Implementing Rules and Regulations of Republic Act No. 10857

August 21, 2018

IMPLEMENTING RULES AND REGULATIONS OF REPUBLIC ACT NO. 10857

SECTION 1. Title. — This Act shall be known as "An Act Establishing Mangrove Crab Seedbanks, Nurseries and Grow-Out Production Farms in the Municipalities of Virac, Bato, Baras, Gigmoto, Viga, Panganiban, Bagamanoc, Pandan, Caramoran and San Andres in the Province of Catanduanes."

RULE 1.1 Title. — These Rules shall be known as the "Implementing Rules and Regulations of Republic Act No. 10857."

CHAPTER I

Declaration of Policy and Definitions

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

a. To achieve food security and sustain the productivity of mangrove flora and fauna and maintain the integrity of the ecosystem;

b. To promote crab-based livelihood and crab production industries, investments and to generate income from these natural resources for Catandunganons;

c. To establish strong partnerships among and between line government agencies, local government units, GFIs, NGOs and the private sector;

d. To strengthen the restoration, conservation, protection and development, of mangrove ecosystem to ensure its benefits for Catandunganons;

e. To create and implement crab protection programs and regulate the gathering of crablets, including other aquatic organism used as crab feeds;

f. To prevent overexploitation of mangrove crabs and promote equal opportunities among stakeholders and balance of ecosystem for the benefit of the present and future generations;

g. To adopt various measures and policies that will further enhance the productivity of natural aquatic resources, the protection of the rights of the fisherfolk engaged in this industry; and provision of support to fisherfolk, including women, differently-abled persons, youth sectors, senior citizens sector, and other allied industries; and

h. To establish the Province of Catanduanesas the "Mangrove Crab Capital of the Philippines" based on a resource assessment study and a well-developed business plan.

SECTION 3. Application. — The provisions of this Act shall be enforced solely in the entire Province of Catanduanes covering:

a. All mangrove crabs, fisheries and aquatic resources of the Province of Catanduanes;

b. The municipal waters of Catanduanes as defined in RA 8550;

c. All mangrove crab aquaculture facilities and businesses and other fishery-related activities whether public or privately-owned; and

d. All allied ancillary business/trades that support the mangrove crab and crab-related trades/ industries in the Province of Catanduanes.

SECTION 4. Jurisdiction. — The Department of Agriculture (DA), through the Bureau of Fisheries and Aquatic Resources (DA-BFAR), in partnership and in collaboration with the Catanduanes State University (CSU), Provincial Local Government Unit (PLGU) of Catanduanes through Office of Provincial Agriculturist (OPAG) and the municipal local government units (MLGUs), shall exercise jurisdiction in the establishment, supervision and monitoring of seedbanks, nurseries and grow-out production farms.

SECTION 5. Definition of Terms. — For the purpose of this IRR, the following terms shall be defined as follows:

1. Abandoned fishpond — public land released by the DENR for fishpond development where there is no occupation, possession or operational activity by the leasee or his/her lawful representative as manifested by any of, but not limited to, the following conditions; 1) failure by the leasee to submit to the DA-BFAR within ten days after six months from the approval of the lease the required initial report under oath relative to the fishpond development, operation and production, duly verified by the Regional Director of DA-BFAR Region V; 2) subleasing; and 3) where there is absence of clear indication of fish production operations in the area. cSEDTC

2. Active gear — a fishing device characterized by the pursuit of the target species by towing, pushing the gears, surrounding, covering, dredging, and scaring the target species to impoundments; such as but not limited to, trawl, purse seines, Danish seines, "paaling" and drift gill net.

3. Barangay stocker — any person directly buying crabs and/or crablets from gatherers.

4. Berried crab — female crabs that are gravid.

5. Crab landing — is the place where transactions like sorting, buying and selling of gathered crablets are done.

6. Crab nursery — a natural system or facility where post-larval mangrove crabs or crablets are reared or protected to a size suitable for stocking in grow-out farms or other rearing units.

7. Crab seedbank — a facility with staging tanks for pooling the crabs and/or crablets by batch prior to marketing and/or shipment preferably located at the trading post.

