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FOURTEENTH CONGRESS OF THE 
1 
First Regular Session 
) 
) 
7 JUL -t3 
I i .- 
REPUBLIC OF THE PHILIPPINES 
Introduced by SENATOR COMPANERA PIA S. CAYETANO 
EXPLANATORY NOTE 
This bill seeks to declare the Apo Reef Natural Park in the Municipality of Sablayan, 
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 (IO) 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. 
in Occidental Mindoro, as a protected area. 
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. 


FOURTEENTH CONGRESS OF THE } 
REPUBLIC OF THE PHILIPPINES 
I 
First Regular Session 
1 
S E N A T E  
S.NO. I068 
Introduced by Senator Pia S. Cayetano 
AN ACT 
ESTABLISHING THE APO REEF IN SABLAYAN, OCCIDENTAL MINDORO AS A 
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 the House of Represenfafives of the Philippines in Congress assembled: 
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SECTION 1. Title. - This Act shall be known as the "Apo Reef Natural Park 
(ARNP) Act of 2007". 
SEC. 2. 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. 
SEC. 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 
(1 5,792) hectares, are as follows: 
Control 
CM () 
Latitude 
Longitude Northings 
Eastings 
Points 
(" ' ' I )  
(" ' "1 
(Meters) 
(Meters) 
1 
123 
12-44-47 120-27-22 
141 0356.242 
223773.809 
2 
123 
12-41 -1 1 120-33-44 
1403605.487 
235240.033 
3 
123 
12-35-47 120-29-57 
1393709.839 
228292.637 
4 
123 
12-39-18 120-23-46 
1400336.616 
2217153.893 
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. 
SEC. 4. Buffer Zones. - Buffer Zones surrounding the ARNP, containing an 
approximate area of eleven thousand six hundred seventy-seven (1 1,677) hectares, 
are hereby established with the following boundaries: 
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Control 
CM 
Latitude 
Longitude 
Northings 
Eastings 
Points 
(Meters) 
(Meters) 
1 
123 
12’46’14“ 
120”27’00 1413043.227 
223 15 1.990 
2 
123 
12”41’32” 
120”35’19 1404229.656 
238121.888 
3 
123 
12”34’20” 
123O30’16 1391 042.803 
228863.890 
4 
I 
23 I 
238‘57” 
120-22’12” 
I 
399689.788 
21 4329.441 
SEC. 5. Definition of Terms. - The following terms are hereby defined for the 
purposes of this Act: 
a) ”Biodiversity” shall refer to variety and variability among living organisms and 
the ecological complexes in which said organisms occur. 
b) “Buffer Zones” are 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. 
c) “Collection or collecting” is the act of gathering or harvesting wildlife, its by- 
d) “Commercial fishers/fisherfolk“ shall refer to persons who catch fish and 
products or derivatives. 
other fishery products using fishing vessels of more than three (3) gross tons. 
maintenance, restoration and enhancement of the habitat. 
e) “Conservation” shall mean the sustainable utilization of wildlife, and/or 
f) “Ecosystem” shall mean the dynamic complex of plant, animal and micro- 
organism communities and their non-living environment interacting as a functional 
unit, 
g) “Electro-fishing” shall refer to the use of electricity generated by batteries, 
electric generator and other source of electric power to kill, stupefy, disable or render 
unconscious aquatic organisms, whether of not the same are subsequently recovered. 
h) “Endangered species” shall refer to species or subspecies that is not critically 
endangered but whose survival in the wild is unlikely if the causal factors continue 
operating. 
i) “Exotic species” shall refer to species or subspecies of flora or fauna that do 
not naturally occur within the ARNP at present or in historical time. 
j) “Fishers/Fisherfolk” shall refer 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 soley dependent on fishing in ARNP for 
sustenance and livelihood. 
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k) “Fishing Gear” shall refer to any instrument or device and its accessories 
utilized in taking, catching, gathering, killing, hunting, destroying, disturbing, removing 
or possessing resources within the ARNP. 
