RECEIVED
Republic of the Philippines pare 06 SEP 2016 _
HOUSE OF REPRESENTATIVES T2_2 SS B0__
Quezon City ev pode
SEVENTEENTH CONGRESS

= * RECISTR \TION UNIT
First Regular Session

HOUSE BILL No, 8809

EXPLANATORY NOTE

According to latest data available from the Philippine Statistics Authority,
Fishermen posted the highest poverty incidence among the nine basic sectors in
the Philippines in 2012 at 39.2%".

Recent data and study from the Philippine Statistics Authority? also show
the following figures:

During the first quarter of 2016, total production of the fisheries sector was
5.11 percent lower than the previous year’s level.

About 2.5 percent decrement on production was noted in municipal
fisheries. Almost 86 percent of its volume came from unloading in municipal
landing centers while the rest were caught from inland bodies of water. Both
subsectors declined during the quarter. Less fishing activities were observed as
hot weather conditions prevailed in the coastal areas. Municipal fisheries
contributed 28.95 percent to total output of fisheries.

Harvests from aquaculture farms were reduced by 3.40 percent.
Decreasing trends on major species like milkfish, tilapia, tiger prawn and
seaweeds were reflected. High mortality and slow growth of species were
experienced amid the dry spell. For seaweeds, rampant ice-ice disease and

* https://psa.gov.ph/content/fishermen-farmers-and-children-remain-poorest-basic-sectors-0 (last accessed 15
August 2016, 2:55pm)
* https://psa.gov.ph/fisheries-situationer (last accessed 15 August 2016, 2:47pm)

HOUS YF REPRESENTATIVES

BILLS aNd «WOE X SERVICE



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epiphytes affected its produce with a decline of 6.82 percent. Of the total fisheries
production, 46,34 percent came from aquaculture subsector.

Fisheries are an important sector in the Philippines economy, employing
about 1.6 million people, according to government figures. Municipal fisheries
employ 1.37 million people while the aquaculture sector employs a further
226,000 people.*

In addition to the effects of the dry spell mentioned above, part of the
reason for the drop in fisheries output in 2013 was the serious impact of Typhoon
Haiyan (Yolanda) on the aquaculture and municipal fisheries sectors in the
central Visayas region after the storm struck in November that year.

Damage caused by the storm continues to affect fisheries and agricultural
production in affected areas as work continues to repair the damage and support
rebuilding of affected rural communities.!

Considering the foregoing, this measure is being proposed in order to
address the adverse effects of natural and man-made calamities, climate change,
and other unforeseen weather phenomena, by providing our small-scale
fishermen and subsistence fisherfolks an alternative source of livelihood by
giving them the necessary training and knowledge to extend assistance to their
communities during said unfortunate events in coordination with their
respective Barangays, the Philippine Coast Guard, the NDRRMC, and other
related government agencies.

Not only will this Bill provide assistance to our small-scale fishermen and
subsistence fisherfolks during times of misfortune by augmenting their sources
of income, more importantly, this measure will encourage camaraderie and
instill the spirit of “bayanihan” among them in their respective communities in
times of need while at the same time provide support to existing government
instrumentalities and personnel.

* http://www.worldfishing net/news101/regional-focus/philippines-steps-up-assistance-to-small-scale.
fishermeniisthash.5piQ76)A.dpuf (last accessed 15 August 2016, 5:53pm)
“Ibid.


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Hence, the approval of this Bill is earnestly sought.

Yaa

HON. VINI NOLA/A. ORTEGA
Representative
ABONO Party-list


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Republic of the Philippines
HOUSE OF REPRESENTATIVES.
Quezon City
SEVENTEENTH CONGRESS

First Regular Session.
HOUSE BILL NO. 3509

AN ACT PROVIDING FOR
ALTERNATIVE SOURCE OF LIVELIHOOD FOR SMALL-SCALE
FISHERMEN AND SUBSISTENCE FISHERFOLKS IN COASTAL
‘COMMUNITIES IN THE PHILIPPINES BY DEPUTIZING THEM AS.
AUXILIARY RESPONSE TEAM IN NATURAL AND MAN-MADE
CALAMITIES AND DISASTERS.

Section1. Title. - This Act shall be known as the “Alternative Source of
Livelihood for Fishermen Act of 2016”.

Section 2. Declaration of Policy. —

The State shall protect the rights and interests of small-scale fishermen and
subsistence fisherfolks especially of local coastal communities.

However, due to uncertainty and issues of sustainability of resources available to
them coupled with unforeseen or fortuitous events such as typhoons, effects of
climate change, or man-made disasters, the State shall provide for other means of
sources of livelihood for these fishermen in order to augment their source of
income during said period.


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To provide as an alternative source of livelihood, the State shall deputize small-
scale fishermen and subsistence fisherfolks to serve as members of an auxiliary
response team in coordination with their respective Barangays, the Philippine
Coast Guard, the NDRRMC, and other related government agencies.

This shall serve as a means for equitable distribution of opportunities, income,
and wealth in accordance with national economic development programs of the
State.

They shall be provided practical training and knowledge to conduct search and
rescue operations, clean-up of oil spill and other noxious substances from
and retrieval from wreckage procedures, and other necessary technical
information to fulfill their duties and responsibilities as such.

sels

In consideration thereto, small-scale fishermen and subsistence fisherfolks shall
be adequately compensated accordingly for their contributions to their
communities.