8. Crablet — a crab with carapace length of at least 2.4 cm. which is the legal market size for trading.

9. FARMC — acronym for Fisheries and Aquatic Resource Management Council.

10. Gatherer — any person or entity engaged in the gathering or collection of crabs and/or crablets registered with the MLGU.

11. Grow-out production farms — fishponds covered by an FLA or privately-owned which are either functional, undeveloped, underutilized and abandoned.

12. Juvenile crab — crab with sizes ranging from 199 g and below including kuto-kuto (0.2-0.5 cm.), langaw langaw (0.6-0.9 cm) and "TX" measuring the size of a thumbtack head.

13. Mangrove Crab— species includes species of Scylla serrata, Scylla olivacea and Scylla tranquebarica.

14. Mangrove Protected Area — a designated area where collection/gathering of crablets shall be regulated.

15. Local traders — a person duly registered with the MLGU to buy crabs and crablets from the gatherers.

16. Mangrove Crab Resources — refer to the mangrove crab species, mangrove crab seedbanks, nurseries and grow-out production farms.

17. MAO — acronym for Municipal Agriculture Office, are task to implement all plans and programs created to agriculture and fisheries in the municipality.

18. Marketable or Table size crabs — mangrove crabs weighing a minimum of 200 grams.

19. MLGU — a Municipal Local Government Unit who shall issue permit and accreditation to barangay stockers and local traders.

20. Rapid baseline assessment — is the total and detailed evaluation of the mangrove population and the population of the mangrove crab commodity.

21. Trading Post — a facility established within the vicinity of the crab nursery for easy delivery of collected crablets and marketable mangrove crabs preferably with access to a service road and with electricity.

22. Undeveloped fishpond — public land released for fishpond development where the fishpond area is not enclosed by dikes or enclosed by dikes but without functional water control structures or enclosed by dikes with functional water structures but the water level required for production on commercial scale cannot be maintained either by high tides or subdivided, which may or may not be vegetated with or a larger area enclosed only with a simple perimeter dike which has not been subdivided, which may or may not be vegetated with mangrove species.

23. Underutilized fishpond — public land released for fishpond development where the fishpond area or portion thereof is not producing in commercial scale within three (3) years from the approval of the FLA, not fully develop and producing in commercial scale within five (5) years as reflected in either: (1) the submitted annual report on fishpond development, operation and production, under oath by the lessee and duly verified by the Regional Director of DA-BFAR Region V; or (2) as deduced from the information supplied in Reports on Inspection and Verification, submitted by the authorized representatives and duly endorsed by the Regional Director of DA-BFAR Region V, evidencing that such portion or the whole fishpond area is not producing on a commercial scale.

CHAPTER II

Conduct of Resource Assessment Study

SECTION 6. Assessment of Mangrove Crab Resources. — DA-DA-BFAR, in collaboration with the CSU and a fisheries research agency, shall conduct a rapid baseline assessment of the mangrove crab resources in the ten coastal municipalities of the Province of Catanduanes upon the signing of the IRR. A report shall be submitted one month after the assessment work.

SECTION 7. Data Collection, Banking and Its Processing. — The Agricultural Technologist (AT) for Fisheries or MAO of each municipality shall be trained by a resource person to collect data from the daily crab landings of crab gatherers. All stages of mangrove crabs harvested shall be documented/recorded (species, size, number and volume) by the trained AT for Fisheries or MAO.

Monthly crab landing data shall be submitted by the AT for Fisheries or MAO of each municipality to the Project Management Office (PMO) which will serve as the databank of all information gathered on mangrove crab fisheries in the Province of Catanduanes. The PMO shall monitor, cross-check and validate the monthly crab landing data. SDAaTC

CHAPTER III

Establishment, Conservation, Protection, Development, Management and Utilization of a Mangrove Protected Area

SECTION 8. Site Selection. — DA-BFAR and the CSU, in coordination with the MLGU, shall identify and establish a Mangrove Protected Area (MPA) suitable as a crab nursery and/or seedbank based on the results of the rapid assessment study and ground truthing of the different sites.