I) “Habitat“ shall mean a place or type of environment where a species or 
m) “Hunting” shall refer to collection of wild fauna for food andlor recreational 
n) “Introduction” shall mean bringing species into the wild that is outside its 
0) “Kayakas” shall refer 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. 
subspecies naturally occurs or has naturally established its population. 
purposes with the use of weapons such as guns, bow and arrow, spear and the like. 
natural habitat. 
p) “Litter or Littering” shall refer to the disposal of small amount of non- 
biodegradable solid waste materials, such as cigarette butts, candy wrappers, plastic 
bags, bottles, glasses, in the ARNP which may cause or contribute to the deterioration 
of the resources or habitats in the ARNP. 
q) “Management plan” shall refer to the fundamental plan, strategy andlor 
scheme which shall guide all activities relating to the ARNP in order to attain the 
objectives of this Act; 
r) ”Municipal fisherslfisherfolk” shall refer 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. 
s) “Muro-ami” shall refer to the method used in reef fishing consisting of a 
movable bagnet, 
detachable wings 
and 
scarelines 
having 
plastic strips 
and/ironlsteel/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 ironlsteellstone or rock making it destructive to corals. 
t) “National Integrated Protected Areas System (NIPAS)” shall refer 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. 
u) “Natural Park” shall refer 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. 
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v) “Non-Government Organization (NGO)” shall refer to an agency, institution, a 
foundation or a group of persons whose purpose is to assists peoples 
organizations/associations in various ways including, but not limited to, organizing, 
education, training, research and/or resource accessing. 
w) “Non-Renewable Resources” shall refer to those resources found within the 
ARNP, the natural replenishment rate of which is not known; 
x) “People’s Organization” shall mean 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. 
y) “Protected Area” shall refer 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. 
z) “Protected Area Management Board (PAMB)” shall refer to a multi-sectoral 
policy-making body for protected areas created in accordance with RA 7586 or the 
NIPAS Act of 1992. 
aa) “Protected Species” shall refer to any plant or animal declared protected 
under Philippine laws, rules, and regulations. These shall include all species listed 
under the Covention 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. 
bb) “Purse Seine” shall refer 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 
pursued. 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. 
CC) “Resources” shall refer to all natural endowments, whether aquatic or 
terrestrial, living or non-living, found in ARNP. 
dd) “Vessel” includes every description of watercraft, including non- 
displacement crafts and seaplanes, used or capable o being used as a means of 
transportation on water. It shall include everything found therein, except personal 
effects. 
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ee) ‘Waste” shall refer to discarded items of solid, liquid, contained gaseous or 
semisolid from, and from whatever source, which may cause or contribute to the 
deterioration of the resources or habitats in the ARNP. 
SEC. 6. Creation and Composition of the Apo Reef Natural Park 
Management Board - Pursuant to Section 11 of RA 7586 or the NIPAS Act of 1992, 
there shall be a PAMB 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 Chair Chairperson; 
2. The Provincial Planning and Development Officer/Coordinator; 
3. The Mayor of the Municipality of Sablayan or his duly designated 
4. One representative each from the Barangays having jurisdiction over ARNP; 
5. 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 
7. At least Two (2) representatives from accredited POs operating within 
Every member of the PAMB 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 case of members who are government official, the membership shall 
be attached to the office held. 
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 PAMB shall be appointed by the Secretary in conformity 
with the provisions of the NIPAS Act. As a transitory provision, the initial members of 
the PAMB shall be nominated from the current members of the interim PAMB. Their 
nominations shall be conducted in a joint meeting of the current members of the 
interim PAMB duly called for the purpose: Provided, further, That at least one third of 
the members thereof shall be women. 
representative; 
Sablayan chosen among themselves in a meeting duly called for the purpose; 
Sablayan chosen among themselves in a meeting duly called for the purpose; 
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. 
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The representatives from the local government units (LGUs) and national 
agencies in the PAMB shall include among their duty, to inform their respective 
constituents, office or sector, of PAMB approved or other relevant policies, rules, 
regulations, programs and projects and ensure that the provisions of this Act 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 PAMB 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. 
SEC. 7. lncentives of PAMB members -An addition to actual and necessary 
traveling and subsistence expenses incurred in the performance of their duties, PAMB 
members may be granted allowances and insurance coverage in attending Board 
meetings. These expenses may be included in the budget for the ARNP. 
