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PHILIPPINE LAWS, STATUTES & CODES
A collection of Philippine laws, statutes and codes not included or cited in the main indices of the Chan Robles Virtual Law Library.
Republic Acts :
REPUBLIC ACTS
REPUBLIC
ACT NO. 9106
AN ACT FOR THE ESTABLISHMENT AND
MANAGEMENT OF SAGAY MARINE RESERVE, DEFINING ITS SCOPE COVERAGE, AND
FOR OTHER PURPOSES.
AN ACT FOR THE ESTABLISHMENT AND
MANAGEMENT OF SAGAY MARINE RESERVE, DEFINING ITS SCOPE COVERAGE, AND
FOR OTHER PURPOSES. |
Section 1. Title. — This Act shall be known and cited as the "Sagay Marine Reserve Law."
NORTHING EASTING Sec. 4. Definition of Terms. — For purposes of this Act, the following terms are defined as follows: (a)
"Buffer zones" are identified areas outside the boundaries of and
immediately adjacent to the Reserve that need special development and
control in order to avoid or minimize harm to the Reserve. Sec. 5. The Protected Area Management Board for Sagay Marine Reserve. — There is hereby created a Protected Area Management Board for Sagay Marine Reserve (PAMB-SMR) which shall be the sole policy-making and permit-granting body of the Reserve and its buffer zones. In addition to the powers enumerated in Republic Act No. 7586, the PAMB-SMR shall decide by a majority vote and shall have the following powers and functions: (a)
Formulate the management plan and management manual of the Reserve; The DENR, through the Regional Executive Director, shall ensure that the PAMB-SMR acts within the scope of its powers and functions. In case of conflict between administrative orders issued by the DENR pursuant to Republic Act No. 7586 and the resolutions issued by the PAMB-SMR, the secretary shall decide whether to apply the rule or withdraw its application from the Reserve. Sec. 6. Composition. — The PAMB-SMR shall be composed of the following: (a)
The regional executive director of the DENR Region VI, as ex officio
chairperson; The members shall choose from among themselves the vice chairperson of the PAMB-SMR. The non-ex officio members of the PAMB-SMR shall serve for a term of five (6) years. The two (2) co-chairpersons, the vice chairperson, and the members shall not receive compensation but shall be entitled to reasonable per diem incurred in the performance of their duties in accordance with existing budgeting and auditing rules and regulations. Sec. 7. Removal from Office. — A PAMB member may be removed for cause and upon majority vote on the following grounds: a)
More than three (3) consecutive unexcused absences in regular PAMB en
banc meetings; Sec. 8. Management Plan and Manual. — Within one (1) year from the effectivity of this Act, a management manual which contains the Marine Reserve Management Plan and supporting data shall be prepared in accordance with the General Management Planning Strategy as provided in Republic Act No. 7586. The management plan shall serve as the basic long-term framework plan in the management of the marine reserve and guide in the preparation of the annual operations plan and budget. The management manual shall be drafted with the assistance of experts in such fields as socioeconomic planning, ecology and marine reserve management, reviewed and endorsed by the PAMB-SMR, and approved by the Secretary. (1)
The management plan shall promote the adoption and implementation of
innovative management techniques, including: (a)
buffer zone management; (2) The management manual shall include: (a)
basic background information; The management plan shall be reviewed and updated on a regular basis, at least once every three (3) years. However, in cases where significant physical development occur within the Reserve or critical resources constraints prevent implementation of important programs or projects, the management plan or some components thereof may be revised or modified. Any modification or revision of the management plan shall be approved by a majority of PAMB-SMR members. Sec. 9. Sagay Marine Reserve Office. — There is hereby created the Sagay Marine Reserve Office headed by the Sagay Marine Reserve Superintendent, hereinafter referred to as the Reserve Superintendent, who shall be the chief operations officer of the Reserve. Sec. 10. Powers and Functions of the Reserve Superintendent. — The Reserve Superintendent shall have full responsibility for the protection of the resources within the Reserve. As such, he/she shall have the following duties and responsibilities in addition to those provided under existing rules and regulations: (a)
Serve as secretariat to the PAMB-SMR with the duty to provide the
PAMB-SMR with all the information necessary to make appropriate
decisions for the implementation of this Act; Sec. 12. Other Activities within the Reserve. — Proposals for activities which are outside the scope of the management plan shall be subject to an Environmental Impact Assessment (EIA) as required by existing laws, rules and regulations. Results thereof shall be taken into consideration in the decision-making process of the PAMB-SMR. No actual implementation of such activities shall be allowed without the required Environmental Compliance Certificate (ECC) under the Philippine Environmental Impact Assessment System and PAMB-SMR approval. For purposes of this Act, the following are provided: (a)
