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HB 03136

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HB 03136

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Republic of the Philippines HOUSE OF REPRESENTATIVES Quezon City NINETEENTH CONGRESS First Regular Session MOUSE BILL NO. 3136 Introduced by Hon. Jose Manuel F. Alba EXPLANATORY NOTE ‘This bill was based on Executive Order No. 533 which was signed by then President Gloria Macapagal-Arroyo on June 6, 2006. The concept of Integrated Coastal Heosystem Management (ICEM) arose out of the need to integrate the efforts from "ridge to reef," or from the uplands to the lowlands, to protect coastal and marine resources from which as much as 60 percent of our GDP is derived. It is an institutional legal framework to coordinate the efforts of various agencies and communities to plan and work together in resolving conflicts arising from the use of resources from forest ridges to coastal areas and ultimately, in marine waters ‘There are four national government agencies that have major administrative role in managing the country's coastal and marine resources. These are the DENR, Department of Agriculture — Bureau of Fisheries and Aquatic Resources (DA- BEAR), Department of the Interior and Local Government (DILG)-Philippine National Police (PNP) and the Department of Transportation and Communication (DOTO), Philippine Coast Guard (PCG). The DENR, particularly the Coastal and Marine Management Office (CMMO), has the overall mandate to coordinate national efforts for environmental protection and management of marine md coastal environments. The DA- BEAR has primary responsibility over the conservation and proper utilization of fishery resources. The DILG-PNP, on the other hand, has the general responsibility over enforcement of criminal laws in coastal waters, including illegal fishing activities while the DOTC-PCG's function is limited to safety of life at sea and the prevention and control of marine pollution. Overall, there are more than twenty other government agencies with various policy, regulatory, planning, research, and development functions in the coastal and marine environment. ICEM will serve as a holistic (covers upland to marine areas) and ecological (transcend political boundaries for certain ecosystems] planning tool that will facilitate the management of coastal and marine resources. It is a system for cooperative management and intersectoral coordination, planning, and reporting mainstreamed at the local and national levels to address complex activities such as deforestation, mining, fishing, shipping, public health, and recreation. ICEM will not mean the creation of another agency. The bill only seeks to establish a coordinative body named the National Coordinating Committee on ICEM, to coordinate the review and implementation of the National ICEM Framework. It will be composed of the Secretaries of the DENR as Chairman, secretaries of DA and DILG as Vice Chairpersons, NEDA Director General, and representatives from the academe, NGOs dealing with coastal management or fisheries private sector, fisherfolk organizations or cooperatives, and the Philippine Association of Marine Sciences (PMS) At the local level, ICEM will utilize the existing local development councils which will also ensure the fact that ICEM will now be included and eventually mainstreamed in the national economic planning. ICEM is an_ internationally recognized coastal and marine planning tool which produced successful pilot areas such ae Bataan, Guimaras, Cavite, and Batangas City ICEM is aimed at attaining two objectives: first, is to shift the focus of the country's development planning from terrestrial to coastal and marine to reflect the significant contribution of such areas to the national GDP; second, is to establish an ecological approach in managing the country’s coastal and marine environment to promote sustainable development, achieve food security, and to reduce the country's vulnerability to impacts of Climate Change. It must also be emphasized that this bill was already deliberated upon by relevant government agencies and civil society groups during the 18" Congress. Based on the foregoing reasons, I would like to work for the passage of the subject bill into law. iA JOSE uaa F, ALBA Representative, 1* District, Bukidnon Republic of the Philippines HOUSE OF REPRESENTATIVES Quezon City NINETEENTH CONGRESS First Regular Session HOUSE BILL No, 3136 AN ACT ADOPTING INTEGRATED COASTAL MANAGEMENT AS A NATIONAL STRATEGY FOR THE HOLISTIC AND SUSTAINABLE MANAGEMENT OF COASTAL AND RELATED ECOSYSTEMS AND THE RESOURCES THEREIN FROM RIDGE TO REEF, ESTABLISHING THE NATIONAL COASTAL GREENBELT ACTION PLAN, OTHER SUPPORTING MECHANISMS FOR IMPLEMENTATION, AND PROVIDING FUNDS THEREFOR Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled: CHAPTER 1 GENERAL PROVISIONS SECTION 1. Shore Title, ~This Act shall be known as the “Integrated Coastal Management Act.” SEC. 2. Policy Statement. ~ It shall be the policy of the State to ensure the sustainable management of the country’s coastal and matine environment and resources by looking at the interconnectivity of ecosystems from the watersheds to the coastal and marine areas. Towards this end, it shall adopt integrated coastal management, hereinafter referred to as ICM, as a framework in regulating different human activities, restoring or rehabilitating, and ensuring a multi-stakeholder and ridge-to-teef approach to ecosystem management, with due consideration to ecological connectivity and their impact on social and ecological systems. The framework shall support the country’s achievement of sustainable development, food security, just transition to sustainable livelihood, poverty alleviation, and its vulnerability and risk reduction, while respecting the traditional resource sights of indigenous peoples and gender equality local government units (1 SEC. 3. Scope and Coverage. ~Integrated Coastal Management shall be implemented in all 3Us) addressing the inter linkages among ecosystems from ridge-to-reef, by all eelevant government structures at the national and local levels in consultation and partnership with all stakeholders through participatory governance. SEC. 4. Definition of Terms. ~ As used in this Act: @ ow © @ © © ) Adaptation refers to the adjustment in natural or human systems in response to actual of expected climatic stimuli or their effects, which moderates harm or exploits beneficial opportunities Beach Fores refers to a narrow strip of woodland along the sandy and gravelly beaches of the seacoast dominated by terminalia eatappa, ansuarina equisetifolia, barringtonia asiatica, sonneratia casealaris, acacia farnesiana, and erythrina