. - The owner, operator and top
three (3) officers of any vessel violating the standards set by the
Management Board, such as, but not limited to, safety and sanitation
standards, shall suffer administrative penalty of fine ranging from
Twenty Thousand Pesos (P 20,000.00) to Fifty Thousand Pesos
(P 50,000.00) for every day each violation subsists, and from
suspension of three (3) months to cancellation of permit to operate in
ARNP.

Section 25. 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 ARNP to perform his/her duty, shall be
administratively fined Fifty Thousand Pesos (P 50,000.00). In addition,
the registration, permit and/or license of the vessel including the
license of the officers thereof shall be canceled.


Section 26. Subsidiary Imprisonment. — Non-payment of judicial
fines imposed under this Act shall be subject to subsidiary
imprisonment as provided for by existing laws.

Section 27. Fines and Forfeitures, — All administrative fines and
forfeitures that may be imposed by the Management Board 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 ARNP.

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
Management Board may sell the forfeited vessels, structures, effects,
materials and equipment in a public auction. Proceeds of the said sale
shall accrue to the ARNP created under this Act.

In case of confiscated vessels, structures, effects materials and
equipment are in custodia legis, the Management Board 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 are 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 shalll likewise accrue to the
ARNP Fund created under this Act.

Section 28. 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.

Section 29. The ARNP Revolving Fund. - There is hereby established
a revolving fund to be known as ARNP Revolving Fund for purposes
of financing projects of the ARNP. All income generated from the
operation of the ARNP or management of wild flora and fauna

24


therein shall accrue to said fund. This income shall be derived from
visitor/tourist fees, fees from permitted sale and export of flora and
fauna and other resources from the ARNP, proceeds from registration
and lease of multiple-use areas, including tourism concessions,
contributions from industries and facilities directly benefiting from
the ARNP; and such other fees and income derived from the
operation of the ARN P.

The ARNP Revolving Fund may be augmented by grants,
donations, endowment from various sources, domestic or foreign, for
purposes related to their functions: Provided, That seventy-five
percent (75%) of all such collections shall be set aside and retained by
the Management Board of ARNP, which shall appropriate the same
exclusively for the management and operation of the ARNP: Provided,
further, That the remaining twenty-five percent (25%) shall be
remitted to the Integrated Protected Areas Fund (IPAF), The
Management Board shall have the sole power to decide on the use of
its funds from whatever source.

Donations, grants and endowments to ARNP shall be exempt
from 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.

Section 30. Energy and Non-renewable Resources. - Any exploitation
or utilization of non-renewable resources within the ARNP shall not
be allowed. Renewable energy projects within the ARNP shall be
allowed only through an act of Congress, except energy from wind,
sun, and water sources and not more than one (1) megawatt capacity
for mini-hydro power: Provided, That these renewable energy projects
are established outside the strict protection zone, adopt reduced
impact technologies and undergo the Environmental Impact
‘Assessment (EIA) system as provided by law: Provided, further, That
the endorsement of the Management Board has been obtained,

Section 31. Appropriations. - The Secretary shall immediately include
in the DENR's program the implementation of this Act, the funding
of which shall be included in the annual General Appropriations Act

25


Section 32. Construction and Suppletory Application of Existing
Law. - 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 Management Act of 1992
and existing forestry laws, and their corresponding rules and
regulations not inconsistent hereto shall have the suppletory effect in
the implementation of this Act.

Section 33. Repealing Clause - For the purpose of this Act, Sections
11, 15, 20, and 21 of Republic Act No, 7586 are hereby modified, all
other laws, rules and regulations inconsistent with the Act are hereby
repealed or modified accordingly. The prohibition and penalties
under Republic Act No, 7586 are hereby superseded for the entire
area covered by this Act.

Section 34. Separability Clause. - The provisions of this Act are
hereby declared to be separable, and in the event one or more of such
provisions are held unconstitutional, the validity of other provisions
shall not be affected thereby.

Section 35. Effectivity Clause. - This Act shall take effect fifteen (15)
days after its complete publication in the Official Gazette or in a
national newspaper of general circulation available in the ARNP.

Approved,