Mangrove Forest Preservation Act

Senate Offier of the gretdarp TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES First Regular Session 26 JAN 28 A11:35 SENATE 1722 RECEIVED BY S. No. — Introduced by Senator Camille A. Villar AN ACT ESTABLISHING AND PRESERVING MANGROVE RESERVATION AREAS, AND APPROPRIATING FUNDS THEREFOR EXPLANATORY NOTE Article II, Section 16 of the 1987 Constitution provides that "The State shall protect and advance the right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature. In line with this constitutional duty, the protection and preservation of mangrove forests are imperative. Mangroves are salt-tolerant trees and shrubs that grow in coastal saline or brackish waters and play a vital role in protecting our natural ecology. They act as powerful buffers against strong waves, storm surges, and erosion, while also serving as critical habitats for diverse marine and estuarine species. Studies have shown that mangroves in the Philippines reduce flooding for more than 613,500 people every year and prevent approximately US $1 billion in damages to property, while restoring them to their 1950 coverage could protect an additional 267,000 people and avert another US $453 million in potential damages. I The Philippines is fortunate to host one of the widest mangrove covers in the world, with an estimated 311,400 hectares as of 2020,2 representing over 50% of the world's mangrove species diversity.3 Mangroves serve as nursery grounds for 1 Losada, I.J., et al. "The global value of mangroves for risk reduction." Science of the Total Environment, 2 2 https://bdj.pensoft.net/article/100050/ 3 Primavera, J. & Esteban, J. "A review of mangrove rehabilitation in the Philippines: successes, failures and future prospects." Wetlands Ecology and Management, 2008 https://repository.seafdec.org.ph/handle/10862/93

fish, shrimp, crabs, mollusks, and other marine life, including threatened and endangered species, thereby supporting food security and the livelihoods of millions of coastal families. The country also takes pride in conservation efforts such as the Guinness World Record achieved in Camarines Sur in 2012, when more than one million mangrove propagules were planted within an hour through the El Verde Movement. Despite these efforts, however, mangrove forests remain under threat from conversion into fishponds, reclamation projects, pollution, and illegal cutting. In recognition of their ecological, economic, and social importance, this bill seeks to establish mangrove reservation areas in all coastal local government units and create a National Council for the Preservation of Mangrove Forests. By instituting strict protection measures, promoting reforestation, and ensuring sustainable management, the country can secure the invaluable benefits that mangroves provide ranging from coastal defense and climate resilience to biodiversity conservation and livelihood support. The passage of this measure is therefore earnestly sought. Camelseins CAMILLE A. VILLAR

Senati TWENTIETH CONGRESS OF THE Office of the erectiary REPUBLIC OF THE PHILIPPINES First Regular Session JAN 28 A11 :35 SENATE RECEIVED BY: 1722 S. No. - Introduced by Senator Camille A. Villar AN ACT ESTABLISHING AND PRESERVING MANGROVE RESERVATION AREAS, AND APPROPRIATING FUNDS THEREFOR 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 "Mangrove Forest

Preservation Act".

Sec. 2. Declaration of Policy. - The State shall protect and advance the right

of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature. Towards this end, the State shall establish measures that 6 safeguard the country's mangrove resources from destruction, exploitation, and 7 unregulated removal and bring an end to activities which cause the destruction of these resources. Further, in recognition of the important ecological role of our mangrove resources as habitat for various marine and estuarine animals, for water quality maintenance and as food-web support, the State shall endeavor to maintain the natural diversity of animals and plants found in mangrove areas. Thus, the State undertakes to ensure the preservation, reforestation and sustainable development of the mangrove resources through the establishment of reservation areas exclusively for mangrove forests.

Sec. 3. Definition of Terms. -

a) "Coastal areas" refers to the band of dry land and adjacent ocean space in which terrestrial processes and uses directly affect oceanic processes and uses, and vice versa, its geographical extent may include areas within a landmark limit of one kilometer from the shoreline and high tide to include mangrove swamps, brackish water ponds, nipa swamps, estuarine rives, sandy beaches, and other areas within a seaward limit of two hundred (200) meters isobath to include coral reeds, algal flats, seagrass beds, and other soft-bottom areas; b) "Mangrove forest" refers yoa type of forest occurring on a tidal flat along the sea coast, extending alone streams where the water is brackish; C) "Reservation areas" refers to portions of coastal areas which have been set aside exclusively for reforestation, conservation, and preservation purposes; and d) "Reforestation" refers to the planting of mangrove trees along the denuded coastal areas.

Sec. 4. Establishment of Mangrove Reservation Areas. - There shall be

established and set aside in all local government units with coastal areas within the Philippines portions of land solely for the preservation, protection, reforestation, and sustainable management of mangrove forests to be known as Mangrove Reservation Areas. All existing mangrove forest reserves declared as such under Presidential Proclamation 2152 and all other areas that may hereinafter be declared as such pursuant to a law or executive order shall automatically form part of said reservation areas.

