Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City
NINETEHNTH CONGRESS
Second Regular Session
ribusEBILLNO.9011
Introduced by Representative Wilbert T. Lee
AN ACT
ESTABLISHING FISHING SHELTERS AND PORTS IN THE NINE (9) OCCUPIED
MARITIME FEATURES IN THE WEST PHILIPPINE SEA (WPS) AND THE
PHILIPPINE RISE
EXPLANATORY NOTE
Article XIII,  Section 7 of the Constitution provides that "[t]he State shall protect the
rights of subsistence fishermen, especially of local communities, to the preferential use of the
communal marine and fishing resources, both inland and offshore. It shall provide support to
such fishermen through appropriate technology and research, adequate financial, production,
and  marketing  assistance,  and  other  services.  The  State  shall  also  protect,  develop,  and
conserve such resources. The protection shall extend to offshore fishing grounds of subsistence
fishermen against foreign intrusion. Fish workers shall receive a just share from their labor in
the utilization of marine and fishing resources."
Fishermen are of utmost importance to the Philippine economy and society. They are
considered the backbone of the country as Filipinos greatly  depend on them for sustenance.
Unfortunately, they remain one of the most underprivileged sectors in the country. According
to the Philippine Statistics Authority (PSA), the poverty rate among fishermen rose to 30.6%
in 2021  from 26.2% in 2018.
In  the   West  Philippine   Sea,  Filipino  fishermen  have  been  displaced  by  Chinese
intrusions.I  The  presence  of Chinese  vessels  has  made  it  difficult  for Filipino  fishermen  to
access  their  traditional  fishing  grounds,  which  greatly  affected  their  livelihoods  and  our
country's food  security.2  Foreign intrusion in the Philippine maritime  domain endangers not
1 Be+ho, FLaiz,zA. 2;02\ .  Fighting for food,  security,  and the  depths  Of the  West  Philippine  Sea.  R`etrieved last 17
August    2023    from :    https://www.rappler.com/environment/fisherfolk-fighting-for-food-security-depths-west-
philippine-sea/.
2  lbid.
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only the security of the country but also the livelihood and lives of Filipino fishermen. Seven
years have passed  since  the unanimous  ruling of The  Hague  over the  West  Philippine  Sea,
fishermen are still on guard to avoid being harassed by the Chinese militia.3 Notwithstanding
this historic decision, the Chinese Coast Guard and militia continue to harass and intimidate
the Philippines. Filipino fishermen are still anxious about their safety despite the govemment's
increased presence in the area.
If this  issue  remains  unresolved,  our  fishermen  won't  be  able  to  fully  support  and
provide for their families. Thus, this Representation deems that for fishermen to be able to meet
their basic needs,  it is  essential to  make  sure they  have  an equal  opportunity  for  livelihood
through sustainable fishing. It is the government's responsibility to support them and protect
their rights  from  foreign  interference  in  order for them to  continue  their traditional  fishing
rights and ease their plight.
This   measure   aims   to   uphold   fishermen's   right   to   life   and   sustenance.   The
establishment of fishing shelters and ports in the nine occupied maritime features in the West
Philippin6 Sea and the Philippine Rise will pave way to the increase of their economic survival
and its contribution to the maritime industry. Through this legislation, fishermen will have (1)
safe spots to take refuge from foreign militia or unforeseen circumstances; (2) place to rest; (3)
store their gears and supplies; and (4) access to communication devices.
Under this measure, we are not pursuing a war. We are protecting and fighting for the
livelihood of our countrymen, particularly the fishermen. Our waters are vulnerable, but more
crucially, so are the lives of our fishermen who suffer the most.
In view of the foregoing, the approval of this bill is earnestly sought.
3  Cariaso,  Bella.  2023.  Pczg-asc7  F/.sAer/o/A  Bcwc}/./  Cfo/.#ese  f7c7rczssme#/.  Retrieved  last  17  August  2023  from:
https://www.onenews.ph/articles/pag-asa-fisherfolk-bewail-chinese-harassment.
