CRM - SD with Impact - Coastal Resource Management

COASTAL RESOURCE MANAGEMENTWritersAileen de GuzmanJoyce ReyesEditorsAmihan R. PerezGiselle Baretto-LapitanProject ManagementAmihan R. PerezAteneo Center for Social Policy and Public Affairs (ACSPPA)Technical and Editorial TeamRene “Bong” Garrucho, LGSPMags Maglana, LGSPAbe dela Calzada, LGSPMyn Garcia, LGSPRicky Nuñez, Jr.Marie Madamba-NuñezArt Direction, Cover Design & Layout Jet HermidaPhotographyRyan Anson

MAXIMIZING OPPORTUNITIES & OVERCOMINGOBSTACLES

Coastal Resource Management:

Coastal Resource Management: Maximizing Opportunities &Overcoming Obstacles Service Delivery with Impact: Resource Books for Local Government

Copyright @2003 Philippines-Canada Local Government SupportProgram (LGSP)

All rights reserved

The Philippines-Canada Local Government Support Program encouragesthe use, translation, adaptation and copying of this material for non-commercial use, with appropriate credit given to LGSP.

Although reasonable care has been taken in the preparation of this book,the publisher and/or contributor and/or editor can not accept anyliability for any consequence arising from the use thereof or from anyinformationcontained herein.

ISBN 971-8597-08-5

Printed and bound in Manila, Philippines

Published by:

Philippines-Canada Local Government Support Program (LGSP) Unit 1507 Jollibee PlazaEmerald Ave., 1600 Pasig City, PhilippinesTel. Nos. (632) 637-3511 to 13www.lgsp.org.ph

Ateneo Center for Social Policy and Public Affairs (ACSPPA)ACSPPA, Fr. Arrupe Road, Social Development ComplexAteneo de Manila University, Loyola Heights, 1108 Quezon City

This project was undertaken with the financial support of theGovernment of Canada provided through the Canadian InternationalDevelopment Agency (CIDA).

A JOINT PROJECT OF

IMPLEMENTED BY

Department of the Interiorand Local Government (DILG)

National Economic andDevelopment Authority (NEDA)

Canadian InternationalDevelopment Agency

Federation of CanadianMunicipalities (FCM)

www.fcm.ca

Agriteam Canadawww.agriteam.ca

CONTENTS

FOREWORDACKNOWLEDGEMENTSPREFACEACRONYMSEXECUTIVE SUMMARYINTRODUCTION

CHAPTER 1: POLICY AND OPERATIONAL ISSUES THAT IMPACT ON EFFECTIVECOASTAL RESOURCE MANAGEMENTLegal FrameworkJurisdictional/Institutional ArrangementsIssues and Problem AreasEmerging Initiatives/Attempts: The Palawan ExperienceInsights/LessonsEndnotesReferences

CHAPTER 2: GOOD PRACTICES IN COASTAL RESOURCE MANAGEMENTForging Partnerships Among LGUs, NGOs, and Local CommunitiesCollaborative Undertakings Among International, National and Local InstitutionsCollaboration Among LGUs

CHAPTER 3: REFERENCES AND TOOLSBilateral and Multilateral Projects, Programs and AgenciesAcademic InstitutionsReferencesList of Potential Study Tour Sites on CRM

ANNEXESLGU Mandates and Policies in Coastal Resource Management in the Philippines

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T he Department of the Interior and Local Government is pleased to acknowledge the latestpublication of the Philippines Canada Local Government Support Program (LGSP), ServiceDelivery with Impact: Resource Books for Local Government; a series of books on eight (8)

service delivery areas, which include Shelter, Water and Sanitation, Health, Agriculture, Local EconomicDevelopment, Solid Waste Management, Watershed and Coastal Resource Management.

One of the biggest challenges in promoting responsive and efficient local governance is to be able tomeaningfully deliver quality public services to communities as mandated in the Local Government Code.Faced with continued high incidence of poverty, it is imperative to strengthen the role of LGUs in servicedelivery as they explore new approaches for improving their performance.

Strategies and mechanisms for effective service delivery must take into consideration issues of povertyreduction, people’s participation, the promotion of gender equality, environmental sustainability andeconomic and social equity for more long- term results. There is also a need to acquire knowledge, createnew structures, and undertake innovative programs that are more responsive to the needs of thecommunities and develop linkages and partnerships within and between communities as part of anintegrated approach to providing relevant and sustainable services to their constituencies.

Service Delivery with Impact: Resource Books for Local Government offer local government units andtheir partners easy-to-use, comprehensive resource material with which to take up this challenge. Byproviding LGUs with practical technologies, tested models and replicable exemplary practices, ServiceDelivery with Impact encourages LGUs to be innovative, proactive and creative in addressing the realproblems and issues in providing and enhancing services, taking into account increased communityparticipation and strategic private sector/civil society organizational partnerships. We hope that in using

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FOREWORD

these resource books, LGUs will be better equipped with new ideas, tools and inspiration to make adifference by expanding their knowledge and selection of replicable choices in delivering basic serviceswith increased impact.

The DILG, therefore, congratulates the Philippines-Canada Local Government Support Program (LGSP)for this milestone in its continuing efforts to promote efficient, responsive, transparent and accountablegovernance.

HON. JOSE D. LINA, JR.SecretaryDepartment of the Interior and Local Government

FOREWORD

ii S E R V I C E D E L I V E R Y W I T H I M P A C T : R E S O U R C E B O O K S F O R L O C A L G O V E R N M E N T

This publication is the result of the collaboration of the following individuals and institutions thatsupport the improvement of the delivery of coastal resource management by local governments to theirconstituents

The Local Government Support Program led by Alix Yule, Marion Maceda Villanueva and Rene “Bong”Garrucho for providing the necessary direction and support

Ricky Nuñez Jr. and Marie Madamba-Nuñez for undertaking the research and roundtable discussionand preparing the technical report which was the main reference for this resource book; and forassisting in the review of the manuscript

Atty. Gerthie Mayo Anda of ELAC for sharing her article Policy and Operational Issues that Impact on EffectiveCoastal Resource Management

Participants to the Roundtable Discussion on Coastal Resource Management held on August 7, 2002in Davao City. Their expertise and the animated exchange of opinions helped shape the technicalreport on which this publication is based:

Mayor Fernando Corvera of San Jose, Antique; Mayor Felix Borromeo of Balingasag; Mayor Ramon Piangand Paulo Cagara of Upi; Jun Sevilla of Muntinlupa City; Cleto Bravo Gales, Jr. of IGaCoS; Edgar Montede Ramos of Baliangao; Pedro Campanano, Leah Rose Calatrava and Dulcesima Padillo of Davao Sur;Melanie Tolentino of Kalibo; Noel Cuartero and Gegi Irong of Tandag; Ray Roquero of the League ofMunicipalities; Nilo Catada of ARMM – BFAR; Marivic Natividad of NEDA XI; Romeo Basada of DENR-CMMO XI; Fatma Chaneco of BFAR-DA, Davao del Sur

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ACKNOWLEDGEMENTS

Aida Laranjo of Pipuli Foundation; Mariter Quinonez of CERD; Alexis Yambao, Gemma Iturralde andRoquelito Mancao of CRMP; Rosalinda Tomas of ESSC; Agustin Zerrudo, Jr. of PDAP; Florante Villas ofPhilDHRRA; Romell Seronay of CCESM/NORMISIST; Diwani Velasquez of CESO-BAP; Dodgie Gualbertoof PCEEM Davao, Inc.

LGSP Managers Merlinda Hussein and Teresita Gajo; LGSP Program Officer Vicente Iriberri

Abe dela Calzada for providing feedback that helped ensure that the resource book offers informationthat is practical and applicable to LGU needs and requirements

Amihan Perez and the Ateneo Center for Social Policy and Public Affairs for their efficient coordinationand management of the project

Giselle Baretto Lapitan and Amihan Perez for their excellent editorial work

Aileen de Guzman and Joyce Reyes for effectively rendering the technical report into user-friendly material

Mags Z. Maglana for providing overall content supervision and coordination with the technical writers

Myn Garcia for providing technical and creative direction and overall supervision of the design, layoutand production

Sef Carandang, Russell Fariñas, Gigi Barazon and the rest of the LGSP administrative staff for providingsupport.

ACKNOWLEDGEMENTS

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S ervice Delivery with Impact: Resource Books for Local Government are the product of a seriesof roundtable discussions, critical review of tested models and technologies, and case analysesof replicable exemplary practices in the Philippines conducted by the Philippines-Canada

Local Government Support Program (LGSP) in eight (8) service sectors that local government units (LGUs)are mandated to deliver. These include Shelter, Water and Sanitation, Health, Agriculture, Local EconomicDevelopment, Solid Waste Management, Watershed and Coastal Resource Management.

The devolution of powers as mandated in the Local Government Code has been a core pillar ofdecentralization in the Philippines. Yet despite opportunities for LGUs to make a meaningful differencein the lives of the people by maximizing these devolved powers, issues related to poverty persist andimprovements in effective and efficient service delivery remain a challenge.

With LGSP’s work in support of over 200 LGUs for the past several years came the recognition of the needto enhance capacities in service delivery, specifically to clarify the understanding and optimize the roleof local government units in providing improved services. This gap presented the motivation for LGSPto develop these resource books for LGUs.

Not a “how to manual,” Service Delivery with Impact features strategies and a myriad of provenapproaches designed to offer innovative ways for local governments to increase their capacities to betterdeliver quality services to their constituencies.

Each resource book focuses on highlighting the important areas of skills and knowledge that contributeto improved services. Service Delivery with Impact provides practical insights on how LGUs can applyguiding principles, tested and appropriate technology, and lessons learned from exemplary cases to theirorganization and in partnership with their communities.

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PREFACE

This series of resource books hopes to serve as a helpful and comprehensive reference to inspire andenable LGUs to significantly contribute to improving the quality of life of their constituency throughresponsive and efficient governance.

Philippines-Canada Local Government Support Program (LGSP)

PREFACE

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ACRONYMS

ADB Asian Development Bank AFMA Agriculture and Fisheries Modernization ActAO Administrative OrderASEAN Association of Southeast Asian NationsBDC Bantay Dagat CommitteeBEMO Bohol Environmental Management OfficeBFAR Bureau of Fisheries and Aquatic ResourcesBgy. BarangayBWP Baliangao Wetland Park CARL Comprehensive Agrarian Reform LawCATD Certificate of Ancestral Domain TitlesCADC Certificate of Ancestral Domain ClaimCBFMA Community-Based Forest Management AgreementsCBRMP Community-based Coastal Resource Management ProjectCEP Coastal Environment ProgramCERD Center for Empowerment and Resource DevelopmentCLECs Coastal Law Enforcement Councils CLUP Comprehensive Land Use Plan CPR Community Property RightsCRM Coastal Resource ManagementCS Certificate of StewardshipCSI Environment and Development in Coastal Regions and Small Islands Programme

(UNESCO) CVRP 1 Central Visayas Regional Project 1DA Department of AgricultureDAO Department Administrative Order (DENR)

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ACRONYMS

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DFA Department of Foreign AffairsDOF Department of FinanceDOJ Department of Justice DENR Department of Environment and Natural ResourcesECAN Environmentally Critical Areas NetworkELAC Environmental Legal Assistance CenterECC Environmental Compliance CertificateEIS Environmental Impact Statement FARMC Fisheries and Aquatic Resource Management CouncilFARMWB Fisheries and Aquatic Resources in Municipal Waters and BaysFIRMED Fishery Integrated Resource Management for Economic Development (CERD)FLP Fishpond Lease ProgramFSP Fisheries Sector ProgramGEF Global Environment FacilityIATFCEP Inter-agency Task Force on Coastal Environment ProtectionICM Integrated Coastal Management ICCs Indigenous Cultural CommunitiesIPs Indigenous PeoplesIPAS Integrated Protected Area SystemIPRA Indigenous People's Rights ActIUCN International Union for the Conservation of Nature and Natural ResourcesKMCP Katipunan Micro Credit Project LGC Local Government CodeLGCAMP Lingayen Gulf Coastal Area Management ProgramLGSP Philippines-Canada Local Government Support Program

ACRONYMS

LGU Local Government UnitMARIG Maritime Group (PNP)MCDP Marine Conservation and Development Program (Silliman University)MDP Municipal Development FundMITUSILA Misom, Tugas, Sinian and Landing Multipurpose Cooperative MNP Ministry of Natural ResourcesMPAs Marine Protected AreasMSY Maximum Sustainable Yield NAMAHIN Nagkahiusang Mangingisda ng HinatuanNAMRIA National Mapping and Resource Information AdministrationNGA National Government AgencyNIPAS National Integrated Protected Areas SystemNGO Non-Government OrganizationPAMB Protected Area Management BoardPCAIFMC Presidential Commission on Anti-Illegal Fishing and Marine ConservationPCG Philippine Coast GuardPCL Pollution Control LawPCSD Palawan Council for Sustainable DevelopmentPD Presidential DecreePEISS Philippine Environmental Impact Statement SystemPENRO Provincial Environment and Natural Resource Office PFC Philippine Fisheries CodePhilDHRRA Philippine Partnership for the Development of Human Resources in Rural AreasPLA Participatory Learning and Action PLA Public Land Act

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ACRONYMS

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PMO Program Management Office PNMA Philippine New Mining ActPNP Philippine National PolicePO People's OrganizationPP Presidential ProclamationPPDO Provincial Planning and Development Office PRA Participatory Resource Appraisal PWLA Philippine Wildlife ActRA Republic ActRTI Resource Tenure Improvement (PhilDHRRA) SC Sanitation CodeSEP Strategic Environment PlanSIAD Sustainable Integrated Area Development SIBS Social Infrastructure Building and Strengthening (PhilDHRRA)SLAPP strategic litigation against public participationSWMA Solid Waste Management ActTriMARRD Tripartite Partnership in Marine and Aquatic Resource Management and Rural

Development (PhilDHRRA)UNDP United Nations Development ProgrammeUNESCO United Nations Educational, Scientific and Cultural OrganizationUSAID United States Agency for International DevelopmentWB World BankWC Water Code

THE SITUATION IN THE PHILIPPINES

The Philippines has approximately 17,000 kilometers of coastline with 4,951 species of plants andanimals. Of these, 16 species are endemic, while almost a third, or 1,396 species, is economicallyimportant. (PAWB, 1998)

More than 80 percent of the country's population reside within 50 kilometers off the coast of themain islands and are directly and indirectly involved or dependent on fishing.

The coastal communities continue to experience poverty due to declining catch, lack of sustainablelivelihood options and lack of access to basic services such as health and education

They are also threatened and displaced from their settlements by unregulated private and publicdevelopment projects.

LEGAL FRAMEWORK

The Philippine Constitution mandates the state to protect and advance the right of Filipinos to abalanced and healthful ecology that is consistent with the rhythm and harmony of nature. Through theLocal Government Code of 1991, this task was devolved from the Department of Environment and NaturalResources to LGUs. The task includes managing the country's coastal resources.

The passage of the Local Government Code and the Fisheries Code of 1998 has laid the groundworkfor a more local and institutional response to the challenges of coastal resource management. Because

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EXECUTIVE SUMMARY

the sustainable management of municipal waters and the resources within them has been decentralized,responsibility and accountability now rest with local governments and their partner communities.This has significant implications on the perspectives, roles, and capacities required of local governments.

WHAT LGUs CAN DO

The country's extensive experience in CRM, enriched by various initiatives in the past, is filled withknowledge, skills, technologies, and valuable lessons generated and accumulated through time by CRMpractitioners from various sectors. These experiences show that an essential element of successful coastalresource management is the active participation of local resource users and their communities in themanagement of their resource.

It is, however, apparent that community-based or local interventions alone cannot solve critical CRMissues. What are needed to resolve them more effectively are a more integrated effort from bothnational and local agencies, and a more holistic approach to issues that cut across interdependentecosystems (i.e., watershed, uplands, forest, lowland and coastal ecosystems). Such interventionsrequire a broad base of human and institutional support.

WHAT HAS BEEN DONE

Coastal resource management efforts in the Philippines evolved within the last 25 years. Non-government organizations (NGOs), people's organizations, academic and research institutions,government agencies, and international lending institutions have undertaken various community-basedprojects. They got involved as a response to increasing poverty and extensive environmental degradationin the coastal areas. (Ferrer, 1995)

EXECUTIVE SUMMARY

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The pioneering efforts of NGOs and the academe were eventually followed by government initiatives.The first of these is the Central Visayas Regional Project 1 (CVRP 1), a pilot project in community-basedrural development supported by the World Bank from 1984 to 1992. It focused on watershed managementand near-shore fisheries development in four provinces. (White and Degint, 1999) A significant resultof the project was heightened interest in government policy reform and increased involvement of NGOsin addressing CRM issues. (Ferrer, 1996)

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EXECUTIVE SUMMARY

The continuing pattern of decline, degradation, and mismanagement of coastal resourcesthreatens the country’s source of food and livelihood, and thus poses a challenge to naturalresource managers. The current state of Philippine coastal resources warrants urgent and

effective intervention, and the active involvement and participation of all those who have a stake in theseresources.

One essential element of a successful coastal resource management strategy is the active participationof local resource users and their communities but this factor alone cannot solve critical CRM issues. Amore integrated effort is necessary from both national and local agencies, which should effectively addressissues that cut across interdependent ecosystems (i.e., watershed, uplands, forest, lowland and coastalecosystems). Such interventions require a broad base of human and institutional support.

In the Philippines, CRM practitioners need to address the following challenges to skillfully manage thecountry’s rich natural resources:

National government agencies redefining their role from a predominantly control-oriented institution(characteristic of a centralized management system) to one of “facilitator” or “enabler,” providingtechnical assistance in terms of capacity-building of local governments and their partner institutionsin research and technology development, training of human resources, as well as facilitating fundingmechanisms to augment limited local resources;Strengthening and clarifying roles, policies, programs, and services of various government agenciesinvolved in CRM through more effective mechanisms supported by written contracts or agreementsbetween and among these institutions whenever necessary (e.g., Department of Agriculture [DA],Department of Environment and Natural Resources [DENR], Department of Finance [DOF] andNational Anti-Poverty Commission [NAPC] among others);

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INTRODUCTION

NGOs and academic institutions becoming more active partners with local government units in sharingtheir expertise in community organizing and other forms of technical support.

It is with this thought in mind that this resource book on coastal resource management was developed.The primary aim of this book is to supplement the primer “An Introduction to Coastal ResourceManagement for Local Government Officials and Community Organizers”previously published by theDA by addressing topics not covered by the primer. These include examples of good practices in CRM,along with policy issues and recommendations as articulated by CRM practitioners in the country. Itfocuses on the doables at the LGU level, rather than the very technical aspects of coastal resourcemanagement. This resource book is also designed to provide information and insights that will enableLGUs to expand their present knowledge of coastal resource management practices and experiences.

The book specifically aims to: (1) provide local government units (LGUs) with information on thedevelopment challenges, working models, and exemplary practices on coastal resource managementthat could be studied, addressed, and replicated when appropriate; (2) enhance LGUs’ understandingof the mandates that govern the delivery of services, help prepare them for more effective work, andassist them in identifying opportunities for further policy development; and (3) guide LGUs in identifyingreferences, tools, and sources of help that could enable them to improve their delivery of CRM.

LGUs can use this resource book to overcome obstacles in implementing proper coastal resourcemanagement strategies. The book presents inspiring, innovative, and excellent ways of providingservices to communities that need them. The experiences documented here encourage LGUs to startsmall, think big, and scale up fast in implementing coastal resource management initiatives. All theseare found in the book’s three chapters:

INTRODUCTION

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Chapter 1. Policy and Operational Issues that Impact on Effective Coastal Resource Management.This section discusses the various CRM issues, concerns, and recommendations as articulated by thepaper of Atty. Anda. It pays attention to issues on general management, resource use, tenure andcommunal rights, enforcement and conflict resolution. It also highlights emerging innovations in CRM,particularly in Palawan.

