Guidelines on the Operationalization of the Allocations/Appropriations for Republic Act No. 11223

September 16, 2016 DENR ADMINISTRATIVE ORDER NO. 024-16 SUBJECT : Revised Rates of Fees for Entrance and Use of Facilities and Resources in Protected Areas, Amending DAO 1993-47 Pursuant to the National Integrated Protected Areas System NIPAS Act (R.A. No. 7586), the Revised Implementing Rules and Regulations of NIPAS Act (DAO 2008-26), n the Guidelines and Principles in Determining Fees for Access to and Sustainable Use of Resources in Protected Areas (DAO 2000-51), and the urgent need for sustainable financing mechanisms in protected areas, the fees and charges for entrance and use of facilities and resources in protected areas are hereby revised as follows: SECTION 1. Basic Policy. The DENR Secretary shall prescribe reasonable fees to be collected from any person or entity, including government agencies, deriving benefits from access to and use of facilities and resources in protected areas. Sustainability shall be the overriding consideration in determining the limits of access and resource use. Reasonable fees for entry to and use of facilities and resources in protected areas may be based on willingness to pay, cost-recovery, opportunity cost and profit-sharing, or a combination thereof, as applicable. SECTION 2. Objective. The primary objective of this Order is to set minimum rates for fees for entry to and use of facilities and resources in protected areas under the NIPAS, based on common guiding principles. However, the Protected Area Management Board (PAMB) of a specific protected area may recommend higher rates and include other activities, as it may deem appropriate, subject to the consultation and approval procedures set in the special law for the protected area or in the NIPAS Act. CAIHTE SECTION 3. Scope and Coverage. This Order shall apply to all protected areas under the NIPAS except where the special law of the protected area may require a different process of setting fees, and where the PAMB is allowed to set different rates. Indigenous peoples and tenured migrants living in the protected area shall be exempted from paying fees for access to and traditional use of resources in protected area, i.e. , not primarily for trade. Furthermore, use of resources in protected area shall not cover use of threatened species as indicated in Republic Act 9147 or the Wildlife Resources Conservation and Protection Act. SECTION 4. Protected Area Entrance Fees. For protected area enhance fees, collected revenues shall cover, as much as possible, a proportionate amount of all costs incurred in protecting, maintaining and enhancing the natural attractions of the protected area. The following minimum entrance fees shall be collected within protected areas: Type of PA Visitors PA Entrance Fee For Filipino citizens For Adults Php30.00 per person For Students Php15.00 per person For Filipino persons with disability, senior No entrance fee required citizens and children below seven years old For foreigner Php100.00 per person The above fees shall cover sight-seeing in designated visitor areas, amateur video and photography, and use of the common facilities, i.e. , comfort room, visitor center, view deck, etc. where available. For protected areas with entrance fees higher than the prescribed amount, current entrance fees being collected shall prevail. SECTION 5. Fee for Use of PA Facilities. For use of protected area facilities in designated visitor areas, the collection of fees shall cover, as much as possible, a proportionate amount of all costs incurred in building and maintaining the man-made facilities in the protected area. DETACa The minimum rates for the daily use of the following facilities are as follows: PA Facility Facility Use Fee Picnic tables Php25.00 per hour Cottages Php500.00 per day; Php1,000.00 per night Camping site Php200.00 per designated spot Swimming pool Php50.00 per head Basketball court and other sports Php100.00 per hour (daytime); facilities Php200.00 per hour (with lights) Docking area (anchorage/berthing Php50.00 per boat per hour facilities for small boats) Special docking area for yacht Php5,000.00 per day Parking area (for the first two hours and succeeding hours Tricycle/motorcycle Php20.00 for first two hours, Php5.00 for each succeeding hour or a fraction thereof Cars/SUV (up to 10 person Php45.00 for first two hours, capacity) Php10.00 for each succeeding hour or a fraction thereof Passenger jeep/coaster (11-20 Php60.00 for first two hours, person capacity) Php20.00 for each succeeding hour or a fraction thereof Mini-bus and tour bus (more Php150.00 for first two hours, than 20 person capacity) P30.00 for each succeeding hour or a fraction thereof SECTION 6. Fees for Recreational Activities within Designated Visitor Areas. The minimum rates for the conduct of certain recreational activities shall be as follows: Recreational Activity User Fee Water-based activities (beaches, lakes) Php 60.00 for Filipinos such as swimming, snorkeling Php100.00 for foreigner Hiking and biking within designated Php60.00 for Filipinos areas Php100.00 for foreigners SECTION 7. Fees for Commercial Documentation and Photography. This