Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City
16" Congress
1" Regular Session

House Bill No. 2153

Introduced by: Representative Benhur L.Salimbangon

EXPLANATORY NOTE

The Philippine archipelago which consists of over 7,000 islands is spread over 2650 kilometers
of ocean abundant with fish and other natural resources.

Several developments such as: (1) climate change; (2) siltation due to deforestation and bad
agricultural practices; (3) coastal land development; (4) industrial pollutants; (5) destructive
fishing methods; (6) overfishing and gleaning; and (6) other extractive activities such as
aquarium fishing, mariculture and coral extraction, pose greater threat on our marine ecosystem.

While our marine resources continue to decline, our population on the other hand, continues to
grow at a pace faster than our Southeast Asian neighbors, If this persists, food security,
ecological sustainability and the livelihood for the small and marginalized fisherfolk will be in
danger of extinction,

This bill mandates every coastal municipality to establish, maintain and manage marine
protected areas (MPAs) in at least 15% of their municipal waters, while preserving those MPAs
which were previously set up. By making it mandatory, we send a strong signal of urgency to
preserve our marine resources and give it some breathing spell, not just for the sake of the
livelihood of small fisherfolk but more importantly, to ensure that there will be environmental
sustainability for future generations to come,

In view of the foregoing, early approval of this bill is eamestly sought.

BENHUR L, SALIMBANGON,


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
First Regular Session

HOUSE BILL No.__ 2153

Introduced by Representative Benhur L. Salimbangon

AN ACT
ESTABLISHING MARINE PROTECTED AREAS IN ALL COASTAL
MUNICIPALITIES AND CITIES AND FOR OTHER PURPOSES

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

SECTION 1. Short Title. ~ This act shall be known as the “Marine and Coastal

Resources Protection Act of 2013".

SEC 2. Declaration of Policy. - It is hereby declared the policy of the State to ensure
the protection and preservation of the country’s marine resources even as it promotes the
development of a robust fisheries sector. The State shall ensure that the utilization of marine
resources by its citizens observes the requirements of sustainability and to this end the State
shall promote a culture of responsible stewardship of the environment that is anchored on the
desire to be in harmony with nature. Thus, where human carelessness and disregard have
resulted in destruction and damage, the State shall take the necessary measures to restore
ecological balance and beauty to ensure the continued enjoyment by all of a healthy and safe
environment.

‘The State also takes cognizance of the preferred status of the citizenry as the primary

users and beneficiaries of the country’s resources. As such, Filipino communities are

therefore acknowledged as crucial partners in the effort to conserve and manage our natural

marine resources.


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As a measure towards the maintenance of biological diversity and the proper

management of natural resources, the coastal community is encouraged to formulate its own
marine conservation program, according to a coastal resource management plan tailored to

the particular ecological conditions of the marine environment.

SEC 3. Definition of Terms, ~ For the purposes of this Act, the relevant terms are

defined as follows:

(a) “Buffer Zone” refers to the area surrounding the core zone of protection, where
extractive or recreational activities are regulated according to its carrying capacity.

(b) “Co-management scheme” refers to ® management approach of administrative
integration and cooperation, where the local community, the local government unit

ibute their

(LGU), participating agencies, concerned civil society and sectors, cont
resources towards the fulfillment of a particular function within their areas’ of
expertise, in a manner that furthers the goals of sustainable management of the
Marine Protected Area.

(©) “Mangrove Swamp Forest Reserve” refers to @ portion of the mangrove forest
designated and reserved for the protection of its ecological functions and services and
restored to support fisheries production in coastal waters.

(d) "Marine Protected Area” refers to a defined area of the sea established and get aside
by law, administrative regulation, or any other effective means, in order to conserve
and protéct a part of or the entire enclosed environment, through the establishment of
management guidelines. It is considered a generic term that inchides all declared
areas governed by specific rules or guidelines in order to protect’ and manage
activities within the enclosed area, Marine Protected Areas may take the following
forms, any one or a combination of which may comprise the Marine Protected Area:

* “Marine Reserve” refers to an area where access and uses (whether extractive
or non-extractive) are regulated or controlled for specific uses or purposes. A

its boundaries. The

marine reserve may include a marine sanctuary with
entire area need not be placed under the seme conditions or restrictions as a
marine sanctuary, but all uses are still controlled and regulated to the extent
necessary to ensure that little or no harm is imposed on the environment

enclosed in the reserve,


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© “Marine Park” refers to a type of marine reserve where conservation-oriented

recreation, education and research are emphasized. A marine park may
include @ marine sanctuary within its boundaries.

