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(NAR) VOL. II NO. 2 / APRIL - JUNE 1991

[ DENR ADMINISTRATIVE ORDER NO. 14, April 05, 1991 ]

AMENDING A.O. NO. 518, S. 1984, ON ESTABLISHMENT OF CERTAIN AREAS IN NORTHWESTERN PALAWAN AS MARINE TURTLE SANCTUARY AND PROMULGATION OF RULES FOR THE ADMINISTRATION AND CONRTOL THEREOF



Pursuant to the provisions of Executive Order No. 192 dated June 10, 1987, Presidential Proclamation No. 219 dated July 2, 1967, as amended, Presidential Decree No. 704, dated May 16, 1975, Presidential Decree No. 705, dated May 19, 1975, as amended, and Presidential Decree No. 1568, dated June 11, 1978, as amended, and in consonance with the DENR's thrust on ensuring the sustainable use of coastal and marine resources through the protection of critical terrestrial and marine environments, MNR Admin. Order No. 518 dated December 10, 1984 is hereby amended as follows:

SECTION 1. Name – The established area is renamed from the El Nido Marine Turtle Sanctuary to the El Nido Marine Reserve.

SECTION 2. Area – The established area is redefined to constitute portions of the mainland of El Nido and to cover several islands along Bacuit Bay and its surrounding waters which are within the periphery of the following coordinates
Beginning at Nacpan Point in the NW Palawan Coast, about 18 kilometers NE of El Nido town proper at Lat. 11 deg. 20 min. 26 sec., Long. 119 deg. 25 min. 28 sec.;

thence southeast following the natural watershed ridgeline of Yocoton and Barotuan rivers to Point 2, a mountain peak at Lat. 11 deg. 18 min. 48 sec., Long. 119 deg. 26 min. 16 sec.;

thence southeast following the natural watershed ridgeline of Barotuan and Quinaoangan rivers to Point 3, a mountain peak at Lat. 11 deg. 14 min. 45 sec., Long 119 deg. 27 min. 57 sec.;

thence southwards following the natural watershed ridgeline of Bulalacao river to Point 4, the peak of Mt. Ynantagung at Lat. 11 deg. 10 min. 15 sec., Long. 119 deg. 26 min. 58 sec.;

thence southwards following the natural watershed ridgeline of Boboaogan, Amergon and Manlalec rivers to Point 5, Shark Fin Peak at Lat. 11 deg. 3 min. 25 sec., Long. 119 deg. 27 min. 36 sec.;

thence southwest following the natural watershed ridgeline of Aberawan and Langeblangeban rivers to Point 6, near the El Nido-Taytay boundary at Lat. 11 deg. 00 min. 16 sec., Long. 119 deg. 25 min. 11 sec.;

thence westwards following the course of Cataban river to Point 7 in Cataban Bay between Bubuan and Bivouac points at Lat. 11 deg. 00 min. 39 sec., Long. 119 deg. 20 min. 49 sec.;

thence northwest to Point 8 in Pangolan Cove between Black Rock and Cabcab points at Lat. 11 deg. 02 min. 17 sec., Long. 119 deg. 19 min. 20 sec.;

thence due west to Point 9 in South China Sea at Lat. 11 deg. 02 min. 17 sec., Long 119 deg. 13 min. 00 sec.;

thence due north to Point 10 in the South China Sea at Lat. 11 deg. 15 min. 00 sec., Long. 119 deg. 13 min. 00 sec.;

thence northeast to the point of beginning.
The reference map of the El Nido Marine Reserve with its redefined boundaries is attached as Annex A*.

SECTION 3. Administration and Control – The authorities, management and control of the above stated area, subject to private rights, if there be any. shall be under the DENR (El Nido Marine Reserve Management Office, or any other office as may be authorized by the DENR) the agency authorized by law to manage and enforce legislations and regulations pertaining to the protection and development of natural resources and environments, in coordination with the local municipal government.

SECTION 4. Management Objectives – The establishment of the El Nido Marine Reserve shall be guided by the following objectives.

4.1 To properly manage and effectively protect the marine, coastal, and associated forest and riverine environments within the reserve, including the islands within and its terrestrial resources; and

4.2 To promote the sustainable use of resources within the reserve in order to ensure their long-term productivity in support of local community needs and other compatible uses.