applies to video and photography for commercial use or using professional equipment (other than phones, point-and-shoot cameras, digital SLRs with basic lenses and attachments, handy cameras) in designated visitor areas, the minimum fee of which shall be Php5,000.00, exclusive of entrance fees. In case professional filming and photography to be done outside of the designated visitor areas, the crew shall also pay the appropriate fees under Sections 8, 9 and 10 or those referring to fees for the following: trekking, biking, mountain climbing, caving and similar activities; SCUBA diving, whitewater rafting, non-motorized watersports and similar activities; and lease of land or facilities for short-term small-scale commercial purposes. aDSIHc SECTION 8. Fees for Trekking, Biking, Mountain Climbing, Caving and Similar Activities. These are activities outside of the designated visitor areas that would require additional protected area management services such as trail signs, emergency rescue, comfort room, outdoor cooking areas, camp sites, first aid stations, orienteering sites, view decks/towers, rest areas, maps and booklets. Visitors can only be allowed to undertake the above activities when they are accompanied by accredited guides and with appropriate gears. The following minimum fees shall be charged: Visitor Type User Fee Filipinos Php250.00 per person per visit Foreigners Php500.00 per person per visit This rate shall not apply to protected areas already collecting higher fees. Fees for the following: professional filming and photography; trekking, biking, mountain climbing, caving and similar activities; and scuba diving, whitewater rafting, non-motorized watersports and similar activities shall already include the entrance fee. SECTION 9. Fees for SCUBA Diving, Whitewater Rafting, Non-Motorized Watersports and Similar Activities. The minimum fee per visit for this type of activity shall be charged as follows: Visitor Type User Fee Filipinos Php800.00 per person Foreigners Php1,800.00 per person The above rates shall not apply to protected areas already collecting higher fees. SECTION 10. Lease of Land or Facilities for Short-Term Small-Scale Commercial Purposes. The establishment of temporary facilities for food stalls, exhibits, souvenir shops and the like, during seasonal festivals, celebrations and other gatherings, as may be allowed by the PAMB, shall be subject to a fee of ten pesos (Php10) per square-meter per day, if the user builds the structures. In cases where the protected area management or LGU builds the structures, an additional amount shall be charged to cover the cost of construction of the temporary structures that shall accrue to the Protected Area-Integrated protected Area Fund or LGU, as applicable. ETHIDa Provided that, the building of permanent structures for commercial use, and for large-scale development shall be in accordance with DAO 2009-09 (Standards Design and Specification of Signs, Buildings, Facilities and Other Infrastructure that may be installed and/or Constructed within Protected Areas) and would require special use agreement based on the existing guidelines. SECTION 11. Roles and Responsibilities of the PAMB. 11.1. These fees are immediately applicable and collectible by the Protected Area Superintendent (PASu) or authorized Special Collecting Officer (SCO) of the PAMB without need for further action by the PAMB; 11.2. The PAMB may, through resolution, increase the rates up to 10% per annum. In cases where the PAMB deems it necessary to impose higher rates or include other activities, it may do so through the issuance of PAMB resolution submitted to the Secretary for approval. The resolution shall be deemed affirmed or approved if not disapproved within 30 days from receipt of the Office of the Secretary; 11.3. The PAMB shall designate the visitor area (or areas) wherein the basic entrance and recreational activities fee will be charged. In the absence of such delineation, the entrance and recreational fees shall apply within 1-km radius from the entrance to the protected area, where basic services for visitors are concentrated and visitor impact can be easily mitigated. SECTION 12. Transitory Provision. The rates and fees shall be posted at the entrance of the protected area, and in designated areas for notices in DENR and LGU offices. SECTION 13. Collection, and Deposit to the IPAF Account. The protected area Superintendent shall be responsible for the collection of the fees, subject to the procedures set for collection of protected area fees and charges. The proceeds shall be held and used consistent with laws and regulations governing the Integrated Protected Area Fund, including R.A. No. 10629. cSEDTC SECTION 14. Repealing Clause. This Order amends existing orders, circulars and memoranda inconsistent herewith. SECTION 15. Effectivity. This Order takes effect fifteen (15) days after its publication in a newspaper of general circulation and filing in the Office of the National Administrative Register (ONAR). (SGD.) REGINA PAZ L. LOPEZ Secretary Published in the Malaya Business Insight on November 15, 2016 n Note from the Publisher: Written as " DAO 2008-28 " in the original document.