Blue Economy Act

Bile clone TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES AUG -4 P6:11 First Regular Session SENATE RECEIVED BY. S. No. _ Introduced by Senator Jinggoy Ejercito Estrada AN ACT ESTABLISHING A FRAMEWORK FOR BLUE ECONOMY, PROMOTING STEWARDSHIP AND SUSTAINABLE DEVELOPMENT OF COASTAL AND MARINE ECOSYSTEMS AND RESOURCES EXPLANATORY NOTE Our country is host to vast marine resources. The Philippines has a total territorial water area, inclusive of our Exclusive Economic Zone, of 2.2 million square kilometers. Latest available data from the Bureau of Fisheries and Aquatic Resources show that in 2020, total mariculture production amounted to some 150,507 metric tons'. The share of the Ocean Economy to our Gross Domestic Product in 2021 was at 3.6%, which amounted to PhP 707.80 billion?. Ocean-based industries also employed 1.99 million Filipinos in 2021, with a share of 4.5% to the total employment for the year. 3 Drawing much from our marine resources, we need to transition into more sustainable maritime activities that will use, but not abuse our maritime wealth. It is imperative that we develop a policy framework and develop a system for ocean- economy environment accounting to assess the blue economy to properly record our ocean resources and its contribution to national wealth. There is also a need to ensure 1 Bureau of Fisheries and Aquatic Resources - Philippine Fisheries Profile 2020 2 Philippine Statistics Authority - 2021 Philippine Ocean Economy Satellite Accounts

that the framework covers capacity development and protection for our coastal and marine environment ecosystems. Government policies should ensure that our marine resources will be developed and protected, helping address the pressing concern on food insecurity and employment for Filipinos. The "Blue Economy Act" seeks to establish a framework that will employ a whole-of-nation approach and environmentally-sound and sustainable practices for the development, management, protection, and preservation of our marine and coastal resources. The measure seeks to establish the Blue Economy Council which is responsible for the formulation of an integrated strategy to strengthen, grow, and sustain the Philippines' blue economy, integrated marine and coastal area management, and ecosystem-based management of coastal and marine resources. The said Council shall also formulate the Policy Development Framework on Blue Economy which is a development model that aims to help the country define a roadmap for a diversified and sustainable ocean economy. It shall also undertake a nationwide Marine Spatial Planning (MSP) to, among others, identify the spatial and temporal distribution of priority activities, uses and interactions thereof in maritime zones, to reduce conflict among uses. Moreover, the proposed measure mandates the Philippine Statistics Authority (PSA) to undertake environmental-economic accounting of the ocean, maritime ecosystems, and resources, based on the United Nations System of Environmental- Economic Accounting and in accordance with Republic Act No. 11995, otherwise known as the "Philippine Ecosystem and Natural Capital Accounting System (PENCAS) Act". Other activities such as the establishment of Blue Economic Zones, Blue Finance and the protection of endangered species are provided in the measure to ensure the achievement of sustainable and safe use and development of marine wealth within our coastal and maritime domain, as a pillar of our national economy and patrimony.

In view of the foregoing, immediate passage of this bill is earnestly sought. fingstate 1 JINGGOY EJERCITO ESTRADA

Sellate TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES First Regular Session AUG -4 P6:11 SENATE RECEIVED BY: S. No. _ Introduced by Senator Jinggoy Ejercito Estrada AN ACT ESTABLISHING A FRAMEWORK FOR BLUE ECONOMY, PROMOTING STEWARDSHIP AND SUSTAINABLE DEVELOPMENT OF COASTAL AND MARINE ECOSYSTEMS AND RESOURCES Be it enacted by the Senate and the House of Representatives of the Philippines in Congress assembled: CHAPTER I GENERAL PROVISION

Section 1. Short Tit/e. - This Act shall be known as the "Blue Economy Act".

