National Mariculture Program Act

©fid cit TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES ) AUG -5 P4:09 First Regular Session SENATE RICA. DE S. No. 948 Introduced by Senator Jinggoy Ejercito Estrada AN ACT ESTABLISHING THE NATIONAL MARICULTURE PROGRAM AND PROVIDING FUNDS THEREFOR EXPLANATORY NOTE The Philippine archipelago of 7,641 islands is endowed with vast marine resources. In fact, the country has 2.2 million square kilometers of total territorial water area and 17,460 kilometers of shoreline. Hence, it is no surprise that fishing figures heavily in the Filipino way of life. According to the Bureau of Fisheries and Aquatic Resources of the Department of Agriculture, "The country's fisheries sector experienced a substantial growth in 2022, with a production of 4.34 million MT valued at P326.57 billion, marking a 2.12% and 7.98% increase in volume and value, respectively. Aquaculture experienced a 4.58% growth rate and remained to be the top contributor to the country's total volume of production, accounting for 54.15% share. Municipal fisheries contributed 25.96%, while commercial fisheries constituted up 19.89% share, both experiencing slight declines in terms of production volume."1 1 2022-Philippine-Fisheries-Profile.pdf

The World Bank confirmed the importance of the fisheries sector of the country when in 2023 it estimated that, "the fisheries sector currently contributes 1.3 percent to the Philippines' GDP and provides approximately 1.6 million jobs (or around 4 percent of labor force), including for low-income families engaged in subsistence fishing. It also provides over 50 percent of Filipino families' sources of protein. This bill seeks to further strengthen the sector through the establishment of a National Mariculture Program. Mariculture refers to an integrated branch of aquaculture designed to produce fish through sea cages, long lines and other culture structures in marine and coastal areas. This method is usually used to grow high value species, such as bangus, siganid, seaweeds, oysters, mussels, red snappers, groupers, among others. While a mariculture program is already being implemented by the Bureau of Fisheries and Aquatic Resources (BFAR) since it was introduced in the early 2000, its potential to substantially contribute to food production and food security can be optimized to benefit both the fisherfolk and the consuming public. Considering the trend in total fisheries production for the past ten years (2010-2020), aquaculture registered the biggest contribution among the three subsectors (including municipal and commercial) both in volume and value.3 Apart from boosting food production, a national program promoting and developing mariculture could also mean more stable and higher income for our fisherfolk considering the expected increase in productivity and yield, and the higher value of species being cultivated. This will be instrumental in improving the living conditions of the Filipino fisherfolk whose average monthly income in 2021, as indicated in the 2022 Philippine Fisheries Profile published by BFAR, is P15,617.50.4 2 New Fisheries Initiative Will Benefit Over a Million People in the Philippines 3 Philippine Fisheries Profile 2020. https://www.bfar.da.gov.ph/wp-content/uploads/2022/02/2020-Fisheries- Profile-Final.pdf 4 2022-Philippine-Fisheries-Profile.pdf

The passage of this legislation is earnestly sought. JINGGOY EJERCITO ESTRADA

annies TWENTIETH CONGRESS OF THE ) REPUBLIC OF THE PHILIPPINES First Regular Session ) AUG -5 P4:09 SENATE RECEITED BY S. No. _ Introduced by Senator Jinggoy Ejercito Estrada AN ACT ESTABLISHING THE NATIONAL MARICULTURE PROGRAM AND PROVIDING 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 National Mariculture

Program Act".

Sec. 2. Declaration of Policy. - The State shall ensure food security for

everyone by utilizing and developing the country's natural wealth, and by protecting the country's aquatic resources as a valuable food resource. Towards this end, the State shall ensure the utmost protection of the country's marine environment and optimize its potential as a major contributor to food security. Likewise, the State shall uphold the rights and interests of Filipino fisherfolk 9 through the preferential use of marine and fishing resources in the country. Pursuant 10 to this, there shall be comprehensive program on marine fisheries and aquaculture technology, to include research, financial and marketing assistance, and other services for the benefit of fisherfolk and local communities.

