Section 5Sec./Art. 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;

(b)Decide matters relating to planning, peripheral protection and general administration of the Reserve in accordance with the management plan;

(c)Plan the proper utilization of the annual budget allocations and the proper disposition of fees and other funds generated or held by the Reserve;

(d)Control and supervise the office of the Sagay Marine Reserve Superintendent (SMRSu);

(e)Delineate and demarcate management zones such as strict protection zones, multiple-use and buffer zones;

(f)Promulgate rules and regulations to promote development programs and projects on biodiversity conservation and sustainable development consistent with the management manual;

(g)Control and regulate the construction, operation and maintenance of buildings, roads, trails, waterworks, sewerage, fire protection and sanitation systems, and other public utilities within the Reserve;

(h)Fix prescribed fees to be collected from the government agencies or any person, firm or corporation deriving benefits from the Reserve and exact administrative fees or fines for violation of the provisions of this Act;

(i)Grant entry permits to ecotourists, campers, research groups or individuals and visitors;

(j)Grant permits for sustainable utilization of marine resources in accordance with existing rules and regulations governing the same;

(k)Enter into contracts and agreements with private entities or public agencies as may be necessary to carry out the purposes of this Act;

(l)Accept funds, gifts or donations for the Reserve;

(m)Call on any agency or instrumentality of the government as well as academic institutions, nongovernment organizations and other sectors as may be necessary to accomplish the objectives of this Act;

(n)Conduct studies on various characteristics, features and conditions of the Reserve;

(o)Adopt and enforce plans or schemes for the control of activities that may threaten the ecological balance of the Reserve in consultation with the local government units in the area and other government agencies and instrumentality;

(p)Retain legal counsel to defend cases against the PAMB-SMR and the office of the Marine Reserve Superintendent whenever they are sued in connection with the performance of their duties under this Act.

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.