Chapter 2. Good Practices in Coastal Resource Management. This puts together and describes theactual experiences of LGUs, communities, and DENR in what CRM practitioners and experts regard asgood practices in coastal resource management. Given the complexity of the task, good practices covera broad range of activities and go beyond actual rehabilitation and protection works.

Chapter 3. References and Tools. This chapter lists materials and references that could be useful toLGUs. These materials cover a broad range of topics—from general concepts and programs to very specificprojects and approaches. This section also lists some study tour sites.

LGU mandates and other policies concerning coastal resource management are cited in the Annex.

For CRM to improve, LGUs need to play an active role and indicate to their respective communities whatthey can do on their own to contribute their share. Armed with the necessary knowledge and inspiredby stories of others who have taken on the challenge, more LGUs can hopefully pull the country awayfrom impending disaster and help ensure a sustainable source of food and livelihood for all.


INTRODUCTION

POLICY AND OPERATIONAL ISSUES THAT IMPACT ONEFFECTIVE COASTAL RESOURCE MANAGEMENT

CHAPTERONE 1


CHAPTER 1❙ LEGAL FRAMEWORK by Atty. Gerthie Mayo Anda, Executive Director, ELAC

◗ STATE OWNERSHIP OF NATURAL RESOURCES

Management of the coastal zone and the resources within it is anchoredon the basic national policy that all natural resources belong to thestate1. The Spanish colonizers in the Philippines first introduced a policycalled the Regalian Doctrine (also known as Jura Regalia) almost 500 yearsago through the Laws of the Indies and the royal cedulas. The Americancolonizers through the Public Land Acts and the judiciary later adoptedit. Ultimately, this doctrine was embodied in the Philippine Constitution.

The Regalian Doctrine establishes the responsibility of the state, asowner of these natural resources, to protect and conserve these for thepresent and future generations. Under this system, the governmenthopes to generate growth and development by raising revenues andimposing penalties related to natural resource use.

This framework, however, lacks a system of direct accountability on thepart of the government. Any impact on the environment and resourcebase is usually borne by affected residents or local communities.Moreover, because government often lacks the will to regulate theuse of coastal resources and enforce environmental laws, resources areaccessible to everyone to either use or destroy.

POLICY AND OPERATIONAL ISSUES THAT IMPACT ONEFFECTIVE COASTAL RESOURCE MANAGEMENT

The Regalian Doctrine

establishes the responsibility

of the state, as owner of

these natural resources, to

protect and conserve these

for the present and future

generations. Under this

system, the government

hopes to generate growth

and development by raising

revenues and imposing

penalties related to natural

resource use.

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This national policy on resource use, however, is alien to indigenous peoples and it conflicts withtheir customary laws. Customary law on land and natural resources is founded upon the traditionalbelief that no one owns the land except the gods and the spirits, and that those who work the landare its mere stewards2. Such concepts of "possession" and "ownership"- described by national lawsas the exclusive right to possess, own, and alienate as one sees fit-contradicts the traditionalbeliefs of indigenous communities.

Constitutional provisions on the rights of indigenous peoples and the current Indigenous People'sRights Act have counterbalanced the conflict between national law and customary law3. TheConstitution provides that the State recognizes and promotes the rights of indigenous cultural

communities within the framework of national unity and development4.It further provides that the State shall protect the rights of indigenouscultural communities to their ancestral lands to ensure their economic,social and cultural well being.

Republic Act 8371, otherwise known as the Indigenous People's RightsAct of 1997, is the law that concretized the constitutional provisionsrespecting the rights of Indigenous Peoples/Indigenous CulturalCommunities (IPs/ICCs). IPRA recognizes the ownership of IPs/ICCs overtheir ancestral lands/domains and basically deals with the civil, political,social, cultural, and tenurial rights of IPs/ICCs.

◗ MULTIPLICITY OF LAWS AND POLICIES

There is yet no comprehensive legislation that covers all aspects of coastalresource management in the Philippines. Instead, the country has anaggregate of laws, executive and administrative orders dealing withvarious resources and activities in the coastal zone: fisheries, aquaculture,mining and quarrying, tourism, forestry, human settlements, reclamation,

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S E R V I C E D E L I V E R Y W I T H I M P A C T : R E S O U R C E B O O K S F O R L O C A L G O V E R N M E N T

There is yet no

comprehensive legislation

that covers all aspects of

coastal resource

management in the

Philippines. Unlike the

basic ecological principle

that recognizes the

interconnectedness of

ecosystems, existing laws

regard the coastal zone in

a disaggregated manner.

9

ports and harbor development and industrial development. Unlike the basic ecological principlethat recognizes the interconnectedness of ecosystems, existing laws regard the coastal zone in adisaggregated manner.

Foremost among this collective of laws is the Philippine Fisheries Code of 1998 5 that has a hugeimpact on the management of the coastal zone. This law repealed the Fisheries Decree of 1975 6

and several other laws on fishery and aquatic resources. Unlike its predecessor, PD 704, the NewFisheries Code now considers food security as the overriding consideration in the use, management,development, conservation and protection of fishery resources. It also stipulates that as a state policythe exploitation of the country's fishery resources would be on a limited access basis.

This new fisheries law is a codification of existing fishery laws. It consolidates and updates all priorpenal laws related to fisheries and provides for new provisions 7. Significant changes in this newlaw include (i) the jurisdiction of municipal governments over waters 15 kilometers from theshoreline; (ii) limiting the use of municipal waters to fishing operations using boats no bigger thanthree gross tons and using passive gears; (iii) the creation of Fisheries and Aquatic ResourceManagement Councils (FARMCs) at the local and national levels to enable multisectoral participationin the management of fishery resources and implementation of fishery laws 8; and (iv) incorporationof integrated coastal zone management as one of its policy approaches.

The Philippine Fisheries Code has attempted to address more concerns related to coastal resourcesthan its antecedent law, but other laws affecting the coastal zone and its resources continue to apply.One law which impacts on the coastal zone is the National Integrated Protected Areas System (NIPAS)Act of 1992 (RA 7586), a landmark legislation that recognizes the importance of the integratedprotected areas system as a powerful mechanism for the conservation of Philippine biodiversity.The NIPAS law is a process legislation in that it defines a mechanism by which the national parksystem will be governed more realistically, using biodiversity principles, site-specific managementstrategies and public participation. Under this law, all marine-protected areas, reserves, andsanctuaries existing prior to 1992 are considered initial components of the protected area system.


POLICY AND OPERATIONAL ISSUES THAT IMPACT ON EFFECTIVE COASTAL RESOURCE MANAGEMENT 1

The Protected Area Management Board (PAMB), composed of representatives from the Departmentof Environment and Natural Resources (DENR), the local government unit, affected communitiesand private sector, manages the protected area.

Another law is the Agriculture and Fisheries Modernization Act (AFMA)9, which seeks to industrializeagriculture in the country including fisheries. This law provides for zone-based development of specialareas set aside for agricultural and agro-industrial development, and focuses on converting theagriculture and fisheries sector from resource-based to technology-based industries. Given its focuson fishery production, AFMA has serious implications on coastal resources. While the PhilippineFisheries Code focuses on conservation and management, the AFMA prioritizes industrialization. Other laws that deal with the coastal zone include the Water Code10 and the Public Land Act11 whichadminister activities within foreshore areas, such as tourism activity, squatting, port developmentand reclamation. The Philippine New Mining Act12 provides for the management of mining andquarrying activities in the coastal zone. Pollution control in the coastal zone is governed by thePollution Control Law13, the Solid Waste Management Act14, and the Sanitation Code15.

The Philippine Environmental Impact Statement System16 and Department Administrative Order(DAO) No. 96-37 of the DENR govern development projects (such as tourism and industrial estates)that may have an impact on coastal areas. For the conservation and protection of wildlife, it is thePhilippine Wildlife Act17 that provides the rules which LGUs implement.

Another significant legislation that influences coastal resource management is the Local GovernmentCode (LGC)18. It concretizes the constitutional policy on government decentralization anddemocratization. In the past, CRM programs originated from national government agencies suchas the Department of Agriculture-Bureau of Fisheries and Aquatic Resources and DENR. The LGCreversed this process and gave primary management responsibility to local government units. Thus,coastal municipalities and cities are now at the forefront of coastal zone management.

The LGC gives LGUs greater fiscal autonomy through various powers to levy certain taxes, fees, orcharges. This law also provides for people's direct participation in the planning and implementation

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of resource management plans, thus, establishing a system where local communities, NGOs,academic and scientific institutions can become partners of LGUs.

The Philippine Fisheries Code complements the primary management role of local governmentunits as it establishes the jurisdiction of municipal/city governments over municipal waters;assigns to them the enforcement of all fishery laws, rules and regulations; and mandates them toenact ordinances to regulate fishery activities, protect and conserve fishery resources, and assistin the creation of councils where local fisherfolk and NGOs are represented.

◗ OPPORTUNITIES FOR PEOPLE OR LOCAL COMMUNITY PARTICIPATION

The legal framework in the Philippines provides opportunities for the participation of communitiesin the formulation and implementation of local policies as well as in the actual management ofcoastal resources. The 1987 Constitution embodies the following provisions:

a) Democratization of Access to Resources: Direct users of natural resources, such as farmers,forest dwellers, marginal fishermen, are guaranteed the right to continue using such resourcesfor their daily sustenance and survival in accordance with existing laws19. Hence, the Constitutionintroduced the concept of small-scale utilization of natural resources as a mode of naturalresource utilization20.

b) Social Justice: There is a bias for the underprivileged with regard to the development andmanagement of natural resources such that land and other natural resources are madeaccessible to them. Municipal waters for example are reserved for the preferential use ofsubsistence fishers21.

c) Right of the People to a Balanced and Healthful Ecology: The Constitution protects the rightof the people to a "balanced and healthful ecology in accord with the rhythm and harmony ofnature22." The State is mandated to protect, advance and promote the people's right to ecologicalsecurity and health. In the case of Oposa vs. Factoran23, the Supreme Court had occasion to ruleon the interpretation of the constitutional policy on the environment. In this case, the Supreme



12

Court declared the "right to a balanced and healthful ecology" as a self-executory right andrecognized the primacy and centrality of ecological security and health among the many rightsassured by the Constitution.

d) Due Process Clause: The Constitution guarantees the right of the people to life, liberty andproperty, and freedom from undue intervention and usurpation without due process of law. Thus,surface owners or occupants whose rights are based on a Torrens title or a valid tenurialinstrument issued by the government can assert their right to due process when they arethreatened by development and exploration activities.

e) Fundamental Liberties: Besides the right to due process, important provisions include the rightto information and right to people's participation, where the State recognizes and promotes theright of the youth, women, labor, indigenous communities, NGOs, and community-based orsectoral or people's organizations (POs). There is a provision for a people's initiative andreferendum in proposing, amending, rejecting or enacting laws. These policies serve as basisfor community groups to participate in establishing, conserving, managing, and formulatingpolicies and resource management plans.

These policies have been complemented by the Philippine Fisheries Code, which provides for:

a) protecting the rights of fisherfolk, particularly of municipal fisherfolk communities, in thepreferential use of municipal waters;

b) providing primary support to municipal fisherfolk through appropriate technology and research,adequate financial and marketing assistance and other services;

c) managing fishery and aquatic resources in a manner consistent with the concept of integratedcoastal area management in specific natural fishery management areas;

d) establishing Fisheries and Aquatic Resources Management Councils in the municipal andbarangay level to assist LGUs in formulating and enforcing policies.



13

The Local Government Code also provides for participatory policy-making, as follows:

a) representatives of NGOs and POs have seats in almost all councils, leagues and boards;b) resource use or management plans can be enacted into ordinances through the local people's

initiative;24

c) resource use plans formulated by fisherfolk in several barangays or municipalities may beimplemented through the league of barangays/municipalities25

◗ SPECIAL LAW FOR PALAWAN

In recognition of the need to conserve the important ecosystems of the province of Palawan,Congress passed an unprecedented and landmark legislation in June 1992 especially dedicatedto the province. Known as the Strategic Environmental Plan (SEP) for Palawan26, this law seeks toprovide a policy framework for the sustainable development of Palawan. A multipartite bodycalled the Palawan Council for Sustainable Development (PCSD) is mandated to provide policydirection in the implementation of the SEP.

The SEP legislation provides for a zoning scheme called the Environmentally Critical Areas Network(ECAN). ECAN prescribes specific uses for each designated zone. The terrestrial zone coversmountains, ecologically important low hills, and lowland areas in the province. The coastal zonecovers foreshore and mangrove areas, coral reefs, and fishing grounds. Tribal land zones are areastraditionally claimed by indigenous communities as their ancestral territories.

Under the SEP law, the ECAN strategy shall have the following considerations in its implementation:

a) forest conservation and protection through the imposition of a total commercial logging banin all areas of maximum protection and in such other restricted use zones as the PCSD mayprovide;



14

b) protection of watersheds;c) preservation of biological diversity;d) protection of tribal people and their culture;e) maintenance of maximum sustainable yield;f ) protection of rare and endangered species and their habitat;g) provision of areas for environmental and ecological research, education and training;h) provision of areas of tourism and recreation.

To operationalize the ECAN strategy in the coastal/marine areas, guidelines were issued by the PCSDproviding for the following:

a) classification of coastal/marine zones into core zone, multiple use zone and ancestralcoastal/marine waters;

b) preparation of comprehensive local management plan for coastal/marine areas by the LGUthrough its ECAN board with the assistance of the PCSDS, which will be reviewed by the PCSD;

c) identification of zones and preliminary mapping to be undertaken by the LGU and its ECAN boardor a similar body;

d) conflict resolution to be undertaken by the LGU through its ECAN board or similar body;e) declaration of an ECAN map for coastal/marine areas;f ) implementation of the comprehensive local management plan through the enactment of an

ordinance.

❙ JURISDICTIONAL/INSTITUTIONAL ARRANGEMENTS

The diversity of laws governing the coastal zone has resulted in a variety of institutions implementingthese laws, thus giving rise to overlapping institutional mandates. Table 1 (primarily adaptedfrom the Legal and Jurisdictional Guidebook for Coastal Resource Management in the Philippines,published by the Coastal Resource Management Project in 1997) illustrates this situation.



15



Land tenure for localcommunities

Delineation of municipal watersand fishing grounds

Policy formulation

Resource assessments

Statistics gathering

Establishment of protected areas

Mangrove reforestation

Fishery licensing

Fishery law enforcement

DENR, NCIP (in the case of indigenous peoples) 27

NAMRIA28, LGU29, FARMC30

LGU, FARMC, NGA31, DENR

DA-BFAR, DENR, PCAMRD32

Coastal and Marine

DA-BAS33

FisheriesDENR

MangrovesDA-BFAR

Fishponds

LGU, DA-BFAR, DENR, Congress

LGU, DENR

LGUMunicipal waters

DA-BFAROffshore waters

DA-BFAR, LGUAquaculture, Mariculture

LGU, PNP-MARIG34, PCG35, DA-BFAR, deputized fish wardens,Philippine Navy, DENR

Coastal Zone ManagementConcerns/Activities

Institutions Mandated to Address Concern/sand Scope

Table 1. Institutions Mandated to Address Coastal Zone Management Concerns

16



Pollution law enforcement

Land use management

Tourism management

Reclamation

Pollution monitoring, including marinewaters

Establishment of municipal/fishing ports

Research

Foreshore use and occupation

Conflict Resolution

LGU, PCG, DENR

LGU, DENR, DAR36

LGU, DOT37, DENR

DENR (LMB38 and EMB39 ), PEA40

LGU, DENR-EMB, PCG

PFDA41 , PPA42 , LGU

DA-BFAR, DA-BAR, DOST-PCAMRD

LGU, DENR

LGU, FARMCs

Coastal Zone ManagementConcerns/Activities

Institutions Mandated to Address Concern/sand Scope

With regard to the implementation of fishery laws, the Department of Agriculture is mandated underthe Administrative Code of 1987 to, among others, promulgate and enforce all laws, rules andregulations governing the conservation and use of fishery resources. The DA, through the Bureauof Fisheries and Aquatic Resources, carries out this enforcement function but focuses on watersbeyond municipal jurisdiction.

Besides the DA, the DENR also exercises management functions over the coastal zone. The DENR’sprograms, particularly on mangrove conservation and watershed resource management, havesubstantial impacts on the coastal zone and on fishery resources. For instance, fishpond developmentis covered by the environmental impact assessment, which falls within the domain of the DENR.

17

On the provincial, municipal or village level, however, the municipalgovernments exercise management functions. Section 17 of the LocalGovernment Code43 identifies and provides for the devolution of someenvironmental and natural resource management functions from theDENR to the LGUs. The law provides, among others, that:

It is the duty of every national agency or government-owned orcontrolled corporation authorizing or involved in the planning andimplementation of any project or program that may cause pollution,climatic change, depletion of non-renewable resources, loss of cropland,rangeland or forest cover, and extinction of animal or plant species, toconsult with the local government units, NGOs, and other sectorsconcerned, and explain the goals and objectives of the project orprogram, its impact upon the people and the community in terms ofenvironmental or ecological balance, and the measures that will beundertaken to prevent or minimize the adverse effects;44

Prior consultations are required and the approval of the local councilconcerned must first be had before any such project or program maybe implemented; 45

Every local government shall exercise those powers that are essential to the promotion of thegeneral welfare and shall enhance the right of the people to a balanced ecology.46

Given the array of management powers exercised by the LGUs within their territorial jurisdictions,coastal resource management can be considered as among their inherent functions. LGU powersand responsibilities in the coastal zone include protection, regulation, revenue generation, locallegislation, enforcement, provision of services, extension and technical assistance, performance ofinter-government relations, and relations with NGOs and POs.

In Palawan, where a special law governs the management of the sustainable development of itsnatural resources, the PCSD, as the policy-making and governing body, issues resolutions and



LGU powers and

responsibilities in the

coastal zone include

protection, regulation,

revenue generation, local

legislation, enforcement,

provision of services,

extension and technical

assistance, performance

of inter-government

relations, and relations

with NGOs and POs.

18

guidelines to implement the SEP and other related laws. The PCSD’s technical staff called the PalawanCouncil for Sustainable Development Staff or PCSDS, assists the PCSD in formulating guidelinesand their implementation. The PCSDS has been involved in surveying, research, zoning, educationand information dissemination, and law enforcement activities.

It is in the area of law enforcement that overlapping institutional roles are emphasized. At themunicipal or city level, the LGUs take the lead and are assisted by the local FARMCs.

The Presidential Commission on Anti-Illegal Fishing and Marine Conservation (PCAIFMC) or theBantay Dagat Committee (BDC) enforces laws in coastal waters. The Philippine Coast Guard (PCG)has a principal role in the prevention and control of marine pollution and the Inter-agency Task Forceon Coastal Environment Protection (IATFCEP) coordinates various agencies involved in enforcingcoastal environment protection. The PCSDS also gets involved in the apprehension and prosecutionof violators of laws affecting the coastal zone.

❙ ISSUES AND PROBLEM AREAS

If all these national agencies, the LGUs, and other special bodies such as the PCSD in Palawan,accomplished their mandates in coordination with one another, a well-managed coastal zone shouldbe expected. Unfortunately, national agencies suffer from numerous administrative andorganizational weaknesses that undermine their effectiveness. Weak coordination, inflexibility inapproaches to resource use, centralized nature of management, lack of resources, and a dearth ofcompetent and well-motivated staff are key problems that limit their ability to effectively implementtheir mandate.

With so much power bestowed upon local government units under the LGC and the PhilippineFisheries Code, LGUs would conceivably take the lead in establishing a co-management schemefor coastal resources. On the ground, however, this has not been the case. Owing to lack of



19

resources, knowledge, competent staff, and beleaguered by local politics,some LGUs end up taking a passive or reactive, rather than a pro-activeposture.

Consequently, overlapping institutional roles have failed to achieve anintegrated and holistic management of the coastal zone and its resources.