SEC. 8. Ru/es of Procedures. - The PAMB shall determine by appropriate 
resolution its procedural rules, which shall include discipline and removal of its officers 
and members, 
SEC. 9. Powers and Functions of the PAMB. - The PAMB shall have the 
following powers and functions in addition to those provided under the NIPAS Act of 
1992 and its Implementing Rules and Regulations: 
ARNP and to the declaration of policy set forth under the NIPAS Act; 
a. Issue rules and regulations to prohibit acts that may be prejudicial to the 
b. Issue rules and regulations for the resolution of conflicts through appropriate 
and effective means; 
c. Adopt rules and procedures in the conduct of business, including the creation 
of committees to which its powers may be delegated; 
Superintendent (PASu); 
d. Approve the management plan and oversee the office of the Protected Area 
e. Establish criteria and set fees for the issuance of permits for activities 
regulated by this Act or the management plan; 
f. Recommend the deputization of appropriate individuals for the enforcement 
of the laws, rules and regulations governing the conduct or management of the ARNP; 
g. Approve fees and charges in accordance with DAO 51, Series of 2000 and 
h. Manage the allocation of the ARNP, and other funds for the ARNP, ensure 
raise funds for the ARNP; 
their proper administration and render accounting; and 
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i. Recommend appropriate policy changes to the DENR and other government 
The DENR, through the Regional Executive Director (RED), shall ensure that 
the PAMB acts within the scope of its powers and functions. In case of a conflict 
between administrative orders issued by the DENR pursuant to the NlPAS Act and the 
issued by PAMB, the Secretary of the DENR shall decide whether to apply the rule or 
withdraw its application from the ARNP. 
authorities. 
SEC. I O .  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 Chief Operating Officer of the 
ARNP and shall be accountable to the RED of the DENR and the PAMB. The PASu 
shall have the following duties and responsibilities in addition to those provided under 
existing laws and regulations: 
a. Establish, operate and maintain a database management system as decision 
b. Prepare and execute the management plan for the ARNP; 
c. Provide a secretariat for the ARNP and supply the PAMB with all the 
information necessary to make appropriate decisions for the implementation of this 
Act; 
support tool; 
d. 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; 
programs and projects at all the concerned national and local government unit levels; 
conditions and criteria established by the PAMB; and 
f. Ensure the integration of the ARNP management policies, regulations, 
g. Recommend to the DENR the issuance of permits based on terms, 
h. Perform other functions as the PAMB 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. 
SEC. 11. Seasonal Fishing Rights. - 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 
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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. 
SEC. 12. Unauthorized Entry, Enjoyment or Use. - The ARNP shall be off 
limits to navigation, except for tourism and research activities that are sanctioned by 
the PAMB. Except in emergency situations, it shall be unlawful to enter the ARNP 
without prior permission from the PAMB or the PASu, as herein provided. It shall also 
be unlawful to enter-or use for any purpose any management zone beyond which the 
activity being undertaken is permitted. This rule shall similarly apply to the use of 
vehicles, 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 Fifty Thousand Pesos (P50,OOO.OO) to One Hundred Thousand 
Pesos (PlOO,OOO.OO), as may be determined by the PAMB. 
SEC. 13. 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 users' 
fees as may be imposed by the PAMB. Violation of this Section shall be penalized 
with an administrative fine of double the amount set by the PAMB for the activity 
undertaken. 
SEC. 14. Unauthorized Anchorage. - Except in emergency situations, it shall be 
unlawful for any person or entity to anchor outside the designated areas determined 
by the PAMB. 
Violation of this Section shall be penalized with an administrative fine of not less 
than Ten Thousand Pesos (PlO,OOO.OO) and not more than Fifty Thousand Pesos 
(P50,OOO.OO). 
SEC. 15. Dumping of Waste and Littering. - It shall be unlawful for any person 
or entity to dump waste inside the ARNP. It shall likewise be unlawful to clean and 
change oil of vessels within the ARNP. 
Violation of this provision shall be punished with imprisonment of six (6) months 
to one (1) year, and fine of not less than Five Thousand Pesos (P5,OOO.OO) and not 
more than Fifteen Thousand Pesos (Pl5,OOO.OO). The PAMB shall impose an 
administrative fine of not less than Fifty Thousand Pesos (P50,OOO.OO) and not more 
than One Hundred Thousand Pesos (PlOO,OOO.OO), and order the violator to clean up 
the waste or pay the clean-up thereof. 
It shall likewise be unlawful to litter within the ARNP. 
Violation of this provision shall be punished by the PAMB with administrative fine 
of Five Thousand Pesos (P5,OOO.OO) to Ten Thousand Pesos (Pl0,OOO.OO). 
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SEC. 16. Bioprospecting Without the Necessary Permit. - It shall be 
unlawful to conduct bioprospecting within the ARNP without prior consent from the 
PAMB and the necessary permit from the DENR. 