RULE 8.1. The selection/identification of suitable sites shall be in accordance with the following minimum criteria:

8.1.1 Accessible to land and water conveyances;

8.1.2. Free of pollution;

8.1.3. Accessible trading post;

8.1.4. Dense mangrove cover ideal for berried crab and crablet habitat;

8.1.5. Accessible to fresh and saline water and power supply; and

8.1.6. Secured from poachers/illegal collectors using active gear.

RULE 8.2. The MLGU, in consultation with the MFARMC, shall determine the suitable mode of regulating the catching and collecting of crablets, including: designation of no take zones, closed and open seasons and determination of the legal market size.

RULE 8.3. The MLGU shall establish security structures and form a team that shall conduct surveillance and monitoring of the area and regulate the pattern of cropping and gathering mangrove crabs/crablets with due regards to the protection of habitat.

SECTION 9. Management. — Management of the protected area shall be under the direct responsibility of the concerned MLGU which shall be supervised and monitored by the PMO. Management includes but is not limited to the: a) protection and conservation of fishery resources to afford its constituents' food sufficiency, sustained source of income and produce export quality crabs; b) initiation of programs to maintain, restore and rehabilitate the natural habitat of mangrove crabs and other fishery species; c) regulation of the gathering and transport of crablets; d) promotion and increasing the production of quality mangrove crablets/crabs and e) initiation of the transfer of recommended technology and other relevant technical assistance to local crab growers, fishpond operators and other stakeholders.

RULE 9.1. The PMO shall issue corresponding science-based guidelines, technical recommendations and other related issuances to guide MLGU enforce appropriate measures to achieve the afore-mentioned management goals and objectives.

SECTION 10. Qualifications and Responsibilities of a Crab Gatherer. —

RULE 10.1. To ensure quality and consistency of crab/crablets supplies each MLGU shall accredit crab gatherers who, at the minimum should be:

10.1.1 Bonafide resident of the municipality;

10.1.2 Gathers outside the mangrove protected area shall likewise be covered by the provision of this Act;

10.1.3 Willing and able to cooperate and participate in the program; and

10.1.4 Must be a registered fisherfolk.

CHAPTER IV

Establishment, Conservation, Protection, Development, Management and Utilization of Fishponds Covered by Fishpond Lease Agreements and Privately-Owned Fishponds

SECTION 11. Site Selection. — The DA-BFAR, in coordination with the PLGU, CSU and concerned MLGUs shall identify fishponds covered by FLAs and privately-owned fishponds suitable as a crab nursery and/or seedbank and/or grow-out production farm.

RULE 11.1. The selection/identification of suitable sites shall be in accordance with the following minimum criteria:

11.1.1 Abandoned, underutilized or undeveloped;

11.1.2 Accessible to land and water conveyances;

11.1.3 Biologically productive for crabs;

11.1.4 Free of pollution;

11.1.5 Accessible for a trading post; and

11.1.6 Access to power supply.

SECTION 12 Qualifications and Responsibilities of a Fishpond Operator. — The DA-BFAR, in coordination with the PLGU, CSU and concerned MLGUs shall identify and qualify the FLA and/or private fishpond operators.

RULE 12.1. The selection/identification of qualified FLA and/or private fishpond operators shall be in accordance with the following minimum criteria:

12.1.1 Legitimate FLA holder preferably in good standing;

12.1.2 Bonafide resident if privately-owned;

12.1.3 Had been issued a license permit to gather from the Municipal Mayor;

12.1.4 Must have undergone training on proper methodology in gathering of crablets;

12.1.5 Must be a registered fisherfolk of the municipality; and

12.1.6 Willing and able to cooperate and participate in crab production program.

SECTION 13. Abandoned, Undeveloped and Underutilized FLAs. — The DA-BFAR, PLGU, MLGUs, CSU and MFARMCs shall give priority to abandoned, undeveloped and underutilized fishponds covered by FLAs and thereafter, to privately-owned fishponds.

CHAPTER V

Capacity Building and Research and Development

SECTION 14. Undertake Capacity Building and Research and Development. — The DA-BFAR, CSU, OPAG and MLGUs shall undertake capacity building and research and development activities to the various stakeholders including barangay stockers, gatherers and traders.

RULE 14.1. Trainings on seedbank, nursery operation and management, good aquaculture practices (GAqP), aquaculture resiliency and organic aquaculture practices and other appropriate trainings shall be provided to stakeholders.

