2016 Volume XV No. I
SPECIAL ISSUE National Marine Policy Review and Strategic Direction
Review and Update of the 1994 National Marine Policy and the Formulation of the National Marine Strategy
EDNA E.A. CO MARK ANTHONY M. GAMBOA MICHAEL ERIC L. CASTILLO with the assistance of PAOLA G. CERIOLA MADELINE N. DAVEY SHAIRA F. PANELA RHODELYN SABAN ARIES IVAN VIRAY (PAGE INTENTIONALLY LEFT BLANK) EDITORIAL BOARD Alfredo E. Pascual, Chair; Emerlinda R. Roman; Emil Q. Javier; Francisco Nemenzo, Jr.; Jose V. Abueva; Edgardo J. Angara; Emmanuel V. Soriano; Edna Estifania A. Co; Gisela P. Concepcion; J. Prospero de Vera III
Copyeditor Lea Marie F. Diño Layout/Proofreading Maria Jorica B. Pamintuan
Public Policy (ISSN 0118-8526) is published semi-annually by the University of the Philippines.
Editorial, Business & Subscription Offices UP Center for Integrative and Development Studies UP Bahay ng Alumni Building 1101 Diliman, Quezon City, Philippines Tel 435-9283 Telefax 929-3540 Email [email protected] Website http://cids.up.edu.ph/ Facebook page facebook.com/up-cids
Public Policy accepts submissions of All manuscripts must be original. manuscripts examining contemporary social, Authors should be prepared to rewrite their cultural, economic and political issues in the articles in accordance with the comments Philippines and the Asia-Pacific. Manuscripts, and suggestions of referees. The editors in Times New Roman or Calibri, and in single will not assume any responsibility for space or 1.5 spacing, must be submitted on manuscripts received; materials will be CD and as hard copy. These must include returned only if a written request for these an abstract and proper references with is made by the author/s. end notes kept to a minimum. References The articles in Public Policy do not should be in Chicago format. A style that is represent the views of the University of the comprehensible and easy to read is preferred Philippines. The editors are responsible for and welcomed. Authors may submit tables, the selection and acceptance of all articles. graphs, maps, illustrations and other artwork They are not, however, responsible for the with the manuscript. Contributors may also views expressed in any article published submit book reviews, review essays or article in this journal; the responsibility for the reviews. These articles, 2-5 pages long, should views expressed in any of these articles be in the format as stated above. Authors of remains with the authors. books reviewed by contributors can respond with articles following the same format. Reviewers
Reviewer Affiliation
Eufracio Abaya University of the Philippines
Alyssa Peleo Alampay University of the Philippines
Aileen Baviera University of the Philippines
Sedfrey Candelaria Ateneo de Manila Law School
Clarita Carlos Center for Political and Democratic Reform, Inc. Eulalio Guieb III University of the Philippines Leticia Ho University of the Philippines
Simeon Ilago University of the Philippines
Ponciano Intal Economic Research Institute for ASEAN and East Asia-Indonesia
Napoleon Juanillo, Jr. Commission on Higher Education
Bernard Karganilla University of the Philippines
Anthony Leachon University of the Philippines
Joseph Anthony Lim Ateneo de Manila University
Gilbert Llanto Philippine Institute of Development Studies
Ruth Lusterio University of the Philippines
Eduardo Mendoza University of Munich
Marie Antonette Menez University of the Philippines
Henry Tadap Okole Papua New Guinea and the Solomon Islands National Research Institute
Perry Ong University of the Philippines
Jeremaiah Opiniano University of Santo Tomas Visiting Lecturer University of Hawai'i at Manoa-Convenor, The Road Antonio Oposa,Jr. Sharing Movement National Academy of Science and Technology, University of the William Padolina Philippines Emma Porio Ateneo de Manila University
Jon Quah National University of Singapore
Ma. Lourdes Rebullida University of the Philippines
Alfredo C. Robles, Jr. De La Salle University
Agnes Rola University of the Philippines
Patricia Sto. Tomas Advisory Council - Philippine Civil Service Commission
Peter Sy University of the Philippines
Jorge Tigno University of the Philippines Public Policy (PAGE INTENTIONALLY LEFT BLANK) Contents
Preface
Acknowledgments
Introduction 1
National Marine Policy Review 28
Strategic Direction 48
References 63
Appendices 71 Preface This timely update and review of the National Marine Policy (NMP) of the Philippines is strategically crucial, coming at the important crossroad of our nation’s archipelagic development. While the seminal works have started over 20 years ago, i.e., with the Cabinet Committee on Marine and Ocean Affairs (CABCOM-MOA ) circa 1994, its urgency is highlighted by the fast-changing needs of our time. As exemplified in our Philippine-style participatory governance and policymaking, the team has travelled to the islands of Luzon, Visayas, and Mindanao holding consultation workshops, engaging key stakeholders and experts, and distilling a comprehensive framework of policy imperatives from its groundwork. The NMP is drawn from a series of gap analyses on the root causes of our fragmented governance, tying together the socio-ecological institutional systems that are combined with the cultures of island communities. These are woven into the strategic imperatives elucidated in the four pillars of the NMP and its desired outcomes as outlined in: a) marine politics and jurisdiction with its defined baselines and the award of the Benham seamount; b) marine regulation and enforcement in strategically implementing national programs and securing its borders; c) marine development and conservation such as the maritime industry and energy development and sustainable fisheries balanced with local and national marine protected areas governance; and d) marine security in the face of ascendant China and the US Pacific pivot. These crosscutting areas are also tied together in the quest towards building resilient communities, the imperatives to act now in meeting the demands of climate change and a rapidly changing world. A clear road map is required for the future to capture the imagination of our nation, the NMP presents a framework for a common vision for what appears to be fragmented archipelagos of socio-ecological systems. These are opportunities of islands hope for our country to chart our course, bounded by our maritime byways, anchored on sustaining community based efforts that develops into a strong inclusive “blue” economy. It will be through our individual and collective responsibilities that we are committed to be the brave stewards of these seas that bind us to our common future. Our journey of over a thousand miles would not have been possible without the valuable contributions of countless partners as documented in the appendices and those undocumented. They have made the travel all worthwhile.
Porfirio M. Aliño, PhD Deputy Director for Research, Marine Science Institute University of the Philippines-Diliman Acknowledgments
The University of the Philippines Center for Integrative and Development Studies (UP-CIDS) acknowledges the financial assistance extended by the National Coast Watch Council (NCWC) led by Undersecretary Jose Luis Alano, NCWC Executive Director, under the Office of the President, Republic of the Philippines. UP-CIDS also acknowledges the faculty from the University of the Philippines who extended their expertise to the project. They are Dr. Marie Antonette Meñez, Dr. Porfirio Alinio, Dr. Aileen Baviera, Atty. Jay Batongbacal, Atty Celeste Ruth Mallari, Atty. Mark Anthony Gamboa, Dr. Nathaniel Anasco, Engineer Nathaniel Diola, Dr. Ernesto Pernia, and Dr. Gil Jacinto. This project would not have been possible without the support and cooperation given by the key informants, some of whom are high officials in government, legislators, and international agency experts on marine sciences and environmental economics, and by people from the different communities which the project team visited and with whom the team touched base during the focus group discussions. To them, UP-CIDS owes so much for making this policy review possible. The staff and researchers of CIDS who committed their time, talent, and efforts are most appreciated especially during times when they braved the rough waters of the Pacific Ocean and West Philippine Sea to make numerous discussions and consultations across the archipelago possible. The UP-CIDS deeply appreciates the unparalleled support extended by the UP President Alfredo E. Pascual and the Office of the Vice President for Legal Affairs led by Danny Uy especially at the beginning of the project and in the crafting of the Memorandum of Agreement with the NCWC. We are truly grateful to these people for giving the UP-CIDS an opportunity to serve the country albeit in a modest way. (PAGE INTENTIONALLY LEFT BLANK) Introduction
The Philippines is the world’s second largest archipelago with approximately 7,500 islands (Macaranas 2016) and more than 36,000 square kilometers of coastline. It has been declared the “Center of the Center for Marine Biodiversity” (Carpenter and Springer 2005). The exclusive economic zone (EEZ) is about two million square kilometers. The country faces the Luzon Strait to the north, Celebes Sea to the south, West Philippine Sea to the west, and the Pacific Ocean to the east. The country is divided into three island groups: Luzon, Visayas, and Mindanao. It has 17 administrative regions and one autonomous region (Autonomous Region in Muslim Mindanao). There are 81 provinces, 144 cities, and 1,490 municipalities. More than three-quarters of the provinces and more than half of the municipalities are located along the coastline. On April 12, 2012, the United Nations Commission on the Limits of the Continental Shelf affirmed the country’s claims to the Benham Rise. An undersea region that is an extinct volcanic ridge covering an area of 13million hectares under the sea east of Luzon, and 35 meters underwater at its shallowest point off Aurora and Isabela (Alave 2012). Because the region is seismically active, the government is not yet exploring the possibilities of oil and gas deposits within the area. The Philippines is the sole claimant of the region, as the area is part of its continental shelf. Due to the country’s archipelagic nature, the variability of climate across the country is immense, and can be divided into at least 11 clusters (David et al. 2005, 1). These clusters are based on historic trends on sea surface temperature, Co et al.
sea surface height, wind data, and precipitation, and were compared with global trends. The seasonal reversing monsoons (Hanging Habagat, Hanging Amihan) and the tidal and non-tidal circulations between the West Philippine Sea and the Western Pacific Ocean largely affect oceanic circulation around the Philippine archipelago (Wang et al. 2008). The islands of the Philippines are of volcanic origin, with numerous active volcanoes, making seismic activities like earthquakes, tremors, and volcanic eruption a relatively common occurrence. As a majority of Filipinos reside along the coast, there is relative dependence on fisheries and aquaculture for livelihoods and protein. Based on the 2010 census, the country’s population is at 92.34 million (Philippine Statistics Authority 2010), with 60 percent living along these coastal areas. Fish accounts for 70 percent of total animal protein intake and 30 percent of total protein intake in the country (Asian Development Bank 2014). Based on the State of Coral Triangle Initiative report (Coral Triangle Initiative 2014), the fisheries sector accounted for at least 2.2 percent of the country’s gross domestic product (GDP) and reached up to 4.4 percent in constant prices (2010). In 2011 the fisheries industry declined due to a decrease in production in both the commercial and small-scale fishing sectors. The study stated that fishermen in the Philippines belong to the poorest of the poor; in 2002 per capita income was at PHP11,906 which nominally increased to PHP16,841 by 2009. The size of the Philippines’ territorial sea (up to 12 nautical miles) is more than twice its total land area, and eight out of every 10 provinces are located in coastal areas. Based on the above mentioned information, it is quite surprising that the country’s archipelagic nature has not been appreciated and emphasized in the policymaking agenda and planning initiatives of the government. To govern all these areas, not a single legislative measure can match the profound impact of the 1994 National Marine Policy (NMP) as a “mega-policy.” It lays the foundation of a truly maritime and archipelagic developmental regime fit for a proud race that is perpetually connected to its history and the world, by the sea.
The 1994 National Marine Policy and Related Policies
The 1994 National Marine Policy (1994 NMP) codifies the guiding principles of the Philippine government and its agencies in the development of coastal and marine resources. The development of the 1994 NMP arose out of the demands of a growing population and its subsequent pressure on resources, the need for poverty alleviation through investment in marine fisheries, ocean energy, and other related sectors, and, finally, the need to delineate the nation’s territory in compliance with the United Nations Convention on the Law of the Sea (UNCLOS). This integrated strategy aims to account for and situate our long-term interests
2 Public Policy Introduction
in our coastal and marine areas as well as international ocean affairs, reflecting the government’s vision for the nation as a truly archipelagic state.1 The 1994 NMP contains four policy areas: (1) Politics and Jurisdiction, (2) Area Development and Conservation, (3) Maritime Security, and (4) Area Regulation and Enforcement. These policy areas served as foundations for the guiding principles of the policy. President Ferdinand Marcos signed EO No. 738 in 1981, establishing the Cabinet Committee on the Treaty on the Law of the Sea (CABCOM-LOS).2 The then Ministry of Foreign Affairs became the coordinating agency in all matters related to the implementation of the treaty. The Secretariat of the Committee under the Ministry of Foreign Affairs was delegated as the supportive and administrative body which is responsible for the preparation of short-, medium-, and long-term plans for the development, conservation, and protection of the 200-mile exclusive economic zone (EEZ). The Secretariat was also tasked to prepare the groundwork for negotiations with other countries with which the Philippines had overlapping of boundaries, agreements on fishing, energy, and minerals. The committee underwent a series of reorganizations following the transition of government from the Marcos regime. In 1994 the CABCOM-LOS was renamed to become the Cabinet Committee on Maritime and Ocean Affairs (CABCOM- MOA), and its mandate was expanded. CABCOM-MOA was responsible for the formulation of the National Marine Policy of the Philippines. In 2001 CABCOM-MOA was abolished and its functions were transferred to the Maritime and Ocean Affairs Center, an attached agency of the DFA. In 2011 President Aquino issued EO No. 57 establishing the National Coast Watch System (NCWS) as the inter-agency body that serves as a coordinating body in charge of providing strategic direction of the country’s maritime affairs.
Objectives of the Current Review
As technology advanced and has become increasingly digitized, and administrations came and went, so did the memory of the 1994 NMP. While programs and projects have been implemented to pursue the nation’s marine and coastal interests, the 1994 NMP has been near irrelevant. Thus, this review of the 1994 NMP assesses whether the 1994 NMP was realized. An initial survey with government agencies, academics, and instrumentalities result in a consistent response: “What is the National Marine Policy?” This document hopes to revive the words of the 1994 NMP, take the valuable information into the spotlight, and help ensure a sustainable, inclusive
1 See Appendix 5: Comparison and categorization of different marine/ocean policies to the 1994 NMP. 2 See Appendix 1: A Brief History of the NCWC.
Volume XV 3 Co et al.
development of the Philippines, both land and sea. This review is guided by the following objectives:
1. To develop a framework that is responsive to the development and strategic goals of the country’s marine policy 2. To realize and demonstrate the commitment to international agreements and treaties, exemplifying the Philippines’ commitment to the international community in marine issues 3. To assess the current accomplishments, gaps, issues, challenges, and opportunities in ocean governance, resource management, and the protection of the country’s territorial integrity 4. To generate evidence-based data and information through field research and an extensive review of existing documents and literature 5. To harmonize scientific data with local knowledge and realities from the community level 6. To provide a sound strategic analysis and direction to the policy grounded on marine science, law, fisheries, politics and foreign policy, economics, governance, and engineering
While criticism of the implementation of the 1994 NMP is warranted, the independent efforts and programs of the various government agencies and local government units in implementing the policy are also recognized in the review.
Literature Review
The Philippines as an archipelago
The archipelagic nature of the Philippines embeds almost all elements of the nation in marine policy, as reiterated by Jay Batongbacal (2000, 37). Thus, strategic points for the country’s marine and maritime governance must be developed (see figure 1).
The current difficulty in reformulating the Philippines’ marine policy is due to the fact that the archipelagic configuration of the country makes such a policy extend to practically all aspects of the nation. The range of sectoral policies and interests that need to be reconciled and integrated into the revised policy is daunting on account of the complex interrelationships among them.
4 Public Policy Introduction
Figure 1. South-East Asian map placing the Philippines within a regional context, politics, and jurisdiction (Source: Google Maps)
The majority of the discussions about politics and jurisdiction in the context of marine and ocean governance lies in the various legislative and executive issuances which Batongbacal describes as “fragmented and uncoordinated” in an essay entitled “Reformulating the National Marine Policy” in which he states:
The policy declarations of the NMP are too few, broad, peripheral, and nebulous to provide any effective guidance to government agencies, and completely ignores the high probability of conflict and inconsistency between the sectors that use the marine environment. The CABCOM-MOA itself, under the chairmanship of the Department of Foreign Affairs, concentrates on responses to international incidents, rather than turning to an agenda for policy coordination, management and archipelagic development. (n.d.)
The 2005 study by Michael Lyndon Garcia on the implementation of the 1994 NMP suggests that domestic policies need to be consistent with the international legal regime for ocean management, citing the inconsistencies of the Philippine claims on territorial seas. These inconsistencies are drawn from the territorial sea limits defined by rectangular boundaries extrapolated from the Treaty of Paris (1898) and related treaties, all of which are drawn from the United States’ former ownership of the nation. Maintaining the Treaty of Paris’ limits as
Volume XV 5 Co et al.
territorial boundaries, rather than simply geographical references of the area, implies that the boundaries assume jurisdictional claim (Garcia 2005). The Philippines is involved in territorial disputes: the claims on Panatag (Scarborough) Shoal, 220 kilometers west of Zambales in Luzon; parts of the Kalayaan Island Group (Spratlys) in the West Philippine Sea; and Sabah (Borneo). These maritime claims are not only a spatial issue, they extend to economic and security concerns as well. The necessity to maintain and preserve the national security of the Philippines is due to the perception of a threat to the survival of the nation. This links to economics in relation to the dependence of the Philippines on marine resources for employment, income, and food. To further understand the complexity of territorial claims, according to Garcia (2005), the best interest of the Philippines would be to work towards compliance with the Law of the Sea Committee (LOSC) to enhance the legitimacy of its boundaries and rights over marine territorial space and claims as the international law (currently UNCLOS, which overwrote the Treaty of Paris) to ensure optimal utilization of resources, and for clear and effective exercise of enforcement powers. The ASEAN Community, of which the Philippines is a member, has three pillars: political-security community, economic community, and socio-cultural community. In an interview with Aileen Baviera on April 20, 2015, she emphasized the critical role of enhancing diplomacy in precluding any armed conflict as security and diplomacy are closely linked. This is essential to the protection and promotion of Philippine sovereignty and territorial integrity, which can be done by upholding international law, supporting the fisheries industry, and supporting the energy sector in sustainable resource use. Baviera added that increasing the strength and capabilities of the armed forces allows for more efficient resolution of many issues the Philippines is currently facing, including territory, illegal fishing, monitoring foreign presence, human trafficking, poaching, piracy, terrorism, state conflict, vessel collisions, and impacts from natural disasters. Kraft et al. (2015) also stress the need to develop the country’s military capability as the Philippines (citing the Scarborough shoal dispute in 2012) displayed itself to be reactionary rather than precautionary, which is contrary to what the 1994 NMP advocates. A critical gap in literature covers information regarding shipping in the Philippines, as over 60 percent of all international shipping passes through the country’s EEZ (Kraft et al. 2015). One study, however, focuses on the culture of shipbuilding in the country. According to Lim (2016), up until the 1980s boats built by the workers of Bajau/Samal, Boholano, Tausug, Muslims, and Christians in Mindanao were exported to Borneo, Sulawesi, Sabah, and Singapore. However, this eventually waned due to rapid deforestation that started during the late 19th century. The decimation of Philippine forests was the main reason for the decrease in supply of raw materials for boat building, such as hardwoods, rattan, bamboo, mangrove, guttapercha, and other kinds of wood.
6 Public Policy Introduction
Transnational crime is another challenge. According to Palma (2010, 6), illegal activities like “the trade of illicit drugs, and illegal trafficking of arms and people,” coupled with concerns such as “territorial and jurisdictional boundaries, kidnapping of Filipino seafarers in the Gulf of Aden as well as maritime accidents and disasters” can be traced to poverty, improper implementation of laws and regulations, and corruption. Palma (2010) noted that there is inter-agency cooperation to address illegal activities, such as those she has mentioned on both land and sea. This includes extensive cooperation with international organizations and other nations within the region. Palma stated that some of the issues that the Philippines will have to consider in the future include trafficking of human organs, controlling access to genetic resources, upholding the rights of fish workers, and the implementation of relevant international agreements, as well as the possibility of the setting up a regional Long Range Identification and Tracking (LRIT) Center.
