Overriding Principles for Resource Utilization
- Sustainability is the primary criterion for resource use.
- Extraction rates must not exceed regeneration rates or threaten biodiversity.
- Land and resource development must avoid landscape alteration and ecological disruption.
- Recreational use must preserve natural landscapes and consider area's carrying capacity.
- Introduction of harmful chemicals into protected areas is prohibited.
- Subsistence use by indigenous peoples and tenured migrants is exempt from user fees.
Objectives
- Establish procedures for DENR, PAWB, and PAMBs to determine fees for resource access and sustainable use.
- Generated revenues accrue to the Integrated Protected Area Fund (IPAF).
- Revenues are exclusively for protection, maintenance, administration, and management projects within NIPAS.
Scope
- Applies to major uses of all resources and facilities within the NIPAS-designated areas.
Definitions
- Carrying Capacity: the environment's ability to tolerate stress without degradation.
- Commercial Use: resource use exceeding subsistence levels.
- Development Scales: micro (≤PhP150,000), cottage-scale (PhP150,000–1.5 million), small-scale (PhP1.5 million–15 million), medium-scale (PhP1.5 million–60 million).
- Extractive Use: removal or alteration of resources within use zones.
- Final Consumption: resource use where it is no longer input for goods or services.
- Indigenous Cultural Communities/Indigenous Peoples (ICCs/IPs): self-identified groups with distinct cultural traits and ancestral domain.
- Marketed vs. Non-marketed Resources: distinguished by presence or absence of market transaction.
- Recreational Use: resource use primarily for enjoyment without significant extraction.
- Resources: all living and non-living, renewable or non-renewable assets within protected areas.
- Subsistence Use: resource use to meet basic household needs of indigenous peoples and tenured migrants.
- Sustainable Use: utilization that maintains species viability for present and future generations.
- Tenured Migrant: occupants prior to protected area designation, dependent on resources for subsistence.
Types of Uses Subject to Fees
- Subsistence Use: hunting, gathering for household consumption by ICCs and tenured migrants.
- Recreational Use: activities like snorkeling, diving, climbing, bird watching, filming, etc.
- Extractive Use: water extraction, forest product gathering, wildlife collection, fishing.
- Commercial Use: land/resource development, kiosks, tourist facilities, communication or transportation structures, geothermal and energy extraction.
Types of Fees
- Protected Area Entrance Fee: charged for entering protected areas.
- Facilities User Fee: fee for use of man-made facilities.
- Resource User Fee: fee for commercial sustainable use of resources over time.
- Concession Fee: fee for micro and cottage-scale developments.
- Development Fee: fee for small to larger scale developments.
- Royalty: fee based on gross output or sales from resources derived.
Guidelines and Principles for Fee Determination
- Selection based on accuracy, data availability, and cost of estimation.
Entrance and Facilities Fees
- Cost-Recovery Principle: fees should cover reasonable protection and maintenance costs.
- Willingness-to-Pay Principle: entrance fees based on visitor willingness to pay derived from surveys.
- Three-tiered fee system for entrance fees: lower rates for Filipino students, minors, senior citizens; higher for foreign visitors.
- Facilities fees set by private entities in consultation with PAMBs and based on comparable rates.
- Government-managed facilities fees use cost-recovery and comparability principles.
Resource User, Development, and Concession Fees
- PAMBs may enter into co-production, joint ventures, or production-sharing with NRDC.
- Government's share shall be a reasonable portion of commercial excess profits.
- Development outside management plans requires Environmental Impact Assessment (EIA).
Royalty Fees
- Royalty fees based on gross sales for resource uses where sales are easily monitored.
Other Provisions
- Excess profits calculated using a specified formula (Annex A).
- Subsistence use rates set per resource and household, not exceeding rural annual capita income.
- Development project classifications updated per Department of Trade and Industry (DTI) guidelines.
- Guidelines to be expanded in a handbook after pilot testing.
- PAMBs may engage NRDC as collecting, fund managing, and marketing agent.
Responsibilities
Protected Areas and Wildlife Bureau (PAWB)
- Lead pilot testing of guidelines with PAMBs and DENR.
- Develop a manual for guidelines implementation post pilot testing.
- Provide assistance and experts to PAMBs in guideline implementation.
Protected Area Management Boards (PAMBs)
- Collaborate with PAWB for pilot testing.
- Use the PAWB manual to implement guidelines.
- Approve resource uses through Memorandum of Agreement.
- Conduct public consultations on proposed fees.
- Pass resolutions to facilitate fee collection.
- Consult with indigenous people regarding traditional resource uses.
Effectivity and Supersession
- The order takes effect 15 days after publication.
- It revokes, supersedes, and amends previous inconsistent orders or instructions.