Sec. 2. Declaration of Policy. - It shall be the policy of the State to:

a) Adopt blue economy as a framework for sustainable and safe use and development of marine wealth within our coastal and maritime domain, as a pillar of our national economy and patrimony; b) Exercise stewardship of our coasts and oceans, protect and conserve the health and resilience of marine and coastal ecosystems and habitats to promote the well-being, inclusive prosperity, and security of present and future generations, and expand areas under protection to meet the nation's international obligations especially in refugial habitats; c) Preserve our maritime heritage, recognize the economic, social, cultural, and historical value of our coasts and oceans, and foster public understanding and respect of the value of our coasts and oceans to build a strong foundation for social responsibility;

d) Enrich scientific understanding of ocean, marine and coastal ecosystems, the benefits we gain from these, their naturally changing extent and conditions and the causes thereof; and use the best available scientific knowledge to inform decisions affecting our coasts and oceans, and to enhance our capacity to respond and adapt to changing ocean environments; e) Exercise rights and jurisdiction, and enjoyment of freedom of the high seas, in accordance with applicable international laws; f) Strategically address the factors that adversely affect the oceans and the living and non-living resource that comprise our seas, turning threats into opportunities and preventing further harm to all water bodies including land- based pollution, biodiversity loss, reclamation, and climate change; g) Ensure a whole-of-nation approach and a comprehensive and integrated framework for the stewardship of our coasts and oceans to facilitate cohesive action of the National Government, local authorities, academe, civil society organizations, indigenous peoples, local communities, and the private sector, to secure our people's safe access to, enjoyment of, and opportunities to invest in sustaining their benefits from our blue economy; h) Uphold marine science as a foundation of maritime governance, ensuring that all rules, policies, and plans governing the use of coastal and marine resources will be based on sound scientific understanding of the marine environment; and i) Uphold the value of natural ecosystems and the irreplaceability, thereby explicitly excluding reclamation and other activities that remove, replace, or destroy coastal ecosystems as activities that advance a blue economy.

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

a) Aquaculture refers to fishery operations involving all forms of raising and culturing fish and other fishery species in fresh, brackish and marine water areas; b) Aquasilviculture refers to a multi-purpose production system that allows the production of fish in a mangrove reforestation project;

c) Blue economy refers to the practical ocean-based economic model using green infrastructure and technologies, innovative financing mechanisms, and proactive institutional arrangements for meeting the twin goals of protecting our oceans and coasts and enhancing its potential contribution to sustainable development, including improving human well-being, and reducing environmental risks and ecological scarcities; d) Coastal refers to the interface where the land meets the ocean, encompassing shoreline environments as well as adjacent coastal waters. Its components can include river deltas, coastal plaints, wetlands, beaches and dunes, reefs, mangrove forests, lagoons, and other coastal features e) Ecosystem services refer to the benefits supplied by the functions of ecosystems and received by humanity and all elements of living systems, which support life systems on the planet. Ecosystem services consist of provisioning, regulating, maintenance, and cultural services; f) Environmenta/ sustainability refers to the responsible use of coastal, marine, and freshwater resources that protects the marine ecosystem from harmful effects and degradation. Environmental sustainability includes stewardship by the government and local communities to (1) prevent, reduce, and control pollution of the coastal, freshwater, and marine environment; (2) mitigate the impacts of climate change; and (3) protect biodiversity; g) Fishing refers to the taking of fishery species by passive or active gear for trade, business, and profit beyond subsistence or sports fishing, to be further classified as: i) Small-scale commercial fishing - fishing with passive or active gear utilizing fishing vessels of 3.1 gross tons (gt) up to 20 gt; ii) Medium-scale commercial fishing - fishing utilizing active gears and vessels of 20.1 gt up to 150 gt; and iii) Large commercial fishing - fishing utilizing active 1 gears and vessels of more than 150 gt. h) Integrated marine and coastal area management refers to coordinated and sustainable management of coastal and marine resources, and a participatory process for planning and decision-making to prevent, control,

or mitigate adverse impacts of human activities to the marine and coastal environment, biodiversity, and climate, and to contribute to the restoration of degraded coastal areas, protection of habitats, and reduction of conflicts among various stakeholders in order to pursue sustainable and inclusive growth, support jobs and livelihood, and enhance food, energy and water security, climate resilience, and well-being; i) Investment promotion agencies refer to government entities created by law, executive order, decree, or other issuance, in charge of promoting investments, granting and administering tax and non-tax incentives, or overseeing the operations of the different economic zones and freeports in accordance with their respective special laws; j) Land-based pollution refers to municipal, industrial, and agricultural wastes and run-off, including, but not limited to, sewage and waste water, persistent organic pollutants (including pesticides), heavy metals, oils, nutrients, sediments, and plastic wastes, whether brought by rivers or discharged directly into coastal waters; k) Marine resources refer to the diverse range of living and non-living components found within marine ecosystems, including oceans, seas, and coastal areas; I) Marine spatial planning refers to the public process of analyzing and allocating the spatial and temporal distribution of human activities in marine areas to achieve ecological, economic, and social objectives. It is a practical way to create and establish a more rational organization of marine space and its uses to balance the demand for development with the need to protect marine ecosystems, and to achieve social and economic objectives in an open and planned way; m) Maritime zones refer to (1) the maritime zones of the Philippine archipelago sea, comprising of internal waters, archipelagic waters, territorial contiguous zone, Exclusive Economic Zone (EEZ), and continental shelf; and (2) the respective maritime zones, as appropriate, of all other territories over which the Philippines has sovereignty or jurisdiction, in accordance