Approaches to Marine Resource Management
Integrated coastal zone management refers to the strategy of an integrated approach to planning in the management of the coastal zone in which all policies, sectors, and, to the highest possible extent, individual interests are properly taken into account with proper consideration given to the full range of temporal and spatial scales involving all coastal stakeholders in a participative way (Hassanali 2014). Under EO 533, Series of 2006, the Philippines has made integrated coastal management (ICM) a policy for all development and conservation activities on its coastal areas as a “strategy to ensure the sustainable development of the country’s coastal and marine environment and resources, and establishing supporting mechanisms for its implementation.” To an extent, the ICM serves as the framework for all laws and regulation concerning marine and coastal environment. However, even with the implementation of EO 533, environmental degradation persisted and conflicts among stakeholders in the coastal ecosystem ensued. A Stockholm Environmental Institute Working Paper in 2010 outlines the ICM paradigm, suggesting it embodies an assumption of the existence of an ideal equilibrium state of coastal ecosystems, but this is a top-down perspective and the reality of the diversity in stakeholder perspectives and agendas must be considered. If these higher agencies implement any ICM regimes without significant stakeholder buy- in, they will lead to failures and be assumed to only have interest in the local resources for exploitation (Larsen, Acebes, and Belen. 2010). In the recent years the ecosystem paradigm has emerged as one of the most dominant approaches to managing natural resources to address separate governance regimes in various aspects and sectors of the environment. The shift
Volume XV 7 Co et al.
away from individual resource management to a systems approach is reflected in the actions of a number of states throughout the world, and in the work of international organizations such as the Food and Agriculture Organization and the United Nations Environment Program (United Nations Environment Programme 2006). A study of the Palawan State University in 2013 funded by United States Agency for International Development (USAID) showed the prospects, opportunities, and gaps of the national laws and legislations in the country in relation to the ecosystem approach to fisheries management. The study found that while there is no specific ecosystem approach to fisheries management law or legislation, there have been efforts in the form of policies and programs to promote this type of management. Among the issues found were the conflicting thrusts and priorities between the 1998 Fisheries Code, 1997 Agriculture and Fisheries Modernization Act, as well as between the Fisheries Code and a number of local ordinances. According to the study, the policy of the government, expressed by Department of Agriculture-Bureau of Fisheries and Aquatic Resources (DA- BFAR), is primarily focused on production-oriented fisheries management (Palawan State University 2013) The study also found overlapping mandates of various institutions involved in fisheries management, stating a need for ecosystem approach to fisheries management (EAFM) to work within a more streamlined institutional arrangement, as the range of laws related to fisheries management has led to overlapping mandates of different bodies. Environmental protection is largely focused on coral reefs and mangroves, with fisheries included. What is critically lacking is a scope on sustainable coastal energy sources. Currently, as shown in Kraft et al.’s study (2015),the Philippines relies heavily on one natural gas producer (Malampaya Sound) to power over 40 percent of Luzon. This site’s natural gas is set to be depleted in 2021 without an alternative site recognized or established. While there is ideal opportunity, space, and technology for sustainable energy in the Philippines (wind farms, solar energy, wave power, hydroelectricity, etc.), unless action is taken speedily to implement these on a wider scale, a secondary gas source needs to be found to ensure the availability of power to the bulk of the nation (Guzman 2015).
Markets and Trade
Among the major areas in which regulation and enforcement remains a challenge in the marine sector is the fisheries and fish trade. A study by Pomeroy (2008) looked into the case of Palawan’s Live Reef Fish Ordinance of 2005 and how it might be useful for other parts of the country. According to the study, the Palawan Live Reef Fish Ordinance of 2005 is relevant to the Live Reef Food Fish (LRFF) trade since coastal provinces like Tawi-Tawi supply a large percentage of the LRFF trade in the country. This study was also useful in the revision of the
8 Public Policy Introduction
1998 Philippine Fisheries Code, specifically Section 61, which focused on live fish (Pomeroy et al. 2008). This study on Palawan is one of the many examples of how the academe was able to influence policy making from a local situation to a national scope, specifically in the issues of fish trade. Another trade-related issue is the cross-border maritime trade which has impact on the environment and economic as well as political sectors from the national to the local level.
“[A]ny policy reform will need to be implemented and enforced at the local level, and if local communities are more concerned about their healthcare or lack of economic access than the state of fisheries resources, they are unlikely to support a proposition that would strengthen regulation of cross-border trading. In a situation where governance is relatively weak or non-existent across a range of sectors that are fundamental to human wellbeing, it is unlikely that governance on what are perceived to be problems that are far less important to the community will be implemented. In a similar manner, policy that seeks to promote macroeconomic growth through increased levels of trade in cross- border regions is unlikely to realize prosperity for all at the local level.” (Fabinyi et al. 2014, 727)
Further, Fabinyi et al. (2014) suggest that perspectives focusing on livelihood and vulnerability need to be considered more seriously in policy discussions about economic development and environmental governance, especially in borderland areas. While better environmental and macroeconomic governance may be the desired outcomes often, social-development perspectives need to be prioritized within policy and governance, especially focusing on highly vulnerable communities.
Ocean governance in the high seas
While UNCLOS presents a framework for oceans governance, it does not address specific high seas planning issues comprehensively. While the duty of cooperation is the main premise to which UNCLOS is working, it did not build a mechanism to coordinate and discuss implementation issues or even promote compliance. But it allows for implementing agreements at both global and regional levels to address these issues, such as the UN Fish Stocks Agreement in 1995. Yet, many high seas fisheries are either not covered by this agreement or occur in areas not yet regulated by Regional Fisheries Management Organizations. Andron and his colleagues (2008) wrote that two high sea activities that must be considered alongside fishing are shipping and waste dumping as they are regulated at the global level, but have limitations as serious gaps in authority
Volume XV 9 Co et al.
exist. Unregulated high sea fisheries, notably shark and tuna fisheries, bio- prospecting, marine research, and military activities were specifically mentioned. Specific provisions agreed at the global level relating to conservation and sustainable use of biodiversity, strategic environmental assessment, cumulative impact assessment, marine protected areas (MPAs), water quality protection (from activities other than shipping or dumping), and noise pollution are needed for the high seas. Carbon dioxide sequestering in the marine environment is alarmingly unregulated, yet seen in remarkable levels as well. Benavente-Villena and Pido (2004, 15) have also weighed in on poaching:
First, the potential revenues earned from poaching in Philippine national waters far outweigh the constant threat of apprehension. Second, this situation also reflects the weaknesses in the prosecution of cases that has emboldened the poachers to continuously violate national integrity. The extent of poaching… necessitates that this issue be given more emphasis. The entry of foreign fishing vessels has led to the destruction of coral reefs and associated marine habitats. The dollar equivalent of illegally harvested fishery resources needs to be assessed accurately. There is also a need to look into poaching as both enforcement and prosecution issues.
Laws on Philippine waters are not often recognized by foreigners, especially those with outstanding territorial claims over several locations at sea. Either they lack the knowledge on these laws or enforcement is weak. Poaching and continuous foreign intrusion are manifestations of such ills. Water transport utilities and other maritime enterprises in the Philippines are under the jurisdiction of the Maritime Industry Authority (MARINA).3 Several studies over the years have noted the different challenges and issues in regulating the maritime transport sector in the Philippines.
Development and Conservation in the Marine Environment
The application of sustainable development as an overarching framework is most appropriate. This is not only because of the definition of the sustainable development [“Development that meets the needs of the present without compromising the ability of future generations to meet their own needs,” (World Bank 2001)], but also because of the global shift towards this school of thought. This is most clearly seen with the amendment of the UN’s “Millennium Development Goals” into “Sustainable Development Goals” (SDG). Moreover, this showcases the global trends and allows the Philippines to support the policy suggestions within an international arena. The new sustainable goals, alongside
3 Laws on MARINA’s mandates: Presidential Decree 474, Executive Order 546, Executive Order 1011, Republic Act 9295, Executive Order 75, and Republic Act 10635
10 Public Policy Introduction
the revised NMP, are both plans for action for humanity, the environment, and for prosperity to perpetuity. While this document hopes to serve sustainable development for over 30 years, continual reviews of the policy and global developments need to take place to ensure that the policy does not fall by the wayside, like its predecessor in 1994. By implementing best practice management and utilizing the best possible data and information available, the revised policy plan can remain relevant, and may be altered to ensure that full protection is still offered in the future. The Philippine marine environment is characterized by a series of ironies, according to Naz (2013). At least 62 percent of the Philippine population resides in coastal areas and more than 50 percent of animal protein consumed by Filipinos is marine; however, fisheries productivity is declining because of overfishing and poor enforcement of laws. There are over 27,000 square kilometers of coral reefs, but only less than 5 percent is rated as being in good shape. The major threats encroaching on Coral Reef Ecosystem (CRE) health include sedimentation from improper land use, erosion from sea level rise, destructive fishing practices, and conversion of coastal ecosystems to others (e.g. beach resorts and unsustainable mariculture). The Philippines has approximately 978 square kilometers of sea grass beds in 96 sites, the second highest level of sea grass diversity in the world. But in the last 50 years, 40 percent of sea grass areas have been depleted. Mangroves are lost primarily due to aquaculture, but rehabilitation and replanting are ongoing. In 2010 only 26 percent of mangroves remain. Mangroves serve as a barrier to storm-surges that are linked closely to climate change and sea level rise. Information and statistics on the environment are limited, so there is a critical need for data generation. Upon scrutinizing a number of studies and articles written about the marine sector in the Philippines, it is clear that the academe and mass media focus on conservation and coral reefs, especially MPAs, which shows the importance of these environments and can help demonstrate the importance to take the academic outlook and include it in policy through the sustainable development framework. MPAs help solve and abate the anthropogenic and climatic problems facing fisheries and marine ecosystems, such as overfishing, destructive fishing, runoff, poor land use and increased sedimentation from deforestation, and unregulated mining activities. Community-based MPAs, paired with integrated coastal management practices, are also seen as possible options in managing marine sanctuaries and marine wildlife reserves (Christie, White, and Deguit 2002). MPA networks are the favorable option, allowing a cooperative approach to nationwide conservation (Kraft et al. 2015; Baviera 2015; Wedding et al. 2013). The implementation of MPA networks will inevitably provide a buffer against current and future threats to the environment, and should be designed to mitigate any other perceived threats. Furthermore, the establishment of MPA networks may reduce uncertainty about future restrictions in future land/sea
Volume XV 11 Co et al.
use, protecting existing claims. This integrated and collaborative approach has global implications for conservation in areas beyond national jurisdiction or other complex ocean zones. Philippine seas have long been suffering from different types of wastes and pollution: domestic sewage, solid waste such as plastic, industrial discharge, urban and industrial run-offs, shipping accidents, oil spills, explosions, sea dumping operations, mining and agricultural run-offs, pesticides, waste heat sources, as well as radioactive discharge. Greenpeace (2013) has reported serious waste problems and toxic, oil, and coal spills in the country. For instance, 1,800 tons of plastic trash was collected in Manila Bay in 2012. Moreover, toxic mine spills like Marcopper in Marinduque and Rapu-Rapu, the oil spill in Guimaras, and the coal spill off the coast of Pangasinan have gravely devastated important bodies of water and adversely affected the health, livelihood, and environment of nearby communities. In 2015 the Philippines was dubbed the third country with most number of ocean plastic pollution, next to China and Indonesia. Every year about 8 million metric tons of plastic reaches the ocean globally (Dunham 2015). As mentioned above, this review uses a ridge-to-reef approach and, therefore, all land-based activities that directly impact the marine environment should be taken into consideration. According to DA-BFAR (Greenpeace 2013), 10 out of the 13 major fishing grounds in the country are already overfished. In 2011 the country implemented a fishing ban for sardines, the second most important commercial species after tuna. Also, while commercial fishing operations are banned within the 15 meter limits of municipal waters, commercial vessels are seen lurking within these limits, deploying highly destructive fishing methods and leaving little for local fishermen. Illegal fishing practices, such as muro-ami, dynamite fishing, and extensive commercial fishing within municipal waters, are still rampant, especially those that devastate fish stocks, such as the use of trawlers and fishnets with less than two centimeter holes, and payao4 (Ranada 2014). The Ramsar Convention includes coastal and marine wetlands such as coastal lagoons, coral reefs, estuaries, mangroves, sea grass beds, tidal flats, and other coastal bodies of water as fundamental areas for their economic, ecological, cultural, and scientific significance. Among the considered “wetlands of international importance” in the country are the Agusan Marsh Wildlife Sanctuary, Olango Island Wildlife Sanctuary, and the Tubbataha Reefs Natural Park.
4 A fish aggregating device that uses bright lights to attract big populations of fish
12 Public Policy Introduction
Maritime transport
As an archipelago, maritime transport is critical to the Philippines’ integrated and coordinated transport network. The continuous capacity expansion of Philippine seaports and sea links has always been a development thrust of the country. The Asian Development Bank studied the Philippine transport sector and gave the following comments:
Despite growth in both the economy and the population, passenger traffic on domestic inter-island shipping services fell by about 13 percent between 2003 and 2008. Freight traffic on inter-island shipping services has not grown in line with the economy and now stands at about the same volume as in the mid- 1990s. (2012, 2)
The study noted the significant development of roll-on roll-off ferry services (ro-ro) which intended to interconnect the islands of the country. This system reduced the sea transport cost by eliminating cargo-handling labor and equipment. It also mentioned that maritime transport in the country is marred by several issues. Poor port facilities for roll-on roll-off vessels, fragmented management of the roll-on roll-off sector, and the privatization of maritime transport sector were among the challenges mentioned. Inter-island shipping has a poor reputation for safety with an average of 160 maritime accidents yearly due to human error, natural causes, lack of vessel traffic management, lack of navigational aids, and poor ship maintenance (Asian Development Bank 2012). But the ADB report (2012) also mentioned opportunities for development, like the country’s nautical highways model, that can provide connections among the subregions suitable for trade and other economic activities.
Climate Change
According to the United Nations Framework Convention on Climate Change (1994), climate change refers to “a change of climate which is attributed directly or indirectly to human activity that alters the composition of the global atmosphere and which is in addition to natural climate variability observed over comparable time periods.” In this sense, climate change differentiates the climate variability attributable to natural causes, and changes in climate attributable to human activities. The Philippines, recognized in a number of studies as one of the most vulnerable countries to the impact of climate change, acknowledges the implication of this vulnerability in almost all types of activities. Therefore, this review also takes into consideration ways to address human-induced climate
Volume XV 13 Co et al.
change, and to make the country resilient and adaptable to the risks posed by climate change. As the threat of climate change looms over the country, it is difficult to discount its effects on Philippine marine resources. Ranada (2015b) suggests that there is a higher concern for climate change than there are for territorial disputes with China. The Philippines ranks sixth in the world for concern of the destructive impacts of climate change—as is it one of the most exposed to threats of a disrupted climate. This awareness is not reflected in the 1994 NMP. With a growing population and high level of poverty, much of the Philippines population is at high risk with increasing disasters and irregular weather patterns linked to climate change. Among the expected impacts of climate change on Philippine marine resources is the warming of oceans, which could lead to coral bleaching and eventual death of various species of marine flora and fauna. As per Reaser, Pomerance, and Thomas (2000, 1500),
The geographic extent, frequency, and regional severity of mass bleaching events are a result of increasing baseline ocean temperatures. These events will impact on those reliant on coastal resources. The suggestion provided to increase the monitoring or coral reef ecosystems, more research on projected and realized effects of climate change and measures to prevent greenhouse gas emissions. Even the best marine protected area is at risk of bleaching.
Further, the settlements in coastal areas are also at high-risk of natural disasters, even if these areas are the ones with rapidly growing populations. “This low area is approximately 2 percent land cover but 10 percent of world’s population. Reducing the risk of disasters related to climate change in coastal settlements will require a combination of mitigation, migration and settlement modification,” wrote McGranahan, Balk, and Anderson (2007, 17).
Review of National Policies5
There are existing national laws that clearly define the country’s objectives to enhance the development, protection, and conservation of marine resources, protect the rights of fisher folk, and engage the communities in fisheries resources management. The Philippines Fisheries Code (RA 8550) is one of these laws.
Other national laws include the Toxic Substances and Hazardous and Nuclear Wastes Control Act of 1990 (RA 6969), which points to area protection and conservation of marine resources, the National Pollution Decree of 1976 (PD 984),
5 See Appendix 8 for a more detailed discussion of coastal laws and policies and their provisions.
14 Public Policy Introduction
the Water Code of the Philippines (PD 1067), and the Philippine Environment Code (PD 705). The Environmental Impact Statement System law (PD 1586) mandates the establishment of an environmental impact statement system and other environmental management related measures to avoid endangering the environment, including marine resources. Similarly regulatory in nature and intent, the Marine Pollution Law (PD 979) is a policy that emphasizes and supports regulatory measures on marine waste management. The Mining Act (RA 7942) essentially regulates the management of mineral resources on land, but it is also meaningful to marine resource protection and management especially because the resource utilization on land inevitably affects water resources. A common example is when mine tailings run off into the ocean, affecting water quality and endangering marine life. As some of the national policies share common objectives to promote development and to protect resources, including marine, a review of these laws and presidential decrees is in order mainly to identify the state of implementation of these laws, to identify the gaps in the implementation, and to polish the points of convergence and coherence of these policies. The Local Government Code of 1991 (RA 7160) lays down and devolves the authority, powers, and responsibilities of governance and revenue generation to provinces, cities, and municipalities. These devolved functions include coastal resource management, solid waste management, and pollution control. While the operation of these responsibilities is local, the thematic concern of protecting the coastal environment and all resources is shared with the national intent of many of our coastal laws and enforcement. Through a scoping workshop6 conducted among government agencies in July 2015, this study identified a common observation on the involvement of multiple agencies in the implementation of policies. For example, in the Philippine Fisheries Code, the following units are authorized to carry out the policy: the Philippine National Police (PNP), PNP-Maritime Group (PNP-MG), Philippine Coast Guard, the Bureau of Fisheries and Aquatic Resources (BFAR), and other national government agencies. However, it was noted that there is little coordination and complementation of their functions, and much is desired in terms of clarifying the appropriate procedures to enforce the policy. In fact, according to the participants in the workshop, the number of personnel and other material resources, including communication equipment and vessels among others, impede effective enforcement of the policy.
6 See Appendix 2 for a more detailed discussion on the Scoping Workshop conducted May 11, 2015.
Volume XV 15 Co et al.
The concerned agencies in the scoping workshop recognize that a country such as the Philippines, which has porous borders, is vulnerable to the flow (entry and exit) of forces that threaten the security of our marine resources and the territory. The natural resources of the marine environment are threatened, as well as human resources, through trafficking and the smuggling of other goods. Under such condition, the technology, equipment, timely flow of information, and capability of our units and personnel are crucial. These must be sufficient, functional, and up-to-date to achieve responsive performance. A revisit of these national laws and presidential decrees are in order precisely to determine the following:
1. Whether these national laws are upheld by and are consistent with local laws and ordinances. This is to determine whether there are laws that were passed without proper recognition and understanding of the existence and provisions of the national laws and policies. 2. Availability of information and that it is disseminated not only among local policymakers but also among the communities and other stakeholders so that all can engage in the policy implementation. 3. Convergence and consistency of land-based laws with marine and coast- related laws. There are laws applicable to and enforced on land that bear upon policies related to marine and coastal resources. 4. Some areas observe that a blanket law, such as the National Integrated Protected Areas System Act of 1992 (RA 7586) which defines the national protected areas, deserve to be reviewed in terms of: 1) the functionality of the law, and 2) its standard or uniform application in areas of the Philippines that have specific characteristics that determine their development and growth. 5. The MPA, which falls under the Department of Environment and Natural Resources (DENR), intersects with local planning and its enforcement should reasonably reckon with development and regulation specific to an area.
Overall, there is a challenge to monitor and evaluate (M&E) our national laws and policies, local ordinances, and other policies and how these are enforced. The M&E should be able to identify also the gaps, and how improvements could be made, either by enhanced implementation or by legislative action and measures.
