Title
Rules for Activities in Tubbataha Reef Marine Park
Law
Tpamb
Decision Date
Jan 28, 2004
The Tubbataha Reef National Marine Park regulations establish strict guidelines for tourism activities to protect its unique ecosystem, prohibiting fishing, harassment of wildlife, and requiring permits for entry and commercial operations, with penalties for violations.
rules
regulations
marine park

Policy, purpose, and guiding principles

  • The rules require primordial consideration to the natural living processes of the park.
  • Conservation of the park’s resources and protection of all flora, fauna and abiotic resources inside TRNMP guides all actions under these rules.
  • Visitation is a privilege, not a right.
  • Visitors must act responsibly to help maintain the park’s economic, biological, educational, socio-cultural and scientific values.
  • All doubts in interpretation and implementation must be resolved in light of the rules’ Declaration of Policies.

Coverage and who must comply

  • The rules apply in the Tubbataha Reef National Marine Park and World Heritage Site.
  • The rules guide all Park users and visitors entering TRNMP.
  • “Visitors” include any individual entering TRNMP for purposes of tourism, research, or official business.
  • “Local tourists” are Filipinos visiting TRNMP.
  • “Crew” refers to all employees of the boat who must possess a seaman’s book or other pertinent seaman’s papers.

Key definitions used

  • “Commercial diving operations” means delivery of scuba diving gears and scuba diving services for a fee.
  • “Moorings” are concrete semi-permanent fixtures on the sea bottom installed by the TPAMB to provide sea crafts and vessels a steady position to tie without damaging corals.
  • “Moorings” include ropes, chains, buoys, and all other attendant components attached to the concrete blocks necessarily used by boats for tying.
  • “Fishing” means taking of fishery species from their wild state or habitat, with or without fishing vessels, and the mere casting or deployment of fishing gear consummates fishing even if no fish are caught.
  • “Fishing gear” means any instrument or device and its accessories used to take fish and other fishery species, including (among others) rods, tackles, hooks, lines, nets, catch bags, gaffs, bait, and equipment for spear fishing whether assembled or separate parts.
  • “Fishing gear” includes fishing implements used for spear fishing whether in assembled form or separate parts.

Registration, permits, and entry requirements

  • A vessel less than twenty-five (25) gross tons is not allowed to undertake commercial diving operations within the Park.
  • 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, dive operators or their representatives must report in person to the Ranger Station.
  • All vessels must secure an entry permit and pay the appropriate charges under the fee schedule before entry/operations.
  • Applications for entry permits must be accurately completed before issuance of an entry permit.
  • Misrepresentation in the application constitutes a violation of these rules.
  • Dive operators must submit a current copy of the Philippine MARINA Registry for TRNMP files at the beginning of the diving season prior to issuance of any entry permits.
  • All vessels must carry necessary first aid and emergency equipment, including oxygen and SOLAS equipment.
  • Diveboat-employed foreign divemasters and/or crew must show certification cards, alien employment permits, and passports.
  • The diver to divemaster ratio must be 8:1.
  • All outstanding fines must be paid, if applicable, prior to issuance of any entry permit.

Mooring rules and buoy usage

  • Boats must use mooring buoys provided within TRNMP.
  • Boats above 200 gross tons must tie to mooring buoys at their own risk and are required to drift during rough weather.
  • Tying to a moored boat is prohibited.
  • The TPAMB is not responsible for any loss or damage that may result from use of mooring buoys.
  • Users must check all lines and accessories prior to use.
  • Users are liable for payment of the cost of damage or reinstallation when damage to moorings results from fault or negligence.
  • Negligence includes:
    • Running over/dragging rope and buoy;
    • Failure to untie from moorings during bad weather conditions; and
    • Other similar acts resulting in damage of moorings.
  • Boats must inform the Ranger Station of the buoy used prior to mooring and again upon disengaging.
  • The Ranger Station must record data on the buoy, and the time and date of use, in the vessel logbook.

