CRM - SD with Impact - Coastal Resource Management

COASTAL RESOURCE MANAGEMENT Writers Aileen de Guzman Joyce Reyes Editors Amihan R. Perez Giselle Baretto-Lapitan Project Management Amihan R. Perez Ateneo Center for Social Policy and Public Affairs (ACSPPA) Technical and Editorial Team Rene “Bong”Garrucho, LGSP Mags Maglana, LGSP Abe dela Calzada, LGSP Myn Garcia, LGSP Ricky Nuñez, Jr. Marie Madamba-Nuñez Art Direction, Cover Design & Layout Jet Hermida Photography Ryan Anson

Coastal Resource Management: MAXIMIZING OPPORTUNITIES & OVERCOMING OBSTACLES

Coastal Resource Management: Maximizing Opportunities & Overcoming Obstacles Service Delivery with Impact: Resource Books for Local Government Copyright @2003 Philippines-Canada Local Government Support Program (LGSP) All rights reserved The Philippines-Canada Local Government Support Program encourages the use, translation, adaptation and copying of this material for noncommercial 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 any liability for any consequence arising from the use thereof or from any information contained herein.

ISBN 971-8597-08-5 Printed and bound in Manila, Philippines Published by: Philippines-Canada Local Government Support Program (LGSP) Unit 1507 Jollibee Plaza Emerald Ave., 1600 Pasig City, Philippines Tel. Nos. (632) 637-3511 to 13 www.lgsp.org.ph Ateneo Center for Social Policy and Public Affairs (ACSPPA) ACSPPA, Fr. Arrupe Road, Social Development Complex Ateneo de Manila University, Loyola Heights, 1108 Quezon City This project was undertaken with the financial support of the Government of Canada provided through the Canadian International Development Agency (CIDA).

A JOINT PROJECT OF

Department of the Interior and Local Government (DILG)

National Economic and Development Authority (NEDA)

IMPLEMENTED BY

Agriteam Canada www.agriteam.ca

Federation of Canadian Municipalities (FCM) www.fcm.ca

Canadian International Development Agency

CONTENTS FOREWORD ACKNOWLEDGEMENTS PREFACE ACRONYMS EXECUTIVE SUMMARY INTRODUCTION

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CHAPTER 1: POLICY AND OPERATIONAL ISSUES THAT IMPACT ON EFFECTIVE COASTAL RESOURCE MANAGEMENT Legal Framework Jurisdictional/Institutional Arrangements Issues and Problem Areas Emerging Initiatives/Attempts: The Palawan Experience Insights/Lessons Endnotes References

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CHAPTER 2: GOOD PRACTICES IN COASTAL RESOURCE MANAGEMENT Forging Partnerships Among LGUs, NGOs, and Local Communities Collaborative Undertakings Among International, National and Local Institutions Collaboration Among LGUs

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CHAPTER 3: REFERENCES AND TOOLS Bilateral and Multilateral Projects, Programs and Agencies Academic Institutions References List of Potential Study Tour Sites on CRM

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ANNEXES LGU Mandates and Policies in Coastal Resource Management in the Philippines

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FOREWORD

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he Department of the Interior and Local Government is pleased to acknowledge the latest publication of the Philippines Canada Local Government Support Program (LGSP), Service Delivery 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 Economic Development, Solid Waste Management, Watershed and Coastal Resource Management.

One of the biggest challenges in promoting responsive and efficient local governance is to be able to meaningfully 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 service delivery as they explore new approaches for improving their performance.

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

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

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these resource books, LGUs will be better equipped with new ideas, tools and inspiration to make a difference by expanding their knowledge and selection of replicable choices in delivering basic services with 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 accountable governance.

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

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ACKNOWLEDGEMENTS This publication is the result of the collaboration of the following individuals and institutions that support the improvement of the delivery of coastal resource management by local governments to their constituents 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 discussion and preparing the technical report which was the main reference for this resource book; and for assisting in the review of the manuscript Atty. Gerthie Mayo Anda of ELAC for sharing her article Policy and Operational Issues that Impact on Effective Coastal Resource Management Participants to the Roundtable Discussion on Coastal Resource Management held on August 7, 2002 in Davao City. Their expertise and the animated exchange of opinions helped shape the technical report on which this publication is based: Mayor Fernando Corvera of San Jose, Antique; Mayor Felix Borromeo of Balingasag; Mayor Ramon Piang and Paulo Cagara of Upi; Jun Sevilla of Muntinlupa City; Cleto Bravo Gales, Jr. of IGaCoS; Edgar Monte de 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 of Municipalities; Nilo Catada of ARMM – BFAR; Marivic Natividad of NEDA XI; Romeo Basada of DENRCMMO 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 and Roquelito Mancao of CRMP; Rosalinda Tomas of ESSC; Agustin Zerrudo, Jr. of PDAP; Florante Villas of PhilDHRRA; Romell Seronay of CCESM/NORMISIST; Diwani Velasquez of CESO-BAP; Dodgie Gualberto of 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 information that is practical and applicable to LGU needs and requirements Amihan Perez and the Ateneo Center for Social Policy and Public Affairs for their efficient coordination and 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, layout and production Sef Carandang, Russell Fari単as, Gigi Barazon and the rest of the LGSP administrative staff for providing support.

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PREFACE

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ervice Delivery with Impact: Resource Books for Local Government are the product of a series of roundtable discussions, critical review of tested models and technologies, and case analyses of 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 Economic Development, Solid Waste Management, Watershed and Coastal Resource Management.

The devolution of powers as mandated in the Local Government Code has been a core pillar of decentralization in the Philippines. Yet despite opportunities for LGUs to make a meaningful difference in the lives of the people by maximizing these devolved powers, issues related to poverty persist and improvements 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 need to enhance capacities in service delivery, specifically to clarify the understanding and optimize the role of local government units in providing improved services. This gap presented the motivation for LGSP to develop these resource books for LGUs. Not a “how to manual,� Service Delivery with Impact features strategies and a myriad of proven approaches designed to offer innovative ways for local governments to increase their capacities to better deliver quality services to their constituencies.

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

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

Philippines-Canada Local Government Support Program (LGSP)

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ACRONYMS ADB AFMA AO ASEAN BDC BEMO BFAR Bgy. BWP CARL CATD CADC CBFMA CBRMP CEP CERD CLECs CLUP CPR CRM CS CSI CVRP 1 DA DAO

Asian Development Bank Agriculture and Fisheries Modernization Act Administrative Order Association of Southeast Asian Nations Bantay Dagat Committee Bohol Environmental Management Office Bureau of Fisheries and Aquatic Resources Barangay Baliangao Wetland Park Comprehensive Agrarian Reform Law Certificate of Ancestral Domain Titles Certificate of Ancestral Domain Claim Community-Based Forest Management Agreements Community-based Coastal Resource Management Project Coastal Environment Program Center for Empowerment and Resource Development Coastal Law Enforcement Councils Comprehensive Land Use Plan Community Property Rights Coastal Resource Management Certificate of Stewardship Environment and Development in Coastal Regions and Small Islands Programme (UNESCO) Central Visayas Regional Project 1 Department of Agriculture Department Administrative Order (DENR)

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ACRONYMS DFA DOF DOJ DENR ECAN ELAC ECC EIS FARMC FARMWB FIRMED FLP FSP GEF IATFCEP ICM ICCs IPs IPAS IPRA IUCN KMCP LGC LGCAMP LGSP

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Department of Foreign Affairs Department of Finance Department of Justice Department of Environment and Natural Resources Environmentally Critical Areas Network Environmental Legal Assistance Center Environmental Compliance Certificate Environmental Impact Statement Fisheries and Aquatic Resource Management Council Fisheries and Aquatic Resources in Municipal Waters and Bays Fishery Integrated Resource Management for Economic Development (CERD) Fishpond Lease Program Fisheries Sector Program Global Environment Facility Inter-agency Task Force on Coastal Environment Protection Integrated Coastal Management Indigenous Cultural Communities Indigenous Peoples Integrated Protected Area System Indigenous People's Rights Act International Union for the Conservation of Nature and Natural Resources Katipunan Micro Credit Project Local Government Code Lingayen Gulf Coastal Area Management Program Philippines-Canada Local Government Support Program

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ACRONYMS LGU MARIG MCDP MDP MITUSILA MNP MPAs MSY NAMAHIN NAMRIA NGA NIPAS NGO PAMB PCAIFMC PCG PCL PCSD PD PEISS PENRO PFC PhilDHRRA PLA PLA

Local Government Unit Maritime Group (PNP) Marine Conservation and Development Program (Silliman University) Municipal Development Fund Misom, Tugas, Sinian and Landing Multipurpose Cooperative Ministry of Natural Resources Marine Protected Areas Maximum Sustainable Yield Nagkahiusang Mangingisda ng Hinatuan National Mapping and Resource Information Administration National Government Agency National Integrated Protected Areas System Non-Government Organization Protected Area Management Board Presidential Commission on Anti-Illegal Fishing and Marine Conservation Philippine Coast Guard Pollution Control Law Palawan Council for Sustainable Development Presidential Decree Philippine Environmental Impact Statement System Provincial Environment and Natural Resource Office Philippine Fisheries Code Philippine Partnership for the Development of Human Resources in Rural Areas Participatory Learning and Action Public Land Act

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ACRONYMS PMO PNMA PNP PO PP PPDO PRA PWLA RA RTI SC SEP SIAD SIBS SLAPP SWMA TriMARRD UNDP UNESCO USAID WB WC

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Program Management Office Philippine New Mining Act Philippine National Police People's Organization Presidential Proclamation Provincial Planning and Development Office Participatory Resource Appraisal Philippine Wildlife Act Republic Act Resource Tenure Improvement (PhilDHRRA) Sanitation Code Strategic Environment Plan Sustainable Integrated Area Development Social Infrastructure Building and Strengthening (PhilDHRRA) strategic litigation against public participation Solid Waste Management Act Tripartite Partnership in Marine and Aquatic Resource Management and Rural Development (PhilDHRRA) United Nations Development Programme United Nations Educational, Scientific and Cultural Organization United States Agency for International Development World Bank Water Code

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EXECUTIVE SUMMARY THE SITUATION IN THE PHILIPPINES The Philippines has approximately 17,000 kilometers of coastline with 4,951 species of plants and animals. Of these, 16 species are endemic, while almost a third, or 1,396 species, is economically important. (PAWB, 1998) More than 80 percent of the country's population reside within 50 kilometers off the coast of the main islands and are directly and indirectly involved or dependent on fishing.

The coastal communities continue to experience poverty due to declining catch, lack of sustainable livelihood 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 public development projects.

LEGAL FRAMEWORK The Philippine Constitution mandates the state to protect and advance the right of Filipinos to a balanced and healthful ecology that is consistent with the rhythm and harmony of nature. Through the Local Government Code of 1991, this task was devolved from the Department of Environment and Natural Resources 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 groundwork for a more local and institutional response to the challenges of coastal resource management. Because

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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 with knowledge, skills, technologies, and valuable lessons generated and accumulated through time by CRM practitioners from various sectors. These experiences show that an essential element of successful coastal resource management is the active participation of local resource users and their communities in the management of their resource.

It is, however, apparent that community-based or local interventions alone cannot solve critical CRM issues. What are needed to resolve them more effectively are a more integrated effort from both national and local agencies, and a more holistic approach to issues that cut across interdependent ecosystems (i.e., watershed, uplands, forest, lowland and coastal ecosystems). Such interventions require 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. Nongovernment organizations (NGOs), people's organizations, academic and research institutions, government agencies, and international lending institutions have undertaken various community-based projects. They got involved as a response to increasing poverty and extensive environmental degradation in the coastal areas. (Ferrer, 1995)

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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-based rural development supported by the World Bank from 1984 to 1992. It focused on watershed management and near-shore fisheries development in four provinces. (White and Degint, 1999) A significant result of the project was heightened interest in government policy reform and increased involvement of NGOs in addressing CRM issues. (Ferrer, 1996)

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INTRODUCTION

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he continuing pattern of decline, degradation, and mismanagement of coastal resources threatens the country’s source of food and livelihood, and thus poses a challenge to natural resource 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 these resources.