Sec. 3. National Mariculture Program. - The National Government, through

the Bureau of Fisheries and Aquatic Resources of the Department of Agriculture (BFAR-DA), shall undertake a National Mariculture Program, guided by the following objectives: a) To promote mariculture as a major source of livelihood for fishermen;

b) To identify and establish mariculture parks in suitable areas in consultation with the local government units (LGUs) concerned; c) To ensure food security and enhance socioeconomic growth through a sustainable mariculture industry; d) To adopt the ecosystem-based approach to fisheries management which shall ensure that the marine environment remains conducive to sustainable fisheries, species management and mariculture investment; e) To develop procedures in order to minimize the adverse effects of mariculture in view of the multiple uses of marine and coastal areas; f) To develop the technical skills of fishermen throughout the production, harvesting, processing, storage, and transport stages in the value chain; g) To provide appropriate infrastructure and equipment for postharvest technology; h) To provide stakeholders easy access to financial institutions; and i) To enable stakeholders to implement activities that will enhance climate change resiliency and increase capabilities for disaster risk reduction and management.

Sec. 4. Definition of Terms. - As used in this Act:

a) Ecosystem-Based Approach to Fisheries Management - refers to an approach to fisheries that strives to balance diverse societal objectives or needs by taking into account the knowledge and uncertainties about biotic, abiotic, and human components of ecosystems and their interaction, and applying and integrated approach to fisheries management within ecologically meaningful boundaries. It may be synonymously used with "ecosystem approach to fisheries management" (EAFM); b) Mariculture - refers to an integrated branch of aquaculture designed to produce fish through sea cages, long lines and other culture structures in marine and coastal areas to grow high value species, such as bangus, siganid, seaweeds, oysters, mussels, red snappers, groupers, and other related species;

c) Mariculture park or zone - refers to duly designated fishery areas where mariculture is undertaken; and d) Mooring space - refers to a unit of space within a mariculture park or zone to which vessels, sea cages, lines of other culture structures can be moored or secured in place;

Sec. 5. Mariculture Development Parks or Zones. - Subject to the limitations

set forth under Sections 20 and 22 of Republic Act No. 8550, otherwise known as "The Philippine Fisheries Code of 1998"; Section 149 of Republic Act No. 7160, otherwise known as the "Local Government Code of 1991"; and relevant provisions of Republic Act No. 7586, otherwise known as the "National Integrated Protected Areas System Act of 1992", the LGU shall supervise the establishment of mariculture parks and zones in duly designated areas located within the municipal waters. In case of waters located outside of municipal waters, the DA shall designate and supervise the respective mariculture areas. The technical, social, environment, and economic viability and sustainability of the project shall be taken into consideration in selecting an area for a mariculture park or zone: Provided, That no mariculture park or zone shall be established in marine protected areas identified by the Department of Environment and Natural Resources (DENR) and the BFAR. In the establishment of a mariculture park or zone, the province, city or municipality shall enter into a lease agreement with registered fisherfolk cooperatives or private investors. The terms and conditions, as well as profit sharing terms, shall be specified therein. The lease agreement shall be valid for a period of ten (10) years, renewable for another ten (10) years. In determining the rental ceiling in the mariculture park or zone, the BFAR, in consultation with the Sanggunian concerned, shall take into consideration its affordability to ordinary fisherfolk and its economic viability for the continued operation, in granting lease agreement, LGUs shall give preference to local fisherfolk. A development plan shall always be required of applicant to form part of the bases for the grant of a license to operate by the concerned LGUS.

Considering the competing uses of seas and ocean space, the Philippine Coast 2 Guard shall be required to determine if a proposed mariculture park or zone and its facilities therein pose a significant navigational hazard or obstruct safe travel, and to issue a certification of its findings and recommendations and submit the same to the 5 DA.

Sec. 6. Mooring Spaces. - The establishment of mariculture zone areas shall

be based on mooring spaces to ensure that usage of the area for sea cages, long lines and other culture structures is limited to the granted space provided. Granted mooring spaces not developed or installed with culture structures within six (6) 10 months will be forfeited and awarded to other qualified applicants. The BFAR shall prescribe the guidelines in the installation of sea cages, long lines and other culture structures.