Park fees and discounts

  • 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 2,500 per person
    • 50% discount for local tourists
    • 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 or refundable.

Prohibited acts within TRNMP

  • Fishing of any kind is prohibited, whether catch-and-release, for recreation, or for consumption.
  • Fishing gear must be stowed in a locked container prior to entry into TRNMP.
  • Fishing gear must be stowed in locked containers even when the gear is in assembled form or in separate parts.
  • Any fishing gear, component, or accessory found not stowed constitutes a distinct violation and must be fined accordingly.
  • Handling, touching, or feeding marine or terrestrial life forms is prohibited.
  • Willfully approaching and/or chasing marine animals, or any analogous act that would harass or cause stress to marine animals, is prohibited.
  • Gathering/collection of any flora or fauna, their parts, or derivatives is prohibited.
  • Introducing any non-native species to the Park is prohibited.
  • Use of jet-skis or other motorized sports equipment is prohibited.
  • Constructing or installing any kind of structure, fence, or enclosure is prohibited.
  • Cruising around South and North Islets without clearance from the marine park rangers is prohibited.
  • Boats shall not approach the islets closer than 100 meters.
  • Unnecessary noise such as shouting or clapping that disturbs wildlife on the islets is strictly prohibited and constitutes harassment.
  • Landing a boat or setting foot on the North and South Islets is prohibited.
  • Swimming, snorkeling, or diving around the North and South Islets and in the lagoons is prohibited.
  • Polluting or littering is prohibited.
  • Vandalism in any form is prohibited.
  • Anchoring on the reefs is prohibited.

Special permits for filming and research

  • Commercial filming activities require a special permit from the TPAMB.
  • The TPAMB may impose terms and conditions based on prior evaluation of the proposed activities.
  • Filming may not restrict or interfere with operations in the Park.
  • All film crew and staff must follow directions, instructions, and orders of Park staff or lose permission to film.
  • Violation of special permit terms and conditions is subject to penalties under Section 17.
  • Commercial films must acknowledge the TPAMB and indicate where the film was taken.
  • Research in TRNMP requires a permit from the TPAMB.
  • Research permits must comply with the Philippine Wildlife Act and all applicable PCSD resolutions and guidelines.
  • The TPAMB may impose additional terms and conditions on research permits.
  • Violation of research permit terms and conditions is subject to penalties under Section 17 and/or cancellation of the permit.

Regulatory functions and enforcement

  • 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 treated as complaints by the TMO for purposes of summoning violators for administrative hearings before the Executive Committee.

Administrative penalties, liability, and bans

  • Any violation of the rules or commission of prohibited acts within the Park is sufficient ground for administrative fines and cancellation/non-issuance of permit, without prejudice to prosecution under applicable laws, rules, and regulations.
  • Violators are subject to the following penalties:
    • Restoration and payment of actual damages, if any;
    • A fine of not less than Php5,000.00 for every violation;
    • A 200% surcharge in the case of non-payment of fees;
    • Cancellation of permit in the case of commission of any prohibited acts;
    • Immediate expulsion of the dive boat, its complement, and passengers for violations of Sections 13.10 and 13.14;
    • Prohibition from operating within TRNMP for one year from the date of the imposition of the penalty for repeated violations;
    • Non-issuance of permit to persons, vessel owners and/or crew with pending cases in other marine protected areas; and
    • Banning individuals identified as having repeatedly violated any prohibited acts under Section 13.
  • Dive operators/charterers, ship’s captains, and vessel owners are solidarily liable for payment of fines for any violation or damage to the reef caused by their crew and/or passengers.
  • Dive operators must ensure guests and crew are aware of these rules and regulations.
  • Individuals identified to have repeatedly committed prohibited acts are banned from entering TRNMP.

Publication, separability, and repeal

  • The rules establish effectiveness through publication and the 15-day post-publication rule.

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