crm as basic services.ppt

8/22/2019 CRM as Basic Services.ppt

1/15

Regulatory and Legal Framework Content

RA No. 7160 (Local

Government Code of

1991)

RA No. 8550 (

Fisheries Code of

1998)

Salient Features of

RA # 7160 & RA #

8550


2/15

Legal Framework for CRM CRM is built on a national legal framework on

the Phil. Constitution under Article 10, Section2, and Article 12 for local autonomy

Section 1. The goals of the national economy area more equitable distribution of opportunities,income and wealth

Section 2. The state shall protect the nationsmarine wealth in its archipelagic waters, territorial

sea, and exclusive economic zone, and reserve itsuse and enjoyment exclusively for Filipinocitizens.


3/15

Regulatory Framework for CRM (RA # 8550)

Zoning Prescribed specific use of the

managed area

Preservation zone: no humanaccess other that what ispermitted

National Park Zone: with highhuman access but usually nohunting, fishing and collecting

Recreational Zone: high humanaccess and control on levels ofhunting, fishing, and collecting

General Use Zone: commercial,recreational and subsistenceactivities are allowed withpossibility of regulation toprovide long-term use or toprotect more sensitive area


4/15

Closure

Involve short term closure during the part of the year

Closure for a number of years for habitat recovery Important to breeding of certain species

Yield Limitations

Permitted level of catch

Monitoring yield and prohibiting harvest after certain yieldhas been obtained

Limiting the number and capacity of boats permitted toharvest

Sec. 86 unauthorized Fishing

Sec. 91 Ban on Coral Exploitation and Exportation Sec. 98Capture of Sabalo mother milkfish

Sec. 101 Violation of Catch Ceiling


5/15

Equipment Limitations

Destructive techniques/methods of fishing

Net mesh size

Anchor design

Sec. 88 Fishing through explosives, noxious or poisonous

substances and electro fishing

Sec. 89 Use of Fine mesh nets

Sec. 90 Use of Active Gear in Mun. Waters

Sec. 92 Ban on Muro-ami

Sec. 93 Illegal Use of Superlights

Impact Limitations

Permitted level of Pollutants

Sec. 102 Aquatic pollution


6/15

Policies and Legislations Under

RA# 7160

Transfer of powers from the central

government is necessary to bring

development for the countryside

Develop localities at their own pace,

resources, and discretion

Defined the scope and extent of locallegislative powers


7/15

Overriding Policies relevant to CRM

The expansion of municipalwaters to 15 kilometers from5.5 Kilometers (3 nauticalmiles)

Devolution of powers and

functions of DA, DENR,other line agencies to Localgovernment Units

Rights to issue licenses,leases, or permits, for theuse of municipal waters

Preferential treatment to themunicipal fishers in the grantof fishery licenses


8/15

Salient Features of RA # 7160 Local Government Code

Section 16. General Welfare. LGUs to exercise just

about any power that will benefit their constituencies.

It includes:

Powers expressly granted by the LGC

Powers necessarily implied from the power that is expressly

granted

Powers necessary, appropriate, or incidental for efficient andeffective governance; and

Power essential to the promotion of the general welfare of its

inhabitant

These powers maybe focused upon

Local culture

Health and safety

Balanced ecology

Self-reliant scientific and technological capacities

Economic prosperity and social justice


9/15

Section 17. Basic Services and Facilities

The utilization and conservation of municipal water

resources

Enforcement of fishery laws in municipal waters

Conservation of mangrove resources Implementation of community-based forestry projects and

management and control of community forests

Establishment of parks (marine, forest)

Establishment of solid waste disposal systems and

Environmental management systems related to hygiene andsanitation


10/15

Section 33. Cooperative Undertaking. LGU through appropriateordinance may:

Group themselves, consolidate, or coordinate their efforts, servicesand resources for the purposes commonly beneficial to them

In support to such undertaking, contribute funds, real estate,equipment, and other kinds of property and appoint or assignpersonnel

Section 35. Linkages with Pos and NGOs LGUs may enter into joint ventures, cooperative arrangement with

POs and NGOs

Engage in delivery of basic services, capability building, livelihoodprojects

Develop local enterprises to improve productivity and income,

diversify agriculture, spur rural industrialization, promote ecologicalbalance, and enhance the economic and social well-being of thepeople


11/15

The Overriding Policies under RA # 8550, The

Philippine Fisheries Code of 1998

Food security as the primary

goal Limiting access of the

fisheries resources forexclusive use of Filipinos

Rational and sustainable

development, managementand conservation of coastalfishery resources

Protection of the rights offishers (FARMC)

Management of coastal andfisheries resources in thelight of the concept ofintegrated coastal areamanagement


12/15

Salient Features of Philippine Fisheries Code( RA # 8550) Sec. 4. Definition of Terms

(10) Commercial Fishing Boat

Small scale 3.1 gross tons to 20 gross tons

Medium scale 20.1 gross tons to 150 gross tons

Large scale 150.1 and above (57) Municipal Fishing Boat 3 gross tons and below

(58) Municipal Waters

but also two lines drawn perpendicular to the generalcoastline from points where the boundary lines of the

municipality touches the sea at low tide and the third lineparallel with the general coastline including offshoreislands and fifteen kilometers from such coastline


13/15

Sec. 6. Fees and other Fishery Charges. the license fees of

fishery activity in municipal waters shall be determined by the

LGUs in consultation with the FARMC. The FARMC may also

recommend the appropriate license fees that will be imposed

Sec. 9. Establishment of Closed Season. Provided , further

that in municipal waters fishery managed areas and other areas

reserved for the use of the municipal fisherfolk, closed seasonmaybe established by the concerned LGU in consultation with

the FARMC for conservation or ecological purposes

Sec. 15. Auxillary Invoices. all fish and fishery product must

have an auxillary invoice to be issued by the LGU or their duly

authorized representative prior to their transport from the pointof origin to their point of destination


14/15

CHAPTER II MUNICIPAL FISHERIES

Sec. 16. Jurisdiction of City/Municipal Government

Enact appropriate Municipal Fishery Ordinance Enforce all fishery laws, rules and regulations

Sec. 17. Grant of Fishing Privileges

To erect fish corrals, oyster, mussel or other aquatic beds or

bangus fry areas

Gather, take or catch bangus fry, prawn fry and fry of other speciesof fish

Issue license for the operation of fishing vessels three gross tons or

less

Sec. 18. Users of Municipal Waters (small and medium Com.

F/B in 10.1 to 15 kilometers Sec. 19. Registry of Municipal Fisherfolk

LGU shall maintain a registry of municipal fisherfolk who are

fishing or desire to fish in municipal waters for the purpose of

determining priorities among them and limiting entry into the

municipal waters and of monitoring fishing activities


15/15

Thank you very much !!!

Madamo gid nga Salamat !!!

crm as basic services.ppt

Documents