orients. Biological Dirersity o Biodiversity refers to the variability among living organisms from all sources including, inter alia, terrestrial, marine, and other aquatic ecosystems and the ecological complexes of which they ate part. Biodiversity consists of variety of species, their genetic make- up, and the communities to which they belong, (Climate Change refers to changes in the mean and/or variability of climate properties that persist for an extended period typically decades or longer, whether due to natural variability or as a result of human activity Coastal Area or Zone refers to a band of dry land and adjacent ocean space (water and submerged. land) in which terrestrial processes and uses directly affect oceanic processes and uses, and rice versa; its geographic extent may include areas within a landmark limit of one (1) kilometer from the shoreline at high tide to include mangrove swamps, brackish water ponds, nipa swamps, estuarine rivers, sandy beaches and other areas within a seaward limit of 210) meters isobath to include coral reefs, algal flats, seagrass beds and other soft-bottom areas. Coastal Greenbelts refers to a strip of natural or artificially created coastal vegetation including, mangroves, beach forest, phytoplankton and seagrasses, stretching at least up to 1.5 meters above towards land and up to 1.5 meters below towards the ocean from mean sea level, designed to prevent coastal erosion, and mitigate the adverse impacts of natural coastal hazards ‘on human lives and property Comprehensive Development Plan (CDP) refers to a document that pertains to the multi-sectoral plan formulated at the city or municipal level, which embodies the vision, sectoral goals, objectives, development strategies and policies within the term of LGU officials and the medium-term. Comprehensive Land Use Plan (CLUP) refers to the document formulated by the cities and municipalities in consultation with its stakeholders, that defines or provides guidelines on the allocation, utilization, development and management of all lands within a given tertitory or jurisdiction according to the inherent qualities of the land itself and supportive economic, demographic, socio-cultural and environmental objectives as defined in Republic Act No. 11201, otherwise known as the “Department of Human Settlements and Urban Development Act”. © Designated Area for Coastal Greenbelt refers to site specific stretch of vegetation in areas with abandoned fishponds requiring the reversion thereof to mangroves through natural regeneration or replanting with locally appropriate species. designated areas with illegal structures, such as breakwaters, permanent residential or commercial structures, and the like, require removal of such structures. () Disaster Risk Reduction refers to the concept and practice of reducing disaster risks through systematic efforts to analyze and manage the causal factors of disasters, through reduced exposure to hazards, lessened vulnerability of people and property, wise management of land and the environment; and improved prepasedness for adverse events, (8) Ecagsiems Servies refer to the benefits peopie obtain from the ecosystems such as 1) provisioning which refers to the services that provide food, water, timber, and fiber; 2) regulating which refers to the services that affect climate, floods, disease, wastes, and water quality; 3) cultural which refers to the services that provide recreational, aesthetic, and spiritual benefits; and 4) supporting which refers to the essential services such as soil formation, photosynthesis, and nutrient cycling. (D Holistic and Sustainable Management refers to the management of all components of the ecosystem and the services it provides in away ata rate that maintains and enhances its current state and resilience, thereby maintaining its potential to mect the needs of the aspirations of Present and future generations. This approach involves all stakeholders in collaborative decision-making, including scientists, national and local government, private sector, local residents, and the public towards the protection, conservation, restoration, and sustainable use of the ecosystem and the resources therein, (mn) Integrated Coastal Management refers to a natural resource and environmental ecosystem-based ‘management framework which employs an integrative, holistic management approach and an interactive planning process in addressing the complex management issues of the coastal area, and the major goal of which is to attain sustainable coastal development, including the maintenance of the functional integrity of ecosystems through effective coastal and ocean governance. (x) Mangrove Forest refers to the forested wetland growing along, tidal mudflats and along shallow water coastal areas extending inland along rivets, streams and their tributaties where the water is generally brackish and composed mainly of rhizaphons, briguiera, ceriaps avicennia, and aegiceras. (©) Municipal naters refer not only to streams, lakes, inland bodies of water, and tidal waters within the municipality which are not included within the protected areas as defined under R.A. 3 No.11038, otherwise known as the “Fixpanded National Integrated Protected Areas System Act 2of 2018”, public forest, timber lands, forest reserves, or fishery reserves, but also marine waters included between two (2) lines drawn perpendicular to the general coastline from points where the boundary lines of the municipality touch the sea at low tide and a third line parallel with the general coastline including offshore islands and fifteen (15) kilometers from such coastline. Where two (2) municipalities are so situated on opposite shores and when with less than thirty G0) kilometers of marine waters between them, the third line shall be equally distant from opposite shore of the respective municipalities. (p) Provincial Development and Physical Framework Plan (PDPFP) eefers to the plan document formulated at the provincial level that merges the traditionally separate provincial physical framework plan and provincial development plan to address the disconnect between spatial and sectoral factors and between medium and long-term concerns. it contains the long-term vision, of the province, and identifies development goals, strategies, objectives ot targets and corresponding Programs, Projects and Activities (PPAs) which serve as primary inputs to provincial investment programming and subsequent budgeting and plan implementation, (@) State of the Coasts Reporting System refers to an assessment tool for LGUs to be used in measuring, the progress and benefits of ICM implementation. It allows the LGUs to document and measure the effectiveness and impacts