with the 1987 Constitution and international law, particularly the 1982 United Nations Convention on the Law of the Sea (UNCLOS); n) Ocean accounting refers to a statistical framework that guides the compilation and integration of a series of standardized and regular measurements of stocks and flows of ocean economic, societal, and environmental components through specific accounting table groups and comprehensive indicators critical for informed and evidence-based decisions; o) Ocean-based activities refer to activities that are undertaken in the ocean, such as those relating to fisheries and aquaculture, exploration, drilling and production of offshore oil, gas, and ocean energy, mining, desalination, shipping and marine transportation, shipbuilding and repair, port operations, marine tourism including management of tourist resorts, communication, marine construction, maritime insurance and law enforcement, or maritime technical services; p) Ocean-related activities refer to activities that use products from the ocean such as seafood processing, marine biotechnology, chemicals and salt production, and produce products and services for the ocean and for ocean- based activities; q) Ocean literacy refers to an understanding of the ocean's influence on humans, and human influence on the ocean, as well as the linkage of ocean and climate and its effect on humans, water, and ecosystems; r) Reclamation refers to any project, permitted or otherwise, that dumps fill materials from another place into a coastal or marine area to form new land, thereby completely obliterating the marine habitat and changing the hydrology of the area, whether pursued for public or private purposes; and s) Subsistence fishing refers to fishing for personal consumption or traditional/ceremonial purposes.

Sec. 4. Scope of Application. - For purposes of this Act, the Philippines shall, in

accordance with international law, exercise sovereignty, sovereign rights, and jurisdiction, as appropriate, in internal waters, archipelagic waters, the territorial sea, contiguous zone, EEZ, and continental shelf, herein collectively referred to as "coastal

and marine zones", including its seabed and subsoil, and any and all maritime features within the maritime zones now known or to be known in the future. CHAPTER II BLUE ECONOMY COUNCIL

Sec. 5. Blue Economy Council. - The Blue Economy Council, herein referred to

as the Council, is hereby established to formulate an integrated strategy to strengthen, grow, and sustain the Philippines' blue economy, integrated marine and coastal area management, and ecosystem-based management of coastal and marine resources.

Sec. 6. Composition. - The Council shall be composed of the following:

a) The Executive Secretary as chairperson; b) The Secretary of Environment and Natural Resources as co-vice chairperson; c) The Secretary of Socio-Economic Planning as co-vice chairperson; d) The Secretary of National Defense as member; e) The Secretary of Foreign Affairs as member; f) The Secretary of Justice as member; g) The Secretary of the Interior and Local Government as member; h) The Secretary of Agriculture as member; i) The Secretary of Tourism as member; j) The Secretary of Transportation as member; k) The Secretary of Trade and Industry as member; 1) The Secretary of Energy as member; m) The Secretary of Science and Technology as member; n) The Secretary of Finance as member; and o) The Secretary of Public Works and Highways as member. The Department Secretaries may designate an Undersecretary, whose portfolio covers matters directly or principally relating to the development or management of coastal and marine resources and ecosystems, if applicable, to sit in a permanent capacity, and whose acts shall be considered the acts of his or her principal. Majority of the members shall constitute a quorum.