◗ GENERAL MANAGEMENT

Local government units of Puerto Princesa City and the Province ofPalawan have asserted their authority in the past with regard to theprotection of coastal resources. In 1994, the provincial government ofPalawan and the city government of Puerto Princesa passed an ordinanceimposing a five-year moratorium on the gathering and trading of livefish. The moratorium was sought in view of rampant cyanide fishingrelated to the gathering of live fish.

A group of commercial live fish traders questioned before the Supreme Court the authority of LGUsto pass fishery-related ordinances without the approval of the Secretary of Agriculture47. TheSupreme Court upheld the power of LGUs to pass such ordinances, thus:

“under the general welfare clause of the LGC, local government units have the power,inter alia, to enact ordinances to enhance the right of the people to a balancedecology… (I) imposes upon the Sangguniang Bayan, the Sangguniang Panlungsod,and the Sangguniang Panlalawigan the duty to enact ordinances to protect theenvironment and impose appropriate penalties for acts which endanger theenvironment.”



Owing to lack of

resources, knowledge,

competent staff, and

beleaguered by local

politics, some LGUs end

up taking a passive or

reactive, rather than a

pro-active posture.

20

One standing conflict in Palawan has been the applicability of the National Integrated ProtectedAreas System to the province. Since the passage of these laws in 1992, a tussle between the PCSDand DENR has taken place over the management of protected areas in Palawan. It is a raging debatethat illustrates the issue of local control versus centralized national control.

While PCSD asserts that all Protected Areas Management Boards should be under it, the DENR arguesthat the NIPAS provides that administrative control over the PAMBS remains with it (DENR). Thisconflict has hampered initiatives toward the development and implementation of protectedareas management plans. For instance, the mechanism for setting up the Integrated Protected AreasFund for marine reserves such as the Tubbataha Reef National Marine Park and World Heritage Sitecontinues to be raised by the DENR as an issue.

The PAMB, however, of the Puerto Princesa Subterranean River National Park (PPSRNP) and WorldHeritage Site is unique and an exception to the NIPAS and SEP system. Former DENR Secretary AngelAlcala gave the management of the PAMB to the mayor of Puerto Princesa City thus enabling theLGU to take the lead in governing the protected area. The LGU played a key role in expanding theformer St. Paul Park and establishing it as a World Heritage Site. International agencies such as theInternational Union for the Conservation of Nature and Natural Resources (IUCN), the UnitedNations Economic, Scientific and Cultural Organization (UNESCO), and the United NationsDevelopment Programme (UNDP) provided their valuable support and technical assistance to theLGU’s initiatives.

When the reins of leadership in DENR changed, however, DENR regional officials lobbied for theirassumption of the PAMB management. For some time in 2001, there were two PAMBs—oneformed by the DENR, and the other, led by the LGU—with each PAMB having its own parksuperintendent. A series of dialogues and meetings between the DENR and LGU sought to resolvethis conflict.



21

In marine protected areas within ancestral domains, management becomes more complicated. Anarray of management and enforcement bodies has to be dealt with—the IP Council of Elders orPO Board, DENR-Protected Areas Management Board, the LGU, the FARMC, or the DA-BFAR. InPalawan, there is the ECAN Board or the PCSD that has authority over the establishment andimplementation of zoning schemes.

◗ REGULATION OF RESOURCE ACCESS/USE

Since the government has full control over coastal areas, the issuing authorities in resource accessand use permits are still the national government and the LGUs. In offshore and commercialfishing and aquaculture, the DA-BFAR remains to function as a regulatory body. The LGU issuespermits for municipal fishing and activities within municipal waters, except for fishponds. The DENRissues tenure instruments such as the Community-Based Forest Management Agreements (CBFMA)over mangrove areas.

The tendency of some LGUs to issue permits allowing for exploitation of coastal zones andmunicipal waters has come in conflict with community management initiatives. Permits issued topearl farms, seafood-processing entities, and tourist establishments, and the continued toleranceof illegal fishpond development activities by LGUs and government agencies are deterrents tocommunity management of municipal fishing grounds. Likewise, attempts to protect foreshore areaswere thwarted by the issuance of LGU permits to tourist resort operators who have set up structuresalong the foreshore despite the absence of an ECC or foreshore lease.

Another conflict is in the regulation of sand quarrying and pebble quarrying activities. Under thenew fisheries code, quarrying of white sand is not allowed. Some LGUs, however, allow thequarrying of white sand even without an environmental impact assessment. Often, the issuanceof Environmental Compliance Certificates (ECCs) by the DENR for quarrying operations comes muchlater than quarry permits issued by the provincial governor.



22

◗ TENURE, COMMUNAL PROPERTY RIGHTS AND INDIGENOUS/COMMUNITYRESOURCE MANAGEMENT SYSTEMS

Advocates of community-based resource management (CBRM) assert that the foundation ofcoastal resource management starts with the community’s control of the use, management of, oraccess to, the resource. This entails the establishment of communal property rights (CPR), whichincludes attaining tenurial security for local communities.

In the case of indigenous groups or communities, attaining CPR is institutionalized because the Staterecognizes ancestral domain titles over land and waters. The Certificate of Ancestral Domain Titles(CADTs) appears to be a powerful instrument for indigenous groups or peoples (IPs) to assert controlover the resources covered by their title.

One apparent problem is the lack of support by local government units and migrant communities.Some LGUs claim that ancestral domains and lands do not completely divest them of theirterritorial jurisdiction, and assert that IP communities continue to be covered by municipalordinances and rules issued by them.

LGUs can intimidate IP groups in many ways, one of which is through the imposition of taxes. TheIPRA law, for instance, provides that those portions of ancestral domains or lands used for residentialpurposes can be subject to taxes.

In the area of Ulugan Bay and St. Paul Bay in Puerto Princesa City, Palawan, the sense of securitygiven the Batak and Tagbanua communities by their certificate of ancestral domain claim (CADC)is threatened by competition posed by settlers, migrants, and other stakeholders. Their inabilityto compete with both marginal and commercial fishers and other stakeholders in the use ofUlugan Bay and St. Paul Bay has given rise to food insecurity and a feeling of instability about theirfuture48. This has made them consider reclaiming their traditional fishing grounds as a way ofinvoking their rights to a physical space that was once theirs49.



23

The experience of the Tagbanua community of Coron Island, Municipality of Coron in NorthernPalawan also highlights issues on resource use and management. The Tagbanuas of Coron Islandwere awarded the first CADC to cover land and waters in the Philippines, consisting of some22,000 hectares. While the indigenous community secured rights over their domain, they continueto deal with threats posed by migrants, private groups, and the local government unit.

The LGU opposed the recognition of the ancestral waters before the DENR and even threatenedto institute legal action. The DENR and the LGU continue to issue use permits over Coron Island andrecognize private claims on the basis of tax declarations. The mayor allowed pearl farming to operatein the surrounding waters of Coron Island without notifying the Tagbanua community. The LGUand Department of Tourism identified Coron Island as tourism potential without even discussingthe matter with the Tagbanuas. Were it not for the intervention of NGOs who facilitated thedialogue between the indigenous community, LGU, DENR and private groups, the Tagbanuaswould not have been included in the tourism planning process.

Conflict arose when the Tagbanua community imposed entrance fees or resource user’s fees totourists or visitors who visited the pristine Kayangan Lake within their ancestral domain. Theentrance fee was considered too high by the LGU and tourism association in Coron. Anotherissue raised by the tour operators was the absence of an official receipt. Having perceived this matteras an unresolved issue, the tourism association decided, for the time being, not to include KayanganLake in their regular tours. After a series of meetings, however, the Tagbanua community decidedto reduce the entrance fee.

In the context of non-IP communities dependent on mangrove forests, tenurial instruments areawarded as CBFMAs or individual Certificate of Stewardship (CS) within identified CBFMA areas.However, the institutionalization of CPR in relation to municipal fishing grounds is difficult underthe current legal system. Waters or water bodies are generally owned by the State as provided bythe Constitution. Except for IPRA, there is no other law that provides for the application of CPR in



24

municipal fishing grounds. Migrant fishing communities usually find themselves at a losing endespecially when big commercial interests such as pearl farm owners, tourist resorts, or quarryoperators deprive them of fishing and navigational areas or the use of foreshore areas.

◗ LAW ENFORCEMENT

Some law enforcement agencies tend to be conservative and passive in the implementation of theirmandate, consequently hindering law enforcement efforts. In one case, the BFAR office in Palawanreleased a commercial fishing vessel seized by the Philippine Navy last November 1999 forconducting muro-ami50 operations in Southern Palawan. The Navy personnel submitted thedocuments and turned over the vessel to BFAR on the premise that BFAR Palawan would assist themin instituting the appropriate administrative or judicial action.

BFAR personnel released the vessel purportedly because of lack of evidence and to avoid anyharassment suit from the vessel’s owner. The BFAR personnel also argued that since the vessel wascaught in the municipal waters of Brooke’s Point, Southern Palawan, it is the local government unitthat should initiate legal action since it is within their jurisdiction. Were it not for the timelyintervention of the media and environmental NGOs, this case would just have been part of the archiveof muro-ami violations and then forgotten.

Another problem lies in the handling of poaching which is defined under Section 87 of theFisheries Code as fishing by any foreign person, corporation or entity in Philippine waters. Underthis provision, “the entry of any foreign fishing vessel in Philippine waters shall constitute primafacie evidence that the vessel is engaged in fishing in Philippine waters.” 51

Navy and police personnel usually file two cases against poachers—one for illegal entry andanother for poaching. They complain that the illegal entry case is usually dismissed by theprosecutor’s office on the ground that the act of illegal entry is already absorbed in poaching.Enforcement agencies argue otherwise because these are two separate crimes governed by two



25

special laws. This problem is exacerbated by the prosecution and court—often at the behest of national executive agencies such as the Departmentof Foreign Affairs (DFA) and the Department of Justice (DOJ)—releasingthe fishing vessels and the confiscated fishing paraphernalia.

Another conflict area is the custody of the seized fishery and coastalresources (e.g., fish, corals, quarry materials), vehicles, vessels, and otherparaphernalia used in the commission of the environmental crime. Lawenforcement personnel and environmental NGOs assert that these seizedmaterials are used as evidence and, therefore, cannot be released.Unfortunately, there were cases where seized products, vessels, andparaphernalia were released by the executive agency, prosecutor’s office,or the court.

Still another problem faced by law enforcement agencies, including localcommunities that participate in enforcement, is the long, tedious courtlitigation and the harassment or SLAPP (strategic litigation against publicparticipation) suits filed against them when they apprehend violators.

Law enforcement personnel and affected communities believe that theimpact on the violator and on the affected resource must be immediate to make sure that justiceis given to both the environment and community users. Other creative, expeditious forms ofsanctions such as administrative fines, seizure or impoundment of the paraphernalia used in theenvironmental crime, or rehabilitation of the destroyed area are thus necessary.

Existing customs and traditions of indigenous peoples on conflict resolution and decision-makingprovide interesting insights on alternative enforcement mechanisms. However, some localgovernment officials are threatened by such initiatives and have failed to appreciate thecomplementary value of indigenous systems in law enforcement.



Still another problem

faced by law enforcement

agencies, including local

communities that

participate in

enforcement, is the long,

tedious court litigation

and the harassment or

SLAPP (strategic litigation

against public

participation) suits filed

against them when they

apprehend violators.

26

A case in point is the community-based enforcement initiatives of the Tagbanua community inBarangay Malawig, Municipality of Coron, Northern Palawan. Having heard about and seen thelackadaisical attitude of law enforcement agencies toward illegal activities, the community decidedto initiate its own law enforcement activities to curb illegal fishing activities within its ancestral domain.

In several instances in 1999, members of Bantay Dagat/Kalikasan, a Special Task Force of theTagbanua Foundation of Barangay Malawig apprehended fishermen who engaged in blast andcyanide fishing within the ancestral domain/water claims of the Tagbanua. The members of theBantay Dagat confiscated the fishing boat and all fishing paraphernalia and turned over the itemsto the custody of the Tagbanua Foundation.

After these confiscations, the Tagbanua community met to discuss options: taking all the seizeditems to town and turning them over to the police while preparing all the legal documents for thesubsequent filing of a case or cases against the illegal fishers; or trying the case under the tribaljustice system and imposing traditional sanctions. This was perfectly legal under Sec. 15 of theIndigenous Peoples Rights Act (RA 8371).

The tribal council agreed to meet and settle the case. However, in several instances, the local officialsintervened and pressured the indigenous community to release the confiscated vessel and fisheryparaphernalia. The interference of municipal officials suppressed the initiatives of the Tagbanuain guarding their ancestral territory.

◗ CONFLICT RESOLUTION/MANAGEMENT

Indigenous communities have—under IPRA law—the right to use their own commonly acceptedjustice systems, conflict resolution institutions, peace-building processes or mechanisms, andother customary laws and practices within their respective communities and as may be compatiblewith the national legal system and internationally recognized human rights52. Under the LocalGovernment Code, certain civil and criminal cases pass through the barangay conciliation systembefore they reach the court.



27

The experience of most indigenous communities in Palawan is thatboundary disputes, taxation issues, and cases involving encroachment bylarge commercial fishers on municipal waters are brought to the LGU.Somehow, with some indigenous leaders occupying barangay positions,there is an interface of formal barangay structures and the non-formalindigenous management structures.

While government policy considers conflict resolution mechanisms oflocal communities in the formulation of coastal resource managementplans, the tendency is to have these conflicts brought before the LGU, thecourts, or administrative agencies such as the DENR.

It would help community initiatives if the legal system recognized the valueof non-formal community management structures and used suchmechanisms in the resolution of resource use conflicts in the coastal zone.

❙ EMERGING INITIATIVES/ATTEMPTS: THE PALAWAN EXPERIENCE

◗ INTER-AGENCY AGREEMENTS TO HARMONIZE OVERLAPPINGMANDATES

With regard to the jurisdictional conflict between PCSD and DENR, bothinstitutions realized that any attempt to amend existing legislation creating them would entail along and tedious process. Other remedies to resolve this seeming legal impasse were undertaken.The DENR, for instance, sought the legal opinion of the Department of Justice (DOJ).



Indigenous communities

have—under IPRA law—

the right to use their own

commonly accepted

justice systems, conflict

resolution institutions,

peace-building processes

or mechanisms, and

other customary laws

and practices within their

respective communities

and as may be

compatible with the

national legal system

and internationally

recognized human rights.

28

The DOJ released two opinions that established the harmonization of the SEP and NIPAS laws andclarified the roles of the DENR and PCSD. DOJ Opinion No. 90, series of 1994, states that the“subject laws are statutes in pari materia”because while the NIPAS law is general and the SEP is special,“both laws address the issue of conservation, protection, management and sustainable developmentof natural resources of the country”. The DOJ further opined that the PCSD “is vested with the powerto enforce the provisions of the SEP law and other existing laws, rules and regulations similar toor complementary with the SEP law.” In Opinion No. 136, the DOJ stated that the PCSD and DENRwould jointly manage protected areas in Palawan—the PCSD assuming primary responsibility overpolicy-making and the DENR providing technical assistance.

Guidance from the DOJ was complemented by a series of meetings and dialogues between topofficials of concerned agencies. Ultimately, a Memorandum of Agreement (MOA) was entered intobetween the PCSD and DENR to systematize the process of policy implementation and management.Another MOA was prepared with respect to specific marine protected areas such as the TubbatahaReefs. Between the DA and the PCSD, a MOA has yet to be prepared.

It is worth noting that an action for declaratory relief was filed by the former mayor of themunicipality of El Nido before Branch 50 of the Regional Trial Court of Palawan and Puerto Princesa.It sought to have the SEP law declared as the law of primary application in the said municipality.The court, while recognizing the complementarity of the goals of the SEP and NIPAS laws, decidedthat the SEP law is the “law of primary application in the Municipality of El Nido, Palawan in its stateas a protected area and that all other laws are, in so far as they are not inconsistent with SEP, merelysuppletory”(page 11, DECISION, Civil Case No. 3100). It must be noted, however, that the decisionwas appealed by the DENR.

On the matter of coastal/marine law enforcement, a Memorandum of Agreement was also enteredinto in 2001 between the PCSD, DENR, DA-BFAR, all law enforcement agencies such as thePhilippine National Police-Maritime Group (PNP-MARIG), Philippine Coast Guard, NGOs andmultisectoral law enforcement bodies and task forces. In this agreement, each agency identified



29

its roles and responsibilities. Due to insufficient resources, however, multisectoral planning has notbeen undertaken.

The present arrangement is that certain bodies such as PCSD, DENR, PCG, PNP-MARIG, DA-BFARand NGOs meet on specific coastal zone issues such as poaching, quarrying of sand and pebbles,illegal fishpond development, mangrove destruction, and marine mammal rescue activities.

◗ COLLABORATIVE UNDERTAKINGS AMONG INTERNATIONAL, NATIONAL, ANDLOCAL INSTITUTIONS TOWARD CRM AND CBCRM

The Coastal Resource Management and Sustainable Tourism in Ulugan Bay, a pilot project ofUNESCO, supported by UNDP, with the collaboration of the government of Puerto Princesa City,and implemented together with national scientific institutions and NGOs, is a good example of howpartnership between various institutions can lead to a comprehensive approach to the managementof a specific coastal area.

UNESCO implemented the two-year project under the umbrella of its Environment and Developmentin Coastal Regions and Small Islands Programme (CSI) which is devoted to developing “wisepractices” that achieve culturally appropriate, socially balanced, and environmentally sounddevelopment in coastal regions and in small islands.

This project is part of a strategic effort to save one of the most ecologically diverse, yet threatenedareas in the Philippines. Ulugan Bay accounts for 15 percent of the total mangroves in thePhilippines and 50 percent of the mangroves in the province of Palawan53.

The Ulugan Bay project adopted a bottom-up approach in developing a working empirical modelfor community-based coastal resource management. The model is anchored on a collective effortof the local government unit, national scientific institutions, NGOs and local communities. Variouscore activities were identified with each partner institution getting involved in every activity.



30

The project started with four studies dealing with the ecology of the bay, traditional resource useand culture of the indigenous communities, socio-economic profile, and tourism potential. This wasfollowed by specific activities, namely, the implementation of sustainable fish farming, establishmentof a fisheries database, the development of a masterplan for community-based sustainabletourism, and the conduct of non-formal environmental education for youth and adults.

The Ulugan Bay project illustrates how a partnership between various institutions at all levels canlead to mobilization and sharing of resources, as well as technical assistance. Among the keylessons gleaned from the project include the following:

(a) Gathering of high quality data and communicating the results to policy-makers are crucial forthe development of correct coastal zone management practice. For example, studies ontraditional, indigenous knowledge and resource management systems provided projectimplementers with insights on the perspective of indigenous communities toward tourism. Italso stressed the need to recognize the traditional management systems of indigenouscommunities within their ancestral domains.

(b) Enhancement of local community participation in coastal environment conservation—from theearliest stages of planning and management to actual implementation—coupled with the useof traditional community knowledge ensures effective implementation.

(c) Adopting an interdisciplinary and inter-sectoral approach at all levels of planning andimplementation results in cooperation and integrated management, and reduces the social costsassociated with overlapping jurisdictional and management issues.

(d) Local community participation in law enforcement is an essential tool to effective coastalarea management.

(e) More efforts should be invested to stimulate the exchange of experiences from successful modelsof coastal resource management.

The same partner institutions involved in the pilot project intend to continue the partnership throughanother integrated project, which will focus on zoning, enterprise development, and additional



31

institutional strengthening activities. While the proposal for the next phase is still being completed,UNESCO assisted its partner NGO, the Environmental Legal Assistance Center (ELAC) in securingsupport for its planned CBCRM for Ulugan Bay. UNESCO likewise provided funds for capacitybuilding of local community tour guides in the Puerto Princesa National Park and Heritage Site, forthe refinement of their CBST plans, and for the construction of the Ugong Rock Interpretive Centerand View Deck.

ELAC’s CBCRM project and UNESCO’s continuing support for Community-Based SustainableTourism activities are important steps toward strengthening the gains achieved during theUNESCO/UNDP/Puerto Princesa City Coastal Resource Management and Sustainable Tourism inUlugan Bay project, particularly, in the area of capacity-building.

