AN ACT ESTABLISHING THE NORTHERN SIERRA MADRE MOUNTAIN RANGE WITHIN THE PROVINCE OF ISABELA AS A PROTECTED AREA AND ITS PERIPHERAL AREAS AS BUFFER ZONES

Case Overview and Summary

Summary of the Northern Sierra Madre Natural Park (NSMNP) Act of 2001

Declaration of Policy and Objectives (Section 2):
- Secure protection, preservation and rehabilitation of the Northern Sierra Madre Mountain Range within Isabela Province.
- Ensure protection and conservation of biodiversity through sustainable and participatory development.
- Advance and protect interests of legitimate inhabitants and honor customary laws.

Definitions (Section 3):
- Defines key terms like biodiversity, bioprospecting, buffer zone, by-product, CITES, collection, commercial, consultation, and other relevant terms.

Declaration and Scope (Section 4):
- Declares the Northern Sierra Madre Mountain Range within Isabela as a protected area under the category of a natural park, called the NSMNP.
- Specifies the boundaries and approximate land area of 287,861 hectares and coastline water area of 71,625 hectares.
- Establishes buffer zones of not more than 1 kilometer wide from the boundaries, except those bordering Cagayan Province.

Management Plan and Zoning (Sections 6-9):
- Management and administration vested with the Protected Area Management Board (PAMB).
- Requires a management plan to be prepared within 1 year, containing goals, objectives, key issues, strategies, zoning, and regulations.
- Requires integration of the management plan into local government development plans.
- Establishes zones within the NSMNP and buffer zones, including strict protection zones, sustainable use zones, and multiple-use zones.

The Protected Area Management Board (PAMB) (Sections 10-15):
- Creates the PAMB as the sole policy-making and permit-granting body for the NSMNP and buffer zones.
- Outlines the powers and functions of the PAMB, including issuing rules and regulations, permits, and fees.
- Specifies the composition of the PAMB, including representatives from government agencies, local government units, NGOs, POs, ICCs/IPs, and the women's sector.
- Establishes an executive committee within the PAMB.
- Provides for the office of the Protected Area Superintendent (PASu) to implement the Act and serve as the secretariat to the PAMB.

Ancestral Lands and Domains and Tenured Migrants (Sections 16-18):
- Recognizes the rights of ICCs/IPs to their ancestral lands and domains within the NSMNP. (Section 16)
- Provides for granting tenurial rights to tenured migrant communities, subject to certain conditions. (Section 17)
- Restricts the purchase, sale, encumbrance, or transfer of rights involving lands within the NSMNP solely among tenured migrants and ICCs/IPs. (Section 18)

Utilization of Resources and Facilities (Sections 19-20):
- Allows the use of resources by tenured migrants and ICCs/IPs for domestic needs or subsistence, subject to PAMB approval for livelihood activities. (Section 19)
- Prohibits commercial exploitation of non-renewable resources within the NSMNP.
- Requires existing commercial facilities within the NSMNP or buffer zones with a total capitalization exceeding ₱50,000 to submit information and obtain PAMB approval. (Section 20)

Prohibited Acts and Penalties (Sections 21-24):
- Lists prohibited acts within the NSMNP and buffer zones, such as hunting protected species, bioprospecting without consent, illegal extraction of resources, and construction without permits. (Section 21)
- Imposes fines of not less than ₱5,000 but not more than ₱500,000 and/or imprisonment of not less than 1 year but not more than 6 years for violations. (Section 22)
- Provides higher penalties for violations involving CITES-listed species and threatened species.
- Exempts members of ICCs/IPs practicing customary laws and traditional practices, subject to conditions. (Section 23)
- Requires the Department of Justice to designate a special prosecutor for cases within the NSMNP and buffer zones. (Section 24)

Proceeds, Fees, and Appropriations (Sections 25-26):
- Establishes the Integrated Protected Areas Fund (IPAF) to finance projects and management of the NSMNP. (Section 25)
- Authorizes the DENR Secretary to include the implementation of the Act in the department's program, funded by the IPAF and appropriations from the General Appropriations Act. (Section 26)

Transitory and Miscellaneous Provisions (Sections 27-31):
- Provides for liberal construction of the Act in favor of tenured migrants, ICCs/IPs, and biodiversity conservation. (Section 27)
- Imposes a temporary cessation of resource exploitation within the NSMNP until the management plan is in effect. (Section 28)
- Includes separability, repealing, and effectivity clauses. (Sections 29-31)