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Republic of the Philippines x
HOUSE OF REPRESENTATIVES re
Quezon City /S RECEIVED

EIGHTEENTH CONGRESS \ + 9:8 MN
Second Regular Session Tae:

HOUSE BILL No. __/24

Introduced by
BAYAN MUNA Representatives EUFEMIA C. CULLAMAT,
CARLOS ISAGANI T. ZARATE and FERDINAND R. GAITE,
GABRIELA Women’s Party Representative ARLENE D. BROSAS,
ACT TEACHERS Party-List Representative FRANCE L. CASTRO,
and KABATAAN Party-List Representative SARAH JANE I. ELAGO

AN ACT MANDATING THE
SPECIAL PROTECTION TO COASTAL FISHING COMMUNITIES
FOR SUSTAINABLE SMALL-SCALE FISHERIES IN THE COUNTRY

EXPLANATORY NOTE,

‘The small fisherfolk in the country is more or less synonymous to being “poorest of the poor.” Based
on Philippine Statistics Authority (PSA) data, poverty incidence among basic sectors was highest on the
fisherfolk sector until 2015, when it was slightly surpassed by farmers. In 2006, it was 41.2%, 2009 41.3%,
2012 39.2% and 2015 34%. This numbers should have illuminated policy-makers of the severity of the
impoverished situation of fisherfolk especially when the 2015 poverty threshold was set to P9,064 for a
family of five, or around P300 per day. With this income, the right to adequate standard of living, that
incorporates the right to shelter, is fundamentally a privilege for the fisherfolk sector.

Moreover, the small fisherfolk is identified in the Republic Act No. 8425 Social Reform and Poverty
Alleviation Act, as artisanal fisherfolk, defined as “mumicipal, small scale or subsistence fishermen who use fishing
gear which do not require boats or which only require boats below three (3) tons.” Presumably derived from the
definition set in the Republic Act No. 8550 Fisheries Code of 1998. The National Anti-Poverty
Commission (NAPC) elaborated it on the Social Reform Agenda as being part of “Ye poor! and ‘the

marginalized”

In relation, the dimension of vulnerability establishes the social, economic and cultural plight of the small
fisherfolk. The United Nations defined vulnerability may be defined as the risk of being negatively
affected by shocks, that may be caused by nature or man-made. Some scholars simplify it as being
“yulnerable to poverty when she or he is at risk of becoming poor or at risk of remaining poor,” while based on the
paper “Vulnerability to Income Poverty: Trends from 2003 to 2015” by Jose Ramon Albert, Ph.D. and
Jana Flor Vizmanos, of the Philippine Institute for Development Studies (PIDS), it was described as
“their[honsebolds] chance of being poor in the future exceeds the national poverty rate.”

On the said paper, based on the 2015 Family Income and Expenditure Survey (FIES), a minority 16.1%
of the fisherfolk sector was classified as non-vulnerable, or a majority 83.9% was vulnerable to poverty,
with varying degrees between “highly” to “relatively.” By major income source classification, likewise only
16% was non-vulnerable, or 84% was vulnerable. It was second most vulnerable among the list, following
Forestry and Hunting where only 11.1% was non-vulnerable. This undoubtedly implied that drastic

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change in situation such as national calamities, or a pandemic, could dramatically throw the sector into a
state of poverty.

‘The United Nations, on its various documents and pronouncements, especially on the “Voluntary
Guidelines for Securing Sustainable Small-Scale Fisheries in the Context of Food Security and Poverty
Eradication,” classified the fisherfolk as part of the “vulnerable and marginalized groups.” ‘The UN
Committee on Fisheries stated that small-scale fishers and fish workers account for over 0% of all
people involved in capture fisheries and are considered to be among the most vulnerable people engaged
in fisheries and could be potentially “ff bebind”, unless appropriate consideration and action are taken.
Last March, when UN Secretary-General Anténio Guterres appealed for a global ceasefire in armed
conflict said that the marginalized and the displaced, are also most at risk of suffering devastating losses
from COVID-19. In June, the UN Food and Agriculture Organization (FAO) claimed that the fisherfolk
sector is among the most affected by the pandemic crisis,

‘Marginalization of fisherfolk sector, manifests in all fronts. Itis essentially the deprivation of due support
for small-scale fisheries production and government preference to the capital-intensive aquaculture
sector, and unequal application of the law favoring commercial fishing vessels that engage in over-
exploitation of the fishing grounds, and being the final blow, the essentially inexistent tenurial rights on
the plots of land of their homes and communities. This throws them as easy victims of displacement to
pave way for government and private projects, and even eco-tourism ventures. The displacement of
coastal fishing communities in the name of reclamation projects, eco-tourism or even conservation of
marine biodiversity is a testament, which the small fisherfolk’s right to adequate standard of living and
fishing rights, are all inferior to the pursuance of the latter. This is amid that these human activities
virtually demolish the sustainability of the marine resources and environment, and cancelling food
security, almost comprehensively.