of policy and management interventions in support of sustainable coastal development and evaluate progress towards local, national, and international targets for sustainable development. (®) Watershed refers to a land area drained by a stream or fixed body of water and its tributaries having a common outlet for surface run-off. it is topographically delineated area of land form. which rainwater can drain as surface run-off, ria a specific stream or tiver system to a common outlet point. It encompasses ridge to reef areas and may include the uplands, lowlands, and coastal areas. (©) Wetlands refer to a wide variety of inland habitats such as marshes, peatlands, floodplains, rivers and lakes, and coastal areas such as saltmarshes, mangroves, intertidal mudflats and seagrass beds, and also coral reefs and other marine areas no deeper than six (6) metets at low tide, as well as human-made wetlands such as dams, reservoirs, tice paddies and wastewater treatment ponds and lagoons. CHAPTER I INTEGRATED COASTAL MANAGEMENT SYSTEM SEC. 5. National Coordinating Committee on ICM. ~ "There is hereby established a National Coordinating Committee on ICM, hereinafter referted to as the National Coordinating Committee (NCC), to coordinate the review and implementation of the National ICM Framework. The No shall be composed of the following members: (2) the Secretary of the Department of Environment and Natural Resources (DENR) who shall act as Chairperson; () the Secretary of the Department of Agriculture (DA) as Co-chairperson; 4 (©) the Secretary of the Department of Science and ‘Technology (DOST) as Vice Chairperson; (@ the Vice Chaigperson of the Climate Change Commission (CCC) as Vice Chairperson; (©) the Secretary of the Department of Intetior and Local Government (DILG); (Othe Secretary of the National Economic and Development Authority (NEDA); (@ a representative from the academe who specializes in ICM; (b) a representative from non-government organizations dealing with coastal management or fisheries; (a representative from the private sector; and @) 4 representative from any other organizations not mentioned above as the NCC may deem ‘The designated permanent representatives shall be chosen in a process to be determined in the ‘implementing rules and egulations of this Act. ‘The ex-offio members of the Committee may designate their permanent representatives to the NCC: Provided That, the petmanent representatives may designate their authorized representatives whose ranks shall in no case be lower than the undersecretary and whose acts shall be considered as that of the permanent representatives: Provided however, That the duly authorized representatives have no voting right unless authorized in writing, ‘The representatives from the academe, civil society, and other sectors shall possess experience and training in disciplines related to climate change, disaster risk reduction, natural resource ‘management, ot coastal management which shall be appointed by the NCC based on the suggestions provided by the member agencies. ‘They shall serve as members of the NCC until expiration or termination of theit term of office in such capacities subject for renewal to be decided by the majority of the members of the NCC and shall perform the duties appurtenant thereto unless they resign or theie representation is withdrawn by the sector that they represent. Appointment to any vacancy shall be for the unexpired term of the predecessor. SEC. 6. Meetings of the National Coordinating Committee.— The NCC shall meet once ‘every three (3) months, or as often as may be deemed necessary. SEC. 7. Secretariat. ~The DA and DENR shall provide Secretariat support to the NCC and shall create a composite team among their bureaus and offices. ‘The DENR shall head the Secretariat ‘which shall have an administrative control and supervision: Provided That, the DA shall provide the ‘necessary complementary manpower as may be determined by the NCC. SEC. 8. Powers and Functions of the National Coordinating Committee on ICM. - “The NCC shall exercise and perform the following powers and functions @) formulate, adopt, institutionalize, and amend, if necessaty, the National ICM Framework, in consultation with other concerned agencies, sectors, and stakeholders, within six (6) months from the effectivity of this Act; (®) identify coastal and marine and other resources shared by two or more LGUs, recommend and provide guidance on mainstreaming ICM into existing local plans and programs through their respective regional or provincial development councils, and assist the relevant authorities in resolving conflicts arising ftom ICM between or among LGUs; (©) undertake baseline and periodic assessment and reporting of the state of coastal and marine environment and natural resources and the level of socioeconomic development of the adjacent communities, governance or management interventions, and relevant infrastructures in place, among others; (© conduct capacity building programs and activities for national government, LGUs, and stakeholders, and pursue information, education, and communication (IEC) campaigns on ICM, and develop guidelines for mainstreaming the ICM into the development planning and investment programming processes of local governments; © develop guidelines for provinces sharing the same resources and influence for the integrated ‘management, protection, conservation, and restoration of the shared coastal and marine ecosystems, and reduce or climinate the impacts of activities originating from upstream and downstream sources; (ensure documentation, promotion, and dissemination of learnings and best practices on ICM implementation; (@ facilitate the establishment of integrated data and monitoring systems using innovative technologies and develop a national ICM dashboard as the repository of data on ICM; (b) pursue the mobilization of sustainable financing mechanisms for ICM from both public and private sectoxs; @) ensure adaptive management to consider new threats and emerging issues arising from changes in socioeconomic and technological landscape; and @ recommend th legislature, issuance of passage of policies or legislations to the appropriate agency or the Passage of pol age SEC. 9. Elements of the National ICM Framework. ~The implementation of ICM-responsive plans shall take into account the following elements in line with the ICM principles: (@) an inter-agency, inter-LGU alliances, multi-sectoral mechanism to coordinate the efforts of different agencies, sectors, and administrative levels, (b) peoples’ participation in the formulation and implementation of the National ICM Framework while upholding and respecting their right to a balanced and healthful