Sec. 5. Establishment and Compensation of the National Council for the

Preservation of Mangrove Forests. - There is hereby established a National Council for the Preservation of Mangrove Forests, hereinafter referred to as the National Council, which shall be attached agency of the Department of Environment and Natural Resources (DENR). The National Council shall be composed of nine (9) members consisting of: a) The Secretary of the DENR who shall act as Chairman; b) The Secretary of the Department of Agriculture (DA) who shall act as vice- chairman;

c) The Secretary of the Department of Science and Technology (DOST); d) The Director of the Bureau of Fisheries and Aquatic Resources (BFAR); e) The Director of the Forest Management Bureau (FMB) of the DENR; f) The Director of the Ecosystem and Research Development Bureau (ERDB); g) The Administrator of the National Mapping and Resources Information Authority (NAMRIA); h) A representative from the academe to be appointed by the President; and i) A representative from a non-government organization (NGO) conducting programs on sustainable mangrove forest management to be appointed by the President.

Sec. 6. Powers and Functions of the National Council. - The National

Council shall have the following powers and functions: a) Review existing, relevant policies and conduct studies on mangrove forest and its preservation; b) Prepare a comprehensive program for the preservation, reforestation, and sustainable development of mangrove forests; c) Establish the guidelines in identifying the coastal areas which shall form part of the mangrove reservation areas; d) Identify and delineate the boundaries of the coastal areas which shall form part of the mangrove reservation areas; e) Exercise control and supervision over all the local councils; and f) Promulgate the necessary rules and regulations to carry out the provisions of this Act.

Sec. 7. The Local Councils for the Preservation of Mangrove Forests. - A

local council for the preservation of mangrove forests, hereinafter referred to as the Local Council, shall be established in each of the local government units where a mangrove reservation area has been identified. Each Local Council shall be chaired by the Regional Executive Director of the DENR whose jurisdiction the reservation area is located, with the following members: a) A member of the municipal council of the municipality concerned;

b) A member of the barangay council from each barangay under whose territory the reservation area is located; and c) A representative from an accredited non-governmental organization (NGO) involved in environmental advocacy.

Sec. 8. Powers and Functions of the Local Council. - The local council shall

7 exercise the following powers and functions: a) Implement and enforce all the programs and policies laid down by the National Council; b) Carry out the general administration and day-to-day planning of the program; c) Secure the mangrove reservation area from illegal and destructive activities which would endanger the successful implementation and viability of the program; d) Engage the services of forest guards who shall be tasked to guard and police the areas and arrest those caught in violation of the provisions of this Act; e) Provide the forest guards the necessary skills, knowledge training, and support; f) Conduct periodic consultations with the appropriate local government unit, non-governmental and people's organizations and other concerned sectors of the community on issues, concerns, and projects affecting the mangrove reserves in the locality; and g) Such other powers and functions as may be designated by the National Council.

Sec. 9. Mandatory Prior Consultation. - No project or program that may cause

pollution, deduction or loss of mangrove forests or extinction of marine and estuarine plant and animal species shall be implemented by the National or Local Council without prior consultations with the local government unit concerned, non- governmental or people's organizations, and other sectors concerned. The consultations shall explain the objectives of the project or program, its impact on the people and the community in terms of ecological balance, and the measures that will

1 be undertaken to prevent the adverse effects thereof, provided, that the prior 2 approval of the Sanggunian concerned shall be obtained in accordance with the provisions of Republic Act 7610.

Sec. 10. Prohibited Acts. - The following acts are prohibited within the

mangrove reservation areas: a) Cutting, uprooting, destroying or gathering any mangrove tree or any mangrove forest products; b) Dumping of waste; c) Construction or reclamation activity without the necessary license, permit, or authority; d) Illegal fishing activities that will result in the damage and destruction of the mangrove forest; e) Conversion of mangrove reservation areas into fishponds or any other purpose; and f) Other acts or activities that will result in the damage and/or destruction of the mangrove forest, as determined by the Local Council concerned.

Sec. 11. Penalties. - Any person, natural or juridical, found guilty of violating

any of the provisions of this Act or the rules and regulations issued by the National Council, shall, after due notice and public hearing by the regular courts of competent jurisdiction, be fined in the amount of not less than One Hundred Thousand Pesos (PhP100,000.00) but not more than One Million Pesos (PhP1,000,000.00) or imprisonment of not less than one (1) year but not more than six (6) years, or both, at the discretion of the Court. The offender shall also be required to restore or compensate for the restoration of the damage. If the offender is an association or corporation, the president, manager, officer or employee who has direct knowledge over the offense shall be held liable under this Act.

Sec. 12. Appropriations. - The amount needed for the initial implementation

of this Act shall be charged against the current appropriations of the Department of Environment and Natural Resources. Thereafter, such amount necessary for the continued and effective implementation of the provisions of this Act shall be included in the General Appropriations Act the year following its enactment.

Sec. 13. Separability Clause. - If, for any reason, any section or provision of

2 this Act shall be held unconstitutional or invalid, the other section or provision not otherwise affected shall remain in full force and effect.

Sec. 14. Repealing Clause. - All laws, presidential decrees, executive orders,

proclamations, rules and regulations which are inconsistent with the provisions of 6 this Act are hereby repealed or modified accordingly.

Sec. 15. Effectivity Clause. - This Act shall take effect fifteen (15) days from

its publication in the Official Gazette or in at least two (2) newspapers of general circulation. Approved,