Republic of the Philippines
HOUSE OF REPRESENTATIVE
‘Quezon City

FIFTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 5076

introduced by Representatives Nur G. Jaafar, Benhur L. Salimbangen, Emil L. Ong,
Rodolfo G. Valencia, Bai Sandra A. Sema, Nur-Ana |. Sahidulla, Jim S. Hataman-
Salliman, Joaquin Carlos Rahman A. Nava, Nelson L. Dayanghirang

EXPLANATORY NOTE

The bill seeks the formulation of the National Mariculture Program which will
reinforce The Philippine Fisheries Code of 1998 that already introduced the
establishment of the existing 40 mariculture parks all throughout the Philippine
Archipelago,

The Philippines is broken up by the sea, which gives it ene of the longest
coastiines of any nation in the world. Most Filipinos live on or near the coast, where they
can easily supplement their diet from approximately 2,000 species of fish

Maricutture has an inherent advantage with its long coastline over freshwater and
brackish water counterpart as it suffers from high salinity due to the lack of rain, while
farming the sea with high value marine species will be more profitable than land based
farms.

Maricutture is growing much faster than capture fisheries and contributes
significantly to the country’s food security, employment and foreign exchange eamings.

However, in this age of intemational trade and competition, the Philippine
mariculture needs to plan and implement a development program with a global
perspective. Delegating the task of fish farming or developing mariculture parks in the
remote areas and establishing a National Mariculture Program will help the country
augment the pressing concerns on food security of the country

This bill will help strengthen the fishing industries of the Philippines and boost the
present maricuiture operations that kick off since 2004.

Approval of this bill is earnestly sought


AN ACT ESTABLISHING THE NATIONAL MARICULTURE PROGRAM,
AND PROVIDING FUNDS THEREFOR, AND FOR OTHER PURPOSES

AUTHORS

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Republic of the Philippines
HOUSE OF REPRESENTATIVE
Quezon City

FIFTEENTH CONGRESS
First Regular Session

HOUSE BILLNO____ 5076

Introduced by Representatives Nur G. Jaafar, Benhur L. Salimbangon, Emil L. Ong,
Rodolfo G. Valencia, Bai Sandra A. Sema, Nur-Ana I. Sahidulla, Jim 8. Hataman-
Salliman, Joaquin Carlos Rahman A. Nava, Nelson L. Dayanghirang

AN ACT ESTABLISHING THE NATIONAL MARICULTURE PROGRAM, AND
PROVIDING FUNDS THEREFOR, AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives in Congress assembled:

SECTION 1. Title. -This Act shall be known as “The National Mariculture
Program of 2011"

SECTION 2. Declaration of Policy. - The State shall ensure food security to
everyone, utilizing and developing the country's natural wealth, and shall protect the
aquatic resources as valuable food reserve. Toward this end, the State shall ensure the
utmost protection of the country’s marine environment, while optimizing its potential
contribution to food security.

Likewise, the State shall uphold the rights and interests of the Filipino fisher-folk
and they shalt be given preferential use of the marine and fishing resources in the
country.

To this end, there shall be a comprehensive program on marine technology and
research, financiat and marketing assistance, and other services for the benefit of the
fisher-folk and the local communities.

SECTION 3. National Mariculture Program. - The National Government,
through the BFAR, shall undertake a National Mariculture Program, guided by the
following objectives:

1. Promotion of mariculture as major source of livelihood for the fishermen,
2. The identification and establishment of mariculture parks in suitable areas in the
country;
3. Increase socio-economic growth and ensure food security through mariculture
industry;
4. Conservation, protection and preservation of the aquatic environment conducive
to fisheries, species management, and mariculture investment;
. Development of technical skills for fishermen to sustain the mariculture industry,
. Provide appropriate infrastructure and equipment for favorable investment
climate, and post-harvest technology.
7. Provide stakeholders easy access to lending institutions.

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SECTION 4. Definition of Terms. As used in this Code, the following terms shall
mean as follows:

4. Maricutture -is designed to produce fish through sea cages, to grow high value
marine species, such as bangus, siganids, seaweeds, oysters, mussels, red
snappers, groupers and other related species.