One essential element of a successful coastal resource management strategy is the active participation of local resource users and their communities but this factor alone cannot solve critical CRM issues. A more integrated effort is necessary from both national and local agencies, which should effectively address issues that cut across interdependent ecosystems (i.e., watershed, uplands, forest, lowland and coastal ecosystems). 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 the country’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,” providing technical assistance in terms of capacity-building of local governments and their partner institutions in research and technology development, training of human resources, as well as facilitating funding mechanisms to augment limited local resources; Strengthening and clarifying roles, policies, programs, and services of various government agencies involved in CRM through more effective mechanisms supported by written contracts or agreements between and among these institutions whenever necessary (e.g., Department of Agriculture [DA], Department of Environment and Natural Resources [DENR], Department of Finance [DOF] and National Anti-Poverty Commission [NAPC] among others);

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NGOs and academic institutions becoming more active partners with local government units in sharing their 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 Resource Management for Local Government Officials and Community Organizers”previously published by the DA 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. It focuses on the doables at the LGU level, rather than the very technical aspects of coastal resource management. This resource book is also designed to provide information and insights that will enable LGUs 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 the development challenges, working models, and exemplary practices on coastal resource management that could be studied, addressed, and replicated when appropriate; (2) enhance LGUs’ understanding of the mandates that govern the delivery of services, help prepare them for more effective work, and assist them in identifying opportunities for further policy development; and (3) guide LGUs in identifying references, 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 resource management strategies. The book presents inspiring, innovative, and excellent ways of providing services to communities that need them. The experiences documented here encourage LGUs to start small, think big, and scale up fast in implementing coastal resource management initiatives. All these are found in the book’s three chapters:

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INTRODUCTION

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 the paper of Atty. Anda. It pays attention to issues on general management, resource use, tenure and communal 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 the actual experiences of LGUs, communities, and DENR in what CRM practitioners and experts regard as good practices in coastal resource management. Given the complexity of the task, good practices cover a 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 to LGUs. These materials cover a broad range of topics—from general concepts and programs to very specific projects 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 what they can do on their own to contribute their share. Armed with the necessary knowledge and inspired by stories of others who have taken on the challenge, more LGUs can hopefully pull the country away from impending disaster and help ensure a sustainable source of food and livelihood for all.

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POLICY AND OPERATIONAL ISSUES THAT IMPACT ON EFFECTIVE COASTAL RESOURCE MANAGEMENT

â?™ LEGAL FRAMEWORK

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by Atty. Gerthie Mayo Anda, Executive Director, ELAC â—— STATE OWNERSHIP OF NATURAL RESOURCES Management of the coastal zone and the resources within it is anchored on the basic national policy that all natural resources belong to the state1. The Spanish colonizers in the Philippines first introduced a policy called the Regalian Doctrine (also known as Jura Regalia) almost 500 years ago through the Laws of the Indies and the royal cedulas. The American colonizers through the Public Land Acts and the judiciary later adopted it. Ultimately, this doctrine was embodied in the Philippine Constitution.

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.

This framework, however, lacks a system of direct accountability on the part of the government. Any impact on the environment and resource base is usually borne by affected residents or local communities.

Moreover, because government often lacks the will to regulate the use of coastal resources and enforce environmental laws, resources are accessible to everyone to either use or destroy.

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 with their customary laws. Customary law on land and natural resources is founded upon the traditional belief that no one owns the land except the gods and the spirits, and that those who work the land are its mere stewards2. Such concepts of "possession" and "ownership"- described by national laws as the exclusive right to possess, own, and alienate as one sees fit-contradicts the traditional beliefs of indigenous communities.

Constitutional provisions on the rights of indigenous peoples and the current Indigenous People's Rights Act have counterbalanced the conflict between national law and customary law3. The Constitution 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 indigenous cultural communities to their ancestral lands to ensure their economic, There is yet no social and cultural well being.

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.

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Republic Act 8371, otherwise known as the Indigenous People's Rights Act of 1997, is the law that concretized the constitutional provisions respecting the rights of Indigenous Peoples/Indigenous Cultural Communities (IPs/ICCs). IPRA recognizes the ownership of IPs/ICCs over their ancestral lands/domains and basically deals with the civil, political, social, cultural, and tenurial rights of IPs/ICCs.

â—— MULTIPLICITY OF LAWS AND POLICIES There is yet no comprehensive legislation that covers all aspects of coastal resource management in the Philippines. Instead, the country has an aggregate of laws, executive and administrative orders dealing with various resources and activities in the coastal zone: fisheries, aquaculture, mining and quarrying, tourism, forestry, human settlements, reclamation,

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ports and harbor development and industrial development. Unlike the basic ecological principle that recognizes the interconnectedness of ecosystems, existing laws regard the coastal zone in a disaggregated manner.

Foremost among this collective of laws is the Philippine Fisheries Code of 1998 5 that has a huge impact 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 New Fisheries 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 policy the 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 prior penal laws related to fisheries and provides for new provisions 7. Significant changes in this new law include (i) the jurisdiction of municipal governments over waters 15 kilometers from the shoreline; (ii) limiting the use of municipal waters to fishing operations using boats no bigger than three gross tons and using passive gears; (iii) the creation of Fisheries and Aquatic Resource Management Councils (FARMCs) at the local and national levels to enable multisectoral participation in the management of fishery resources and implementation of fishery laws 8; and (iv) incorporation of integrated coastal zone management as one of its policy approaches.

The Philippine Fisheries Code has attempted to address more concerns related to coastal resources than 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 integrated protected 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 park system will be governed more realistically, using biodiversity principles, site-specific management strategies and public participation. Under this law, all marine-protected areas, reserves, and sanctuaries existing prior to 1992 are considered initial components of the protected area system.

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

Another law is the Agriculture and Fisheries Modernization Act (AFMA)9, which seeks to industrialize agriculture in the country including fisheries. This law provides for zone-based development of special areas set aside for agricultural and agro-industrial development, and focuses on converting the agriculture and fisheries sector from resource-based to technology-based industries. Given its focus on fishery production, AFMA has serious implications on coastal resources. While the Philippine Fisheries 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 which administer activities within foreshore areas, such as tourism activity, squatting, port development and reclamation. The Philippine New Mining Act12 provides for the management of mining and quarrying activities in the coastal zone. Pollution control in the coastal zone is governed by the Pollution 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 the Philippine Wildlife Act17 that provides the rules which LGUs implement.

Another significant legislation that influences coastal resource management is the Local Government Code (LGC)18. It concretizes the constitutional policy on government decentralization and democratization. In the past, CRM programs originated from national government agencies such as the Department of Agriculture-Bureau of Fisheries and Aquatic Resources and DENR. The LGC reversed 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, or charges. This law also provides for people's direct participation in the planning and implementation 10

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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 government units 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 to enact ordinances to regulate fishery activities, protect and conserve fishery resources, and assist in the creation of councils where local fisherfolk and NGOs are represented.

â—— OPPORTUNITIES FOR PEOPLE OR LOCAL COMMUNITY PARTICIPATION The legal framework in the Philippines provides opportunities for the participation of communities in the formulation and implementation of local policies as well as in the actual management of coastal 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 resources for their daily sustenance and survival in accordance with existing laws19. Hence, the Constitution introduced the concept of small-scale utilization of natural resources as a mode of natural resource utilization20. b) Social Justice: There is a bias for the underprivileged with regard to the development and management of natural resources such that land and other natural resources are made accessible to them. Municipal waters for example are reserved for the preferential use of subsistence fishers21. c) Right of the People to a Balanced and Healthful Ecology: The Constitution protects the right of the people to a "balanced and healthful ecology in accord with the rhythm and harmony of nature22." The State is mandated to protect, advance and promote the people's right to ecological security and health. In the case of Oposa vs. Factoran23, the Supreme Court had occasion to rule on the interpretation of the constitutional policy on the environment. In this case, the Supreme

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Court declared the "right to a balanced and healthful ecology" as a self-executory right and recognized the primacy and centrality of ecological security and health among the many rights assured by the Constitution. d) Due Process Clause: The Constitution guarantees the right of the people to life, liberty and property, 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 tenurial instrument issued by the government can assert their right to due process when they are threatened by development and exploration activities. e) Fundamental Liberties: Besides the right to due process, important provisions include the right to information and right to people's participation, where the State recognizes and promotes the right of the youth, women, labor, indigenous communities, NGOs, and community-based or sectoral or people's organizations (POs). There is a provision for a people's initiative and referendum in proposing, amending, rejecting or enacting laws. These policies serve as basis for community groups to participate in establishing, conserving, managing, and formulating policies 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 the preferential 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 integrated coastal area management in specific natural fishery management areas; d) establishing Fisheries and Aquatic Resources Management Councils in the municipal and barangay level to assist LGUs in formulating and enforcing policies.

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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 be implemented through the league of barangays/municipalities25

â—— 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 dedicated to the province. Known as the Strategic Environmental Plan (SEP) for Palawan26, this law seeks to provide a policy framework for the sustainable development of Palawan. A multipartite body called the Palawan Council for Sustainable Development (PCSD) is mandated to provide policy direction 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 covers mountains, ecologically important low hills, and lowland areas in the province. The coastal zone covers foreshore and mangrove areas, coral reefs, and fishing grounds. Tribal land zones are areas traditionally 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 ban in all areas of maximum protection and in such other restricted use zones as the PCSD may provide;

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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 PCSD providing for the following: a) classification of coastal/marine zones into core zone, multiple use zone and ancestral coastal/marine waters; b) preparation of comprehensive local management plan for coastal/marine areas by the LGU through 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 board or 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.

â?™ JURISDICTIONAL/INSTITUTIONAL ARRANGEMENTS The diversity of laws governing the coastal zone has resulted in a variety of institutions implementing these laws, thus giving rise to overlapping institutional mandates. Table 1 (primarily adapted from the Legal and Jurisdictional Guidebook for Coastal Resource Management in the Philippines, published by the Coastal Resource Management Project in 1997) illustrates this situation.

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Table 1. Institutions Mandated to Address Coastal Zone Management Concerns Coastal Zone Management Concerns/Activities

Institutions Mandated to Address Concern/s and Scope

Land tenure for local communities

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

Delineation of municipal waters and fishing grounds

NAMRIA28, LGU29, FARMC30

Policy formulation

LGU, FARMC, NGA31, DENR

Resource assessments

DA-BFAR, DENR, PCAMRD32 Coastal and Marine

Statistics gathering

DA-BAS33 Fisheries DENR Mangroves DA-BFAR Fishponds

Establishment of protected areas

LGU, DA-BFAR, DENR, Congress

Mangrove reforestation

LGU, DENR

Fishery licensing

LGU Municipal waters DA-BFAR Offshore waters DA-BFAR, LGU Aquaculture, Mariculture

Fishery law enforcement

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

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Coastal Zone Management Concerns/Activities

Institutions Mandated to Address Concern/s and Scope

Pollution law enforcement

LGU, PCG, DENR

Land use management

LGU, DENR, DAR36

Tourism management

LGU, DOT37, DENR

Reclamation

DENR (LMB38 and EMB39 ), PEA40

Pollution monitoring, including marine waters

LGU, DENR-EMB, PCG

Establishment of municipal/fishing ports

PFDA41 , PPA42 , LGU

Research

DA-BFAR, DA-BAR, DOST-PCAMRD

Foreshore use and occupation

LGU, DENR

Conflict Resolution

LGU, FARMCs

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

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

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On the provincial, municipal or village level, however, the municipal governments exercise management functions. Section 17 of the Local Government Code43 identifies and provides for the devolution of some environmental and natural resource management functions from the DENR to the LGUs. The law provides, among others, that:

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.

It is the duty of every national agency or government-owned or controlled corporation authorizing or involved in the planning and implementation 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, to consult with the local government units, NGOs, and other sectors concerned, and explain the goals and objectives of the project or program, its impact upon the people and the community in terms of environmental or ecological balance, and the measures that will be undertaken to prevent or minimize the adverse effects;44 Prior consultations are required and the approval of the local council concerned must first be had before any such project or program may be implemented; 45 Every local government shall exercise those powers that are essential to the promotion of the general 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 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. In Palawan, where a special law governs the management of the sustainable development of its natural resources, the PCSD, as the policy-making and governing body, issues resolutions and S E RV 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

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

It is in the area of law enforcement that overlapping institutional roles are emphasized. At the municipal 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 the Bantay 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 Force on Coastal Environment Protection (IATFCEP) coordinates various agencies involved in enforcing coastal environment protection. The PCSDS also gets involved in the apprehension and prosecution of violators of laws affecting the coastal zone.

â?™ 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 should be expected. Unfortunately, national agencies suffer from numerous administrative and organizational weaknesses that undermine their effectiveness. Weak coordination, inflexibility in approaches to resource use, centralized nature of management, lack of resources, and a dearth of competent and well-motivated staff are key problems that limit their ability to effectively implement their mandate.

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

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

Owing to lack of resources, knowledge,

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

competent staff, and

◗ GENERAL MANAGEMENT

politics, some LGUs end

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

beleaguered by local up taking a passive or reactive, rather than a pro-active posture.

A group of commercial live fish traders questioned before the Supreme Court the authority of LGUs to pass fishery-related ordinances without the approval of the Secretary of Agriculture47. The Supreme 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 balanced ecology… (I) imposes upon the Sangguniang Bayan, the Sangguniang Panlungsod, and the Sangguniang Panlalawigan the duty to enact ordinances to protect the environment and impose appropriate penalties for acts which endanger the environment.”