© “Marine Sanctuary” refers to a defined area established and set aside
exclusively for the purpose of protecting habitats and species, through the
prohibition of all extractive uses and strict regulation of non-extractive uses.
This term is synonymous with “No-Take Zones”. A marine sanctuary may
have a buffer zone around the area sought to be protected from extractive and
non-extractive uses. It may be located within a marine reserve or marine park,

SEC 4. Establishment of Marine Protected Areas. ~ Within one (1) year from
effectivity of this Act, all coastal municipalities and cities shall establish at least one (1)
Marine Protected Area (MPA) within municipal waters, covering a minimum total area of ten

(10) hectares, in accordance with an integrated community-based conservation program and
coastal resource management plan. The total arca designated for protection need not be
contiguous, and may be designed in such a manner as may be deemed appropriate, so long as

fulfills the ultimate purpose of conservation,

Where possible, inter-tidal areas shall be reserved for the establishment of Mangrove

Swamp Forest Reserves as part of the MPA.

Where the municipalities border each other in such a ‘way that their respective
coastlines form a contiguous body, the concerned local government units may so jointly
establish and administer the MPA as to reach the optimum size and arrangement of a large

zoned Marine Protected Area.

SEC 5. General Criteria. - The Marine Protected Area, which may either take one
particular form or incorporate different types, shall be established according to the level of
protection required by existing ecological conditions, as well as the socio-economic
characteristics of the local community, among others: Provided, ‘That the form or

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arrangement of the MPA does not in any way impair the preferential use rights of muni
fisher-folk; unless ecological conditions are in such an advanced state of degradation that

rehabilitation must necessarily preclude allowing all extractive and human activity.


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SEC 6. Responsible Entities. - The concerned LGU, along with members of the
community and civil society, the Bureau of Fisheries and Aquatic Resources (BFAR) of the
Department of Agriculture (DA), the Department of Environment and Natural Resources
(DENR), the Fisheries and Aquatie Resources Management Councils (FARMCs), and the
private sector. shall be responsible for the designation, establishment and management of
Marine Protected Areas within municipal waters, based on a co-management scheme that

accommodates the interests of all the stakeholders involved.

SEC. 7. Funding. - The initial fund for the establishment of the Marine Protected
Area shall be provided by the LGU. Funds for the sustainable management of the MPA shall
be included in the regular budget of the concerned LGU and may be augmented by funds
provided by the provincial government, grants, donations and income generated from the

operations of the MPA.

SEC 8. Management of Existing MPAs, -The DENR shall continue to manage
Marine Protected Areas established under the National Integrated Protected Areas System
(NIPAS) and all initial components of the System that have passed the requirements pursuant
to RA 7586, otherwise known as the NIPAS Act of 1992.

All marine protected areas, fishery reserves, fishery refuges or sanctuaries, and

mangrove swamp forest reserves previously declared or proclaimed by the President, ot
legislated as such by the Congress of the Philippines, may continue to be supervised by the

agency charged with its administration.

9. Violations and Sanctions. - Unless otherwise allowed in accordance with

this Act, the NIPAS Law, the Fisheries Code (RA 8550) and the Wildlife Act (RA 9147), it

shall be unlawful for any person to willfully and knowingly exploit, damage, or destroy
Marine Protected Areas and/or any of its parts. Violators shall be subject to the applicable
fines and penalties as provided for in the NIPAS Law, RA 8550 and RA 9147 and other
related laws, rules and regulations.

Should a coastal LGU fail to establish an MPA as herein provided, the Mayor, the
Vice Mayor and the members of the Sanggunian, shall be liable for prosecution under RA

3019, otherwise known as the Anti-Graft and Corrupt Practices Act and RA 6713, otherwise


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known as the Code of Conduct and Ethical Standards for Public Officials and Employees, or

other applicable laws.

SEC. 10. Incentives and Awards. - The Department of Agriculture in collaboration
with the DENR, Department of Interior and Local Government (DILG) and UP Marine
Science Institute (UPMSI) as well as other relevant academic and research institutions shall
develop incentive and awards mechanisms to promote effective management of marine

protected areas and to ensure their sustainability.

SEC 11. Implementing Rules and Regulations. - Within sixty (60) days after the
effectivity of this Act, the Secretary of the Department of Agriculture, together with the
DENR, the DILG and UPMSI, in consultation with other relevant academic and research
institutions, local government leagues, the NFARMC, fisher-folk and other concerned
organizations, shall formulate the rules and regulations for the full implementation of this
Act.

SEC 12. Separability Clause. ~ If any part of this Act should hereafter be declared
unconstitutional or invalid, such other parts not affected thereby shall continue in full force
and effect.

SEC 13. Repealing Clause. — All laws, decrees, executive orders and rules and
regulations or parts thereof, which are inconsistent with this Act, are hereby repealed or

modified accordingly.

This Act shall take effect fifteen (15) days after its complete

SEC 14. Effectivit
publication in a newspaper of general circulation.

Approved,