Policy, purpose, and interpretive principles
- The rules are promulgated to prescribe procedures and guidelines for entry and the conduct of tourism and all other activities in TRNP to ensure achievement of conservation objectives.
- The natural living processes of the park, conservation of its resources, and protection of all flora, fauna and abiotic resources within TRNP guide implementation.
- Authorized entry into the park is treated as a privilege, not a right.
- TRNP must be treated as a no-take zone.
- Any doubt in interpretation and implementation must be resolved in light of the Declaration of Policies contained in the rules.
Coverage and key definitions
- These rules apply in the Tubbataha Reefs Natural Park and World Heritage Site.
- Commercial diving operations refers to operations involving delivery of scuba diving gears and scuba diving services to local or foreign tourists for a fee.
- A Boat Operator/manager refers to any natural or juridical person who conducts diving or snorkeling operations in TRNP for a fee or for free.
- Entrants include any person (natural or juridical) or vessel entering TRNP, with or without a permit, and are classified as:
- Visitors: persons entering for purposes of tourism allowed under the Management Plan, research, or official business;
- Crew: employees of the boat who must possess a seaman’s book or other pertinent seaman’s papers;
- Unauthorized Entrants: persons entering without a permit from the TPAMB, whether accidentally or deliberately.
- Grounding refers to accidental or unintentional hitting/striking of the reef or substrate with a watercraft; while the act itself is not punishable, damage to the substrate is penalized.
- Beaching refers to deliberate or intentional hitting/striking of the reef or substrate with a watercraft; while the act itself is not punishable, damage to the substrate is penalized.
- Moorings are fixtures installed by the TPAMB on the sea bottom to provide steady positions to tie to avoid damaging corals, including ropes, chains, buoys, and all attendant components attached to concrete blocks used by boats for tying.
- Fishing means taking fishery species from their wild state or habitat with or without fishing vessels, and the mere casting or deployment of fishing gear consummates fishing whether or not fish are actually caught.
- Fishing gear includes any instrument/device and accessories used in taking fish and fishery species, including rods, tackles, hooks, lines, nets, catch bags, gaffs, bait, and equipment for spear fishing, whether assembled or in separate parts.
- Repeat offender refers to a person (natural or juridical) who previously violated park rules and has a pending case with, or has been finally judged by, the TPAMB, the PCSD Adjudication Board, or a court of law.
Entry rules and permitted activities
- Boat operators/managers must ensure that all passengers and crew are cognizant of these 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.
- Dive operators (or their representatives) must register with the Ranger Station by radio (VHF Ch16) upon entering the park; if radio registration is not possible, they must report in person.
- Boats must use mooring buoys provided within TRNP.
- Boats above 200 gross tons tie to mooring buoys at their own risk and must drift during rough weather.
- The TPAMB is not responsible for loss or damage resulting from the use of mooring buoys; users must check all lines and accessories prior to use.
- Boats must inform the ranger station of the buoy used prior to mooring and upon disengaging.
- The ranger station records data on the buoy, the time and date of use, and this data is recorded on the vessel logbook.
Permits, fees, and special authorizations
- Entry permit applications must be accurately completed before issuance of a permit.
- Any misrepresentation in an application constitutes a violation of the rules.
- Dive operators must submit a current copy of the Philippine MARINA Registry for TRNP files at the beginning of the diving season prior to issuance of any entry permits.
- All vessels must have necessary first aid and emergency equipment, including oxygen and SOLAS equipment.
- Foreign divemasters and/or crew working in diving boats must submit copies of certification cards, alien employment permits, and passports.
- The diver-to-divemaster ratio must be 8:1.
- Outstanding fees and charges must be paid, if applicable, prior to issuance of any entry permit.
Park fees
- Vessel entry fees are:
- 100 GT and below: Php3,000.00
- 101-200 GT: Php4,500.00
- 201 and above: Php6,000.00
- Visitor entry fees are:
- Php 3,000 per person
- 50% discount for repeat visits within the season
- Php 250.00 for divemasters hired to provide diving services
- Minors aged 12 years or below, and boat crew are exempt from payment of park fees.
- Fees must be paid in Philippine Currency.