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One standing conflict in Palawan has been the applicability of the National Integrated Protected Areas System to the province. Since the passage of these laws in 1992, a tussle between the PCSD and DENR has taken place over the management of protected areas in Palawan. It is a raging debate that 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 argues that the NIPAS provides that administrative control over the PAMBS remains with it (DENR). This conflict has hampered initiatives toward the development and implementation of protected areas management plans. For instance, the mechanism for setting up the Integrated Protected Areas Fund for marine reserves such as the Tubbataha Reef National Marine Park and World Heritage Site continues to be raised by the DENR as an issue.

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

When the reins of leadership in DENR changed, however, DENR regional officials lobbied for their assumption of the PAMB management. For some time in 2001, there were two PAMBs—one formed by the DENR, and the other, led by the LGU—with each PAMB having its own park superintendent. A series of dialogues and meetings between the DENR and LGU sought to resolve this conflict.

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

â—— REGULATION OF RESOURCE ACCESS/USE Since the government has full control over coastal areas, the issuing authorities in resource access and use permits are still the national government and the LGUs. In offshore and commercial fishing and aquaculture, the DA-BFAR remains to function as a regulatory body. The LGU issues permits for municipal fishing and activities within municipal waters, except for fishponds. The DENR issues 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 and municipal waters has come in conflict with community management initiatives. Permits issued to pearl farms, seafood-processing entities, and tourist establishments, and the continued tolerance of illegal fishpond development activities by LGUs and government agencies are deterrents to community management of municipal fishing grounds. Likewise, attempts to protect foreshore areas were thwarted by the issuance of LGU permits to tourist resort operators who have set up structures along 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 the new fisheries code, quarrying of white sand is not allowed. Some LGUs, however, allow the quarrying of white sand even without an environmental impact assessment. Often, the issuance of Environmental Compliance Certificates (ECCs) by the DENR for quarrying operations comes much later than quarry permits issued by the provincial governor.

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◗ TENURE, COMMUNAL PROPERTY RIGHTS AND INDIGENOUS/COMMUNITY RESOURCE MANAGEMENT SYSTEMS Advocates of community-based resource management (CBRM) assert that the foundation of coastal resource management starts with the community’s control of the use, management of, or access to, the resource. This entails the establishment of communal property rights (CPR), which includes attaining tenurial security for local communities.

In the case of indigenous groups or communities, attaining CPR is institutionalized because the State recognizes 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 control over 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 their territorial jurisdiction, and assert that IP communities continue to be covered by municipal ordinances and rules issued by them.

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

In the area of Ulugan Bay and St. Paul Bay in Puerto Princesa City, Palawan, the sense of security given 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 inability to compete with both marginal and commercial fishers and other stakeholders in the use of Ulugan Bay and St. Paul Bay has given rise to food insecurity and a feeling of instability about their future48. This has made them consider reclaiming their traditional fishing grounds as a way of invoking their rights to a physical space that was once theirs49.

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The experience of the Tagbanua community of Coron Island, Municipality of Coron in Northern Palawan also highlights issues on resource use and management. The Tagbanuas of Coron Island were awarded the first CADC to cover land and waters in the Philippines, consisting of some 22,000 hectares. While the indigenous community secured rights over their domain, they continue to 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 threatened to institute legal action. The DENR and the LGU continue to issue use permits over Coron Island and recognize private claims on the basis of tax declarations. The mayor allowed pearl farming to operate in the surrounding waters of Coron Island without notifying the Tagbanua community. The LGU and Department of Tourism identified Coron Island as tourism potential without even discussing the matter with the Tagbanuas. Were it not for the intervention of NGOs who facilitated the dialogue between the indigenous community, LGU, DENR and private groups, the Tagbanuas would not have been included in the tourism planning process.

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

In the context of non-IP communities dependent on mangrove forests, tenurial instruments are awarded 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 under the current legal system. Waters or water bodies are generally owned by the State as provided by the Constitution. Except for IPRA, there is no other law that provides for the application of CPR in

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municipal fishing grounds. Migrant fishing communities usually find themselves at a losing end especially when big commercial interests such as pearl farm owners, tourist resorts, or quarry operators 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 their mandate, consequently hindering law enforcement efforts. In one case, the BFAR office in Palawan released a commercial fishing vessel seized by the Philippine Navy last November 1999 for conducting muro-ami50 operations in Southern Palawan. The Navy personnel submitted the documents and turned over the vessel to BFAR on the premise that BFAR Palawan would assist them in instituting the appropriate administrative or judicial action.

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

Another problem lies in the handling of poaching which is defined under Section 87 of the Fisheries Code as fishing by any foreign person, corporation or entity in Philippine waters. Under this provision, “the entry of any foreign fishing vessel in Philippine waters shall constitute prima facie 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 and another for poaching. They complain that the illegal entry case is usually dismissed by the prosecutor’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

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

Another conflict area is the custody of the seized fishery and coastal resources (e.g., fish, corals, quarry materials), vehicles, vessels, and other paraphernalia used in the commission of the environmental crime. Law enforcement personnel and environmental NGOs assert that these seized materials are used as evidence and, therefore, cannot be released.

Unfortunately, there were cases where seized products, vessels, and paraphernalia were released by the executive agency, prosecutor’s office, or the court.

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.

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.

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

Existing customs and traditions of indigenous peoples on conflict resolution and decision-making provide interesting insights on alternative enforcement mechanisms. However, some local government officials are threatened by such initiatives and have failed to appreciate the complementary value of indigenous systems in law enforcement.

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A case in point is the community-based enforcement initiatives of the Tagbanua community in Barangay Malawig, Municipality of Coron, Northern Palawan. Having heard about and seen the lackadaisical attitude of law enforcement agencies toward illegal activities, the community decided to 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 the Tagbanua Foundation of Barangay Malawig apprehended fishermen who engaged in blast and cyanide fishing within the ancestral domain/water claims of the Tagbanua. The members of the Bantay Dagat confiscated the fishing boat and all fishing paraphernalia and turned over the items to the custody of the Tagbanua Foundation.

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

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

◗ CONFLICT RESOLUTION/MANAGEMENT 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 rights52. Under the Local Government Code, certain civil and criminal cases pass through the barangay conciliation system before they reach the court.

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The experience of most indigenous communities in Palawan is that boundary disputes, taxation issues, and cases involving encroachment by large 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-formal indigenous management structures.

While government policy considers conflict resolution mechanisms of local communities in the formulation of coastal resource management plans, the tendency is to have these conflicts brought before the LGU, the courts, or administrative agencies such as the DENR. It would help community initiatives if the legal system recognized the value of non-formal community management structures and used such mechanisms in the resolution of resource use conflicts in the coastal zone.

❙ EMERGING INITIATIVES/ATTEMPTS: THE PALAWAN EXPERIENCE ◗ INTER-AGENCY AGREEMENTS TO HARMONIZE OVERLAPPING MANDATES

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.

With regard to the jurisdictional conflict between PCSD and DENR, both institutions realized that any attempt to amend existing legislation creating them would entail a long 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).

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The DOJ released two opinions that established the harmonization of the SEP and NIPAS laws and clarified 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 development of natural resources of the country”. The DOJ further opined that the PCSD “is vested with the power to enforce the provisions of the SEP law and other existing laws, rules and regulations similar to or complementary with the SEP law.” In Opinion No. 136, the DOJ stated that the PCSD and DENR would jointly manage protected areas in Palawan—the PCSD assuming primary responsibility over policy-making and the DENR providing technical assistance.

Guidance from the DOJ was complemented by a series of meetings and dialogues between top officials of concerned agencies. Ultimately, a Memorandum of Agreement (MOA) was entered into between 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 Tubbataha Reefs. 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 the municipality 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, decided that the SEP law is the “law of primary application in the Municipality of El Nido, Palawan in its state as a protected area and that all other laws are, in so far as they are not inconsistent with SEP, merely suppletory”(page 11, DECISION, Civil Case No. 3100). It must be noted, however, that the decision was appealed by the DENR. On the matter of coastal/marine law enforcement, a Memorandum of Agreement was also entered into in 2001 between the PCSD, DENR, DA-BFAR, all law enforcement agencies such as the Philippine National Police-Maritime Group (PNP-MARIG), Philippine Coast Guard, NGOs and multisectoral law enforcement bodies and task forces. In this agreement, each agency identified

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its roles and responsibilities. Due to insufficient resources, however, multisectoral planning has not been undertaken.

The present arrangement is that certain bodies such as PCSD, DENR, PCG, PNP-MARIG, DA-BFAR and 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, AND LOCAL INSTITUTIONS TOWARD CRM AND CBCRM The Coastal Resource Management and Sustainable Tourism in Ulugan Bay, a pilot project of UNESCO, 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 how partnership between various institutions can lead to a comprehensive approach to the management of a specific coastal area.

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

This project is part of a strategic effort to save one of the most ecologically diverse, yet threatened areas in the Philippines. Ulugan Bay accounts for 15 percent of the total mangroves in the Philippines 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 model for community-based coastal resource management. The model is anchored on a collective effort of the local government unit, national scientific institutions, NGOs and local communities. Various core activities were identified with each partner institution getting involved in every activity.

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The project started with four studies dealing with the ecology of the bay, traditional resource use and culture of the indigenous communities, socio-economic profile, and tourism potential. This was followed by specific activities, namely, the implementation of sustainable fish farming, establishment of a fisheries database, the development of a masterplan for community-based sustainable tourism, 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 can lead to mobilization and sharing of resources, as well as technical assistance. Among the key lessons gleaned from the project include the following: (a) Gathering of high quality data and communicating the results to policy-makers are crucial for the development of correct coastal zone management practice. For example, studies on traditional, indigenous knowledge and resource management systems provided project implementers with insights on the perspective of indigenous communities toward tourism. It also stressed the need to recognize the traditional management systems of indigenous communities within their ancestral domains. (b) Enhancement of local community participation in coastal environment conservation—from the earliest stages of planning and management to actual implementation—coupled with the use of traditional community knowledge ensures effective implementation. (c) Adopting an interdisciplinary and inter-sectoral approach at all levels of planning and implementation results in cooperation and integrated management, and reduces the social costs associated with overlapping jurisdictional and management issues. (d) Local community participation in law enforcement is an essential tool to effective coastal area management. (e) More efforts should be invested to stimulate the exchange of experiences from successful models of coastal resource management.

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

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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 securing support for its planned CBCRM for Ulugan Bay. UNESCO likewise provided funds for capacity building of local community tour guides in the Puerto Princesa National Park and Heritage Site, for the refinement of their CBST plans, and for the construction of the Ugong Rock Interpretive Center and View Deck.

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

Through non-formal environmental education and training, community organizing, resource management planning, legal defense, provision of land tenure, and policy advocacy, the CBCRM program seeks to continue the capacity-building efforts undertaken during the UNESCO/UNDP/PPC project 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 security to 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 an active role in formulating appropriate local plans and policies attuned to their needs. Providing communities with secure tenure over their land and resources will strengthen the community’s participation 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 formulating local ordinances and enforcing environmental laws. In the case of Puerto Princesa City, NGOs

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

In several instances, law enforcement agencies fail to assert their mandate when the violator is a powerful 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 are mobilized for monitoring, patrolling, and apprehension activities.

Existing policies support this initiative. While the DENR has a program for the organization of Deputy Environment and Natural Resource Officers (DENROs)54, the BFAR has a continuing program for deputizing fish wardens. The new Philippine Fisheries Code provides for community-based councils such 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 Princesa City mayor deputized fisherfolk leaders and paralegals as volunteer community paralegals of the city government. As a result, local fisherfolk and indigenous communities in Puerto Princesa City have 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 and training on legal framework, remedies, and legal procedures. Often, the participation of government enforcement personnel in these trainings enhanced the building of linkages and partnerships between government, NGOs, and community members.

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

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Moreover, in partnership with barangay and some municipal officials, community members and NGOs are advocating for an ordinance that would ensure speedy justice and resolution of environmental cases. Taking off from the concept of the indigenous justice system, the ordinance can provide for seizure and confiscation as an alternative enforcement mechanism. This will be applied in cases where the legal seizure; confiscation; and appropriation of vehicles, vessels, equipment such as chainsaw, fishing gears, and other paraphernalia will redound to the benefit of the community at large and reduce the incidence of environmental offenses. Such action should be pursued in conjunction with, or in lieu of, traditional litigation.

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

â?™ INSIGHTS/LESSONS 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.

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.

