Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

House Bill No. 4051

Introduced by Rep. LAWRENCE LEMUEL H. FORTUN

EXPLANATORY NOTE

Coral reefs are considered to be the most structurally complex and taxonomically diverse
marine ecosystems on earth, supporting almost a third of the world’s marine fish species, albeit
occupying only less than 0.1% of the world’s marine environment. ' But despite its
environmental and economic importance, coral reefs all over the world are facing various threats
ranging from natural (e.g. storms) to anthropogenic (e.g. destructive fishing, global warming,
pollution).

The Philippines is located in the Coral Triangle, an area touted to have the highest
biodiversity of corals worldwide.? The total economic value (TEV) of the country’s coral reef
ecological services is estimated at US$4 Billion/year or US$140,000/km*/year, while regionally,
annual TEV ranges from US$100-800 Million? Unfortunately, habitat loss along the Philippine
coasts has remarkably increased in recent years. A nationwide assessment on Philippine coral
reefs conducted from 2015 to 2017 covering 166 stations across 31 provinces found that 90% of
the stations were in poor and fair categories based on live coral cover while none were in
excellent condition.*

In light of the ecological stresses that our coral reefs face, it is imperative for institutions
to help shore up coral reef resilience or the ability of reefs to absorb recurrent disturbances and
recover towards a coral-rich state. One of the indicators of a resilient coral reef includes a
healthy population of coral reef herbivores, such as parrotfishes, surgeonfishes, and rabbitfishes,
which help in reducing algae, removing dead corals, and cleaning areas for coral colonization.
Moreover, parrotfishes are very important agents in the production of white sand ~ which are
valuable to our beach destinations — as they feed on corals. In fact, a large adult parrotfish can
excrete over a ton of sand per year!

"Green, A. and Bellwood, D.R. (2009). Monitoring functional groups of herbivorous reef fishes as indicators of coral reef resilience ~ A
practical guide for coral ref managers in the Asia Pacific region. IUCN working group on Climate Change and Coral Reefs. IUCN, Gland,
Switzerland. 70 pages

J Honda, Kentar, Yohei Nakamura, Masthiro Nakaoka, Wilfedo H. Uy, and Miguel D. Fortes. “Habitat Use by Fishes in Coral Reefs, Seagrass
Beds and Mangrove Habitats in the Philippines." PLoS ONE 8, no. 8 (August 20, 2013). Accessed July 10, 2019.
4oi:10,1371/journal pone. 0065735.

Charmaine A. Tamayo, Natasha & Anticamara, Jonathan & Acosta-Michlik, Lilibeth (2018). National Esti
Ecosystem Services, Ecological Economics. 146, 633-644, 10.1016) ecolecon 2017.12.00.

‘ Liceanan, Ardea M.. Michelle Z. Reyes, Katrina S. Luzon, Marie Angelica A. Chan, and Wilfredo Y. Licuanan. “Initial Findings of the
Nationwide Assessment of Philippine Coral Reefs." Philippine Journal of Science 146, no. 2 (June 2017): 177-85. Accessed July 10, 2019.
hntps/iphiljournalsei dost gov plvimages/pd0pjs_pdOvoll46no2/nital_findings_of_the_nationwide_assessment_of_philippine_coral_reefs pdf

‘of Values of Philippine Reef



Because of global declines in coral cover, reefs today have much more algae present, and
thus, resource managers may need to increase coral reef herbivore populations.’ In fact, Mexico
and Belize have already come out with laws protecting parrotfishes, while The Nature
Conservancy under the United States Agency for International Development has launched the
campaign #PassOnParrotfish to discourage people from catching, selling or consuming the said
fish. But while the protection of the parrotfish is gaining popularity, it is important to ensure that
members of each reef herbivore groups are represented to benefit from the full suite of ecological
services.

Following the global trend of protecting valuable fish species that boost coral reef
resilience, the Philippines must also institute measures to keep healthy populations of such
species on our reefs. Parrotfish — targeted mostly by subsistence fishers using traps, spear, and
gill nets — are estimated to account for S~10% of reef fish yields in the country®, while in 2017
comprised 1.4% of the total marine municipal catch valued at 1.03 Billion Pesos.’ Existing laws
only protect rare, threatened, or endangered species, thus, making it imperative to legislate a new
law that also covers the protection of coral reef herbivores.