- Vessel and visitor entry fees are not transferable and not refundable.
Commercial filming
- A special permit from the TPAMB is required to cover commercial filming activities.
- No filming may restrict or interfere with operations in the park.
- All film crew and staff must follow directions, instructions, and orders from park staff or lose permission to film.
- Violation of the special permit terms and conditions is subject to penalties under Section 18.
- Commercial use of the film should acknowledge the TPAMB and where the film was taken.
Research and sample collection
- Research and collection of samples in TRNP are covered by a permit from the TPAMB.
- Research and sample collection must comply with the Philippine Wildlife Act and all applicable PCSD resolutions and guidelines.
- The TPAMB may impose additional terms and conditions on the research permit.
- Violations of permit terms and conditions are subject to penalties under Section 18 and/or cancellation of the permit.
Inspection, administrative hearings, and adjudication link
- The TPAMB or its representatives may board and inspect vessels at any time.
- Official reports filed by marine park rangers, TPAMB members, and TRNMP representatives may be considered complaints by the TMO for the purpose of summoning violators for administrative hearings before the PCSD Adjudication Board (PAB).
Prohibited acts and penalties
The following acts are prohibited inside TRNP, unless otherwise approved by the board:
- Commercial diving operations by vessel less than twenty-five (25) gross tons.
- Grounding or beaching.
- Entry into the park without a permit.
- Tying to a moored boat is prohibited; any damage to moorings due to fault or negligence makes the user liable for the cost of damage or reinstallation.
- The following constitute negligence by the user:
- Running over/dragging rope and buoy
- Failure to untie from moorings during bad weather conditions
- Other similar acts resulting to damage of moorings
- All forms of fishing, whether catch-and-release, for recreation, or for consumption.
- Not stowing fishing gear: all fishing gear (assembled or separated into parts) 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.
- Handling, touching, or feeding marine or terrestrial life forms.
- Willfully approaching and/or chasing or any analogous acts toward wildlife.
- Gathering, collection, and/or possession of flora or fauna, their parts, or derivatives, except as provided in Section 15.
- Introducing any species not endemic to the park.
- Use of jet-skis or other unauthorized motorized sports equipment.
- Constructing or installing any kind of structure, fence, or enclosure.
- Cruising less than 100 meters around South and North Islets without clearance from the marine park rangers.
- Landing a boat or setting foot on the North and South Islets.
- Swimming, snorkeling, or diving around North and South Islets and in the lagoons.
- Polluting or littering.
- Vandalism in any form.
- Anchoring on the reefs.
- Other acts that might result in damage to the park or parts thereof.
Administrative and financial penalties
- Whoever violates these rules, or is found guilty through administrative proceedings by the TPAMB or the PAB, shall be fined not less than Php5,000 nor more than Php500,000, exclusive of the value of damages and required rehabilitation/restoration costs.
- Boat operators/charterers, shipas captains, and owners of vessels are solidarily liable for fines for any violation or damages to the reef caused by their vessel, crew, and/or passengers.
Additional penalty consequences
- Section 18.1 imposes 200% of fees in the case of non-payment of fees.
- Section 18.2 provides cancellation of permit for commission of any prohibited acts, and the violation causes immediate expulsion of the dive boat, its complement, and passengers from TRNP.
- Section 18.3 imposes prohibition from operating within TRNP for one (1) year from the date of imposition of the penalty for repeated violations.
- Section 18.4 provides non-issuance of permits to commercial dive operators with a record of violations in other marine parks/reserves upon endorsement of DENR or park/reserve managers.
- Section 18.5 provides banning of individuals identified to have repeatedly violated any prohibited acts under Section 17.
- Section 18.6 imposes, for grounding or beaching, a penalty of Php12,000 per square meter regardless of the bottom relief of the area.
Separability, repeal, and effectivity
- If any provision is declared unconstitutional, the remaining provisions remain valid under the separability clause.
- The Amended Rules and Regulations for the Conduct of Tourism Activities in TRNMP World Heritage Site, adopted by the TPAMB by virtue of Resolution 03-12 approved on August 26, 2003, are repealed.
- The rules become effective 15 days after publication in a local newspaper of general circulation.