‘O
fy

REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session
4518

inss>

House Bill No.

Introduced by MAGDALO Party-List Representative
HON. MANUEL DG. CABOCHAN III

EXPLANATORY NOTE

Having one of the world's most abundant marine environment, the Philippines’ marine
resources serve as the primary source of our food, minerals, petroleum, hydrocarbon, and
energy, among others. Though States have sovereign right to exploit their own natural
resources, they also have the duty to protect and preserve the marine environment within and
outside their jurisdiction.

‘Thus, Article XII, Section 2 of our Constitution mandates the State to protect the nation’s
marine wealth in its archipelagic waters, territorial sea and exclusive economic zone and
reserve its use and enjoyment exclusively for Filipino citizens

Given the importance of our marine environment to our country's economy and biodiversity,
it is important for us to protect our marine resources from indiscriminate exploitation for our
food security, ecological balance, and sustainable livelihood for our fisherfolks. More
importantly, the preservation of our marine resources ensures that our children and the
succeeding generations will inherit a living earth with all of its bountiful natural resources
and vibrant wildlife.

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 for our food security, ecological balance, and
sustainable livelihood for our fisherfolks as well as ensuring that our children and future
generations will still benefit from our bountiful resources.

In view of the foregoing, immediate passage of this bill is earnestly sought.

MANUEL DG: CABOCHAN IIL
Representative
Magdalo Para sa Pilipino Party-List

wy
TERED
1E:

“a

>,
BS


REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session
4518

House Bill No.

Introduced by MAGDALO Party-List Representative
___HON. MANUEL DG. CABOCHAN Il

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”.

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 distegard 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.

‘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 a management approach of administrative
integration and cooperation, where the local community, the local government unit


wavausene

(LGU), participating agencies, concerned civil society and sectors contribute their
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

c

Mangrove swamp forest reserve refers to a 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.

qd

Marine protected area (MPA) refers to a defined area of the sea established and set
aside by law, administrative regulation or any other effective means in order to
conserve and protect a part of or the entire enclosed environment, through the
establishment of management guidelines. It is considered a generic term that includes
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, anyone or a combination of
which may comprise the MPA:

1. 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 marine reserve
may include a marine sanctuary within its boundaries. The entire area need not be
placed under the same 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.

2. Marine park refers to a type of marine reserve where conservation-oriented
recreation, education and research are emphasized. A marine park may include a
marine sanctuary within its boundaries.

3. 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 Zone". 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 the
effectivityof this Act, all coastal municipalities and cities shall establish at least one (1) MPA
within municipal waters, which shall be subjected to the prerequisite of consultation with the
local community. The protected area must have a minimum size of ten (10) hectares, unless
the total area of the municipal waters is fifteen (15) hectares or less, in which case the MPA
shall comprise fifteen percent (15%) of the municipal waters. The protected area shall be
established in accordance with an integrated community-based conservation program and
coastal resource management plan. The total area designated for protection need not be
contiguous, and may be designed in such a manner as may be deemed appropriate, so long as
it fulfills the ultimate purpose of conservation.

Inter-tidal areas shall be reserved for the establishment of mangrove swamp forest
reserves as part of the MPA where possible. If the municipalities border each other in such a

2


way that their respective coastlines form a contiguous body, the concerned LGUs may so
jointly establish and administer the MPA as to reach the optimum size and arrangement of a
large zoned MPA.

SEC. 5. General Criteria. - The MPA, 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 socioeconomic characteristics of the local
community, among others: Provided, That the form or arrangement of the MPA does not in
any way impair the preferential use rights of municipal fisherfolk, unless ecological
conditions are in such an advanced state of degradation that rehabilitation must necessarily
preclude allowing all extractive and human activity.

SEC. 6. Responsible Entities. - The concerned LGU, along with members of the
community and civil society, the Bureau of Fisheries and Aquatic Resources (BF AR) of the
Department of Agriculture (DA), the Department of Environment and Natural Resources
(DENR), the Fisheries and Aquatic Resources Management Councils (FARMCs) and the
private sector, shall be responsible for the designation, establishment and management of
MPAs 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 MPA 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
MPAs established under the National Integrated Protected Areas System (NIPAS) and all
initial components of the System that have passed the requirements pursuant to Republic Act
No. 7586, otherwise known as the "National Integrated Protected Areas System Act of 1992".

All MPAs, fishery reserves, fishery refuges or sanctuaries and mangrove swamp
forest reserves previously declared or proclaimed by the President or legislated as such by the
Congress of the Philippines, may continue to be supervised by the agency charged with its
administration

SEC. 9. Violations and Sanctions - Unless otherwise allowed in accordance with this
Act, the NIPAS Act of 1992 (Republic Act No. 7586), the Philippine Fisheries Code of 1998
(Republic Act No. 8550) and the Wildlife Resources Conservation and Protection Act
(Republic Act No. 9147), it shall be unlawful for any person to willfully and knowingly
exploit, damage or destroy MPAs and/or any of its parts. Violators shall be subject to the
applicable fines and penalties as provided for in Republic Act No. 7586, Republic Act No.
8550 and Republic Act No. 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 Republic
Act No. 3019, otherwise known as the "Anti-Graft and Corrupt Practices Act" and Republic
Act No. 6713, otherwise known as the "Code of Conduct and Ethical Standards for Public
Officials and Employees", or other applicable laws.


SEC. 10. Incentives and Awards. - The DA, in collaboration with the DENR, the
Department of the Interior and Local Government (DILG) and the University of the
Philippines Marine Science Institute (UPMSI) as well as other relevant academic and
research institutions, shall develop incentive and award mechanisms to promote effective
management of MPAs 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 DA, together with the DENR, the DILG and the
UPMSI, in consultation with other relevant academic and research institutions, local
government leagues, the National Fisheries and Aquatic Resources Management Council,
fisherfolk 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.

SEC. 14. Effectivity. - This Act shall take effect fifteen (15) days after its complete
publication in at least two (2) newspaper of general circulation.

Approved,