Through non-formal environmental education and training, community organizing, resourcemanagement planning, legal defense, provision of land tenure, and policy advocacy, the CBCRMprogram seeks to continue the capacity-building efforts undertaken during the UNESCO/UNDP/PPCproject to further equip the coastal communities in Ulugan Bay with the capacity to manage, protect,conserve and judiciously use their resources. The program also seeks to give resource tenurial securityto the coastal and indigenous communities.

Continuing education on environmental laws, and training on resource management planning,enterprise development and environmental law enforcement, will enable fisherfolk to assume anactive role in formulating appropriate local plans and policies attuned to their needs. Providingcommunities with secure tenure over their land and resources will strengthen the community’sparticipation and interest in conserving resource-rich areas.

◗ FORGING PARTNERSHIPS AMONG LGUs, NGOs, AND LOCAL COMMUNITIES

In Palawan, some LGUs have forged partnerships with NGOs and local communities in formulatinglocal ordinances and enforcing environmental laws. In the case of Puerto Princesa City, NGOs



32

participated in the formulation of a citywide fisheries ordinance in 1996 and helped facilitatecommunity consultations to ensure that proposals from the community will be considered. Recentinitiatives include the establishment of marine protected areas or sanctuaries and formulation oftourism guidelines.

In several instances, law enforcement agencies fail to assert their mandate when the violator is apowerful one. To bolster government’s effort in law enforcement, some agencies like the DENR, BFAR,and LGUs have deputized community members or private citizens. The deputized citizens aremobilized for monitoring, patrolling, and apprehension activities.

Existing policies support this initiative. While the DENR has a program for the organization of DeputyEnvironment and Natural Resource Officers (DENROs)54, the BFAR has a continuing program fordeputizing fish wardens. The new Philippine Fisheries Code provides for community-based councilssuch as the FARMCs, which are tasked to assist in law enforcement.

In a novel display of initiative in late 1999, with the support of ELAC, the former Puerto PrincesaCity mayor deputized fisherfolk leaders and paralegals as volunteer community paralegals of thecity government. As a result, local fisherfolk and indigenous communities in Puerto Princesa Cityhave actively participated in monitoring violations of environmental laws such as illegal fishing,illegal logging, illegal quarrying, and pollution.

The formation of community-based enforcement teams included the conduct of education andtraining on legal framework, remedies, and legal procedures. Often, the participation of governmentenforcement personnel in these trainings enhanced the building of linkages and partnershipsbetween government, NGOs, and community members.

The new city administration continued this initiative by continually deputizing these communityparalegals and supporting plans for deputizing new paralegals from other barangays/villages.



33

Moreover, in partnership with barangay and some municipal officials,community members and NGOs are advocating for an ordinance thatwould ensure speedy justice and resolution of environmental cases. Takingoff from the concept of the indigenous justice system, the ordinance canprovide for seizure and confiscation as an alternative enforcementmechanism. This will be applied in cases where the legal seizure;confiscation; and appropriation of vehicles, vessels, equipment such aschainsaw, fishing gears, and other paraphernalia will redound to thebenefit of the community at large and reduce the incidence ofenvironmental offenses. Such action should be pursued in conjunction with,or in lieu of, traditional litigation.

These initiatives are critical interventions in ensuring the effectiveenforcement of environmental laws by local governments, communities,and NGOs.

❙ INSIGHTS/LESSONS

The experience in Palawan has shown that the solution to policy andmanagement issues is not always new laws, policies, and guidelines.Answers can be found in building linkages and leverages, organizationaldevelopment of institutions and stakeholders, training, and other formsof capability-building, public information, or research.

The Ulugan Bay project, as well as partnerships between LGUs and NGOs, have shown that despitethe overlapping jurisdictions and management systems that deter integrated coastal management,partnerships and collaborative undertakings among various institutions in all levels can beestablished and developed. It is critical, however, that such partnerships recognize the importantcontributions of local, traditional knowledge, and customary laws.



The experience in

Palawan has shown that

the solution to policy and

management issues is not

always new laws, policies,

and guidelines. Answers

can be found in building

linkages and leverages,

organizational

development of

institutions and

stakeholders, training,

and other forms of

capability-building, public

information, or research.

34

The following insights thus deserve emphasis:

CONTINUING REVIEW AND HARMONIZATION OF LAWS, RULES, ANDREGULATIONS RELATING TO COASTAL RESOURCE MANAGEMENT

Some CBRM and CRM practitioners have proposed the codification of laws and policies relating tocoastal management. This is a tall order given the nature of the legislative process. In lieu ofcodification, an attempt to review all laws and policy guidelines can be attempted to harmonizecertain concepts and operational guidelines, and identify opportunities for enhancing the presentCBRM/CRM work. Identifying these opportunities can guide and sharpen the focus of localcommunities and CBRM/CRM practitioners in their conduct of capability-building activities,advocacy work, and in their engagement with LGUs, government agencies, and the private sector.

SUSTAINING CREATIVE MODES OF ENGAGEMENT OR PARTNERSHIP AMONGNATIONAL AGENCIES, LGUs, LOCAL COMMUNITIES, AND NGOs

Dealing with the dynamics of politics, especially at the local level, is a continuing challenge. A changein the administration of a city or province can either enhance or deter current managementinitiatives or partnerships in the coastal zone. Certain CRM-related programs are discontinued,commitments under a memorandum of agreement are not complied with, and some localgovernment personnel are replaced, not on account of qualifications, but of political party loyalties. It is therefore important to develop sustainability mechanisms that would keep up or strengthenworkable inter-agency, multisectoral, or multi-institutional engagements and partnerships. Onemechanism would be embodying coastal management programs in local legislation, which wouldlikewise provide for a regular budget allocation from government coffers. Without resources to hireand build the capacity of personnel and support field operations, coastal management programscannot continue.



35

SUSTAINING COMMUNITY INITIATIVE AND INVOLVEMENT

It is likewise necessary that initiatives on the ground or community level are sustained and remainunaffected by local politics. The tenure of local officials may end but local communities willcontinue to be dealing with the same management problems in their areas. There is no substituteto an organized, well-informed and (economically and politically) empowered local community thatcan deal with a range of stakeholders (government agencies, local officials, and migrants) as wellas political tendencies. To ensure a cohesive and sustained community involvement, bottom-upapproaches to coastal zone management planning, implementation, monitoring, and evaluationactivities must be consistently applied and enriched.

Local communities and their people’s organizations must learn to constantly engage governmentin adopting practical solutions to jurisdictional conflicts and law enforcement problems,strengthening indigenous knowledge and community resource management systems, andsecuring ample resources for CBRM work (especially surveys, mapping, and resource managementplanning).

LESSONS AND INSIGHTS

Lessons and insights gleaned from CRM or CBRM work must continually be documented becausethey eventually shape laws and policies on coastal resource management. As aptly stated byformer US Supreme Court Justice Oliver Wendell Holmes, the life of the law is not logic butexperience. Law is experience developed by reason and applied continually to further experience55. We should explore various opportunities for sharing these experiences among commonenvironments on a province-wide, regional, or national scale. This is strategic in that it will be ableto enrich “wise practices” on coastal resource management.



36

◗ ENDNOTES

1 See Art. 12, Sec. 2, Philippine Constitution.2 See Ponciano L. Bennagen, "Indigenous Attitutdes Toward Land and Natural Resources of Tribal

Filipinos," NCCP Newsletter, vol. 31 (National Council of Churches in the Philippines, October-December, 1991).

3 Republic Act (RA) No. 8371.4 See Art. 2, Sec. 22, Philippine Constitution.5 RA No. 8550 (1998).6 Presidential Decree (PD) No. 704.7 See Department of Environment and Natural Resources (DENR), Bureau of Fisheries and Aquatic

Resources of the Department of Agriculture, Department of Interior and Local Government andCoastal Resource Management Projet, 2000. Philippine Coastal Management Guidebook No. 2:Legal and Jurisdictional Framework for Coastal Management in the Philippines. CoastalManagement Project of the DENR. Cebu City, Philippines, p. 16.

8 RA 8550, Sections 4 (57), 4 (58), 16 and 18.9 RA 8435 (1998).10 Presidential Decree No. 1067.11Commonwealth Act No. 141 (1936).12 RA 7942 (1995).13 PD 984.14 RA 9003 (2001).15 PD 856.16 PD 1586 (1978).17 RA 9147.18 R 7160 (1991).19 See 1987 Philippine Constitution, Article 13, Sections 4, 6 and 7. 20 See 1987 Philippine Constitution, Article 12, Section 2, paragraph 3. 21 1987 Philippine Constitution, Article 12, Section 3.



37

22 Constitution, Article 2, Section 16.23 224 SCRA 792.24 Section 120, RA 7160.25 Sections 491 to 507, RA 7160.26 RA 7611 (1992).27 National Commission on Indigenous Peoples.28 National Mapping and Resource Information Authority.29 refers to local government unit, such as municipality or city.30 Fisheries and Aquatic Resources Management Council.31 Refers to national government agency, such as DENR or DA.32 Philippine Council for Aquatic and Marine Research and Development, one of the sectoral

planning councils under the Department of Science and Technology (DOST).33 Bureau of Agricultural Statistics.34 Philippine National Police-Maritime Group.35 Philippine Coast Guard.36 Department of Agrarian Reform.37 Department of Transportation.38 Land Management Bureau under the DENR.39 Environmental Management Bureau.40 Philippine Estates Authority.41 Philippine Fisheries Development Authority.42 Philippine Ports Authority.43 RA 7160 (1991).44 Section 26, RA 7160.45 Section 27, RA 7160.46 Section 16, RA 7160.47 This is the case of Alfredo Tano, et al. versus Hon. Gov. Salvador Socrates, et al. (G.R. No. 110249,

August 21, 1997).48 See United Nations Educational, Scientific and Cultural Organization (UNESCO) Jakarta Office,



38

Environment and Development in Coastal Regions and Small Islands (CSI), 2001. CoastalResource Management, Ulugan Bay, Palawan Island, Philippines, Volume 1, Ecology, Culture andSocio-Economics, Chapter 2, Traditional Resource Use and the Culture of Indigenous Communitiesin Ulugan Bay, E.R. Guieb III, p. 133.

49 Ibid, p. 13150 Muro-ami is a prohibited fishing method in the Philippines due to its destructive practice of using

divers to pound corals with weights to scare fish into waiting nets. Muro-ami operatorscommonly employ minors as divers as they provide a cheap source of labor.

51 Paragraph 2, Section 87, RA 8550.52 Section 15, RA 837153 See United Nations Educational, Scientific and Cultural Organization (UNESCO) Jakarta Office,

Environment and Development in Coastal Regions and Small Islands (CSI), 2001. CoastalResource Management, Ulugan Bay, Palawan Island, Philippines, Volume 1, Chapter 1, Ecologyof Ulugan Bay, M.D. Fortes and S. Fazi, p. 37.

54 DENR Department Administrative Order No. 41, Series of 1991.55 Roscoe Pound, Dean Emeritus, Harvard Law School.

◗ REFERENCES

La Viña, Antonio G.M. 1999. Management of Fisheries, Coastal Resources and the Coastal Environmentin the Philippines: Policy, Legal and Institutional Framework. Policy Research and Impact AssessmentProgram-International Center for Living Aquatic Resources Management (PRIAP-ICLARM), WorkingPaper No. 5.

Department of Environment and Natural Resources (DENR), Bureau of Fisheries and AquaticResources of the Department of Agriculture, Department of the Interior and Local Government andCoastal Resource Management Project, 2000. Philippine Coastal Management Guidebook No. 2: Legaland Jurisdictional Framework for Coastal Management in the Philippines. Coastal ManagementProject of the DENR. Cebu City, Philippines.



39

Legal Rights and Natural Resources Center, 1992. Philippine Natural Resources Law Journal No. 1,Volume 5.

Fazi, Stefano and Martin Felstead (Eds.). Coastal Resource Management Series, Ulugan Bay, PalawanIsland, The Philippines, Volumes 1, 2, 3. United Nation Educational, Scientific and Cultural Organization,UNESCO Jakarta Office, Regional Office for Science and Technology for Southeast Asia: 2001.

Environmental Legal Assistance Center, Inc. (ELAC). 2000. Training Manual on Environmental Laws.Philippine Agenda 21.

Republic Act No. 8371, Indigenous People’s Rights Act and its Implementing Rules and Regulations.

Republic Act No. 8550, Philippine Fisheries Code of 1998 and its Implementing Rules and Regulations.

Republic Act No. 7160, Local Government Code.

1987 Philippine Constitution.



GOOD PRACTICES IN COASTAL RESOURCEMANAGEMENT

CHAPTERTWO 2


CHAPTER 2Coastal resource management efforts in the Philippines evolved

within the last 25 years, with various community-based projectsundertaken by NGOs, people’s organizations, academic and

research institutions, government agencies and international lendinginstitutions as a response to increasing poverty and extensiveenvironmental degradation in the coastal areas (Ferrer, 1995).

Silliman University, in cooperation with the municipality of Oslob in Cebu,pioneered CRM in the Philippines in 1974 by declaring and managing amarine reserve and coral reef area off Sumilon Island (Ferrer, 1996). Ten (10)years of effective management yielded benefits for the coral reef ecosystemand island fisheries, as well as for the fishers who were dependent on theresource. The success of this initiative led to another major undertakingby the University in 1984 through its Marine Conservation andDevelopment Program (MCDP): the organization of community-basedmarine resource management using community organizing as a strategyin managing marine protected areas (MPAs). This was done in three smallislands in the Visayas, one of which is the famous Apo Island in Dumaguete,Negros Oriental. This undertaking was significant since it proved that it ispossible to engage local fishers in the sustainable management of theirresources, lending credibility to the claim that local resource users arepotentially the best managers of their resources.

Government initiatives, as well as concrete actions from NGOs, academic institutions, and otherconcerned citizens eventually followed these pioneering efforts. A significant result of these

GOOD PRACTICES IN COASTAL RESOURCE MANAGEMENT

Exemplary or good

practice is defined as

practices or approaches

that reflect and illustrate

a project’s ability to

transform people’s values

and behavior, generate

positive environmental

and socio-economic

impacts, and establish

long-term institutional

mechanisms that ensure

the support and the

continuity of the

program.

44

projects was heightened interest in government policy reform and increased involvement ofNGOs in addressing CRM issues.

For purposes of this resource book, exemplary or good practice is defined as practices or approachesthat reflect and illustrate a project’s ability to transform people’s values and behavior, generatepositive environmental and socio-economic impacts, and establish long-term institutionalmechanisms that ensure the support and the continuity of the program.

Selected cases of exemplary practices in CRM are presented below and have been divided into threeparts: 1) forging partnerships among LGUs and other concerned entities; 2) collaboration amonglocal and international funding institutions; and 3) collaboration among LGUs.

❙ FORGING PARTNERSHIPSAMONG LGUS, NGOS, AND LOCAL COMMUNITIES

The mid-1980s saw several NGOs piloting CBCRM projects that were relatively successful, withempowerment as a primary guiding principle, and community organizing as a primary strategy(Ferrer, 1996). Some of these initiatives are described in the succeeding sections. Several casebookspublished within the last six years have likewise compiled these experiences.

Positive gains from these initiatives forced NGOs to engage into serious policy advocacy side by sidewith national fisherfolk organizations, targeting reform at the national and local levels. Theseadvocacy efforts eventually led to significant policy reforms both at the national and local levels, themost significant of which was the passage of the new Fisheries Code in 1998, and more recently, theissuance of DAO 17-2001, mandating the delineation and delimitation of municipal waters.

Here are five case studies describing efforts to forge partnerships among LGUs, NGOs, and localcommunities.

2 WATERSHED MANAGEMENT


GEOGRAPHICAL LOCATION

Hinatuan Bay, Municipality of Hinatuan, Surigao del Sur

Area200 square km; 12 out of 24 barangays are coastal

RESOURCE MANAGEMENT ISSUES

Low and declining catchEnvironmental degradation due to mangrove cuttingToxic effluent washout from fishpondsCoral quarryingDestructive fishing practicesHeavy fishing pressureErosion and siltation due to upland deforestationContinuous marginalisation of fisherfolk due to low income and povertyLow levels of awareness about coastal resources and their managementLack of awareness and enforcement of fishery lawsLack of willingness to cooperate for more sustainable use

(Based on 1996-1998 series of participatory learning and action [PLA] activities andresource surveys)

PARTNERSHIPS AMONG LGUS, NGOS, AND LOCAL COMMUNITIES

45

GOOD PRACTICES 4


Contact InformationCenter forEmpowerment andResource Development(CERD), Inc.Executive Director102-E R&L Bldg.,Kamuning, Quezon CityTel. (02) 925-1642

Municipal Governmentof HinatuanHinatuan, Surigao delSur

FISHERY INTEGRATED RESOURCE MANAGEMENT FOR ECONOMIC DEVELOPMENT INHINATUAN, SURIGAO DEL SUR

46



CRM FRAMEWORK

Fishery Integrated Resource Management for Economic Development (FIRMED) program of the Centerfor Empowerment and Resource Development (CERD), an NGO operating in seven coastal barangaysof Hinatuan Bay

PRINCIPLES

Empowerment, Equity, Systems-Orientation, and Sustainability

SPECIFIC GOALS

Restore fish level to that of the Maximum Sustainable Yield (MSY) through regulated fishing and toresolve resource use conflictsEnhance carrying capacity of the aquatic environment through rehabilitation and protection ofcoastal resourcesResolve the problem of inequitable distribution of benefits between fishery usersAddress the issue of inequality of women In the pursuit of development initiatives

COMPONENTS

Community Organizing & Capability-BuildingSustainable Fisheries Development and Environmental ConservationSocio-economic and Livelihood DevelopmentAdvocacy and NetworkingHuman Resource Development

Hinatuan, Surigao del Sur PARTNERSHIPS AMONG LGUS, NGOS, AND LOCAL COMMUNITIES

47

IMPLEMENTATION PROCESS

1. Rapid Resource Systems Assessment of Hinatuan and Lianga Bays (1996)2. Start-up and community organizing/ education and training focused on ecology awareness, leadership;

planning process; study tours (1996-97)3. Fishery management planning: data-gathering, participatory learning activities, coastal resource

inventory, formulation of Fishery Resource Management plan (1997-1998)4. Fishery Management Plan implementation: 1998-present: mangrove reforestation & management;

establishment and management of Marine Protected Areas (MPAs); regulation of fishing gears;endangered species protection (dugong, turtles); supplementary livelihoods (seaweed farming,small-scale fishpond, rice-trading, school-boat, consumer store)

ACCOMPLISHMENTS

Community Organizing: 13 POs, six chapters and one municipal federation (NAMAHIN – NagkahiusangMangingisda ng Hinatuan); total membership – 533 individualsSustainable Fisheries Development: seven barangay sanctuaries 40-60 ha each; one municipalsanctuary 221 has.Mangrove ReforestationSustainable Livelihoods: Seaweed farms implemented by the organization and individual householdmembers

CRITICAL FACTORS THAT CONTRIBUTED TO THE SUCCESS OF THE PROGRAM

External FactorsSupport and active participation of LGUDefined resources to manage e.g., “barangay waters”

GOOD PRACTICES IN COASTAL RESOURCE MANAGEMENT 2


PARTNERSHIPS AMONG LGUs, NGOs, AND LOCAL COMMUNITIES Hinatuan, Surigao del Sur

48



Involvement of church in the programSelf-reliance due to relative geographical isolation: the “small island theory”Good condition of primary resourcesCommunity-based approach to address community-based issuesHigh level of cooperation among fishers

Internal FactorsCompetent and committed program staffStrong leadership of POsParticipation by both men and women in CRMFishery management planning process: participatory; combines sociological and scientific informationeffectively and views these from the fisher communities’perspective; decision-making was made byfisher communities from beginning of program; NGO served as facilitatorEffective education and awareness building component

IMPACTS

BiophysicalReturn of species, increase in fish stock (capiz, fishes)

Socio-EconomicIncrease in fish catch (from 2-3 kgs in 1996 to 5-7 kg in 2001); income from collective livelihood projectsto support organizational work (e.g., seaweed farm)

Socio-CulturalPositive change in attitude among fishers: from extraction to conservationImproved capacities of POs to manage their own activities


49

Increased confidence in relating with LGU and other agencies; increased capacities in resourcemanagement (planning, implementation, monitoring and evaluation skills) and law enforcement

Political/InstitutionalMainstreaming of fishery resource plans in local development plan; annual budget allocation fromLGU Empowerment – increased leverage of fishers in its relationship with the local government and otherstakeholders as a result of formal and strengthened organizations

INDICATORS OF SUSTAINABILITY

Strong and viable people’s organizationsInstitutional partnership between CERD, the PO federation and the local government of Hinatuan·Establishment of seaweed farming as a means of sustainable livelihood for individual householdsEstablishment of ‘barangay’ and municipal sanctuaries

REQUIREMENTS FOR REPLICATION

InstitutionalPolitical will and support of the LGU (municipal and barangay) for the passage of resolutions andordinancesEffective mechanisms for law enforcementAnnual budget allocation



PARTNERSHIPS AMONG LGUs, NGOs, AND LOCAL COMMUNITIES Hinatuan, Surigao del Sur

50



TechnicalCapacities for baseline data-gathering through participatory resource assessment; periodic monitoringand evaluation of biophysical and socio-economic conditionsCapacities for community organizing and implementation of sustainable marine-based livelihoods

FinancialFunds to support community organizing, law enforcement, sustainable livelihoods and researchactivities, and human resource development, at least in the initial stages

EXEMPLARY FEATURES

The Fishery Management Planning process which employed participatory learning activities (PLAs)Gender mainstreaming in organizing coastal communitiesSeaweed farming as a means of sustainable livelihood at the collective and individual household level

Source:Nightingale, M. 1999. Community-based Coastal Resource Management in Hinatuan Bay, Surigao del Sur. In Community-based

Strategies in Natural Resource Management. VSO, FPE and NIPA, 1999.Canlas, C., 2001. Program Evaluation FIRMED-Surigao. CERD, 2001


COMMUNITY-BASED COASTAL RESOURCE MANAGEMENT IN DANAO BAY


Danao Bay, Misamis Occidental

Area2000 hectares; large part of the bay belongs to the municipal waters ofBaliangao; the eastern side belongs to the municipal waters of Plaridel;54% of the bay is composed of mangroves, mudflats, reefs and seagrassbeds


Declining fish catch due to:Illegal fishing activities i.e., blast fishing which destroyed reefsLogging of mangrovesConversion of mangrove areas into fishpondsIncrease in fishing pressure brought about by more fishers and use of more efficienttechnologies

CRM FRAMEWORK

Danao Bay Community-Based Coastal Resource Management (Danao Bay CBCRM) programof the Pipuli Foundation, Inc.


