Republic of the Philippines
HOUSE OF REPRESENTATIVES,
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

House Bill No. 107

Introduced by Rep, LAWRENCE LEMUEL H, FORTUN

EXPLANATORY NOTE

The Philippines has a very rich marine life and ecosystems. We are
blessed with extensive coral reefs, seagrass beds and dense mangrove forests.
Our coastal areas are vast and varied consisting of sandy beaches, dunes,
lagoons, estuaries, reefs and mangroves. However, our marine resources are
under threat from heavy siltation, unsuitable coastal land development,
discharge of toxic materials, pollutants, excessive fishing and destructive
harvesting activities. | Unabated human consumption has resulted in
overharvesting of marine resources, the reclamation of land, and other
destructive human activities that contribute to the decline and depletion of our
marine life,

The Local Government Code, the National Integrated Protection Areas
System Act and the Fisheries Code provided for the administration of
municipal waters by local governments. The 1998 Fisheries Code has set a
target of 15% of coastal municipal waters to be protected within a no take
Marine Protected Area. However, it is estimated that only 0.5% of coastal
municipalities are currently protected within no-take Marine Protected Areas.!

This bill therefore mandates every coastal municipality to establish,
maintain, and manage marine protected areas in at least 15% of their
municipal waters while preserving already existing MPAs. These are essential
in addressing the urgent need to guarantee ecological stability while addressing
vital issues of food security and economic sustainability of the country’s fisher
folks. The bill likewise provides for mechanisms for concerted efforts in the
local communities for the preservation and protection of our municipal coasts.

The measure was approved on Third and Final Reading by the House of
Representatives in the 17 Congress. It is prayed that in the 18 Congress,
this measure is finally passed and approved into law.

In view of the foregoing considerations, approval of/ this bill is most
earnestly sought.

REP. LAW

E FORTUN
1st Districy,

' ‘Weeks, R., Russ, G., Alacala, A and White, A. (2008). Effectiveness of Marine Protected Areas in tho®
Conservation. Retrieved from hip: wv coraltrianglecenterorp/wp-contenV/uploads/pd/2010-013 pf"



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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

House Bill No. od

Introduced by Rep. LAWRENCE LEMUEL H. FORTUN

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

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:

(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 (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.

(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.

(d) 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. A 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, including a marine sanctuary which may be located 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 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


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conservation. The MPA shall be established in accordance with an integrated
community-based conservation program and coastal resource management
plan.

Where possible, an inter-tidal 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 fisher folk 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 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 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”, as amended.

All marine protected areas, 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.


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SEC. 9. Prohibited Acts and Sanctions. - Unless otherwise allowed by this
Act, the NIPAS Law, the Philippine Fisheries Code (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, 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 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 DA Secretary, 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. - 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
publication in the Official Gazette or in a newspaper of general circulation.

Approved,