Section 6Sec./Art. 6

Institutional Mechanisms. - The following administrative and policy-making mechanisms shall apply:

(a)The Protected Area Management Board. - There shall be a PAMB which shall be the policy-making body of the protected area. It shall be composed of:

(1)The Regional Director, Region II, of the DENR as the chairman;

(2)The Provincial Planning and Development Officer;

(3)One (1) representative from each municipal government of Batanes, to be appointed by a majority vote of each Sangguniang Bayan;

(4)One (1) representative from each barangay, to be appointed by the Sangguniang Barangay;

(5)At least three (3) representatives from nongovernment organizations to be chosen among themselves;

(6)One (1) vote during every meeting shall be reserved for one national government agency as may be called for that specific meeting by the PAMB depending upon the specific needs in the agenda;

(7)At least two (2) representatives who are considered authority on Ivatan culture, customs and traditions, whether by academic qualifications or continuous and authoritative indigenous knowledge of such culture; and

(8)At least three (3) representatives from peoples' organizations or cooperatives to be selected among themselves.

Every member of the PAMB shall be considered to represent his or her sector and shall be deemed to carry the vote of such sector unless challenged in writing five (5) days after the decision being challenged is made known to the members of the sector through the provision of written information.

The PAMB for the Batanes Protected Area shall have the following powers and functions:

(1)Issue all rules and regulations to prohibit acts that may be prejudicial to the protected area and the policy declaration herein set forth as well as establish criteria and set fees for the issuance of permits for activities regulated by this Act or the management plan;

(2)Issue rules and regulations for the resolution of conflict through appropriate, culturally sensitive and effective means;

(3)Adopt rules of procedure for the conduct of business, including the creation of committees to whom its powers may be delegated;

(4)Approve the management plan and oversee the office of the PASu;

(5)Deputize interested individuals for the enforcement of the laws, rules and regulations governing conduct in the protected area; and

(6)Approve proposals for funding, budget allocations and exercise responsibility over all funds that may accrue to the Batanes Protected Area which are donated for the purpose of the above policy declaration.

The DENR through the Regional Executive Director (RED) shall exercise the authority to oversee the PAMB to ensure that it is acting within the scope of its powers and functions. In case of a contradiction between administrative orders issued by the DENR pursuant to the NIPAS Act for national application and the rules and regulations issued by the PAMB, the PAMB shall notify the Secretary of the DENR who shall decide whether to apply the rule or withdraw it for purposes of the Batanes Protected Area. The decision of the Secretary shall be guided by a preference to locally initiated and specific policies enacted by the PAMB. The decision of the Secretary shall be appealable to the Regional Trial Court with jurisdiction over the protected area.

(b)The Protected Area Superintendent (PASu) Office. -There shall be a Protected Area Superintendent within the Department of Environment and Natural Resources who shall serve as the chief operating officer of the protected area. The PASu shall have the following powers and functions:

(1)Prepare the management and successor plans as herein provided;

(2)Serve as the Secretariat for the PAMB with duty to provide the PAMB with all the information necessary for it to make appropriate decisions when necessary;

(3)Hire and supervise the necessary personnel to support operations as the budget allocated in this Act by the PAMB and by the DENR may allow;

(4)Establish a productive partnership with the local community, including groups interested in the achievement of the herein goals and objectives, in the planning, protection and management of the protected area;

(5)Develop and implement a park information, education and visitor program;

(6)(6) Enforce the laws, rules and regulations relevant to the protected area and assist in the prosecution of offenses;

(7)Monitor all activities within the protected area for their compliance with the management plan; and

(8)Perform such other functions as the PAMB may assign.

(c)Delegation of Authority. - The PASu may, as necessary, delegate authority granted in this Section to his staff.