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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City Metro Manila

FIFTEENTH CONGRESS
First Regular Session

House Bill No. 2240

INTRODUCED BY HON. MARGELINO “MARCY” R, TEODORO,

EXPLANATORY NOTE

The Philiopines being an ichipeiago, surrounded by large bodies of water with more
than 7,000 islands, indicates tha’ the country has @ very vast maritime zone. With this, it is
presumed that it should nave a narine-based eccnomy. With a great amount of water and
many number of bodies cf water ‘ound, the country should have given important oredits to the
resources found in waters. especially the

Thus, this bill seeks to attune the policy of the State to the Philippine nature as an
archipelago by encouragirig Filipivos to invest in fisheries. All coastal cities, coastal provinces,
and 1* class coastal municipalities are required by this bill to establish a marine reserve for
aquatic iesources. In liné with this, to have an appointed fisheries office is proposed in order
to manage the marine reserve. Through this bill, he fishery sector of the country will gain
support and the fish supply will be securse

By pursuing this marine-based 2o2nomy, “he State is able to making full use of the
country’s marine resources. This shall be @ help for the Filipinos and also for the development
of the country.

Hence, the approval of this bili is earnestly sought.

yee ae
MARCELINO “MARCY” R. TEQDORO

Representative, 1 District
Marikina City


Republic oi the “hitippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

FIFTEENTH CONGRESS
First Regular Session

2240

House Bill No.

INTRODUCED BY HON. MARCELINO “MARCY” R. TEODORO

AN ACT REQUIRING COASTAI. PROVINCES, COASTAL CITIES AND FIRST CASS
COASTAL MUNICIPAL TIES TO HAVE A MARINE RESERVE FOR AQUATIC RESOURCES
AND FISHERIES OFFICER TO SUPERVISE “HE SAME AND APPROPRIATING FUNDS
THEREFOR.

Be it enacted by the Senste and House of R2preseniatives in Congrass assembled:

SECTION 1. Short Title. — this Ac shall be known as Marine Reserve Law.

SEC. 2. Deciaration Policy. ~ It i hereby declarec the policy of the State to persue a marine—
based economy by making full anc efficient use of the country’s marine resources. Pursuant to
this policy, first class cozsial munic’palities and all coastal cities and provinces must each havo a
manne reserve for its equatic reso.rces anc a fisheries >ficer to perform the functions provided
herein

SEC. 3 Definition of Terms. — Fo. purposes cf this Act, the term "coastal cities and provinces”
shall mean cities and provinces bo derinc on a ccast recardless of income classification. On the
other hand, the term “first class coz stal munizioalities” shail include ell municipalities bordering on
a coast, and whose income classificetion eve been determined by the Department of Finance in
accordance with law as a first class municipaiy. Furthe nore other pertinent terms ere defined
as follows:

(a) Buffer zones are identified ares inside the boundaries of and immediately adjacent to the
Reserve that need special develcpmnen! contol in order to avoid or minimize harn to the
Reserve,

(b) Ecotourism is a kind of tourism whorein no damage to the ecology is sustained by the influx of

visitors to the reserve;

(c) Fish production refers to the capacity of the s3ec’es found withir
achieve a ceriain density cf fish populations;

the Reserve to multiply to

(¢) Management pian is the plan in accordanc2 with the General Management Planring Strategy
of the DENR pursuant te Republic Act No. 7586 to serve as the basis for the protection and
‘enhancement of biodivers'ty of the F.eserva for sustainable developmer

(e) Management manual is the manval reiting to the Reserve:

(f) Maximum sustainable yield is the greatest emount of fish and fish products taken or harvested
form within the Reserve without affeting sustainability;

() Mltiplo-use zones are areas were sustarable economic activities mey bo allowed to the
extent described in the managemen® plan;

identified to have fish, marine and other aquatic
life that can be a source cf food, or can be “he breeding grounds for fish and other marine life
Which shall be developed, protected and managed to sustain its supply of fish or marine products,

SEC. 4. Each coastal province, coa ial city and first class coastal municipality shall Identify and
establish a Marine Resorvo for Fis) and Aquatic Resources, under the management of the
corresponding Fisheries Oficers proviced hersi1

SEC. 8. Paragraphs (a) and (b) of Section 4433 of Republic Act No. 7160, otherwise known as the
Local Government Code of 1991, is hereby amer ced to read as follows:


“SEG. 443. Cificials of the Municipility Government — (a) There shall be in each municipality a
municipal meyor, a municipal vice-mayor, sangouniang bayan members, @ secretary to the
sangguniang bayan, a municipal tsesurer, a municipal assessor, a municipal accountant » 2
municipal budget officer...a muniipal planning ané development coordinator, a municipa!
engineer/building officia, & municip:1 health officer anc a municipal civil registrar. In addition, 6
FIRST CLASS COASTAL MUNICIPALITIFS MUST HAVE A MUNICIPAL FISHERE!
OFFICER.”

