Policy and constitutional classification
- The State policy under Section 2 requires the regulation of utilization of fishery and marine resources, aggregates, wild flora and fauna, culture and indigenous knowledge, and historical artifacts and sites.
- The State policy under Section 2 aims to ensure the continuity of endangered, threatened and rare species and preserve Ivatan heritage.
- The State policy under Section 2 directs conservation, protection, and preservation of scenic, cultural, historical and archeological features of the Batanes Group of Islands, including its diverse terrestrial and marine ecosystem, for the benefit of its people and humankind.
- The classified forest lands comprising the Batanes Protected Area must be within the national park classification under the Constitution under Section 2.
- Public lands classified as agricultural and alienable and disposable upon passage of the Act remain agricultural and alienable and disposable and may be disposed of under the law under Section 2.
Protected area boundaries and modification rules
- The Batanes Protected Area includes an approximate area of Two hundred thirteen thousand five hundred seventy-eight (213,578) hectares under Section 3.
- The boundaries are defined by the technical description under Section 3 using enumerated latitude and longitude points pt. 1 through pt. 50 and the listed closing point sequence.
- Any modification of the Act due to changing ecological situations, new scientific or archeological findings, or discovery of traditional boundaries requires an Act passed by Congress after full consultation with the affected public under Section 3.
- Private lands inside the protected area are governed as part of the protected area under its rules and regulations.
- Penal provisions in the Act or in rules and regulations issued by the Protected Area Management Board (PAMB) do not apply to private lands unless the penal provision specifically states so under Section 3.
Defined terms for implementation
- Alienable and disposable lands are public lands classified as agricultural and alienable and disposable prior to the passage of the Act, excluding that ancestral domains are not considered alienable and disposable because they are considered never to have been public under Section 4.
- Ancestral lands and domains are lands and natural resources occupied or possessed by indigenous cultural communities, communally or individually, in accordance with customs and traditions since time immemorial and continuously to the present, except when interrupted by war, force majeure, or displacement by force, deceit or stealth, and include adjacent areas generally belonging to them and necessary for economic, social, and cultural welfare under Section 4.
- Forest lands are public lands within the Batanes Protected Area that are not ancestral lands or domains and have not been classified as alienable and disposable, placing them within the constitutional classification of national park under Section 4.
- Nongovernment organization means a civic, development, or philanthropic organization that is multi-sectoral under Section 4.
- Non-renewable resources are resources within the protected area and its buffer zones whose replenishment rate is either not known or takes more than twenty- five (25) years under Section 4.
- People’s organization means organizations established to protect or advance the interest of specific sectors (including but not limited to farmers, fisherfolks, women, and the like) under Section 4.
- Peripheral waters are the waters covered under the technical description under Section 3 under Section 4.
- Private lands are lands registered as private under the property registration decree, lands whose private ownership has ripened under the Public Land Act, and lands considered ancestral lands despite lack of documentation reflecting that status under Section 4.
- Protected species include marine turtles, green turban snails, dolphins, whales, whale sharks, any species listed under CITES, and any plant or animal that is or shall be declared protected under Philippine laws, DENR rules/regulations, PAMB rules, or the management plan under Section 4.
Management plan requirements
- The Protected Area Superintendent (PASu) must prepare the management plan in consultation with appropriate DENR offices and local experts, including people's organizations, nongovernment organizations, LGUs, and other government agencies under Section 5.
- The management plan must be reviewed, approved, and adopted by the PAMB and must be certified by the Secretary of DENR under Section 5.
- Certification by the Secretary is mandatory if the plan conforms to all DENR national application laws and rules/regulations under Section 5.
- The DENR is prohibited from revising or modifying a management plan without prior consultation with the PAMB under Section 5.
- Within one (1) year from effectivity, a management plan must be put into effect following the General Management Planning Strategy under the NIPAS Act under Section 5.
- The management plan must contain, among others, the following components under Section 5:
- The protected area category
- Period of applicability of the plan
- Key management issues
- Goals and objectives supporting Section 2
- Site management strategy
- Major management activities, including enforcement, habitat and wildlife management, sustainable use management, infrastructure development and maintenance, fire and pest control
- Zoning
- Visitor management programs
- Waste management programs
- The PASu must prepare all successor plans in coordination with concerned offices under Section 5.
- One (1) year before expiration of the plan’s applicability period, the PASu must publish notices for comments and suggestions in a local circulation newspaper, and post in provincial, municipal, and barangay halls and in three other areas frequented by the public under Section 5.
- Public hearings on the successor plan may be conducted upon written request of any interested party under Section 5.
- A finalized successor plan must be made available for public perusal at the PASu office upon approval by the PAMB under Section 5.
- 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 protection of the area’s natural characteristics under Section 5.
- The plan must be written in a language understandable in the area, be plainly written, and be available for perusal to the general public at the PASu office under Section 5.
Institutional bodies and authority structure
- A Protected Area Management Board (PAMB) is established as the policy-making body of the protected area under Section 6.
- The PAMB is composed of the following under Section 6:
- The Regional Director, Region II, of DENR as chairman
- The Provincial Planning and Development Officer
- One (1) representative from each municipal government of Batanes appointed by a majority vote of each Sangguniang Bayan
- One (1) representative from each barangay appointed by the Sangguniang Barangay
- At least three (3) representatives from nongovernment organizations chosen among themselves
- One (1) reserved national government agency vote for every meeting, called by the PAMB depending on meeting agenda needs
- At least two (2) representatives recognized authorities on Ivatan culture, customs and traditions
- At least three (3) representatives from people’s organizations or cooperatives, selected among themselves
- Every PAMB member represents his or her sector and carries that sector’s vote unless challenged in writing five (5) days after the decision is made known to sector members through written information under Section 6.
PAMB powers, DENR oversight, and PAMB procedures
- The PAMB must issue rules and regulations to prohibit prejudicial acts and to implement the Act’s policy declaration, and must establish criteria and set fees for permits for activities regulated by the Act or the management plan under Section 6.
- The PAMB must issue rules and regulations for resolution of conflict using appropriate, culturally sensitive and effective means under Section 6.
- The PAMB must adopt rules of procedure for the conduct of business, including creation of committees to whom its powers may be delegated under Section 6.
- The PAMB must approve the management plan and oversee the PASu office under Section 6.
- The PAMB must deputize interested individuals for enforcement of the laws, rules and regulations governing conduct in the protected area under Section 6.
- The PAMB must approve proposals for funding and budget allocations and exercise responsibility over donated funds for purposes of the policy declaration under Section 6.
- The DENR, through the Regional Executive Director (RED), must oversee the PAMB to ensure it acts within its powers under Section 6.
- If DENR issues administrative orders for national application under the NIPAS Act that contradict PAMB rules and regulations, the PAMB must notify the Secretary of DENR, who decides whether to apply or withdraw the rule for the Batanes Protected Area under Section 6.
- The Secretary’s decision must prefer locally initiated and specific policies enacted by the PAMB under Section 6.
- The Secretary’s decision is appealable to the Regional Trial Court with jurisdiction over the protected area under Section 6.
PASu office and delegated enforcement
- A PASu is established within the Department of Environment and Natural Resources as chief operating officer of the protected area under Section 6.
- The PASu must prepare management and successor plans under Section 6.
- The PASu must serve as the Secretariat for the PAMB and provide information necessary for PAMB decisions under Section 6.
- The PASu must hire and supervise personnel to support operations as allowed by the budget allocated by the PAMB and DENR under Section 6.
- The PASu must establish a productive partnership with local communities and groups interested in achievi