Table 1. Status of Implementation of Key Provisions of Existing Laws for the Municipal Fisheries Sector.

Registration / Licensing Policy

Relevant Provision of Law

Enabling Ordinances and / or Administrative Orders

Level of Enforcement (for Policies with Implementing Guidelines Only)

Delineation of municipal waters

RA 8550, Section 4 [58]

RA 8550, Section 18, par. 2 (a) to (d)

Local Government Code (LGC) Section 131 [r]

DA AO 1 2004-1

LGU Ordinance

Issue of overlapping boundaries.

Determination of municipal waters of municipalities with offshore islands is not covered by the DAO.

There are already a number of municipalities with offshore islands which have delineated their municipal waters on the basis of DENR’s DAO 17, applying the archipelagic doctrine.

Municipalities with offshore islands which were not able to have their waters delineated under DAO 17 do not have guidelines for delineation.

DAO 2004-1 encompasses coastal areas without offshore islands. The succeeding DAO that will set the guidelines for coastal municipalities with offshore islands is pending until such time that the Department of Justice (DOJ) comes up with its decision on a legal question on the matter.

Some LGUs have already crafted their basic fisheries ordinances which were approved by the Sangguniang Panlalawigan dealing with these matters (through advocacy under BFAR regular activities and projects like FRMP and CBRMP that BFAR is co-implementing with other concerned agencies).

Limitation of entry

RA 8550, Section 23 Rule 23.1of RA 8550 IRR Rule 23.2 of RA 8550 IRR Declaration of Overfished Areas in

Municipal Waters Rule 23.3 Impact Assessment RA 8550, Rule 16.3 of RA 8550 IRR also applies

FAO on guidelines on overfishing / criteria for determining overfished area not yet issued.

LGU Ordinance

Ordinances of this nature should be based on scientific studies and best evidence available.

Closed season is difficult to impose considering the multiplicity of fish species being managed.

Criteria for registration

1987 Constitution Section 2 Article XII

RA 8550 Section 17, 19 and 20

Rule 19.2 – 19.3 of RA 8550 IRR

RA 9295

EO 305, s. 2004

EO 125 / 125A

Civil Code of the Philippines Labor Code of the Philippines Chapter II, Article 139

LGU Ordinance

DOLE Department Order No. 4, Series of 1999 Section 3

Issue of underage fishers.

Criteria for licensing

1987 Constitution RA 8550 Rule 7.5 – 7.8 and 16.1 of RA 8550 IRR RA 8550, Sections 17, 18, 21 LGC, Section 149

LGU Ordinance

Citizenship requirement is strongly enforced; residency requirement of at least 6 months in the municipality is waived by some LGUs.

Total allowable catch (TAC)

RA 8550, Section 7, 4[72], 8 Rule 7.1 of RA 8550 IRR

No FAO on catch ceiling has been enacted yet.

 

Catch ceiling limitations

RA 8550, Section 8, Rule 8.1 – 8.2 of RA 8550 IRR

No FAO on TAC has been enacted yet

MSY has not been established.

License fees based on resource rent

RA 8550, Section 16 Rule 16.2 of IRR (Determination of the license fees is in consultation with the FARMCs.)

DA DAO 3, Rule 16. 2 states that municipality and city governments may, in consultation with the FARMCs, determine license fees of fisheries activities in municipal waters and should, as much as possible, conform to resource rent parameters and not determined arbitrarily.

LGU Ordinance

Subsistence / marginal fishers generally find license fees that cover even just the administrative costs as very costly.

Temporal and area regulations

Rule 16.3 of IRR (Municipalities shall enact, in consultation with BFAR, Special Fisheries Ordinances, such as but not limited to special demarcated fisheries areas, closed season and environmentally critical areas and sanctuaries.

LGU Ordinance

Closed season is difficult to impose considering the multiplicity of fish species being managed. Imposition of closed season requires specification of fishing area to be closed Ordinances should be based on scientific studies and best evidence available.

Restrictions on gear / accessories

RA 8550, Sections 6, 29, 44, 89, 90, 92

FAO 204 (2000), Section 93 FAO 84, 1965 (Prohibiting electro-fishing)

FAO 122, s. 1977 (Prohibiting the use of pantukos under certain conditions)

FAO 155, s. 1986 (Regulating the use of fine-meshed nets)

FAO 163, s. 1986 (Prohibiting the operation of muro-ami and kayakas)

FAO 164, s. 1987 (R & R for hulbot-hulbot)

FAO 188, s. 1993 (R & R for tuna purse seine nets for commercial fishing)

FAO 190, s. 1994 (Regulations re: pa-aling)

FAO 201, s. 2000 (Ban on fishing with active gear)

FAO 203, s. 2000 (Ban on muro-ami)

FAO 204, s. 2000 (Restricting use of super lights)

FAO 222, s. 2003 (Regulations on hulbot-hulbot)

LGU Ordinance

 

 

Fines and penalties

RA 8550, Sections 86, 89, 90, 92, 93, 95, 101, 103 [a], 104

RA 7160, Section 447

LGU Ordinance

RA 7160 limits the maximum fine to P2,500 per violation.

Incentives

RA 8550, Section 34 (For municipal and small-scale commercial fishers)

   

Institutional provisions

(Joint management of enclosed bays; FARMCs;

Bantay Dagat; Roles of private sector)

RA 8550, Article II, Sections 68-79, Section 16 (FARMCs)

EO 240, s. 1995

RA 8550, Section 16, par. 4

Rule 16.7 of IRR (Unified fisheries ordinance for an integrated resource management)

Section 20 (Fisherfolk organizations and / or cooperatives) Section 24 (Support to municipal

fishers) Rule 24.1 – 24.6 of RA 8550 IRR Rule 34.1 of RA 8550 IRR

(Creation of the Inter-Agency Credit Committee)

Rule 34.2 of RA 8550 IRR

(Development and implementation of a capability program for municipal and small-scale commercial fishers) RA 8550, Section 124 (Persons and deputies authorized to enforce the Fisheries Code and other fishery laws, rules and regulations)

FAO 196, s. 2000 (Guidelines on the creation and implementation of FARMCs)

FAO 196-1, s. 2004

LGU Ordinance

 

Funds

RA 8550, Section 109 (Municipal fisheries grant fund)

Section 110 (Fishery loan and guarantee fund)

Section 111 (Fishing vessels development fund)

Section 112 (Special fisheries science and approfishtech fund)

   

Monitoring and Enforcement

RA 8550, Section 14, 65[k] Rule 14.1 of RA 8550 IRR Rule 16. 9 of RA 8550 IRR RA 8550, Section 16 (LGUs are mandated to enforce all fishery laws, rules and regulations as well as valid fishery ordinances in municipal waters.)

LGU Ordinance

Faced with serious challenges, such as lack of resources, lack of financial and moral support, threat of harassment suits.

Lack of cooperation from local law enforcement agencies.

Authority of deputized fish wardens are often questioned and not respected.

Depends on the political will of the concerned LGU.