“{b) In addition, thereto, tne mayor may appcint |a municipal administrator, a municpal legal
officer, a municipal agricultyrist, A MUNICIPA\. FISHERIES OFFICER, a municipal environment
and natural resources officer, a manicipal social welfare and development officer, a municipal
erchitect, a municipal information obicer.”

SEC. 6. Paragraph (a) of Section 154 of rep ublic Act No. 7160, otherwise known as the Local
Government Code of 198", is heret'y amendac to read as follows:

“SEC. 454. Officials of the City Government. (a) There shall be in each city a mayors, a vice-
mayor, Sangguniang panungsod members, « secretary to the sangguniang panlungsod, a city
treasurer, a city assessor, a city accountent , « city budget officer, a city plarning and
development coordinator. ‘city ewineer, a city health officer, a cily social welfare and
developmen: officer, anda city guneral senives officer. In addition, EACH COASTAL CITY
MUST HAVE A CITY FISHERIES OFFICER”

Sec. 7. Paragraph (a) of section -.63 of Republi: Act No. 7160, otherwise known as the Local
Government Code of 19%, is here vy amenced to read a3 follows:

“SEC. 463. Officials of he Provi cial Government. ~ (a) there shalt be in each province a
governcr, a vice-govemor , memsers of th> sangguniang panialawigan , a secretary to the
Sangguniang panialawigan, a provincial treesu’e, a provincial treasurer, @ provincial assestor , a
provincial accountant , a crovincial engineer. provincial budget officer, a provincial plenning and
development coordinator. a provinvial leva of cer, a provincial administrator , a provincial health
officer, a provincial social’ welfare ind develop nest officers, a provincial general services officer,
a provincial agriculturist and a pro ‘incial ve-erinarian. In addition, EACH COASTAL PROVINCE
MUST HAVE A PROVINCIAL FISHERIES OFFICER.”

Sec. 8. Article Twelve, ‘Title Five Book lil of Republic Act No. 7160, otherwise known as the
Local Government Code of 1991, hereby emenced to read as follows:

“Ariicle Twelve. ~ The agriculturist shell be mandatory for the provincial ovement and optional
for the city znd municiped governm ants, :
SEC. 482-A Qualifications, Power’: end Duties OF THE AGRICULTURIST. — (a) No person shall
be appointed agricultu‘ist unless he is 2 ctizer of the Philippines, a resident of the local
government unit concerned , of gx od mora! character, « nolder of a college degree in agriculture
or any relaied course irom’a recognized coliece or university , and a frst grade civil service
eligible or Its equivalent. He must have practiced his profession in agriculture cr acquired
experience In related filad for at le ast for at least five (5) years in the case of the provincial or city
agriculturist , and three (3) years in tre case oF the rnunizipal agriculturists.

“The positicn of an agriculturist stall be mendatoty for the provincial government and optional for
the city and municipal governmens.

“(b) The agriculturist shall take churge of the office for agricultural services and shall:

“(1) Formulate measure for the aj proval of te sanggunian and provide technical assistance and
Support to the governor or mayor, as the casv may’ be , in carrying out said measures to ensure

the delivery of basic services ani provision cf adequate facilities relative to agriculture services
8 providec for under saction 17 ¢f this Cocle;

“(2) Develop plans and strategie: and upor aporcval :hereof by the governor or mayor, as the
case may be , implement the sane , partictlarly those which have %o do with agricultural
Programs and project ‘which the joverrior or mayor Is empowered to implement and which the
Sanggunian is empowered to prov ile for under this Code;

In addition to the feregoing di ties and “unctions, the agriculturist services and shall:


“(i) Ensure that maximum assistance and aozers ‘0 resources in the productions, processing and
marketing of agricultural and aquacultura and marine products are extended to farmers,
fishermen and local entrepreneurs:

“Gi) Conduct or cause t3 be concucted locetion-specific agricultural researches and assist in
making avaiable the appropriate te hnology avising cut of and disserninating information on basic
research crops, preveniicn and coriroi of pier! disezees and pets, end other agricultural matters
which will maximize productivity,

“(ll) Assist the governor cr mayor as thé cese may be, in the establishment and extension
‘services of demonstration farms or : qua-culturs end marine products;

“(Wv) Enforce rules and regulations relating to agriculture and aqua-culture;

*(v) Coordinate with government ay encies and non-governmental organizations which promote
agricultural through appropriate tect nology’ campatioie wity environmental integrity,

"(4) be in the front of the delivery 01 basic egricultzral services particularly those needed for the
survival of the inhabitants during ad in the e‘termath of man-made and natural disasters and
calamities;