51

GOOD PRACTICES 4


Contact InformationPipuli Foundation,Inc.Dy Apartment, BernadSubdivision, Ozamiz City,Misamis Occidental Tel: (088) 521-1992Website:www.ozamiz.com/earthcalls

Baliangao Wetland ParkBoard

Danao Bay ResourceManagement Council

52



PRINCIPLES

Working towards an involved and empowered community

PROGRAM OBJECTIVES

To protect the unique mangrove forest in Bgy. Misom from small-scale loggingTo restore the reef flat and coral reef as sources of life through the establishment of a sanctuary thatwould improve fish stocks in the whole bayTo remind the people within and outside the project area to live in harmony with natureTo organize the local communities around the issues of coastal resource protection and management

COMPONENTS

Community Organizing and EducationResource ManagementLivelihood DevelopmentResearchAdvocacy and Linkaging


1. Contact building with the community and local government; local Catholic Church facilitated thisthrough its lay leaders; local government facilitated public hearings in the barangays and laterapproved a resolution declaring the Misom Sea Sanctuary

2. Misom Sea Sanctuary was established; negotiations made with 11 bungsod fishers to move out ofproposed site; the Mayor paid an ocular visit to finalize parameters of sanctuary which resulted in 70-

Danao Bay CBCRM PARTNERSHIPS AMONG LGUS, NGOS, AND LOCAL COMMUNITIES

53

ha sanctuary and a 25 ha buffer zone; demarcation of the area was made using bamboo stakesanchored on the ground and 1.25 m apart; local project staff and guards were hired

3. Gaining community support through awareness and ecology seminars; providing funding supportfor small projects, i.e., mini-sanctuary; pottery, seaweed and oyster culture. This eventually led to theestablishment of the Misom, Tugas, Sinian and Landing Multipurpose Cooperative (MITUSILA)·

4. Formation of the Sanctuary Board composed of the Mayor, DENR representative, communityrepresentatives, four guards, barangay captains and Pipuli; later on, recognition of the sanctuary bythe national government as an Integrated Protected Area System (IPAS) site with the help of DENR

5. Introduction of income-generating projects such as collecting fees from park visitors; crab fatteningand ecotourism

6. Institutionalization of resource management measures: (a) ordinance prohibiting cutting of mangroveswithout permission from the mayor; harvesting only allowed for construction of local houses and notfor selling outside the municipality; (b) imposition of fishing ban to prevent overfishing of danggit(siganid)

ACCOMPLISHMENTS

Establishment of a 70-hectare sanctuary in Baliangao within a one-year period; later on recognizedas an Integrated Protected Area System (IPAS) siteCreation of a multisectoral sanctuary boardDevelopment of ecotourism in the area as a means to sustain park management



PARTNERSHIPS AMONG LGUs, NGOs, AND LOCAL COMMUNITIES Danao Bay CBCRM

54



CRITICAL FACTORS THAT CONTRIBUTED TO THE SUCCESS OF THE PROGRAM

External FactorsLocal government support in law enforcement; and moral support in rallying community supportfor the projectFunding assistance from external sourcesSpirit of volunteerism which have grown as a result of the experience

Internal FactorsCommitted leadership of the people in chargeStrong people’s organizations

IMPACTS

BiophysicalIncrease in the number of species found inside the Baliangao Wetland Park (BWP); some species nolonger seen reappeared

Socio-EconomicCatches have doubled since 1995Growth of ecotourism as a viable source of income to sustain park management

Socio-CulturalCommunity members more active as the sanctuary has given them new hopeDecrease in incident of blast fishing


55

Political/InstitutionalReplication of the idea of sanctuaries in other municipalities in the provincePartnerships among various stakeholders institutionalised through various mechanisms (sanctuaryboard, cooperative, law enforcement groups)


Development of an ecotourism program in the site to sustain park managementInstitutional partnership between the local government of Baliangao, the local people’s organization(DBREMO), other government agencies and Pipuli FoundationInstitutionalization of resource management practices through local ordinances, national law (NIPAS)


InstitutionalEnlightened and committed leadership, political will and support of the LGU (municipality andbarangay) for the passage of resolutions and ordinances, as well as effective mechanisms for lawenforcement; and annual budget allocation

TechnicalCapacities for networking for technical and financial assistance (e.g., academe, DENR)Capacities for community organizing and implementation of sustainable marine-based livelihoods

FinancialFunds to support community organizing, law enforcement, sustainable livelihoods, research activities,and human resource development, at least in the initial stages



PARTNERSHIPS AMONG LGUs, NGOs, AND LOCAL COMMUNITIES Danao Bay CBCRM

56



EXEMPLARY FEATURES

Establishment and sustained management of the Baliangao Wetland Park, now a recognized IPAS siteFisheries protection and management (e.g., rabbit fish and sea cucumber)Strong multisectoral management institution which involves the local government, nationalgovernment agencies, local communities and NGOs

Sources: Heinen, A. and A. Laranjo, 1996. Marine Sanctuary Establishment: The Case of Baliangao Wetland Park in Danao Bay. In Seeds of Hope,

A Collection of Case Studies on Community-Based Coastal Resource Management in the Philippines. Ferrer, E., L. Polotan-delaCruz, & M. Agoncillo-Domingo (Eds). UP-CSWCD and NGO Technical Working Group for Fisheries Reform and Advocacy (NGO-TWG). pp 3-21. Quezon City, Philippines 1996

Heinen, A., 2001. Take the Sea Cucumber. In Hope Takes Root: Community-based Coastal Resources Management Stories fromSoutheast Asia. E. Ferrer, L. Polotan-dela Cruz, and G. F. Newkirk (Eds). pp 221-236. CBCRM Resource Center. 2001



Inopacan, Western Leyte6th class municipality, nine out of 20 barangays are coastal.


Illegal fishing e.g. , use of superlight, compressor, fine mesh netsEncroachment of commercial fishers from neighboring municipalities intomunicipal waters of InopacanDestruction of marine resources such as coral reefs which resulted in lowproductivityWeak law enforcementSome elected government officials discreetly provide protection to commercial andillegal fishers

CRM FRAMEWORK

Tripartite Partnership in Marine and Aquatic Resource Management and Rural Development(TriMARRD) program of the Philippine Partnership for the Development of HumanResources in Rural Areas (PhilDHRRA)


57

GOOD PRACTICES 4


Contact InformationPhilDHRRA VisayasRegional SecretariatProgramme Manager16 Queens Road, Cebu City Tel. (032) 412-6840

MunicipalGovernment ofInopacanInopacan, Western Leyte

TRIPARTITE PARTNERSHIP IN MARINE AND AQUATIC RESOURCE MANAGEMENTAND RURAL DEVELOPMENT IN INOPACAN, LEYTE

58



COMPONENTS

Social Infrastructure Building and Strengthening (SIBS) – Community organizing, capability-buildingand the formation of partnership mechanisms among POs, NGOs and LGUsResource Tenure Improvement (RTI) – ensuring access rights and the awarding of appropriatestewardship contractsCoastal Resource Conservation and RehabilitationProductivity Systems Development (Sustainable Livelihoods)


1. Social Preparation; Training of Community Organizers and conduct of Participatory Resource Appraisal(PRA)

2. Formation of peoples’ organization in six coastal barangays: four in Inopacan; two in Baybay; 3. Integration of gender and reproductive health concerns in CO; organization of women’s group in Bgy.

Conalum 4. Marine Sanctuary Establishment5. Advocacy and institutionalisation of the following resource management measures i.e. declaration

of 15 km municipal waters as closed to commercial fishing; ban on the use of certain fishing gears(e.g., fine mesh nets, beach seine, ring net, superlight, compressor); protection and ban on thecatching/gathering of sea turtles, dugong, dolphins, blue corals and other endangered/threatenedspecies

6. Exploration of sustainable livelihood options7. Mainstreaming of fishery management plans into municipal development plan and lobbying for annual

budget allocation; active participation of Fisherfolk POs in barangay/municipal development planningand local special bodies

TriMARRD Inopacan, Leyte PARTNERSHIPS AMONG LGUs, NGOs, AND LOCAL COMMUNITIES

59

8. Establishment of MFARMC and Bantay Dagat9. Adoption of Sustainable Integrated Area Development (SIAD) as local development strategy;

mainstreaming of program into SIAD

ACCOMPLISHMENTS

Formation of four viable POs and one municipal PO federationOrganization of Bantay-Dagat, MFARMC, Bantay-Dagat FederationRelevant local ordinances passed: limiting access; ban on destructive fishing gears; protection ofendangered/threatened species; declaration of MPAsEstablishment of a total of 78 ha of marine sanctuaries in several coastal and island barangaysAnnual budget allocation for CRM: barangay level Php500 for fuel; Php1000 for MPA management;P150/month for Bantay Dagat honorariumAnnual municipal budget allocation since 1999: P150,000

IMPACT

BiophysicalReturn of species such as munghong and bolinao

Socio-EconomicIncrease in catch from 2 kg (prior to program) to 6-10 kg a day

Socio-CulturalIncrease ecological awareness among local community members; active participation in apprehendingviolators



PARTNERSHIPS AMONG LGUs, NGOs, AND LOCAL COMMUNITIES TriMARRD Inopacan, Leyte

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Program earned confidence of local people through successful advocacies;Decline in number of illegal fishing violations

GenderIncreased awareness regarding the role of women in fisheries

InstitutionalInstitutionalized LGU support at the barangay and municipal level, especially in planning andbudgeting processes; regular annual budget allocation for CRMInstitutionalization of resource management measures through policies/ordinancesUse of municipal waters integrated in the Comprehensive Land Use Plan (CLUP)PO leaders earned recognition by Inopacan LGU and neighbouring municipal LGUsInstitutionalized participation on PO leaders in municipal development planning and decision-making processes


Functional MFARMC and Bantay Dagat Federation with active PO participationInstitutionalization of PO participation and mainstreaming of program into the annual planning andbudgeting process at the municipal and barangay levelsInstitutionalization of resource management measures through local ordinancesRegular financial support from LGU at the municipal and barangay levelStrong and viable POs with capable leadershipStrong community awareness and support

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POTENTIAL FOR REPLICATION

The framework adopted by TriMARRD is replicable, especially in 4th, 5th and 6th class municipalities. Two(2) out of 10 NGO members of PhilDHRRA who are into CRM have adopted the framework in themunicipalities of southern Leyte and Negros Oriental. The others enhanced their CRM frameworks byintegrating gender and reproductive health.EXEMPLARY FEATURES

Community organizing process; integration of gender and reproductive health·Mainstreaming of program and participation into the municipal development planning process usingthe SIAD (Sustainable Integrated Area Development) Framework

Source:Official documents from the PhilDHRRA Visayas Network



PARTNERSHIPS AMONG LGUs, NGOs, AND LOCAL COMMUNITIES TriMARRD Inopacan, Leyte

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Cabangan, Zambales5th class municipality; eight out of 22 barangays are coastal 3,481 householdsof farmers and fishers


Degradation of resources due to illegal fishing (dynamite, cyanide)Weak organizationsLack of capital for fishing boats/gears and supplementary livelihoodLack of knowledge and skillsLack of clear government policies and programs

CRM FRAMEWORK

Fisheries Development and Management Program (FDMP) of the Sentro sa Ikauunlad ngAlternatibong Agham at Teknolohiya (SIKAT)

PRINCIPLES

Empowerment, Equity, Sustainability, Gender-Fairness, Cultural Sensitivity, HolisticDevelopment




Contact InformationSentro sa Ikauunlad ngAlternatibong Agham atTeknolohiya (SIKAT)Unit 338 Eagle CourtCondominium 26 Matalino St., Quezon City Tel. (02) 436-8950

FISHERIES DEVELOPMENT AND MANAGEMENT PROGRAM (FDMP) INCABANGAN, ZAMBALES

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COMPONENTS

Community Organizing and Popular EducationFisheries and Aquatic Resource ManagementSustainable Livelihood and Microfinance SupportPolicy Research, Advocacy and EnforcementPro-Active Social Services


1. Community organizing and strengthening; integration of gender in the organizing process:membership expansion with focus on recruitment of women to address gender balance in theorganizations; development of organizational leadership; strategic planning; strengthening financialsystems and organizational committees

2. Developing local leader organizers and local trainers coming from the people’s organizationsthemselves

3. Networking and linkaging: formation of a municipal alliance of fisher organizations in Cabangan(KUMACAZA) and a provincial alliance (PARASAMAZA) of fisher organizations of Zambales.

4. Strengthening sustainable livelihoods and developing community enterprises: Katipunan MicroCredit Project (KMCP) for individual or family enterprises for members of partner organizations; andcreation of a providential fund (Bangko sa Bayan) from the savings from the KMCP

5. Community enterprises such as Bigasang Dagat, Gasolinahan, Bagoongan and Crispy Dilis were setup by five organizations in five barangays

6. Fisheries and Aquatic Resource Management: raising environmental awareness; participatory resourcemapping, monitoring and management planning; fish catch monitoring handled by fishers since 1998;protection of Batong Ungot fish sanctuary, since 1990, which was nominated for the Reef Awards of



PARTNERSHIPS AMONG LGUs, NGOs, AND LOCAL COMMUNITIES FDMP Cabangan, Zambales

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the Coastal Resource Information Network in 19987. Promotion of appropriate fishing technology (i.e., gears) and training local researchers/resource

managers8. Policy research, advocacy and enforcement: formulation and later on, passage of a Municipal Fisheries

Ordinance for Cabangan9. Paralegal training for Bantay Dagat

ACCOMPLISHMENTS

Formation of viable POs and PO alliances at the barangay, municipal and provincial levelEstablishment of a marine sanctuaryFormation of Bantay Dagat in cooperation with the Provincial Special Operations GroupFormulation, advocacy and eventual passage of the Municipal Fisheries OrdinanceEstablishment of mechanisms to sustain community enterprises and livelihoodCapacity building of local organizers, researchers, trainers, paralegals and leaders

IMPACTS

Biophysical10% average increase in coral cover between 1997-1999Bigger fishes in greater numbers observed in the sanctuary

Socio-EconomicSupplementary incomes coming from the household and community enterprises financed by themicro credit schemeForced savings pooled together in the providential fund to provide loans for emergency and otherneeds

FDMP Cabangan, Zambales PARTNERSHIPS AMONG LGUs, NGOs, AND LOCAL COMMUNITIES

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Socio-CulturalIncreased security of households through the provision and facilitation of social services such as health,education and disaster preparednessHeightened community awareness and support to community programs

GenderIncreased involvement of women in organizations and various community projectsInstitutionalInstitutionalization of resource management measures thru policies/ordinancesEstablishment of Bantay Dagat Formation of strategic PO alliances at the municipal and provincial levelInstitutionalized capacity building through training of local organizers, local researchers and resourcemanagers, local trainers coming from the POs themselvesFacilitated access and provided social services in the areas of health, education and disastermanagement


Strong and viable people’s organizations with capable leadership and local organizers, researchersEstablishment of mechanisms to support socio-economic needs such as the micro credit financingprogram and providential fundInstitutionalisation of resource management measures through the Municipal Fisheries Ordinanceof CabanganHeightened community awareness and support



PARTNERSHIPS AMONG LGUs, NGOs, AND LOCAL COMMUNITIES FDMP Cabangan, Zambales

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POTENTIAL FOR REPLICATION

SIKAT has initiated phase-out mechanisms as they intend to move on to another municipality toreplicate the CRM framework and processEXEMPLARY FEATURES

Katipunan Micro-Credit Financing ProgramPro-Active Social Services component which addressed health and education needs of communitymembers, as well as disaster management

Source:Balderrama, Benedict 2001. Off the Beaten Track: Developing Sustainable CBCRM among the Fishers of Cabangan, Zambales. In HopeTakes Root: CBCRM Stories from Southeast Asia. E. Ferrer, L. dela Cruz and G. Newkirk , Eds. CBCRM Resource Center, Quezon City,Philippines. 2001.