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

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The following insights thus deserve emphasis:

CONTINUING REVIEW AND HARMONIZATION OF LAWS, RULES, AND REGULATIONS RELATING TO COASTAL RESOURCE MANAGEMENT Some CBRM and CRM practitioners have proposed the codification of laws and policies relating to coastal management. This is a tall order given the nature of the legislative process. In lieu of codification, an attempt to review all laws and policy guidelines can be attempted to harmonize certain concepts and operational guidelines, and identify opportunities for enhancing the present CBRM/CRM work. Identifying these opportunities can guide and sharpen the focus of local communities 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 AMONG NATIONAL AGENCIES, LGUs, LOCAL COMMUNITIES, AND NGOs Dealing with the dynamics of politics, especially at the local level, is a continuing challenge. A change in the administration of a city or province can either enhance or deter current management initiatives or partnerships in the coastal zone. Certain CRM-related programs are discontinued, commitments under a memorandum of agreement are not complied with, and some local government 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 strengthen workable inter-agency, multisectoral, or multi-institutional engagements and partnerships. One mechanism would be embodying coastal management programs in local legislation, which would likewise provide for a regular budget allocation from government coffers. Without resources to hire and build the capacity of personnel and support field operations, coastal management programs cannot continue.

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SUSTAINING COMMUNITY INITIATIVE AND INVOLVEMENT It is likewise necessary that initiatives on the ground or community level are sustained and remain unaffected by local politics. The tenure of local officials may end but local communities will continue to be dealing with the same management problems in their areas. There is no substitute to an organized, well-informed and (economically and politically) empowered local community that can deal with a range of stakeholders (government agencies, local officials, and migrants) as well as political tendencies. To ensure a cohesive and sustained community involvement, bottom-up approaches to coastal zone management planning, implementation, monitoring, and evaluation activities must be consistently applied and enriched.

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

LESSONS AND INSIGHTS Lessons and insights gleaned from CRM or CBRM work must continually be documented because they eventually shape laws and policies on coastal resource management. As aptly stated by former US Supreme Court Justice Oliver Wendell Holmes, the life of the law is not logic but experience. Law is experience developed by reason and applied continually to further experience55.

We should explore various opportunities for sharing these experiences among common environments on a province-wide, regional, or national scale. This is strategic in that it will be able to enrich “wise practices” on coastal resource management.

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â—— 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, OctoberDecember, 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 and Coastal Resource Management Projet, 2000. Philippine Coastal Management Guidebook No. 2: Legal and Jurisdictional Framework for Coastal Management in the Philippines. Coastal Management 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.

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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,

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

49 Ibid, p. 131 50 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 operators commonly employ minors as divers as they provide a cheap source of labor.

51 Paragraph 2, Section 87, RA 8550.

52 Section 15, RA 8371 53 See United Nations Educational, Scientific and Cultural Organization (UNESCO) Jakarta Office, Environment and Development in Coastal Regions and Small Islands (CSI), 2001. Coastal Resource Management, Ulugan Bay, Palawan Island, Philippines, Volume 1, Chapter 1, Ecology of 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.

â—— REFERENCES La ViĂąa, Antonio G.M. 1999. Management of Fisheries, Coastal Resources and the Coastal Environment in the Philippines: Policy, Legal and Institutional Framework. Policy Research and Impact Assessment Program-International Center for Living Aquatic Resources Management (PRIAP-ICLARM), Working Paper No. 5.

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

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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, Palawan Island, 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.

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CHAPTERTWO

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GOOD PRACTICES IN COASTAL RESOURCE MANAGEMENT

GOOD PRACTICES IN COASTAL RESOURCE MANAGEMENT

C

oastal resource management efforts in the Philippines evolved within the last 25 years, with various community-based projects undertaken by NGOs, people’s organizations, academic and research institutions, government agencies and international lending institutions as a response to increasing poverty and extensive environmental 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 a marine reserve and coral reef area off Sumilon Island (Ferrer, 1996). Ten (10) years of effective management yielded benefits for the coral reef ecosystem and island fisheries, as well as for the fishers who were dependent on the resource. The success of this initiative led to another major undertaking by the University in 1984 through its Marine Conservation and Development Program (MCDP): the organization of community-based marine resource management using community organizing as a strategy in managing marine protected areas (MPAs). This was done in three small islands in the Visayas, one of which is the famous Apo Island in Dumaguete, Negros Oriental. This undertaking was significant since it proved that it is possible to engage local fishers in the sustainable management of their resources, lending credibility to the claim that local resource users are potentially the best managers of their resources.

2

CHAPTER

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.

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

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

For purposes of this resource book, 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.

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

❙ FORGING PARTNERSHIPS AMONG LGUS, NGOS, AND LOCAL COMMUNITIES The mid-1980s saw several NGOs piloting CBCRM projects that were relatively successful, with empowerment 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 casebooks published 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 side with national fisherfolk organizations, targeting reform at the national and local levels. These advocacy efforts eventually led to significant policy reforms both at the national and local levels, the most significant of which was the passage of the new Fisheries Code in 1998, and more recently, the issuance 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 local communities.

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PARTNERSHIPS AMONG LGUS, NGOS, AND LOCAL COMMUNITIES FISHERY INTEGRATED RESOURCE MANAGEMENT FOR ECONOMIC DEVELOPMENT IN HINATUAN, SURIGAO DEL SUR GEOGRAPHICAL LOCATION Hinatuan Bay, Municipality of Hinatuan, Surigao del Sur Area 200 square km; 12 out of 24 barangays are coastal

RESOURCE MANAGEMENT ISSUES

Low and declining catch Environmental degradation due to mangrove cutting Toxic effluent washout from fishponds Coral quarrying Destructive fishing practices Heavy fishing pressure Erosion and siltation due to upland deforestation Continuous marginalisation of fisherfolk due to low income and poverty Low levels of awareness about coastal resources and their management Lack of awareness and enforcement of fishery laws Lack of willingness to cooperate for more sustainable use

Contact Information Center for Empowerment and Resource Development (CERD), Inc. Executive Director 102-E R&L Bldg., Kamuning, Quezon City Tel. (02) 925-1642 Municipal Government of Hinatuan Hinatuan, Surigao del Sur

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

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Hinatuan, Surigao del Sur PARTNERSHIPS AMONG LGU S , NGO S , AND LOCAL COMMUNITIES

CRM FRAMEWORK Fishery Integrated Resource Management for Economic Development (FIRMED) program of the Center for Empowerment and Resource Development (CERD), an NGO operating in seven coastal barangays of 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 to resolve resource use conflicts Enhance carrying capacity of the aquatic environment through rehabilitation and protection of coastal resources Resolve the problem of inequitable distribution of benefits between fishery users Address the issue of inequality of women In the pursuit of development initiatives

COMPONENTS

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Community Organizing & Capability-Building Sustainable Fisheries Development and Environmental Conservation Socio-economic and Livelihood Development Advocacy and Networking Human Resource Development

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

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 – Nagkahiusang Mangingisda ng Hinatuan); total membership – 533 individuals Sustainable Fisheries Development: seven barangay sanctuaries 40-60 ha each; one municipal sanctuary 221 has.

Mangrove Reforestation Sustainable Livelihoods: Seaweed farms implemented by the organization and individual household members

CRITICAL FACTORS THAT CONTRIBUTED TO THE SUCCESS OF THE PROGRAM External Factors Support and active participation of LGU Defined resources to manage e.g., “barangay waters”

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Hinatuan, Surigao del Sur PARTNERSHIPS AMONG LGU S , NGO S , AND LOCAL COMMUNITIES

Involvement of church in the program Self-reliance due to relative geographical isolation: the “small island theory” Good condition of primary resources Community-based approach to address community-based issues High level of cooperation among fishers

Internal Factors Competent and committed program staff Strong leadership of POs Participation by both men and women in CRM Fishery management planning process: participatory; combines sociological and scientific information effectively and views these from the fisher communities’perspective; decision-making was made by fisher communities from beginning of program; NGO served as facilitator Effective education and awareness building component

IMPACTS Biophysical Return of species, increase in fish stock (capiz, fishes) Socio-Economic Increase in fish catch (from 2-3 kgs in 1996 to 5-7 kg in 2001); income from collective livelihood projects to support organizational work (e.g., seaweed farm) Socio-Cultural Positive change in attitude among fishers: from extraction to conservation Improved capacities of POs to manage their own activities

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

Increased confidence in relating with LGU and other agencies; increased capacities in resource management (planning, implementation, monitoring and evaluation skills) and law enforcement Political/Institutional Mainstreaming of fishery resource plans in local development plan; annual budget allocation from LGU Empowerment – increased leverage of fishers in its relationship with the local government and other stakeholders as a result of formal and strengthened organizations

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

REQUIREMENTS FOR REPLICATION Institutional Political will and support of the LGU (municipal and barangay) for the passage of resolutions and ordinances Effective mechanisms for law enforcement Annual budget allocation

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Hinatuan, Surigao del Sur PARTNERSHIPS AMONG LGU S , NGO S , AND LOCAL COMMUNITIES

Technical Capacities for baseline data-gathering through participatory resource assessment; periodic monitoring and evaluation of biophysical and socio-economic conditions Capacities for community organizing and implementation of sustainable marine-based livelihoods Financial Funds to support community organizing, law enforcement, sustainable livelihoods and research activities, 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 communities Seaweed 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

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GOOD PRACTICES 4

PARTNERSHIPS AMONG LGUS, NGOS, AND LOCAL COMMUNITIES COMMUNITY-BASED COASTAL RESOURCE MANAGEMENT IN DANAO BAY

GEOGRAPHICAL LOCATION Danao Bay, Misamis Occidental Area 2000 hectares; large part of the bay belongs to the municipal waters of Baliangao; the eastern side belongs to the municipal waters of Plaridel; 54% of the bay is composed of mangroves, mudflats, reefs and seagrass beds

RESOURCE MANAGEMENT ISSUES

Contact Information Pipuli Foundation,Inc. Dy Apartment, Bernad Subdivision, Ozamiz City, Misamis Occidental Tel: (088) 521-1992 Website: www.ozamiz.com/earthcalls Baliangao Wetland Park Board Danao Bay Resource Management Council

Declining fish catch due to: Illegal fishing activities i.e., blast fishing which destroyed reefs Logging of mangroves Conversion of mangrove areas into fishponds Increase in fishing pressure brought about by more fishers and use of more efficient technologies

CRM FRAMEWORK Danao Bay Community-Based Coastal Resource Management (Danao Bay CBCRM) program of the Pipuli Foundation, Inc.

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PARTNERSHIPS AMONG LGUS, NGOS, AND LOCAL COMMUNITIES

PRINCIPLES Working towards an involved and empowered community

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

COMPONENTS

Community Organizing and Education Resource Management Livelihood Development Research Advocacy and Linkaging

IMPLEMENTATION PROCESS 1. Contact building with the community and local government; local Catholic Church facilitated this through its lay leaders; local government facilitated public hearings in the barangays and later approved a resolution declaring the Misom Sea Sanctuary 2. Misom Sea Sanctuary was established; negotiations made with 11 bungsod fishers to move out of proposed site; the Mayor paid an ocular visit to finalize parameters of sanctuary which resulted in 70-

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

3.

4.

5.