Comparative review of international marine and ocean policies
To ensure a compete assessment of resources, this review utilized information from the Coral Triangle Initiative (CTI) paper on the Philippines along with the Archipelagic Development (ArcDev) proposed policy, and noted the national
16 Public Policy Introduction
marine policies of China, Australia, Indonesia, Malaysia, and America in order to formulate a template for the context of the revised marine policy of the Philippines. When looking at the above listed policy documents, it is important to consider the context, especially in this comparative analysis, as the study is placing different settings onto the Philippines. This is a critical consideration in keeping the four pillars but transforming their reach to match global best practices while retaining subject-based considerations. This is presented in Appendix 5 in tabular form. This assessment shows the 1994 NMP to have been an adequate framework to base this current review on, as most of the aforementioned documents used the problem-solving approach which is visible within the 1994 NMP. This was kept and expanded in the framework below. The assessment of the different policies also reinforces the continued use of the four pillars, alongside framing the issues within the overall input framework outlined below. While the titles and some divisions of topics vary, it is clear that the cross- cutting themes of the policies work within the broad categories of the 1994 NMP. However, the recommendation from the UP Center for Integrative and Development Studies (UPCIDS) to use a problem-solving framework—a practical way to present the NMP in terms of progression from 1994 to the present, and continuing this trajectory into the future with proper guidelines and solutions— does not appear in the analysis. This model can be seen within the Australian AIMS study which is presented under two headings: “national challenges” and “responding to national challenges.” China’s policy is also presented in this format, looking at current status and opportunities and major problems, and connecting to a 2050 roadmap. While a study on archipelagic development also presents this framework with proposed mechanisms for implementation, it was not institutionalized. This problem-solving model allows for the policy revision to have a reflective nature while using the lessons learned to be the basis and justification for the current review and future roadmap. Another decisive inclusion that can be taken from the abovementioned policies is marking dates within the policy for a review and including an “expiry date” on the policy. This is critical as it earmarks when the government review should take place, keeping a check on the policy and its relevance.
NMP Review Framework
The four policy areas stated in the 1994 NMP are adapted to serve as the framework for the review. These four pillars have been devised to include all aspects of any national policy and the specifics of the marine ecosystem. The four review pillars are (1) politics and jurisdiction, (2) marine security, (3) area regulation and enforcement, and (4) area development and conservation. It
Volume XV 17 Co et al.
should be noted that the 1994 NMP uses the term “maritime” instead of “marine” for one of the policy areas on security. But for the purposes of this study, the review pillar shall be called “marine security” for consistency. This review includes a section on crosscutting issues and topics, specifically addressing climate change. Climate change is a prevailing variable that encompasses all the policy areas of the 1994 NMP. These pillars are encompassed within the definition of human security by the UN Commission on Human Security (United Nations, Human Security Unit 2003, 4):
Human security means protecting fundamental freedoms—freedoms that are the essence of life. It means protecting people from critical (severe) and pervasive (widespread) threats and situations. It means using process that build on people’s strengths and aspirations. It means creating political, social, environmental, economic, military, and cultural systems that together give people the building blocks of survival, livelihood, and dignity.
Based on the literature review and the current status of the NMP, the parallel contexts now present two interrelated and tautological problems. One is that in order to determine whether current and active laws, programs, and policies are in sync with social realities, the policy framework surrounding them must first be assessed. The other is that in order to assess the policy framework, the implementation and outputs must be evaluated. And here, again, the question springs up: To what extent has the provisions of the national marine policy framework, as expressed in the policy, laws, and other rules, been implemented, and what success has been achieved? For the benefit of this review, it is important to assure that six overarching inputs are taken into account in each pillar, namely: resources; enabling policies; interoperability; competency requirement; knowledge, learning, and education; and leadership. These were chosen on the basis of expert input and research themes. These inputs are necessary for the revised National Marine Policy to achieve inclusive growth and, eventually, sustainable development. This review also acknowledges that climate and disaster risk resilience is a crucial factor that influences the policies and outcomes of a marine policy and its implementation. By framing each review pillar within these inputs, this paper hopes to tie the national issues into a developmental paradigm in order to achieve overall growth for the nation.
18 Public Policy Introduction The National Marine Policy Framework, 2015 The National Marine Policy
Figure 2.
Volume XV 19 Co et al.
Politics and Jurisdiction
Jurisdictional concerns in the maritime domain are of two types. One is territorial or geographic jurisdiction, and the other is operational jurisdiction. The operational jurisdiction shall be covered by the section on regulation and enforcement. Territorial jurisdictional concerns exist at both the international and national levels. At the international level, territorial jurisdictional concerns involve sovereign nations with conflicting territorial claims, including overlapping extended continental shelf and exclusive economic zones. At the national level, jurisdictional concerns exist at the provincial, city/municipal, and barangay levels. Jurisdictional concerns, based on geography and territory, begin with clear delineation of marine territory among states, at the international level, and among LGUs, at the national level. The goal of having a clearly defined marine territory is to have a clear determination of rights over the use and utilization of marine domain and resources, and the determination of responsibilities for the development of marine domain and the protection and conservation of marine resources. The objectives of having clear territorial jurisdictions are peace and harmony and conflict avoidance. Conflict avoidance may be achieved using policies that engender communication, cooperation, coordination, collaboration, and complementation. In cases of jurisdictional conflicts, negotiations, arbitration, and adjudications are policy tools that may be utilized to restore peace and harmony.
Marine Regulation and Enforcement
Regulation and enforcement involves operational jurisdictional concerns. Operational jurisdictional concerns exist between national government and LGU, and between or among national government agencies. People’s organizations and NGOs also play key roles in regulation and enforcement of marine laws. The key to effective and efficient regulation and enforcement is to have clear delineation of mandate and functions between national government and LGUs, and between or among national government agencies, and the active engagement of citizens, communities and groups in regulation and enforcement. Between and among agencies, there must be clear delineation of duties and responsibilities, and active participation in policies based on agency mandates or authority and based on agency specialization or institutional competence.7
7 These two aspects of operational jurisdiction are closely related and mutually reinforcing. Agency specialization should come from or developed out of the agency’s legal mandate.
20 Public Policy Introduction
Clear delineation of mandate and functions means that mandates and functions must be reviewed to identify gaps, overlaps, areas of convergence, and partnerships. The goal is to facilitate cooperation and complementation towards achieving synergy and interoperability, as these lead to effectiveness and efficiency. The assignment of functions and designation of roles must follow authority, competence, cooperation, and partnerships (ACCP). Designation of roles must be based on authority of the agency based on the mandate given to it by the law which created it. Institutional competence must be considered in the assignment of functions related to enforcement and regulation. When mission areas overlap, cooperation must be perused by the agencies involved. When agency mandates and functions compliment, partnership must be forged between agencies. Regulation on the use of marine domain and on the utilization of marine resources must consider both enforcement and oversight. Enforcement involves the execution of rules, directives, guidelines, and parameters in the use of the marine domain and in the utilization of marine resources towards conservation, protection, and sustainability. Oversight, on the other hand, involves monitoring and evaluation of compliance to such rules, directives, guidelines, and parameters.
Marine Development and Conservation
Marine Development and Conservation is the broad and sustainable management of the marine space, the interactions between and among its uses. It balances the full utilization and development resources with the protection of marine resources. It aims to achieve social and economic gains for society without harm or threat to the ecosystem. Marine development and conservation adopts an ecosystem approach. This pillar safeguards the different marine ecosystems, and the status of coastal and marine biodiversity. It addresses and defines the limits concerning regulation and facilitates a marine integrated development management plan. It facilitates the development of alternative energy sources that are renewable and environment-friendly, while addressing energy supply and economic opportunities. While it facilitates the development of alternative livelihoods and industries, it ensures that such activities are responsible and moderated. It taps into marine resources to increase productivity, alleviate food security, and ascertain necessary points of intervention in order to correct deficiencies. Marine development also deals with investment in connectivity of various kinds – inter-island, international, land-water – as well as the promotion of tourism that is attuned to the environment. It also deals with investments in transport in a way that is dependable, integrated, secure, and efficient through a system-oriented approach.
Volume XV 21 Co et al.
Marine Security
Marine security involves ensuring the security of the country’s maritime assets and zones to protect the Philippines as a nation from all threats, external or internal. In a broader sense, marine security pertains to human security. Key to marine security is management, including the modernization of the armed forces of the country, investing in floating assets, and upgrading technology, including information and communication, to be responsive to the demands of efficient and effective communication of forces as well as citizens, and which is crucial to ensure marine protection and security. The management of marine security entails a human resource pool that is qualified, competent, and professional. It also involves a league of leaders who are fit to lead and manage the country’s marine assets and resources, including the safety of citizens. Marine leadership is expected no less to be benchmarked with the global standards of marine leadership. Continuing leadership education is important to the management of marine security. Constant monitoring and evaluation of security activities are imperative to the management of marine security. While the marine leadership is at the forefront of security, the role of the citizenry as a partner in the periodic monitoring and exchange of information is necessary. Marine security also defines the relationship through communication, collaboration, and if necessary, negotiation with neighboring countries on shared marine domain, resource, and stakes.
Definition of Terms
Marine development and conservation – Sustainable use of natural resources in a marine and coastal setting, reconciling the interests of economic progress and conservation to attain sustainable development. It includes factors that are crucial to enable or facilitate the development of a marine or coastal ecosystem, physical infrastructure, equipment, and facilities, as well as financial resources. Essentially, it entails the marriage of national development and progress framed within an ecological balance, creating a future for both marine industry and conservation of the ecosystems.
Marine regulation and enforcement – The realm of government agencies and units, their mandates, roles, guidelines, and practices, including their interoperability, as well as issues and concerns that affect the manner by which marine resources are governed and the manner by which various sectors or players affect each other’s interaction in the marine landscape. This pillar is very closely related to the governance realm of policy.
22 Public Policy Introduction
Climate change – “A change of climate which is attributed directly or indirectly to human activity that alters the composition of the global atmosphere and which is in addition to natural climate variability observed over comparable time periods” (United Nations Framework Convention on Climate Change 1994, 2). In this study, the focus is the human-induced climate change (anthropogenic).
Competency requirement – Qualifications, skills, or abilities an individual or an agency needs in order to do a job or task properly.
Enabling policies – Plans, rules, laws, or similar instruments and any high-level course of action that embraces, engenders, fosters, and re-enforces the general goals of a particular objective or strategy.
Inclusive growth – Growth that “creates jobs, draws the majority into the economic and social mainstream, and continuously reduces mass poverty” (National Economic and Development Authority 2011, 18).
Inputs – Factors and information needed to fulfill the strategies under each pillar of the National Marine Policy.
Interoperability – Process and state of relationship by which agencies, units, or sectors interact with each other around shared responsibilities to realize one or more marine policy objectives.
Knowledge – All education and information-related activities or programs with respect to marine and ocean affairs and environment.
Leadership – Top level unit or group of individuals, or individuals in an agency, institution, or organization and the ability to perform the activities based on targets or goals.
Marine – Anything relating to or found in the sea. This is the term used most commonly in the document to refer to ocean activities. This term was chosen over maritime as it was felt to be more inclusive of all ocean activities and objects.
Maritime – Subjects, topics, or activities connected with the sea, especially in relation to seaborne trade or naval matters.
Marine Security – State wherein the country’s marine assets (natural resources), marine practices, territorial integrity, coastal peace and order, and human security are ensured and protected, conserved, and enhanced from all threats, internal or external.
Volume XV 23 Co et al.
Pillars – The four core areas of marine and maritime governance in the Philippines as reflected in the National Marine Policy 1994 and which is also the framework adopted in this review. The four pillars are: Politics and Jurisdiction, Area Development and Conservation, Marine Security, and Area Regulation and Enforcement. While these core pillars originate from the 1994 NMP, a fifth crosscutting pillar was added. While not part of the original core, this pillar is equally important in its weighting for the overall policy outcomes.
Politics and Jurisdiction – The geopolitical realm of the policy. They refer mostly to the territorial claims, scope, and boundaries thus far defined, or claims laid on oceans, high seas, and marine resources as also defined by policies, laws, codes, treaties, or agreements.
Resources – All material, financial, and natural assets that exist or are needed to increase or enhance wealth, development, or goals.
Sustainable development – “Development that meets the needs of the present without compromising the ability of future generations to meet their own needs” (Our Common Future 1987 in World Bank 2001, 2).
Methodology
As an area of study, the 2015-16 review of the 1994 NMP poses a multitude of challenges. There is an inherent difficulty in reviewing a national policy for a country made up of more than 7,500 islands and over 100 million people, including indigenous groups within a realm of ever changing science, economics, politics, and society. While challenges are inevitable with any research, it is still a critical task to undertake. There is no singular expertise or discipline that can best be used in such a comprehensive study, and only an interdisciplinary approach and perspective can do justice to the review. Having recognized this, a pool of experts from diverse fields of study, such as marine science, law, public administration and governance, economics, engineering, foreign policy, and fisheries, was formed under UPCIDS. While a quantitative method may ensure a comprehensive and inclusive policy that reflects on-the-ground realities of the Philippine marine environment and economy within the current geopolitical context, the relatively short period of time for the study makes this endeavor challenging. The primary method used by this study is qualitative, and the perspective of the local population it involves is also considered. The strength of a qualitative study is its ability to provide in-depth descriptions of how people experience a given issue, in this case, the national marine issue.
24 Public Policy Introduction
This study focused on two key qualitative methodologies to ensure a comprehensive analysis of the information available: key informant interviews (KII) and focus group discussions (FGD). The FGDs and KIIs were conducted in Zambales, Cebu, Palawan, Davao, Batanes, and Zamboanga. The key informants were chosen through purposive sampling based on their areas of expertise and their familiarity with national and local concerns. Including a literature review surrounding the global and local marine paradigm, these methods ensure a rounded perspective of multi-level factors to shape the National Marine Strategic Action Plan. In both FGD and KII methods of data generation, ethical consideration is important. For example, an ethical guideline sheet and PowerPoint presentation were prepared. Participants were also fully aware of what their role included, and had no illusions of receiving payment of any kind. Participants were all informed that they could withdraw any information at any point in the study prior to publication. In some instances, such as in Batanes, the FGD gave the researchers the opportunity to see and experience activities related to local marine practices. These included visiting the boat shelters and well-maintained lighthouses, among other things that many other ports in the country could adopt. Data generated from all methods, namely, FGD, KII, practical observations, and all documents and literature accessed by the research team, were framed around the identified four pillars adopted by the review to form the bases for the insights and analysis in this study.
Key Informant Interviews (KII)8
Semi-structured and in-depth interviews with experts9 within the identified framework, as well as key stakeholders, were conducted. The researchers engaged with the interviewees by posing questions in a neutral manner, listening attentively to participants’ responses, and asking follow-up questions and probing based on those responses. They did not lead participants according to any preconceived notions, nor did they encourage participants to provide particular answers by expressing approval or disapproval of what they said. In- depth interviews were usually conducted face-to-face and were normally one- on-one, but a few were with additional participants. All KIIs were documented with notes as well as recordings, and summarized into tables. The analyses of these interviews were used in grouping crosscutting themes into narrative form within this paper. See Appendix 4 for the list of key informants who were interviewed.
8 For the complete list of key informants, refer to Appendix 4. 9 For the complete profile of the experts, see Appendix 7.
Volume XV 25 Co et al.
Focus Group Discussion (FGD)10
In this study, focus group discussions allowed for a reflective sample. Utilizing voluntary participation within coastal areas across the country allowed diverse sectors of society to participate. The study conducted ten FGDs held in the following areas: Subic, Zambales, Cebu, Palawan, Davao, Zamboanga, and Batanes. These areas are along the strategic points within the country’s six marine biogeographic regions. An average of 13 participants attended each three- to four-hour discussion session. In the FGD, a moderator led the discussion by asking participants to respond to open-ended questions which required an in-depth response rather than a single phrase or a simple “yes” or “no.” In the course of the discussion, one response affirmed, validated, or challenged another response, and turned the discussion into an engaging and incisive analysis on a given issue in NMP. A researcher documented the discussion by taking detailed notes. A principal advantage of FGDs is that they yield a large amount of information over a relatively short period of time. The FGDs were effective for accessing a broad range of views on a specific topic, as opposed to achieving a group consensus. In some cases, the FGDs were followed by a one-on-one interviews which allowed for further insights on topics. To ensure clear understanding and to keep the conversation on topic, the use of a PowerPoint presentation with the questions on screen was used (the questions are found in Appendix C). This gave everyone time to reflect on the questions and refer back to them time and again. In addition, the PowerPoint presentation was given in Filipino and English in conjunction to ensure nothing was lost in translation and there was freedom in the choice of language. Notes from the FGDs were then disseminated and key and recurring themes were extrapolated from the notes.
Scope and Limitations
The project covers a review of the National Marine Policy (NMP) 1994 and the formulation of the National Marine Strategic Action Plan.11 However, during a scoping workshop held in September 25, 2015, some of the representatives of the national government agencies were not fully aware of the existence of an NMP 1994, much less of its core content. This review focuses on the four pillars of the NMP 1994: Politics and Jurisdiction, Area Development and Conservation, Marine Security, and Area
10 For the complete details on the Focus Group Discussion, see Appendix 3. 11 In the Memorandum and Agreement signed between UP and NCWC, the project purpose states: “Review and Updating of the National Marine Policy of 1994 and Formulation of National Maritime Strategy.”
26 Public Policy Introduction
Regulation and Enforcement. This study finds the four pillars comprehensive and adequate to cover the core concerns in marine development, including the various dimensions of its governance. The four pillars enable a framework that is developmental in perspective and that brings in the marine science, economic, institutional, political, and human security dimensions to achieve a balanced and sustainable society. While the review examines and shows the links among these dimensions of marine governance, the study also recognizes the context of an environment that is challenged by climate change and the demands for a resilient society. In working out the broad strokes of a plan on marine policy, the study focuses on the key inputs or requirements that are necessary for an integrative and development-framed strategy. The plan identifies how the issues and concerns in each of the four pillars could be addressed and enhanced to achieve a sustainable society. The plan barely touches on its implications to relations with neighboring ASEAN countries around shared marine concerns. The plan does not recommend specific activities, nor does it suggest particular costs and detailed financial or technical requirements. Some general policies or policy directions are identified and suggested. This review only focuses on the Philippine marine environment in relation to the 1994 NMP. Therefore, it only covers issues, challenges, and strategies that directly fall under the aforementioned pillars of the policy.
Volume XV 27 National Marine Policy Review
In order to realize the needs for a policy reform, a reflective analysis of the 1994 National Marine Policy (NMP) must be completed. The review proper focuses on the state of things under the four pillars identified in the framework; namely Marine Development and Conservation, Marine Regulation and Enforcement, Marine Security, and Marine Politics and Jurisdiction. This review also captures the issues and gaps encountered around these four pillars, based on experts’ perspectives and diagnosis, with observations from the ground enunciated by various sectors, stakeholders and players in the community. The review recognizes the accomplishments around the four pillars and identifies the gaps and challenges the 1994 NMP encountered. This review reckons climate change as an influencing factor to marine policy and development.
Marine Politics and Jurisdiction
Accomplishments
Definition of the country’s territorial seas
Within the context of the 1994 NMP, the country’s territorial seas were defined by international treaty limits based on (1) 1898 Treaty of Paris, (2) 1900 Treaty of Washington, and (3) the 1930 Convention between the United States and the United Kingdom, as well as national laws, including Presidential Decree 1596 on the KIG and the Philippine claim to Sabah (RA No. 5446), as well as the UNCLOS. National Marine Policy Review
The 1994 NMP clearly defined the coverage of its politics and jurisdiction pillar based on two decision areas: (a) regime establishment policies and (b) maritime boundary negotiations policies. In defining the country’s territorial seas and archipelagic nature, the 1994 NMP mainly focused on the changes in the Philippine Constitution, the Treaty of Paris, the UNCLOS, and how these have influenced each other in defining the boundaries of the country. It provided a comprehensive review and analysis of the implications of these laws and treaties in dealing with territorial issues. In this light, the NMP provided a basic foundation for the legal basis of the country’s jurisdictional claims. In 2009 Republic Act No. 9522, the new Philippine Baselines Law, was enacted thirty years after the original baselines law was amended through Republic Act No. 5446. This was based on the framing of the UNCLOS, which allowed states to assert their sovereign rights over their territorial sea. Section 2 specifically includes a couple of disputed territories as regime of islands, namely the KIG as constituted under Presidential Decree No. 1596, and Bajo de Masinloc, also known as Scarborough Shoal. RA No. 9522, “An Act to Define the Baselines of the Territories of the Philippines,” provides the foundation for our national identity as an archipelago a unity of land and sea; in our future socio-economic legislation and direction; in our international relations and reputation; or in defending our rights and entitlements.
NMP within the context of the ASEAN and other international agreements
The Maritime Security and Political and Jurisdictional Policy Areas in the 1994 National Marine Policy have been written in the context of the current international agreements and the structure of the ASEAN at the time. The ASEAN Regional Forum was specified as the country’s “security buffer” at the time. Maritime boundary issues with the People’s Republic of China, Japan, Vietnam, Malaysia, and Palau were mentioned in the document.