2. Mariculture Park or Zone - refers to duly designated fishery areas where
maricutture is undertaken.

3. SEAFDEC - refers to the Southeast Asian Fisheries Development Center, an
intergovemmental organization established for the purpose of sustaining fishery
development in the Southeast Asian Region.

SECTION §. Mariculture Development Parks and Zone. Subject to the
limitations set forth under Sections 20 and 22 of Republic Act 8550, otherwise known as.
The Philippine Fisheries Code of 1988, and Section 149 of Republic Act 7160,
otherwise known as The Local Govemment Code of 1991, the concemed officials of the
local government unit shall supervise the establishment of mariculture parks and zones
in duly designated areas located within the municipal waters. In case of waters located
outside municipal waters, the Department of Agriculture (DA) shall designate and
supervise the respective mariculture area.

The technical, social, economic viability and sustainability, as welt as the
environmental protection, shall be taken into consideration in selecting an area for a
mariculture parks or zone.

For this purpose, the province, city or municipality shall enter into a Lease
Agreement with the registered fisher-folk or fisher-folk cooperative as well as private
investors, where the terms and conditions, as well as profit sharing, are specified
therein.

However, the BFAR shall provide a ceiling for rents to locators, in consultation
with the sangguniang concerned, taking into consideration its affordability to ordinary
fisher-folks and the viability for its continued operation. In granting lease proposals by
the lacal government unit, preference shall be given to local fisher-folks.

SECTION 6. Ownership of Mariculture Parks. Unless the mariculture park is
established by private individual or corporation, the ownership of the park shail belong
to the municipal or city which has jurisdiction over the area. If the park is established
outside the municipal waters or within the territorial jurisdiction of two or more cities or
municipalities, the ownership shall belong to the provincial govemment which has
jurisdiction over the area. If the area is within the territorial jurisdiction of two or more
provinces, the concerned provinces shalt enter into a Joint Venture Agreement where
the issue of ownership dispute shail be amicably settled.

SECTION 7. Mariculture Zone Advisory Council. The Mariculture Zone
Advisory Council is hereby created which shall be composed of the following

. Representative from the BFAR with a rank equivalent to a Director as Chairman;

. The City or Municipal Agricutturist, or in the absence thereof, the Provincial
Agricutturist as Vice Chairman;

. A representative from the registered Fisherfolk organization or cooperative;

. A representative from the private business sector directly involved with
Mariculture Zone.

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All the above-mentioned members of the Advisory Council, and not their
respective proxies, shall be required to attend alt council meetings.

SECTION 8. Functions of the Mariculture Zone Advisory Council. The
Mariculture Zone Advisory Council shall have the following functions:

4. To operate, administer, manage and develop the Mariculture Zone according to
the principles set forth in this Act;

2. To register, regulate, supervise the enterprises in the Maricufture Zone in an
efficient and decentralized manner;

3. To exercise general supervision over the development, plans, activities and
operations of the Mariculture Zone;

4. To ensure that all-revenues of the Mariculture Zone are properly collected and
remitted to the local government unit.

SECTION 9. Mooring Spaces. Grant of Maricuiture Zone areas shall be based
‘on mooring spaces to ensure that usage of area-space for seacage farming is solely
based on the granted space as provided. Granted mooring spaces not
developed/instalied with cage within 6 months will be forfeited and awarded to other
applicants. The BFAR shall prescribe the guidelines in installation of sea cages.

SECTION 10, Support Infrastructures. To make the mariculture park and zone
more convenient and useful to potentiat investors, there shall be support infrastructures
such as, but not limited to floating, guardhouses, an onshore feed warehouse, an shore
net mending and drying shed, a pier where small crafts can dock safely and a small ice
plant or an insulated ice house. In addition to the physical infrastructure, socio-
economic infrastructure shall likewise be placed in order to ensure the success of the
maricutture park and zone.

