Republic of the Philippines
HOUSE OF REPRESENTATIVES.
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

House Bit NO.4015

Introduced by Honorable Michael L. Romero

Explanatory Note

The Philippines is an archipelagic country with a total marine area of
2,200,000 square kilometer and a length of coastline of 17,640 kilometer. The
optimum utilization of the potentials of the vast marine resources will play a vital
role in attaining food security.

However, a study pointed out that among the major issues affecting our
fisheries include overfishing and excessive fishing pressure, lack of management,
inappropriate exploitation pattems, and habitat degradation which resulted in
the dwindling of our fish production. It is reported that from 5% global farmed fish
supply in the last 20 years, the Philippines now contributes a little over 1% of
world production

The development of mariculture in the country is a means to improve
fisheries production and help uplift the lives of our fisherfolks. The Bureau of
Fisheries and Aquatic Resources (BFAR) define mariculture as a marine-based
industrial estate subdivided into farm plots for mariculture activities and has
communal storm-resistant mooring system and boundary markers. The concept
is centered upon the development of an industrial estate in the sea, wherein
aquaculture plots are leased to investors and infrastructure (mooring systems,
navigation lanes and docking areas) utilities (support facilities) and technical
services are provided by the government.


While mariculture parks have already been established and operational in
different areas of the country, they represent only a smalll fraction of the areas
that is suitable for the industry. The establishment of a national mariculture
program will provide a blueprint for the desired development of mariculture in
the country with the end view of increasing fish productions, uplift the lives of our
fisherfolks and attain food security.

In view of the foregoing, approval of this bill is highly and earnestly
recommended.



Republic of the Philippines
HOUSE OF REPRESENTATIVES.
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

4015

HOUSE BILL NOY

Introduced by Honorable Michael L. Romero

AN ACT

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

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

SECTION 1. Title. - This Act shall be known as "The National Mariculture
Program of 2016".

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 fisherfolk and they shall 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, financial and marketing assistance, and other services for the benefit
of the fisherfolk 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;

5. Development of technical skills for fishermen to sustain the mariculture
industry;

6. Provide appropriate infrastructure and equipment for favorable investment
climate and post-harvest technology;

7. Provide stakeholders easy access to lending institutions.

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

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

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

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

SECTION 5. 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 Government Code of 1991. the
concerned 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 well 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 fisherfolk or fisherfolk 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 fisherfolks and the viability for its
continued operation. In granting lease proposals by the local government unit,
preference shall be given to local fisherfolks.

SECTION 6. Ownership of Mariculture Parks. Unless the mariculture park is
established by private individual or corporation, the ownership of the park
shall belong to the municipal or city which has jurisdiction over the area, If the
park is established outside the municipal waters the ownership shall belong to
the provincial government which has jurisdiction over the area. If the area is
within the territorial jurisdiction of two or more municipal, cities or provinces,
the concerned municipal, cities or provinces shall co-own the area and their
interest therein shall be based on the size of the area in their jurisdiction being
occupied by the parks.

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

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

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

3. A representative from the registered Fisherfolk organization or cooperative;

4. A representative from the private business sector directly involved with
Mariculture Zone. All the above-mentioned members of the Advisory Council,
and not their respective proxies, shall be required to attend all council
meetings.

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

1. 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 Mariculture 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 Mariculture Zone areas shall be based
on mooring spaces to ensure that usage of area-space for sea cage farming is
solely based on the granted space as provided. Granted mooring spaces not
developed installed 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 potential 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 mariculture park and
zone.

SECTION 11. 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, __fisherfolk
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 as practicable, be encouraged to take an
active role in establishment, utilization and management of mariculture parks.
Qualified private investors or entrepreneurs shall coordinate with the
concerned local government officials, local fishing community and appropriate
government agencies, for this purpose.

SECTION 13, Financing Scheme. The LandBank of the Philippines (LBP) shall
provide loan assistance to qualified fisherfolk 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 loan

SECTION 14. Continuing Research and Development. The BFAR shall
conduct continuing research and development as well as application of
technological advancements in rnariculture industry. A one-hectare Research
and Development area shall be designated within a province, city or


municipality for the conduct of research and demonstration activities as well as
a venue for the manpower capability trainings in the mariculture 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 mariculture
projects. The BFAR shall review all existing mariculture 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 government units concerned, shall 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 Regulations.- The DA, through the
BFAR, together with the Department of Interior and Local Government(DILQ)
and the representatives of the League of Provinces, League of Cities, and
League of Municipalities, shall 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 or 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 regulations 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 after its
publication in at least two (2) national newspapers of general circulation.

Approved.