AN ACT TO ESTABLISH THE BATANES GROUP OF ISLANDS AND ISLETS AS A PROTECTED AREA

Case Overview and Summary

Summary of Republic Act No. 8991 (Batanes Protected Area Act of 2000)

Declaration of Policy (Section 2)
- Regulate utilization of fishery, marine resources, aggregates, wild flora and fauna, culture, indigenous knowledge, historical artifacts and sites.
- Ensure continuity of endangered, threatened and rare species.
- Preserve Ivatan heritage and conserve scenic, cultural, historical and archeological features of Batanes Islands.
- Classified forest lands are within national park classification under the Constitution.
- Agricultural and alienable/disposable lands remain as such.

Scope and Coverage (Section 3)
- Covers an area of approximately 213,578 hectares as a protected area.
- Provides geographic coordinates defining the boundaries.
- Private lands inside the protected area are governed as part of the protected area.
- Penal provisions do not apply to private lands unless specifically stated.

Definitions (Section 4)
- Defines terms such as alienable and disposable lands, ancestral lands and domains, forest lands, non-government organization, non-renewable resources, people's organization, peripheral waters, private lands, and protected species.

Management Plan (Section 5)
- Protected Area Superintendent (PASu) to prepare the management plan in consultation with DENR, local experts, people's organizations, NGOs, LGUs, and other agencies.
- Management plan to be reviewed, approved, and adopted by the Protected Area Management Board (PAMB) and certified by the DENR Secretary.
- Plan to contain category of protected area, period of applicability, key management issues, goals and objectives, site management strategy, major management activities, zoning, visitor management programs, and waste management programs.
- Zoning to give primary consideration to traditional zones used and recognized by Ivatans and tenured migrants.
- Plan to be in a language understandable in the area and available for public perusal.

Institutional Mechanisms (Section 6)
- Establishes the Protected Area Management Board (PAMB) as the policy-making body, with composition and powers/functions specified.
- Establishes the Protected Area Superintendent (PASu) Office, with powers and functions specified.
- Allows delegation of authority by PASu to staff.

Ancestral Lands and Domains (Section 7)
- Lands occupied by Ivatans since time immemorial deemed never to have been public.
- Ancestral lands and domains to be identified, delineated, and titled in accordance with the Indigenous People's Rights Act (IPRA).

Tenured Migrants (Section 8)
- Tenured migrants are those who have continuously occupied forest lands within the protected area before June 30, 1987, and are substantially dependent on such areas for livelihood.
- Tenured migrants to be issued tenure instruments over occupied/cultivated areas since June 30, 1987.
- Provision for transfer of tenured migrants to multiple use zones or buffer zones if their occupied areas are designated as no-occupation zones.
- Rehabilitation of areas upon cancellation or surrender of tenured migrant instruments.

Prohibited Acts and Penalties (Section 9)
- Specifies prohibited acts and corresponding penalties, including fines and imprisonment, for various offenses such as hunting/destroying wildlife, mineral exploration, quarry operations, commercial fishing, use of explosives/noxious substances in fishing, cutting/removing timber or forest products, altering topography, damaging roads/trails/objects of natural beauty, constructing structures without permits, occupying forest lands without legal instrument, violating rules and regulations, dumping waste, killing/injuring protected species, possessing chainsaw without clearance, bringing in exotic species/hazardous substances, and bringing out live fish without cyanide testing.
- Provides penalties for aliens engaging in fishing activities within municipal waters, including deportation and vessel confiscation.
- Imposes penalties for inducing/conspiring to commit prohibited acts and for public officers who fail to prosecute violators.

Special Prosecutor (Section 10)
- Department of Justice to appoint a special prosecutor to handle cases of violation of laws, rules, and regulations in the protected area within 30 days from the law's effectivity.
- Special prosecutor to coordinate with PAMB and PASu, and assist in training wardens and rangers.

Local Government Units (Section 11)
- Local government units to participate in the management of the protected area through representation in the PAMB.
- LGUs to ensure rules allow them to consolidate plans and projects with the management planning process.

Revenue Sharing (Section 12)
- LGUs to continue collecting fees, charges, taxes, and other revenues within their powers.
- Integrated Protected Area Fund (IPAF) to include taxes from permitted sale of wild flora and fauna, donations, contributions, grants, proceeds from leases by tenured migrants, and revenues imposed and collected by PAMB.

Existing Facilities (Section 13)
- Existing major facilities within the protected area to submit project descriptions to PAMB through PASu within 60 days from the law's effectivity.
- PAMB to determine if the facility's existence and future operation will be detrimental to the protected area, and impose conditions if necessary.
- Fines for violation of conditions, and cessation/demolition of facility at owners' cost if total fines reach P500,000.
- Existing facilities allowed to remain may be charged a reasonable royalty by DENR, with income accruing to IPAF.

Utilization of Energy and Non-renewable Resources (Section 14)
- Exploitation and utilization of energy and non-renewable resources within the protected area allowed only through PAMB approval, in consultation with the Department of Energy.
- No exemption from Environmental Impact Assessment (EIA) system for energy and non-renewable resource exploitation projects.

Appropriation (Section 15)
- Amount necessary for implementation to be included in the annual General Appropriations Act of the DENR.

Construction (Section 16)
- Provisions to be construed liberally in favor of occupants of the protected area.
- NIPAS Act to have suppletory effect in implementation.

Repealing Clause (Section 17)
- Provisions of NIPAS Act modified in accordance with this Act within the scope of the protected area.
- Other inconsistent laws, rules, and regulations repealed or modified accordingly.
- Prohibitions and penalties under NIPAS Act superseded within the scope of the protected area.

Separability Clause (Section 18)
- If any part or section is declared unconstitutional, it shall not affect other parts or sections.

Effectivity Clause (Section 19)
- Act to be translated in English and Ivatan, and published in newspapers and posted in conspicuous places.
- Act to take full force and effect 15 days after the last publication.