This bill seeks to institute measures to regulate the catch and trade of coral reef
herbivorous fishes. This intends to conserve their population before they become threatened or
endangered and maximize their services in maintaining the health of our coral reefs in order to
sustain our vital fisheries and tourism industries.

In view of the foregoing, the passage of this bill is most earngstly sought.

Edwards, CB, Friedlander, A.M., Green, A.G., Hardt, MJ. Sala E, Sweatman, H.P., Williams, LD., Zgliceynski, B., Sandin, S.A., Smith, JE
Global assessment of the status of coral reef herbivorous fishes: evidence for fishing effects. Proc Biol Sci, 2014 Jan 7:281(1774):20131835. doi
10.1098/spb.2013.1835.

¢R Russ, Garry & A. Questel, Sarah-Lee & Rizzari, Justin & Alcala, Angel (2015). The parrotfish-coral relationship: refuting the ubiquity of @
prevailing paradigm. Marine Biology. 162. 2029-2045. 10.1007/s00227-015-2728-3,

P philippine. Staistics Authority. Fisheries Statistics of the Philippines 2015-2017. Report. Vol. 26, 2018. Accessed July 13, 2019.
hntps://psa gov phisites/defaulufiles/FSP 2015-2017 pdf.


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS,
First Regular Session

House Bill No, 4051

Introduced by Rep. LAWRENCE LEMUEL H. FORTUN

AN ACT
REGULATING THE CATCHING, SALE, PURCHASE, POSSESSION,
TRANSPORTATION, IMPORTATION, AND EXPORTATION OF CORAL REEF
HERBIVOROUS FISHES IN THE PHILIPPINES

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

SECTION 1. Short Title. — This Act shall be known as the “Coral Reef Herbivorous Fish
Conservation Act of the Philippines.”

SECTION 2. Declaration of Policy. — It is hereby declared the policies of the State to:

‘a. Protect environmental rights of the people, promote conservation and ensure
sustainable and equitable utilization of its coastal areas, coral reef ecology, habitats
and species, including coral reef herbivorous fish, in conformity with the
Constitution, the Philippine Fisheries Code of 1998, as amended by Republic Act
10654, and the National Wildlife Conservation and Protection Act;

b. Ensure, for the benefit and employment of the Filipino people, in the judicious and
wise utilization, protection, conservation and management on a sustainable basis of
its coastal and fishery resources including the boosting of coral reef resilience with
the necessity of maintaining sound ecological balance and protecting and enhancing
the quality of the environment;

c. Protect the rights of the small and marginal fishers in the preferential use of the
communal coastal and fishery resources;

d. Allow people’s full and active participation in the conservation and management of
the coastal and fishery resources and promote awareness of sustainable fisheries
through appropriate education and training;

e. Promote and adhere to the precautionary principle of conservation, management and
exploitation of living and coastal and fishery resources in order to assure the
sustainable development of the coastal environment. The absence of adequate
scientific and technical information should not be used as reason for postponing or
failing to take conservation and management measures; and

f. Promote ecosystem-based fisheries management.


SECTION 3. Scope of Application. — The provisions of this Act shall be enforceable for all
Philippine waters including other waters over which the Philippines has sovereignty and
jurisdiction, and the country’s 200 nautical mile Exclusive Economic Zone (EEZ) and
continental shelf, including protected areas under Republic Act No. 7586, otherwise known as
the National Integrated Areas System (NIPAS) Act; critical habitats; and all Philippine flagged
fishing vessels operating in areas governed by the Regional Fisheries Management Organization,
in high seas, or in waters of other coastal states.

SECTION 4. Jurisdiction of Department of Agriculture. - The Department of Agriculture
(DA) shall have jurisdiction over coral reef herbivorous fishes including, but not limited to, reef
grazers such as surgeonfishes, parrotfishes, rabbitfishes and rudderfishes, and other similar
species as determined by the DA.

