Declaration of Policy
- Regulate utilization of fishery and marine resources, wild flora and fauna, indigenous knowledge, and historical artifacts.
- Ensure continuity of endangered, threatened, and rare species.
- Preserve Ivatan heritage.
- Conserve scenic, cultural, historical, and archeological features of the Batanes Group of Islands.
- Classified forest lands within the protected area fall under national park classification.
- Public lands not classified as forest lands remain alienable and disposable.
Scope and Boundaries
- Defines precise geographic boundaries based on latitude and longitude points.
- Covers an approximate area of 213,578 hectares.
- Modifications to the Act require a Congressional law after consultations.
- Private lands inside the protected area governed by protected area rules, except penal provisions unless specified.
Definitions
- Alienable and Disposable Lands: Agricultural public lands alienable before the Act, excluding ancestral domains.
- Ancestral Lands and Domains: Lands occupied by indigenous communities since time immemorial per customs and traditions.
- Forest Lands: Public lands within the area not alienable or ancestral, classified as national park.
- Nongovernment Organizations: Civic, development or philanthropic groups.
- Non-renewable Resources: Resources with replenishment time over 25 years.
- People’s Organizations: Groups protecting interests of specific sectors.
- Peripheral Waters: Waters covered within scope.
- Private Lands: Registered lands or ancestral lands lacking documents.
- Protected Species: Listed endangered species or species protected under Philippine laws or CITES.
Management Plan
- Prepared by Protected Area Superintendent (PASu) with DENR and local experts' consultation.
- Approved by the Protected Area Management Board (PAMB) and certified by DENR Secretary.
- Mandatory implementation within one year per NIPAS procedures.
- Contains management goals, zoning, enforcement, visitor and waste management.
- Public participation via comment and hearings before plan adoption.
- Zoning recognizes traditional use by Ivatans unless detrimental to biodiversity.
Institutional Mechanisms
- Establishes the Protected Area Management Board (PAMB) as policy-making body.
- PAMB Composition: DENR Regional Director (chairman), provincial officer, municipal and barangay representatives, NGOs, culture experts, and peoples’ organizations.
- PAMB powers: Issue rules, resolve conflicts, approve plans, deputize enforcers, manage funds.
- DENR oversees PAMB actions; Secretary resolves conflicts between DENR and PAMB rules.
- Protected Area Superintendent (PASu): Chief operating officer; prepares plans, supervises staff, enforces laws, monitors compliance.
Ancestral Lands and Domains
- Lands occupied by Ivatans deemed never public and governed by Ivatan customs.
- Identified and titled under Indigenous People’s Rights Act (IPRA).
Tenured Migrants
- Migrants occupying forest lands before June 30, 1987, dependent on these lands.
- Issued tenure instruments for lands occupied/cultivated since 1987.
- Transfers allowed to buffer or multiple-use zones if zones prohibit occupation.
- Land rehabilitation required upon tenure cancellation.
Prohibited Acts and Penalties
- Penalties under Revised Penal Code for unlawful hunting, mining, quarrying, fishing, and logging.
- High fines and imprisonment for altering topography, damaging facilities, or constructing without permits.
- Additional fines and imprisonment for illegal occupation, waste dumping, killing protected species, or possession of chainsaws without clearance.
- Specific penalties for alien fishing including deportation and vessel confiscation.
- Liability extends to those inducing offenses and public officers neglecting duties.
Special Prosecutor
- DOJ appoints special prosecutor for protected area cases.
- Coordinates with PAMB and PASu; assists in enforcement training.
Role of Local Government Units (LGUs)
- LGUs participate via PAMB representation.
- Allowed to consolidate local plans with management actions.
Revenue Sharing
- LGUs collect local fees, charges, and taxes.
- Integrated Protected Area Fund (IPAF) includes revenues from permits, leases, donations, and royalties.
Existing Facilities
- Facilities inside area must submit project descriptions.
- PAMB assesses potential harm and may impose conditions.
- Violations incur daily fines; repeated violations can lead to facility closure and demolition.
- Allowed facilities may pay royalties benefiting IPAF.
Utilization of Energy and Non-renewable Resources
- Exploitation allowed only with PAMB and Department of Energy approval.
- Environmental Impact Assessment (EIA) is mandatory.
Appropriation
- Budget for Act implementation included in DENR's General Appropriations.
Construction and Interpretation
- Provisions liberally construed in favor of protected area occupants.
- NIPAS Act serves as supplementary law.
Repealing Clause
- NIPAS provisions modified as per this Act within the area.
- Conflicting laws repealed or amended.
- NIPAS penalties superseded within this protected area.
Separability Clause
- Declaration of any provision's unconstitutionality does not affect remainder.
Effectivity Clause
- Act translated into English and Ivatan.
- Published in newspapers and posted in public places.
- Effective 15 days after last publication.