Question & AnswerQ&A (Republic Act No. 8991)
The short title of Republic Act No. 8991 is the Batanes Protected Area Act of 2000.
The policy is to regulate utilization of natural resources, preserve Ivatan heritage, protect endangered species, and conserve the scenic, cultural, historical, and archeological features of the Batanes Group of Islands and its diverse ecosystems for the benefit of local people and humankind.
The boundaries are defined by specific latitude and longitude points listed in Section 3, enclosing approximately 213,578 hectares including islands, islets, and peripheral waters.
Private lands inside the protected area remain subject to rules applicable to the protected area but penal provisions apply only if specifically stated. They continue under existing property laws and may be governed by specific regulations of the Protected Area Management Board (PAMB).
Ancestral lands and domains refer to lands and resources occupied or possessed by indigenous cultural communities since time immemorial according to their customs, including adjacent areas necessary for their economic, social, and cultural welfare, except when interrupted by war or force.
The PAMB is the policy-making body responsible for issuing rules, resolving conflicts, approving management plans, overseeing the Protected Area Superintendent, deputizing enforcers, and managing funds for the Batanes Protected Area.
PAMB includes the DENR Regional Director as chair, Provincial Planning Officer, municipal and barangay representatives, NGO representatives, a national government agency representative when needed, Ivatan cultural authorities, and representatives from peoples' organizations or cooperatives.
Penalties under Articles 309 and 310 of the Revised Penal Code apply based on the value of damage plus fines ranging from ₱50,000 to ₱500,000 and/or imprisonment from 1 to 5 years, alongside mandatory restoration and rehabilitation of damage.
A fine between ₱5,000 and ₱100,000 and/or imprisonment from 1 to 3 years, plus other penalties for violating the Act.
Alien fishermen caught fishing illegally face imprisonment from 6 years and 1 day to 10 years, fines from ₱5,000 to ₱500,000, deportation after serving sentence, and confiscation of foreign-registered vessels.
The Protected Area Superintendent prepares the plan with DENR and local experts. The PAMB reviews and approves it, and the DENR Secretary certifies it if it conforms to laws. Public consultations and reviews precede adoption.
Zoning prioritizes traditional Ivatan and tenured migrant uses unless detrimental to biodiversity, ensuring conservation aligned with cultural practices.
The PASu prepares management plans, serves as PAMB Secretariat, hires staff, enforces laws, monitors activities, develops education programs, and performs delegated functions in managing the protected area.
It acknowledges ancestral lands as never public, protects them based on Ivatan customs and traditions, and mandates their identification, delineation, and titling per the IPRA.
Tenured migrants occupying forest lands before June 30, 1987 receive tenure instruments, can be transferred to suitable zones if necessary with humanitarian consideration, and their lands are subject to rehabilitation upon cancellation of tenure.
Prohibited acts include unauthorized hunting, mining, quarrying, commercial and destructive fishing, illegal logging, unauthorized construction, damaging natural features, and dumping waste outside designated areas.
The DOJ appoints a special prosecutor to handle violations within the protected area, coordinating with PAMB and PASu for enforcement and training.
LGUs participate through representation in the PAMB and ensure integration of local plans with the protected area's management plans.
The Integrated Protected Area Fund (IPAF) includes taxes on permits, donations, leases, and other revenues for the protected area's purposes.