HOUSE OF REPRESENTATIVES:

RECEIVED
Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

House Bill No. 48

Introduced by Rep. LAWRENCE LEMUEL H, FORTUN

EXPLANATORY NOTE

The Philippines is bound on the east by the Philippines Sea, on the south by the Celebes
Sea and on the west by the West Philippine Sea, The 7,100 plus islands of the Philippine
archipelago is part of the Malay Archipelago and it is estimated that only around 460 of the
islands have areas larger than a square mile. A great number of Filipinos live along the coastal
areas especially in the rural areas.

“The Philippines has a very rich marine life and eco system. We are blessed with extensive
coral reefs, seagrass beds and dense mangrove forests. Our coastal areas vary from sandy
beaches, dunes, lagoons, estuaries, reefs and mangroves. However, our marine resources are
under threat from siltation, coastal land development, discharge of toxic materials, pollutants,
excessive fishing and destructive harvesting activities. Unabated human consumption has
resulted in over harvesting of marine life, 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 to the 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 Arcas.' 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 those MPAs that
already exists. There is an urgent need to guarantee ecological stability while addressing food
security and economic sustainability of the marginalized fisherfolk. A concerted effort in the
to protect our municipal coasts is urgently needed. A version of this measure
had its success in the legislative mill of the last Congress short of passage into a law. It is prayed
that in the 17th Congress, this measure is finally passed and approved into a law.

"ayeeks, R., Russ, G., Alacala, A and White, A. (2008). Effectiveness of Marine Protected Areas in the Philippines for Biodiversity
‘Conservation. Retrieved from hrishwww coralirianplecenter orwwp-contenvuplotds!pd1720)0-013.n"



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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

House Bill No. 48

Introduced by Rep. LAWRENCE LEMUEL H. FORTUN

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 r sponsible
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.

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

(a) Buffer zone tefers 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


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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.

Marine protected areas (MPAs) 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


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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
MPA 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 DA, 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 MPAs 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 goverment leagues,
the NFARMC, fisherfolk and other concerned organizations, shall formulate the rules and
regulations to implement this Act.


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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,