Gaps and Challenges
Standing territorial disputes with neighboring countries
The NMP has established a comprehensive legal framework by discussing how the definition of our territorial seas has evolved. According to Prof. Aileen Baviera (interview 2016), the main reason for the insufficient implementation of the economic and security aspects of the 1994 NMP was the lack of progress on clarifying the country’s territorial limits and boundaries. This is why until now, territorial disputes remain as one of the most pressing concerns of the country.
Volume XV 29 Co et al.
The territorial disputes in the West Philippine Sea is one of the most critical national issues, wherein several ASEAN countries are involved—the Philippines, Vietnam, Malaysia, and Brunei—against China which claims that it owns the majority of WPS. The Sultanate of Sulu claim is also another pertinent territorial dispute the country has to settle with Malaysia. The ASEAN and China initially started discussing a Code of Conduct in 2002. But China has refused to proceed with the dialogs (Abbugao 2013). In so far as a single position for the ASEAN against China is concerned, the region has not completely agreed on a unified stance. While the ASEAN is taking actions toward unification, China is aggressively expanding in the WPS by reclaiming atolls and making islands. Massive island reclamation and Chinese takeover in the disputed region is being documented at Asia Maritime Transparency Initiative.1 The growing assertiveness of China is of particular concern for a National Marine Policy and Strategic Action Plan. Its “Island Chain Strategy” contributes to the uncertainty in the regional security environment, according to a white paper published by UP (Agustin et al. 2013). The recent developments in the WPS impact have led to or are creating a new status quo where China is establishing a dominant presence through regular patrols, navy and coast guard vessels, civilian law enforcement activities, commercial shipping, and fishery activities. Future development of and in the Philippine EEZ will now need to take into consideration this new status quo of a risen China, and its consequence of more serious geopolitical rivalry among the big powers. The WPS dispute goes beyond maritime security and territorial conflict toward terrorism and non-traditional piracy. Both implications pose threat to the stability of the ASEAN. Salvador (2015) emphasized that beyond rules formation, there is a need to establish the ASEAN Code of Conduct in dealing with China on the West Philippine Sea matter.
The need to update territorial boundaries among local government units
The ongoing efforts to clarify territorial boundaries between and among local government units in different parts of the country should be encouraged and the sooner the territorial boundary clarification and codification is done, the better for enforcement and regulation. The need for a more pragmatic, practical, interim measures. The NMP still leans towards the issue in identifying the physical boundaries of the country, and not on practical and pragmatic matters of economic resource management, maritime defense, and law enforcement. In coming up with a national marine strategy, it is also necessary to look beyond the legalities of politics and jurisdiction. Simply focusing on arbitration and legal technicalities creates a
1 Source: http://amti.csis.org/island-tracker/
30 Public Policy National Marine Policy Review
tendency to overlook wider impacts on defense and security, as well as resource management and development. According to Baviera (2015 interview), “there may have been excessive focus on legal questions rather than exploring pragmatic, practical, interim measures or a building block approach for strengthening jurisdiction and securing maritime interests,” in contrast to what other neighboring states are doing (e.g., active oil and gas exploration, build-up of overall maritime capabilities). The institutional arrangements for the 1994 NMP implementation characterized by the frequent and idiosyncratic reorganization of the offices responsible for maritime affairs within the Department of Foreign Affairs (DFA) and between DFA and Office of the President also contributed to the lack of implementation of the NMP, when DFA was placed at the helm, resulting in prioritization of foreign policy and diplomacy rather than national development and maritime security.
Marine Regulation and Enforcement
Accomplishments
Efforts towards inter-agency collaboration and convergence
Many of the agencies have established links on their own accord. One example of this is NAPC and BFAR who have a partnership targeted to reduce poverty. BFAR works with NAPC specifically on social preparation—mostly fish landing centers on village levels for municipal fisher folk—providing technical support development of community plans and proposals for how to manage resources. Another example is the coordination between DOST and NEDA on marine resource evaluation, monitoring, and productivity from an agricultural focus, while also placing importance on environmental concerns and education. In Palawan, law enforcement units and military detachments found a way to address “turfing” and overlap of mandates by assigning particular marine protected areas to different units. For example, the PNP-Maritime Group is assigned to manage one marine protected area, an NGO is assigned to help a local government unit (LGU) manage another, while the Philippine Navy is assigned to monitor another (FGD Palawan 2015). Palawan is a good example of an area that has synergy between the academe and other research institutions with government agencies (FGD Palawan 2015). Governed under RA No. 7621, the province has a Palawan Council for Sustainable Development (PCSD) which helps the provincial government in making sure that development does not get in the way of conservation and protection of the rich natural resources of the area. Local universities and Palawan-based NGOs work hand-in-hand with government agencies in producing studies and
Volume XV 31 Co et al.
data needed to have better policies in protecting their local environment (FGD Palawan 2015).2
Implementation of measures to ensure sustainable fishing.
Complementary to the MPA management mentioned above, gear restrictions and catch size regulations are being implemented to ensure sustainability within the fishing industry (Cabral et al. 2010). Regulations regarding specific fishing zones per industry are also in place to help ensure sustainable catches. There is also water quality monitoring and measurement of chemical parameters initiated by BFAR Cebu (PENRO FGD Cebu 2015). This is to measure water condition and identify eutrophication.
Gaps and Challenges
Institutional Fragmentation
The largest gaps emerge from fragmented implementation and lack of interdepartmental discussions on how to fully implement marine policies and programs. The lack of information transfers, sharing, and collaboration perpetuates the gaps within the progress of the policy and its programs. Open sharing and trading of information and ideas have substantially delayed proper implementation of many existing laws and policies, as well as created overlap between agencies, which is a strain on money, time, and resources. By enabling a channel or hub for all agencies and citizens to access information, data, and updates, the issues within this document can be drastically reduced. An archipelagic country such as the Philippines is in need of this critically as information dissemination and sharing is fragmented naturally due to the vast number of islands and dispersal of citizens. An increase in transparency and sharing will allow for the drastic growth of all regions alongside increased and meaningful participation by agencies and citizens alike. This centralized hub needs to be in charge of monitoring, as suggested by Mallari (2015 interview). This will help achieve the overall goal of a shift in paradigm from terrestrial to marine, as required, according to Capt. Rommel Ong and Acedillo (interviews 2015). Sen. Antonio Trillanes mentioned that the policy was not sufficient to address the main problems of the marine sector. These problems lie on two central themes: integration and coordination. He referred to integration as a process of achieving a “balance or point of convergence between the interests and actions of different sectors,” while coordination is the “harmonious implementation of the programs and policies so the problems are prevented or resolved immediately”
2 For more information on Palawan, a case study on its local governance is attached in this report as Appendix 7.
32 Public Policy National Marine Policy Review
(Trillanes 2016 Interview). He added that there are no integrative institutional mechanisms for sharing of best practices to effectively manage and implement reforms. This is echoed by Clarisse Garcio of the National Security Council, who said that the main core of the problem with Philippine institutions involved in maintaining the country’s political jurisdiction is that there are too many agencies in charge yet their mandates are not precisely stated, which leads to conflicts in administrative jurisdiction (2015 interview). Guidote (2016 interview) cited examples of conflicts in jurisdiction and responsibilities. In ports, for instance, continuous export and smuggling of endangered species occur as the port is under different jurisdiction. The PNP is placed outside the port, the PPA within the port, and the Bureau of Customs inside the port. Bias occurs as goods enter different jurisdictions. Culprits of oil waste into the sea also go unpunished as detection fails in moving water and as it moves to different jurisdiction.
Human resource development
While policies and programs are created and invested in, there seems to be a gap in transferring the knowledge, skills, and resources to those who will be implementing them on the ground. The level of marine awareness and effectiveness in the Philippines must be enhanced to ensure all existing and future policies, programs, and other activities are not only properly implemented but also effective with transparency and participation on all levels. Creating a system where laws, policies, and programs are complete with management processes and technical training is critical as many of the implementers are not marine experts (Alcala 2015 Interview). Inter-agency cooperation, as voiced out by Capt. Rommel Ong, will ensure the successful transfers of knowledge, learning, education, and leadership. Recent studies have shown the Philippines to be critically in need of more scientists (Mira 2016). While current programs at a university level are considered exemplary, there is a lack of funds entering into research and studies both within academic settings and outside of this. The current gaps include the training of staff and hiring of appropriate experts in these roles. For instance, DENR is dominated by foresters, rather than marine scientists (Rosales 2015 Interview). Fisheries should not only focus on fish behavior and oceanography but also on human behavior and development (Rosales 2015 interview).
Enhancement of legal/administrative procedures.
Among the challenges are the improper incentives and disincentives for protecting the environment and natural resources. Penalties and fines are not
Volume XV 33 Co et al.
appropriate for the damages. The damage may be based on the economic value of the affected marine habitat or resources. As the country has no established metric of its resources, demanding fines is not based on the actual damage. However, efforts have been done to estimate the blue economy of the country (Menez 2016 Interview). Penalties are very low relative to illegal gains (Armada 2015 Interview). Moreover, penalties can be meted out by the regulatory agency without court proceedings. The courts provide the venue for administrative agencies to seek enforcement of their needs and review of actions of administrative agencies to see to it functions are performed in a proper manner (CRM GB2). Weaknesses in the judicial system and the current regime of testing for cyanide mean that fishery violations for the use of sodium cyanide are usually not prosecuted (Fabinyi and Dalabajan 2011). There may be a need to review and reform the current system of penalties (ArcDev). Legal aspect and prosecution of intruders and violators, including the managing and securing of the pieces of evidence, must be taught to enforcers. In Calamianes Island, Palawan, violators may be detected; however, they can escape penalty as violators are asked to submit their fish samples to prosecutors in Puerto Princesa (Fabinyi and Dalabajan 2011). There must be capacity- building for courts (familiarization with fisheries and environmental laws and international conventions) leading to improved handling of cases. There are delays in carrying out administrative processes and funds and resources for prosecution are not enough. How quickly and frequently violators are detected, arrested, and prosecuted is a process variable to efficiency or effectiveness while how violators are treated and how consistently is the law enforced is a process variable to procedural justice (Kuperan 2010). Slow justice, a poor system of incentives, and a lack of trained law enforcement units and patrol assets may encourage the people to break the law (CRM GB2).
Funding and financing mechanisms
Funding and financing the initiatives required for the Philippines to become a leading marine nation. A thorough account needs to be produced to ensure funds exist and are dispersed to the right projects with full transparency.
34 Public Policy National Marine Policy Review
Marine Development and Conservation
Accomplishments
Emphasis on the framework to balance demands for marine resource utilization and conservation
The 1994 NMP stresses the need to protect coastal and marine resources against any threats of pollution through an integrated coastal zone management network, while utilizing marine areas for resources in a sustainable development paradigm. To ensure a balanced approach to marine revenue, utilization and conservation, recognition of national and international cooperation, polluters pay principle, education, and research are at the core of the conservation and development trajectory within the 1994 policy. Considerable efforts have been made towards ensuring that the marine environment is secure from threats of environmental degradation, done through inter-agency collaboration to abate marine pollution. For instance, the Philippine Coast Guard (PCG), Philippine Ports Authority (PPA), Department of Environment and Natural Resources (DENR), and Maritime Industry Authority (MARINA) all work with marine pollution abatement, which demonstrates the success of this policy suggestion in agency relations. While this is a seemingly terrestrial issue, much of the solid waste produced ends up in the ocean, and creates serious issues for the wildlife and environment – thereby the focus on waste management feeds directly into the ridge to reef agenda. The 1994 NMP focused on coastal community development and empowerment, including livelihood protection and development. The approach aims to uplift the socio-economic conditions of fisherfolk and coastal dwellers through community-based management, balancing socio-economic demands with the rehabilitation and enhancement of the country’s coastal areas. The policy is visibly progressive and in line with the current popular thought on resources conservation by allowing for community engagement, management, and ownership, environmental conservation is far more likely to succeed (Rosales 2015 interview). Government capacity can also be enhanced when the community and stakeholders are involved. Management projects have highlighted the significance of incorporating stakeholders during scoping, reviewing, decision making, and monitoring and evaluation. Community vigilance can detect poor implementation and lead to corrective actions against violators. The community is also able to anticipate benefits and adverse impacts from development activities due to their knowledge of the local environment and their vision for their future. The Apo Island marine reserve is an internationally recognized best practice example of community development succeeding with conservation at
Volume XV 35 Co et al.
the forefront, with huge economic incentives intertwined (Alcala 2015 Interview). On the other hand, there are cases where fisheries failed due to the absence of conservation initiatives by the community (Cabral et al. 2010). The fishing ban, particularly in Cebu, is being observed as there are information caravans and information drives brought to communities before its implementation (FGD Cebu 2015). The Bureau of Fisheries and Aquatic Resources (BFAR) coordinates with the local government for dissemination of information about the ban (FGD Cebu 2015). With that, Cebu realized the importance of an action-based school with environmental education. In Bohol, education campaigns among students also become helpful for the implementation of protection of Danajon Bank (Armada et al. 2009). An agreement was ratified to protect Danajon Bank, to coordinate intervention, to share information and expertise, and to harmonize municipal fishery ordinances together with the community (Armada 2010). The effort of non-governmental organizations (NGOs) in coastal and marine protection and management cannot be neglected as they play a critical role in implementation, funding, management, and continuity of many MPAs. In Zamboanga, private companies are also being involved for policy coordination and first response, as in incidents of oil leaks and spills (FGD Zamboanga 2016).
Increasing research and marine resource assessments
In the past 22 years the Philippines has seen a multitude of research papers produced, which demonstrate the quality of research outputs and development nationally. Alongside academic research, government agency information is increasing as an output. In terms of agency research, the Philippine Council for Agriculture, Aquatic and Natural Resources Research and Development of the Department of Science and Technology (PCAARRD-DOST) has a more research- based output and supports research in marine biodiversity and climate change. The Mines and Geosciences Bureau of the Department of Environment and Natural Resources (MGB-DENR) conducts geosciences surveys and mineral exploration and coastal quarrying research. From a social science standpoint, both National Anti-Poverty Commission (NAPC) and DA-BFAR work on poverty reduction and livelihood development.
Prioritization of the establishments of marine protected areas
Government agencies, notably the DENR, have prioritized the establishment of marine protected areas (MPAs) and set a target of 20 percent of Philippines waters to be protected, in conjunction with coastal resource management. Establishment and management of MPAs are being done to address the issues
36 Public Policy National Marine Policy Review
of overfishing, climate change, and poverty alleviation. More MPAs are being established and managed, and exploited marine habitats are being rehabilitated. A key example of successful MPA management is the Batangas Network. This is an MPA network composed of 43 MPAs within 12 municipalities, including Batangas City. A large part of the success of this MPA network can be attested to the joint regular meetings of the management body every two months. Through their MPA Networks Action Planning Workshops, the members received training in capacity building, technical assistance, and specialized training on sea grass monitoring, rescue management of marine mammals and marine turtles, paralegal aspects of management, sea patrolling (deputizing of Bantay Dagat or fish wardens), and water safety and rescue. A 15-kilometer municipal water has been delineated to help the local government in managing water on their jurisdiction. Among municipalities, 15 percent of their jurisdictional area must be allocated to be a marine sanctuary. Mariculture zones are also delineated as part of development (ArcDev 2001). Zoning has been implemented with an attempt for fair allocation of fishing grounds and resources between the highly efficient trawlers and the less efficient traditional gears (Susilowati 1998). Participants in the Zamboanga FGD have also noted the success of the seasonal ban of catching sardines (tamban fish), which demonstrates the willingness of LGUs and fisherfolk alike to protect, conserve, and improve the marine environment, a practice that could be transferred to the national level. This is a critical example to demonstrate the flexibility of MPAs as they are not simply areas with prohibited access; rather, MPAs can be adapted to meet the needs of the community while still conserving the natural environment (Alcala 2015 interview). Creating this paradigm shift in communities will also encourage support and leadership of MPAs. The DENR is redrafting the Sustainable Coral Reef Ecosystem Management Program (SCREMP) into a comprehensive program to include all marine ecosystems. Another major development is the formation of the Coral Triangle Initiative (CTI) which is a collaboration among all nations included in the Coral Triangle3 in efforts for regional conservation. This has been institutionalized through the issuance of EO 797: Adopting the CTI National Plan of Action.
The Philippines as among the top shipbuilding and maritime nations
The Philippines has been touted as the leading shipbuilding and maritime nation in Southeast Asia, and the fifth largest globally (Phil Marine 2016). This shows the significance of the industry to the Philippines, highlighting the need to prioritize the development of the industry domestically, including the workers
3 The Coral Triangle Initiative is an agreement among six nations, sometimes referred to as the “CT6.” The countries are Indonesia, Malaysia, Papua New Guinea, Philippines, Solomon Islands, and Timor Leste.
Volume XV 37 Co et al.
within these sectors. Since the inception of the 1994 NMP, the Philippines has focused a large part of manpower capabilities and educational centers on seamen, shipbuilding, and maritime-related fields. Because of the success of the shipbuilding industry, the maritime sector is placed at the forefront of economic growth and a critical factor to consider in any marine policy. This industry was propelled to a leading sector with the arrival of foreign shipbuilders, thereby increasing export growth in the international market. This recognition ignited a spur in development, with more ships of larger tonnage capacities being constructed, such as bulk carriers, container ships, and passenger ferries. These accomplishments further prove the Philippines as globally competitive in building work class ocean vessels (Phil Marine 2016). Republic Act (RA) No. 9295, 2004 promotes the development of the Philippine shipbuilding industry, a positive action to ensure the progress of the industry in the Philippines.
Gaps and Challenges
Weak development planning model reflecting the marine paradigm shift
While there are a multitude of programs targeting marine awareness and conservation, there is still a visible bias towards the terrestrial paradigm of Philippine development. Arguably, the increase in MPAs, the rise in NGOs related to marine conservation, and the increase in media articles related to the marine environment show a shift towards this, yet this has not been fully realized. Capt. Rommel Ong of the Philippine Navy still sees the need for this shift, mentioned in the 1994 NMP (2015 interview). The 1994 NMP, while stressing the need for a paradigm shift, did not supplement this idea with the archipelagic development model (Batongbacal 2000). This issue is also evident in the Philippine development plan which has been criticized for being too land- focused (Acedillo 2015 Interview). To realize this, the ridge to reef approach to inclusive management must be at the forefront of all policies and guidelines, as it is difficult to manage the coast with an unmanaged upland area.
Need to have a unified national marine research agenda coupled with monitoring, evaluation, and extensive dissemination of research outputs
Research on the critical topics for development and conservation is currently being conducted by government agencies, academic and independent research institutions, as well as NGOs. But they are done in a fragmented manner. Efforts to come up with comprehensive marine and fisheries studies, even for the maritime sector, have been initiated by various institutions; among them are the University of the Philippines Marine Science Institute (UP-MSI) and BFAR.
38 Public Policy National Marine Policy Review
The cohesiveness of the research agenda in the marine and maritime sectors is yet to be set and determined. Further, UP-MSI advocates for intensifying oceanographic research, particularly in the country’s EEZ, signifying the country’s ability to manage resources. This, according to the UP-MSI, is considered a major gap in research in the country. Although progress has been made in the conduct of resource assessments, it has yet to be fully realized (Batongbacal 2016 interview). There is still a gap in the understanding of the resources as there are no comprehensive assessment or baseline studies which are critical in monitoring targets. This poses a problem for both living and nonliving resources, especially for sustainable development in regions such as the Kalayaan Island Group (KIG) and Benham Rise.4 Both areas are rich in natural resources for extraction and conservation. The international community recognized Benham Rise, a region to the east of the Philippines, as Philippines territory in 2012. This relatively unexplored area has the potential to provide an abundance of information for research and potential resources – particularly for energy. UP-MSI has already conducted an exploratory trip, but much more financial and human resources have to be poured into this area. Leading marine scientists, together with economists, unravel the real value of the marine resources that wait to be enhanced. Certainly, the marine resources are invaluable to what scientists call a “Blue Economy” (Azanza et al. 2016 unpublished) if only the Philippines could harness and invest on the resources for sustainability. Having a strong research base for the nation will feed into the underlying goal of national progress for the Philippines. Funding research will increase high-level jobs as well as encourage more marine scientists to remain in the Philippines, and potentially lead to channels of experts working within government departments (Alcala 2015 interview).