ecology, especially those of the poorest communities and the most vulnerable to climate change and other hazards; 6 (© coastal strategies and action plans that provide a long-term vision and steategy for sustainable development of the coastal areas; and a fixed-term program of actions specifying responsible agencies or institutions for addressing priority issues and concems including, improving existing endeavors to protect marine protected areas and other protected areas on or neat coastal zones, as defined under R.A. No. 11038; @) public awareness programs to increase the level of understanding of and appreciation for the Coastal and marine resources of the area; and to promote a shared responsibility among, stakeholders in the planning and implementation of the National ICM Framework; (©) mainstreaming the National ICM Framework into the national and local govemment planning and socio-economic development programs; and allocation of adequate nancial and human resources for its implementation; (© capacity building programs to enhance required human resource skils, scientific input to Policy and planning processes; and enforcement mechanisms to ensure compliance with adopted rules and regulations; @ Integrated environmental monitoring,for the purpose of measuring, evaluating, and reporting the status, progress, and impacts of management programs against established sustainable development indicators and for use in decision-making, public awareness, and performance evaluation; {h) investment opportunities and sustainable financing mechanisms for environmental protection and improvement; resource conservation; and ecosystem based adaptation and other nature based solutions; © disaster risk reduction and management as well as climate change adaptation and mitigation programs, and vulnerability and risk assessment; @) knowledge management, research, and development programs in such areas as carrying capacity, limits to acceptable change, and enhancement of the analytical and predictive value of scenarios for protecting sustainable futures; and (®) development of a national coastal greenbelt action plan for the protection of biodiversity and coastal areas. ‘The National [CM Framework shall provide ditection, support, and guidance to the LGUs and shall adhere to the principles of sustainable development; ecosystem-based management that focuses on the interconnectivity of ecosystems and maintaining their health and resiliency to deliver the goods and services; policy and functional integration, coordination, and adaptive management that guide the ICM practice. ‘The NCC shall finalize the National ICM Framework within twelve (12) months from the effectivity of this Act. SEC. 10. Coordination of ICM Programs, Plans, and Activities at the Regional Level ~ The Regional Development Councils shall mainstream ICM in the formulation of Regional Development Plans and Priority Investment Programs, among other related documents which shall be reviewed and approved by the NCC. SEC. 11. Coordination of ICM Programs, Plans, and Activities at the Provincial Level. ~The Provincial Development Council (PDC) established under Section 107 (©) of R.A. No. 7160, otherwise known as the “Local Government Code of 1991”, shall be responsible for the formulation of the ICM plan at the Provincial level, including the implementation and coordination necessary therefor which shall be reviewed and approved by the NCC. In addition to its members, the following offices and sector shall be represented thereto for the purpose of facilitating the mainstreaming of ICM planning in the formulation of the provincial development and physical framework plan, among other related documents in ine with the ICM principles (@) the Chairperson of the Environment Committee of the Sunggunian Pantalanigan; ©) the Provincial Fisheries Office of Office of the Provincial Agriculturist; (©) the Provincial ‘Tourism Office; (@ the DENR Provincial Environment and Natural Resources Officer; (© the Board Member of Marine Protected Area Networks, where they exist; (8) the Regional Office of DHSUD; and ® the private sector. In cases where two ot mote provinces share a common resource such as bays, gulfs, river basins, lakes, watersheds, marine protected areas, marine biodiversity corridors, and upland ecosystems, the coordination support and assistance for the formulation, establishment, and implementation of the Inter-Provincial ICM Plan shall be provided by the concerned Regional Development Council established under Executive Order No. 325, series of 1996. However, this provision shall not apply to provinces or common resources shared by several 's which have an existing ICM coordinating mechanism at the time of the effectivity of this Act. SEC. 12. Additional Functions of the Provincial Development Council —1n addition to the functions provided in Section 109 of R.A. No. 7160, the PDC shall: a) coordinate the efforts of provinces sharing a resource to address issues that cut across their political boundaries; b) coordinate the establishment and consolidation of baseline data on ICM especially in relation to biodiversity; and ©) resolve conflicts arising from ICM between or among municipalities oF cities, of between an LGU and a body managing, a specially administered atea within the province: Provided, That 8 boundary disputes between and among the LGUs shall be settled in accordance with Sections 118.and 119 of R.A. No. 7160 and its implementing rules and regulations SEC. 13. Coordination of ICM Programs, Plans, and Activities at the City and Municipal Levels, ~The City ot Municipal Development Council (CDC or MDC) established pursuant to Section 107 (b) of R.A. No. 7160 shall be responsible for the integration of national ICM strategies within their respective development plans, land use plans, and other relevant plans, whether highly urbanized city (HUQ), independent component city (ICC), component city, or municipal levels, including the implementation and coordination necessary therefor which shall be reviewed by the NCC. In addition to its members, the following offices and sector shall be represented thereto for the purpose of coordinating the formulation and implementation of the ICM Plan: (@) the chairperson of the Environment Committee of the Sangguniang Panglungsod ox Bayan; 0) the ity or municipal fisheries office or office of the city or municipal agriculturist; (© the city or municipal Tourism Office; and @) the private sector. A position for a City Environment and Natural Officer (CENRO) or a Municipal Environment and Natural Officer (MENRO) shall be created or designated for the coordination and monitoring of the implementation of the ICM-responsive Local Climate Action Plans (L.CCAP3), CLUP, and