FDMP Cabangan, Zambales PARTNERSHIPS AMONG LGUs, NGOs, AND LOCAL COMMUNITIES

COMMUNITY-BASED COASTAL RESOURCE MANAGEMENT (CBCRM) INPUERTO PRINCESA, PALAWAN


Honda Bay, Puerto Princesa, Palawan; 15 coastal villages


Decline in fish catch from 36.5 kg in 1985 to 8.4 kg in 1989 due to:Destructive fishing methods such as cyanide and dynamite/blast fishingEncroachment by transients using “more efficient” fishing methods(trawl, purse seine, ring nets) within municipal watersLogging and shifting cultivation which cause erosion and siltation

Other issues:Inequitable access to marine resources due to open accessLand tenure issues of fishers and indigenous communitiesMercury contamination of the food chain by an old mining siteExtreme povertyUnregulated tourism development

CRM FRAMEWORK

Community-Based Coastal Resource Management (CBCRM)


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GOOD PRACTICES 4


Contact InformationEnvironmental LegalAssistance Center, Inc(ELAC)271-E Malvar St., PuertoPrincesa City, PalawanTel: (048) 433-5183Email:[email protected]

Palawan NGO Network,Inc. (PNNI)No. 3 Zanzibar Bldg.,Rizal Avenue, PuertoPrincesa City, PalawanTel: (048) 434-3370City Government ofPuerto Princesa

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PRINCIPLES

Empowering coastal communities to restore the sustainability of the coastal zone through thedevelopment of organized and self-reliant communities

PROGRAM OBJECTIVES

To assist coastal communities in Honda Bay to acquire property rights over their coastal resources,as well as proper management technologies and strategies through organizing, education, researchand policy advocacyTo advocate for the transformation of peoples’unsustainable patters of consumption and use of theircoastal resources through education and information;To provide organized fishing communities with legal assistance in the defense of their rights in thelegal arena

COMPONENTS

ResearchCommunity OrganizingEnvironmental Education and Paralegal TrainingNetworking and Policy Advocacy


1. Partnership with local communities started with involvement in legal cases: (a) charging of seven fisherswith illegal fishing in Tagburos; and (b) mercury poisoning issue in Bgy. Sta. Lourdes

Puerto Princesa, Palawan PARTNERSHIPS AMONG LGUs, NGOs, AND LOCAL COMMUNITIES

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2. Eliminating hulbot-hulbot operations in Sitio Honda Bay through a successful advocacy and legal battle3. After these legal battles which were won, community organizing in Lucbuan, Tagburos and Sta.

Lourdes started 4. Advocacy for a Basic Fishery Ordinance for Puerto Princesa5. Participation of PO leaders and ELAC in the drafting of the Proposed Tourism Ordinance; and the

formulation of guidelines for the zonation of marine and coastal areas of the province6. Active participation in sanctuary establishment7. Organization of the Honda Bay Boatmen Association (HOBBAI) servicing tourists as a microenterprise8. Institutionalisation of education work through a short certificate course on coastal resource

management for POs, Barangay officials and NGO workers in collaboration with Tambuyog (NGO) andthe State Polytechnic College of Palawan

9. Training and deputation of Volunteer Community Paralegals as Environment and Natural ResourceOfficers of the City Government

ACCOMPLISHMENTS

Organization of nine peoples’ organizations; two of which are women’s organizationsTraining of PO leaders as paralegals; effective apprehension of illegal fishersPassage of Basic Fishery Ordinance and Tourism Ordinance for Puerto Princesa CityRecognition and credibility of POs and NGO by the city governmentIntroduction of a Certificate Course on CBCRM in collaboration with other agenciesOrganization of HOBBAI to facilitate the establishment of a microenterprise that facilitated access ofmarginalized fishers into the tourism industry



PARTNERSHIPS AMONG LGUs, NGOs, AND LOCAL COMMUNITIES Puerto Princesa, Palawan

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IMPACTS

BiophysicalSteady increase in fish catch to pre-hulbot-hulbot days; now up to 15 kg/day for hook and line fishers

Socio-Economic HOBBAI: increase in earnings from the tourism industry; children can now go to school more regularly;organization members have more money to spend on education and food; and are able to save

Socio-CulturalDecline in illegal fishing activitiesHeightened awareness and vigilance of community membersMarked change in the attitude of people towards the resources, their rights to a balanced ecologyand their attitude in fighting for those rights

InstitutionalPartnerships forged among POs, NGOs and the city governmentInstitutionalization of resource management measuresInstitutionalisation of education workEmpowering people through paralegal training and institutionalising their meaningful participationin implementation, monitoring and decision making processes

ELEMENTS OF SUCCESS

Strong community organizations and partner NGOEffective advocacy strategiesKnowledge of relevant laws and how to use them to promote fishers rights and welfare

Puerto Princesa, Palawan PARTNERSHIPS AMONG LGUs, NGOs, AND LOCAL COMMUNITIES

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Strong and viable people organizationsInstitutionalization of resource management measures through the basic fishery ordinanceInstitutionalisation of education workEstablishment of sustainable livelihoodsFormation of institutional partnerships between POs, NGOs, academe, government agencies and thecity government


InstitutionalPolitical will, commitment and support of the LGU (municipality/city/province) for the passage ofresolutions and ordinances, for the provision of human and financial resources, as well as theformation of effective mechanisms for management and law enforcement.

TechnicalCapacities for community organizing, negotiation, paralegal skills, advocacy and networking

EXEMPLARY FEATURES

Legal and paralegal work as an effective strategy to promote CBCRMFacilitating access to the tourism market through the organization of boatmen; therefore facilitatingequitable access of small fishers to the economic benefits of the industry

Sources:Galit, John 2001. Catching Power: A Story of Honda Bay CBCRM. In Hope Takes Root: CBCRM Stories from Southeast Asia. E. Ferrer,L. dela Cruz and G. Newkirk, Eds. CBCRM Resource Center, Quezon City, Philippines. 2001.



PARTNERSHIPS AMONG LGUs, NGOs, AND LOCAL COMMUNITIES Puerto Princesa, Palawan

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❙ COLLABORATIVE UNDERTAKINGS AMONGINTERNATIONAL, NATIONAL, AND LOCALINSTITUTIONS

In 1991, the Department of Agriculture (DA) embarked on the biggest program so far initiated bythe government in coastal resource management. The Fisheries Sector Program (FSP) wasimplemented from 1991 to 1997 with a loan from the Asian Development Bank (ADB). The programtargeted 12 bays, which are all major fishing grounds beset with over-fishing, growing poverty intheir coastal communities, and other critical management issues and problems. The programwas a test and challenge for the DA since the design required the incorporation of community-basedmanagement as a mainstream approach to CRM. Its primary strategy involved contracting NGOsto facilitate the planning and community organization process. The project was continued in1999 under a new name, the Fisheries Resource Management Project (FRMP), targeting themanagement of 18 bays (including some of the former FSP areas), for the duration of another fiveyears.

The Department of Environment and Natural Resources (DENR) established the Coastal EnvironmentProgram (CEP) in 1992. In 1994, it began to implement RA 7584 or the National Integrated ProtectedAreas System (NIPAS) Act of 1992.

The Coastal Resource Management Project (CRMP), which began in 1995, is another seven-yeartechnical assistance project by the DENR and funded by the USAID in selected coastal areas,which include Palawan, Masbate, Bohol, Cebu and Davao Provinces, among others. Building onthe experience and lessons of past efforts, CRMP assisted local government units in terms ofbuilding capacities, generating baseline information/coastal environment profiles in the areas wherethey operate, and catalyzing the establishment of legal and institutional arrangements. It hasintroduced as well resource management innovations (e.g., CRM certification system), and

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generated a number of useful publications to guide future CRM efforts in the country (e.g., an eight-volume Guidebook on Coastal Resource Management available online and in printed form).

The most recent program to be undertaken by the national government in 1999 (with someprojects still to be completed by 2003) was the Community-Based Resource Management Project(CBRMP). The project aimed to reduce rural poverty and arrest environmental degradation throughthe implementation of natural resource management projects (with focus on the forest, upland,and near shore fishery areas) in five priority regions (Regions 5, 7, 8, 11 and 13) to be managed bylocal government units (LGA, 1999). The project was supported by the Municipal Development Fund(MDF), a financing facility supported with a loan from the World Bank, and managed by theDepartment of Finance (DOF).

The following are two other cases of exemplary CRM initiatives that focus on collaborative actionsamong local, national and international institutions.

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THE ROLE OF PROVINCES IN COASTAL RESOURCE MANAGEMENT: THEDAVAO DEL SUR EXPERIENCE


Province of Davao del Sur: all 11 municipalities, and Digos City border thecoast; coastal and marine waters cover part of the Sarangani Strait, CelebesSea and Davao Gulf


Increasing poverty in coastal communitiesWeak legal and institutional supportLimited community awareness and participation in CRM

CRM FRAMEWORK

Provincial Coastal Resource ManagementThe provincial LGU as a provider of CRM as a basic service to coastal municipalities and cities,given its mandate to undertake program planning and implementation, legislation andenforcement, taxation and revenue generation, monitoring and evaluation, capability-building, and inter-agency and inter-LGU collaboration (DENR et al, 2001/Tambuli 9/11)



COLLABORATIVE UNDERTAKINGS AMONG INTERNATIONAL, NATIONAL, AND LOCAL INSTITUTIONS

Contact InformationCRMPRegional Coordinator forMindanao Telefax: (082) 225-1707Suite 8303, Plaza deLuisa140 MagsaysayAve., 8000 Davao CityEmail:[email protected],[email protected],[email protected]:www.oneocean.org

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1. Creation of provincial CRM Technical Working Group composed of representatives from the ProvincialEnvironment and Natural Resource Office (PENRO), Fisheries Unit under the Provincial Governor’s Office,Provincial Planning and Development Office (PPDO) and CENRO-DENR, president of the IFARMC,Provincial Fisheries Officer of BFAR

2. Training of TWG members in integrated coastal management (ICM), participatory coastal resourceassessment (PCRA) and mangrove management

3. Issuance of provincial executive order mandating PENRO to be lead coordinating office in theprotection, conservation, rehabilitation and management of coastal resources in Davao Sur

4. Conduct of PCRA and CRM Planning by Malalag Bay area municipalities with technical and trainingassistance provided by the provincial CRM-TWG, and (funding) support from CRMP:

a. Formulation of 5-year provincial CRM framework plan based on the PCRA results and municipalCRM plans of the Malalag Bay area municipalities and Digos City.

b. Setting up of inter-agency implementing mechanisms and implementing structure at theprovincial level

LESSONS LEARNED

Experience highlighted the importance of strengthening inter-agency collaboration and coordinationin ensuring effective CRM implementation at the provincial levelRole of a facilitating agent (internal or external) is essential in the early stages of group formation (e.g.,CRMP facilitating the formation of CRM-TWG at the provincial level)Clarity of roles and responsibilities, and identifying the lead agency is also importantOfficial support and legal mandate (e.g., executive order issued by the provincial government)needed to mainstream CRM functions and responsibilities at the provincial levelProvincial LGU proved to be an effective lead coordinating body for CRM



COLLABORATIVE UNDERTAKINGS BETWEEN INTERNATIONAL, Davao del Sur CRMNATIONAL, AND LOCAL INSTITUTIONS

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CODE CREATES WONDERS FOR BOHOL


Province of Bohol: 30 out of 47 municipalities are coastal with approximately100,000 marginal fishers, gleaners and fish vendors among its total populationof 1, 137, 268 (NCSO 2000); Historically, one of the richest fisheries in centralPhilippines; beneficiary of several pilot coastal management projects anddevelopment initiatives such as the World Bank-assisted CVRP (1984-1992),USAID-GOLD (1996-2001), USAID-CRMP/DENR, and the Industrial Initiativefor Sustainable Environment Project.


Poverty in coastal communitiesIncreasing pollution and sedimentation

Uncoordinated and weak law enforcementRampant illegal and destructive fishing

CRM FRAMEWORK

Provincial Coastal Resource ManagementThe provincial LGU as a provider of CRM as a basic service to coastal municipalities and cities,given its mandate to undertake program planning and implementation, legislation andenforcement, taxation and revenue generation, monitoring and evaluation (M & E),capability-building, and inter-agency and inter-LGU collaboration (DENR et al, 2001/Tambuli9/11)



COLLABORATIVE UNDERTAKINGS AMONG INTERNATIONAL, NATIONAL, AND LOCAL INSTITUTIONS

Contact InformationBohol EnvironmentalManagement Office(BEMO)Provincial Governmentof Bohol, Tagbilaran City

Haribon Foundation4th Floor Fil-Garcia Bldg.,Kalayaan Ave.Quezon CityTel: (02) 433-4363Website:www.haribon.org.ph

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1. Creation of a Provincial CRM Task Force initiated by the DENR (by virtue of EO 118 which identifiedBohol as one of 20 priority provinces for CRM)

2. Training of members of the task force in facilitating PCRA, mangrove management, marine protectedarea (MPA) establishment and management and CRM planning.

3. Formulation of Bohol Environment Code; CRM as one of nine major sectors addressed in the Code,which mandated the creation of the Bohol Environmental Management Office (BEMO) that isresponsible for implementation of the Code. Municipalities use the Code as legal basis and guide informulating their CRM policies and plans, with BEMO acting as integrator of all CRM activities in theprovince

4. Creation of a sub-Committee on Marine and Coastal Resources, and a CRM Special Project Unit by theSangguniang Panlalawigan

5. Execution of MOA between the DENR, DA-BFAR CRMP, and the Provincial Government defining theirrespective roles in CRM. The agreement shifted role of CRMP from assisting municipalities to buildingthe capacities of CRM staff within the BEMO, and enable it to sustain CRMP’s role as technicalassistance provider to Bohol LGUs

6. Identification of CRM learning areas in eastern and southern Bohol. BEMO assisted coastal municipalitiesin the conduct of PCRA, CRM planning and implementation, as well as in the conduct of M&E in thelearning area municipalities, covering 70% of coastal municipalities by 2001

7. Upon establishment of a CRM Certification System for Region 7 by the RDC-7, BEMO (through aprovincial EO) was appointed secretariat of the provincial CRM Certification TWG and tasked with theannual monitoring of CRM plans and evaluation of the performance of municipalities in CRM

8. Creation of District Coastal Law Enforcement Councils (CLECs) to enhance inter-LGU collaboration.BEMO served as coordinating office of the CLECs. Law enforcement with full support of the provincial



COLLABORATIVE UNDERTAKINGS AMONG INTERNATIONAL, Code Creates Wonders for BoholNATIONAL, AND LOCAL INSTITUTIONS

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and municipal governments in coordination with Philippine National Police (PNP), Philippine CoastGuard and community-based organizations

LESSONS LEARNED

The experience highlighted the importance of strengthening legal and institutional arrangementsat the provincial level to institutionalise CRM. The Bohol Environment Code clarified the policyframework and set the management direction of CRM for the provinceThe creation of the BEMO facilitated the operationalization of the framework and translated thedirection into concrete programs. It has systematized and standardized CRM implementationmethodologies and processes, thus allowing for lessons to be drawn and sharedEven if the management of municipal waters is not a direct mandate of the province, the experiencehas shown that by using the specific powers and functions delegated to the province by national laws(i.e., legislation and enforcement of measures for environmental protection), it could build thecapacity of municipalities in CRM by providing technical assistance.

Code Creates Wonders for Bohol COLLABORATIVE UNDERTAKINGS AMONG INTERNATIONAL,NATIONAL, AND LOCAL INSTITUTIONS

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❙ COLLABORATION AMONG LGUS

A current perspective being explored and advocated is the recognition of local governments of CRMas a basic service, especially for those whose areas of jurisdiction include coastal municipalities andbarangays. This implies that LGUs will assume responsibility by allocating resources for managingmunicipal waters and coastal resources. This also means undertaking CRM policy reform andplanning processes and putting together a CRM plan together with fisherfolk organizations,coastal communities, and other stakeholders. It likewise implies investment by the LGU in capacitybuilding, training of human resources in CRM-related fields, setting up systems and units specificallyto address CRM concerns of the municipality, and establishing infrastructure support to boost thelocal fishing industry, and in some cases, local tourism. Below is an example of a project that outlineshow collaboration among LGUs can yield positive results in CRM.

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MULTISECTORAL PARTNERSHIP IN COASTAL RESOURCE MANAGEMENT:THE ILLANA BAY REGIONAL ALLIANCE (IBRA 9)


Illana Bay coastal municipalities/city: seven municipalities, one city, oneprovince Zamboanga del Sur


Degradation of coastal resources such as mangroves, coral reefs and seagrass bedsOverexploited marine/fishery resourcesRampant illegal fishingNo program for the protection, management and rehabilitation of the bay; not apriority of LGUs

CRM FRAMEWORK

Rehabilitation of coastal natural resourcesEstablishment and integration of coastal protection program into local developmentplans and programsCapacity building for key LGU personnel and program management staffAdoption of red tide monitoring measures



COLLABORATION AMONG LGUS

Contact InformationIBRA ProgramManagement Office2nd floor Balgo Bldg.Capitol Compound,Pagadian City

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PROGRAM OBJECTIVES

Coastal management plan formulated and implemented involving the seven municipalities, one cityand the province of Zamboanga del SurFormation of the IBRA 9 Council, a multisectoral partnership composed of the nine LGUs, NGOs andgovernment line agenciesFormation of baywide Bantay DagatEstablishment of 10 marine sanctuaries throughout the whole bayFormation of functional M/CFARMCs in each of the eight LGUsConduct of administrative and technical training for key LGU personnel and PMO staff ·Adoption of 11 common policies/ordinances by all LGUs involved

IMPACTS

BiophysicalIncrease in fish population and diversity of fish speciesMangrove areas now protected

Socio-EconomicIncrease in fish catch

Socio-CulturalProvided opportunity for some rebels, pirates and illegal fishers to return to fishing and normal life

Gender Representation of women and youth in the IBRA 9 Council, Bantay-Dagat and FARMCs



COLLABORATION AMONG LGUs Illana Bay, Zamboanga del Sur

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InstitutionalPolicies for protection through the declaration of large areas as marine sanctuariesAdoption of 11 common coastal ordinances by the eight municipal/city LGUs; these ordinances werealso later on adopted by the LGUs of three smaller bays: Maligay, Sibuguey and DumaguillasInstitutionalization of inter-LGU collaboration through the formation of the IBRA 9 Council; thepooling of resources of the nine LGUs to support the PMO and its programs, providing counterpartfunding to the funds initially provided by LGSP

ELEMENTS OF SUCCESS

Political will and cooperation among the nine LGUs involved in the programInitial support from an external agency (LGSP) which helped catalyze planning and organizingprocess


Commitment and support from the pooled resources of LGUs involved in the management of IllanaBay and the creation of a Program Management Office (PMO)Institutionalization of management measures through the 11 common ordinances adopted; theformation of a baywide Bantay DagatFormation of an institutional partnership among the LGUs, NGOs and Government Line Agenciesexpressed through the IBRA 9 CouncilStrengthening of technical and administrative capacity of LGU personnel and PMO staff through aseries of trainings

Illana Bay, Zamboanga del Sur COLLABORATION AMONG LGUs

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InstitutionalPolitical will, commitment and support of the LGU (municipality/city/province) for the passage ofresolutions and ordinances, for the provision of human and financial resources, as well as theformation of effective mechanisms for management and law enforcement

TechnicalCapacities for consensus building, and management planning, as well as periodic monitoring andevaluation

FinancialFunds to support organization/installation process, law enforcement, monitoring /evaluation,sustainable livelihoods, continuous research activities, and human resource development

EXEMPLARY FEATURES

Forging of inter-LGU partnerships for the management and protection of a common resourceCreative use of the Local Government Code through the operationalization of Sec. 33, which providesfor LGUs to enact appropriate ordinances, group themselves, coordinate their efforts, services andresources for purposes beneficial to themCreative use of Fisheries Code (RA 8550) Sec 16, operationalizing the management of contiguous fisheryresources such as bays

Source:IBRA9 Official nomination form to the Galing-Pook Awards. 2002.



COLLABORATION AMONG LGUs Illana Bay, Zamboanga del Sur

REFERENCES AND TOOLS

CHAPTERTHREE3


CHAPTER 3REFERENCES AND TOOLS

PARTNERSHIPS IN ENVIRONMENTAL MANAGEMENT FOR THE SEAS OF EASTASIA (PEMSEA)- INTERNATIONAL MARITIME ORGANIZATION-UNDP-GLOBALENVIRONMENT FACILITY-DENR

Promotes multi-country initiatives in addressing prioritytransboundary environment issues in the Gulf ofThailand, Bohol Sea, and Manila Bay.Reinforces and establishes a range of functionalnetworks to support environmental management.Builds national and regional capacity to implementintegrated coastal management programs.