Not all plans, decisions, and laws are science-based
Since the country has no well-established/accessible and comprehensive resource base of scientific information, it can be inferred that most of the decisions did not seek scientific data as bases for those decisions. Laws and policies should be supported by science-based data and information to determine possible impacts and consequences (FGD Cebu 2015). Some of the decisions and projects that entail science information are the designation of MPAs, locations and species of mangroves for mangrove rehabilitation, construction of coastal developments such as ports, jetties, seawalls, etc.
4 The National Coast Watch Council has formed a Technical Working Group (TWG) for the Benham Rise. The task of the TWG is to come up with a National Research Program on the Benham Rise.
Volume XV 39 Co et al.
A particular example extrapolated from the Palawan FGD shows that while there is an abundance of studies and researches, the application of the studies for local policies and decision making remains limited “There have been voluminous studies in Palawan, but the translation of these studies into policies is difficult. We have to be frank: politicians who make policies are not patient—they don’t have time to read” (FGD Palawan 2015).
Human induced environmental threats to marine environment
The marine environment is at risk because of the increasing human activities that exert pressures on it. There is an increasing threat to the marine environment as a result of land-based sources of pollution and wastes. The Philippines is the third highest producer of plastic waste found in the ocean (after China and Indonesia) (Jambek et al. 2015). Alongside this, waste management facilities are still lacking, as mentioned in the Zamboanga FGD. This is notwithstanding the existing laws on waste management in the country. While the Philippines is signatory to multiple international treaties regarding marine pollution,5 the reality shows that there are still serious issues within the national territory of the Philippines. Currently, the PCG upholds the international agreements, but they have cited a lack of a reception facility for pollution. This was echoed in the Zamboanga FGD. Violations of dumping at sea could in part be tied to the lack of monitoring abilities of the Navy and PCG due to a shortage of ships available. The lack of regulatory presence translates to the higher potential for abuse or neglect of policy. Overexploitation of marine resources and illegal wildlife trade also pose a threat to the marine environment. The Philippine seas host a multitude of rays, six of the seven sea turtle species, pelagic species, whale sharks, and other migratory and endangered species and endemic corals (Coral Triangle Initiative 2014). Unfortunately, many of these species are sought after by poachers who harvest them for fins, shells, and eggs, or are caught by fisherman for food and profit. The problem of overfishing has been a continual concern for over 20 years. The status of the country’s fisheries seems to worsen with the growing demand for food. As global and national demands for fisheries escalated, Philippine fisheries showed decline and clear signs of overexploitation as evidenced by declining catch per unit effort, declining size and quality of fish caught (Lacanilao 1998 in CRM GB8). Among the fishing areas of the world, Philippines seas are among the most heavily fished. Fish stocks in major fishing grounds have been reduced drastically to less than 10 percent of the 1950s level (Green et al. 2003 in Mualil et al. 2011). As a result of depleting fish stocks and a lack of education, framed within the deleterious impacts of climate change among other problematic causes, fishermen
5 See Appendix 5: International Agreements and Treaties Related to the National Marine Policy
40 Public Policy National Marine Policy Review
are increasingly resorting to unsustainable and illegal methods to catch fish, such as the use of small nets and dynamites. These are hugely detrimental to the entire ecosystem and destroy a chance of habitat restoration or recovery. Likewise, the conversion of marine habitats to other uses affects the quality of the marine environment. The current risk of unsustainable and destructive tourism is already visible in some areas of the Philippines, and this has a detrimental impact on the environment. The Philippines is currently undergoing a huge tourism boom, both from domestic travel and international visitors. If strict regulations are not put in place, tourism will not only cause environmental destruction but cause negative effects on local communities and the entire nation.
Poverty in coastal communities
The poverty incidence in the coastal fishing communities is generally higher than the national average (Cabral et al. 2014). Fishing households in the Philippines had a poverty incidence rate of 49.9 percent which is twice the overall poverty incidence rate in the country, based on the 2006 report of the National Statistical Coordination Board of the Philippines (Castro 2009 in Muallil et. al 2006). Under the pressures of an increased cost of living, depleted fish stocks and climate change, fisherfolk are in need of an alternative source of income to supplement the lessening fish yields nationally. To roll back overfishing and restore coastal habitats, there is a need to create land-based alternative employment opportunities for young fishers (D’ Agnes et al. 2010). As not all fishers are willing to exit fishery, livelihood programs must target willing fishers to reduce the fishing pressure and allow fish stocks and other marine ecosystems a chance to recover while improving fisherfolk’s well-being (Mualil et al. 2011). As BFAR implements closed fishing seasons, it is necessary to provide substitute and supplementing income sources for fishing communities (Beger et al. 2010). In Cebu, their Provincial Environment and Natural Resources Officer (PENRO) provides small enterprises such as sari-sari stores for livelihood. This is to augment, if not divert, short- or long-term impacts of MPAs to stakeholders (FGD Cebu 2015). They also provide sustainable marine-based industrial and entrepreneurial activities such as fish and seaweed culture (FGD Cebu 2015). Seaweed farming has been considered a major source of livelihood in many coastal communities (Barut et al. 2003), though post-harvest technologies and services are not always available in the municipalities (FGD Davao 2016). BFAR and LGUs coordinate to distribute seaweeds among stakeholders. Seasonal bans are implemented in different areas in the country, such as in Visayas and Mindanao (FGDs Cebu, Davao, and Zamboanga 2016). There were oppositions during the initial implementation; however, later on, stakeholders realized the benefits and advantages (FGD Zamboanga 2016). The last closed season ended last February 2016. Prior to implementation, closed fishing bans
Volume XV 41 Co et al.
were announced and disseminated to the general public through newspaper and social media in coordination with the LGUs for dissemination to their respective constituents (PENRO FGD Cebu 2015).
Mismanagement of Marine Protected Areas
As it stands, around 5 percent of coral reefs are protected in the Philippines (Alcala 2015 interview). This falls short of the 20 percentage proposed by DENR. While many MPAs have been declared, the majority are defunct—of the 565 marine reserves and coastal management schemes in the Philippines, only 10 percent have been effective (Alino et al. in Beger et al. 2010). This is due to mismanagement and the lack of expert knowledge, information transfers, access to information, and funds, among a variety of other issues. The goal of protecting 20 percent of Philippine waters is still an ideal target, but it is vital that all declared MPAs are examples of best-practice management. In order to ensure preservation of vital marine resources and ecosystems, it is advocated that not only a minimum of 20 percent of the oceans be protected under law, but the protection of all marine environments, from coral reefs, to mangroves, areas of upwelling, and deep sea regions (Alcala 2015 interview). By combining protection measures with community engagement and education, MPAs will be successfully managed and supported.
The challenge to maintain the country’s position as a top maritime nation
In order to maintain the global position among the top five shipbuilding nations, and potentially expanding the industry to number one globally, the Philippines needs to ensure maintenance of shipbuilding yards, increase the number of students studying, solidify the industry into law, expand RA 9295 to have additional safeguards, and keep a competitive edge on pricing and technology. Port facilities all over the country need not only be increased but also upgraded. Traffic decongestion on terrestrial roads and the worsening public air navigation situation could be improved if the maritime transport sector will also be developed.
Improper valuation of marine resources
According to Azanza et al. (2016, unpublished), the ‘blue economy’ has not been properly valued. For instance, as it currently stands, the cost of damaging a coral reef is set at PHP 24,000 per square meter. This value is not comparative to the value of a healthy coral reef, considering the multitude of benefits coral reef ecosystems provide if healthy. Marine ecosystems are also not valued in terms of services; rather, they are valued based on commercial prices, or how much they can be sold for human consumption. Because of this, the country lacks incentives
42 Public Policy National Marine Policy Review
and disincentives based on the economic value of the environment and natural resources (Rosales 2015 interview).
Marine Security
Accomplishments
The security concerns outlined in the 1994 National Marine Policy, namely: territorial integrity, ecological balance, socio-political strategy, economic solidarity, cultural cohesiveness, moral-spiritual consensus, and external peace have established a solid basis for a progressive and inclusive national development policy. The NMP is also based on international laws and treaties, thus ensuring that the Philippines has a more substantial basis for actions and programs, and can gain support and structural assistance from the international arena. As marine security is a very contextual arena, accomplishments cannot be numerated as such.
Gaps and Challenges
Sea lanes are undefined;6 weak mapping of the EEZ
The Philippines is a major hub for sea trade, with over 80 percent of international trade passing through the exclusive economic zone (EEZ) of the nation. While the Philippines is signatory to the Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation, International Regulations for Preventing Collisions at Sea 1972 (COLREGs), and the ASEAN Economic integration (on maritime transport), there is believed to be an imminent threat to freedom and safety of navigation due to interference in marine communication and trading lanes. One stark example of the necessity to clearly define sea lanes is Tubbataha Reef, the Philippines’ only World Heritage marine site, which was damaged by three shipwrecks over the past decade. In two of the reef grounding incidents, the ships cited poor mapping of the area as the reason why they entered the restricted territory.
Internal and external threats
In the case of the Philippines, the internal threats include separatist movements in Muslim Mindanao, while immediate external threats include territorial disputes in the KIG, Scarborough Shoal, and Sabah. The task of this
6 The National Coast Watch Council has created a Technical Working Group composed of representatives from various government agencies to identify the Archipelagic Sea Lanes of the Philippines. Get copy of the NCWC Resolution creating the TWG.
Volume XV 43 Co et al.
assessment is to determine whether the NMP that was crafted more than 20 years ago is still sufficient and flexible enough to cover issues that the current regime has to resolve. Security-wise, the West Philippine Sea has become a “grey zone” where there is no active conflict, yet neither is there stable peace. In fact, there are enough triggers for the accidental outbreak of conflict to take place. This raises the question of what rules of engagement apply to the different zones. These include peacetime rules, wartime rules of engagement, revisiting the United Nations Convention on the Law of the Sea (UNCLOS), the intervention of the International Maritime Organization (IMO), and stronger domestic laws. Internally, there are geographic areas which are simultaneously subject to multiple sovereignty claims, are within contested exclusive economic zones for fishing or continental shelves for energy exploration, and are vital sea lanes of communication. Issues in the KIG involve not only territory but various aspects of security as well: human, food, energy, and the environment. Aside from the KIG, the Philippines also faces marine security issues in other parts of the country: the Muslim South’s efforts to achieve autonomy, extremely close and overlapping EEZ with Brunei and Malaysia, and porous borders to the north and east. Territorial security issues are thus at the forefront of the nation’s priorities.
Illegal fishing in the exclusive economic zones
The Philippines is currently facing pressures on its territorial borders (Acedillo 2015 interview). This extends far beyond conservation yet impacts greatly on the health of the oceans as well as the economic development of the fisherfolk within the Philippines. Illegal fishermen from Vietnam, China, Korea, Malaysia, and other regional neighbors are entering the Philippine EEZ with more advanced fishing vessels, allowing for a high yield. Batanes participants (2016) discussed the issue of having many fishermen feeling powerless and unable to catch fish. While the navy conducts anti-illegal fishing operations (Ong 2015 interview) the capabilities are limited due to resource constraints.
Poaching
Poaching is rife in the Philippines. While an issue of conservation, poaching poses a threat to the environment, human safety, and sovereignty. Poaching has a detrimental impact on the economy because of its high frequency. Roughly 71,400 metric tons of captured fisheries, with an estimated value of PHP7.1 billion, are lost every year to poaching. A 2008 APEC Fisheries Working Group study found that 90 percent of foreign vessels operating in Philippine waters are engaged in illegal fishing (Pitlo 2013). The illegal poaching trade is suspected to yield at least $19 billion per year, and, as such, has become a lucrative business
44 Public Policy National Marine Policy Review
for criminal syndicates because the risk involved is low compared with other crimes (Schonhardt 2014). Loss of income generated in post-production of fishing, such as storage, is lost. The availability of fish for local livelihood is also a critical factor caused by poachers.
Weak navy and coast guard presence
The Philippine Navy is burdened by the lack of resources provided to naval services, making monitoring the country’s marine resources a near impossible task. The Batanes FGD revealed that Taiwanese ships constantly enter and conduct fishing activities inside the Philippine EEZ due to the absence of patrol boats. The country has a 50-nautical mile area to protect, multiplied by 350 baseline points. Ideally, the Philippines should have state-of-the-art offshore territorial defense capabilities, especially in contested areas such as the West Philippine Sea and the Sulu Sea. However, this is not the case. The PCG is assigned to patrol the Philippine coast and implement management. Ideally, the PCG should be 18,000 to 20,000 in number, but the reality is they are only 4,000 in number (Acedillo 2015 interview). Magdalo Partylist Rep. Ashley Acedillo suggested that the navy needs at least four cutter ships to be used in the West Philippine Sea, the Eastern Pacific side, the Sulu Sea, and the Bashi Channel (Philippine-Taiwan border). These cutters should be complemented by rotary helicopters and fixed-wing assets. Aside from floating assets, communication equipment and infrastructure is lacking. According to law enforcement specialist Mar Guidote, the navy and the coast guard may have state-of-the-art equipment and infrastructure on the ground, but if they do not have the ability to coordinate with each other efficiently, these assets will remain useless. Lastly, some of the country’s military assets may not be appropriate for the environments in which they operate. A specific case in Batanes proved that Taiwanese vessels could easily enter the country’s borders because the boats used by the coast guard were not built for the rough seas of the island province.
Energy security
As it stands, the Philippines is in need of an alternative source of energy to power the island of Luzon, and the entire nation, as the Malampaya Gas Sound is expected to run dry in 2020. By harnessing the ocean’s energy, the Philippines will be able to, sustainably develop itself as a leading nation in energy provision for its citizens. Creating alternative energy sources to compliment fossil fuels will ensure a steady supply of energy and lead to the increased development of all regions, create new jobs and innovation positions, and reduce national debt. This can include tidal energy, marine current power, and wind farms in coastal
Volume XV 45 Co et al.
areas, thermal energy, and many other new innovations. Securing reliable and alternative sources of energy will ensure full operational capabilities of the Philippines and enhance energy security, while setting the benchmark for the entire world.
Cross-cutting Issue: Climate Change and Disaster Risks
Accomplishments
The United Nations Framework Convention on Climate Change (UNFCCC) was implemented on March 21, 1994, a few months before the NMP was published. Still, aspects of climate change action were mentioned in the 1994 document: enhanced preparedness for natural calamities, and the policy statement on ensuring proper management of marine and coastal resources against any possible pollution from marine and land-based sources.
Gaps and Challenges
The six marine biogeographic regions of the Philippines belong to different climate clusters and thus have varying levels of climate vulnerability. Mangroves and sea grasses, equally important to coral reefs, face threats of conversion to aquaculture ponds (Primavera et al. 1991 in Barut et al. 2003), and siltation, pollution and eutrophication (Fortes 1995 in Barut et al 2003), respectively. From 1965 to 1975, the rate of conversion of mangroves to aquaculture ponds was measured at 243 km2 per year (Primavera et al. 1991 in Barut et al. 2003). This mangrove loss has been linked to the decline of fishery stocks, such as that of shrimp stocks (Cabral et al. 2010). Marine habitat destruction, together with unsustainable fishing practices, exacerbates the impacts of climate change. Other visible climate change impacts in the marine ecosystem are the changing waves and storm surges, rising sea- surface temperatures, sea level rise, and ocean acidification (though no available information on ocean acidification has so far been recorded). Storm surges and tsunamis may have direct influence and effect on the coastal and marine environment resulting in other socio-economic disturbances. Among the possible effects of these hazards are destructions of coastal and marine habitats (sea grasses, mangroves, coral reefs) and resources (marine organisms and their juveniles), contamination of food and water supplies, disruption of transportation, communication, and power lines, disruption of livelihood and human settlement, loss of human and animal lives, and reduction of the country’s economic productivity. Hazards may have direct effects on these coastal and marine environment and resources, facilities, industries, developments and
46 Public Policy National Marine Policy Review
infrastructures (roads and ports) if they occur nearby or within the coastal and marine environment. The government should consider these hazards not only for protection and conservation but also for its holistic marine policy implementation and strategic plan for inclusive growth and sustainable developments.
Volume XV 47 Strategic Direction
Key Principles
The national marine strategic direction is anchored on the principle that the policy is one that is “whole of Philippine society.” This means that the strategic policy will bring in all sectors and stakeholders, branches of government, and functional agencies based on mandate and specialization, at both national and local levels. It also recognizes the goals of “harmony and conflict avoidance, as well as efficiency, effectiveness and outcome-orientation.” This means that the strategic direction will employ the principles of communication, cooperation, collaboration, complementation, coordination, and negotiation. Interoperability and convergence are key approaches among diverse players as the strategy emphasizes a systems thinking. It looks forward to a strategy that promotes development and resource utilization even as the policy is balanced to make resources sustainable. In this case, strategic policies should be facilitative as much as these are accountable specifically in the aspects of management, enforcement, and oversight. These principles serve as framework and guide of the national marine strategic direction, and are manifested across the four pillars defined in this strategy. Strategic Direction
Pillar I. Marine Politics and Jurisdiction
Strategic Outcome
Strengthened foundations of the country’s sovereignty and territorial integrity by improving its territorial and maritime regimes and resolution of standing maritime boundary disputes between the Philippines and its neighboring countries, as well as boundary disputes among LGUs.
Strategies
1. Clarification of the country’s territorial limits and boundaries within the framework of international norms and laws and the Philippine Constitution 1.1. Define the territorial limits and jurisdictional areas in accordance with international norms and laws, specifically United Nations Convention on the Law of the SEA (UNCLOS) (Baviera 2015). 1.2. Study the implications of the creation of any autonomous unit in Mindanao to maritime jurisdictional claims of the country in relation to North Borneo/Sabah and its waters. 1.3. Pursue claims for an extended continental shelf in the West Philippine Sea. 1.4. Delineate various maritime jurisdictions, such as internal waters, archipelagic waters, territorial sea, and exclusive economic zone. 1.5. Continue delimiting our overlapping maritime zones with concerned countries. 1.6. Pursue Philippine claim on the Sabah issue. 1.7. Strengthen representation in international adjudication by the International Court of Justice (ICJ) through arbitration or mediation, International Tribunal on the Law of the Sea (ITLOS), International Maritime Organization (IMO), and other relevant international bodies (Baviera 2015 Interview). 1.8. Publish official charts/maps showing the countries territory and maritime jurisdictions.
2. Application of the ‘building block approach’ for strengthening jurisdiction and securing the country’s marine interests 2.1. Conduct consultation with concerned agencies to identify and develop “building block approaches” that could strengthen our territorial and jurisdictional claims. 2.2. Enact Archipelagic Sea Lanes and Maritime Zones Laws to compliment the Baseline Law (RA 9522).
Volume XV 49 Co et al.
2.3. Explore the potential of Benham Rise and other areas of the country’s exclusive economic zones by investing in research and development and resource exploration (UP MSI). 2.4. Review current and mainstream ASEAN mechanisms and other bilateral agreements in to address transnational/transboundary issues. 2.5. Continue pushing for the early adoption of the ASEAN-China Code of Conduct. 2.6. Review possible roles of other non-claimant states, such as Japan and the United States, with respect to the country’s territorial claims (Baviera 2015 interview). 2.7. Harness the potential of the combined strength of other ASEAN members with claims in the West Philippine Sea by developing a unified approach to territorial and marine domain disputes towards developing an ASEAN-wide unified approach in the conduct of negotiations and/or arbitrations (Baviera 2015 interview). 2.8. Build facilities in areas (atolls/islands) being claimed by the Philippines to make them habitable, to ensure continuous physical presence of Philippine Navy personnel, fisherfolk, and local communities in these areas.
3. Define territorial boundaries of Local Government Units in the Coastal Areas 3.1. Correlate the limits of the national territory to the jurisdictional limits of the LGUs (i.e., Kalayaan Island Group). 3.2. Encourage local government units to delimit their municipal water and to settle territorial disputes. 3.3. Provide technical support to local government units in defining/ delimiting their municipal waters. 3.4. Clarify the rights and responsibilities of local government units vis- à-vis marine territory and resources under their jurisdictions. 3.5. Review the Local Government Code in relation to the National Marine Policy (NMP). 3.6. Cascade the National Marine Policy to coastal local government units.
