Regulatory and Legal Framework

Content

RA No. 7160 (Local Government Code of 1991) RA No. 8550 ( Fisheries Code of 1998) Salient Features of RA # 7160 & RA # 8550

Legal Framework for CRM

CRM is built on a national legal framework on the Phil. Constitution under Article 10, Section 2, and Article 12 for local autonomy

Section 1. The goals of the national economy are a more equitable distribution of opportunities, income and wealth Section 2. The state shall protect the nations marine wealth in its archipelagic waters, territorial sea, and exclusive economic zone, and reserve its use and enjoyment exclusively for Filipino citizens.

Regulatory Framework for CRM (RA # 8550)

Zoning Prescribed specific use of the managed area Preservation zone: no human access other that what is permitted National Park Zone: with high human access but usually no hunting, fishing and collecting Recreational Zone: high human access and control on levels of hunting, fishing, and collecting General Use Zone: commercial, recreational and subsistence activities are allowed with possibility of regulation to provide long-term use or to protect more sensitive area

Closure Involve short term closure during the part of the year Closure for a number of years for habitat recovery Important to breeding of certain species Yield Limitations Permitted level of catch Monitoring yield and prohibiting harvest after certain yield has been obtained Limiting the number and capacity of boats permitted to harvest

Sec. 86 unauthorized Fishing Sec. 91 Ban on Coral Exploitation and Exportation Sec. 98 Capture of Sabalo mother milkfish Sec. 101 Violation of Catch Ceiling

Equipment Limitations Destructive techniques/methods of fishing Net mesh size Anchor design

Sec. 88 Fishing through explosives, noxious or poisonous substances and electro fishing Sec. 89 Use of Fine mesh nets Sec. 90 Use of Active Gear in Mun. Waters Sec. 92 Ban on Muro-ami Sec. 93 Illegal Use of Superlights

Impact Limitations

Permitted level of Pollutants

Sec. 102 Aquatic pollution

Policies and Legislations Under RA# 7160

Transfer

of powers from the central government is necessary to bring development for the countryside Develop localities at their own pace, resources, and discretion Defined the scope and extent of local legislative powers

Overriding Policies relevant to CRM

The expansion of municipal waters to 15 kilometers from 5.5 Kilometers (3 nautical miles) Devolution of powers and functions of DA, DENR, other line agencies to Local government Units Rights to issue licenses, leases, or permits, for the use of municipal waters Preferential treatment to the municipal fishers in the grant of fishery licenses

Salient Features of RA # 7160 Local Government Code

Section 16. General Welfare. LGUs to exercise just about any power that will benefit their constituencies. It includes:

Powers expressly granted by the LGC Powers necessarily implied from the power that is expressly granted Powers necessary, appropriate, or incidental for efficient and effective governance; and Power essential to the promotion of the general welfare of its inhabitant These powers maybe focused upon

Local culture Health and safety Balanced ecology Self-reliant scientific and technological capacities Economic prosperity and social justice

Section 17. Basic Services and Facilities

The utilization and conservation of municipal water resources Enforcement of fishery laws in municipal waters Conservation of mangrove resources Implementation of community-based forestry projects and management and control of community forests Establishment of parks (marine, forest) Establishment of solid waste disposal systems and Environmental management systems related to hygiene and sanitation

Section 33. Cooperative Undertaking. LGU through appropriate ordinance may:

Group themselves, consolidate, or coordinate their efforts, services and resources for the purposes commonly beneficial to them In support to such undertaking, contribute funds, real estate, equipment, and other kinds of property and appoint or assign personnel

Section 35. Linkages with Pos and NGOs

LGUs may enter into joint ventures, cooperative arrangement with POs and NGOs Engage in delivery of basic services, capability building, livelihood projects Develop local enterprises to improve productivity and income, diversify agriculture, spur rural industrialization, promote ecological balance, and enhance the economic and social well-being of the people

The Overriding Policies under RA # 8550, The Philippine Fisheries Code of 1998

Food security as the primary goal Limiting access of the fisheries resources for exclusive use of Filipinos Rational and sustainable development, management and conservation of coastal fishery resources Protection of the rights of fishers (FARMC) Management of coastal and fisheries resources in the light of the concept of integrated coastal area management

Salient Features of Philippine Fisheries Code ( RA # 8550)

Sec. 4. Definition of Terms (10) Commercial Fishing Boat Small scale 3.1 gross tons to 20 gross tons Medium scale 20.1 gross tons to 150 gross tons Large scale 150.1 and above (57) Municipal Fishing Boat 3 gross tons and below (58) Municipal Waters but also two lines drawn perpendicular to the general coastline from points where the boundary lines of the municipality touches the sea at low tide and the third line parallel with the general coastline including offshore islands and fifteen kilometers from such coastline

Sec. 6. Fees and other Fishery Charges. the license fees of fishery activity in municipal waters shall be determined by the LGUs in consultation with the FARMC. The FARMC may also recommend the appropriate license fees that will be imposed Sec. 9. Establishment of Closed Season. Provided , further that in municipal waters fishery managed areas and other areas reserved for the use of the municipal fisherfolk, closed season maybe established by the concerned LGU in consultation with the FARMC for conservation or ecological purposes Sec. 15. Auxillary Invoices. all fish and fishery product must have an auxillary invoice to be issued by the LGU or their duly authorized representative prior to their transport from the point of origin to their point of destination

CHAPTER II MUNICIPAL FISHERIES

Sec. 16. Jurisdiction of City/Municipal Government

Enact appropriate Municipal Fishery Ordinance Enforce all fishery laws, rules and regulations To erect fish corrals, oyster, mussel or other aquatic beds or bangus fry areas Gather, take or catch bangus fry, prawn fry and fry of other species of fish Issue license for the operation of fishing vessels three gross tons or less

Sec. 17. Grant of Fishing Privileges

Sec. 18. Users of Municipal Waters (small and medium Com. F/B in 10.1 to 15 kilometers Sec. 19. Registry of Municipal Fisherfolk

LGU shall maintain a registry of municipal fisherfolk who are fishing or desire to fish in municipal waters for the purpose of determining priorities among them and limiting entry into the municipal waters and of monitoring fishing activities

Thank you very much !!! Madamo gid nga Salamat !!!