Republic ofthe Philippines . Department of Environment and Natural Resources Visayas A venue, Diliman, Quczon City Website: http:/www.denr.gov.ph / E-mail: [email protected] MAY 3 0 2019. DENR Administrative Order No. 2019 - -------05 SUBJECT : IMPLEMENTING RULES AND REGULATIONS OF REPUBLIC ACT NO. 7586, OR THE NATIONAL INTEGRATED PROTECTED AREAS SYSTEM (NIPAS) ACT OF 1992, AS AMENDED BY REPUBLIC ACT NO. 11038, OR THE EXPANDED NATIONAL INTEGRATED PROTECTED AREAS SYSTEM (ENIPAS) ACT OF 2018 Pursuant to Section 32 of the ENIP AS Act, the following rules and regulations, incorporating and integrating all existing regulations relevant thereto, arc hereby promulgated: Sectio11 J. Title. - This Act shall be known and referred to as the "National Integrated Protected Areas System Act of 1992". Ruic 1.1 This Administrative Order shall be known as the Implementing Rules and Regulations 1 of the NIPAS Act, as amended by R.A. 11038 or the ENIPAS Act of 2018. Ruic 1.2 This Order applies to the following: I. The remaining initial components of the NIP AS; 2. Protected areas established by Congressional legislation; 3. Protected areas proclaimed by the President under the NIP AS; and 4. Areas covered by Presidential Proclamation or Executive Order and recommended by the Secretary for inclusion into the System. Sectio11 2. Declaratio11 of Policy. - Cognizalll ofthe profound impact ofhuman activities on all components of the natural environment particularly the effect of increasing population, resource exploitation and industrial advancement, and recognizing the critical importance ofprotecting and maintaining the natural, biological, and physical diversities ofthe environment notably on areas with biologically unique features to sustain human life and development, as well as plant and animal life, it is hereby declared the policy of the State to secure for the Filipino people ofpresent and for.future generations, the perpetual existence of all native plants and animals through the establishment of a comprehensive system of integrated protected areas within the classification of national park as provided/or in the Constitution. 1 RA No. 11038 entitled "An Act Declaring Protected Areas and Providing for 1l1cir Management, Amending for this Purpose RA No. 7586, Otherwise Known as the "National Integrated Protected Areas System (NIPAS) Act of 1992", and for Other Purposes" or known as the "Expanded National Integrated Protected Areas System Act of 2018" (22 June 2018). Legend: (a) - amended; (n) - new section/paragraph; (number [letter)) - former section number and/or item. For cxamplc:"4" means this was Section 4 of the old law; "( 10[ d])" means this was Section 10 item d of the old law; "(20[ c]a)" means that this was Section 20 item c of the old law and was amended. No end notation means the section number and text arc unchanged. It is hereby recognized that these areas, although distinct in features, possess common ecological values that may be incorporated into a holistic plan to conserve and protect our natural heritage; that effective administration of these areas is possible only through cooperation among the national government, local governments, concerned nongovcrnmcnt organizations, private organizations, and local communities; that the use and enjoyment of these protected areas must be consistent with the principles ofbiological diversity and sustainable development. (a) To this end, there is hereby established a National Integrated Protected Areas System (NIPAS), which shall encompass ecologically rich and unique areas and biologically important public lands that arc habitats of rare and threatened species of plants and animals, biogcographic zones and related ecosystems, whether terrestrial, wetland or marine, all of which shall be designated as 'protected areas'. The System shall recognize conscn•ation areas and the management regimes being implemented by local government units (LGUs), local comm1mitics and indigenous peoples (IPs). (a) The State shall ensure the full implementation of this Act, the mobilization of resources for the institutional mechanisms herein established, and the full scientific and tcclmical support needed for the conscn•ation ofbiodiversity and the integrity of the ecosystems, culture and indigenous practices. (n) Ruic 2.1 The specific policies governing the establishment and management of the NIP AS shall be as follows: a. The protected areas and their immediate vicinities shall be contiguous to ensure their integrity. Police power and eminent domain may be exercised to achieve this policy. b. Protected areas should complement each other in terms of taxonomic representation, species migration patterns, maintenance of essential ecological processes and life support systems, and efficiency