6.

ha sanctuary and a 25 ha buffer zone; demarcation of the area was made using bamboo stakes anchored on the ground and 1.25 m apart; local project staff and guards were hired Gaining community support through awareness and ecology seminars; providing funding support for small projects, i.e., mini-sanctuary; pottery, seaweed and oyster culture. This eventually led to the establishment of the Misom, Tugas, Sinian and Landing Multipurpose Cooperative (MITUSILA)· Formation of the Sanctuary Board composed of the Mayor, DENR representative, community representatives, four guards, barangay captains and Pipuli; later on, recognition of the sanctuary by the national government as an Integrated Protected Area System (IPAS) site with the help of DENR Introduction of income-generating projects such as collecting fees from park visitors; crab fattening and ecotourism Institutionalization of resource management measures: (a) ordinance prohibiting cutting of mangroves without permission from the mayor; harvesting only allowed for construction of local houses and not for 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 recognized as an Integrated Protected Area System (IPAS) site Creation of a multisectoral sanctuary board Development of ecotourism in the area as a means to sustain park management

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Danao Bay CBCRM

PARTNERSHIPS AMONG LGUS, NGOS, AND LOCAL COMMUNITIES

CRITICAL FACTORS THAT CONTRIBUTED TO THE SUCCESS OF THE PROGRAM External Factors Local government support in law enforcement; and moral support in rallying community support for the project Funding assistance from external sources Spirit of volunteerism which have grown as a result of the experience Internal Factors Committed leadership of the people in charge Strong people’s organizations

IMPACTS Biophysical Increase in the number of species found inside the Baliangao Wetland Park (BWP); some species no longer seen reappeared Socio-Economic Catches have doubled since 1995 Growth of ecotourism as a viable source of income to sustain park management Socio-Cultural Community members more active as the sanctuary has given them new hope Decrease in incident of blast fishing

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

Political/Institutional Replication of the idea of sanctuaries in other municipalities in the province Partnerships among various stakeholders institutionalised through various mechanisms (sanctuary board, cooperative, law enforcement groups)

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

REQUIREMENTS FOR REPLICATION Institutional Enlightened and committed leadership, political will and support of the LGU (municipality and barangay) for the passage of resolutions and ordinances, as well as effective mechanisms for law enforcement; and annual budget allocation Technical Capacities for networking for technical and financial assistance (e.g., academe, DENR) Capacities for community organizing and implementation of sustainable marine-based livelihoods Financial Funds to support community organizing, law enforcement, sustainable livelihoods, research activities, and human resource development, at least in the initial stages

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PARTNERSHIPS AMONG LGUS, NGOS, AND LOCAL COMMUNITIES

EXEMPLARY FEATURES Establishment and sustained management of the Baliangao Wetland Park, now a recognized IPAS site Fisheries protection and management (e.g., rabbit fish and sea cucumber) Strong multisectoral management institution which involves the local government, national government 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-dela Cruz, & M. Agoncillo-Domingo (Eds). UP-CSWCD and NGO Technical Working Group for Fisheries Reform and Advocacy (NGOTWG). pp 3-21. Quezon City, Philippines 1996 Heinen, A., 2001. Take the Sea Cucumber. In Hope Takes Root: Community-based Coastal Resources Management Stories from Southeast Asia. E. Ferrer, L. Polotan-dela Cruz, and G. F. Newkirk (Eds). pp 221-236. CBCRM Resource Center. 2001

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PARTNERSHIPS AMONG LGUS, NGOS, AND LOCAL COMMUNITIES TRIPARTITE PARTNERSHIP IN MARINE AND AQUATIC RESOURCE MANAGEMENT AND RURAL DEVELOPMENT IN INOPACAN, LEYTE GEOGRAPHICAL LOCATION Inopacan, Western Leyte 6th class municipality, nine out of 20 barangays are coastal.

RESOURCE MANAGEMENT ISSUES

Contact Information PhilDHRRA Visayas Regional Secretariat Programme Manager 16 Queens Road, Cebu City Tel. (032) 412-6840

Illegal fishing e.g. , use of superlight, compressor, fine mesh nets Municipal Government of Encroachment of commercial fishers from neighboring municipalities into Inopacan municipal waters of Inopacan Inopacan, Western Leyte Destruction of marine resources such as coral reefs which resulted in low productivity Weak law enforcement Some elected government officials discreetly provide protection to commercial and illegal fishers

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

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

COMPONENTS Social Infrastructure Building and Strengthening (SIBS) – Community organizing, capability-building and the formation of partnership mechanisms among POs, NGOs and LGUs Resource Tenure Improvement (RTI) – ensuring access rights and the awarding of appropriate stewardship contracts Coastal Resource Conservation and Rehabilitation Productivity Systems Development (Sustainable Livelihoods)

IMPLEMENTATION PROCESS 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 Establishment 5. 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 the catching/gathering of sea turtles, dugong, dolphins, blue corals and other endangered/threatened species 6. Exploration of sustainable livelihood options 7. Mainstreaming of fishery management plans into municipal development plan and lobbying for annual budget allocation; active participation of Fisherfolk POs in barangay/municipal development planning and local special bodies

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

8. Establishment of MFARMC and Bantay Dagat 9. 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 federation Organization of Bantay-Dagat, MFARMC, Bantay-Dagat Federation Relevant local ordinances passed: limiting access; ban on destructive fishing gears; protection of endangered/threatened species; declaration of MPAs Establishment of a total of 78 ha of marine sanctuaries in several coastal and island barangays Annual budget allocation for CRM: barangay level Php500 for fuel; Php1000 for MPA management; P150/month for Bantay Dagat honorarium Annual municipal budget allocation since 1999: P150,000

IMPACT Biophysical Return of species such as munghong and bolinao Socio-Economic Increase in catch from 2 kg (prior to program) to 6-10 kg a day Socio-Cultural Increase ecological awareness among local community members; active participation in apprehending violators

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

Program earned confidence of local people through successful advocacies; Decline in number of illegal fishing violations Gender Increased awareness regarding the role of women in fisheries Institutional Institutionalized LGU support at the barangay and municipal level, especially in planning and budgeting processes; regular annual budget allocation for CRM Institutionalization of resource management measures through policies/ordinances Use of municipal waters integrated in the Comprehensive Land Use Plan (CLUP) PO leaders earned recognition by Inopacan LGU and neighbouring municipal LGUs Institutionalized participation on PO leaders in municipal development planning and decisionmaking processes

INDICATORS OF SUSTAINABILITY Functional MFARMC and Bantay Dagat Federation with active PO participation Institutionalization of PO participation and mainstreaming of program into the annual planning and budgeting process at the municipal and barangay levels Institutionalization of resource management measures through local ordinances Regular financial support from LGU at the municipal and barangay level Strong and viable POs with capable leadership Strong community awareness and support

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

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 the municipalities of southern Leyte and Negros Oriental. The others enhanced their CRM frameworks by integrating gender and reproductive health.

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

Source: Official documents from the PhilDHRRA Visayas Network

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PARTNERSHIPS AMONG LGUS, NGOS, AND LOCAL COMMUNITIES FISHERIES DEVELOPMENT AND MANAGEMENT PROGRAM (FDMP) IN CABANGAN, ZAMBALES

Contact Information Sentro sa Ikauunlad ng Alternatibong Agham at Teknolohiya (SIKAT) Unit 338 Eagle Court Condominium 26 Matalino St., Quezon City Tel. (02) 436-8950

GEOGRAPHICAL LOCATION Cabangan, Zambales 5th class municipality; eight out of 22 barangays are coastal 3,481 households of farmers and fishers

RESOURCE MANAGEMENT ISSUES

Degradation of resources due to illegal fishing (dynamite, cyanide) Weak organizations Lack of capital for fishing boats/gears and supplementary livelihood Lack of knowledge and skills Lack of clear government policies and programs

CRM FRAMEWORK Fisheries Development and Management Program (FDMP) of the Sentro sa Ikauunlad ng Alternatibong Agham at Teknolohiya (SIKAT)

PRINCIPLES Empowerment, Equity, Sustainability, Gender-Fairness, Cultural Sensitivity, Holistic Development

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PARTNERSHIPS AMONG LGUs, NGOs, AND LOCAL COMMUNITIES

FDMP Cabangan, Zambales

COMPONENTS

Community Organizing and Popular Education Fisheries and Aquatic Resource Management Sustainable Livelihood and Microfinance Support Policy Research, Advocacy and Enforcement Pro-Active Social Services

IMPLEMENTATION PROCESS 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 the organizations; development of organizational leadership; strategic planning; strengthening financial systems and organizational committees 2. Developing local leader organizers and local trainers coming from the people’s organizations themselves 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 Micro Credit Project (KMCP) for individual or family enterprises for members of partner organizations; and creation 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 set up by five organizations in five barangays 6. Fisheries and Aquatic Resource Management: raising environmental awareness; participatory resource mapping, 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

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the Coastal Resource Information Network in 1998 7. Promotion of appropriate fishing technology (i.e., gears) and training local researchers/resource managers 8. Policy research, advocacy and enforcement: formulation and later on, passage of a Municipal Fisheries Ordinance for Cabangan 9. Paralegal training for Bantay Dagat

ACCOMPLISHMENTS

Formation of viable POs and PO alliances at the barangay, municipal and provincial level Establishment of a marine sanctuary Formation of Bantay Dagat in cooperation with the Provincial Special Operations Group Formulation, advocacy and eventual passage of the Municipal Fisheries Ordinance Establishment of mechanisms to sustain community enterprises and livelihood Capacity building of local organizers, researchers, trainers, paralegals and leaders

IMPACTS Biophysical 10% average increase in coral cover between 1997-1999 Bigger fishes in greater numbers observed in the sanctuary Socio-Economic Supplementary incomes coming from the household and community enterprises financed by the micro credit scheme Forced savings pooled together in the providential fund to provide loans for emergency and other needs

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FDMP Cabangan, Zambales

Socio-Cultural Increased security of households through the provision and facilitation of social services such as health, education and disaster preparedness Heightened community awareness and support to community programs Gender Increased involvement of women in organizations and various community projectsInstitutional Institutionalization of resource management measures thru policies/ordinances Establishment of Bantay Dagat Formation of strategic PO alliances at the municipal and provincial level Institutionalized capacity building through training of local organizers, local researchers and resource managers, local trainers coming from the POs themselves Facilitated access and provided social services in the areas of health, education and disaster management

INDICATORS OF SUSTAINABILITY Strong and viable people’s organizations with capable leadership and local organizers, researchers Establishment of mechanisms to support socio-economic needs such as the micro credit financing program and providential fund Institutionalisation of resource management measures through the Municipal Fisheries Ordinance of Cabangan Heightened community awareness and support

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

POTENTIAL FOR REPLICATION SIKAT has initiated phase-out mechanisms as they intend to move on to another municipality to replicate the CRM framework and process

EXEMPLARY FEATURES Katipunan Micro-Credit Financing Program Pro-Active Social Services component which addressed health and education needs of community members, as well as disaster management

Source: Balderrama, Benedict 2001. Off the Beaten Track: Developing Sustainable CBCRM among the Fishers of Cabangan, Zambales. 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.

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PARTNERSHIPS AMONG LGUS, NGOS, AND LOCAL COMMUNITIES COMMUNITY-BASED COASTAL RESOURCE MANAGEMENT (CBCRM) IN PUERTO PRINCESA, PALAWAN GEOGRAPHICAL LOCATION Honda Bay, Puerto Princesa, Palawan; 15 coastal villages

RESOURCE MANAGEMENT ISSUES 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 fishing Encroachment by transients using “more efficient” fishing methods (trawl, purse seine, ring nets) within municipal waters Logging and shifting cultivation which cause erosion and siltation Other issues: Inequitable access to marine resources due to open access Land tenure issues of fishers and indigenous communities Mercury contamination of the food chain by an old mining site Extreme poverty Unregulated tourism development

Contact Information Environmental Legal Assistance Center, Inc (ELAC) 271-E Malvar St., Puerto Princesa City, Palawan Tel: (048) 433-5183 Email: gerthie@mozcom.com Palawan NGO Network, Inc. (PNNI) No. 3 Zanzibar Bldg., Rizal Avenue, Puerto Princesa City, Palawan Tel: (048) 434-3370 City Government of Puerto Princesa

CRM FRAMEWORK Community-Based Coastal Resource Management (CBCRM)

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

PRINCIPLES Empowering coastal communities to restore the sustainability of the coastal zone through the development 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, research and policy advocacy To advocate for the transformation of peoples’unsustainable patters of consumption and use of their coastal resources through education and information; To provide organized fishing communities with legal assistance in the defense of their rights in the legal arena

COMPONENTS

Research Community Organizing Environmental Education and Paralegal Training Networking and Policy Advocacy

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

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PARTNERSHIPS AMONG LGUs, NGOs, AND LOCAL COMMUNITIES

Puerto Princesa, Palawan

2. Eliminating hulbot-hulbot operations in Sitio Honda Bay through a successful advocacy and legal battle 3. 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 Princesa 5. 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 province 6. Active participation in sanctuary establishment 7. Organization of the Honda Bay Boatmen Association (HOBBAI) servicing tourists as a microenterprise 8. 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) and the State Polytechnic College of Palawan 9. Training and deputation of Volunteer Community Paralegals as Environment and Natural Resource Officers of the City Government

ACCOMPLISHMENTS

Organization of nine peoples’ organizations; two of which are women’s organizations Training of PO leaders as paralegals; effective apprehension of illegal fishers Passage of Basic Fishery Ordinance and Tourism Ordinance for Puerto Princesa City Recognition and credibility of POs and NGO by the city government Introduction of a Certificate Course on CBCRM in collaboration with other agencies Organization of HOBBAI to facilitate the establishment of a microenterprise that facilitated access of marginalized fishers into the tourism industry

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

IMPACTS Biophysical Steady 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-Cultural Decline in illegal fishing activities Heightened awareness and vigilance of community members Marked change in the attitude of people towards the resources, their rights to a balanced ecology and their attitude in fighting for those rights Institutional Partnerships forged among POs, NGOs and the city government Institutionalization of resource management measures Institutionalisation of education work Empowering people through paralegal training and institutionalising their meaningful participation in implementation, monitoring and decision making processes

ELEMENTS OF SUCCESS Strong community organizations and partner NGO Effective advocacy strategies Knowledge of relevant laws and how to use them to promote fishers rights and welfare

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PARTNERSHIPS AMONG LGUs, NGOs, AND LOCAL COMMUNITIES

Puerto Princesa, Palawan

INDICATORS OF SUSTAINABILITY

Strong and viable people organizations Institutionalization of resource management measures through the basic fishery ordinance Institutionalisation of education work Establishment of sustainable livelihoods Formation of institutional partnerships between POs, NGOs, academe, government agencies and the city government

REQUIREMENTS FOR REPLICATION Institutional Political will, commitment and support of the LGU (municipality/city/province) for the passage of resolutions and ordinances, for the provision of human and financial resources, as well as the formation of effective mechanisms for management and law enforcement.