The Bureau of Fisheries and Aquatic Resources of the Department of Agriculture (DA-
BFAR) shall be the lead agency in the implementation of this Act. The Department of Trade of
Industry (DTI), Department of Environment and Natural Resources (DENR), the Philippine
Coast Guard, the Philippine National Police (PNP), other law enforcement agencies, and the
Local Government Units (LGU) shall likewise assist in the implementation of this Act

SECTION 5. Determination of Threatened Species: Vulnerable, Endangered, or Critically
Endangered Species. - The DA-BFAR, within three (3) years after the effectivity of this Act
and every three (3) years thereafter, shall determine whether coral reef herbivorous fishes are
threatened (vulnerable, endangered, or critically endangered) based on available scientific data
and with due regard to internationally accepted criteria, such as the International Union for
Conservation of Nature (IUCN). Criteria shall include but are not limited to the following:

a. Present or threatened destruction, modification, or curtailment of the coral reef’, its
habitat or range;

b. Over-utilization for commercial, recreational, scientific, or educational purposes;

c. Inadequacy of existing regulatory mechanism; and

d. Other natural or man-made factor affecting the existence of coral reef herbivorous
fishes.

The DA-BFAR shall review, revise and publish the list of categorized threatened coral
reef herbivorous fishes within three (3) years after the effectivity of this Act: Provided, that a
species listed as threatened shall not be removed there from within three (3) years following its
initial listing.

Upon filing of a petition based on substantial scientific information of any person seeking
for the addition or deletion of a species from the list, the DA-BFAR shall evaluate in accordance
with the relevant factors stated in the first paragraph of this section, the status of the species
concerned, and act on said petition within a reasonable period.

The DA-BFAR shall also prepare and publish a list of coral reef herbivorous fishes which
shall be categorized as threatened.

SECTION 6. Limits, Seasons and Support.

a. Size and Catch Ceiling Limitations. - The DA-BFAR may prescribe limitations or
quota on the total quantity or size limits on the specie of coral reef herbivorous fishes captured,
for a specified time and area based on the best available evidence, harvest strategies and target
limits. Catch ceilings may be established with the concurrence of the LGU and consultation with


the Fisheries Aquatic and Resource Management Council (FARMC) for conservation or
ecological purposes,

b. Establishment of Closed Season. - The Secretary of the DA may declare, through
public notice in at least two (2) newspapers of general circulation or in a public seFvice
vnouncements, whichever is applicable, at least five (5) days before the declaration, a closed
season in any or all Philippine waters outside the boundary of municipal waters and in bays, for
conservation and ecological purposes: Provided, however, that this shall be done only upon the
Coneurrenee and approval or recommendation of such special agency and the concerned LGU
snd FARMC: Provided, further, That in such municipal waters, fishery management areas and
ther areas may be established by the concerned LGU in consultation with the FARMC for
Conservation or ecological purposes. The FARMCs may also recommend the establishment of
closed seasons in municipal waters, fisheries management and other areas reserved for the use of
municipal fisherfolk.

¢. Support to Fisherfolk. ~ The DA and the LGUs shall provide support to commercial
and municipal fisherfolk through appropriate technology and research, eredit, production, and
marketing assistance and other services such as, but not limited to, training for additional or
supplementary livelihood.

SECTION 7. Penal Provisions. - The penalty of one (1) year and one (1) day to two (2) years
of imprisonment and/or a fine of Twenty Thousand Pesos | (P20,000.00) 10
Two hundred thousand pesos (P200,000.00) per animal shall be imposed for violations of
Sections 5 and 6 of this Act.

SECTION 8. Implementing Rules and Regulations. — Within twelve (12) months from the
effectivity of this Act, the Secretary of the Department of Agriculture, in coordination with the
Department of Trade and Industry (DTD, the Department of Tourism (DOT) and Department
Interior and Local Government (DILG) shall promulgate the rules and regulations for the
effective implementation of this Act.

SECTION 9. Separability Clause. ~ All other laws, decrees, orders, issuances and rules and
regulations or parts thereof inconsistent with this Act, are hereby repealed or modified
accordingly.

SECTION 10. Repealing Clause.-If any provision of this Act is held invalid or
‘unconstitutional, the other provisions not affected hereby shall remain valid and subsisting.

SECTION 11. Effectivity Clause. - This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in at least two (2) national newspapers of general
circulation.

Approved.