QuestionsQuestions (Republic Act No. 8991)
RA 8991 declares the policy of the State under RA 7586 to regulate the utilization of fishery and marine resources, aggregates, wild flora and fauna, culture and indigenous knowledge, and historical artifacts/sites, to ensure continuity of endangered/threatened/rare species and preserve Ivatan heritage, conserving the scenic, cultural, historical, and archaeological features and the terrestrial and marine ecosystem of the Batanes Group of Islands for the benefit of its people and humankind.
The classified forest lands comprising the Batanes Protected Area are within the national park classification under the Constitution.
Public lands classified as agricultural and alienable and disposable upon the passage of RA 8991 shall remain as such and may be disposed of under existing law.
Private lands inside the protected area are governed as part of the protected area subject to its rules and regulations; however, penal provisions in the Act or PAMB regulations do not apply to private lands unless specifically stated.
“Peripheral waters” refers to the waters covered under the technical description of the Batanes Protected Area boundaries provided in Section 3.
The Protected Area Superintendent (PASu) prepares the management plan in consultation with DENR and local experts; it is reviewed, approved, and adopted by the PAMB and must be certified by the Secretary of the DENR if it conforms with national laws/rules. DENR cannot revise/modify the management plan without prior consultation with the PAMB.
At minimum: the protected area category; period of applicability; key management issues; goals/objectives supporting the policy; site management strategy; major management activities (enforcement, habitat and wildlife management, sustainable use, infrastructure, fire/pest control); zoning; visitor management; and waste management.
Zoning must give primary consideration to traditional zones used and recognized by the Ivatan people and tenured migrants unless such uses are deemed detrimental to biodiversity and the protection of the area’s natural characteristics.
It is policy-making and includes: DENR Regional Director (Region II) as Chairman; Provincial Planning and Development Officer; one representative from each municipal government; one from each barangay; at least three NGO representatives; one reserved national government agency vote during meetings as called; at least two representatives knowledgeable in Ivatan culture/customs; and at least three representatives from people’s organizations or cooperatives selected among themselves.
Among others: issue rules and regulations prohibiting prejudicial acts and set permit fees; issue rules for culturally sensitive conflict resolution; adopt procedural rules and create committees; approve the management plan and oversee the PASu office; deputize individuals for enforcement; and approve funding/budget proposals and manage donated funds for the protected area.
DENR through the Regional Executive Director oversees the PAMB’s compliance with scope/powers. If there is contradiction, the PAMB notifies the Secretary of DENR who decides whether to apply or withdraw PAMB rules, guided by preference to locally initiated/specific PAMB policies; the Secretary’s decision is appealable to the Regional Trial Court with jurisdiction over the protected area.
It includes lands and natural resources occupied/possessed by indigenous cultural communities since time immemorial, continuously to the present except when interrupted by war, force majeure, or displacement by force/deceit/stealth; it includes adjacent areas necessary for economic/social/cultural welfare. Such ancestral lands/domains are identified/delineated/titled in accordance with RA 8371 (IPRA).
Tenured migrants are those who actually and continuously occupied the forest lands within the protected area before June 30, 1987 and are substantially dependent for livelihood. They are issued tenure instruments for areas occupied/cultivated since that date. If cancelled (for cause, abandonment, or voluntary surrender), the PASu must take immediate steps to rehabilitate the area to return it to its natural state prior to cultivation/activity.
Examples include: hunting/destroying/disturbing/removing wild plants or animal products without a PAMB permit; conducting mineral exploration/extraction within forest lands; quarry operations without required PAMB permits; commercial fishing within municipal waters; fishing using explosives/noxious substances/electricity/drift nets with mesh below 3 cm; and cutting/removing/gathering/taking timber or forest products from forest lands without authorization.
A fine of not less than P50,000 but not more than P500,000 and/or imprisonment of not less than 1 year but not more than 5 years, plus restoration and rehabilitation of the damage, may be imposed for acts like altering topography without proper permits and damaging roads/trails or defacing/vandalizing objects of natural beauty/scenic value.
Within 30 days from effectivity, the DOJ must appoint a Special Prosecutor to whom all cases of violations in the protected area are assigned. The Special Prosecutor must coordinate with the PAMB and PASu and assist in training wardens/rangers in arrest and criminal procedure.
Within 60 days from effectivity, existing major facilities must submit project descriptions to the PAMB via the PASu. The PAMB (with DENR help) determines if their existence/future operation is detrimental and imposes conditions; if violated, the facility pays P5,000 per day of violation. If total fines reach P500,000, the PAMB (and deputized entities) must cause cessation and demolition at the owners’ cost. Approved/allowed existing facilities may be charged a reasonable royalty accruing to IPAF.