Technical Capacities for community organizing, negotiation, paralegal skills, advocacy and networking

EXEMPLARY FEATURES Legal and paralegal work as an effective strategy to promote CBCRM Facilitating access to the tourism market through the organization of boatmen; therefore facilitating equitable 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.

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â?™ COLLABORATIVE UNDERTAKINGS AMONG INTERNATIONAL, NATIONAL, AND LOCAL INSTITUTIONS In 1991, the Department of Agriculture (DA) embarked on the biggest program so far initiated by the government in coastal resource management. The Fisheries Sector Program (FSP) was implemented from 1991 to 1997 with a loan from the Asian Development Bank (ADB). The program targeted 12 bays, which are all major fishing grounds beset with over-fishing, growing poverty in their coastal communities, and other critical management issues and problems. The program was a test and challenge for the DA since the design required the incorporation of community-based management as a mainstream approach to CRM. Its primary strategy involved contracting NGOs to facilitate the planning and community organization process. The project was continued in 1999 under a new name, the Fisheries Resource Management Project (FRMP), targeting the management of 18 bays (including some of the former FSP areas), for the duration of another five years.

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

The Coastal Resource Management Project (CRMP), which began in 1995, is another seven-year technical 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 on the experience and lessons of past efforts, CRMP assisted local government units in terms of building capacities, generating baseline information/coastal environment profiles in the areas where they operate, and catalyzing the establishment of legal and institutional arrangements. It has introduced 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 eightvolume 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 some projects 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 through the 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 by local 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 the Department of Finance (DOF).

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

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COLLABORATIVE UNDERTAKINGS AMONG INTERNATIONAL, NATIONAL, AND LOCAL INSTITUTIONS THE ROLE OF PROVINCES IN COASTAL RESOURCE MANAGEMENT: THE DAVAO DEL SUR EXPERIENCE Contact Information CRMP Regional Coordinator for Mindanao Telefax: (082) 225-1707 Suite 8303, Plaza de Luisa140 Magsaysay Ave., 8000 Davao City Email: ayambao@mozcom.com, crmhot@mozcom.com, crmp@oneocean.org Website: www.oneocean.org

GEOGRAPHICAL LOCATION Province of Davao del Sur: all 11 municipalities, and Digos City border the coast; coastal and marine waters cover part of the Sarangani Strait, Celebes Sea and Davao Gulf

RESOURCE MANAGEMENT ISSUES Increasing poverty in coastal communities Weak legal and institutional support Limited community awareness and participation in CRM

CRM FRAMEWORK Provincial Coastal Resource Management The 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 and enforcement, taxation and revenue generation, monitoring and evaluation, capabilitybuilding, and inter-agency and inter-LGU collaboration (DENR et al, 2001/Tambuli 9/11)

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COLLABORATIVE UNDERTAKINGS BETWEEN INTERNATIONAL, NATIONAL, AND LOCAL INSTITUTIONS

Davao del Sur CRM

IMPLEMENTATION PROCESS 1. Creation of provincial CRM Technical Working Group composed of representatives from the Provincial Environment 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 resource assessment (PCRA) and mangrove management 3. Issuance of provincial executive order mandating PENRO to be lead coordinating office in the protection, 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 training assistance 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 municipal CRM plans of the Malalag Bay area municipalities and Digos City. b. Setting up of inter-agency implementing mechanisms and implementing structure at the provincial level

LESSONS LEARNED Experience highlighted the importance of strengthening inter-agency collaboration and coordination in ensuring effective CRM implementation at the provincial level Role 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 important Official support and legal mandate (e.g., executive order issued by the provincial government) needed to mainstream CRM functions and responsibilities at the provincial level Provincial LGU proved to be an effective lead coordinating body for CRM

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COLLABORATIVE UNDERTAKINGS AMONG INTERNATIONAL, NATIONAL, AND LOCAL INSTITUTIONS CODE CREATES WONDERS FOR BOHOL GEOGRAPHICAL LOCATION Contact Information Bohol Environmental Management Office (BEMO) Provincial Government of Bohol, Tagbilaran City Haribon Foundation 4th Floor Fil-Garcia Bldg., Kalayaan Ave. Quezon City Tel: (02) 433-4363 Website: www.haribon.org.ph

Province of Bohol: 30 out of 47 municipalities are coastal with approximately 100,000 marginal fishers, gleaners and fish vendors among its total population of 1, 137, 268 (NCSO 2000); Historically, one of the richest fisheries in central Philippines; beneficiary of several pilot coastal management projects and development initiatives such as the World Bank-assisted CVRP (1984-1992), USAID-GOLD (1996-2001), USAID-CRMP/DENR, and the Industrial Initiative for Sustainable Environment Project.

RESOURCE MANAGEMENT ISSUES

Poverty in coastal communities Increasing pollution and sedimentation Uncoordinated and weak law enforcement Rampant illegal and destructive fishing

CRM FRAMEWORK Provincial Coastal Resource Management The 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 and enforcement, taxation and revenue generation, monitoring and evaluation (M & E), capability-building, and inter-agency and inter-LGU collaboration (DENR et al, 2001/Tambuli 9/11) 76

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COLLABORATIVE UNDERTAKINGS AMONG INTERNATIONAL, NATIONAL, AND LOCAL INSTITUTIONS

Code Creates Wonders for Bohol

IMPLEMENTATION PROCESS 1. Creation of a Provincial CRM Task Force initiated by the DENR (by virtue of EO 118 which identified Bohol as one of 20 priority provinces for CRM) 2. Training of members of the task force in facilitating PCRA, mangrove management, marine protected area (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 is responsible for implementation of the Code. Municipalities use the Code as legal basis and guide in formulating their CRM policies and plans, with BEMO acting as integrator of all CRM activities in the province 4. Creation of a sub-Committee on Marine and Coastal Resources, and a CRM Special Project Unit by the Sangguniang Panlalawigan 5. Execution of MOA between the DENR, DA-BFAR CRMP, and the Provincial Government defining their respective roles in CRM. The agreement shifted role of CRMP from assisting municipalities to building the capacities of CRM staff within the BEMO, and enable it to sustain CRMP’s role as technical assistance provider to Bohol LGUs 6. Identification of CRM learning areas in eastern and southern Bohol. BEMO assisted coastal municipalities in the conduct of PCRA, CRM planning and implementation, as well as in the conduct of M&E in the learning 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 a provincial EO) was appointed secretariat of the provincial CRM Certification TWG and tasked with the annual 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

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

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

LESSONS LEARNED The experience highlighted the importance of strengthening legal and institutional arrangements at the provincial level to institutionalise CRM. The Bohol Environment Code clarified the policy framework and set the management direction of CRM for the province The creation of the BEMO facilitated the operationalization of the framework and translated the direction into concrete programs. It has systematized and standardized CRM implementation methodologies and processes, thus allowing for lessons to be drawn and shared Even if the management of municipal waters is not a direct mandate of the province, the experience has 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 the capacity of municipalities in CRM by providing technical assistance.

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â?™ COLLABORATION AMONG LGUS A current perspective being explored and advocated is the recognition of local governments of CRM as a basic service, especially for those whose areas of jurisdiction include coastal municipalities and barangays. This implies that LGUs will assume responsibility by allocating resources for managing municipal waters and coastal resources. This also means undertaking CRM policy reform and planning processes and putting together a CRM plan together with fisherfolk organizations, coastal communities, and other stakeholders. It likewise implies investment by the LGU in capacity building, training of human resources in CRM-related fields, setting up systems and units specifically to address CRM concerns of the municipality, and establishing infrastructure support to boost the local fishing industry, and in some cases, local tourism. Below is an example of a project that outlines how collaboration among LGUs can yield positive results in CRM.

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COLLABORATION AMONG LGUS MULTISECTORAL PARTNERSHIP IN COASTAL RESOURCE MANAGEMENT: THE ILLANA BAY REGIONAL ALLIANCE (IBRA 9) GEOGRAPHICAL LOCATION Contact Information IBRA Program Management Office 2nd floor Balgo Bldg.

Capitol Compound, Pagadian City

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

RESOURCE MANAGEMENT ISSUES

Degradation of coastal resources such as mangroves, coral reefs and seagrass beds Overexploited marine/fishery resources Rampant illegal fishing No program for the protection, management and rehabilitation of the bay; not a priority of LGUs

CRM FRAMEWORK Rehabilitation of coastal natural resources Establishment and integration of coastal protection program into local development plans and programs Capacity building for key LGU personnel and program management staff Adoption of red tide monitoring measures

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COLLABORATION AMONG LGUs

Illana Bay, Zamboanga del Sur

PROGRAM OBJECTIVES Coastal management plan formulated and implemented involving the seven municipalities, one city and the province of Zamboanga del Sur Formation of the IBRA 9 Council, a multisectoral partnership composed of the nine LGUs, NGOs and government line agencies Formation of baywide Bantay Dagat Establishment of 10 marine sanctuaries throughout the whole bay Formation of functional M/CFARMCs in each of the eight LGUs Conduct of administrative and technical training for key LGU personnel and PMO staff · Adoption of 11 common policies/ordinances by all LGUs involved

IMPACTS Biophysical Increase in fish population and diversity of fish species Mangrove areas now protected Socio-Economic Increase in fish catch Socio-Cultural Provided 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

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Illana Bay, Zamboanga del Sur COLLABORATION AMONG LGUs

Institutional Policies for protection through the declaration of large areas as marine sanctuaries Adoption of 11 common coastal ordinances by the eight municipal/city LGUs; these ordinances were also later on adopted by the LGUs of three smaller bays: Maligay, Sibuguey and Dumaguillas Institutionalization of inter-LGU collaboration through the formation of the IBRA 9 Council; the pooling of resources of the nine LGUs to support the PMO and its programs, providing counterpart funding to the funds initially provided by LGSP

ELEMENTS OF SUCCESS Political will and cooperation among the nine LGUs involved in the program Initial support from an external agency (LGSP) which helped catalyze planning and organizing process

INDICATORS OF SUSTAINABILITY Commitment and support from the pooled resources of LGUs involved in the management of Illana Bay and the creation of a Program Management Office (PMO) Institutionalization of management measures through the 11 common ordinances adopted; the formation of a baywide Bantay Dagat Formation of an institutional partnership among the LGUs, NGOs and Government Line Agencies expressed through the IBRA 9 Council Strengthening of technical and administrative capacity of LGU personnel and PMO staff through a series of trainings

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COLLABORATION AMONG LGUs

Illana Bay, Zamboanga del Sur

REQUIREMENTS FOR REPLICATION Institutional Political will, commitment and support of the LGU (municipality/city/province) for the passage of resolutions and ordinances, for the provision of human and financial resources, as well as the formation of effective mechanisms for management and law enforcement Technical Capacities for consensus building, and management planning, as well as periodic monitoring and evaluation Financial Funds 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 resource Creative use of the Local Government Code through the operationalization of Sec. 33, which provides for LGUs to enact appropriate ordinances, group themselves, coordinate their efforts, services and resources for purposes beneficial to them Creative use of Fisheries Code (RA 8550) Sec 16, operationalizing the management of contiguous fishery resources such as bays

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

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REFERENCES AND TOOLS

REFERENCES AND TOOLS

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CHAPTER

❙ BILATERAL AND MULTILATERAL PROJECTS, PROGRAMS, AND AGENCIES

PARTNERSHIPS IN ENVIRONMENTAL MANAGEMENT FOR THE SEAS OF EAST ASIA (PEMSEA)- INTERNATIONAL MARITIME ORGANIZATION-UNDP-GLOBAL ENVIRONMENT FACILITY-DENR Promotes multi-country initiatives in addressing priority transboundary environment issues in the Gulf of Thailand, Bohol Sea, and Manila Bay. Reinforces and establishes a range of functional networks to support environmental management.

Builds national and regional capacity to implement integrated coastal management programs.

Regional Program Director DENR Compound, Visayas Avenue, Quezon City 1101 Tel: (02) 920-2211, 926-9712 Fax: (02) 926-9712, 426-3849 Email: chuate@pemsea.org, joyce@pemsea.org, info@pemsea.org Website: www.pemsea.org

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RESEARCH, TRAINING, AND INFORMATION RESOURCE CENTER SOUTHEAST ASIAN FISHERIES DEVELOPMENT CENTER/AQUACULTURE DEPARTMENT (SEAFDEC/AQD) Conducts technology verification and extension programs.