SECTION 14. Aquaculture Technical Assistance and Training to Local
Government Units, Fisherfolk Cooperatives/Associations, Non-Government
Organizations. The SEAFDEC, through its Aquaculture Department, shall provide
technical assistance, training and marketing support to local government units, coastal
fishermen, fisher-folk cooperatives/associations, and non-government organizations
with respect to the establishment, utilization and management of mariculture system in
their respective jurisdictions. The SEAFDEC shall closely coordinate with the concemed
stakeholders for this purpose.

SECTION 12. Private Sector as Economic Partners. Private individual
investors or enterprises shall, as far .and practicable, be encouraged to take an active
role in establishment, utilization and management of maricuiture system Qualified
private investors or entrepreneurs shall coordinate with the concemed local government
Officials, focal fishing community and appropriate government agencies, for this
purpose.

SECTION 13. Financing Scheme. The LandBank of the Philippines (LBP) shall
provide financial or loan assistance to registered fisher-folk organizations/cooperatives
for the construction of the fish cage and to finance the initial stocks and feeds. The LBP
shall issue guidelines on the scheduled annual payments ‘of the toan. It shall ensure
however, that whenever practicable, it shall reduce the interest rate and/or reduce the
principal obligation to make the repayment affordable for the fisher-folk. The LBP shall
render quarterly reports on the disbursement of funds for the National Mariculture
Program.


SECTION 14. Continuing Research and Development. The BFAR shall
conduct continuing research and development as weil as application of technological
advancements in mariculture industry, A one-hectare Research and Development area
shalt be designated within a province, city or municipality for the conduct of research
and demonstration activities as well as a venue for the manpower capabitity trainings in
the maricutture zone. This area shall be jointly managed by the LGU and BFAR.

SECTION 15. Monitoring and Evaluation. - The DA shall monitor the
implementation of Research and Development programs and maricutture projects. The
BFAR shall review all existing maricutture parks and zones every four (4) years, to
determine their viability or effectiveness. The BFAR shall employ the services of
independent evaluators to assess the over-all impact of the country’s mariculture
development. A quarterly-Performance Evaluation issued by independent evaluators
shall be submitted to the BFAR for this purpose

SECTION 16. Appropriations. The initial amount of Five Hundred Million Pesos
is hereby appropriated to effectively carry out the provisions of this Act during the first
year of implementation. Thereafter, such sums as may be necessary for the continued
implementation of this Act shall be included in the succeeding General Appropriations
Act.

SECTION 17. Identification of Mariculture Areas. Within six (6) months from
the effectivity of this Act, the BFAR shall identify the local government units which have
potential areas for the establishment of mariculture parks. Provided that, not later than
one year from the effectivity of this Act, the BFAR, in coordination with the local
govemment units concerned, shail complete the blueprint of each mariculture park in
the said identified areas.

SECTION 18. Annual Report- The DA, through the BFAR, shall render an
annual report to Congress on the accomplishment of the program. A review on the
viability of the program, which includes a complete list of the areas suitable for
establishment of mariculture parks in the country with their respective feasibility study,
shall be made by the concerned agencies after three (3) years of its implementation

SECTION 19. information Campaign. The BFAR shall undertake intensive
public information campaign within three (3) months from the effectivity of this Act.

SECTION 20. Implementing Rules and Reguiations.- The DA, through the
BFAR, together with the Department of Interior and Local Government{DILG) and the
representatives of the League of Provinces, League of Cities, and League of
Municipalities, shail adopt rules and regulations necessary to implement the provisions
of this Act within ninety (90) days from the effectivity thereof

SECTION 21. Separability Clause- If any provision of this Act is declared invalid
oF unconstitutional, the other provisions not affected thereby shall remain in full force
and effect.

SECTION 22. Repealing Clause-All laws, presidential decrees, executive
orders, presidential proclamations, rules and regutations or parts thereof contrary to or
inconsistent with this Act are hereby repealed or modified accordingly.

SECTION 23. Effectivity- This Act shall take effect fifteen (15) days following its

publication in at feast two (2} newspapers of general circulation or in the Official
Gazette, whichever comes first.

Approved,