Sec. 7. Mandates, Powers, and Functions of the Blue Economy Council. - The

2 Council shall be responsible for formulating a clear, coherent, and comprehensive policy 6 framework and strategic action plan on blue economy. It shall: a) Develop the country's policy framework and strategic vision for the growth and sustainable development of the country's blue economy; b) Institutionalize an integrated marine and coastal management; c) Enhance the country's ecosystem-based management of coastal and marine resources; d) Align Integrated Coastal Management (ICM) plans, fisheries management plans, coastal resource management plans, climate action plans, and marine spatial plans to determine zones, and designate allowed, regulated, and restricted activities; e) Strengthen economic and environmental regulations within our coastal and marine areas to preserve the value and sustainability of ocean resources and protect them from threats; f) Identify climate-resilient and environmentally sound investments, infrastructure, and technologies; g) Ensure an enabling environment for the growth and development of sustainable investment and finance; h) Identify priority blue economy sectors; i) Institutionalize regular coastal and ocean monitoring and accounting; j) Coordinate the development of marine spatial plans; k) Coordinate with various sectors and agencies to promote policy and program coherence; I) Coordinate and cooperate with the Maritime Industry Authority (MARINA) to ensure that the framework shall be in harmony and not overlap with the maritime industry development plan; m) Coordinate with the Inter-Agency Coordinating Committee to Facilitate the Ratification and Accession to and Implementation of Maritime Conventions (ICCFRAIMC) and ensure that it will aid in the implementation thereof; n) Conduct, support, fund, engage, collaborate, and/or coordinate research and development in blue economy;

0) Develop, expand, and strengthen investments in capacity building and skills enhancement programs for the blue economy, and encourage such to be featured in the work plans of governments, the private sector, and civil society organizations; p) Review, update, and disseminate the policy framework and strategic action plan on blue economy; and q) Perform other functions as may be necessary for the implementation of this Act.

Sec. 8. Secretariat. - A Secretariat to the Council shall be established within the

National Economic and Development Authority (NEDA), to be headed by an Executive Director III (Salary Grade 28) who shall be appointed by the President of the Philippines. The Secretariat shall be under the control and supervision of the NEDA Director General. The Executive Director III shall have at least seven (7) years of experience and practice in the fields of marine science and research, blue economy and ecosystem-based management of coastal and marine resources, environmental economics, environmental accounts, and financial analysis. The initial staffing structure and complement of the Secretariat shall be submitted by the NEDA to the Department of Budget and Management (DBM) for funding. The NEDA shall constitute an interim Secretariat within one (1) month from the effectivity of this Act, through the temporary detail of personnel from its member agencies. The Secretariat shall have the following functions: a) Provide secretariat support to the Council, including the preparation of draft strategies, priorities, and other outputs to be adopted by the Council; b) Consult with experts who can offer insights on blue economy and ecosystem-based management of coastal and marine resources policymaking and priority setting; c) Coordinate with various agencies of the government, private sector, academe, scientific community, civil society organizations, indigenous peoples, local communities, and the public; d) Design and implement a blue economy development program and promote its use and adoption in the government bureaucracy;

e) Develop recommendations for consideration by the Council; and f) Perform other functions as may be directed by the Council.

Sec. 9. Support Agencies. - The following agencies shall provide material or

technical support to the Council, as may be necessary: a) Climate Change Commission (CCC); b) Bangko Sentral ng Pilipinas (BSP); c) Board of Investments (BOI); d) Securities and Exchange Commission (SEC); e) Philippine Statistics Authority (PSA); f) National Mapping and Resources Information Authority (NAMRIA); g) Environmental Management Bureau (EMB); h) Biodiversity Management Bureau (BMB); i) Bureau of Fisheries and Aquatic Resources (BFAR); j) National Fisheries Research and Development Institute (NFRDI); k) Philippine Fisheries Development Authority (PFDA); I) Philippine Council for Agriculture and Fisheries (PCAF); m) MARINA; n) Philippine Ports Authority (PPA); o) Philippine Council for Agriculture, Aquatic and Natural Resources Research and Development (PCAARRD); P) Philippine Atmospheric, Geophysical and Astronomical Services Administration (PAGASA); q) Department of Foreign Affairs (DFA); r) Philippine Coast Guard (PCG); s) Philippine National Police - Maritime Group (PNP-MG); t) Philippine Navy (PN); u) National Museum - Maritime and Underwater Cultural Heritage Division (NM- MUCHD); v) Commission on Higher Education (CHED); w) Relevant institutions and components of the University of the Philippines (UP); and x) Investment promotion agencies.

In order to ensure the efficient and effective discharge of its responsibilities, the Council may create working groups and call upon other departments, bureaus, offices, and instrumentalities of the Government, and academic and research institutions engaged in marine science and ocean-based or ocean-related activities, to participate therein, as it may deem necessary. CHAPTER III THE BLUE ECONOMY FRAMEWORK

Sec. 10. Policy Development Framework on Blue Economy. - The Council shall,

within six (6) months from the effectivity of this Act, formulate a policy framework on 10 blue economy, herein referred to as the Framework. The Framework is a development model that aims to help the country define a roadmap for a diversified and sustainable ocean economy in a manner that provides long-term economic and social benefits while building resilience to climate change and without compromising the safety of our marine ecosystems. The Framework shall be subject to mandatory review and modification every five (5) years.

