AN ACT FOR THE ESTABLISHMENT AND MANAGEMENT OF SAGAY MARINE RESERVE

Case Overview and Summary

Summary of the Sagay Marine Reserve Law

Establishment and Scope
- Establishes the Sagay Marine Reserve as part of the National Integrated Protected Areas System (NIPAS) under Republic Act No. 7586. (Section 2)
- The Reserve covers the islands of Molocaboc, Molocaboc Diut, Matabas, Suyac, and their surrounding reefs, as well as the reefs of Carbin, Macahulom, Panal, and the coastal waters of specified barangays in Sagay City, Negros Occidental. (Section 3)
- The boundaries of the Reserve, covering an area of 32,000 hectares, are defined with specific coordinates. (Section 3)

Definitions
- Defines key terms such as "buffer zones," "ecotourism," "fish production," "management plan," "management manual," "maximum sustainable yield," "multiple-use zones," "Secretary," and "small fisherfolk inhabitant." (Section 4)

Protected Area Management Board (PAMB-SMR)
- Establishes the PAMB-SMR as the sole policy-making and permit-granting body for the Reserve and its buffer zones. (Section 5)
- Outlines the powers and functions of the PAMB-SMR, including formulating the management plan and manual, controlling and supervising the Reserve Superintendent, delineating management zones, promulgating rules and regulations, granting permits, and conducting studies. (Section 5)
- Specifies the composition of the PAMB-SMR, including representatives from government agencies, local government units, non-government organizations, and other stakeholders. (Section 6)
- Provides for the removal of PAMB members for specific grounds, such as unexcused absences, prohibited acts, graft and corruption, and criminal convictions. (Section 7)

Management Plan and Manual
- Requires the preparation of a management plan and manual within one year of the law's effectivity, with assistance from experts and approval by the Secretary of the Department of Environment and Natural Resources (DENR). (Section 8)
- The management plan serves as the long-term framework for managing the Reserve, while the manual includes background information, resource inventory, objectives, management zones, and programs. (Section 8)

Sagay Marine Reserve Office and Superintendent
- Establishes the Sagay Marine Reserve Office headed by the Reserve Superintendent, who is the chief operations officer of the Reserve. (Section 9)
- Outlines the powers and functions of the Reserve Superintendent, including enforcing laws and regulations, monitoring activities, developing education and visitor programs, and hiring personnel. (Section 10)

Small Fisherfolk Inhabitants
- Allows small fisherfolk inhabitants, defined as those who have lived within the Reserve for at least five years before the law's passage and are solely dependent on fishing for sustenance and livelihood, to fish within the Reserve subject to rules and regulations. (Section 11)

Other Activities within the Reserve
- Requires an Environmental Impact Assessment (EIA) and Environmental Compliance Certificate (ECC) for activities outside the scope of the management plan. (Section 12)
- Provides guidelines for existing infrastructure, special-use infrastructure, livelihood and economic activities, energy and mineral use, and special activities within the Reserve. (Section 12)

Reserve Trust Fund
- Establishes a trust fund for financing projects and activities in the Reserve, funded by donations, endowments, grants, and incomes generated within the Reserve. (Section 13)
- Requires a minimum of 5% of the total amount to be remitted to the Integrated Protected Areas Fund of the DENR. (Section 13)

Prohibited Acts and Penalties
- Lists prohibited acts within the Reserve, such as hunting, dumping waste, using motorized equipment without a permit, damaging natural resources, and constructing structures without a permit. (Section 14)
- Imposes fines ranging from ₱5,000 to ₱500,000 and/or imprisonment of 1 to 6 years for violations, as well as potential restoration or compensation for damages. (Section 15)

Appropriations and Transitory Provisions
- Requires the necessary funds to be included in the General Appropriations Act following the law's enactment. (Section 16)
- Allows incumbent PAMB members to continue holding office until a new PAMB is convened. (Section 17)

Separability Clause, Repealing Clause, and Effectivity
- Includes standard provisions for separability, repealing inconsistent laws, and the law's effectivity date. (Sections 18-20)