Republic of the Philippines | RECEIVED
HOUSE OF REPRESENTATIVES: 28 JUL 2016
Quezon City, Metro Manila

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Seventeenth CONGRESS | BY
First Regular Session

HOUSE BILL No. £126

Introduced by Representative Benhur L. Salimbangon

EXPLANATORY NOTE

The Philippines being an archipelago consists of over 7,000 islands is spread over
2650 kilometers of sea abundant with marine life and other natural resources.

Several developments such as climate change, siltation due to deforestation and
bad agricultural practices, coastal land development, industrial pollutants, destructive
fishing methods, over fishing and gleaning, and other extractive activities poses 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 neighbors in the Southeast Asian nations. If
this persists, food security, ecological sustainability and the livelihood for the small and
marginalized fisher folks 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 compulsory and
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 fisher folks but
more importantly, to ensure that there will be environmental sustainability for future
generations to come.

In view of the foregoing, approval of this bill iyearnestly sought.

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BENHUR L. SALIMBANGON

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» USL GF REPRESENTATIVES



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

Seventeenth Congress
First Regular Session 2} 26

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 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 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 primacy of the citizenry as users and
beneficiaries of the country’s resources. As such, each community is therefore
acknowledged as a crucial partner in the effort to conserve and manage the country’s
natural marine resources.

To preserve biological diversity, the coastal community is encouraged to
formulate its own marine conservation program, according to a coastal resource
management plan tailored to the ecological conditions of a particular marine
environment.


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SEC. 3. Definition of Terms.— As used in this Act:

Buffer zone refers to the area surrounding the core zone of protection, where
extractive or recreational activities are regulated according to its carrying
capacity;

Co-management scheme refers to a management approach of administrative
integration and cooperation, where the local community, the local government
unit (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 goal of sustainable management of the
marine protected area;

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;

Marine protected area 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 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 (MPA) may
take the following forms, any one 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; and

(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 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)
MPA within municipal waters, subject to existing guidelines and the prerequisite of
consultation with the local community. The MPA shall have a minimum total area 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
total area to be protected need not be contiguous, and may be designated in such a


manner as may be deemed appropriate, so long as it fulfills the ultimate purpose of
conservation. The MPA shall be established in accordance with an integrated community-
based conservation program and coastal resource management plan

Where possible, an intertidal area shall be reserved for the establishment of a
mangrove swamp forest reserve as part of an MPA.

Where the municipalities border each other in a way that their respective
coastlines form a contiguous body, the concerned LGUs may jointly establish and
administer Marine Protected Area Networks as to reach the optimum size and
arrangement of a large-zoned MPA and to increase the effectiveness and efficiency of its
management.

SEC. 5. General Criteria. — An MPA may either take one particular form or
incorporate different types. It shall be established according to existing guidelines and
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 rights of municipal
fisherfolk to the preferential use of the marine and fishing resources, 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 (BFAR) 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 an MPA within municipal waters, based on a
comanagement 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 concerned LGU. Funds for the sustainable management of
the MPA shall be included in the regular budget of the 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
the existing 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. Prohibited Acts and Sanctions. — Unless otherwise allowed by this Act,
the NIPAS Law, 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 an MPA
or any portion of it. Violators shall be liable to the payment of applicable fines and
penalties as provided for in the NIPAS Law, Republic Act No. 8550, Republic Act No.
9147, and other related laws, rules and regulations.

If a coastal LGU fails to establish an MPA as herein provided, the appropriate
administrative, civil, or criminal action prescribed under existing laws may be filed
against the mayor, the vice mayor, and the members of the sanggunian.

SEC. 10. Incentives and Awards. ~ The Department of Agriculture in
collaboration with the DENR. Department of Interior and Local Government (DILG) and
University of the Philippines Marine Science Institute (UPMSI) as well as other relevant
academic and research institutions shall develop incentive and awards mechanisms to
promote the effective management of marine protected areas and 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 NFARMC, fisherfolk and other concerned organizations,
shall formulate the rules and regulations to implement this Act.

SEC. 12. Separability Clause. — \f 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
publication in the Official Gazette or in a newspaper of general circulation.

Approved,