Key Definitions
- Defines critical terms such as Biodiversity, Bioprospecting, Buffer zone, By-product, Collection, Commercial use, Consultation, DENR, Endangered and Endemic species, ICCs/IPs, Sustainable use, Strict protection zones, Tenured migrants, and Zones.
- Clarifies distinctions between indigenous, endemic, exotic, protected, and endangered species.
- Establishes terminology related to management, resource utilization, and legal frameworks.
Declaration and Scope of the Protected Area
- Establishes NSMNP and its buffer zones within Isabela as a natural park under NIPAS.
- Specifies detailed geographic boundaries with latitude and longitude.
- Land-use and resource-use permits must align with the management plan and require PAMB approval.
- Extractive resource use excludes sustainable practices by ICCs/IPs and tenured migrants.
Buffer Zones
- Establishes buffer zones of up to one kilometer beyond the NSMNP boundaries, excluding areas bordering Cagayan province.
- Buffer zones provide additional protection and involve sustainable resource management by local communities and private sectors.
Management and Planning
- Management vested in the Protected Area Management Board (PAMB) with a consultative and participatory approach.
- Mandates the creation of a 25-year management plan with periodic review every 3 years, detailing goals, issues, zoning, enforcement, livelihood, and sustainable use.
- Management plan approval, revision, and public consultation procedures prescribed.
- Calls for integration into local and regional development plans with consistency in environmental ordinances.
Zoning within NSMNP
- Multiple zones such as strict protection, sustainable use, restoration, habitat management, multiple-use, cultural, recreational, and special use zones.
- Strict protection zones include all old growth forests and critical biodiversity habitats where logging and exploitation are prohibited.
- Community involvement required in zoning and demarcation.
Protected Area Management Board (PAMB)
- Created as the sole policy-making and permit-granting body for NSMNP and buffer zones.
- Powers include issuance of rules, permits, fee setting, enforcement supervision, and coordination.
- Composition includes DENR officials, local government representatives, barangay captains, ICC/IP representatives, NGOs, women’s groups, and youth representatives.
- An Executive Committee (Execom) handles delegated functions and daily affairs.
- Members serve 5-year terms, with grounds and procedures for removal outlined.
Office of the Protected Area Superintendent (PASu)
- PASu serves as chief DENR officer for NSMNP, responsible for implementation, enforcement, personnel management, partnerships with communities, information and education.
- PASu prepares management plans, monitors activities, and aids in prosecution.
Ancestral Lands, Domains, and Tenured Migrants
- Full recognition of ICCs/IPs rights to ancestral lands, applying customary laws.
- Tenured migrants with continuous occupancy prior to March 10, 1997, may be granted tenurial rights, with provisions for relocation under humanitarian considerations if needed.
- Restrictions on land disposition: sales and leases limited to tenured migrants and ICCs/IPs, with leases only in specified zones.
Utilization of Resources and Facilities
- Subsistence use of resources by tenured migrants and ICCs/IPs allowed, subject to sustainability and prior PAMB approval.
- Commercial exploitation, exploration, and extraction by non-qualifiers prohibited.
- Energy projects allowed only through Congress or with stringent requirements, including Environmental Impact Assessment and PAMB endorsement.
- Existing commercial facilities must submit operational impact information; subject to conditions and fees.
Prohibited Acts
- Includes unauthorized hunting, collection, bioprospecting, introduction of exotic species, mining, logging, infrastructure construction, occupation without permit, forest fires, restricted fishing methods, coral reef damage, waste dumping, and violation of rules.
- Additional prohibitions beyond NIPAS Act.
Penalties
- Violations entail fines from ₱5,000 up to ₱1,000,000 depending on offense severity and species involved; imprisonment of 1 to 12 years.
- Accessory penalties include eviction, payment for damages, forfeiture of tools and confiscated resources.
- Public officers who fail to prosecute offenses face fines and permanent disqualification.
- Minor offenses such as unauthorized entry into strict protection zones incur lesser fines or community service.
Exemptions
- ICCs/IPs exempted when acting under customary laws and traditional practices, if uninformed about restrictions.
- Activities under approved management plans and authorized by PAMB or PASu also exempted.
Special Prosecutor
- DOJ to designate a special prosecutor within 30 days to handle protected area violations.
- Coordination with PAMB and PASu is mandatory.
- Private prosecutors may assist on a case-by-case basis.
Integrated Protected Areas Fund (IPAF) and Appropriations
- IPAF established as a trust fund from fees, leases, contributions, and donations to finance NSMNP projects.
- Fund deposited as a special account; disbursements solely for protected area management.
- DENR Secretary to include funding in DENR programs and General Appropriations Act.
Transitory and Miscellaneous Provisions
- Law construed liberally in favor of tenured migrants and ICCs/IPs.
- NIPAS Act applies supplementarily.
- DENR to halt new resource exploitation permits pending management plan implementation.
- Incumbent PAMB members remain until new board convened.
- Separability and repealing clauses provided.
- Act to be translated, published, and posted publicly before effectivity.