SECTION 5. Project Activities – The concerned El Nido Marine Reserve authorities and/or managers shall undertake the following major activities:

5.1 Provide over-all control, supervision, and management of the marine reserve;

5.2 Enforce all forestry and fishery laws, rules and regulations in cooperation with concerned DENR offices, the Department of Agriculture (DA), and the local government units;

5.3 Assist the Department of Tourism (DOT) in monitoring tourism activities and in regulating tourism-related development projects based on the DOT and DENR's guidelines on tourism development and management zones for the reserve;

5.4 Study, prescribe and evaluate properwaste disposal methods and procedures for various materials and users.

5.5 Undertake resource rehabilitation projects and encourage ecological studies and other related scientific researches in the area;

5.6 Establish structures and facilities as support services to the major project activities;

5.7 Undertake community development projects and information dissemination campaigns on the proper and sustainable use of resources of the reserve to the different communities located along and within the boundaries of the reserve; and

5.8 Designate management zones for various multiple-uses which are compatible with its goals (Zoning plan is attached as Annex B)*.

SECTION 6. Prohibited Activities – It shall be unlawful for any person, association, partnership, cooperative or corporation to undertake the following activities within the El Nido Marine Reserve, subject to existing laws, decrees, ordinances, rules and regulations:

6.1 Take, catch, gather, disturb or kill marine turtles and eggs, dugongs and other protected wildlife species, including but not limited to whales, crocodiles, game birds, and other species of endangered wild plants and animals, unless otherwise granted a specific permit;

6.2 Collect and gather molluscs and tropical fishes for commercial and/or souvenir purposes;

6.3 Catch and collect fish for sport and recreational purposes using guns, harpoons, spears, arrows, and SCUBA;

6.4 Indiscriminately dispose of refuse such as trash, plastics, gasoline derivatives, untreated wastes, and any other forms of pollutants within the islands, beaches and waters as may be guided under Section 5.4 of this Order;

6.5 Catch and take fish on a commercial scale (using fishing vessels over 3 gross tons) in areas/zones not specifically designated for this purpose;

6.6 Catch and take fish using muro-ami, trawls or purse seine, explosives, obnoxious or poisonous substances, or any unlawful means such as the use of electricity or compressors;

6.7 Tamper with markers, interpretive and regulatory signs, mooring buoys, scientific equipment, and established park facilities;

6.8 Utilize, exploit and alter forests, beaches, rivers, mangrove areas, swamplands and marshes in areas not covered by the appropriate license or permit;

6.9 Undertake any mining activities and/or quarrying of white sand for commercial purposes;

6.10  Remove or destroy natural features and archaeological and historical resources; and,

6.11  Undertake any development activities such as construction, installation or operation of facilities within identified core areas per the zoning plan.

SECTION 7. Permitted Activities – The following activities which are compatible and complementary to the objectives of the management and conservation of the El Nido Marine Reserve are allowed:

7.1 Local sustenance and small-scale fishing (boats weighing less than 3 gross tons) duly registered with and licensed by the municipality of El Nido;

7.2 Limited and regulated recreational activities, such as hook-and-line fishing, SCUBA diving, snorkeling and other water sports within designated recreational zones;

7.3 Research projects and conservation activities with prior approval from the concerned El Nido Marine Reserve authorities; and,

7.4 Gathering of edible bird (nido) nests during open season (January to April)

 Other activities may be allowed, PROVIDED, however, that such activities conform with the management objectives and plans of the marine reserve.

SECTION 8. Collaborative Agencies – The concerned El Nido Marine Reserve authorities shall closely coordinate with other involved government agencies such as the Department of Agrarian Reform, Department of Agriculture, Department of Local Government, Department of National Defense, and Department of Tourism on matters affecting the El Nido Marine Reserve which are pertinent to their respective mandates.

SECTION 9. Penal Clause – Violations of this Order shall be subject to the following existing penal provisions pertinent to the offense committed:

9.1 For violations of P.D. No. 704. prohibitions and penalties as enumerated in Chapter VI, as amended by P.D. 1058, and all other existing fishery laws, rules and regulations (fisheries administrative orders, including those that may be issued thereafter;

9.2 For violations of P.D. No. 705, criminal offenses and penalties shall be subject to Chapter IV provisions, and all other existing forestry laws, rules and regulations (forestry administrative orders), including those that maybe issued thereafter; and

9.3 For violations of P.D. 1586, as stated in Sections 8 and 9, including those that may be issued thereafter.

SECTION 10. Repealing Clause – All existing administrative orders, rules and regulations, or parts thereof which are inconsistent with the provisions of this Order are hereby repealed and modified accordingly.

SECTION 11. Effectivity – This Order takes effect fifteen (15) days after publication in a newspaper of general circulation.

Adopted: 5 Apr. 1991

(SGD.) FULGENCIO S. FACTORAN, JR.
Secretary



* Available at U.P. Law Center, upon request.
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