Regional Program DirectorDENR Compound, VisayasAvenue, Quezon City 1101Tel: (02) 920-2211, 926-9712Fax: (02) 926-9712, 426-3849Email: [email protected],[email protected],[email protected]: www.pemsea.org

❙ BILATERAL AND MULTILATERAL PROJECTS, PROGRAMS, AND AGENCIES

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RESEARCH, TRAINING, AND INFORMATION RESOURCE CENTERSOUTHEAST ASIAN FISHERIES DEVELOPMENT CENTER/AQUACULTUREDEPARTMENT (SEAFDEC/AQD)

Conducts technology verification and extensionprograms.Promotes and undertakes aquaculture research that isrelevant and appropriate for the region, to develophuman resources for the region, and to disseminateand exchange information on aquaculture.

Division HeadBarangay Buyuan, Tigbauan, Iloilo 3021Tel: (033) 336-2965, 335-1009, 336-2937Fax: (033) 335-1008Email:[email protected]: www.seafdec.org.ph

CBCRM RESOURCE CENTER (CBCRM-RC)

Undertakes learning and knowledge management,networks and links with other organizations, andconducts research, community organizations, coastalresource management, and capacity-building activities.

Program Coordinator107-A PSSC Building,Commonwealth Avenue,Diliman, Quezon City 1101Tel: (02) 920-3368 Fax: (02) 920-9968Email:[email protected]: www.cbcrm-rc.freeservers.com

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REFERENCES AND TOOLS 3


MARINE RESOURCE DIVISION- PHILIPPINE COUNCIL FOR AQUATIC AND MARINERESEARCH AND DEVELOPMENT (PCMARRD)

TrainingsCoastal Management Training Program for LocalGovernments

A consortium of institutions—ICLARM, HARIBON, DA-BFAR, DENR-CMMO, DOST-PCAMRD)—that offers a 12-day training course designed for LGUs. The trainingaims to:

- Develop a pool of coastal managementpractitioners in LGUs from governmentorganizations, academe, NGOs, private sector, andPOs.

- Bring together major stakeholders who will work together in the formulation andimplementation of an ICM plan for each coastal municipality or city in the Philippines.

National Course on Integrated Coastal ManagementA national course formed by a group of practitioners to train coastal managers in each regionof the country. The course is designed to develop skills in planning and implementation.These courses are available in the Philippines to groups of 25-30 persons at US$1,000/personinclusive of lodging, food, workshop materials, and field expenses.

Marine Resource DivisionPhilippine Council forAquatic and MarineResearch and Development(PCMARRD)Los Baños, LagunaTel: (049) 536-1566 Fax: (049) 536-1566; 536-1582Email: [email protected]

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CRM NET

Generates information and knowledge on the coastalenvironment and coastal communities of the Philippines.Facilitates the exchange of experiences, information,and knowledge on the CBCRM and Integrated CoastalManagement (ICM) between and among the membersof CRM Net, and similar networks abroad.Fosters and nurtures the linkages between and amongthe various advocates, practitioners, and stakeholders incoastal resource management.Synthesizes, promotes, and advocates standards ofgood practice in CBCRM and ICM.Promotes an open and frank atmosphere for discussionsand exchanges between and among the members ofCRM Net and other similar networks in South and Northcountries.Creates a focal point for the interaction and exchange among all advocates and practitionersof CBCRM and ICM.

ChairpersonCRM Net SecretariatRoom 107-A, Ground Floor,Philippine Social ScienceCenter Bldg., Commonwealth Ave.,Diliman, Quezon City,PhilippinesTel: (02) 927-9237 Fax: (02) 920-3368Email:[email protected]:www.cbcrmlearning.org

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MARINE SCIENCE INSTITUTE (MSI)

Organizes a nationwide clam seeding project withlocal communities, dubbed “Seven Thousand Clamsfor Seven Thousand Islands”Educates the public on the significance of preservingthe remaining reefs and of enhancing andrehabilitating those already damaged.

Marine Science Institute (MSI)University of the PhilippinesDiliman, Quezon CityTel: (02) 922-3921; 920-5301 to99 loc. 7428/7430 Dr. Alino (02) 922-3959Fax: (02) 924-7678Email:[email protected];[email protected]

❙ ACADEMIC INSTITUTIONS

MARINE SCIENCE INSTITUTE – COMMUNITY ECOLOGY GROUP (MSI-COMECO)

Conducts research for generating basic informationnecessary for sustainable use, management, andconservation of marine environment.Provides community development and extensionactivities such as mangrove reforestation, ecotourism, andsolid waste management.

Marine Science Institute –Community Ecology Group(MSI-COMECO)University of the Philippines,Diliman Campus, Quezon City 1101Tel: (02) 922-3921Fax: (02) 924-7678Email: [email protected]

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ATENEO CENTER FOR SOCIAL POLICY AND PUBLIC AFFAIRS (ACSPPA)

Focuses on local government units at themunicipal level and all major players andstakeholders in the arena of localgovernment.Focuses on the areas of local governanceand decentralization, people’s participationin governance, government-civil society-private sector partnerships andcollaboration, and NGO policy influence.Engages in special projects concerningpolitics and governance which it sees as urgent and strategic given a certain conjuncture.

Executive DirectorSocial Development Complex, Ateneode Manila University Campus, LoyolaHeights, Quezon City 1108Tel: (02) 426-6062, (632) 426-6061Fax: (02) 426-65999Email: [email protected];[email protected]:www.admu.edu.ph/auxunits/csppa.htm

SCHOOL OF ENVIRONMENTAL SCIENCE AND MANAGEMENT-UNIVERSITY OFTHE PHILIPPINES LOS BAÑOS (SESAM-UPLB)

Provides short-term technical assistance to localcommunities and groups.Reaches out to the various sectors of society throughworkshops, seminars, training, publications, exhibitsand library services.

Dean SESAM-UPLBUniversity of the Philippines, LosBaños Campus, Laguna 4031Tel: (049) 536-2251, 536-3080;536-2836Fax: (049) 536-2251Email:[email protected],[email protected]

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COLLEGE OF SOCIAL WORK AND COMMUNITY DEVELOPMENT-UNIVERSITYOF THE PHILIPPINES (CSWCD-UP)

Provides training for community developmentpractitioners and social service workers for bothgovernment and non-government sectors.Promotes gender awareness and gender-fair practices.Offers a library that houses a sizeable collection ofwomen’s resource and has become a hub of women’sstudies for scholars and activists in and outside theUniversity of the Philippines.Conducts out-of-campus training on gender awareness and women’s issues.

CSWCD-UPUniversity of thePhilippines DilimanCampus, Quezon City 1101Tel: (02) 920-5301 to 99locals 7428/7430, 922-3021Fax: (02) 929-8438

UNIVERSITY OF THE PHILIPPINES IN THE VISAYAS (UPV)

Conducts teaching, research, and extensionprograms.Project Sites: Panay Island, Cebu Island, Leyte Island

University of the Philippines in theVisayas (UPV)UPV Campus, Miagao, Iloilo 5023-ATel: (033) 228-1534, 513-7014Fax: (033) 338-1534, 513-7012Email: [email protected] address: www.upv.edu.ph

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SILLIMAN UNIVERSITY MARINE LABORATORY (SUML)

Conducts researches in taxonomy, biology,conservation, management, feasible mariculture onmarine and aquatic resources.Offers training courses and extension (outreachactivities) services.

DirectorSilliman University, DumagueteCity 6200Tel: (035) 225-2599, 225-4606Fax: (035) 225-2500Email: [email protected]:www.mozcom.com/~misucrm

SILLIMAN UNIVERSITY-ANGELO KING CENTER FOR RESEARCH ANDENVIRONMENT MANAGEMENT (SUAKCREM)

Conducts research on effects of marine reserves on fishpopulations and conservation research on Philippineherbs.Conducts community-based resource managementon small islands of Mindanao Sea; management offishery resources in Dapitan City, Zamboanga del Norte;and coastal resource management in Misamis Orientaland Camiguin Island.Project Sites: Bohol Strait, Bohol Sea, Sulu Sea, VisayanSea, main islands in the Philippines

Executive Director2/F Marine Laboratory, SillimanUniversity, Bantayan,Dumaguete City, NegrosOriental 6200Tel: (035) 422-5698, 422-5605Fax: (035) 225-2500Email:[email protected],[email protected]

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❙ REFERENCEs

◗ CASE BOOKS

Kaban-Galing. The Philippine Case Bank on Innovation and Exemplary Practices in Local Governance.Galing Pook Foundation, Ford Foundation, United Nations Development Program, United NationsInternational Children’s Educational Fund, Local Government Agency. 85 pp.

Ferrer, de la Cruz, Domingo. Seeds of Hope. A Collection of Case Studies on Community-BasedCoastal Resources Management in the Philippines. College of Social Work and CommunityDevelopment University of the Philippines, in association with NGO Technical Working Group forFisheries Reform and Advocacy, 1996. 223 pp.

Ferrer, E., L. de la Cruz and G. Newkirk (Eds). Hope Takes Root. Community-based Coastal ResourcesManagement Stories from Southeast Asia. CBCRM Resource Center, UP Social Action and ResearchDevelopment Foundation, Inc., UP College of Social Work and Community Development andCoastal Resources Research Network, Dalhousie University, Canada, 2001.

Dacanay, M.M.V. et. al. Living Stories. Exemplary Philippine Practices on Environment and SustainableDevelopment. Foundation for a Sustainable Society, Inc., Foundation for the Philippine Environment,Philippine Rural Reconstruction Movement, 1999. 232 pp.

Community Based Strategies in Natural Resource Management. Ashra Voluntary Service Organization,The Foundation for the Philippine Environment, NGOs for Integrated Protected Areas (NIPA), 1999.216 pp.



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E.M. Ferrer, et. al. Tagaporo: The Island Dwellers. Coastal Resource Profile of Barangay Dewey, Bolinao,Pangasinan. University of the Philippines College of Social Work and Community Development, 1994.Beating the Drums: Advocacy for Policy Reform in the Philippines. Co-Advocacy Working Group,Oxfam Great Britain, Oxfam America, National Center for Cooperation in Development, ChristianAid, Action for Economic Reform, Freedom from Debt Coalition, 1999. 83 pp.

Ututalum,Villavicencio. Gender and Environment Alliances in Three Ecosystems. Philippines-CanadaLocal Government Support Program, 1999. 108 pp.

A National Wetland Action Plan for the Republic of the Philippines. Protected Areas and WildlifeBureau, Department of Environment and Natural Resources, Wetlands International-Asia Pacific,Nagao Natural Environment Foundation, Australian Agency for International Development,Worldwide Fund for Nature-International.

Biyaheng Dagat. Venturing the Sea: The CB-FIRM Story. Center for Empowerment and ResourceDevelopment, 1998. 38 pp.

Fellizar, Francisco, Jr. Community-Based Resource Management: Perspectives, Experiences and Policyissues. UPLB: Institute of Environmental Science and Management, 1993.

◗ SOURCE BOOKS, TOOL KITS, TRAINING MANUALS

Utilizing Different Aquatic Resources for Livelihoods in Asia: A Resource Book. International Institutefor Rural Reconstruction, International Development Research Center, Food and AgricultureOrganization of the United Nations, Network of Aquaculture Centers in Asia-Pacific and InternationalCenter for Living Aquatic Resources Management, 2001. 416 pp.



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Uychiaoco, S.G., et. al. Coral Reef Monitoring for Management. Marine Science Institute, MarineEnvironment and Resources Foundation Inc., University of the Philippines, Diliman, GuiuanDevelopment Foundation Inc., University of the Philippines in the Visayas, Tacloban, Voluntary ServiceOverseas-Philippines, Bohol Integrated Development Foundation, Inc., 2001. 92 pp.

Roldan, Sievert. An Introduction to Coastal Resource Management for Local Government Officials andCommunity Organizers. Fisheries Resource Management Project, Bureau of Fisheries and AquaticResources, Department of Agriculture, 2001. 51 pp.

Participatory Methods in Community-based Coastal Resource Management. 3 Vols. Silang, Cavite,Philippines: International Institute of Rural Reconstruction, 1998.

Sustainable Livelihood Options for the Philippines and Information Kit. 3 Booklets. Department ofEnvironment and Natural Resources.

Livelihood Options for Coastal Communities. Volume II. International Institute of Rural Reconstruction,Silang, Cavite and Small Islands Agricultural Support Services Programme. Cebu City, Philippines:1998. 74 pp.

White, Trinidad. The Values of Philippine Coastal Resources: Why Protection and Management are Critical.Coastal Resource Management Project of the Department of Environment and Natural Resourcessupported by the United States Agency for International Development, 1998. 96 pp.

Brzeski, J. Graham, and G. Newkirk. Participatory Research and CBCRM: In Context. Coastal ResourcesResearch Network, International Development Research Centre, 2001. 171 pp.

Sustainable Coastal Resource Management (An Implementation Guide). Philippines-Canada LocalGovernment Support Program, Phase II (LGSP II).



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Murray Li, Tania. Gender Issues in Community-based Resource Management: Theories, Applications andPhilippine Case Studies. UPLB: Institute of Environmental Science and Management, 1993.

Primer On Protected Areas. Tanggol Kalikasan, Haribon. 173 pp.

Guidelines and Consideration in the Establishment and Management of the Marine Protected Areasin the Philippines. Fisheries Resource Management Program, 2001

Marine Protected Area Management. Fisheries Resource Management Program. n.d.

Training of Trainers on CRM Planning. Fisheries Resource Management Program. n.d.

◗ LEGAL REFERENCES

Rodrigo, Quicho Jr. The Environment on the Scale: Ipagtanggol ang Kalikasan II. Philippine JudicialAcademy, Tanggol Kalikasan, 2001. 204 pp.

Compilation of Policy Issuances 1996-1998. Protected Areas and Wildlife Bureau, Department ofEnvironment and Natural Resources. 314 pp.

Arceli Librero, et. al. Abstracts of Ordinances and Resolutions on Environment and Natural ResourceManagement Regions III, V, XI. UPLB: Institute of Environmental Science and Management, 1995.

◗ DATABASES/STATISTICS

Vergara, J.W.M., et. al. Reefbase 2000 Improving Policies for Sustainable Management of Coral Reefs.International Center for Living Aquatic Resources Management, 2000. 164 pp.

Statistics on Philippine Protected Areas and Wildlife Resources. Protected Areas and Wildlife Bureau,Department of Environment and Natural Resources, 2000. 275 pp.



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◗ PROFILES

Green, S.J., et. al. Bohol Island: Its Coastal Environment Profile. Bohol Environment Management Office,Bohol and Coastal Resource Management Project, 2002. 174 pp.

Coastal Resources Assessment of Sultan Naga Dimaporo, Lanao del Norte. Philippines-Canada LocalGovernment Support Program, Phase II (LGSP II).

◗ NEWSLETTERS AND NEWS MAGAZINES

Infonet, The NGOs for Fisheries Reform.

CBCRM Regional Newsletter, The Community-Based Coastal Resources Management. Quarterly.

Sagip Dagat, Fisheries Resource Management Project, Department of Agriculture and Bureau ofFisheries and Aquatic Resources, Quarterly.

Asean Biodiversity, ASEAN Regional Center for Biodiversity Conservation, Quarterly.

Suhay, National Integrated Protected Areas Programme-Department of Environment and NaturalResources.

Haring Ibon, Haribon Foundation Inc.

DA-BFAR News, Official Publication of the Bureau of Fisheries and Aquatic Resources.



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◗ TECHNICAL REPORTS/CONFERENCE PROCEEDINGS

Report of the 1st Asian Development Forum: Community-based Natural Resources Management: NGOExperience and Challenges. Asian NGO Coalition for Agrarian Reform and Rural Development(ANGOC), 1994. 91 pp.

Report of the 3rd Asian Development Forum: Village-Centered Development: Towards SustainableDevelopment: Towards Sustainable Livelihoods for Asian Grassroots Communities. Asian NGO Coalitionfor Agrarian Reform and Rural Development (ANGOC), 1995. 132 pp.

Report of the Regional Consultation on Small-scale Fisheries Development in Southeast Asia. Asian NGOCoalition for Agrarian Reform and Rural Development (ANGOC), 1989. 117 pp.

Enhancing the Success of Integrated Coastal Management Initiatives. Technical Report 2. Partnershipsin Environmental Management for the Seas of East Asia (PEMSEA). Technical Report 2, 1996. 32 pp.

Environmental Risk Assessment Manual. Partnerships in Environmental Management for the Seasof East Asia (PEMSEA), 1999. 88 pp.

Integrated Coastal Management in Tropical Developing Countries: Lessons Learned from Successes andFailures. Technical Report 4. Partnerships in Environmental Management for the Seas of East Asia(PEMSEA), 1996. 66 pp.

Manual of Practice: Contingent Valuation Survey for Integrated Coastal Management Applications.Technical Report 12. Partnerships in Environmental Management for the Seas of East Asia (PEMSEA),1997. 28 pp.

Manual on Economic Instruments for Coastal and Marine Resource Management. Technical Report 19.Partnerships in Environmental Management for the Seas of East Asia (PEMSEA), 1999. 89 pp.



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Natural Resource Damage Assessment Manual. Partnerships in Environmental Management forthe Seas of East Asia (PEMSEA), 1999. 121 pp.

Sharing Lessons and Experiences in Marine Pollution Management. Technical Report 20. Partnershipsin Environmental Management for the Seas of East Asia (PEMSEA), 1999. 94 pp.

Water Use Zoning for Sustainable Development of Batangas Bay, Philippines. Technical Report 25.Partnerships in Environmental Management for the Seas of East Asia (PEMSEA), 1999.

◗ PUBLISHED ARTICLES

Pajaro, M. and C.M. Nozawa, and M. Lavides. “Sanktwaryos.” Haring Ibon. The Philippine BiodiversityConservation Magazine, January-March 2001. Haribon Foundation.

Primavera, J.H. “Mangroves.” Haring Ibon. The Philippine Biodiversity Conservation Magazine, May-July 2001. Haring Ibon Foundation.

Arciaga, O.C. “Sanctuaries of San Teodoro.” Haring Ibon. The Philippine Biodiversity ConservationMagazine, July-September 2000. Haring Ibon Foundation.

Brunio, E.O. “The Jandayan Island Experience.” Haring Ibon. The Best of Philippine Biodiversity Issue8, January-March 2002. Haring Ibon Foundation.

De la Paz, B. “What We Need to Know on the Issue of DAO 17.”Haring Ibon. The Philippine BiodiverisyConservation Magazine, October-December 2001. Haring Ibon Foundation.

Carolino, D. and R.C. Capistrano. “Bringing Back the Mangroves.” Haring Ibon. The PhilippineBiodiverisy Conservation Magazine, October-December 2001. Haring Ibon Foundation.



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Cabangan, Zambales

Inopacan, Western Leyte

Hinatuan Bay, Surigao del Sur

Sustainable LivelihoodKatipunan Micro CreditFinancing Program (KMFCP)

Resource ManagementMarine Sanctuaries/MPA

Strong Community/PeoplesOrganization

KUMACAZA (PO Federation)

Community/Peoples OrganizationResource Management

Marine Sanctuaries/MPA NGO-LGU Partnership

Local Peoples OrganizationsPhilDHRRA VisayasMunicipality of Inopacan

Development PlanningSustainable Integrated AreaDevelopment (SIAD)

Sustainable LivelihoodSeaweed FarmingCooperative Store

Sentro Para sa Ikauunlad NgKatutubong Agham atTeknolohiya (SIKAT)Unit 338 Eagle CourtCondominium, 26 Matalino St.,Quezon CityTel: (02)4368950

PhilDHRRA Visayas RegionalSecretariat Programme Manager16 Queens Road, Cebu CityTel: (032) 412-6840

Municipal Government ofInopacan Inopacan, Western Leyte

Center for Empowerment andResource Development (CERD),Inc.

