COASTAL RESOURCE MANAGEMENT
FAQs on Coastal Resource Management
For answers to your questions about legal, jurisdictional and other matters related to coastal resource management anywhere in the Philippines, contact us by fax (63 32 2321825), phone (63 32 2321823), post (CRMP, 5/F CIFC Towers, cor J. Luna & Humabon Sts, North Reclamation Area, Cebu City 6000, Philippines) or e-mail.
Who has jurisdiction over mangrove resources?
CAPTURE FISHERIES AND FISHERY LAW ENFORCEMENT
Does a municipal ordinance banning the use of certain fishing gear within municipal waters need approval from the national agencies for the ordinance to be effective?
No. The municipality or city may institute ordinances banning the use of certain fishing gears without approval from the national agencies. Sections 48 to 59 of the LGC enumerate the step-by-step procedure in local law-making vested on the Mayor and the Sangguniang Bayan (SB) and the manner of approving and validating local legislation by the Sangguniang Panlalawigan (SP) pursuant to Sections 54 and 56, respectively. Section 534 (e) expressly repeals only Sections 2, 16, and 29 of PD 704 and not section 4, which provides for Department approval before any ordinance is passed. Section 534 (f) states that "all general and special laws, acts, city charters, decrees, executive orders, proclamations and administrative regulations, or part or parts thereof which are inconsistent with any of the provisions of this Code are hereby repealed or modified accordingly." This provision thus renders section 4 of PD 704 irrelevant.
Section 17 of the LGC clearly devolves the enforcement function to the appropriate LGU, i.e."for a municipality: enforcement of fishery laws in municipal waters…" . Section 149 further reinforces this capability by identifying the appropriate entity, the SB, specifying its powers and the mechanism to enforce such powers through ordinances: "the SB shall, by appropriate ordinance, penalize the use of explosives, noxious or poisonous substances, electricity, muro-ami, and other deleterious methods of fishing and prescribe a criminal penalty in accordance with provisions of this code; the SB shall have the authority to prosecute any violation of applicable fishery laws".
MANGROVE FORESTRY AND AQUACULTURE
The DA-BFAR is responsible for the leasing of fishponds on government land (fishpond lease agreements). Has the issuance of FLAs been devolved to the LGUs?
No, the issuance of FLA has not been devolved to the LGU. This power is still retained by the DA-BFAR.
Who has jurisdiction over mangrove resources?
Under the LGC, the conservation of mangroves, as well as the implementation of community-based forestry projects (including integrated social forestry programs) has been devolved to the LGUs (municipality or city) pursuant to national policies and subject to the supervision, control, and review of DENR (Sec 17 (2)(i),(ii)). The pertinent guidelines to effect the devolution of these functions are spelled out in DAO 30, s1992. Community-based forestry projects refer to DENR developmental projects involving local communities which include the integrated social forestry projects, family and community contract reforestation, forest land management agreements, community forestry program, and other similar projects. On the other hand, the management, protection, and development of all other areas outside communal forests remain with DENR.
National policies and DENR guidelines for sustainable management of mangrove resources are contained in numerous legal instruments. The basic management framework is provided for in PD 705 or the Forestry Code of the Philippines which ascertains the jurisdiction of DENR in the management of forest land including that of mangroves. DAO 15, s1990 enumerates the various regulatory measures on mangrove conversion and conservation. Other laws that relate to mangrove resources include DAO 3, s1990 : policies for the award of mangrove stewardship contracts; DAO 76, s1987: establishment of buffer zones in mangrove areas; and DENR AOs, Memorandum Circulars, and BFAR Fisheries AOs relating to the control and management of fishpond lease areas converted from mangroves swamps.
The illegality of item 1) is borne by FAO 60, Section 24 of PD 704 and FAO 125, s1979. This provides the rules and regulations governing the conversion of ordinary fishpond permits (1 year) into 25-year FLAs, including eligibility for filing, where and how applications are filed, terms and conditions of the FLAs, rentals and surcharges and grounds for termination, cancellation, or rescission of FLA. Fishponds that operate in BFAR’s area of jurisdiction without FLAs violate these laws and AOs. In this case, the Regional Fishery Officer should be alerted. Item 2) is illegal because it is a violation of MNR AO No. 3. Item 3) is illegal because it is a violation of DAO 15, s1990.
Who has jurisdiction over areas designated as protected areas — the Protected Areas Management Board (under the NIPAS Act) or the LGU? In cases where the PAMB and the LGU do not agree on matters governing the protected areas, how is the conflict to be resolved?
The PAMB. Section 10 of RA 7586 (NIPAS Act) provides for the administration and management of the NIPAS: "the NIPAS is hereby placed under the control and administration of the DENR. For this purpose, there is hereby created a division in the regional offices of the Department to be called the Protected Areas and Wildlife Division in regions where protected areas have been established, which shall be under the supervision of a Regional Technical Director, and shall include subordinate officers, clerks, and employees as may be proposed by the Secretary, duly approved by the Department of Budget and Management, and appropriated for by Congress. Section 11 provides for a Protected Area Management Board (PAMB) which shall be established for each protected area. Each PAMB includes several nominees from various LGUs, including one representative from the autonomous regional government, if applicable; the Provincial Development Officer; one representative from the municipal government; one representative from each barangay covering the protected area; one representative from each tribal community, if applicable; and, at least three representatives from NGOs or local community organizations; and, if necessary, one representative from other departments or NGAs involved in protected area management.
Section 7 of DAO 25 (s1992), or the implementing rules and regulations for RA 7586, further provide for a two-tiered management planning: "NIPAS site management planning and implementation shall be undertaken by protected area staff, which may include an NGO component, and by technical specialists and representatives of local communities within and near the site following a general planning strategy prepared at the national level. The protected area management plan shall be contained within a management manual as provided by Section 9 of the Act. Protected area management shall be under the direction of a site-specific Protected Area Management Board as provided in Chapter V of this Order and NGOs are expected to play an important role in area management along with DENR staff." The issue of jurisdiction for protected areas within municipal waters is also articulated in the definition of municipal waters, which expressly excludes "streams, lakes, and tidal waters within the municipality, not being the subject of private ownership and not comprised within the national parks, public forests, timber lands, forest reserves or fishery reserves….." (LGC, Section 131r).
Since majority of the PAMB members are representatives of LGUs and considering that the Board is mandated by law as the site-specific policy-making body of protected areas, the LGUs have greater influence in the decision-making process than the other representative groups. Therefore, the decision of the Board carries the majority vote of representatives from the LGUs.
It must be noted, however, that the legislative and taxation functions of the LGUs and the administrative authority of the PAMB have different legal bases which are not necessarily in conflict. The LGUs can legislate and impose taxes that shall be effective throughout their territorial jurisdiction, including that of protected areas, because these are functions guaranteed by the Constitution.
For answers to your questions about legal, jurisdictional and other matters related to coastal resource management anywhere in the Philippines, contact us by fax (63 32 2321825), phone (63 32 2321823), post (CRMP, 5/F CIFC Towers, cor J. Luna & Humabon Sts, North Reclamation Area, Cebu City 6000, Philippines) or e-mail.