Sec. 11. Components of the Policy Framework on Blue Economy. - The

17 Framework shall include the following components: a) Review of all existing policies, plans, programs, projects, rules, and regulations on ocean-based and ocean-related activities; b) Adherence to international maritime laws; c) Analysis of current and emerging trends and changes in demography, consumption, trade, energy, technology, environmental quality, and climate that show the interaction between the economy and the environment, present and future threats and pressures on coastal and marine environments, and damage estimation; d) Environmental-economic accounting of coastal and marine assets, living and non-living resources, and ecosystem services from coastal and marine environments, including assessment of losses due to degradation or major pollution events such as oil spills; e) The Integrated Marine and Coastal Area Management (IMCAM) framework to address human impact on marine and coastal biological diversity, and

promote the conservation and sustainable use of this biodiversity. The national IMCAM framework shall consider the following elements: 1) Capacity-building for stakeholders, at both national and local levels, to apply relevant policy instruments to address legal issues, institutionalize participatory processes, and develop strategies to promote multidisciplinary and multisectoral ecosystem-based management of coastal and marine environments; 2) Protection of coastal and marine environments from negative impacts, such as: i) Alteration and destruction of coastal and marine habitats, particularly areas important for reproduction, coral reef systems, sea grass areas, and the sea bed; ii) Marine and land-based pollution; ili) Improper coastal land use, and the mismanagement of watersheds; iv) Illegal, unreported, and unregulated fishing, by-catch especially of threatened species; and 3) Establishment of mechanisms and guidelines for research, monitoring, assessment, and valuation of coastal and marine ecosystems and resources, including indicators to measure natural and human-induced impacts; f) Priority strategic and sustainable ocean-based and ocean-related economic activities, which may include: 1) Fisheries, including commercial fishing, seafood processing, and commercial research and development, with preference to subsistence fisheries, as mandated under Section 7, Article XIII of the Constitution; 2) Aquaculture, mariculture, and aquasilviculture; 3) Marine and coastal tourism; 4) Shipping, logistics, and maritime transport; 5) Shipbuilding and ship repair; 6) Production of renewable energy from marine sources;

7) Installation of submarine cables and pipelines; 8) Bioremediation, marine biotechnology, and bioprospecting; 9) Desalination; and 10)Underwater cultural heritage and maritime archaeology; g) Guiding framework for IMCAM; h) Guiding framework for blue finance; i) Priority research and development agenda that maximizes opportunities created for pollution control, remediation, used water economics, and other industries that address threats; j) Promotion of ocean literacy and social responsibility towards the protection of coastal and marine environments; k) Enhancement of the capability of the relevant agencies to enforce laws, rules, and regulations to protect our marine wealth; 1) Goals, targets, and indicators for growth, resilience, and sustainability of priority strategic and sustainable coastal, ocean-based and ocean-related activities, including their contribution to gross domestic product, job creation, and livelihood; m) Scaling up the expansion and management of marine protected areas (MPAs) through the protection and conservation of coastal and marine ecosystems and resources; n) Mainstreaming of circular and resource efficiency approaches on the blue economy framework to address the longstanding problem on marine litter and microplastics; 0) Integration of Climate Change Adaptation and Mitigation (CCAM) strategies to help operationalize the country's Nationally Determined Contributions (NDC); and P) Strengthening of management capacities of national and local governments, including relevant sectors, to enhance the protection of coastal and marine ecosystems and such other components as may be determined by the Council. CHAPTER IV OCEAN ACCOUNTING

Sec. 12. Ocean Accounting. - The PSA shall undertake environmental economic

accounting of the ocean, maritime ecosystems, and resources, based on the United Nations System of Environmental-Economic Accounting and in accordance with Republic Act No. 11995, otherwise known as the "Philippine Ecosystem and Natural Capital Accounting System (PENCAS) Act". Members of the Council and heads of support agencies shall contribute data and submit reports on environmental-economic accounts relating to their mandates including damage estimation and sea level rise 8 projections. CHAPTER V DEVELOPMENT PLANNING