Existing Infrastructure. — Existing infrastructure established within
the Reserve by government and non-government institutions shall be
subject to inventory and evaluation as to whether it conforms to the
management plan and assessed in terms of their significance to the
public interest and impact to the Reserve. In case they are found
significant to public interest, but with no adverse impact to the
Reserve, a contract or agreement may be entered into by the PAMB-SMR
including negotiations of payment fees based on profit-sharing
agreement in accordance with law: Provided, that infrastructure which
do not conform to the management plan shall not be allowed to be
repaired, renovated or improved until they are naturally destroyed and
vacated. Repairs, renovation and improvement of the existing
infrastructure allowed by the PAMB-SMR within the Reserve shall be in
conformity with the management plan and duly approved by the PAMB-SMR. The
PAMB-SMR, upon recommendation of the Reserve Superintendent, when
findings show that fish production exceeds the maximum sustainable
yield, may open certain portions of the multiple-use zones and buffer
zones to economic activities which shall be in accordance with the
management plan and in all cases use ecologically sustainable methods. Sec. 13. Reserve Trust Fund. — A trust fund shall be created for the Reserve for purposes of financing projects and activities provided in the Management Plan. For this purpose, the PAMB-SMR may solicit and receive donations, endowments and grants in the form of contributions: Provided, that donations generated by the PAMB-SMR shall accrue to the Reserve for its use. A minimum of five percent (5%) of the total amount shall be remitted to the Integrated Protected Areas Fund of the DENR. Disbursement from the Reserve trust fund shall be made solely for the protection, maintenance, administration and management of the Reserve, and duly approved projects by the PAMB-SMR in accordance with the guidelines developed by the PAMB-SMR for the purpose. All incomes generated within the Reserve shall accrue to the trust fund and may be utilized directly by the PAMB-SMR for the above purpose. These incomes shall be derived from taxes from the permitted sale and export of flora and fauna and other resources of the Reserve; proceeds from the lease of multiple-use or buffer zone areas; contribution from industries and facilities directly benefiting from the Reserve; and such other fees and incomes derived from the operation of the Reserve. Sec. 14. Prohibited Acts. — The following acts are prohibited within the Reserve: (a)
Hunting, destroying, disturbing or mere possession of any marine
resources or products derived therefrom without a permit from the
PAMB-SMR; Provided, that the establishment of submarine electric power transmission cables, submarine water pipelines, submarine telecommunication wires, and ports and wharves shall not be prohibited notwithstanding the provisions of this Act. Sec. 15. Penalties. — Any person found guilty of any of the offenses enumerated above shall be punished with fine in an amount not less than Five thousand pesos (P5,000.00) but not more than Five hundred thousand pesos (P500,000.00), exclusive of the value of the things damaged, or imprisonment of not less than one (1) year and not more than six (6) years, or both, as determined by the court. Prohibited acts mentioned in paragraph (a) of Sec. 14 of this Act shall be punished with penalties imposed under Articles 309 and 310 of the Revised Penal Code. If the Reserve requires rehabilitation and restoration as determined by the court, the offender shall be required to restore or compensate for the restoration of the damage. The court shall order the forfeiture of all mineral, flora or fauna collected or removed, including all equipment, devices and firearms used in connection therewith, and any construction or improvements made thereon by the offender. If the offender is an association or corporation, the president or manager shall be responsible for the act of his/her employees and laborers. Sec. 16. Appropriations. — The amount necessary to carry out the provisions of this Act shall be included in the General Appropriations Act of the year following its enactment into law and thereafter. Sec. 17. Transitory Provision. — Pending the organization of a new PAMB in accordance with this Act, the incumbent PAMB members shall continue to hold office until a new PAMB has been convened. Sec. 18. Separability Clause. — If any part of this Act shall be declared unconstitutional, such declaration shall not affect the other parts or Section s hereof. Sec. 19. Repealing Clause. — All laws, presidential decrees, executive orders, and rules and regulations inconsistent with the provisions of this Act shall be deemed repealed or modified accordingly. Sec. 20. Effectivity. — This Act shall take effect fifteen (15) days after its complete publication in two (2) newspapers of general circulation. Approved:
April 14, 2001. |
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