Promotes and undertakes aquaculture research that is relevant and appropriate for the region, to develop human resources for the region, and to disseminate and exchange information on aquaculture.

Division Head Barangay Buyuan, Tigbauan, Iloilo 3021 Tel: (033) 336-2965, 3351009, 336-2937 Fax: (033) 335-1008 Email: pltorres@aqd.seafdec.org.ph Website: www.seafdec.org.ph

CBCRM RESOURCE CENTER (CBCRM-RC) Undertakes learning and knowledge management, networks and links with other organizations, and conducts research, community organizations, coastal resource management, and capacity-building activities.

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Program Coordinator 107-A PSSC Building, Commonwealth Avenue, Diliman, Quezon City 1101 Tel: (02) 920-3368 Fax: (02) 920-9968 Email: cbcrm_rc@pacific.net.ph Website: www.cbcrmrc.freeservers.com

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MARINE RESOURCE DIVISION- PHILIPPINE COUNCIL FOR AQUATIC AND MARINE RESEARCH AND DEVELOPMENT (PCMARRD) Trainings Coastal Management Training Program for Local Marine Resource Division Governments Philippine Council for A consortium of institutions—ICLARM, HARIBON, DAAquatic and Marine BFAR, DENR-CMMO, DOST-PCAMRD)—that offers a 12Research and Development day training course designed for LGUs. The training (PCMARRD) Los Baños, Laguna aims to: Tel: (049) 536-1566 - Develop a pool of coastal management Fax: (049) 536-1566; 536-1582 practitioners in LGUs from government Email: mrd@laguna.net organizations, academe, NGOs, private sector, and POs. - Bring together major stakeholders who will work together in the formulation and implementation of an ICM plan for each coastal municipality or city in the Philippines.

National Course on Integrated Coastal Management A national course formed by a group of practitioners to train coastal managers in each region of 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/person inclusive of lodging, food, workshop materials, and field expenses.

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CRM NET Generates information and knowledge on the coastal Chairperson environment and coastal communities of the Philippines.

CRM Net Secretariat Facilitates the exchange of experiences, information, Room 107-A, Ground Floor, and knowledge on the CBCRM and Integrated Coastal Philippine Social Science Management (ICM) between and among the members Center Bldg., Commonwealth Ave., of CRM Net, and similar networks abroad.

Diliman, Quezon City, Fosters and nurtures the linkages between and among Philippines the various advocates, practitioners, and stakeholders in Tel: (02) 927-9237 coastal resource management.

Fax: (02) 920-3368 Email: Synthesizes, promotes, and advocates standards of cbcrm_rc1@pacific.net.ph good practice in CBCRM and ICM. Website: Promotes an open and frank atmosphere for discussions www.cbcrmlearning.org and exchanges between and among the members of CRM Net and other similar networks in South and North countries.

Creates a focal point for the interaction and exchange among all advocates and practitioners of CBCRM and ICM.

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❙ ACADEMIC INSTITUTIONS MARINE SCIENCE INSTITUTE (MSI) Organizes a nationwide clam seeding project with local communities, dubbed “Seven Thousand Clams for Seven Thousand Islands” Educates the public on the significance of preserving the remaining reefs and of enhancing and rehabilitating those already damaged.

Marine Science Institute (MSI) University of the Philippines Diliman, Quezon City Tel: (02) 922-3921; 920-5301 to 99 loc. 7428/7430 Dr. Alino (02) 922-3959 Fax: (02) 924-7678 Email: pmalino@msi01.cs.upd.edu.ph; menez@msi01.cs.upd.edu.ph

MARINE SCIENCE INSTITUTE – COMMUNITY ECOLOGY GROUP (MSI-COMECO) Conducts research for generating basic information necessary for sustainable use, management, and conservation of marine environment.

Provides community development and extension activities such as mangrove reforestation, ecotourism, and solid waste management.

Marine Science Institute – Community Ecology Group (MSI-COMECO) University of the Philippines, Diliman Campus, Quezon City 1101 Tel: (02) 922-3921 Fax: (02) 924-7678 Email: pmalino@upmsi.ph

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ATENEO CENTER FOR SOCIAL POLICY AND PUBLIC AFFAIRS (ACSPPA) Focuses on local government units at the Executive Director municipal level and all major players and Social Development Complex, Ateneo stakeholders in the arena of local de Manila University Campus, Loyola government.

Heights, Quezon City 1108 Focuses on the areas of local governance Tel: (02) 426-6062, (632) 426-6061 Fax: (02) 426-65999 and decentralization, people’s participation Email: jcm30@ateneo.edu; in governance, government-civil societycsppa@admu.edu.ph private sector partnerships and Website: collaboration, and NGO policy influence. www.admu.edu.ph/auxunits/csppa.htm Engages in special projects concerning politics and governance which it sees as urgent and strategic given a certain conjuncture.

SCHOOL OF ENVIRONMENTAL SCIENCE AND MANAGEMENT-UNIVERSITY OF THE PHILIPPINES LOS BAÑOS (SESAM-UPLB) Provides short-term technical assistance to local communities and groups.

Reaches out to the various sectors of society through workshops, seminars, training, publications, exhibits and library services.

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Dean SESAM-UPLB University of the Philippines, Los Baños Campus, Laguna 4031 Tel: (049) 536-2251, 536-3080; 536-2836 Fax: (049) 536-2251 Email: voe@mudspring.uplb.edu.ph, mvoe@agri.searca.org

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COLLEGE OF SOCIAL WORK AND COMMUNITY DEVELOPMENT-UNIVERSITY OF THE PHILIPPINES (CSWCD-UP) Provides training for community development CSWCD-UP practitioners and social service workers for both University of the government and non-government sectors.

Philippines Diliman Promotes gender awareness and gender-fair practices.

Campus, Quezon City 1101 Tel: (02) 920-5301 to 99 Offers a library that houses a sizeable collection of locals 7428/7430, 922-3021 women’s resource and has become a hub of women’s Fax: (02) 929-8438 studies for scholars and activists in and outside the University of the Philippines.

Conducts out-of-campus training on gender awareness and women’s issues.

UNIVERSITY OF THE PHILIPPINES IN THE VISAYAS (UPV) Conducts teaching, research, and extension programs.

Project Sites: Panay Island, Cebu Island, Leyte Island

University of the Philippines in the Visayas (UPV) UPV Campus, Miagao, Iloilo 5023-A Tel: (033) 228-1534, 513-7014 Fax: (033) 338-1534, 513-7012 Email: prfjr@yahoo.com Website address: www.upv.edu.ph

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SILLIMAN UNIVERSITY MARINE LABORATORY (SUML) Conducts researches in taxonomy, biology, conservation, management, feasible mariculture on marine and aquatic resources.

Offers training courses and extension (outreach activities) services.

Director Silliman University, Dumaguete City 6200 Tel: (035) 225-2599, 225-4606 Fax: (035) 225-2500 Email: misucrm@mozcom.com Website: www.mozcom.com/~misucrm

SILLIMAN UNIVERSITY-ANGELO KING CENTER FOR RESEARCH AND ENVIRONMENT MANAGEMENT (SUAKCREM) Conducts research on effects of marine reserves on fish populations and conservation research on Philippine herbs.

Conducts community-based resource management on small islands of Mindanao Sea; management of fishery resources in Dapitan City, Zamboanga del Norte; and coastal resource management in Misamis Oriental and Camiguin Island.

Project Sites: Bohol Strait, Bohol Sea, Sulu Sea, Visayan Sea, main islands in the Philippines

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Executive Director 2/F Marine Laboratory, Silliman University, Bantayan, Dumaguete City, Negros Oriental 6200 Tel: (035) 422-5698, 422-5605 Fax: (035) 225-2500 Email: suakcrem@philwevinc.com, suakcrem@yahoo.com

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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 Nations International Children’s Educational Fund, Local Government Agency. 85 pp.

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

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

Dacanay, M.M.V. et. al. Living Stories. Exemplary Philippine Practices on Environment and Sustainable Development. 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, Christian Aid, Action for Economic Reform, Freedom from Debt Coalition, 1999. 83 pp.

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

A National Wetland Action Plan for the Republic of the Philippines. Protected Areas and Wildlife Bureau, 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 Resource Development, 1998. 38 pp.

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

â—— SOURCE BOOKS, TOOL KITS, TRAINING MANUALS Utilizing Different Aquatic Resources for Livelihoods in Asia: A Resource Book. International Institute for Rural Reconstruction, International Development Research Center, Food and Agriculture Organization of the United Nations, Network of Aquaculture Centers in Asia-Pacific and International Center 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, Marine Environment and Resources Foundation Inc., University of the Philippines, Diliman, Guiuan Development Foundation Inc., University of the Philippines in the Visayas, Tacloban, Voluntary Service Overseas-Philippines, Bohol Integrated Development Foundation, Inc., 2001. 92 pp.

Roldan, Sievert. An Introduction to Coastal Resource Management for Local Government Officials and Community Organizers. Fisheries Resource Management Project, Bureau of Fisheries and Aquatic Resources, 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 of Environment 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 Resources supported by the United States Agency for International Development, 1998. 96 pp.

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

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

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Murray Li, Tania. Gender Issues in Community-based Resource Management: Theories, Applications and Philippine 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 Areas in 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.

â—— LEGAL REFERENCES Rodrigo, Quicho Jr. The Environment on the Scale: Ipagtanggol ang Kalikasan II. Philippine Judicial Academy, Tanggol Kalikasan, 2001. 204 pp.

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

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

â—— 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 Local Government 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 of Fisheries and Aquatic Resources, Quarterly.

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

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

Haring Ibon, Haribon Foundation Inc. DA-BFAR News, Official Publication of the Bureau of Fisheries and Aquatic Resources.

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â—— TECHNICAL REPORTS/CONFERENCE PROCEEDINGS Report of the 1st Asian Development Forum: Community-based Natural Resources Management: NGO Experience 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 Sustainable Development: Towards Sustainable Livelihoods for Asian Grassroots Communities. Asian NGO Coalition for Agrarian Reform and Rural Development (ANGOC), 1995. 132 pp.

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

Enhancing the Success of Integrated Coastal Management Initiatives. Technical Report 2. Partnerships in 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 Seas of East Asia (PEMSEA), 1999. 88 pp.

Integrated Coastal Management in Tropical Developing Countries: Lessons Learned from Successes and Failures. 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 for the Seas of East Asia (PEMSEA), 1999. 121 pp.

Sharing Lessons and Experiences in Marine Pollution Management. Technical Report 20. Partnerships in 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 Biodiversity Conservation Magazine, January-March 2001. Haribon Foundation.

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

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

Brunio, E.O. “The Jandayan Island Experience.” Haring Ibon. The Best of Philippine Biodiversity Issue 8, 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 Biodiverisy Conservation Magazine, October-December 2001. Haring Ibon Foundation.

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

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❙ LIST OF POTENTIAL STUDY TOUR SITES ON CRM STUDY TOUR SITES

ESSENTIAL FEATURES

CONTACT DETAILS

Cabangan, Zambales

Sustainable Livelihood Katipunan Micro Credit Financing Program (KMFCP) Resource Management Marine Sanctuaries/MPA Strong Community/Peoples Organization KUMACAZA (PO Federation)

Sentro Para sa Ikauunlad Ng Katutubong Agham at Teknolohiya (SIKAT) Unit 338 Eagle Court Condominium, 26 Matalino St., Quezon City Tel: (02)4368950

Inopacan, Western Leyte

Community/Peoples Organization Resource Management Marine Sanctuaries/MPA NGO-LGU Partnership Local Peoples Organizations PhilDHRRA Visayas Municipality of Inopacan Development Planning Sustainable Integrated Area Development (SIAD)

PhilDHRRA Visayas Regional Secretariat Programme Manager 16 Queens Road, Cebu City Tel: (032) 412-6840

Sustainable Livelihood Seaweed Farming Cooperative Store

Center for Empowerment and Resource Development (CERD), Inc.