CDP. However, this provision shall not apply to cities or municipalities which have an existing ICM coordinating mechanism at the time of the effectivity of this Act. SEC. 14. JCM Office. —Fach province may establish an ICM Office to act as the secretariat to the PDC with regard to ICM programs, plans, and activities, and to monitor the implementation of the Provincial ICM Plan in consonance with the National ICM Framework: Provided, That where PENRO is altcady established it will act as the secretariat to the PDC: Provided Further, ‘That an office or section under the Provincial Planning and Development Coordination Office focused solely on ‘matters or tasks relating to ICM may serve as ICM Office. Otherwise, the Provincial Planning and Development Coordination Office shall serve as the secretariat to the PL Each LGU shall allocate funds in coordination with the Department of Budget and ‘Management for the creation of a plantilla position for CENRO or MENRO with the responsibility to coordinate and monitor the implementation of ICM- responsive LCCAPs, CLUPs, CDPs, and other related matters at the municipality or city level. The provincial government ENRO shall act as the ICM offices at the provincial level with the responsibility of coordinating, monitoring, and reporting on the progress of ICM implementation and other related matters SEC. 15. Additional Functions of the City or Municipal Development Council ~1n addition to the functions provided in Section 109 of R.A. No. 7160), the CDC or MDC shall: () ensure that the formulation of LCCAPs, CLUPs, CDPs, and Annual Investment Programs (AIDs) pursuant to Section 14 of R.A. No. 9729 ot the “Climate Change Act of 2009” are Buided by the ICM principles and incorporate the elements of ICM planning and shall be reviewed and approved by the appropriate government agencies or committees, ©) coordinate the efforts and the implementation of ICM-responsive local plans among relevant barangay to address issues that cut across their boundaries; © coordinate the establishment and consolidation of baseline data on ICM especialy in relation to biodiversity and ecosystems goods and services; (@) resolve conflicts arising from ICM between ot among barangays or between a barangay and a specially managed or administered area within the city or municipality SEC. 16. Representation of Other Agencies and Stakeholders, ~Local government units ‘may consider the representation in their respective development councils of other national agencies and stakeholder groups in ICM planning, implementation, monitoring, and reporting processes, as they may deem necessary SEC. 17. Assistance from LGUs and National Agencies. ~ ‘The local development councils may call upon any local official or any official of national agencies or offices within the LGU to assist in the formulation of local ICM-responsive local plans. |n providing technical assistance and other forms of support related to coastal management and the implementation of development plans, national govemment agencies shall give priority to fifth- and sixth-class municipalities and other LGUs with approved or existing IC plans. responsive local SEC. 18. Monitoring, Evaluation, and Reporting of ICM Framework. The NCC shall coordinate the preparation, consolidation, and submission of an initial State ofthe Coasts Report, one (1) year after the effectivity of this Act, based on a monitoring and evaluation mechanism thet will be developed to track the progress of the country’s ICM implementation. Eivery five (9) years thereafter, the NCC shall coordinate the preparation, consolidation, and subtnission to the President of the State sts Report on the implementation of the local ICM-responsive local plans such as LCCAPs, CLUPs, and CDPs, ia kine with the National ICM Framework. The LGUs shall submie their respective progress reports on the implementation of their respective ICM-responsive local plans to the NCC. National government agencies which are members of the NCC shall update their existing ‘monitoring and assessment mechanisms relevant to ICM to ensure compliance of the LGUs SEC. 19. JCM Best Practices. —'Vhe National ICM Feamewotk and local ICM plans shall Promote the application of best learnings which include the following. (@ coastal and marine use classification, marine spatial planning, and harmonization of comprehensive land and water use plan as management tools; (b) sustainable fisheries and conservation of living resources; 10 (© protection and rehabilitation of coral reefs, mangroves, seagrass, estuaries, and other habitats, particularly through establishment of marine protected areas, nature reserves, and sanctuaries; (@) development of management approaches for the conservation of upland watershed, catchment areas, and river basins; (© integrated waste management, including sewage and solid, hazardous, toxic, and other wastes by major sources; (f) natural and man-made hazards management; (water use and supply management; (h)_ payment for ecosystem services and equitable allocation of costs and benefits; @ integrated and bay wide law enforcement; @ disaster tisk reduction and management in coastal areas; (W) climate change adaptation and mitigation in coastal areas; community-led natural resource management; recognition of indigenous peoples’ concerns; (n) integrated management of port safety, health, security and environment protection; and (0) involvement of the private sector or business sector as a partner in ICM, SEC. 20. Incentives. ~'The NCC shall develop a national incentive and recognition system to encourage and motivate the LGUs to diligently and efficiently implement, and monitor their ICM- responsive local plans, In addition to the criteria provided in Section 7 of R.A. No. 11292, otherwise known as “The Seal of Good Local Governance Act of 2019”, the LGU may be granted the Seal of the Good Local Governance if its exemplary implemented and sustained the ICM-responsive local plans. “The details of the recognition and reward system shall be provided in the implementing, rules and regulations of this Act. Sec. 21. Scientific Advisory Group. “The NCC shall establish a National Scientific Advisory Group to ensure that ICM interventions have sound scientific basis. “The Scientific Advisory Group shall provide advice to the LGUs in elation to technical documents, new scientific developments and policies in climate science and coastal management, and in achieving thei environmental goals Te shall be composed of the following: (@) @ representative from the academe who specializes in ICM ot any related discipline; (©) a representative from the DOST; (©) a representative from the DENR; (@ a representative from the BEAR; (© a representative