Sec. 13. Marine Spatial Planning. - The Council shall undertake a nationwide

12 Marine Spatial Planning (MSP) with the participation of key stakeholders to identify 13 the spatial and temporal distribution of priority activities, uses and interactions thereof in maritime zones, to reduce conflict among uses; facilitate complementary uses; mitigate environmental impacts; prevent marine dead zones; rehabilitate dead zones or non-attainment areas, if any; reduce wastage and ensure efficiency in marine supply chains; preserve ecosystem services with the national MSP providing the guiding principles and overarching delineations, and identifying the spatial and temporal distribution of allowed, restricted, and regulated human activities and priority uses and the interactions thereof in the coastal and marine zones; and encourage and support the development of regional and local MSPs, which can provide a level of granularity that can be linked to actionable investments, regulations and enforcement, coastal and marine resource management and conservation measures, and reduction of risks from climate change and natural disasters.

Sec. 14. Blue Economic Zones. - Investment promotion agencies shall

encourage the establishment of blue economic zones (BEZs) and the transformation of existing special economic zones into BEZs. Registered business enterprises engaged in ocean-based or ocean-related activities as listed under the Strategic Investment Priority Plan (SIPP) shall enjoy the privileges, benefits, advantages, or exemptions granted to economic zones and freeports in accordance with their respective special laws, Republic Act No. 11534 or the "Corporate Recovery and Tax Incentives for Enterprises Act (CREATE)", and other applicable laws, rules, and regulations.

In addition, registered business enterprises operating within BEZs may also 2 qualify for financing under Republic Act No. 11293 or the "Philippine Innovation Act", as applicable.

Sec. 15. Promotion of Sustainable Livelihoods and Employment. - The Council

shall, in consultation with the Department of Labor and Employment (DOLE), the Department of Agriculture-BFAR, and other concerned agencies and stakeholders, develop a policy to ensure the enhancement and sustainability of municipal fisheries as well as the promotion and generation of sustainable livelihood in the blue economy towards the creation of more employment and equal opportunities for all, and to strengthen investments in capacity building and skills enhancement programs, in accordance with Republic Act No. 10771 or the "Philippine Green Jobs Act of 2016". CHAPTER VI BLUE FINANCE

Sec. 16. Role of the Bangko Sentral ng Pilipinas. - In the exercise of its

regulatory powers over financial institutions, the BSP shall provide an enabling regulatory environment to promote the development of the country's blue economy, in line with its sustainable finance framework and considering international standards and best practices.

Sec. 17. Role of Securities and Exchange Commission. - The SEC shall

encourage the issuance of blue bonds, the proceeds of which will be exclusively applied to finance or refinance, in part or in full, eligible blue Programs, Activities, and Projects (PAPs) in accordance with SEC guidelines, and ASEAN Green Bonds Standards and Green Bonds Principles, as developed and may be revised from time to time by the SEC, the ASEAN Capital Markets Forum and the International Capital Market Association. All designated blue PAPs must provide clear benefits to ocean health and the blue economy and must contribute substantially to United Nations Sustainable Development Goals 6 and 14, which shall be assessed together with compliance with environmental laws and standards, and, where feasible, quantified by the corporation that will issue the blue bonds. The eligibility of these blue PAPs shall be subject to the guidelines to be issued by the SEC.

Sec. 18. Role of Government Financial Institutions. - The Land Bank of the

2 Philippines and the Development Bank of the Philippines shall provide credit to enterprises engaged in strategic and sustainable ocean-based or ocean-related activities. CHAPTER VII PROTECTION AND CONSERVATION OF COASTAL AND MARINE RESOURCES

Sec. 19. Protection of Endangered Species. - The Council shall monitor,

coordinate, and ensure the conservation, protection, and rehabilitation of rate, 10 threatened, and endangered aquatic species as it may determine, including their 11 habitats and migratory routes, in coordination with BFAR and in accordance with existing laws, rules, and regulations. It shall recommend to the President and Congress 13 the designation of coastal and marine areas as protected areas under Republic Act No. 11038 or the "Expanded National Integrated Protected Areas System Act of 2018", or sanctuaries of local conservation areas under Republic Act No. 8550 or "The Philippine Fisheries Code of 1998", as amended, and Republic Act No. 7160 or the "Local Government Code of 1991", as amended, and in compliance with the relevant provisions of international treaties and agreements, such as the UNCLOS, the Convention on Biological Diversity, the Convention on the Conservation of Migratory Species of Wild Animals, and the Convention on International Trade in Endangered Species of Wild Fauna and Flora.

