Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
Second Regular Session

House sit no.__0202

Introduced by Hon. ANGELO B, PALMONES

AN ACT
REQUIRING AN ENVIRONMENTAL IMPACT ASSESSMENT IN THE ESTABLISHMENT AND
CONSTRUCTION OF FISH CAGES AND FISH PENS IN INLAND WATERS AND LAKES IN THE
PHILIPPINES AND FOR OTHER PURPOSES

EXPLANATORY NOTE

Fish kill has become a periodic occurrence in fish pens and fish cages in inland waters and
lakes in the Philippines. In 2001 fish kilt happened in Bolinao, Pangasinan and this was
repeated in 2607 and 2040 costing cage owners hundreds of million pesos. On February 25,
2010 about 10 tons of tilapia suffered the same fate in Magat Dam.

In May 2011 an extensive fish kitl occurred in 7 towns of Batangas with an estimated loss of
close to 1,900 tons of fish valued at P150 M. the fish kill has led to the loss of livelihood of
many lakeshore residents engaged in fishing as well as fish vendors. On top of these losses is
the health scare it triggered by the fear that some of the dead fish are sold in local markets.
There is also the problem of disposing tons of dead fish which if not well taken care of could
cause problems in public health and sanitation

There are several theories as to the cause of the fish kill. One is the exceedingly high
stocking density beyond the carrying capacity of the lakes and/or because of over-feeding.
According to Dr. Rey Donne S. Papa’, a limnologist professor at the Liniversity of Santo
Tomas the real reason behind the fish kill “cannot be easily determined due to many factors
that arise from the current political realities and lack of priority given to scientific knowledge
(and science in generat) in our country”.

Taal take and its watershed are part of the Taal Volcano Protected Landscape (TVPL). As a
protected landscape it is covered by a management plan which enunciated activities to
make the lake and the landscape sustainable in the light of the present aquaculture

RS. Papa 201. The Taal Fishlull Restizanons and recommendations Business, Scwace und
Technology ‘The Philippine Star, BM Jue 30. 2081


activities in the lake. Unfortunately, the management plan was not strictly implemented as
evidenced by the occurrence of the fish kill.

One strategy to make certain that management plans are implemented is to require the
focal governments units (LGUs} which has jurisdiction over the lakes and inland waters to
collectively obtain a programmatic Environmental Compliance Certificate (ECC) from the
Department of Environment and Natural Resources {DENR) through the Environmental
Management Bureau (EMB). This way the LGU executives will be collectively responsible for
any untoward environmental incidents that happen in their jurisdiction.

Furthermore, the project operators are required to deposit funds under the Environmental
Guarantee Fund to be used to rehabilitate the affected area or in this specific case dispose
of the dead fish. It may be remembered that there was the problem of disposing the dead
fish in the Taal Lake fish kill

in addition the operators of the projects are also required to make a deposit under the
Environmental Monitoring Fund (EMF) funds for the purpose monitoring the project. This
way il is guaranteed that the project will be monitored to determine if the management
plan and the mitigating activities are implemented and implemented property.

To reduce the occurrence of fish kills in fish cages and fish pens in inland waters in the
Philippines if not totally eliminate it, it is urgentiy requested that this Act requiring
operators of fish cages and fish pens to obtain an ECC prior to establishment of their
aquaculture projects.

ANGELO B. PALMONES
Reprpsentative, AGHAM Party List


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
Second Regular Session

HOUSE BILL NO. 5202

Introduced by Hon. ANGELO B. PALMONES:

AN ACT
REQUIRING AN ENVIRONMENTAL IMPACT ASSESSMENT IN THE ESTABLISHMENT AND
CONSTRUCTION OF FISH CAGES AND FISH PENS IN INLAND WATERS AND LAKES IN THE
PHILIPPINES AND FOR OTHER PURPOSES

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

SECTION 1. Title - This Act shail be known as the Environmental Assessment for Aquaculture
in Lakes and Inland Waters Act of 2011.