Even the “people’s safety” or the geo-hazard phenomenon was invoked in the 40-meter “no build zone”
proposal in the aftermath of typhoon Yolanda in 2014, ‘This literally meant the displacement of millions
of fisherfolk families, amid the country being archipelagic and history is rooted in the development of
communities along the shores. The geo-hazard question ended at the vicious aim of displacement of
almost a whole sector in the population and failed to dig up the root of vulnerability.

Past and present administration neglected the root of vulnerability of fishing communities to natural
calamities, particularly storm surges. This is the deforestation of the mangrove trees. Until present, amid
numerous studies that establish the advantages of mangrove forests to even inland communities.
Existing laws prohibits cutting of mangrove trees, but mere approval from the Department of
Environment and Natural Resources (DENR), undermines the wisdom of that provision. Even the
historical wiping out of mangrove forests in Manila Bay remains unrestricted, amid the 2008 Supreme
Court mandamus for its rehabilitation. From 54,000 hectares at the turn of the 20" century, mangrove
forests contracted to 794 hectares in 1995. Even at present, mangrove trees are being massacred in
Bulakan town and being cut-and-buried in Bacoor City, Cavite. These are in the name of development
promised by the 2,500-hectare Aerotropolis Project of San Miguel Corporation, and Bacoor reclamation
project bannered by its local executive, respectively.

Clearly, the jurisprudence lacks to address the tenurial security of poor fisherfolk families on their homes
and communities, and wiping out of mangrove forests in the country by ‘development’ projects. This is
amid the 1987 Constitution banners the protection the rights of subsistence fishermen, especially of
local communities, to the preferential use of the communal marine and fishing resources; that the goals
of the national economy are a more equitable distribution of opportunities, income, and wealth; and



highest priority to the enactment of measures that protect and enhance the right of all the people to
human dignity, reduce social, economic, and political inequalities.

Moreover, the country committed to the global mission of achieving a better and more sustainable future
forall. Sustainable Development Goals No. 14, “Conserve and sustainably use the oceans, seas and marine resources
Jor sustainable development,” declares the small fisherfolk as movers for the future, This further elaborated
on its targets and indicators to, “sustainably manage and protect marine and coastal ecosystems,” “Increase the
economic benefits from sustainable use of marine resources,” and “Support small scale fishers: Provide access for small-
sale artisanal fishers to marine resources and markets.” On the corollary, there is no discourse of sustainability
if coastal fishing communities are displaced.

This bill aims to fulfill the promises of the laws of the land, and of the country to the world. The
decades-old marginalization of the fisherfolk sector must be decisively ended.

For the interest of millions of Filipino fisherfolk and for a sustainable future, the urgent passage of this bill is earnestly
songht.

Approved,
amat
REP 1A C. CULLAMAT
Bayan Muna Partylist
Fon, vee
REP. Baws 1 T. TE RE) (NJ R. GAITE
Bayan Muna Parbylist Bayan Muna Partylist
RE!) D. BROSAS REP: iCE L. CASTRO
-ABRIBLA Women’s Party AT Teachers Partylist
REP. S. IE I. ELAGO
in Parbylist


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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
Second Regular Session

75

HOUSE BILL No. 4

Introduced by
BAYAN MUNA Representatives EUFEMIA C. CULLAMAT,
CARLOS ISAGANI T. ZARATE and FERDINAND R. GAITE,
GABRIELA Women’s Party Representative ARLENE D. BROSAS,
ACT TEACHERS Party-List Representative FRANCE L. CASTRO,
and KABATAAN Party-List Representative SARAH JANE I. ELAGO

AN ACT MANDATING THE
SPECIAL PROTECTION TO COASTAL FISHING COMMUNITIES
FOR SUSTAINABLE SMALL-SCALE FISHERIES IN THE COUNTRY

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

Section 1. Short title. - This Act shall be known as “Special Protection to Coastal Fishing
Communities Act.”