Violation of this Section shall be punished with imprisonment of six (6) months 
to six (6) years; fine of Five Hundred Thousand Pesos (P500,OOO.OO) to One Million 
Pesos (Pl,OOO,OOO.OO); and forfeiture of the resources subject of the offense, 
equipment, gears and vessels. The PAMB shall also impose administrative fine 
ranging from Five Hundred Thousand Pesos (P500,OOO.OO) to One Million Pesos 
(Pl,OOO,OOO.OO); and forfeiture of the resources subject of the offense, equipment, 
gears and vessels. 
SEC. 17. 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 (PI ,000,000.00); and forfeiture of the resources subject of the offense, 
equipment, gears and vessels, The PAMB shall also impose administrative fine 
ranging from Two Hundred Thousand Pesos (P200,OOO.OO) to One Million Pesos 
(Pl,OOO,OOO.OO); and forfeiture of the resources subject of the offense, equipment, 
gears and vessels. 
SEC. 18. 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 non-living, or products derived therefrom, without such 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, or 
electricity, 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 
One Hundred Thousand Pesos (PI 00,000.00) to Three Hundred Thousand Pesos 
(P300,OOO.OO); forfeiture of the resources subject of the offense, equipment, gears 
and vessels. The PAMB shall also impose an administrative fine ranging from Forty 
Thousand Pesos (P40,OOO.OO) to One Hundred Fifty Thousand Pesos (PI 50,000.00); 
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, or equipment or 
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device for Electro-fishing 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 or by electricity shall constitute prima 
facie evidence of violation of this Act. 
(2) Where the offender merely possesses explosives, noxious or poisonous 
substances, or Electro-fishing devices within the ARNP, the punishment shall be 
imprisonment ranging from six (6) months to two (2) years; fine ranging from Ten 
Thousand Pesos (P10,OOO.OO) to Fifteen Thousand Pesos (P15,OOO.OO); forfeiture of 
fish catch, fishing equipment and vessels. The PAMB, shall also impose an 
administrative fine ranging from Ten Thousand Pesos (PI 0,000.00) to Twenty-Five 
Thousand Pesos (P25,OOO.OO): and confiscation and forfeiture of the resources 
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 PAMB, 
the penalty shall be imprisonment ranging from three (3) years to six (6) years; fine 
ranging from Twenty Thousand Pesos (P20.000.00) to Eighty Thousand Pesos 
(P80,OOO.OO); forfeiture of the corals, equipment, gears and vessels. The PAMB shall 
also impose administrative fine ranging from Thirty Thousand Pesos (P30,OOO.OO) to 
One Hundred Thousand Pesos (PlO0,OOO.OO); and confiscation and forfeiture of corals 
subject of the offense, equipment, gears and vessels. 
(4) Where the offender is engaged in fishing without permit, the operator, owner 
and three (3) highest officers of a commercial fishing boat or enterprise engaged 
therein shall be punished by a fine equivalent to the value of the catch or Fifty 
Thousand Pesos (P50,000.00), whichever is higher; imprisonment of two (2) years; 
confiscation of catch and fishing gears, equipment and vessels; and automatic 
revocation of license. 
When the offender is a municipal fisher, he/she shall be punished by a fine 
equivalent to the value of catch or Five Thousand Pesos (P5,000.00), whichever is 
higher; imprisonment of three (3) months; and confiscation of catch. 
In any case, the PAMB may impose administrative fine of no more than Five 
Thousand Pesos (P5,OOO.OO) against erring Commercial fishers, and no more than 
Ten Thousand Pesos (PlO,OOO.OO) against erring municipal fishers; and confiscation 
of catch, fishing gears, equipment and vessels. 
(5) Where the offender uses any fishing gear or method that destroys coral 
reefs, sea grass beds, or other marine life habitats as may be determined by this Act, 
the PAMB, Department of Agriculture, or the DENR, the operator, boat captain, 
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master fisherman, recruiter and/or organizer of fish workers involved shall suffer a 
penalty of six (6) and one (1) day years to twelve (12) years imprisonment; fine of not 
less than One Hundred Thousand Pesos (P 100,000.00) to Five Hundred Thousand 
Pesos (P500,000.00); forfeiture of catch, fishing equipment, gears and vessels. The 
PAMB shall also impose administrative fine ranging from Four Hundred Thousand 
Pesos (P400,OOO.OO) to One Million Pesos (PI ,000,000.00); and confiscation and 
forfeiture of catch, fishing equipment, gears and vessels. 
When the offender is a municipal fisher, he or she shall be punished by a fine 
ranging from Twenty Thousand Pesos (P20,OOO.OO) to Forty Thousand Pesos 
(P40,OOO.OO); imprisonment of six (6) months to two (2) years; and forfeiture of fish 
catch, fishing equipment, gears and vessels. 