SECTION 2. Declaration of Policy and Objectives — it is the policy of the State to protect,
conserve and develop its natural resources for the benefit of its citizens particularly the poor
segment of society. Toward this end it shall support the implementation of projects
designed to preserve the environment and at the same time promote social and economic
goals of the country.

The State shall promote the sustainable use of inland waters and lakes that support
sustained economic activities of small fisherfolks and other dependent stakeholders. With
respect to the establishment and operation of fish cages and fish pens the State shall pursue
a policy that ensures sustainability of the environment through the conduct of
environmental impact assessment.

lt is the objective of this Act to ensure sustained aquaculture production, reduced
occurrence of environmental degradation leading to disastrous effects such as fish kills and
reduction in biodivers land waters and lakes and thus providing the environmert for
sustainable livelihood of fisherfolks.

SECTION 3. Requirement of Environmental Compliance Certificate for the Establishment of
Fish Cages and Fish Pens in inland Waters and Lokes — Prior to the establishment of fish
cages and fish pens in inland waters and lakes the local government units (LGUs) having
jurisdiction of the lake or inland waters shall collectively secure a programmatic
environmental compliance certificate (ECC) from the Department of Environment and
Naturat Resources (DENR) through the Environmental Management Bureau (EM3) as



embodied in DENR Administrative Order (AO) No. 2008-11 in compliance with the
requirements promulgated under DENR AO No, 2003-30.

SECTION 4, Responsibility for ony Adverse Enviconmental Incidents in Fish Pens ond Fish
Cages ~ The responsibility for any adverse environmental incidents such as fish kills
involving fish pens and fish cages for which permits were issued by the LGU concerned shalt
now rests upon the permit-issuing LGUs.

SECTION 5. Environmental Guarantee fund - The operators of fish pens and fish cages shall
deposit in a government bank an Environmental Guarantee Fund (EGF) which shall be of
sufficient amount to be determined by the DENR to cover clean-up or rehabilitation of areas
affected by the project resulting in deterioration of environmental quality. it shall be readily
accessible and disbursable and can be used to compensate parties or communities
adversely affected by the project. it shall also be used to fund community-based
environmental projects including information and education and emergency preparecness
programs.

SECTION 6. Environmental Monitoring Fund ~ A multpartite monitoring team shalt be
formed with representation from the academe, the private sector and local government
units, among other sectors, to monitor the compliance of the projects to the management
plan embodied in the Environmental impact Study (EIS). To provide funding support for the
monitoring team an environmental monitoring fund (EMF) shat? be established, the amount
of which shall be set by the DENR.

SECTION 7. Penaity for the Occurrence of Adverse Environmental incidents — Should any
adverse environmental incidents such as fish kill occur the LGU executives who issuec the
permits to operate shall be collectively liable for the incidents. The local executives shall be
penalized at their personal account in the amount equivalent to one half of the estimated
value of fish kill which shail accrue to the national government. The Bureau of Fisheries and
Aquatic Resources {BFAR)} atone shall be the authority to make the estimate of the vaiue of
the fish kill,

SECTION 8. implementing Rules and Regulations — The DENR shall promuigate the
implementing rules and regulations of this Act within a period of 90 days from its approval.
It shall become effective after thirty (30) days following their publication in the Official
Gazette or in two (2) major daily newspapers of general circulation.

SECTION 9. Separability clause - If any section or provision of this Act shall be dectared
invalid or unconstitutional, such shal! not invalidate any other section or provision of this
Act

SECTION 10. Repeating Clause — All jaws, decrees, executive orders, rules and regulations or
parts thereof which are in conflict with the provisions of this Act are hereby repeales or
modified accordingly.

SECTION 11. Effectivity — This Act shall take effect thirty (30) days following its full
Publication in the Official Gazette or two (2) major daily newspaper of general circulatior