Section 2. Declaration of Policies. ~The State shall uphold the provision of the 1987 Constitution,
particularly, Section 7 of the Article XIII on Social Justice and Human Rights, which mandates that the
States shall protect the tights of subsistence fishermen, especially of local communities, to the
preferential use of the communal marine and fishing resources, both inland and offshore. Such protection
extends to offshore fishing grounds of subsistence fishermen against foreign intrusion.

“The State shall apply the principle of stewardship of the fisherfolk sector, on the coastal public
domain, based on the principles of the 1987 Constitution:

a. Section 1 of the Article XII, National Economy and Patrimony, provides that the goals of the
national economy are a more equitable distribution of opportunities, income, and wealth;
sustained increase in the amount of goods and services produced by the nation for the benefit
of the people; and an expanding productivity as the key to raising the quality of life for all,
especially the underprivileged;

b. Section 1 of the Article XIII on Social Justice and Human Rights, provides that Congress shall
give highest priority to the enactment of measures that protect and enhance the right of all the
people to human dignity, reduce social, economic, and political inequalities, and remove cultural
inequities by equitably diffusing wealth and political power for the common good;

c. Section 2 provides that the promotion of social justice shall include the commitment to create
economic opportunities based on freedom of initiative and self-reliance.


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‘The State shall hold that the national fishery and aquatic resources sector, especially the small-scale fishing,
is vital for the recovery of the national economy and attainment of national food security, and recognizes
the fisherfolk sector as a frontliner sector, deserving of adequate protection to their rights to adequate
standard of living, Likewise, upholds the policy declared by the Republic Act No. 8425 or Social Reform
and Poverty Alleviation Act for a sectoral intervention to poverty alleviation, wherein, the small fisherfolk
and fish worker family, as referred in this act, shall be empowered to mect its minimum basic needs for
their adequate standard of living

‘The State shall declare in this Act that the consistently sustained small-scale or subsistence fishing as the
country’s contribution to the United Nations’ Sustainable Development Goal No. 14 to conserve and
sustainably use the oceans, seas and marine resources for sustainable development, and to reduce hunger
and improve nutrition, alleviate poverty, generate economic growth and ensure better use of natural
resources.

CHAPTER I
SPECIAL PROTECTION TO COASTAL FISHING COMMUNITIES

Section3. The Coastal Fishing Community. ~ Is a social unit of fisherfolk, ot people directly or
personally and physically engaged in taking, culturing and processing fishery and aquatic resources,
located in the area where interactions of sca, lake or river and similar formations, and land processes
occur and enclosed by the archipelagic baselines stated in the Republic Act No. 9522.

Section 4. Special Protection to Coastal Fishing Communities. — Coastal fishing communities
is hereby protected from destructive human activities and displacement, such as but not limited to,
reclamation projects, conversion and privatization.

Section 5. Identification and Establishment of the Coastal Fishing Communities. - The
Bureau of Fisheries and Aquatic Resources (BEAR), or the Bureau as referred to in this Act, shall act as
the lead agency in the identification and establishment of the coastal fishing communities in the country.

The Bureau shall:
a. craftits initial mapping based on its existing records;

b. coordinate with the Department of Environment and Natural Resources (DENR) to
substantiate the mapping with legal descriptions and natural boundaries;

hold public consultations on the identification of coastal fishing communities;

d. finalize the National Map of Coastal Fishing Communities, or Fishing Communities Map, as
referred to in this Act, Provided that People’s Organizations (POs) or Non-Government
Organizations (NGOs) advocating the rights of small fisherfolk express their
recommendation of approval;

¢. and issue the map as Fishery Administrative Order, which shall, by virtue of this Act,
constitute the official documentary representation of the purpose of Special Protection to
the Coastal Fishing Communities.

Section 6.  Disapproval, Revocation of Human Activities or Projects Detrimental to the
Special Protection to the Coastal Fishing Communities. -


a. Alllplans or projects covering or overlapping the Fishing Communities Map, that are pending
with the office of the Philippine Reclamation Authority (PRA) or any agency or local
government units (LGU) are hereby disapproved.

b. _ All Environmental Clearance Certificates (ECC) issued by the DENR and all permits issued
by any government agency or LGU for plans or projects covering ot overlapping the Fishing
Communities Map are hercby revoked, and pending applications for such, are hereby
disapproved.