The PAMB shall also impose administrative fine ranging from Twenty 
Thousand Pesos (P20,OOO.OO) to One Hundred Thousand Pesos (PlO0,OOO.OO): and 
confiscation and forfeiture of catch, fishing equipment, gears and vessels. 
Muro-Ami, pa-aling, all kinds of trawls (galadgad, Noway), purse seine 
(pangdong), Danish seine (hulbof-hulbof, pahulbof-hulbof, likisan, liba-liba, palisot, 
patangko, bira-bira, buli-buli, hulahoop, zipper, lampornas, etc.) ring net (kubkob, 
panguloing, kalansisi), drive-in net (kayakas), round haul seine (sapyaw, lawag), 
motorized push net (sudsod), bagnet (basing, saklif), 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) months to ten (IO) 
years imprisonment; fine of not less than Ten Thousand Pesos (Pl0,OOO.OO) to Five 
Hundred Thousand Pesos (P500,OOO.OO); and forfeiture of the substance taken from 
the habitat, and the equipment and vessels used to commit such violation. The PAMB 
shall also impose administrative fine ranging from Thirty Thousand Pesos 
(P30,OOO.OO) to Seven Hundred Thousand Pesos (P700,OOO.OO); 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 One Hundred Twenty Thousand Pesos (P120,OOO.OO) to One Million Pesos 
(Pl,OOO,OOO.OO) for every threatened or endangered species subject of the offense; 
forfeiture of the catch, equipment, gears and vessels; and cancellation of fishing 
permit. The PAMB shall also impose administrative fine ranging from One Hundred 
Fifty Thousand Pesos (P150,OOO.OO) to One Million Pesos (PI ,000,000.00) for every 
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threatened or endangered species subject of the offense; and confiscation and 
forfeiture of catch, equipment, gears and vessels. 
(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 (3) years; fine 
of not less than Ten Thousand Pesos (P l0,OOO.OO) but not more than One Hundred 
Thousand Pesos (PlO0,OOO.OO); forfeiture of the catch, equipment, gears and vessels; 
and cancellation of permit that makes it possible for the offender to commit the 
offense. The PAMB shall also impose administrative fine ranging from Fifteen 
Thousand Pesos (Pl5,OOO.OO) to One Million Pesos (P 1,000,000.00); and 
confiscation and forfeiture of catch, equipment, gears and vessels. 
SEC. 19. Poaching. - It shall be unlawful for any person, corporation or entity 
to fish or operate any fishing vessel in the ARNP. The entry of any vessel in the ARNP 
shall constitute prima facie evidence that the vessel is engaged in fishing in the area. 
Violation of the above shall be punished by imprisonment of six (6) years and 
one day to twelve (12) years and a fine of Five 
Hundred Thousand Pesos 
(P500,000.00), in addition to the forfeiture of its catch, fishing equipment and fishing 
vessel: Provided, That in case of non-payment of fine, a subsidiary imprisonment shall 
be imposed; Provided, further, that the PAMB is empowered to impose an 
administrative fine of not less than Two Hundred Thousand Pesos (P 200,000.00) but 
not more than One Million Pesos (PI ,OOO,OOO.OO), 
in addition to the confiscation and 
forfeiture of the fish catch, fishing equipment and fishing vessel. 
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. 20. Violation of Environmental Impact Assessment (EIA) System. - 
The PAMB shall prosecute violations of laws and rules on Environmental Impact 
Assessment (EIA) System. Such violations shall be punished by imprisonment of 
three (3) years to five (5) years; fine of One Hundred Thousand Pesos (P100,OOO.OO) 
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 who allowed such violation shall suffer the imprisonment. 
The PAMB shall also impose administrative fine of One Hundred Thousand 
Pesos (PlO0,OOO.OO) 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. 
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SEC. 21. Violation of Standards. -The owner, operator and top three (3) 
officers of any vessel violating the standards set by the PAMB, such as safety and 
sanitary standards, shall suffer administrative penalty of fine ranging from Twenty 
Thousand Pesos (P20,OOO.OO) to Fifty Thousand Pesos (P50,OOO.OO) for every day 
each violation subsists, and from suspension of three (3) months to cancellation of 
permit to operate in ARNP. 
SEC. 22. Obstruction to Law Enforcement Officer -The boat owner, master, 
operator, officer, or any person acting on hidher behalf, of any vessel who evades, 
obstructs or hinders any law enforcement officer in the ARNP from performing hislher 
duty, shall be fined Twenty Thousand Pesos (P20,OOO.OO). In addition, the 
registration, permit and/or license of the vessel including the license of the officers 
thereof shall be cancelled. 