Section 3. Definition of Terms. - For purposes of this Act, the following terms
shall be defined as follows:

(a) Small-scale Fishermen refers to individuals utilizing “artisanal” or
traditional fishing (as opposed to commercial fishing), using relatively
small amount of capital and energy, relatively small fishing vessels (less
than 3.1 gross tons GT), and mainly for local consumption.

(b) Subsistence Fisherfolks refers to individuals who engage in fishing, other
than sport fishing, that is carried out primarily to feed the family and
relatives of the individual engaged in fishing. Generally it also implies
the use of low tech “artisanal” or traditional ing techniques.

Section 4, Determination and Registration of Small-scale Fishermen and
Subsistence Fisherfolks. - Section 19 of RA 8850 (Fisheries Code of 1998)


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provides that “The LGU shall maintain a registry of municipal fisherfolk, who
are fishing or may desire to fish in municipal waters for the purpose of
determining priorities among them, of limiting entry into the municipal waters,
and of monitoring fishing activities and/or other related purposes. Such list or
registry shall be updated annually or as may be necessary, and shall be posted in
barangay halls or other strategic locations where it shall be open to public
inspection, for the purpose of validating the correctness and completeness of the
list.”

In accordance with this provision of the RA 8850, the Bureau of Fisheries and
Aquatic Resources (BFAR) designed the Municipal Fisherfolks Registration
System (FishR) of coastal LGUs.

In view of the abovementioned provision, the Department of Social Welfare and
Development (DSWD) office of every coastal city or municipality, as the case
may be, shall coordinate with the BFAR and the Municipal Fisherfolks
Registration System for determination and registration purposes of small-scale
and subsistence fisherfolks in accordance with this Act.

Section 5. Training Programs. - Section 24 of RA 8850 (Fisheries Code of
1998) provides for the Support to Municipal Fisherfolk thru “the Department
and the LGUs (shall provide support to municipal fisherfolk) through
appropriate technology and research, credit, production and marketing
assistance and other services such as, but not limited to training for

additional/supplementary livelihood”.

The qualified and registered Small-scale Fishermen and Subsistence Fisherfolks
under this Act shall undergo training under the tutelage and supervision of
relative government agencies for this purpose, such as but not limited to the
Philippine Coast Guard, the NDRRMC of the Office of Civil Defense, Technical
Education and Skills Development Authority (TESDA), and the respective
Barangays to which the individuals belong to for search and rescue operations,
clean-up of oil spill and other noxious substances from vessels and retrieval from
wreckage procedures, and other necessary technical information required during
periods of natural calamities, typhoons, man-made disasters, and the like.


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In addition to the foregoing, the Small-scale Fishermen and Subsistence
Fisherfolks shall also be given provisions for equipment and tools necessary for
their functions as auxiliary response team.

Section 6. Remuneration. - The qualified and registered Small-scale Fishermen
and Subsistence Fisherfolks who have successfully undergone the training
required as certified by the appropriate government agency who conducted the
same, shall be entitled to remuneration for their participation, contribution, and
assistance in their respective cities, municipalities, and communities, as the case
may be, when called upon as auxiliary response team during periods of natural
calamities, typhoons, man-made disasters, and the like.

‘The remuneration to be given shall be reasonable and commensurate to the
services rendered by the Small-scale Fishermen and Subsistence Fisherfolks as
uniformly determined and prescribed by the Department of Social Welfare and
Development (DSWD) in its Implementing Rules and Regulations of this Act,
which shall be funded from the city or municipal’s Social Fund, as the case may
be.

Section 6. Implementing Agency. - The Bureau of Fisheries and Aquatic
Resources (BFAR), in coordination with the Department of Social Welfare and
Development (DSWD), and other related agencies such as the Philippine Coast
Guard, the NDRRMC, Office of the Civil Defense, the Technical Education and
Skills Development Authority (TESDA), among others, shall serve as the
implementing agency in carrying out the provisions of this Act in the respective
covered coastal cities and municipalities of the Philippines.

Section 7. Funding. — Section 109 of RA 8850 (Fisheries Code of 1998)
provides for a Municipal Fisheries Grant Fund.- “For the development,
management and conservation of the municipal resources, there is hereby
created a Fishery Grant Fund to finance fishery projects of the LGUs primarily
for the upliftment of the municipal fisherfolk. The amount of One Hundred


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Million pesos (P100,000,000.00) is hereby appropriated out of the Department's
allocation in the General Appropriations Act (GAA) to support the Grant Fund.”

Section 8. Implementing Rules and Regulations. - Within ninety (90) days
after the effectivity of this Act, the Bureau of Fisheries and Aquatic Resources
(BFAR) in consultation and support of the Department of Social Welfare and
Development (DSWD), the Philippine Coast Guard (PCG), the NDRRMC,
Technical Education Skills Development Authority (TESDA), and other related
agencies, shall formulate the rules and regulations necessary for the effective
implementation of this Act.

Section 9. Separability Clause. - If any provision or part hereof is held invalid
or unconstitutional, the remainder of the law or the provision thereof shall
remain valid and effective.

Section 10. Effectivity. - This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in at least two (2) newspapers of general
circulation.

Approved