Download - 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
-
8/22/2019 CRM as Basic Services.ppt
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.
-
8/22/2019 CRM as Basic Services.ppt
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
-
8/22/2019 CRM as Basic Services.ppt
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
-
8/22/2019 CRM as Basic Services.ppt
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
-
8/22/2019 CRM as Basic Services.ppt
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
-
8/22/2019 CRM as Basic Services.ppt
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
-
8/22/2019 CRM as Basic Services.ppt
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
-
8/22/2019 CRM as Basic Services.ppt
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
-
8/22/2019 CRM as Basic Services.ppt
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
-
8/22/2019 CRM as Basic Services.ppt
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
-
8/22/2019 CRM as Basic Services.ppt
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
-
8/22/2019 CRM as Basic Services.ppt
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
-
8/22/2019 CRM as Basic Services.ppt
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
-
8/22/2019 CRM as Basic Services.ppt
15/15
Thank you very much !!!
Madamo gid nga Salamat !!!