Hinatuan Bay, Surigao del Sur

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Municipal Government of Inopacan Inopacan, Western Leyte

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STUDY TOUR SITES

Baliangao, Misamis Occidental

ESSENTIAL FEATURES

CONTACT DETAILS

Resource Management Marine Protected Area (Municipal and Barangay) Civil Society-LGU Partnerships CERD Municipality of Hinatuan Peoples Organizations

Executive Director 102-E R&L Bldg., Kamuning, Quezon City Tel: (02) 925-1642

Resource management Wetland Park/Protected Seascape Mangrove Forest Mt. Malindang Protected Area NGO-Inter-LGU Partnerships Pipuli Foundation Municipality of Plaridel Municipality of Baliangao Danao Bay Resource Management Office (POmanaged) Management Planning Protected Area Planning

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

Municipal Government of Hinatuan Hinatuan, Surigao del Sur

Baliangao Wetland Park Board Danao Bay Resource Management Council

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STUDY TOUR SITES Apo Island, Dumaguete City, Negros Oriental

Honda Bay, Palawan

ESSENTIAL FEATURES

CONTACT DETAILS

Resource Management First Marine Protected Area Partnerships Academic Institutions – Silliman University Province of Negros Oriental Peoples/Community Organizations

Provincial Government of Negros Oriental

Policy Advocacy and Paralegal Work Lobbying BFAR Paralegal Assistance to affected communities Partnerships ELAC City Government of Palawan Peoples Organizations

Environmental Legal Assistance Center, Inc (ELAC) 271-E Malvar St., Puerto Princesa City, Palawan Tel: (048) 433-5183 Email: gerthie@mozcom.com

Silliman University Dumaguete City, Negros Oriental Tel: (035) 422-5698

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

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STUDY TOUR SITES

ESSENTIAL FEATURES

CONTACT DETAILS

Illana Bay, Misamis Occidental

Inter-LGU Partnerships Illana Bay Regional Alliance 9 FSP Project Site Resource Management Marine Sanctuaries/MPAs

Illana Bay Regional Alliance 9 (IBRA 9) 2nd floor Balgo Bldg.

Capitol Compound, Pagadian City

Province of Bohol

Inter-LGU Partnerships Bohol Environmental Management Office CRMP Project Sites Resource Management MPAs/ Marine Sanctuaries

Bohol Environmental Management Office (BEMO) Provincial Government of Bohol Tagbilaran City

Resource Management MPAs/Marine Sanctuary Integrated Seaweed Farming Coral Reef Monitoring Sustainable Livelihood Ecotourism Cooperatives

Guiuan Development Foundation Margarita de la Cruz 117 P. Zamora St., Tacloban City, Leyte Tel: (053) 325-6592

Guiuan, Eastern Samar

Haribon Foundation 4th Floor Fil-Garcia Bldg., Kalayaan Ave. Quezon City Tel: (02) 433-4363 Website: www.haribon.org.ph

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STUDY TOUR SITES

ESSENTIAL FEATURES

CONTACT DETAILS

Strong Community/Peoples Organizations 22 Peoples Organizations Resource Management Lingayan Gulf, Pangasinan Municipality of San Teodoro MPAs/Marine Sanctuary Coral Reef Management Municipality of Bolinao Mangrove Reforestation Inter-Agency Partnerships Academe LGUs Community/PO NGOs

University of the Philippines Marine Science Institute UP-Diliman, Quezon City Tel: (02) 922-3921 UP- College of Social Work and Community Development UP-Diliman, Quezon City Tel: (02) 920-5301 to 99 Haribon Foundation4th Floor FilGarcia Bldg., Kalayaan Ave. Quezon City Tel: (02) 433-4363 Website: www.haribon.org.ph Provincial Government of Pangasinan Municipal Governments of San Teodoro and Bolinao

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STUDY TOUR SITES

ESSENTIAL FEATURES

CONTACT DETAILS

Island Garden City of Samal

Resource Management Mariculture Park Inter-Agency Partnerships BFAR City of IgaCoS SEAFDEC

The City Mayor City Hall Island Garden City of Samal

Batangas Bay, Batangas

Resource Management Integrated Coastal Management Public Private Partnerships Inter-Agency Partnerships PG-ENRO/LGUs of Batangas Bay Region Academe Batangas Bay Industries Batangas Coastal Resource Management Foundation

Provincial Government of Batangas Batangas PG-ENRO Capitol Site, Batangas City

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STUDY TOUR SITES Barangay Hugom, Laiya, San Juan Batangas

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ESSENTIAL FEATURES Resource Management MPA Pilot site for reef rehabilitation through coral transplantation Partnerships Beach Resort Owners Hayuma Foundation LGUs – (barangay level) Capability Building Paralegal Training Participatory Coral Reef Monitoring

CONTACT DETAILS Hayuma Foundation, Inc. 87-A Scout de Guia, Diliman, Quezon City Tel: (02) 372-2884

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T

here 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 1998 and 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 get involved in coastal resource management.

These laws were followed by various policy issuances that provide implementation guidelines for various provisions of the Code. Despite the modest opportunities offered by the law for more active participation of small fisherfolk and civil society groups in decision-making and resource management, several issues and concerns still remain whose resolution require the political will and cooperation of various stakeholders. This is especially true for city and municipal local government units, whose role has been particularly highlighted by virtue of its jurisdiction over municipal waters. Among the issues that stimulated a lot of reaction recently was the issue of delimiting 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 in the country and provide LGU mandates to pursue CRM in their respective area.

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

◗ DENR ADMINISTRATIVE ORDER (DAO) 2001- 17 GUIDELINES FOR THE DELINEATION AND DELIMITATION OF MUNICIPAL WATERS Section 4 (C) Role of Local Government Units 1. 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/delimitation through the Sangguniang Bayan/Panglungsod or Panlalawigan or in any appropriate body; 4. Enact ordinances setting forth the extent of its municipal waters, incorporating thereof the maps 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 LGC Definition of municipal waters Section 3, item (i) Local government units shall share with the national government the responsibility in the management and maintenance of ecological balance within their territorial jurisdiction, subject to the provisions of this Code and national policies.

Section 16 Role 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 development of appropriate and self-reliant scientific and technical capabilities, improve public morals, enhance economic prosperity and social justice, promote full employment among their residents, maintain peace 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 activities which include dispersal of livestock and poultry, fingerlings and other seeding materials for aquaculture; palay, corn, and vegetable seed farms; quality control of copra and improvement and

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development of local distribution channels, preferably through cooperatives; interbarangay irrigation system; water and soil resource utilization and conservation projects; and enforcement of 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 facilities related 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 organizations of farmers’and fishermen’s cooperatives and other collective organizations, as well as the transfer of appropriate technology.”

Number (3) (iii) of the same section “Pursuant to national policies and subject to supervision, control and review of the DENR enforcement 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 or coordinate their efforts, services and resources for purposes commonly beneficial to them. In support of such undertakings, the local government units may, upon approval by the sanggunian concerned 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 as may 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 arrangements with people’s and non-governmental organizations to engage in the delivery of certain basic

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services, capability-building and livelihood projects, and to develop local enterprises designed to improve productivity and income, diversity agriculture, spur rural industrialization, promote ecological 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 the sanggunian concerned, provide assistance, financial or otherwise, to such people’s and nongovernment organizations for economic, socially-oriented, environmental, or cultural projects to be 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. 22 Demarcated Fishery Right Sec. 23 Limited Entry into Overfished Areas S E RV 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

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Sec. 24 Support to Municipal Fisherfolk Article 3 Aquaculture Sec. 51 License to operate Fish Pens, Fish Cages, Fish Traps and other Structures for the Culture of Fish and Other Fishery Products Sec. 52 Pearl Farm Leases Sec. 53 Grant of Privileges for Operations of Fish Pens, Cages, Corrals/Traps and Similar Structures Sec. 56 Non-Obstruction to Defined Migration Paths Sec. 57 Registration 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. 68 Development of Fisheries and Aquatic Resources in Municipal Waters and Bays- Fisherfolk and their organizations residing within the geographical jurisdiction of the barangays, municipalities of cities the 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.73 The M/CFARMCS Sec.74 Functions of the M/CFARMCs Sec.75 Composition of the M/CFARMCs Sec.76 The IFARMC Sec.77 Functions of the IFARMCs Sec.78 Composition of the IFARMCs

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Sec.79 Source of Funds of the FARMCs Chapter IV Fishery Reserves, Refuge and Sanctuaries Sec. 80 Fishing Areas Reserved for Exclusive Use of Government Sec. 81 Fish Refuge and Sanctuaries Chapter VII General Provisions Sec. 108 Fisherfolk Settlement Areas Sec. 109 Municipal Fisheries Grant Fund Sec. 111 Fishing Vessels Development Fund Sec. 112 Special Fisheries Science and Approfishtech Fund Sec. 114 Other fisheries financing Facilities

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Sec. 120 Extension Services Sec. 124 Protection of Sensitive Technical Information

â—— REPUBLIC ACT 8435 - AGRICULTURE AND FISHERIES MODERNIZATION ACT OF 1997 Provisions that Impact on the Role of LGUs: Chapter 1 Strategic Agriculture and Fishery Development Zones Sec. 6 Network of areas for agriculture and agro industrial development. Department shall consult with LGUs, NGOs, farmers/fisher groups, other agencies in the identification of SAFDZs within the network of protected areas for agriculture and agro-industrial development Sec. 9 Delineation of SAFDZ Sec. 10 Preparation of land use and zoning ordinances Sec. 19 Role of other agencies. Shall support the Department in the implementation of Agriculture and Fisheries Modernization Plan (AFMP). DILG shall provide assistance in mobilizing resources under the 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 mangrove strip 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 as fishponds.)

RA 8850 The Philippine Fisheries Code BFAR AO 125 (1979) Conversion of fishpond permits and 10 to 25 year Fishpond Lease Agreement or FLA (to accelerate pond 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 ponds under 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.

â—— ON MANGROVE CONSERVATION AND REHABILITATION RA 8850 The Philippine Fisheries Code RA 7161 Prohibition 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.

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

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 along shorelines, 20-50 meters along riverbanks.

PD 1067 3 to 20 m of riverbanks and seashore for public use: recreation, navigation, flotage, fishing and salvage: building of structures not allowed.

DENR AO 77 (1988) Implementing guidelines of Integrated Social Forestry Program (provides incentives in comanagement 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 against further 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.

â&#x2014;&#x2014; IMPLEMENTING GUIDELINES OF SELECTED PROVISIONS OF RA 8550 FAO 196 (2000) Guidelines on the Creation and Implementation of Fisheries and Aquatic Resources Management Councils (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 poisonous substances FAO 208 (2001) Conservation of rare, threatened and endangered species FAO 209 (2001) Guideline on the production, harvesting, handling and transportation of shellfish for implementation of 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 6541 Prohibition and punishment of electro fishing RA 8850 The Philippine Fisheries Code RA 7942 Quarrying of Resources PD 1198 Limit gathering of corals PD 1219 Regulation and conservation of coral resources PD 463 Mineral resources Development Decree – penalty relative to mining pollution

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PD 705 Forestry Code, Sec 16

◗ PROTECTION AND CONSERVATION OF MANGROVE AREAS PD 984 Pollution Decree of 1976

◗ GUIDELINES ON WASTE AND EFFLUENT MANAGEMENT RA 9003 Solid Waste Management Act RA 6969 Anti-Toxic and Hazardous Substances Act DENR AO 03 Policies 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

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DENR AO 34 (1991) Guidelines for the issuance of environmental compliance certificate for fishpond development FAO 11 Rules and regulation for marine molluscs protection FAO 125 Rules and regulations governing the granting of 25 years FLAs FAO 144 Rules and regulations on commercial fishing: Licensing Restrictions FAO 163 Prohibiting the operation of “muro-ami” and “kayakas” in all waters FAO 164 Rules governing the operation of “hulbot-hulbot” in Philippine waters FAO 3 Providing for the conservation of “banak”(mullet), establishing a closed season from November 15 to January 15 of each year, and regulating construction of fish corrals to be 200 m apart

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

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ANNEXES

RA 7586 Establishment and management of national integrated (NIPAS ACT) protected areas system in remarkable areas and biologically important public lands PD 856 Industrial hygiene; sewage disposal PD 976 Prevention and Control of Marine Pollution; EMB to promulgate rules and policies about marine pollution; Phil Coast Guard to enforce laws, rules and regulations governing marine pollution RA 9147 Wildlife 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 1586 Every project to comply with an Environmental Impact Statement System DENR AO 76 Establishment of buffer zone in coastal and estuarine mangrove area

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COASTAL RESOURCE MANAGEMENT

RA 716 Local Government Code of 1991 pertains to devolution of some national government functions to the municipal government units as well as participation of peopleâ&#x20AC;&#x2122;s organizations and NGOs in local governance EO 117 Establishment of the inter-agency task force for coastal environmental protection DA-DILG Memo of Agreement Devolving 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 seasons in municipal waters Joint Administrative Order 3 (DA-DILG) Implementing guidelines on the 15-km municipal water, including provision for zonification

AO BFAR DENR MNR PD PP RA

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Administrative Order Bureau of Fisheries and Aquatic Resources; Department of Environment and Natural Resources Ministry of Natural Resources Presidential Decree Presidential Proclamation Republic Act

S E RV 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