Sec. 7. Support Infrastructures. - To ensure reliable access, cost-effective

location, and economic feasibility of the mariculture park or zone, the LGUs or private investors, or both, as the case may be, shall cause the establishment of support infrastructures, such as fish hatcheries and/or nurseries, security facilities, onshore feed warehouse, net mending and drying sheds, ice plants and cold storage facilities.

Sec. 8. Aquaculture Technical Assistance and Training to Local Government

Units, Fisherfolk Cooperatives/Associations, and Nongovernment Organizations. - The DA shall provide technical training, and marketing support to the LGUs, fisherfolk cooperatives/associations, and nongovernment organizations with respect to the establishment, utilization, and management of mariculture systems in their respective jurisdictions. Through a memorandum of agreement between the Southeast Asian Fisheries Development Center - Aquaculture Department (SEAFDEC-AQD) and the BFAR, SEAFDEC-AQD shall facilitate the transfer of the latest aquaculture technologies and assist in the DA's training programs for sustainable mariculture while promoting the adoption of good aquaculture practices.

Sec. 9. Private Sector as Economic Partners. - Private individual investors or

enterprises shall be encouraged to take an active role in the establishment, utilization, and management of mariculture systems. For this purpose, qualified

1 private investors or entrepreneurs shall coordinate with the local government 2 officials concerned, the local fishing community, and appropriate government 3 agencies.

Sec. 10. Financing Scheme. - The Land Bank of the Philippines (LBP) shall

5 provide loan assistance to qualified fisherfolk organizations/cooperatives for the 6 construction of the fish cage, the procurement of the initial stocks and feeds, and for 7 related expenses.

Sec. 11. Continuing Research and Development. - The BFAR, in coordination

9 with fisheries schools and/or state universities and colleges in the area, and the 10 concerned LGUs, shall conduct continuing research and development as well as application of technological advancements in the mariculture industry.

Sec. 12. Monitoring and Evaluation. - The DA shall monitor the

implementation of research and development programs and mariculture projects. A technical advisory committee composed of the BFAR, the SEAFDEC-AQD, the National Fisheries Research and Development Institute, and the academe, shall 16 review all existing mariculture parks or zones every four (4) years to determine their viability or effectiveness.

Sec. 13. Appropriations. - The amount needed for the implementation of this

19 Act shall be included in the budgets of the concerned departments/agencies in the annual General Appropriations Act. The LGUs, the implementation of the Program shall be funded from their National Tax Allotment (NTA) and other internally generated funds.

Sec. 14. Identification of Mariculture Areas. - Within six (6) months from the

effectivity of this Act, the BFAR shall identify the LGUs which have potential areas for the establishment of mariculture parks: Provided, That not later than one (1) year from the effectivity of this Act, the BFAR, in coordination with the LGUs concerned, shall complete the master plan of each mariculture park in the identified areas: Provided, further, That the number of fish cages to be installed in the duly designated mariculture parks shall be determined by the LGUs concerned through the enactment of an ordinance.

Sec. 15. Annual Report. - The DA, through the BFAR, shall render an annual

report to Congress on the accomplishment of the program. a review on the viability

of the program which includes a complete list of areas suitable for the establishment of mariculture parks in the country with their respective feasibility study shall be made by the agencies concerned after three (3) years of implementation of this Act.

Sec. 16. Information Campaign. - The BFAR shall undertake an intensive

5 public information campaign within three (3) months from the effectivity of this Act.

Sec. 17. Implementing Rules and Regulations. - Within ninety (90) days upon

7 the approval of this Act, the DA, through the BFAR, together with the Department of 8 the Interior and Local Government (DILG) and the representatives of the League of 9 Provinces, League of Cities, and League of Municipalities, shall adopt rules and 10 regulations necessary to implement the provisions of this Act.

Sec. 18. Separability Clause. - If any provision of this Act is declared invalid

or unconstitutional, the remaining provision not affected thereby shall continue to be in full force and effect.

Sec. 19. Repealing Clause. - All laws, decrees, orders or regulations or part

thereof inconsistent with this Act are hereby repealed or modified accordingly.

Sec. 20. Effectivity. - This Act shall take effect fifteen (15) days following the

completion of its publication in the Official Gazette or in a national newspaper of general circulation. Approved,