STUDY TOUR SITES ESSENTIAL FEATURES CONTACT DETAILS

❙ LIST OF POTENTIAL STUDY TOUR SITES ON CRM

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Baliangao, Misamis Occidental

Resource ManagementMarine Protected Area(Municipal and Barangay)

Civil Society-LGU PartnershipsCERDMunicipality of HinatuanPeoples Organizations

Resource managementWetland Park/ProtectedSeascapeMangrove ForestMt. Malindang Protected Area

NGO-Inter-LGU PartnershipsPipuli FoundationMunicipality of PlaridelMunicipality of BaliangaoDanao Bay ResourceManagement Office (PO-managed)

Management PlanningProtected Area Planning

Executive Director102-E R&L Bldg., Kamuning, Quezon CityTel: (02) 925-1642

Municipal Government ofHinatuanHinatuan, Surigao del Sur

Pipuli Foundation,Inc.Dy Apartment, Bernad Subdivision, Ozamiz City, Mis. Occ. Tel: (088) 521-1992Website:www.ozamiz.com/earthcalls

Baliangao Wetland Park Board

Danao Bay ResourceManagement Council


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Apo Island,Dumaguete City, Negros Oriental

Honda Bay, Palawan

Resource ManagementFirst Marine Protected Area

PartnershipsAcademic Institutions –Silliman UniversityProvince of Negros OrientalPeoples/CommunityOrganizations

Policy Advocacy and ParalegalWork

Lobbying BFARParalegal Assistance to affectedcommunities

PartnershipsELACCity Government of PalawanPeoples Organizations

Provincial Government of NegrosOriental

Silliman UniversityDumaguete City, Negros OrientalTel: (035) 422-5698

Environmental Legal AssistanceCenter, Inc (ELAC)271-E Malvar St., Puerto Princesa City, PalawanTel: (048) 433-5183Email: [email protected]

Palawan NGO Network, Inc.(PNNI)No. 3 Zanzibar Bldg., Rizal Avenue,Puerto Princesa City, PalawanTel: (048) 434-3370

City Government of PuertoPrincesa


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Illana Bay, MisamisOccidental

Province of Bohol

Guiuan, Eastern Samar

Inter-LGU PartnershipsIllana Bay Regional Alliance 9FSP Project Site

Resource ManagementMarine Sanctuaries/MPAs

Inter-LGU PartnershipsBohol EnvironmentalManagement OfficeCRMP Project Sites

Resource ManagementMPAs/ Marine Sanctuaries

Resource ManagementMPAs/Marine SanctuaryIntegrated Seaweed FarmingCoral Reef Monitoring

Sustainable LivelihoodEcotourismCooperatives

Illana Bay Regional Alliance 9(IBRA 9)2nd floor Balgo Bldg. Capitol Compound, Pagadian City

Bohol Environmental ManagementOffice (BEMO)Provincial Government of BoholTagbilaran City

Haribon Foundation4th Floor Fil-Garcia Bldg., KalayaanAve. Quezon CityTel: (02) 433-4363Website: www.haribon.org.ph

Guiuan Development FoundationMargarita de la Cruz117 P. Zamora St., Tacloban City, LeyteTel: (053) 325-6592


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Lingayan Gulf, PangasinanMunicipality of San TeodoroMunicipality of Bolinao

Strong Community/PeoplesOrganizations

22 Peoples Organizations

Resource ManagementMPAs/Marine SanctuaryCoral Reef ManagementMangrove Reforestation

Inter-Agency PartnershipsAcademeLGUsCommunity/PONGOs

University of the PhilippinesMarine Science InstituteUP-Diliman, Quezon City Tel: (02) 922-3921

UP- College of Social Work andCommunity Development UP-Diliman, Quezon City Tel: (02) 920-5301 to 99

Haribon Foundation4th Floor Fil-Garcia Bldg., Kalayaan Ave.Quezon CityTel: (02) 433-4363Website: www.haribon.org.ph

Provincial Government ofPangasinan

Municipal Governments of SanTeodoro and Bolinao


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Island Garden City of Samal

Batangas Bay, Batangas

Resource ManagementMariculture Park

Inter-Agency PartnershipsBFARCity of IgaCoSSEAFDEC

Resource ManagementIntegrated CoastalManagementPublic Private Partnerships

Inter-Agency PartnershipsPG-ENRO/LGUs of BatangasBay RegionAcademeBatangas Bay IndustriesBatangas Coastal ResourceManagement Foundation

The City Mayor City HallIsland Garden City of Samal

Provincial Government of BatangasBatangas PG-ENROCapitol Site, Batangas City


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Barangay Hugom, Laiya,San Juan Batangas

Resource ManagementMPAPilot site for reefrehabilitation through coraltransplantation

PartnershipsBeach Resort OwnersHayuma FoundationLGUs – (barangay level)

Capability Building Paralegal TrainingParticipatory Coral ReefMonitoring

Hayuma Foundation, Inc.87-A Scout de Guia, Diliman, Quezon CityTel: (02) 372-2884



ANNEXES

There are several policies that impact on coastal resource management in the Philippines.However, during the last decade, RA 8550 known as the Philippine Fisheries Code of 1998and the RA 7160 also known as the Local Government Code of 1991 provided significant

changes in the fisheries and environment sectors and provide enough mandate to LGUs to getinvolved in coastal resource management.

These laws were followed by various policy issuances that provide implementation guidelines forvarious provisions of the Code. Despite the modest opportunities offered by the law for more activeparticipation of small fisherfolk and civil society groups in decision-making and resourcemanagement, several issues and concerns still remain whose resolution require the political willand cooperation of various stakeholders. This is especially true for city and municipal localgovernment units, whose role has been particularly highlighted by virtue of its jurisdiction overmunicipal waters. Among the issues that stimulated a lot of reaction recently was the issue ofdelimiting access to municipal waters through delineation, as articulated in DAO 17-2001.

The following are highlights of national policies that impact on coastal resource management inthe country and provide LGU mandates to pursue CRM in their respective area.

LGU MANDATES AND POLICIES IN COASTALRESOURCE MANAGEMENT IN THE PHILIPPINES

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❙ LGU Mandates in Coastal Resource Management

◗ PHILIPPINE CONSTITUTION 1986

Article II, Sec. 16.Right to balanced and healthful ecology

Article II, Sec. 2 (Regalian Doctrine)State ownership of natural resources

Article XIII Right of people to participate in decision making at all levels

Article XII, Sec. 2 Priority to small fishers and fishworkers in the utilization of natural resources in rivers, bays, andlagoons

Article XIII,Sec. 7Right of subsistence fishers to the use of communal fishery resources; support to fishers; protectionof offshore fishing grounds against foreign intrusion

◗ DENR ADMINISTRATIVE ORDER (DAO) 2001- 17 GUIDELINES FOR THEDELINEATION AND DELIMITATION OF MUNICIPAL WATERS

Section 4 (C) Role of Local Government Units1. Request the NAMRIA to delineate/delimit the boundaries of their municipal waters;2. Conduct public hearings and consultations in relation to the proposed delineation/delimitation;

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3. Settle disputes with adjacent or opposite municipalities arising from the delineation/delimitationthrough the Sangguniang Bayan/Panglungsod or Panlalawigan or in any appropriate body;

4. Enact ordinances setting forth the extent of its municipal waters, incorporating thereof themaps or charts and technical descriptions.

◗ REPUBLIC ACT 7160, ALSO KNOWN AS THE LOCAL GOVERNMENT CODE OF 1991

Provisions that refer to LGU Role In Natural Resource Management:

Book II Section131, Item (r) on the LGCDefinition of municipal waters

Section 3, item (i)Local government units shall share with the national government the responsibility in themanagement and maintenance of ecological balance within their territorial jurisdiction, subjectto the provisions of this Code and national policies.

Section 16Role of the Local Government in the Promotion of the General Welfare.“ …ensure and support,among other things, the preservation and enrichment of culture, promote health and safety,enhance the right of the people to a balanced ecology, encourage and support the developmentof appropriate and self-reliant scientific and technical capabilities, improve public morals, enhanceeconomic prosperity and social justice, promote full employment among their residents, maintainpeace and order, and preserve the comfort and convenience of their inhabitants.

Section 17 (Basic Services and Facilities), item (b) number (2) (i)“Extension and on-site research services and facilities related to agriculture and fishery activitieswhich include dispersal of livestock and poultry, fingerlings and other seeding materials foraquaculture; palay, corn, and vegetable seed farms; quality control of copra and improvement and

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112

development of local distribution channels, preferably through cooperatives; interbarangayirrigation system; water and soil resource utilization and conservation projects; and enforcementof fishery laws in municipal waters including the conservation of mangroves.”

Number (2) (v) of the same section:“Solid waste disposal system or environmental management system and services or facilitiesrelated to general hygiene and sanitation.”

Number (3) (i) of the same section:“Agricultural extension and on-site research services and facilities; and assistance in the organizationsof farmers’and fishermen’s cooperatives and other collective organizations, as well as the transferof appropriate technology.”

Number (3) (iii) of the same section“Pursuant to national policies and subject to supervision, control and review of the DENRenforcement of forestry laws limited to community-based forestry projects, pollution control law,small-scale mining law, and other laws on the protection of the environment”

Section 33 of the LGC“Local government units may, through appropriate ordinances, group themselves, consolidate orcoordinate their efforts, services and resources for purposes commonly beneficial to them. Insupport of such undertakings, the local government units may, upon approval by the sanggunianconcerned after a public hearing conducted for the purpose, contribute funds, real estate, equipment,and other kinds of property and appoint or assign personnel under such terms and conditions asmay be agreed upon by the participating local units through Memoranda of Agreement.”

Section 35“Local government units may enter into joint ventures and such other cooperative arrangementswith people’s and non-governmental organizations to engage in the delivery of certain basic



113

services, capability-building and livelihood projects, and to develop local enterprises designed toimprove productivity and income, diversity agriculture, spur rural industrialization, promoteecological balance, and enhance the economic and social well-being of the people.”

Section 36“A local government unit may, through its local chief executive and with the concurrence of thesanggunian concerned, provide assistance, financial or otherwise, to such people’s and non-government organizations for economic, socially-oriented, environmental, or cultural projects tobe implemented within its territorial jurisdiction.”

◗ REPUBLIC ACT 8550 THE PHILIPPINE FISHERIES CODE OF 1998

Provisions that impact on the role of LGUs:

Article 1 Municipal Fisheries

Sec. 16 Jurisdiction of Municipal/City Governments

Sec. 18 Users of Municipal Waters

Sec. 19 Registry of Municipal Fisherfolk. The LGU shall maintain a registry of municipal fisherfolk….

Sec. 22Demarcated Fishery Right

Sec. 23Limited Entry into Overfished Areas

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114

Sec. 24 Support to Municipal FisherfolkArticle 3 Aquaculture

Sec. 51License to operate Fish Pens, Fish Cages, Fish Traps and other Structures for the Culture of Fish andOther Fishery Products

Sec. 52Pearl Farm Leases

Sec. 53Grant of Privileges for Operations of Fish Pens, Cages, Corrals/Traps and Similar Structures

Sec. 56Non-Obstruction to Defined Migration Paths

Sec. 57Registration of Fish Hatcheries and Private Fishponds, etc.

Article 4 Post-Harvest Facilities, Activities and Trade

Sec. 59. Establishment of post-harvest facilities

Sec. 60 Registration and Licensing of all Post-Harvest Facilities



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Article II The FARMCS

Sec. 68Development of Fisheries and Aquatic Resources in Municipal Waters and Bays- Fisherfolk and theirorganizations residing within the geographical jurisdiction of the barangays, municipalities of citiesthe concerned LGUs shall develop the fishery/aquatic resources in municipal waters and bays.

Sec. 69 Creation of Fisheries and Aquatic Resources Management Councils (FARMCs)

Sec.73The M/CFARMCS

Sec.74Functions of the M/CFARMCs

Sec.75Composition of the M/CFARMCs

Sec.76The IFARMC

Sec.77 Functions of the IFARMCs

Sec.78Composition of the IFARMCs

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Sec.79Source of Funds of the FARMCs

Chapter IV Fishery Reserves, Refuge and Sanctuaries

Sec. 80Fishing Areas Reserved for Exclusive Use of Government

Sec. 81Fish Refuge and Sanctuaries

Chapter VII General Provisions

Sec. 108Fisherfolk Settlement Areas

Sec. 109Municipal Fisheries Grant Fund

Sec. 111Fishing Vessels Development Fund

Sec. 112 Special Fisheries Science and Approfishtech Fund

Sec. 114 Other fisheries financing Facilities



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Sec. 120Extension Services

Sec. 124 Protection of Sensitive Technical Information

◗ REPUBLIC ACT 8435 - AGRICULTURE AND FISHERIES MODERNIZATION ACT OF1997

Provisions that Impact on the Role of LGUs:

Chapter 1Strategic Agriculture and Fishery Development Zones

Sec. 6Network of areas for agriculture and agro industrial development. Department shall consult withLGUs, NGOs, farmers/fisher groups, other agencies in the identification of SAFDZs within thenetwork of protected areas for agriculture and agro-industrial development

Sec. 9Delineation of SAFDZ

Sec. 10 Preparation of land use and zoning ordinances

Sec. 19Role of other agencies. Shall support the Department in the implementation of Agriculture andFisheries Modernization Plan (AFMP). DILG shall provide assistance in mobilizing resources underthe control of the LGUs.

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❙ COASTAL RESOURCE MANAGEMENT POLICIES

◗ ON FISHPONDS AND MANGROVE CONVERSION

PD 705 (1975) Revised Forestry code: retention (and exclusion from pond development) of 20 m-wide mangrovestrip along shorelines facing oceans, lakes, etc.

PD 953 (1976)Fishpond/mangrove leaseholders required to retain or replant 20-m mangrove strip along rivers,creeks.

PD 1586 (1978)Environmental Impact Statement (EIS) system (covering resource extractive industries such asfishponds.)

RA 8850The Philippine Fisheries Code

BFAR AO 125 (1979)Conversion of fishpond permits and 10 to 25 year Fishpond Lease Agreement or FLA (to acceleratepond development).

MNR AO 3 (1982)Revision of guidelines in classification and zonation of forest land.

DENR AO 76 (1987)Establishment of buffer zone: 50 m fronting seas, oceans and 20 m along riverbanks; lessees of pondsunder FLA required to plant 50 m-mangrove strip.



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RA 6657 (1988)Exemption of fishpond areas from Comprehensive Agrarian Reform Law for 10 years.

BFAR AO 125-1 (1991)Increase in fishpond lease from US$2 to US$40/ha/yr effective 1992.

BFAR AO 125-2 (1991)Full implementation of AO 125-1. Delayed.

DENR AO 34 (1991)Guidelines for environmental clearance Certificate (applicable to fishponds).

DENR AO 21 (1992)Implementing guidelines for EIS.

RA 7881 (1995)Fishpond exemption from agrarian reform extended.

◗ ON MANGROVE CONSERVATION AND REHABILITATION


RA 7161Prohibition on mangrove cutting amending PD 705

PD 705 (1975)Revised Forestry Code: Mangrove strips in islands, which provide protection from high winds,typhoons shall not be alienated.

ANNEXES


120

PP 2151 & 2152 (1981)Declaration of 4,326 hectares of mangroves as wilderness areas and 74,767 hectares as forestreserves.

PP 2146 (1982)Prohibition on mangrove cutting.

MNR AO 42 (1986)Expansion of mangrove forest belt in storm surge, typhoon prone areas: 50-100 meters alongshorelines, 20-50 meters along riverbanks.

PD 10673 to 20 m of riverbanks and seashore for public use: recreation, navigation, flotage, fishing andsalvage: building of structures not allowed.

DENR AO 77 (1988)Implementing guidelines of Integrated Social Forestry Program (provides incentives in co-management of forest resources through provision of legal tenure).

DENR AO 15 (1990)Policies on communal forest, plantations, tenure through Mangrove Stewardship Contracts,reversion of abandoned ponds to forest areas; ban on cutting of trees in FLA areas; prohibition againstfurther conversion of thickly vegetated areas.

DENR AO 9 (1991)Policies and guidelines for Mangrove Stewardship Agreement.



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RA7160 (1991)Local Government Code: devolved management/ implementation of community forestry projects;communal forest <500 ha; enforcement of community-based laws.

DENR AO 30 (1994)Community-based Mangrove Forest Management NGO assistance.

◗ IMPLEMENTING GUIDELINES OF SELECTED PROVISIONS OF RA 8550

FAO 196 (2000)Guidelines on the Creation and Implementation of Fisheries and Aquatic Resources ManagementCouncils (FARMCs)

DENR AO 17 (2001)Guidelines for Delineating/Delimiting Municipal Waters

FAO 201 (2000)Ban of Fishing with active gear

FAO 206 (2001)Disposal of confiscated fish and items on fishing through explosives and noxious or poisonoussubstances

FAO 208 (2001)Conservation of rare, threatened and endangered species

FAO 209 (2001)Guideline on the production, harvesting, handling and transportation of shellfish for implementationof the local government

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FAO 214 (2001)Code of Practice for Aquaculture

FAO 216 (2001)Obstruction of Navigation in Streams, Rivers, Lakes and Bays

FAO 217 (2001)Obstruction to Defined Migration Paths

◗ REGULATIONS AND DETERRENCE

RA 6541Prohibition and punishment of electro fishing


RA 7942Quarrying of Resources

PD 1198Limit gathering of corals

PD 1219Regulation and conservation of coral resources

PD 463Mineral resources Development Decree – penalty relative to mining pollution



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PD 705Forestry Code, Sec 16

◗ PROTECTION AND CONSERVATION OF MANGROVE AREAS

PD 984Pollution Decree of 1976

◗ GUIDELINES ON WASTE AND EFFLUENT MANAGEMENT

RA 9003Solid Waste Management Act

RA 6969Anti-Toxic and Hazardous Substances Act

DENR AO 03Policies and guidelines for the award and administration of Mangrove Stewardship Agreement

DENR AO 15 (1990)Regulations governing the utilization, development, and management of mangrove resources

DENR AO 34 (1990)Revised water usage and classification/water quality criteria

DENR AO 35 (1990)Establishes effluent standards

ANNEXES


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DENR AO 34 (1991)Guidelines for the issuance of environmental compliance certificate for fishpond development

FAO 11Rules and regulation for marine molluscs protection

FAO 125Rules and regulations governing the granting of 25 years FLAs

FAO 144Rules and regulations on commercial fishing: Licensing Restrictions

FAO 163Prohibiting the operation of “muro-ami” and “kayakas” in all waters

FAO 164Rules governing the operation of “hulbot-hulbot” in Philippine waters

FAO 3Providing for the conservation of “banak”(mullet), establishing a closed season from November 15to January 15 of each year, and regulating construction of fish corrals to be 200 m apart

◗ RESOURCE PROTECTION

RA 6969 and DENR AO 29Toxic substances and hazardous and nuclear waste control act of 1990 and implementing guidelines



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RA 7586Establishment and management of national integrated (NIPAS ACT) protected areas system inremarkable areas and biologically important public lands

PD 856Industrial hygiene; sewage disposal

PD 976Prevention and Control of Marine Pollution; EMB to promulgate rules and policies about marinepollution; Phil Coast Guard to enforce laws, rules and regulations governing marine pollution

RA 9147Wildlife Conservation Act

PD 1067 (Article 73/74)Protection of swamps and marshes protected from drainage operation and development

PD 1152 (Phil Environment Code)Management of air and water quality and land use

PD 1586Every project to comply with an Environmental Impact Statement System

DENR AO 76 Establishment of buffer zone in coastal and estuarine mangrove area

ANNEXES


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RA 716Local Government Code of 1991 pertains to devolution of some national government functionsto the municipal government units as well as participation of people’s organizations and NGOs inlocal governance

EO 117Establishment of the inter-agency task force for coastal environmental protection

DA-DILG Memo of AgreementDevolving to the LGUs authority to grant licenses for, among others, gathering of aquarium fishes,shelled molluscs; establishment of seaweed farms, etc; and authority to establish closed seasonsin municipal waters

Joint Administrative Order 3 (DA-DILG) Implementing guidelines on the 15-km municipal water, including provision forzonification

AO - Administrative OrderBFAR - Bureau of Fisheries and Aquatic Resources;DENR - Department of Environment and Natural ResourcesMNR - Ministry of Natural ResourcesPD - Presidential DecreePP - Presidential ProclamationRA - Republic Act



CRM - SD with Impact - Coastal Resource Management

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