in conservation costs. c. The management plan of protected areas shall be harmonized in consonance with the principles of biological diversity and sustainable development. d. The management of the NIP AS shall contribute to the significant reduction of biodiversity loss. It shall consider the ability of ecosystems to adapt to the impacts of rapid climate change, reduce disaster risks, and mitigate anthropogenic greenhouse gas emissions. Ruic 2.2 In order to achieve the aforementioned policies of the NIP AS, the following strategics shall be adopted: a. In selecting areas for inclusion in the NIPAS, the conservation priority areas in each of the identified biogeographic zones, in both aquatic and terrestrial environments, shall be primarily considered. b. The NIP AS should complement the designation, creation or establishment of similar conservation areas under other domestic laws, and the management regimes of LGUs, local communities, and indigenous cultural communities/indigenous peoples (ICCs/IPs). This must likewise be consistent with, and supportive of the obligations of the Philippines under treaties and international laws. For this purpose, the metes and bounds of these areas may be necessary. c. The sustainability of the NIP AS depends on the collaboration of all stakeholders through Page 2 of55 a functional, transparent, accountable, and participatory governance mechanism; the judicious use of the Integrated Protected Arca Fund; fair and equitable benefit-sharing mechanisms; and the development of other means for the sustainable management of protected areas prescribed under the NIP AS Act, as amended. Sectio11 3. Categories. - Tlze following categories o_fprotected areas are hereby established: a. Strict nalllre reserve; b. Natural park; c. Natural monument; d. Wildlife sanctuary; e. Protected landscapes and seascapes; f Resource resen•e; g. Nafllral biotic areas; and, lz. Other categories established by law, conventions or international agreements which the Philippine Government is a signatory. Ruic 3. 1 The determination of the category of the proposed protected area shall be consistent with the Protected Arca Category Matrix prescribed by the DENR. Ruic 3.2 Other criteria used in determining categories not listed in the NIP AS Act, the ENIP AS Act, or in this Order, but arc prescribed by law, or by conventions or international agreements to which the Philippine Government is a signatory, may be considered in the establishment of protected areas. Provided, that such criteria support biodiversity conservation and sustainable development. Sectio11 4. Deji11itio11 of Terms. -For purposes ofthis Act, the following terms shall be defined as follows: (a) Biological diversity or biodiversity refers to the variability among living organisms from all sources including, inter alia, terrestrial, marine and other aquatic ecosystems and the ecological complexes of which they are part; this includes diversity within species, between species and ofecosystems; (n) (b) Bioprospecting refers to the research. collection, and utilization ofbiological and genetic resources for purposes of applying the knowledge derived therefrom solely for commercial purposes; (n) (c) Buffer zones refers to identified areas outside the boundaries of and immediately adjacent to designated protected areas that need special development control in order to avoid or minimize harm to the protected area; (4[c]a) (d) By-products or Derivatives refer to parts taken or substances extracted from wildlife, in raw or in processed form; (n) (e) Collecting refers to the act ofgathering or han•esting wildlife and its by-products or derivatives; (11) (I) Conveyance refers to eve,y kind of vessel, including motorized or nonmotorized vclzicles, 11011displacement crafts and seaplanes that are used or may be used as a means of transportation 011 land or water. It shall include eve1ythingf01111d therein, except personal effects; (11) Page 3 of55 (g) Delineation refers to the actual ground survey of the boundaries ofprotected areas and their buffer zones and management zones using the global positioning system (GPS) or other applicable survey instruments and technologies, with the intention ofproducing a map ofthe area; (11) (h) Demarcation refers to the establishment of the boundaries of protected areas and their buffer zones using visible markers, monuments, buoys in case ofmarine areas, and /mown natural features and landmarks, among others, as a result of the actual ground delineation; (11) (i) Ecosystem goods and services refer to the multitude of material and nonmatcrial provisions and benefits from healthy ecosystems ncccssa,y for human sustenance, wcll­ bcing, and survival including support processes, provisioning and environment regulating scn•iccs, and