from the PAMS or other professional society related to natural resource ‘management and coastal management; and (a representative from the PCG’s Marine Science Investigation Force. ‘The Scientific Advisory Committee shall aso convene to serve as the experts in discussing and advising on the technical and science-based issues related to Article III of this Act. SEC. 22. Role of National Government Agencies. ~ All concerned national agencies shall support the implementation of the National ICM Framework and ICM-responsive local plans, and Promote ICM best learnings that fall within their respective mandates. They shall identify, prepare, and provide policy guidance and technical resource assistance to the DENR, the development councils, and the LGUs in the implementation of the National ICM Framework and ICM-responsive local plans and in the enforcement of relevant coastal and marine policies and regulations; and regional and international commitments or treaties. These agencies shall directly consult with concemed 1.GUs in the development and implementation of the National ICM Framework and ICM-responsive local plans affecting coastal and marine areas in theit respective localities. All government contracts entered into and permits issued by the government such as foreshore lease agreements, forest management agreements, special land use permits, and mining petmits shall be entered into of issued by the government and its instrumentalities in conformity with the National ICM Framework and ICM-responsive local plans. Sec. 23. Specially Managed or Administered Areas. —Specially managed or administered areas such as siver basins, Water Quality Management Areas (WQMAs) established under R.A. No. 9275, otherwise known as the “Philippine Clean Water Act of 2004”, special economic and freeport zones, and protected areas, whether established under R.A. No. 11038 or by virtue of an ordinance, shall prepare their management plans in consonance with the ICM National Framework and relevant ICM-responsive local plans. Their management plans shall incorporate ICM principles and best Practices taking into account the interlinkages between and among associated watersheds and wetlands, Sec. 24. Review of Existing ICM or Related Programs and Plans. ~ Provinces, cities, municipalities, especially managed or administeted areas such as special economic zones or freeport zones, bays, lakes or matine protected areas (MPAs) shall review, revise, reconcile, and harmonize their existing ICM or related programs or plans based on the National ICM Framework within three 3) years from the effectivity of this Act. Actual use shall be preferred over future or reserve use. Provided, That all existing locational clearances and zoning permits issued by the LGUs prior to the 2 effectivity of this Act shall remain valid pending review of existing programs and plans and zoning, ‘ordinances (ZOs), and they shall not be invalidated because of the new and approved programs and plans and ZOs which determined proper location in a different coastal use zoning area: Provided, futher, ‘That appropriate measures shall be adopted by the LGU concerned, the landowner, and the developer in the event that any existing structure and facility are found to be properly covered by a different coastal use zoning category in the areas where they are currently located: Provided, finally, That existing structures and facilities within extremely hazardous and high risk danger zones which cannot be addressed by any mitigating ot protective measutes shall be required to relocate. Sec. 25. Role of LGUs. ~ All LGUs shall act as the frontline agencies in the formulation, planning, and implementation of ICM programs in their respective municipal waters. The local [CM Plan shall be supportive of and compliant with the National ICM Framework and shall be prepared in consultation with the stakeholders. The LGUs shall regularly update theit ICM-responsive LCCAPs, CLUPs, and CDPs to reflect emerging needs, and changing social, economic, and environmental conditions. The LGUs shall also ensure that theit annual work and investment plans are aligned based on their ICM-responsive LCCAPs, CLUPs, and CDPs. The LGUs shall furnish the NCC their respective ICM-responsive local plans and all subsequent amendments, modifications, and revisions thereto. LGUs shall mobilize and allocate the necessary personnel, resources, and logistics to effectively implement their respective ICM-responsive local plans. Barangays shall be directly involved with municipal and city governments in prioritizing coastal issues and identifying and implementing solutions. Municipal and city governments shall consider ICM as one of theit priority programs. Provincial governments shall provide technical assistance, enforcement, and information ‘management in support of Municipal and City 1CM-responsive plans. Intet-LGU collaboration shall bbe encouraged in the conduct of activities related to protecting the country’s coastal and marine resources Sec. 26. Roles of Civil Society and the Private Sector. ~1n the development and implementation of the ICM program, the NGOs, civic organizations, people’s organizations, the academe, the private sector, and other concemed stakeholder groups shall be engaged in activities such as planning, community organizing, research, technology transfer, information sharing, investment, training programs, and monitoring; and evaluation, response, and feedback systems. Sec. 27. Supporting Activities. ~'The following activities shall be undertaken in support of the implementation of ICM programs: 3) ICM Education ~The Department of Education (DepEd) and the Commission on Higher Education (CHED) shall integrate the concept and basic principles of ICM into the primary, secondary, and tertiary education curricula, as well as in the textbooks, primers and other educational materials. ‘The DOST shall, likewise, include integrated coastal management, tropical marine ecosystem management, and other related studies in their scholarship programs for graduate studies; b) ICM Training Progam for LGUs ~The DENR and the DILG, through the Local Government Academy, shall develop and provide ICM training programs for LGUs. For this purpose, LGUs may allocate funds for scholarships on tertiary and graduate courses relating, to ICM or source funds for such scholarships other than LGU funds; 13 9 d Environmental and Natural Resource Accounting and Valuation for ICM Planning ~ ‘The NEDA and the National Statistics Coordination Board (NSCB) shall incorporate coastal and ‘marine cesource accounting as well as estimates of theie carrying. capacity in the national and regional accounts; Coastal and Marine Environmental Information Management