SEC. 23. Subsidiary lmprisonment - Non-payment of judicial fines imposed 
under this Act shall be subject to subsidiary imprisonment as provided for by existing 
laws. 
SEC. 24. Promulgation of Rules and Regulations. - The PAMB may issue 
rules and regulations, including the imposition of penalties, in pursuit of the 
conservation, preservation, management and sustainable development of the ARNP. 
SEC. 25. Fines and Forfeitures. -All criminal fines and forfeitures that may be 
imposed by the courts, and the administrative fines and forfeitures imposed by the 
PAMB under this Act, and the rules and regulations that may be promulgated in 
pursuit of the goals and objectives oft his Act shall be given to the PAMB and shall 
form part of the funds and assets of the 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 PAMB 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 the confiscated vessels, structures, effects, materials and equipment 
are in custodia legis, the PAMB or its counsel, after administrative confiscation and 
forfeiture proceedings, may move for the sale of the confiscated or forfeited vessels, 
structures, effects, materials and equipment pendente life; 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 shall likewise accrue to the 
ARNP Fund created under this Act. 
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SEC. 26. 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. 27.Special Prosecutor and Retained Counsel. -Within thirty (30) days 
from the effectivity of this Act, the Department of Justice (DOJ) 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 PAMB and the 
PASu in the performance of hislher duties and assist in the training of wardens and 
rangers in arrest and criminal procedures. The PAMB may retain the services of a 
counsel to prosecute andlor 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 
PAMB, 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 PAMB. 
SEC. 28. Apo Reef Natural Park Funds . - There is hereby established a 
Trust Fund to be known as ARNP Fund for purposes of financing projects of the 
ARNP. Seventy-five percent (75%) income generated from the operation andlor 
management of the ARNP shall accrue to the Fund. The remaining twenty-five 
percent (25%) shall be deposited to the Integrated Protected Areas Fund (IPAF) as 
established in the NlPAS Act. 
Income shall be derived from visitors fee, fees from permitted sale and export 
of flora and fauna and other resources from the ARNP, proceeds from the registration 
and lease of multiple-use zones including ecotourism concessions, fees, proceeds, 
and contributions from industries and facilities directly benefiting from the ARNP, and 
such other fees and income derived from the operation of the ARNP. 
The ARNP Fund may be augmented by grants, donations, endowment from 
various sources, domestic or foreign for purposes related to their functions; Provided, 
that disbursements therefrom shall be solely for the protection, maintenance, 
administration and management of the System, and duly approved projects endorsed 
by the ARNP in accordance with existing accounting and budgeting rules and 
regulations; Provided, further, that the fund shall not be used to cover personal 
services expenditures. 
The LGUs shall continue to impose and collect all other fees not enumerated 
herein which are traditionally collected, such as business permits, and rentals of 
LGUs’ facilities: Provided, That the LGUs shall not impose property tax and issue tax 
declaration for areas or properties located in ARNP. Furthermore, LGUs may charge 
add-ons to fees imposed by the PAMB: Provided, That such add-ons shall be 
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determined based on the contribution of the LGUs in the maintenance and protection 
of the ARNP. 
Sec. 29 Utilization of Resources-- Any exploitation of or utilization of Non- 
renewable resources within the ARNP shall not be allowed. 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 (I) 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 PAMB has been obtained. 
SEC. 30. Reporting Responsibility. - The PASu, through the PAMB, shall 
submit an annual accomplishment report to the Secretary of the DENR on the 
activities undertaken in the ARNP. 
SEC. 31. Appropriations. - The Secretary of the DENR shall immediately 
include in the Department's program the implementation of this Act, the funding of 
which shall be included in the annual General Appropriations Act. 
SEC. 32. 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 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. 
SEC. 33. Repealing Clause. - For the purpose of this Act. Sections 1 1, 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. 
SEC. 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. 
SEC. 35. Effectivity Clause. -This Act shall be translated in English and 
Filipino, within thirty (30) days from the date of approval hereof. It shall be published 
once a week for three (3) consecutive weeks in a newspaper of general circulation 
readily available in the areas in and around the score specified herein. It shall likewise 
be conspicuously posted simultaneously in the provincial, municipal and barangay 
halls within the area as well as in three (3) other places frequented by the public. 
Fifteen (15) days after the last publication and posting, this Act shall have full force 
and effect. 
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