Sec. 20. Policy Coordination. - The Council shall harmonize the rules and

regulations of all agencies responsible for the implementation and enforcement of laws to prevent and eliminate illegal, unreported, and unregulated fishing under Republic Act No. 8550, as amended, setting strategic and measurable targets and ensuring the best use of technology such as vehicle monitoring system. Further, the Council shall act as the coordinating and monitoring arm of the government in ensuring other government agencies' compliance with these laws. CHAPTER VIII ROLE OF LOCAL GOVERNMENTS

Sec. 21. Role of Local Government Units (LGUs). - Cities and municipalities

shall continue to exercise jurisdiction over municipal waters, pursuant to Republic Act

1 No. 7160, as amended, and Republic Act No. 8550, as amended. Consistent with this mandate, LGUs in coastal and marine areas shall act as the frontline agencies in the formulation, planning, and implementation of the IMCAM framework in their respective jurisdictions. The LGUs shall develop their local Marine Spatial Plan in accordance with the National Maritime Spatial Plan, and integrate them in their Comprehensive Land Use Plan, Comprehensive Development Plan, and Annual Investment Plan, ICM or 7 Coastal Resource Management Plan, Climate Change Action Plan, and Disaster Risk 8 Reduction and Management Plan, and opportunities such as the National Sewage and Septage Management Plan and the funds under the Republic Act No. 9275 or the 10 "Philippine Clean Water Act of 2004".

Sec. 22. Inter-LGU Cooperation. - Consistent with the provisions of Republic

12 Act No. 7160, as amended, LGUs may group themselves and consolidate or coordinate 13 their efforts, services, and resources for the accomplishment of the objectives of this 14 Act.

Sec. 23. Local Government Power to Undertake Reclamation. - Notwithstanding

the provisions of Presidential Decree No. 1899 and Republic Act No. 7160, as amended, there shall be a presumption against the power of the local governments to reclaim land from the foreshore, or oceans and coasts unless such reclamation is 19 planned for the purposes as defined under Presidential Decree No. 1899. Such presumption can only be overturned if: a) There is an overriding public need and the reclaimed land is not for private or exclusive development; b) The public need is cogent and convincing; c) There is no other means to meet the public need, other alternatives having been analyzed in the Environmental Impact Assessment (EIA) as required under Presidential Decree No. 1151; d) No private sale of lands is included unless it is to fund the project with an overriding public need and buyers are required to continuously and regularly pay to the municipality the ecosystem services from the marine ecosystem lost to the reclamation; and e) Adjacent LGUs express no objection to the project.

Sec. 24. Ecosystem Services. - The LGUs that satisfy the acceptability

requirements in the foregoing section shall pass the necessary ordinances and cause the necessary annotations to the titles of all lands privately acquired to ensure collection of the payments required under Section 23(d) of this Act. CHAPTER IX FINAL PROVISIONS

Sec. 25. Appropriations. - The initial implementation of this Act shall be charged

against the current year's appropriations of the departments or agencies concerned. Thereafter, the amount necessary for its continued implementation shall be included in the respective budgets of the concerned departments and agencies in the annual 11 General Appropriations Act.

Sec. 26. Implementing Rules and Regulations. - Within sixty (60) days from

the approval of this Act, the Council shall issue the rules and regulations for its effective implementation: Provided, That failure to issue rules and regulations shall not in any manner affect the executory nature of the provisions of this Act.

Sec. 27. Construction. - In the implementation of this Act, any conflict with

17 Republic Act No. 8550, as amended, shall be resolved in favor of the latter, to ensure the ecological and environmental safeguards therein and with a presumption in favor or subsistence fisherfolk.

Sec. 28. Separability Clause. - If any provision of this Act is declared

unconstitutional, the remainder thereof not otherwise affected shall remain in full force and effect.

Sec. 29. Repealing Clause. - All laws, presidential decrees, executive orders,

letters of instruction, proclamations, or administrative regulations that are inconsistent with the provisions of this Act are hereby repealed, amended, or modified accordingly: Provided, That any inconsistency with Republic Act No. 8550, as amended, shall be construed in favor of the said law unless there is a cogent ecological rationale for resolving the inconsistency in favor of this Act.

Sec. 30. Effectivity. - This Act shall take effect fifteen (15) days following its

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