System — ‘The DENR shall oversee the establishment and maintenance of a coastal and marine environmental information ‘management system and network, in collaboration with other concerned national government agencies, institutions, LGUs, civil society organizations and other academic institutions. The DENK shall promote the documentation and information dissemination of good practices as well as initiate replication and scaling up of ICM programs in the country. The concerned agencies, however, shall review the coastal znd marine data prior to theie public dissemination. CHAPTER IIT NATIONAL COASTAL GREENBE, T ACTION PLAN Sec. 28. National Coastal Greenbeh Action Plan. ~The NCC shall identify and convene all national government agencies responsible for foreshore management, mangrove and beach forest Protection and utilization, coastal land and sea-use planning, coastal tourism development, social welfare of coastal communities, and other relevant mandates, to prepare an integrated National Coastal Greenbelt Action Plan (NCGAP). ‘The NCGAP shall, at the minimum, contain the following: @) Spatial representation, or if feasible, quick ot rapid inventory of the status of coastlines and foreshores, including the status of mangroves, beach forests, settlements, structures and fishponds within 100 meters therein; ©) Assessment of priority area to be declared as coastal greenbelts, for each coastal province, city and municipality, to protect by means of mangroves and beach forests, based on vulnerability to storm surges, waves, tsunami and the like. The action plan shall indicate that the assessment of priority areas shall be completed within twelve (12) months from the adoption of the NCGAP; (©) Designation of priority areas for coastal greenbelts that are already included as either as a protected area under R.A. No. 11038 of as a fish refuge or sanctuary under R.A. No. 10654 as amended, otherwise known as “The Philippine Fisheries Code of The Philippines”, or as a local marine protected area as may be declared by municipalities and cities through ordinances. The designation shall be completed within six (6) months from the completion of the assessment. Designation shall also be done through a proposal to the appropriate agency, municipality or city as may be deemed necessary. If an area is designated as a priority atea, no structure shall be allowed thesein unless it is approved by the DENR or DA through the BFAR; (@ Operational plan for the rehabilitation, reforestation, or afforestation of designated Priotity coastal greenbelts with ecologically appropriate mangrove and beach forest Species, not less than 100 meters minimum target area of twenty percent (201%) of the 4 designated priority areas in the first five (5) years for maximum protection of the most vulnerable communities in the city or municipality. The remaining priority areas must be completed within ten (10) years, the designation of the priority areas, (© Operational Plan for the reversion of all abandoned fishponds to mangroves through natural regeneration or replanting with locally appropriate species. ‘The NCGAP shall indicate that the identification and recovery of possession from the delinquent fishpond lease agreement holders shall be completed within twelve (12) months from the adoption thereof, All fishpond areas to be reverted to mangroves shall form part of the minimum target for the first year of implementation of the NCGAP: Provided, Thar the reversion shall be in accordance with R.A. No, 8550, as amended by R.A. No. 10654, as well as existing rules and regulations; (© Operational Plan for the removal of illegal structures such as breakwaters, permanent residential /commercial structures, and the like, in the identified priority coastal greenbelts ‘The NCGAP shall indicate that the declaration of and notice to persons responsible for removal of illegal structures shall be completed within twelve (12) months thereof. The removal of illegal structures in and start of rehabilitation, reforestation or afforestation of these areas shall form part of the minimum target for the first year of implementation of the NCGAP; and @ Monitoring and evaluation plan, with quantitative and qualitative targets consistent with @, ©, and (f above, appropriate indicators and reasonable means of verification. ‘The plan shall become an integrated patt of the NCGAP-tesponsive LCCAP. Sec. 29. Designated Arcas for Coasta! Greenbelt. — In designating areas for coastal greenbelts, landscape types will be classified into natural, rural and urban areas including mangrove areas, areas previously vegetated with mangroves, or mangrove areas converted into fishponds and other uses, Sec. 30. Implementation of the NCGAP. - In addition to the functions of the NCC on ICM in Section 5 of this Act, the NCC shall take the lead in implementing the components of the CGAP. ‘The DHSUD shall provide appropriation for the relocation of the families of individuals who will be affected by the designated areas. The telocation of the affected families or individuals shall be included in the Local Shelter Plan of the LGUs in accordance with R.A. No. 7160 and R.A. No. 7279, otherwise known as “Urban Development and Housing Act of 1992”, as amended by R.A. No. 10884. Other agencies that participated in the preparation of the NCGAP-responsive LCCAP shall implement their commitments thereto, The actions requited of the NCC are immediately executable based on the agreed NCG AP. responsive LCCAP, and on NCC members existing mandates, programs ‘or budgets that are aligned with the action plan, without need for formulating implementing guidelines, rules and regulations for this Act. All existing laws, rules, and regulations providing protection to coastlines, foreshores, and priority areas shall remain in full force and effect, and shall supplement the provisions of this Act unless otherwise terminated, modified or amended. 