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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City
NINETEENTH CONGRESS
Second Regular Session
HbusEBILLNo.Boll
Introduced by Representative Wilbert T. Lee
AN ACT
ESTABLISHING FISHING SHELTERS AND PORTS IN THE NINE (9) OCCUPIED
MARITIME FEATURES IN THE WEST PHILIPPINE SEA (WPS) AND THE
PHILIPPINE RISE
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 "Fishing Shelters and Ports
Act of 2023."
SEC.  2.  Declaration  of Policy.  -  It  shall  be  the  policy  of the  State  to  recognize  the
importance of the Filipino fisherfolk in the protection of the national maritime interests and
their contribution in the country's economy. The State recognizes the importance of the nine
occupied maritime features in the West Philippine Sea and the Philippine Rise to the country's
security and economy as these are rich in marine biodiversity and ecosystem necessary for food
security, economic activities, and national  security. The  State therefore declares its policy to
establish fishing  shelters and ports  in these  features to  support  sustainable  fishing practices,
improve the lives of fisher folks, and to safeguard our national and security interests in the West
Philippine Sea and Philippine Rise.
SEC. 3. Definition. -  For the purposes of this Act, the following terms shall mean:
a)    "F;.steer/o/4"  refers  to  any  person  engaged  in  fishing,  whether  as  a  primary
occupation or as a secondary occupation;
b)   "Fj.s'foz.ng s'fec//er" refers to a structure or facility that provides protection for fishing
vessels from danger and other hazards;
c)    "Occ#pz.ed mcz„.rz.me/ec7/wrcs" refer to the nine features in the West Philippine Sea
that are currently occupied by the Philippines:
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a.    Lawak Island (Nanshan Island)
b.    Kota Island (Loaita Island)
c.    Likas Island (West York Island)
d.    Pag-asa Island (Thitu Island)
e.    Parola Island (Lankiam cay)
f.    Panata Island (Northeast cay)
9.    Patag Island (Flat Island)
h.    Rizal Reef(Commodore Reef)
i.     Ayungin shoal (Second Thomas shoal)
d)   "Pfez./z.ppz.#c JZz.s'e" refers to an undersea feature which has an area approximately 24
million  hectares  in  size  located  within  the  Philippine  Exclusive  Economic  Zone
(EEZ) and continental shelf, as well as the outer limits of the continental shelf in
accordance  with  the  recommendations  of the  Commission  on  the  Limits  of the
Continental Shelf (CLCS) issued on 12 April 2012;
e)    "Por/" refers to a place where ships can load and unload cargo and passengers, and
where they can be repaired and maintained.
Section 4. Establishment of Fishing Shelters and Ports. - The Bureau of Fisheries and
Aquatic Resources (BFAR) in coordination with the Department of National Defense (DND),
and  other  appropriate  government  agencies  shall  establish  fishing  shelters  and  in  the  nine
occupied maritime features in the West Philippine Sea and the Philippine Rise within one year
after the passage of this Act.  The BFAR,  DND,  and other appropriate government agencies
shall  prioritize  the  establishment  of fishing  shelters  and ports  in  the  features  that  are  most
important to the country's fishery industry.
SEC.  5.  Appropriations.  - The amount necessary to  implement this Act shall  be  taken
from the applicable appropriation of both BFAR and DND.
SEC.  6.  Imp]ementing  Rules  and  Regulations.  -  Within  sixty  (60)  days  from  the
effectivity  of this  Act,  the  BFAR,  DND,  and  other  government  agencies  concerned  shall
coordinate to formulate the rules and regulations for the proper implementation of this Act.
SEC.   7.   Separability   Clause.   -  If  any   provision   of  this   Act   is   held   invalid   or
unconstitutional, the remaining provisions not affected shall remain in full force and effect.
SEC.  9.  Repealing  Clause.  - All  other  laws,  decrees,  executive  orders,  and  rules  and
regulatiol}s contrary to or inconsistent with the provisions of this Act are repealed or modified
accordingly.
SEC.10. Effectivity. -This Act shall take effect fifteen (15) days after its publication in
the Official Gazette or in a newspaper of general circulation.
Approved,