*(5) Recommend to the sanggunian 192 advise the governor or mayor, as the case may be, on alll
other matters related to agricultural nd aqua-culture which will Improve the livelihood and living
conditions of the inhabitants; and

*(0) Exercise such other pcwers anc perform such dulles and functions as may be prescribed by
law ordinance *

SEC. 482-B Cualifications, Power a1d Duties of the Fisheries Officer. ~ (a) no person shall be
appointed fisheries officer unless he is a citizen of the Philippines, a resident of the local
government unit concerned , of good moral character , 3 holder of a college degree in fisheries or
marine blology or any related coursi’ fom a 1eoagnized College or university , and a first grade
civil service eligible or its equivalen’. He mutt have practiced his professional in fisheries or
acqulted experience in a related fiek: for a! leat five (5) years in the case of the provincial and
City fisheries officer, and three (3) yee rs in the cose of the municipal fisheries cfficer.

“THE POSITION OF FISHERIES OF FICER SHALL BE MANDATORY FOR ALL FIRST CLASS
COASTAL MUNICIPALITIES AND Al L COASTAL CITIES AND COASTAL PROVINCES."

“(b) ‘The Fisheries officer stiall take charge of the cffice for fisheries services’ AS WELL AS OF
THE MARINE RESERVE FOR AQU/TIC RESCURGES HEREIN PROVIDED, and shall perform
all the functions: of the agriculturist related to fisharies enumerated in tha preceding section.”

SEC. 9. The Functions of the Fishecios Offi heries Officer shall be directly rasponsible
to the provinciel, city, municipal boars and is hvety ampowered to perform any and all of the
following;

(a) Adrainistrative Functions:

(1) Serve as the chief admi
the management plan;

tative officer of the Reserve for purposes of implementing

(2) Recommend the hiring of p2rsonnel 0° ihe Reserve:
(3) Establish a productive par'nership ‘wth the locel community including groups in the
planning, protection and management of the Reserve

(4) Develop and implement a F'eserve informaticn, education and visitor programs;

(8) Develop and impioment a nature! doaumentation program and to oversee research
that may be conducted within the Rese ve;

(6) integrate the roles of nor-govemment organization \, the DENR , DA and other
government agencies in the oferation cf the reserve; .

(7) Docunent the process invoi sad in the establishment and management of the Reserve
with particular reference to the devel ment cf relationship with fishermen . small fisharfolk
inhabitants, communities, butter-zone rsidents and others in establishing effective protection of
the Reserve. Gather lessons eared frm this documentation and use them in future planning,



(b) Regulatory Functions:

(4) Act as peace officer fo the purpose of maintaining peace ‘ard order within the
reserve- As peace officer, he shall ey ercise pclice supervision therein and may arrest any person
found in any place within the reserve who is coranitting , has committad or is About to commit an
act in violation of this Act or Republic Act No. 7836;

(2) en‘orce the rulas and reg ulations formulated t protect and preserve the Reserve from
trespass, damage, injury and illegal é tivities,

(3) Summarity remove or eje2t form the Reserve person who have rendered themselves
obnoxious by disorderly conduct or ad behavia: or who have violated any of the regulations of
the Reserve;

(4) Require, when necessary , any pers entaring or passing across through or any part
of the Reserve to give the following informa: Jame, address, the proposed curation of stay
inside the Reserve and the portior: which he intends to visit or has visited and such other
Information of s similar nature as ma: be requirec of him;

(8) Prohibit persons from cutting or gathering mangrove forest products, hunting or
fishing the reserve without authority cr permit to do so:

(6). Seize and confiscate fish. sheli's1, end other marine products found within the
Reserve including instruments , tools and conveyances used inside the reserve by unlicensed
person er , if licensed , obtained in violation of tne violation of the provisions of this Act, Republic
Act No. 7586 or the rules and regulations issues in accordance with the guidelines conceming
confiscation, seizure and disposition: of illegally cut, gathered and transported marine products
‘and other resources and confiscated wildlife: an :

(7) Perform such cther powors and duties as mey from time to time be prescribed by
competent authorities.

SEC. 10. Appropriations. ~ The furds necessary for establishing the Marine reserve for Fish
ang Aquatic resources shail be inclue in the General Appropriations Act for then year following
the enactment of this Act, and the furds necessary ‘or the maintenance of such Ma‘ine Reserves
shall be provided by the Local Gavemmert Unis (LGUs) wherein the Marine Reserve Is
established , annually in the LGU anr.val approp-iations.

SEC. 11 Implementing Rules and Regulations. — The Secretary of the Department of
Agriculture and fisheries , in collabor tion with the Secretary of Department of interior ard Local
Government and the Department of Environment and Natural Resources shall issue such rules

and regulations for the effective implementation of this Act within six (6) months from the <pproval
of hereof,

SEC. 12, This Act shall take effect upon its approval

Approved,