15 See. 31. Local Coastal Greenbelt Action Plan. ~ Fach coastal municipality and city in the identified priority coastal greenbelt areas shall prepare a Local Coastal Greenbelt Action Plan (LCGAP) which shall be integrated with the LCCAP, investment program, or other local government's development plans, for the facilitation of the implementation of mandated actions in the NCGAP. The roles of the municipality or city, as provided in the local LCGAP-responsive L shall be to: (a) Facilitate the implementation of the mandates of the national agencies under Section 29, by pl age providing local data and other supporting measures; ©) Implement complimentary programs to assist the local communities and local businesses that are affected by the actions under Section 29, such as relocation sites with basic services such as livelihood and transportation programs, zoning or re-zoning of the priority coastal greenbelt areas, as appropsiate, and the like; (© Provide the actual inventory of affected families in Designated Areas and to ensure that a just and humane process of relocation done; @) Lead in the actual implementation of rehabilitation, reforestation and afforestation, through the coastal barangays; (© Integrate the identified coastal greenbelts in the LCCAP; (Provide data and qualitative feedback to the Key Implementing Agencies, as may be relevant. ‘The provincial government shall provide the technical and budgetary support to component coastal cities and municipalities sharing a common priority coastal greenbelt atea. The CCC shall evaluate, review, and assess the LCGAP-tesponsive LCCAP submitted by the LGUs which must be consistent with Section 8 and Section 29 of this Act on the elements of the National JCM Framework and National Coastal Greenbelt Action Plan, The CCC shall also make the necessary recommendations for compliance by the 1.GUs on matters pertaining thereto. CHAPTER IV FINAL PROVISIONS SEC. 32. Prohibited Acts. ~ In addition to the acts and omissions prohibited under existing ‘environmental laws, the following shall constitute prohibited acts: @ In addition to the penalties provided under existing law, any person who obstructs the DENR in the removal of illegal structures, or DA through the BFAR in the process of revetsion of abandoned fishponds, shall be liable to that agency for an administrative fine of Fifty ‘Thousand Pesos (PhP50,000) per day that the agency is prevented from performing its function. 16 (©) No structures shall be built within the identified coastal greenbelts without a permit from DENR of DA through the BFAR, consistent with theie mandates. Any person who violates, this prohibition shall be liable to the agency for an administrative fine of Fifty Thousand Pesos (PhP50,000) per day from the time the structure was built until its removal (© Any violation of the provisions of this Act, including the violations of the implementing rules and regulations which have been duly promulgated and published in accordance with Scetion 37 of this Act, shall be subject to an administrative fine of Fifty Thousand Pesos, (PhPS0,000) upon any person o entity found guilty thereof. Proceeds from the administrative fines under this Section shall be retained by the agency imposing such fines and used exclusively for the implementation of its mandate under this Act. SEC. 33. Appropriations. ~ All concemed government agencies and LGUs shall allocate from their annual appropriations adequate funds for the implementation of the ICM-responsive LCCAP, CLUP, and CDP. In subsequent budget proposals, the concerned offices and units shall appropriate funds for program or project development and implementation including continuing, capacity building, training, and education. LGUs shall pool their resources in establishing inte-LGU alliances in the management of shared resources such as bays, gulfs, lakes, rivers, watersheds, marine biodiversity corridors, and marine protected area networks within thei jurisdiction. SEC. 34. Other Funding Options. ~"Vhe NCC, the local development councils, the LGUs, and the national government agencies may source local and international grants, bequests, and donations in support of ICM implementation. ‘The Land Bank of the Philippines, the Development Bank of the Philippines, the People's Credit and Finance Corporation, and other relevant government financial institutions shall formulate and identify loan and financing mechanisms that will be made available to support local ICM- responsive programs, including alternative livelihood projects for small-scale fisherfolks and cooperatives. SEC. 35. Tax exemption. ~All grants, bequests, endowments, donations, and contributions made to the NCC, the local development councils, the LGUs, the DA and the DENR to be used actually, directly, and exclusively for the implementation of the ICM shall be exempted from donor’s tax and shall be allowed as deduction from the gross income for purposes of computing the taxable income of the donor in accordance with the provisions of the National Internal Revenue Code of 1997, as amended. SEC. 36. Implementing Rules and Regulations, ~The DA, DENR and CCC, consultation with concemed agencies and stakeholders, shall promulgate the implementing rules and regulations of this Act within one hundred eighty (180) days from the effectivity of this Act. SEC. 37. Annual Report. ~The NCC shall submit an annual report to the Congress and the Office of the President on its compliance with its functions under this Act, the implementation of the ICM Framework, and the State of the Coasts Report on or before March 30 of every year following the effectivity of this Act w SEC. 38. Joint Congressional Oversight Committee. — There is hereby created a Joint Congressional Oversight Committee JCOC) to monitor the implementation of this Act and to review the implementing rules and regulations promulgated by the DA, DENR and CCC for a period not exceeding five (5) years from the effectivity of this Act. The Committee shall be composed of five (5) Senators and five (5) Representatives to be appointed by the Senate President and the Speaker of the House of Representatives, respectively. The Oversight ‘Committee shall be co-chaired by the Chairpersons of the Committee on Environment, Natural Resources and Climate Change of the Senate and the Committee on Climate Change of the House of Representatives The secretariat of the JCOC shall be drawn from existing personnel of the Senate Committee on Environment, Natural Resources and Climate Change and Committee on Climate Change of the House of Representatives. SEC. 39, Separability Clause.~ \f any of the sections or provisions of this Acti held invalid, all other provisions not affected thereby shall remain valid SEC. 40. Repealing Clause. — All other laws, decrees, orders, resolutions, instructions, rules and regulations, and other issuances or parts thereof which are inconsistent with the provisions of this Act, are hereby repealed, amended, or modified accordingly. SEC. 41. Non-impairment Clause. ~ Nothing in this Act shall be construed as to diminish, impair, or repeal the prohibited acts under existing laws, presidential decrees, executive orders, ordinances, rules and regulations, and other issuances, including R.A. No. 11038 and R.A. No, 8550, as amended by R.A. No. 10654. SEC. 42. Effectivity. — This Act shall take effect fifteen (15) days after its publication in the Official Gazente or in a newspaper of general circulation, Approved, 18

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