50 Public Policy Strategic Direction
Pillar II. Marine Regulation and Enforcement
Strategic Outcome
A proactive, responsive, transparent, and predictable marine regulatory framework and enforcement mechanisms
Strategies
1. Interoperability, convergence, and complementation of organizations, agencies, and institutions 1.1. Rationalize and streamline the functions and responsibilities of government agencies with ocean-/marine-related mandates through the creation of an institutional leader in marine resources management and development.1 1.1.1. Jointly formulate policies clarifying agency mandates of concerned agencies and institutions. These may take the form of the promulgation and issuance of joint administrative orders, which has been the practice to increase collaboration between and among government agencies with similar mandates. 1.1.2. Modify the NEDA Board Inter-agency Committees to include a committee on Marine and Ocean Affairs so as to ensure that marine and ocean related concerns are integrated in the national and subnational level plans. Similarly, the Legislative Executive Development Advisory Council (LEDAC) must also have a sub-committee on marine and ocean affairs to ensure that the institutional restructuring initiatives are done within the context of a broad, comprehensive, and holistic reform in the governance of ocean and marine environment. 1.1.3. The Supreme Court to designate select trial courts as Maritime Courts that will have jurisdiction over all cases arising out of acts of maritime commerce, transportation, and traffic occurring in Philippine waters. In addition, the Supreme Court shall promulgate rules and procedures for marine-related cases to enhance the mechanisms for settling maritime controversies.
1 For the detailed discussion of the identified institutional options, seeAppendix 8: Proposed Institutional Arrangements for Ocean and Marine Governance
Volume XV 51 Co et al.
1.1.3.1. Provide operational support to law enforcement personnel involved in the settlement of marine related cases. 1.1.4. In the long term, establish a high-level integrated and strengthened decision-making and implementation mechanism within the context of a decentralized system of governance to provide an institutional focus for the leadership and management of the multiple uses of ocean and marine resources (For the detailed discussion of the identified institutional options, see Annex I: Proposed Institutional Arrangements for Ocean and Marine Governance). 1.1.4.1. Option A: Strengthening and broadening the institutional base of the Current National Coast Watch System through the creation of the National Ocean and Marine System 1.1.4.2. Option B: Creation of the Commission for Ocean and Marine Affairs 1.1.4.3. Option C: Creation of the Department of Marine Affairs 1.1.5. Strengthen and realize an inter-LGU arrangement that allows effective enforcement of existing maritime laws, harmonization and coordination in the use of maritime space and resources, encouragement of sustainable resource utilization, and institutionalized evaluation and monitoring and reporting of vital maritime information. Such arrangement must provide for a consultative mechanism to strengthen participation in the national and local level (Trillanes 2016 interview). 1.1.6. Establish a 24/7 maritime hotline. 1.1.7. Create a database of Filipino fishermen akin to a National ID system. 1.2. Professionalization of human resources involved in marine environment through continuous capacity and knowledge building interventions towards improving their technical, technological, managerial, and leadership competencies. 1.2.1. Conduct an inventory and assessment of human resources and their competencies and needs, and matching the technical expertise requirements with marine resources development plan. 1.2.2. Capacitate law enforcers (including local/community organizations such as Bantay Dagat) to respond and conduct
52 Public Policy Strategic Direction
immediate administrative and para-legal procedures to intruders and violators and improve crime laboratories and investigation facilities in strategic locations within the marine biogeographic regions (Rosales 2016 interview). 1.2.3. Capacitate enforcers on how to conduct monitoring and assessment of various programs and projects to help them and the community improve programs and projects addressing environmental issues and challenges. 1.2.4. Package a comprehensive and coherent information and educational campaign and extension programs for different agencies (DOT, BFAR, DA, DENR, DILG) to achieve synergy. 1.2.5. Increase the number of marine science scholarship programs (Alcala 2015 interview). 1.2.6. Ensure there is an archipelagic consciousness in the curriculum from basic to tertiary education. 1.2.7. Establish training centers and knowledge hubs for marine policy implementation. 1.2.8. Intensify education, information, and communication campaigns on ocean and marine environment (Guidote 2016 Interview) using tri-media and other internet-based portals. 1.3. Establish available and accessible sustainable financing mechanisms. 1.3.1. Establish financing schemes and funding sources other than government budget allocation. 1.3.2. Encourage the participation of the private sector by providing a conducive environment for investment through a package of fiscal incentives. 1.3.3. Reorient regulatory and enforcement support services involving incentives and disincentives both to local and foreign users of the coastal and marine environment. 1.3.4. Explore the feasibility of adopting and implementing payment for environment services. 1.4. Establish a functioning monitoring and evaluation system. 1.4.1. Maintain the continuous monitoring, assessment, and possible expansion of specific marine programs and projects (Menez 2015 interview).
2. Reconciliation and harmonization of ocean and marine statutes, rules, and regulations
Volume XV 53 Co et al.
2.1. Fill in the regulatory gaps in areas where there are deficiencies and inadequacies in statutes, rules, and regulations. 2.1.1. Enactment of a law declaring the country’s maritime zones (territorial sea, contiguous zone and exclusive economic zone) to secure Philippine marine interests. Such legislation shall clarify the country’s internal waters and archipelagic waters and specify the breadth of its territorial sea. 2.1.2. Enactment of Philippine Maritime Code (with the following provisions: Admiralty Court, Ship Mortgage, Incentives, Philippine Overseas Shipping Act, Amendments to CHED and PRC laws, STCW 2013 Act/Seafarer’s Act (including MLC, SID), Seafarer’s Welfare Fund, and Collaterals (MARPOL Bills). 2.2. Review and enhance existing statutory and regulatory measures for purposes of revising, supplementing, and consolidating provisions for a more responsive set of marine-related laws. 2.2.1. Conduct a comprehensive review of the implementation and performance of existing marine-related statutes, rules, and regulations (e.g., Ecological Solid Waste Management Act, laws related to marine pollution, wildlife-related laws, etc.) and identify gaps towards improving its consistency, responsiveness to the dynamic marine environment, and compliance to international laws and norms (e.g., waste management laws vis-à-vis London Convention). 2.2.2. Review the system of incentives, disincentives, and penalties (e.g., Water Code, Republic Act No. 9295, and Executive Order No. 226 among others) based on scientific and economic value of marine habitat and resources (Rosales 2016 interview).
Pillar III. Marine Development and Conservation
Strategic Outcome
Sustainable management of the coastal and marine environment and resources and continued harnessing of benefits and interactions from ecosystem services, balancing economic and social development, resource needs, and environmental conservation through a more comprehensive ecosystem-based approach
54 Public Policy Strategic Direction
Strategies
1. Protection and Conservation: Improvement of the quality and health of ocean and marine ecosystems 1.1. Strengthen marine research, development, and extension systems that merges science-based decision making and local/traditional/ indigenous knowledge and practices with active cooperation of non-state actors, technology transfers, commercialization, and establishment of strong networks of marine-based research, development, and education (RDE) institutions towards realizing a paradigm shift from terrestrial to marine. 1.1.1. Development of an accessible, updated, and shared2 database and management information system on marine-related information, knowledge, and technology to support research, policy formulation and implementation/enforcement, public education, and communication on marine resources management, utilization, and conservation. 1.1.2. Formulation and implementation of a National Marine RDE Agenda that will unify and coordinate all state and non-state actors’ research, development, and extension activities related to ocean and marine resources. 1.1.3. Secure appropriate adequate funding for research and development to encourage more marine scientists to remain in the Philippines and work with government agencies with marine research and development mandates (Alcala 2015 interview). 1.1.4. Establish marine research stations in critical research areas within each marine bio-geographic region (e.g., Apo Island, Verde Island Passage) as well as in areas that are unexplored (e.g., Kalayaan Islands Group). 1.1.5. Intensify the conduct of resource assessments both in terms of living and nonliving ocean and marine resources as well as oceanographic research (Batongbacal 2016 and UP MSI). 1.2. Scale up marine protected areas (MPA) to become MPA networks and apply appropriate management models such as the designation of MPAs along marine corridors3 and seascapes. Ensure best- practice management and science are applied.
2 This addresses the concern raised in part 2 of the report which stated that the research is being done but dissemination of research is lacking. Likewise, part 2 of the report identified the lack of information sharing, transfers, and collaboration as a major gap in the NMP implementation. 3 E.g., the corridors identified in the PDP 2011-2016 namely: Babuyan Corridor, Mindoro-Calavite Tablas Triangle, Balabac Strait Corridor, Sibutu Passage-Sulu Archipelago Corridor, Ticao Pass-San Bernardino
Volume XV 55 Co et al.
1.2.1. Assess all MPAs to ensure that those included utilize best- practice management from science and consensus building perspectives. 1.2.2. Apply multiple-use zones approach to properly manage competing uses of marine environment.4 1.2.3. Provide financial and economic support to communities within and around MPAs. 1.2.4. Provide financial and economic support to LGUs with MPAs. 1.2.5. Factor in MPAs in the computation of the internal revenue allotment (IRA). 1.3. Improve the status of coastal and marine biodiversity by safeguarding and further researching marine ecosystems, species, and genetic diversity. 1.3.1. Create a comprehensive baseline study of all marine resources. 1.3.2. Conduct a census of migratory and endangered species (Alcala 2015). 1.3.3. Utilize the work done by NGOs, academe, and other research institutions to develop comprehensive valuation techniques and data of marine assets/resources. 1.3.4. Use appropriate valuation techniques that are based on ecosystem services and socio-economic values. This shall be the basis for the computation of damages on the ocean and marine environment (Rosales 2016). 1.3.5. Create a database to present the collated results and developments on the valuation process. 1.3.6. Conduct a comprehensive vulnerability assessment for climate change adaptation. 1.3.7. Implement seasonal protection strategies for species that enter and follow a distinct migration pattern within Philippine waters (Alcala 2015). 1.4. Establish Monitoring and Evaluation Framework for SCREMP and other related programs. 1.4.1. Identify the parameters which shall serve as basis for the establishment of monitoring and evaluation framework for SCREMP and other related programs. 1.4.2. Make use of existing baseline studies on SCREMP in developing the M&E framework for SCREMP. 1.5. Restore and rehabilitate coastal and marine environment and resources destroyed by human activities.
Strait- Samar Sea Corridor, Panay Gulf Guimaras Strait Corridor, Philippine Sea Corridor and Tapiantana Corridor 4 An example of this is the Benham Rise where future energy efforts will not be in dispute with the MPA.
56 Public Policy Strategic Direction
1.5.1. Undertake mangrove reforestation activities. 1.5.2. Conduct regular coastal clean up. 1.6. Establish institutional mechanism for disaster preparedness and response to deal with events such as oil spills and ship groundings. 1.6.1. Put up a quick response team among the Philippine Navy, Philippine Coast Guard, and the PNP-Maritime Group to deal with oil spills and ship groundings. 1.6.2. Mandate the shipping companies and other related industry players to establish their own quick response teams to support their operations. 1.6.3. Create a Marine Environmental Protection Fund from the environmental protection fees of marine industry players to support the environmental protection operation and activities of relevant government agencies.
2. Management and utilization of marine assets and resources through bio- geographic and seascape approach to planning and by implementing an integrative and inclusive development programs. 2.1. Develop and implement a national integrated coastal and marine management plan in line with the ridge-to-reef concept. 2.1.1. Establish national programs for assessing and monitoring coastal and marine ecosystems. 2.1.2. Integrate coastal and marine water use plans into the comprehensive land use and forest land use plans of LGUs. 2.1.3. Apply the ecosystem-based approach to the management of fisheries and other marine resources. 2.1.4. Adopt a transboundary policy and regulatory approach to compliment the ecosystem-based approach to the management of fisheries and other marine resources. 2.1.5. Prioritize the protection and management of mangroves, sea grasses, coral reefs, and beaches as a management unit to derive maximum benefits resulting in synergistic interactions of these four ecosystems that enhance marine productivity (PDP 2011-2016). 2.1.6. Implement relevant action plans, including, but not limited to, the Coral Triangle Initiative National Plan of Action and the Sulu-Sulawesi Marine Ecoregion (SSME) Conservation Plan which includes designating priority seascapes across the Coral Triangle as geographic focus of sustainable management (PDP 2011-2016). 2.1.7. Pursue the passage of the National Land Use and Water Act.
Volume XV 57 Co et al.
2.2. Complete the delineation of municipal waters for better fishery and other marine resources management using the archipelagic principle (PDP 2011-2016). 2.2.1. Incentivize local government units to enact local ordinances delineating municipal waters (as stipulated under the Fisheries Code). 2.2.2. Provide technical assistance through DILG, NAMRIA, and relevant agencies in delineating and validating municipal waters, especially among municipalities with territorial conflicts. 2.2.3. Ensure fishing interests are considered throughout the delineation process.
3. Development and sustainability of marine and other allied industries 3.1. Develop a safe, secure, efficient, viable, competitive, dependable, integrated, environmentally sustainable, and people-oriented marine transport system. 3.1.1. Ensure all ships are registered with MARINA, particularly inter-island and small community boats (banca). 3.1.2. Strengthen and modernize the Philippine registration of fishing fleets, seafarers, and shipyards. 3.1.3. Improvement of inter-island connectivity through the development of a nautical highway system and roll-on roll-off (ro-ro) terminal system linking the entire country, while ensuring habitat protection (PDP 2011-2016). 3.1.3.1. Review the mandate of the Philippine Ports Authority (PPA), as well as its performance, and study the feasibility of allowing LGUs to develop their own ports to speed up port infrastructure development. 3.1.3.2. Increase the number of ro-ro-enabled ports and ro-ro ferry routes to augment the capacity of existing port infrastructure to carry traffic (PDP 2011-2016). 3.1.3.3. Develop modernization port facilities through PPPs to cater to cruise tourism, both servicing inter-island and international cruise vessels, including the potential establishment of an ASEAN RORO Network (PDP 2011-2016). 3.1.3.4. Enhancement of the one-town one-product program (OTOP) to be authentic and of world-class quality so tourists, visitors, and
58 Public Policy Strategic Direction
passengers of cruise ships will purchase Philippine products. 3.1.4. Sustain the development of globally competitive marine manpower. 3.1.4.1. Review and upgrade current standards for maritime education and training. 3.1.4.2. Provide incentives to top maritime schools. 3.1.4.3. Modernize and streamline procedures for registration, licensing, certification, etc. (Marina 2013). 3.1.4.4. Modernize the practice marine engineering with highest quality and globally competitive standard of professional practice and service. 3.1.4.5. Provide incentives to universities to offer naval architecture and other marine-related engineering courses. 3.1.5. The Philippines as a major center for shipbuilding and repair. 3.1.5.1. Conduct a policy needs assessment to support the shipbuilding industry. 3.2. Develop a competitive, sustainable, and technology-based fisheries sector 3.2.1. Eradicate poverty among coastal and marine communities by raising productivity, efficiency, and incomes of fishery- based households and enterprises to achieve food security. 3.2.1.1. Review the supply and value chains and logistics systems to determine effective points of interventions to make enhancements and eliminate deficiencies. 3.2.1.2. Develop and adopt modern, appropriate, and cost-effective and environmentally-safe fisheries machinery and equipment. 3.2.1.3. Improve access to credit (e.g., strengthen the AFMA-mandated Agro-Industry Modernization Credit Financing Program; PDP 2011-2016). 3.2.1.4. Conduct inventory of foreshore lands to identify, clarify, and mitigate impacts of privatization and commercialization to the environment and the fishing communities. 3.2.2. Develop alternative livelihoods for coastal communities to provide substitute or supplemental income sources. 3.2.2.1. Assess each marine bio-geographic region and its suitability for specific livelihood projects (e.g., commercial fishing, fisherfolk
Volume XV 59 Co et al.
community cooperatives, aquaculture, organic vegetable farming, seaweed farming, processing facilities, fish preservation, etc. (Rosales 2015). 3.2.2.2. Formulate and implement a holistic and citizen welfare-based national plan for the fisheries sector (Rosales 2015). 3.3. Facilitate the establishment of sustainable offshore extraction facilities for energy supply and economic opportunities (Bito-onon 2015). 3.3.1. Promote the development of and reliance for alternative energy sources using the marine environment, such as ocean current, solar, etc. 3.3.2. Harness the potential of public-private partnerships in the development of sustainable offshore extraction facilities. 3.3.3. Harness the economic potential of both environmentally- sound and supply-sustainable offshore mineral extraction. 3.3.4. Explore seascapes, such as Benham Rise, with potential oil and gas deposits (Rosales 2015).
Pillar IV: Marine Security
Strategic Outcome
Enhanced security of the country’s different marine assets and zones to protect the integrity of the Philippines as a nation from all threats either external or internal
Strategies
1. Reinforce and heighten defense against external armed threats and internal insurgencies by upgrading air and maritime capability. 1.1. Modernize the Armed Forces of the Philippines and other law enforcement agencies, concentrating on the strengthening of the navy and the air force (Kraft et al. 2015) through proper investments in floating assets and air assets, technology, and equipment, and monitoring technology and increasing qualified personnel and resources for the Philippine Navy and the Philippine Coast Guard and the Philippine National Police-Maritime Group. 1.2. Develop a self-reliant defense industrial base, or enter into a partnership with friendly countries in the development of one (Kraft et al. 2015).
60 Public Policy Strategic Direction
1.3. Explore and create opportunities for an ASEAN peacekeeping effort, such as through the establishment of a peaceful eco-tourism operation within the KIG (Bito-onon) and the conduct of regular border patrol efforts among the Philippines and its neighboring states (Ong 2016 Interview). 1.4. Strengthen civilian control and oversight of the security sector through reforms in the defense and law enforcement agencies (National Security Policy 2011-2016). 1.5. Enhance the oversight function of the legislative branch, and capacitate the civilians in government and civil society organizations to oversee the security sector (National Security Policy 2011-2016).
2. Promote safety of life and property at sea within the maritime jurisdiction of the Philippines.
2.1. Invest in capability improvement to ensure safe navigation through suitable aids to navigation, vessel traffic system, and maritime communications (e.g., construction of light houses, provision of radio and other modern communication systems). 2.2. Put in place proactive efforts to effectively mitigate the consequences to people, environment, and the economy of marine casualties and disastrous events. 2.3. Establish an integrated maritime border surveillance and management to prevent illegal movement of goods and people. 2.4. Develop common operating protocol among law enforcement agencies/units of LGUs/NGAs, and ensure interoperability between LEA and the AFP through regular conduct of peacetime mobilization exercises. 2.5. Capitalize on existing relations with the United States and Australia in developing maritime capabilities through equipment upgrade and regular bilateral exercises. 2.6. Strengthen border patrol arrangements with Indonesia, and replicate or explore similar arrangements with other neighboring countries with overlapping EEZs with the Philippines. 2.7. Equip fisherfolk organizations with boats that could navigate the high seas and sophisticated communication equipment and integrate them into the communication network of LEAs and the AFP.
Volume XV 61 Co et al.
Crosscutting Policies
Strategic Outcome
Resilient marine ecosystems and adaptable coastal communities through research-based and properly implemented programs and tools
Strategies
1. Implement programs and tools to support and respond to climate change and disaster risk incidents especially for fishers and marine businesses/ enterprises. 1.1. Implement easements and ecological buffer zones as a strategy in managing risks. Mandatory statutory easements can be extended depending on the extent and magnitude of hazards due to climate change and disasters. 1.2. Rehabilitate wetlands and mangrove areas. 1.3. Establish early warning systems and contingency plans for coastal- related hazards (i.e., coastal flooding and storm surges). 2. Address pressures on marine ecosystems to build resilience to climate change and disaster risks. 3. Conduct continuing studies on indicator marine species as well as on coral reefs, mangroves, and sea grass habitats at the community and/or local level. 4. Develop an up-to-date knowledge and information hub on climate change impacts and disaster risks that combines science-based knowledge and traditional/local knowledge. 5. Utilize new generation ecosystem models for the determination of multiple climate change and disaster risk pressures towards an integrated ecosystem-based management of marine ecosystem.