RULE 14.2. Stakeholders shall be encouraged to secure insurance coverage with the Philippine Crop Insurance Corporation (PCIC).

RULE 14.3. The DA-BFAR and CSU shall within 30 days from promulgation of this IRR prepare the training modules for this purpose.

RULE 14.4. The DA-BFAR and CSU shall be designated as Research and Training Centers and Techno-Demonstration Farm.

CHAPTER VI

Trading Posts of Mangrove Crabs and Crablets

SECTION 15. Establishment of Trading Post. — Based on the assessed production volume (actual and potential) of the MLGU/s, a trading post may be established in an identified Community Fish Landing Center (CFLC). The DA-BFAR shall provide funds for the establishment of the CFLC.

Otherwise, the MLGU shall establish its trading post which shall likewise be operated and managed by a duly-registered People's Organization (PO) upon completion of appropriate preparatory training on enterprise operation and management.

RULE 15.1. The DA-BFAR and CSU shall within 30 days from promulgation of this IRR prepare the training modules for this purpose. acEHCD

CHAPTER VII

Participation of Other Government Agencies, Non-Government Organizations and People's Organizations

SECTION 16. Partnerships. — The DA-BFAR, PLGU, CSU or MLGU shall enter into agreements and partnerships with other relevant local government agencies, NGOs and POs which may cover, among others, joint-funding and counter parting; conduct of training and technology transfer; research, development and extension; market development and credit facilitation; support infrastructure and other relevant support for the implementation of this Program.

CHAPTER VIII

Appropriation

SECTION 17. Annual Budget from the General Appropriations. — The DA shall include in the Department's programs the establishment of the mangrove crab seed banks, nurseries and grow-out production farms, the funding of which shall be included in the annual General Appropriations Act.

RULE 17.1. Initial funding for the implementation of RA 10857, shall be in the amount of Php74,106,000.00, based on the Catanduanes Mangrove Crab Investment Plan (CMCIP).

RULE 17.2. The Catanduanes Mangrove Crab Investment Plan (CMCIP) shall be updated annually to be facilitated by the Project Management Office (PMO).

SECTION 18. Annual Budget from the MLGUs. — The MLGUs concerned shall set aside funds from any available local revenue for the implementation of the Program.

CHAPTER IX

Creation of a Project Management Office

SECTION 19. Project Management Office (PMO). — shall be created to oversee the operations and implementation of the Program which shall be headed by the DA-BFAR Provincial Fisheries Officer as overall Project Coordinator with the following as members: the authorized representative of the CSU President and the Provincial Agriculturist. The PMO shall conduct periodic monitoring and evaluation of the Projects, and submit quarterly reports to the DA-BFAR Central Office, endorsed by the DA-BFAR Regional Director. It shall also ensure the submission of monthly status reports from the MLGU, CFLC, among others, which include: production data, feed consumption and other relevant data as may be required by DA-BFAR.

RULE 19.1. The PMO shall develop guidelines, forms and process flow for submission, review and approval of submitted project proposals, for final submission to DA-DA-BFAR Central Office and consequent endorsement to the Department of Budget and Management (DBM) for funding. A value-chain approach shall be adopted as the over-arching framework in project identification and prioritization process.

RULE 19.2. The PMO shall engage the services of staff who shall report to and shall be under the direct and exclusive supervision of the PMO.

CHAPTER X

Final Provisions

SECTION 20. Suppletory Clause. — All existing laws, orders and local ordinances shall have suppletory application to this Act.

SECTION 21. Effectivity. — This IRR shall take effect fifteen (15) days from the date of publication in a newspaper of circulation and upon registration with the Office of the National Administrative Register (ONAR).

Issued this 21st day of August, 2018, in Quezon City, Metro Manila, Philippines.

(SGD.) EMMANUEL F. PIÑOL

Secretary

ATTACHMENT

Status of Mangrove Crab Industry cum Investment Plan

July 27, 2018

Convention Center

Mangrove Crab VCA-PCIP

The Local Crab Industry Profile

Mangrove Crab VCA: Identified Challenges

Investment Plan Matrix