Section?. Conformed Land Use Plan by Local Government Units. ~The local government
units shall, in conformity with this Act and in consonance with the Republic Act 7160, otherwise known
as the Local Government Code of 1991, prepare or amend their respective comprehensive land use plans
enacted through zoning ordinances which shall be the primary and dominant bases for the purpose of
Special Protection to the Coastal Fishing Communities.

Section 8. Monitoring. - The BFAR, in close cooperation with the Specially-Protected Coastal
Fishing Communities shall ensure and monitor the attainment of the purposes of this Act.

CHAPTER II
SPECIAL PROTECTION TO MANGROVE TREES AND FORESTS AND
REFORESTATION FOR SUSTAINABLE SMALL-SCALE FISHERIES

Section9. | Mangrove Reforestation for Sustainable Small-Scale Fisheries. - 1s the
reforestation program for mangrove trees of endemic species to the natural environment of a Specially-
Protected Coastal Fishing Community, Provided that it shall not result to the dislocation of fisherfolk
families, or detriment of their fishing rights and adequate standard of living

a. The program's objective shall be:

i to establish fish refuge and sanctuaries, and habitat of other marine life, towards
restoration of biodiversi

ji, to serve as natural defense to coastal fishing communities from natural occurrences
such as storm surges and flooding;

iii, to contribute to the attainment of sustainability of small-scale fisheries and
improvement of the adequate standard of living of poor fisherfolk families.

b. The Bureau, shall:
i. identify the location of persisting mangrove forests and new reforestation sites
enclosed within the Specially-Protected Coastal Fishing Community, Provided that

residents of the said community express their approval;

i, integrate the said locations to the Fishing Communities Map, as documentary
representation of the purpose of Special Protection to Mangrove Trees and Forests.


Section 10.

Special Protection to Mangrove Trees and Forests. It is hereby declared that

cutting of mangrove trees is prohibited and no order, permit or license shall be issued, and existing or
pending of such, are hereby revoked, and all mangrove trees or forest is under special protection.

Furthermore:

Section 11.

b.

all ECCs, permits or licenses issued by the Department of Environment and Natural
Environment (DENR) that allows the destruction or cutting of mangrove forest or trees are
hereby revoked.

all orders issued or memorandum of agreements signed, by or in behalf of the DENR that
allows the destruction or cutting of mangrove forest or trees are hereby revoked.

CHAPTER IIL
PENAL AND MISCELLANEOUS PROVISIONS

Penalties. -

For violations of the Sections under Chapter I, Special Protection to Coastal Fishing
Communities:

i. Any public officer or private person found in violation shall be punished with
imprisonment of not less than one year nor more than ten years, and perpetual
disqualification from public office

ii, If the violators a corporation, partnership or association, the following penalties shall
be imposed:

1. imprisonment for not less than one year nor mote than ten years;

2. a fine of not less than ten million pesos (P10,000,000) but not more than twenty
million pesos (P20,000,000);

3. reparatory damages for fisherfolk houschold victims of two million pesos
(P2,000,000) each; and

4. for the Specially-Protected Coastal Fishing Community, the amount of five million

pesos (P5,000,000).

Provided that the penalty of imprisonment shall be imposed on the guilty officer or
officers and member or members of its Board of Trustees,

For violations of the Sections under Chapter II, Special Protection To Mangrove Trees And
Forests And Reforestation For Sustainable Small-Scale Fisheries:

i Any public officer ot private person found in violation shall be punished with
imprisonment of not less than one yeat nor more than ten ycars, perpetual
disqualification from public office, and a fine of not less than twenty million pesos
(P 20,000,000) but not more than thirty million pesos (P30,000,000); Provided that if
the violator is a corporation, partnership of association, the penalty of imprisonment

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shall be imposed on the guilty officer or officers and member or members of its Board
of Trustees.

Section 12. Appropriations. ~The sum of onc billion pesos (P1 000,000,000) is hereby appropriated
to BFAR to implement the program components of this Act.

Section 13. Implementing Rules and Regulations. ~ ‘The BFAR, upon consultation with People’s
Organizations (POs) or Non-Government Organizations (NGOs) advocating the rights of small
fisherfolk shall issue the Implementing Rules and Regulations within 15 days from this Act’s effectivity.

Section 14. Separability Clause. — If for any reason, any section or provision of this Act be found
null and void, no other sections or provisions or part hereof shall be affected and shall remain in full
force and effect.

Section 15. Repealing Clause. — Existing laws ot provisions of such, found contradictory to this
Act is hereby amended or repealed, accordingly.

Section 16. Effectivity. -‘This Act shall take effect immediately upon publication.

Approve,