Law Summary
Purpose
- To prescribe procedures and guidelines for tourism activities within TRNMP.
- Ensures the objectives of the TRNMP Management Plan are met.
Declaration of Policy
- Priority is given to natural living processes and conservation.
- Protection of flora, fauna, and abiotic resources is key.
- Visitors are observers and must act responsibly; visitation is a privilege, not a right.
- Maintenance of economic, biological, educational, socio-cultural, and scientific values is emphasized.
Construction of Rules
- Interpretation resolves doubts in light of the stated policies.
Definitions
- Commercial Diving Operations: Delivery of scuba gear/services for a fee.
- Moorings: Concrete semi-permanent fixtures with ropes, buoys used to avoid coral damage.
- Visitors: Individuals entering for tourism, research, or official business.
- Fishing: Taking fish species from wild habitat; deployment of gear itself constitutes fishing.
- Fishing Gear: Instruments used for fishing like rods, nets, hooks, spear fishing equipment.
- Local Tourists: Filipino visitors.
- Crew: Boat employees with seaman's papers.
Vessel and Operational Requirements
- Vessels under 25 gross tons not allowed for commercial diving operations.
- Dive operators must register with the Ranger Station by radio or in person upon entry.
- Mandatory use of mooring buoys; boats over 200 GT tie at their own risk and must drift in rough weather.
- Tying to moored boats prohibited.
- Damage to moorings due to negligence leads to liability for costs.
- Negligence includes running over mooring lines, failure to untie during storms, and similar acts.
Mooring and Reporting Procedures
- Boats inform ranger station before and after using mooring buoys.
- Records of mooring usage maintained by ranger station and vessel logbooks.
Entry Permits and Fees
- All vessels and persons need an entry permit; must accurately complete applications.
- Misrepresentation is a violation.
- Dive operators must submit Philippine MARINA Registry copy.
- Vessels must carry first aid, oxygen, SOLAS equipment.
- Foreign dive staff must present certifications, employment permits, passports.
- Diver to divemaster ratio set at 8:1.
- Outstanding fines must be paid before permit issuance.
- Vessel entry fees range from Php3,000 to Php6,000 depending on tonnage.
- Visitor fee Php2,500, with 50% discounts for locals and repeat visits.
- Divemasters pay Php250.
- Minors (12 and below) and crew are exempt.
- Fees are non-transferable and non-refundable.
Prohibited Acts
- All forms of fishing, regardless of intent.
- Failure to stow fishing gear in locked containers.
- Handling, feeding, or touching marine or terrestrial life.
- Harassing or stressing marine animals (e.g., chasing).
- Collection of flora/fauna or derivatives.
- Introduction of non-native species.
- Use of jet-skis or motorized sports.
- Construction/installing structures or enclosures.
- Approaching islets (within 100m) or disturbing wildlife.
- Landing on North and South Islets.
- Swimming, snorkeling, diving around islets and lagoons.
- Pollution, littering, vandalism.
- Anchoring on reefs.
Special Permits for Filming and Research
- Commercial filming requires TPAMB permit and compliance with conditions.
- No interference with park operations; film crews must follow park staff directives.
- Filming must acknowledge TPAMB and location.
- Research activities require TPAMB permit and adherence to related laws and conditions.
Regulatory and Enforcement Powers
- TPAMB representatives may board and inspect vessels anytime.
- Reports from rangers and staff serve as complaints to summon violators for hearings.
Penalties and Sanctions
- Violations lead to fines, permit cancellation/non-issuance, or prosecution.
- Penalties include:
- Restoration and payment for damages.
- Minimum fine of Php5,000 per violation.
- 200% surcharge for non-payment of fees.
- Immediate expulsion for certain violations (e.g., landing on islets, reef anchoring).
- One-year ban on TRNMP operation for repeated violations.
- Non-issuance of permits for pending cases elsewhere.
- Banning individuals for repeated prohibited acts.
- Solidary liability attaches to dive operators, captains, and vessel owners for crew and passenger violations and damages.
Effectivity
- Rules effective 15 days after publication in a national newspaper.
This thorough framework safeguards TRNMP’s ecological integrity while regulating activities to balance conservation and sustainable tourism.