62 Public Policy Strategic Direction
References
Alave, Kristine L. 2012. “UN Approves PH Territorial Claim to Benham Rise.” Philippine Daily Inquirer. Ardron, Jeff, Kristina Gjerde, Sian Pullen, and Virginie Tilot. 2008. “Marine Spatial Planning in the High Seas.” Marine Policy 32(5):832-39. Asian Development Bank. 2014. “ASEAN 2030: Toward a Borderless Economic Community.” ———. 2015a. “Remarks at the 19th ASEAN Finance Ministers’ Meeting - Takehiko Nakao.” ———. 2015b. “ASEAN Economic Community: 12 Things to Know.” Australian Institute of Marine Science. 2015. Strategic Plan 2015-25: Research Supporting Environmental Sustainability and Economic Growth in Australia’s Tropical Oceans. Townsville: Australian Institute of Marine Science. http:// www.aims.gov.au/documents/30301/0/AIMS+Strategic+Plan+2015- 2025/129ff5ff-2c82-49aa-9030-f5ce0530a017. Bateman, Sam. 2011. “Managing the South China Sea: Sovereignty is not the Issue.” RSIS Commentaries No. 136 (September 29). https://www.rsis.edu.sg/ wp-content/uploads/2014/07/CO11136.pdf. Batongbacal, Jay L. 2000. “Re-Inventing the National Marine Policy of the Philippines.” Tropical Coasts 7(2): 32-38. http://pemsea.org/dev/sites/default/ files/tc-v7n2.pdf. ———. 2013. “The Dangers of Neglected Marine Policies.” Commentary, Philippine Daily Inquirer. ———. n. d. “Reformulating the National Marine Policy.” http://arcoastnews. tripod.com/issue1/htmls/reformulating.htm. Baxter, Tom. 2006. “Legal Protection for the Great Barrier Reef World Heritage Area.” Macquarie Journal of International and Comparative Environmental Law 3(1): 67-82. http://www.austlii.edu.au/au/journals/MqJICEL/2006/3.html. Beckman, Robert. 2012. “The China-Philippines Dispute in the South China Sea: Does Beijing Have a Legitimate Claim?” RSIS Commentaries No. 036 (March 7). https://www.rsis.edu.sg/wp-content/uploads/2014/07/CO12036.pdf. Beem, Betsi. 2012. “How Do Treaties Configure Domestic Politics?” University of Sydney. Bersales, Lisa Grace S. 2014. “A 142 Million Philippine Population by 2045?” Philippine Statistics Authority, July 28. https://psa.gov.ph/content/142- million-philippine-population-2045. Cabral, Reniel B., Porfirio M. Aliño, Adrian Chester M. Balingit, Christian M. Alis,
Volume XV 63 Co et al.
Hazel O. Arceo, Cleto L. Nañola Jr., Rollan C. Geronimo, and MSN Partners. 2014. “The Philippine Marine Protected Area (MPA) Database.” Philippine Science Letters 7(2):300-08. Carpenter, Kent E. and Victor G. Springer. 2005. “The Center of the Center of Marine Shore Fish Diversity: The Philippine Islands.” Environmental Biology of Fishes 72:467-80. Christie, Patrick, Alan White, and Evelyn Deguit. 2002. “Starting Point or Solution? Community-based Marine Protected Areas in the Philippines.” Journal of Environmental Management 66(4):441-54. Cicin-Sain, Biliana and Stefano Belfiore. 2005. “Linking Marine Protected Areas to Integrated Coastal and Ocean Management: A Review of Theory and Practice.” Ocean & Coastal Management 48(11):847-68. CIDS ed. The National Marine Policy Scoping Workshop. 2015. Print. Cohen, Julie. 2016. “Better Global Ocean Management.” The Current. University of California Santa Barbara. March 28. http://www.news.ucsb.edu/2016/016603/ better-global-ocean-management. Colmenares, Serafin P. Jr. 1990. “Philippine Territorial Claims: Problems and Prospects.” Philippine Studies Discussion Paper No. 6. Paper presented during the Philippine Studies Colloquium, Center for Philippine Studies, University of Hawaii at Manoa, Honolulu, Hawaii, March 9. http://hdl.handle. net/10125/20270. Commonwealth of Australia. 2015. Reef 2050 Long-Term Sustainability Plan. https:// www.environment.gov.au/system/files/resources/d98b3e53-146b-4b9c-a84a- 2a22454b9a83/files/reef-2050-long-term-sustainability-plan.pdf. Congress of the Philippines. 2009. “Republic Act No. 9522: An Act to Amend certain Provisions of Republic Act No. 3046, as Amended by Republic Act No. 5446, to Define the Archipelagic Baseline of the Philippines and for other Purposes.” March 10. Coral Triangle Initiative. 2014. Coral Triangle Initiative on Coral Reefs, Fisheries and Food: Republic of the Philippines. REPORT David, Laura T., Roselle Borja-Del Rosario, Eileen L. Peñaflor, Kristina Cordero- Bailey, Cesar L. Villanoy, Porfirio M. Aliño, Flaviana Hilario, Rosalina de Guzman, and Wilfredo Rhoel Licuanan. 2015. “Developing a Philippine Climate-Ocean Typology as Input to National Vulnerability Assessments.” In Proceedings of the 2015 Asian Conference on Remote Sensing, Manila, Philippines. http://www.a-a-r-s.org/acrs/index.php/acrs/acrs-overview/proceedings-1. Department of the Environment and Natural Resources. 2004. ArcDev: A Framework for Sustainable Philippine Archipelagic Development: Revaluing Our Maritime Heritage and Affirming the Unity of Land and Sea. Quezon City:
64 Public Policy Strategic Direction
Department of the Environment and Natural Resources. ———. 2015. “DENR Unveils 5-year Project to Boost Marine Key Biodiversity Areas.” 29 May. http://www.denr.gov.ph/news-and-features/latest- news/2207-denr-unveils-5-year-project-to-boost-marine-key-biodiversity- areas.html. Depondt, Florence and Edmund Green. 2006. “Diving User Fees and the Financial Sustainability of Marine Protected Areas: Opportunities and Impediments.” Ocean & Coastal Management 49(3):188-202. Drigot, Diane C. 1982. “Oil Interests and the Law of the Sea: The Case of the Philippines.” Ocean Development & International Law 12(1-2):23-70. Dunham, Will. 2015. “PHL 3rd in List of Countries with the Most Ocean Plastic Pollution.” GMA News Online. February 13. http://www.gmanetwork.com/ news/story/435190/scitech/science/phl-3rd-in-list-of-countries-with-the- most-ocean-plastic-pollution. Esmaquel, Paterno II. 2012. “Benham Rise: PH’s new territory off Aurora.” Rappler, updated May 31, 2014. http://www.rappler.com/nation/4617-sea- plateau-expands-ph,-bigger-than-luzon. Fabinyi, Michael, Michael Pido, Eva Marie Ponce de Leon, Mary Aileen De las Alas, Jose Buenconsejo, Arselene Uyami-Bitara, Babylyn Harani, and Jennelyn Caceres. 2014. “Fisheries Trade and Social Development in the Philippine- Malaysia Maritime Border Zone.” Development Policy Review 32(6):715-32. DOI: 10.1111/dpr.12086. Garcia, Michael. 2005. “Progress in the Implementation of the Philippines National Marine Policy: Issues and Options.” United Nations – The Nippon Foundation. http://www.un.org/depts/los/nippon/unnff_programme_ home/fellows_pages/fellows_papers/garcia_0506_philippines.pdf. Gloria, Mira. “Philippines not producing enough scientists — USAID.” 2016. Web. March 21, 2016. Greenpeace. 2013. “Philippine Seas: Our Seas are among the World’s Most Diverse…but They are also among the Most Threatened.” Hassanali, Kahlil. 2014. “Introducing Integrated Coastal Zone Management (ICZM) to Trinidad and Tobago.” Presentation. United Nations – The Nippon Foundation. http://www.un.org/depts/los/nippon/unnff_programme_ home/fellows_pages/fellows_papers/Hassanali_1314_T&T_PPT.pdf. Hoegh-Guldberg, O., P. J. Mumby, A. J. Hooten, R. S. Steneck, P. Greenfield, E. Gomez, C. D. Harvell, P. F. Sale, A. J. Edwards, K. Caldeira, N. Knowlton, C. M. Eakin, R. Iglesias-Prieto, N. Muthiga, R. H. Bradbury, A. Dubi, and M. E. Hatziolos. 2007. “Coral Reefs under Rapid Climate Change and Ocean Acidification.” Science 318(5857):1737-42. DOI: 10.1126/science.1152509.
Volume XV 65 Co et al.
Horigue, Vera, Porfirio M. Aliño, Alan T. White, and Robert L. Pressey. 2012. “Marine Protected Area Networks in the Philippines: Trends and Challenges for Establishment and Governance.” Ocean & Coastal Management 64 (August):15-26. doi:10.1016/j.ocecoaman.2012.04.012. Jambeck, Jenna R., Roland Geyer, Chris Wilcox, Theodore R. Siegler, Miriam Perryman, Anthony Andrady, Ramani Narayan, and Kara Lavender Law. 2015. “Plastic Waste Inputs from Land into the Ocean.” Science 347(6223): 768- 71. DOI: 10.1126/science.1260352. Kelleher, G. 2000. “The Development and Establishment of Coral Reef Marine Protected Areas.” Proceedings of the Ninth International Coral Reef Symposium 2: 609-13. Larsen, Rasmus Klocker, Jo Marie Acebes, and Alejandro Belen. 2010. “Philippines Integrated Coastal Management: Diverging Stakeholder Agendas and Elite Co-option in the Babuyan Islands.” Stockholm Environment Institute, Working Paper - 2010. https://www.sei-international.org/mediamanager/documents/ Publications/SEI-WorkingPaper-Larsen-PhilippineIntegratedCoastalMana gement.pdf. Lobrigo, Enrico, and Thomas Pawlik. 2015. “Maritime Policy and the Seafaring Labor Market.” WMU Journal of Maritime Affairs 14(1):123-39. Macaranas, Den. 2016. “PH has 400 more Islands, Says Mapping Agency— Report.” Inquirer.net, February 13. http://newsinfo.inquirer.net/764500/ph- has-400-more-islands-says-mapping-agency-report. Masipiqueña, Andres B. and W. de Jong. 2008. “Transboundary Resource Management: The Case of the Marine Turtle Conservation in the Philippines.” In Transborder Environmental and Natural Resource Management, edited by Wil de Jong. Kyoto, Japan: Center for Integrated Area Studies, Kyoto University. McGranahan, Gordon, Deborah Balk, and Bridget Anderson. 2007. “The Rising Tide: Assessing the Risks of Climate Change and Human Settlements in Low Elevation Coastal Zones.” Environment and Urbanization 19(1):17-37. Nathan, Ari. 2000. “Developing National Coastal, Marine and Ocean Policies.” Tropical Coasts 7(2). Naz, A. C. 2013. “The State of the Philippines Environment: An Update on Chapter 4 of the 1994 Philippine Human Development Report.” Human Development Network Discussion Paper Series No. 10. http://hdn.org.ph/wp-content/uploads/ DP_10_Naz.pdf. National Ocean Council, Executive Office of the President. 2013. “National Ocean Policy Implementation Plan.” https://www.whitehouse.gov/sites/default/ files/national_ocean_policy_implementation_plan.pdf. Palawan State University, Center for Strategic Policy and Governance. 2011.
66 Public Policy Strategic Direction
Review of National Laws and Legislations in the Philippines in Relation to Ecosystem Approach to Fisheries Management (EAFM). Honolulu, Hawaii: The USAID Coral Triangle Support Partnership. http://pdf.usaid.gov/pdf_docs/PA00JHF4. pdf. Palma, Mary Ann. 2010. “Philippine Maritime Challenges and Priorities.” In Maritime Challenges and Priorities in Asia. Report of a conference organized by the S. Rajaratnam School of International Studies, Nanyang Technological University, Singapore, January 20-12. Pasig River Rehabilitation. 2010. “The ‘Sachet Economy’ in the Philippines and Its Hidden Costs.” Pedrosa, Carmen N. 2015. “The Forgotten Treaty of Paris.” The Philippine Star, Opinion, August 1. Pido, Michael. 2015. “Poaching in Philippine Marine Waters: Intrusion of Chinese Fishing Vessels in Palawan Water.” Pomeroy, Robert S. and Fikret Berkes. 1997. “Two to Tango: The Role of Government in Fisheries Co-management.” Marine Policy 21(5):465-80. Pomeroy, Robert S., Michael D. Pido, John Francisco A. Pontillas, Benjamin S. Francisco, Alan T. White, Eva Marie C. Ponce De Leon, and Geronimo T. Silvestre. 2008. “Evaluation of Policy Options for the Live Reef Food Fish Trade in the Province of Palawan, Western Philippines.” Marine Policy 32(1): 55-65. President of the Philippines. 1981. “Executive Order No. 738, s. 1981: Establishing Cabinet Committee on the Treaty on the Law of the Sea.” http://www.gov. ph/1981/10/03/executive-order-no-738-s-1981. ———. 2006. “Executive Order No. 533, s. 2006: Adopting Integrated Coastal Management as a National Strategy to Ensure the Sustainable Development of the Country’s Coastal and Marine Environment and Resources and Establishing Supporting Mechanisms for its Implementation.” http://www. gov.ph/2006/06/06/executive-order-no-533-s-2006. ———. 2009. “Executive Order No. 797, s. 2009: Adopting the Coral Triangle Initiative (CTI) National Plan of Action.” http://www.gov.ph/2009/05/06/ executive-order-no-797-s-2009. ———. 2011. “Executive Order No. 57, s. 2011: Establishing a National Coast Watch System, Providing for its Structure and Defining the Roles and Responsibilities of Member Agencies in Providing Coordinated Inter- Agency Maritime Security Operations and for other Purposes.” http://www. gov.ph/2011/09/06/executive-order-no-57-s-2011. ———. 2015. “Executive Order No. 186, s. 2015: Transferring the Jurisdiction, Control, Administration and Management of the Watershed Areas of
Volume XV 67 Co et al.
Geothermal Reservations Vested in the Philippine National Oil Company pursuant to Executive Order No. 223 (S. 1987) and Proclamation No. 853 (S. 1992).” http://www.gov.ph/2015/07/08/executive-order-no-186-s-2015. Ranada, Pia . 2015a. “Senate Passes Bill to Protect 97 Ecologically Important Areas.” Rappler, July 29. ———. 2015b. “72% Filipinos ‘Very Concerned’ about Climate Change - Survey” Rappler, August 3. Reaser, Jamie K., Rafe Pomerance, and Peter O. Thomas. 2000. “Coral Bleaching and Global Climate Change: Scientific Findings and Policy Recommendations.” Conservation Biology 14(5):1500-11. Russ, Garry R. and Angel C. Alcala. 1999. “Management Histories of Sumilon and Apo Marine Reserves, Philippines, and Their Influence on National Marine Resource Policy.” Coral Reefs 18(4):307-19. Tongzon, Jose L., and Sang-Yoon Lee. 2015. “The Challenges of Economic Integration: The Case of Shipping in ASEAN Countries.” The Pacific Review 28(4):483-504. Townsend-Gailt, Ian. 2000. “A Cooperative Approach to the South China Sea Conflict.” Tropical Coasts 7(2). Unite, Betheena Kae. 2015. “Overfishing Observed in 75% of PH.” Manila Bulletin, August 15. United Nations. 1982. “1982 United Nations Convention on the Law of the Sea.” Montego Bay, Jamaica. United Nations Environment Programme. 2006. “Ecosystem-based Management Markers for Assessing Progress.” Expert report commissioned by the UNEP Coordination Office of the Global Programme of Action for the Protection of the Marine Environment from Land-based Activities (GPA). United Nations, Human Security Unit. 2003. “Human Security in Theory and Practice: An Overview of the Human Security Concept and the United Nations Trust Fund for Human Security.” http://www.un.org/humansecurity/ sites/www.un.org.humansecurity/files/human_security_in_theory_and_ practice_english.pdf. Vilondo. 2016. “The Balinese Environment: On the Edge of Destruction?” Vilondo.com, March 13. Wedding, L. M., A. M. Friedlander, J. N. Kittinger, L. Watling, S. D. Gaines, M. Bennett, S. M. Hardy, and C. R. Smith. 2013. “From Principles to Practice: A Spatial Approach to Systematic Conservation Planning in the Deep Sea.” Proceedings of the Royal Society of London B: Biological Sciences 280(1773). DOI: 10.1098/rspb.2013.1684. World Bank. 2001. “What is Sustainable Development?” The World Bank Group.
68 Public Policy Strategic Direction
http://www.worldbank.org/depweb/english/sd.html. World Wide Fund for Nature -Philippines. 2015. “Donsol, Sorsogon: Species and Ecotourism.” December 10. http://www.wwf.org.ph/what-we-do/donsol- sorsogon/ Xiang, Jianhai, ed. 2010. Marine Science and Technology in China: A Roadmap to 2050. Berlin: Springer-Verlag.
Volume XV 69
Appendices Appendix 1 A Brief History of the NCWC Executive Order Members Main mandate CABCOM-LOS EO 738, S. of 1981 Minister of Foreign Affairs (Chair) Implementation of the Treaty Minister of National Defense on the Law on the Sea with Minister of Natural Resources respect to political, Minister of Energy economic, strategic, security, Minister of Justice and other Director-General of the National Economic implications Development Authority
EO 238, S. of 1988 Secretary of Foreign Affairs (Chair) Secretary of ENR (Vice-Chair) Sec of Finance Sec of Justice Sec of Agriculture Sec of National Defense Sec of Trade and Industry Sec of Transportation and Communications Director-Gen, NEDA Sec of Budget and Management Executive Sec Sec of Science and Tech
CABCOM-MOA EO 186, S. of 1994 Secretary of Foreign Affairs (Chair) Formulate policies and Secretary of ENR (Vice-Chair) strategies regarding maritime Sec of Finance and ocean concerns in Sec of Justice agreement with the provision Sec of Agriculture of UNCLOS Sec of National Defense Sec of Trade and Industry Sec of Transportation and Communications Director-Gen, NEDA Sec of Budget and Management Executive Sec Sec of Science and Tech EO 132, S. of 1999 1. Secretary of Foreign Affairs (Chair) 2. Exec Secretary 3. DG of the National Security Council 4. Sec of National Defense 5. Secretary of ENR 6. Sec of Agriculture 7. DG of NEDA/Sec of Socio-Economic Planning 8. Sec of Science and Tech 9. Sec of Transportation and Communications 10. Sec of Energy 11. Sec of Trade and Industry 12. Sec of Justice 13. Sec of Finance 14. Sec of Budget and Management 15. Sec of Interior and Local Govt 16. Sec of Labor and Employment 17. Sec of Tourism Functions of Secretariat Remarks a. Act as the supportive and administrative body of the Cabinet Committee on the Under EO No. 1034, S. of 1985, Treaty on the Law of the Sea as it affects the Philippines; the Secretariat was transferred b. Formulate the necessary administrative and other procedural rules and to the Secretary-General, Office regulations for the internal management of the Cabinet Committee; of the Prime Minister, making the c. Prepare, in consultation and in coordination with the other concerned agencies, Prime Minister the chairman of the the administrative, technical and other technological requirements necessary for committee. Then Finance Minister the effective and efficient management of the 200-mile Exclusive Economic Zone Cesar Virata held the position until (EEZ) and to issue and disseminate these to the other concerned agencies; he left government in 1986. In 1987, d. Prepare, in consultation and in coordination with other concerned agencies, under EO. 239, after the Office of short, medium, and long-term plans for the effective and efficient development, the Prime Minister was defunct, conservation and protection of the 200-mile EEZ; the Secretariat was moved to the e. Monitor and coordinate the activities of the other concerned agencies in the Department of Foreign Affairs. implementation of the Treaty on the Law of the Sea; f. Prepare the groundwork for any negotiation with other countries in matters concerning overlapping of boundaries, fisheries, energy, mineral and other agreements relating to the conservation, protection and exploitation, development, and management of the 200-mile EEZ; and g. Render a regular and periodic report on its activities. a. Act as the supportive and administrative body of the Cabinet Committee as it This is a reconstitution of affects the Philippines; CABCOM-LOS to address the b. Formulate the necessary administrative and other procedural rules and regulations newly-reorganized government. An for the internal management of the Cabinet Committee; additional six members were added c. Prepare, in consultation and coordination with the other concerned agencies, the to the committee. administrative, technical and other technological requirements necessary for the effective and efficient management of the 200-mile Exclusive Economic Zone (EEZ) and to issue and disseminate the same; d. Prepare, in consultation and in coordination with the other concerned agencies, short, medium, and long-term plans for the effective and efficient development, conservation and protection of the 200-mile EEZ; e. Monitor and coordinate agencies in the implementation of the United Nations Convention on the Law of the Sea; f. Prepare the groundwork for any negotiation with other countries on matters concerning overlapping of boundaries, fisheries, energy, mineral and other agreements relating to the conservation, protection and exploitation, development and management of the 200-mile EEZ; g. Render a regular and periodic report on its activities; and h. Perform such other duties as the Cabinet Committee may entrust to it.
