QuestionsQuestions (LETTER OF INSTRUCTIONS No. 1481)
They were promulgated by the Tubbataha Protected Areas Management Board (TPAMB) pursuant to the TRNP Management Plan approved by the Palawan Council for Sustainable Development (PCSD) on Nov. 26, 1999. Their purpose is to prescribe procedures and guidelines for the entry and conduct of tourism and all other activities in the Tubbataha Reefs Natural Park (TRNP) to ensure achievement of conservation objectives.
Entry into the park is a privilege, not a right. The governing policy prioritizes the natural living processes of the park, conservation of resources, and protection of flora, fauna, and abiotic resources, consistent with TRNP being a no-take zone.
All doubts in interpretation and implementation shall be resolved in light of the Declaration of Policies contained in the Rules.
'Entrants' include any person or vessel entering TRNP, with or without a permit. They are classified as: (1) Visitors, for tourism allowed under the Management Plan, research, or official business; (2) Crew, referring to boat employees who must possess a seaman’s book or other pertinent seaman papers; and (3) Unauthorized Entrants, those who enter without a permit from the TPAMB.
'Grounding' is accidental or unintentional hitting/striking of reef/substrate with a watercraft; 'beaching' is deliberate or intentional hitting/striking. While the act itself may not be punishable, damage to the substrate will be penalized.
Moorings are fixtures installed by the TPAMB on the sea bottom (including ropes, chains, buoys, and other components) to provide a steady position for tying to avoid damaging corals and preventing drifting damage.
Fishing is taking fishery species from their wild state or habitat, with or without fishing vessels; importantly, mere casting/deployment of fishing gear consummates fishing. Fishing gear includes any instrument/device and its accessories utilized to take fish and other fishery species (e.g., rods, tackles, hooks, lines, nets, gaffs, bait, and spear fishing equipment), whether assembled or separate.
Boat operators/managers must ensure that all passengers and crew are cognizant of the Rules and Regulations.
Only tourism allowed under the Management Plan, research, and park management-related activities duly authorized by the TPAMB are allowed in TRNP. Unauthorized or unapproved activities are not allowed.
Dive operators or their representatives must register by radio using VHF channel 16 upon entering the Park. If not possible, they must report in person.
All boats shall use mooring buoys provided within TRNP. Boats above 200 gross tons tie to mooring buoys at their own risk and are required to drift during rough weather. The TPAMB is not responsible for loss or damage resulting from the use of mooring buoys.
Boats must inform the ranger station of the buoy used prior to mooring and upon disengaging. Recorded data include the buoy, the time and date used, in the ranger station records and the vessel logbook.
Applications for an entry permit must be accurately completed prior to issuance. Misrepresentation constitutes a violation. Additional requirements include: submitting a current MARINA registry for dive operators at the beginning of the diving season; vessels must have first aid/emergency equipment including oxygen and SOLAS equipment; foreign divemasters/crew must submit certification cards, alien employment permits, and passports; diver to divemaster ratio must be 8:1; and outstanding fees/charges must be paid if applicable.
Vessel entry fees: 100 GT and below = Php3,000; 101–200 GT = Php4,500; 201 and above = Php6,000. Visitor entry fees: Php3,000 per person; 50% discount for repeat visits within the season; Php250 for divemasters hired to provide diving services. Minors aged 12 and below and boat crew are exempt.
Vessel and visitor entry fees are not transferable or refundable.
A special permit from the TPAMB is required for commercial filming activities subject to terms and conditions imposed by TPAMB after evaluation. Filming may not restrict or interfere with operations in the park. Film crew/staff must follow park staff instructions; violation of permit conditions may lead to penalties. Films should acknowledge the TPAMB and where the film was taken.
Examples: (1) entry into the Park without a permit; (2) grounding or beaching; (3) anchoring on the reefs; (4) all forms of fishing; (5) handling/touching/feeding marine life; (6) polluting or littering; etc. Special fishing gear storage rule: all fishing gear must be stowed in a locked container prior to entry; each fishing gear component/accessory found not stowed constitutes a distinct violation and is fined accordingly.
Boat operators/charterers, ship’s captains, and owners of vessels are solidarily liable for payment of fines for any violation or damages to the reef caused by their vessel, crew, and/or passengers.
Violations may be fined from not less than Php5,000 nor more than Php500,000, exclusive of damages and rehabilitation/restoration costs. Non-payment triggers 200% of fees. Cancellation of permit occurs upon commission of prohibited acts, with immediate expulsion of the dive boat, its complement, and passengers. Repeated violations can lead to a one-year prohibition from operating. For grounding or beaching, penalty is Php12,000 per square meter regardless of bottom relief.
'Repeat Offender' is a person (natural or juridical) with prior violations and a pending case or final judgment with TPAMB, the PCSD Adjudication Board, or a court. Non-issuance of permits for commercial dive operators with records of violations in other marine parks/reserves may occur upon endorsement of DENR or park/reserve managers. Individuals identified to have repeatedly violated prohibited acts may also be banned.