Section 12Sec./Art. 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 nongovernment 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 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.

(b)Special-Use Infrastructure. - Special-use infrastructure such as power lines, telecommunications equipment and military installations may be allowed in the Reserve if they conform to the management plan: Provided, That construction of these special use infrastructures shall be subject to EIA and the issuance of ECC by the DENR and approval of the PAMB-SMR: Provided, further, That power lines and telecommunications equipment must not traverse through strict-protection zones and preferably be constructed within the multiple-use zones only. Military installations shall not be constructed of permanent materials and must be covered by a memorandum of agreement with the PAMB-SMR providing for regulation of facilities.

(c)Livelihood and Other Economic Activities.- Except as otherwise provided herein, only small fisherfolk inhabitants shall be allowed within the multiple-use or buffer zones of the Reserve to engage in livelihood and economic activities, in conformity with the management plan and subject to the terms and conditions imposed 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.

(d)Energy and Mineral Use. - Survey for energy and mineral resources within the Reserve shall be allowed for the purpose of gathering information on energy and mineral resources: Provided,That such activity is carried out without damage to the area and conducted in accordance with a program approved by the PAMB-SMR. The result of such surveys shall be made available to the public. The PAMB-SMR shall submit such energy and mineral survey findings to the President for recommendation to Congress. Any exploitation and utilization of energy and mineral resources within the Reserve shall be allowed only following approval of the PAMB-SMR, compliance with the EIA System and other applicable laws, rules and regulations and through a law passed by Congress.

(e)Special Activities.- All other activities such as ecotourism and related activities, scientific research, marine life rescue by other agencies, government programs affecting the Reserve, and military activities shall be properly coordinated with and approved by the PAMB-SMR.