CABCOM-MOA has a separate Maritime Affairs Research Community which focuses on four aspects, namely: 1) Law, Administration and Enforcement, 2) Marine Economy and Technology, 3) Diplomacy and Security, and 4) Environment, Coastal Management and Education.
a. To formulate and recommend a national maritime policy to the President; CABOM-MOA’s secretariat was b. To coordinate the implementation of such policy and periodically evaluate and reconstituted and renamed as refine it as necessary; the Maritime and Ocean Affairs c. To identify and develop policy options in implementing international agreements Center. CABCOM was supported on the oceans, as well as non-binding instruments, to which the Philippines is a by a technical committee party or signatory; (TechCom-MOA). This committee d. To recommend policies, programs, and special projects necessary to advance the was responsible for all research national interest and fulfil international commitments relative to the sustainable and technical work. It also assists use of ocean resources and marine environmental protection, legislators in drafting bills relevant e. To formulate and recommend programs, and special projects to enhance the to maritime and ocean affairs. integrated and coordinated management of the maritime and oceans interests of Among the main project of the the Philippines, particularly in: former TechCom-MOA was the Study 1. the protection of the archipelago, including the defense of the national for the Delineation of the Outer territory, and the development of national capabilities to protect its marine Limits of the Philippine Continental resources; Shelf 2. the protection, conservation, and preservation of the marine environment and ocean resources through the proper management of human activities within its maritime jurisdiction; 3. the development and promotion of Philippine interests in shipping, seafaring, fishing, extraction of mineral and energy resources, and other ocean-based industries. f. To formulate programs, coordinate and/or undertake activities to promote the archipelagic consciousness in the country especially among the coastal communities. MOAC a. Serve as the Secretariat to the Department of Foreign Affairs on maritime and DFA will have these functions: ocean affairs and provide assistance and administrative support to the Secretary With regard to maritime and ocean of Foreign Affairs with regard to maritime and ocean matters; affairs, the DFA shall have the b. Promote the development of national capabilities and institutions including human following functions: resources, for maritime and ocean affairs; a. Oversee and coordinate the c. Undertake, or cause to be undertaken, the following: implementation of the National 1. consultations with any government agency, concerned maritime and ocean Marine Policy and periodically sectors, non-government organizations, evaluate and update it as 2. academe, and/or the general public, on any maritime related matters as necessary; may be deemed necessary; b. Formulate and recommend 3. research programs and policy studies on any and/or all maritime sectors as programs and special projects may be needed including those for regulatory, governmental, strategic, or to enhance the integrated and maritime security purposes; coordinated management of 4. initiate steps to harmonize and/or update domestic legislation and rules and maritime and ocean interests of the Regulations with international agreements or non-binding instruments to Philippines, particularly in: which the Philippines is a party; 1. the protection of the 5. research, data gathering, information acquisition, and preparation for any archipelago, including negotiation or other modes of dispute settlement with other countries in promotion of maritime matters concerning the delineation/delimitation of territorial and maritime security in relation to boundaries, fisheries, energy and mineral exploration, and exploitation in the national territory and the ocean, or other agreements relating to the conservation, exploration, maritime jurisdictions exploitation, protection, development, and/or management of marine and the development of resources within the archipelagic waters, territorial seas and exclusive national capabilities to economic zone as well as areas as adjacent to the latter. preserve and manage its d. Create and maintain a central database on maritime and ocean affairs, as well marine resources; as an information-gathering system in the form of the MOAC-GIS, in support of 2. the prevention of the maritime and ocean policy and decision-making and implementation; degradation of the marine e. Identify, network with, and mobilize national and/or international expertise and environment and ocean institutions in support of or to assist the Government in maritime and ocean policy resources through the and decision making and implementation; proper management of f. Undertake, or cause to be undertaken, activities necessary to raise the national human activities within its archipelagic consciousness and communicate, and publicize in a coordinated maritime jurisdiction; manner, national maritime and ocean interests and issues; 3. the development and g. Coordinate the participation of the appropriate agencies of government in promotion of Philippine international fora, meetings, and conferences that are relevant to the maritime interests in shipping, and ocean interests of the Philippines. seafaring, fisheries h. Render a regular report to the Secretary of Foreign Affairs, on all activities exploitation and extraction undertaken by the Center. of mineral and energy i. Source out and avail of grants, endowments or donations from foreign or local resources, and other entities in accordance with existing laws to be applied to projects or programs ocean-based industries. and studies to implement the policies or directives of the Department of Foreign c. Identify and develop policy Affairs in connection with maritime and ocean affairs. options in implementing international agreements on the oceans, as well as non- binding instruments, to which the Philippines is a party or signatory; d. Recommend policies, programs, and special projects necessary to advance the national interest and fulfill international commitments relative to the sustainable use of ocean resources and marine scientific research; e. Source foreign technical and other assistance for projects, in coordination with relevant agencies of the government on the small-scale use of marine resources by subsistence fishermen and their associations to further improve methods of fishing, fish-farming, aquaculture, and marine-related industries which directly help them augment incomes while conserving resources and protecting the environment. f. Formulate programs, coordinate and/or undertake activities to promote the archipelagic consciousness in the country. CMOA EO 612, S of 2007 Executive Sec (Chair) Overall jurisdiction and Sec of FA (Vice Chair) direction over policy- Sec of Justice (Vice Chair) formulation, implementation DND and coordination with other NSC departments and experts, DENR both foreign as well as local, DBM on maritime issues. DOTC DOT DTI DA-BFAR SolGen Chief Presidential Legal Counsel NAMRIA PCG NCWS EO 57, S of 2011 NCW Council: NCW System is the central 1. Exec Sec (Chair) mechanism for a coordinated 2. Sec of TC and coherent approach on 3. Sec of ND maritime issues and maritime 4. Sec of FA security operations towards 5. Sec of ILG enhancing governance in the 6. SOJ country’s maritime domain 7. SOE 8. SOF 9. SENR 10. Sec of Agriculture
Support Agencies DFA served as the main agency “in the conduct of the Philippines’ participation in international meetings, conferences, and negotiations on maritime and oceans policy including maritime boundary delimitation. It shall also function as the Secretariat of the CMOA.”
The Council shall be the central inter-agency body which shall be in charge of for- The National Coast Watch System has a mulating strategic direction and policy guidance for the NCWS. The Council shall Council, Secretariat and a Center. further have the following powers and functions: The Secretariat’s functions are: a. Provide strategic direction and policy guidelines for NCWS maritime security a. Provide consultative research and administrative services to the operations, and multinational and cross-border cooperation on maritime Council; security; b. Assist the Council in proposing b. Conduct periodic review of maritime security operations and render periodic and reviewing legislative and reports to the President and the National Security Council (NSC); administrative issuances on maritime security; c. Recommend to the President policies and procedures in managing and secur- c. Assist inter-agency committees ing the country’s maritime domain, as well as the issuance of administrative and working groups created by the rules and regulations to enhance maritime security in the Philippines; Council in the performance of their d. Harmonize capability plans and fund requirements relative to maritime respective mandates, including the provision of administrative, security missions; technical and secretariat support; e. Harmonize and coordinate the roles and relationships of different govern- and ment agencies, pursuant to their mandates, relative to the policy direction d. Perform such other functions and of maritime security and governance framework as may be determined by tasks as the Council may direct. the Council; The Secretariat shall be headed by an Executive Director, who shall f. Convene or dissolve, as the need arises, inter-agency committees and/or be appointed by the Chairperson, working groups to assist the Council in the performance of its functions; upon the recommendation of the g. Exercise overall jurisdiction and direction over policy-formulation, imple- Council. The Council shall determine the personnel requirements of mentation and coordination with other government agencies, experts and the Secretariat in accordance organizations, both foreign and local, on all maritime issues affecting the with applicable laws, rules and country; regulations. h. Enlist and/or require the support and/or assistance of any department, bureau or agency of the government in the pursuit of its mandates and Meanwhile, the Center’s functions are: a. Gather, consolidate, synthesize and functions; disseminate information relevant to i. Promulgate rules and regulations as may be necessary for the Council to maritime security; perform its mandate under this Executive Order; and b. Develop and maintain effective communications and information j. Perform such other functions as may be deemed necessary by the systems to enhance inter-agency Chairperson for the effective discharge of its mandate or as may be directed coordination in maritime security by the President operations; c. Coordinate the conduct of maritime surveillance or response operations upon the request of a member agency or when an exigency arises; d. Plan, coordinate, monitor, evaluate, document and report on the conduct of maritime security operations; e. When so authorized by the Council, coordinate cross-border and multinational maritime security cooperation; f. Coordinate support for the prosecution of apprehended violators; g. Develop a common operating picture to enhance maritime situational awareness; h. Conduct periodic assessments on maritime security; i. When so authorized by the Council, and in coordination with the Department of Foreign Affairs, initiate cross-border and multinational maritime security cooperation; and j. Perform such other functions as may be directed by the Council. k. The Center shall be established in and headed by the Philippine Coast Guard (PCG). Appendix 2 Scoping Workshop
PROGRAM OUTLINE NATIONAL MARINE POLICY REVIEW 1ST SCOPING WORKSHOP Heritage Hotel, Roxas Blvd. corner EDSA, Pasay City 11 May 2015
Program of Activities 8:00 Registration (National Coast Watch Council) 9:00 Welcoming Remarks Mr. Jesse Pascasio Director for Strategic Planning and Communications, NCWC Secretariat Introduction of the plenary facilitator Dr. Edna E. A. Co Executive Director, UP Center for Integrative and Development Studies 9:10 Introduction to the NMP Review USec. Jose Luis Alano Executive Director, NCWC Secretariat 9:25 Presentation on the Framework of the NMP Review Introduction of the Experts Panel Dr. Edna E. A. Co Executive Director, UP CIDS 10:15 Question and Answer (clarifications) Mr. Jesse Pascasio NCWC Secretariat 10:45 Guidelines and Instructions for the Breakout Sessions Atty. Marilyn Barua-Yap Secretary General, House of Representatives 11:15 Working Lunch/Breakout Sessions 12:30 Parallel Breakout Sessions • Political and Jurisdictional Policy Area Edgardo Pangilinan Deputy Secretary General House of Representatives • Area Development and Conservation Policy Dr. Marie Antonette Juinio-Meñez Professor, Director UP Marine Science Institute • Area Regulation and Enforcement Policy Dr. Edna E. A. Co Executive Director, UP CIDS • Maritime Security Policy Mr. Jesse Pascasio NCWC Secretariat 15:30 Afternoon break 16:00 Plenary: Summary presentations from each breakout session Atty. Marilyn Barua-Yap Secretary General, House of Representatives 17:00 End of Workshop
Atty. Marilyn Barua-Yap Master of Ceremonies and Plenary Facilitator Guidelines for facilitators in the breakout sessions
The aim of the breakout sessions is to ascertain the role the 1994 NMP has thus far played within the government agencies – whether directly or indirectly. We have come to learn the NMP was not implemented as a core resource or policy paper within many agencies; so we aim to engage relevant agencies and experts in a discussion of how the NMP was used, and how it could become of benefit and relevance to the development of the Philippines through proper and full application in these agencies. While agencies were sent a matrix to fill out on the uses of the NMP (please find attached), many have not done so and feel that because they have not engaged with the NMP the matrix is not applicable to their specific government body. To combat this we hope this discussion can cover the following points: (NB: please feel free to allow for flowing discussion on these points as we are trying to gather as much information as we can and hope for these groups to ignite future discussion and interest on the project) • Have you (prior to the workshops) had any engagement with the NMP, or has it been used in your department to your knowledge? • If so, how has the NMP been engaged? And how familiar are you with its contents? • Do you believe, based on your understanding of the NMP, that it is integrated into any policy? If so please outline. • How do you feel the review of the NMP should change marine and maritime policy and practice in the future?
Scoping Workshop Highlights
Question and Answer
Commodore Joel Garcia, Philippine Coast Guard:
I would like to provide the historical backdrop. In 1994 the reason why we have this NMP is because of the supposed enforcement of [oplos]. The DFA saw the need for an NMP for the good our country, but the desired outcome is different from today – because of this I recommend looking at the past to recognize what is the system – you asked – how come we have a good NMP but it’s not enforced, but we have the papers on this; USec. Alano mentioned that there are 30+ agencies implementing our marine policy so you could imagine how it is to implement this with 30+ agencies trying to implement. One good example is CABCOM-MOA – it’s a committee with membership of people just like us, but every time they met, the idea was – what’s next – because there was no future direction. They realized as early as 95/6 there was no way to put forward the national maritime agenda without an agency – so it’s nice we now have NCWC. My second suggestion is before we start we need to recognize the rules and regulations related to marine policy – we need the legal basis – which is the available maritime laws – not only international conventions, and go beyond national jurisdiction. Speaking of the seafarers, we need to protect them and provide them safety as well as have absolute advantage on this and the Philippines fishing rights in PNG and South America. While beyond our national jurisdiction, it is important to maintain our position – we are the 3rd largest seafood importer to Europe – so how can we maintain this? We need to identify the industries we have an absolute advantage over other countries and we need to have policy on how to make this an advantage as this is the best way to assert our claim in the South China Sea.
ASec. Raymund Quilop, Department of National Defense: Despite the fact we have the 1994 policy it seems many are not on board- perhaps because of the political context and the others out there. Maritime security is just one of the pillars. Sometimes we have to thank China – it practically brought to the fore the issues of the maritime agenda; for better or worse it’s brought the issue to the heart of the Pilipino. One suggestion, since we’re reviewing the policy, is what if we focus on national maritime policy so all other aspects would be captured? Instead of calling it a marine policy, so it is more inclusive?
[Q]: Regarding the timeline of activities you’ve shown in the PowerPoint; nowhere in activities is revision report writing.Writing is different to reviewing and both should be done. The NMP are general motherhood statements; this is intentional, but we have to bear in mind the policy on the operational level and the conceptual level; the national government has to define the policy.
[Q]: I agree with the concerns from Sir Raymond from DND – I have the same concerns on behalf of myself and the PMG – if we use the word marine or maritime – maritime has bigger perspective to marine.
Mari Ann Acedera, DOST-PCAARRD: For me marine is bigger than maritime, so we look at the NMP as marine resources which cover maritime also. Capt. Pedro Lopez, OTS: The very reason the NMP was published in 1994 is that in January 1994 the Chinese occupied Mischief reef. I observed the fluctuations of the Chinese in that area, so in July that year the NMP came out. The core functions are a protection of maritime resources – during that time the Chinese were already destroying the reefs.
[Q]: Marine is the broader sense to maritime. Maritime is a pillar of marine. If we’re looking for the output- instead of just a revised NMP, why don’t we come up with a national maritime plan as an output? - But before we have a marine strategic plan, we need a maritime policy.
Romulo Ubay, Jr., Department of Foreign Affairs: Being in maritime work since 2004, how can we review the policy if we have not seen it or read it, how can we raise questions on its components without reading it? If we are to review the NMP in the projected timeline of activities presented in the PowerPoint, a better way to conduct the review is with an initial review with problems, etc. with the NMP. But now we start from scratch, so we now have to be aware what the agencies have done with respect to the NMP. Before today I did some research and I can say we [DFA] have done something on the NMP. So the importance of this before we can say we have failed or are successful in implementing the NMP thus far. The output is a review and then proposing a new one – do we have the authority and competence to do this? The NCWC has already assumed the power CABCOM had.
Jesse Pascasio, NCWC: Better discuss in breakout groups.
Summary
Atty. Marilyn Barua-Yap Secretary General House of Representatives
This scoping workshop teaches us a most valuable lesson that for as long as we are willing to work together in an atmosphere of openness, with the willingness to learn from each other and to share with each other as honestly and as openly as we can, any information or any knowledge that we may have, or any insights or opinions that we may harbor in regard to a particular issue, whether it is a policy or an operational issue, then we can surface most of our important concerns that can help provide the roadmaps whereby we build along the way, where progress will work. The participation of diverse stakeholders portrays the extensiveness of the policies we have to pinpoint and scrutinize in this scoping workshop. There is an inherent difficulty in this process, but we successfully synthesized the discourses in the plenary, break-out, and interactive sessions—transecting numerous points and establishing the themes that show prominently in our dialogues. In the end, we have come into common agreements among the break-out session groups representing the four Key Results Areas of the 1994 National Marine Policy: political and jurisdictional policy; area development and conservation policy; area regulatory and enforcement policy; and maritime security policy. In the process of our workshop, we have determined lessons derived from the decades of implementing the National Marine Policy.
Openness and Inclusiveness
Among those highlighted in this workshop is the idea that policy should not be exclusive, but inclusive. It should be inclusive rather than exclusionary, both in terms of crafting and dissemination. While there are many variances in terms of modes of policy development and implementation, the guiding principle is that this should always been inclusionary and never exclusionary. A fair share of information, to the extent that mandates and directives may be followed, should suffice. In relation to this point, all the break out session groups also underscored the idea that while there are hierarchies in our respective agencies, the importance of keeping important information on the higher echelons alone compromises our operational capabilities in terms of enhancing effectiveness and even responsiveness of our operations on the ground.
Integration and Coordination
Another focus would be a review of integrative and coordinative mechanisms. Here, we see coordination as not only in terms of operational or functional relationships among agencies. It is likewise imperative to evaluate the basic points of interactions where inter-agency and multidisciplinary collaboration starts or are governed: the jurisdictional facet of implementation. This idea points to a particular awareness and the need to appreciate better the importance of understanding the legal and regulatory mechanisms governing our policy actions in a particular policy area. The importance of policy mapping in regard to this activity is seen here. While we are focusing on the idea of a marine policy, inclusive of maritime activities, we recognize that this is connected with management, regulation, harnessing, and preservation of our marine and coastal resources. As mentioned, this grand scope prescribes for an implementation that is efficient, essentially streamlined, and reflexive.
Policy and Resource Mapping
We have to map legislation, inclusive of implementing rules and regulations, agency circulars, and memorandum circulars. Clearly, this mapping, this policy mapping of impacting policies and the main policy we are concerned about would give us a springboard for a deeper, more nuanced, and more intelligent assessment of where we are, in terms of regulatory, functional, and jurisdictional mechanisms and delineations in terms of functional jurisdictions. Another integral activity would be area mapping; in particular, resource mapping. We have been talking of maritime resources but the break out group in area development and management policy pointed out a very significant thing: the importance of recognizing contexts—the local, spatial, and geographic characteristics of certain marine resources. This can be covered in a bigger umbrella of resource mapping and, without a resource mapping there cannot be a targeted, focused, systematic, and sustained planning of development, assessment, utilization, and even harnessing on a long-term basis of existing marine resources and how maritime interventions can be put into play in terms of this original marine resources.
Accountability
Our discussion now points us to the idea of accountability, from greater responsiveness to accountability. Given the defined and distinct mandates that each agency and instrumentality of government has in developing, implementing, and evaluating, or even refining our marine-related policies, we must delve into the responsibility that each of us is tasked with. That ‘public office is a public trust’ recalls our answerability to the people. How, therefore, given these vast resource allocation and the occasional systematic glitches, can there be a better refinement of accountability measures? Can we show the people that we are able to follow our mandates? Here, too, we appreciate the importance of jurisdictional mapping. We know our accountableness.
Capability and Capacity Building
In terms of resources, there is a great need of capability or capacity building. Capability building is an expansive term that cuts through the policy areas. It contemplates knowledge-based capability building, especially in particular policy areas. Implementers of policies may have inadequate or lack knowledge of marine resources where the policies ground on. If all our experts have this little appreciation of maritime resources, we are in trouble. We will have to further capability building, both in terms of knowledge-based solutions and infrastructures. This is where an important point surfaced in these discussions: the appropriate harnessing of appropriate technology, in terms of establishing a regime of regulation, management, development, harnessing, and protection of our marine resources.
Sustainability and Transcending Transitions
Another important point raised is the impact of political transitions in policy engineering or to the policy infrastructure. The responsiveness and integrity of a particular policy domain rests in its ability to sustain itself across political transitions. Almost all of the things we are doing should anticipate these transitions. This is where strategic mindset comes in, that we should be able to anticipate possible impacts of transitions in terms of political leadership, so that we can adapt. There is an adaptive capability in terms of policy engineering, policy adjustment, and policy infrastructure.
Responsible Leadership and Inspired Patriotism
In all national endeavors that work towards making government responsible and accountable, the motive power here is the consciousness of the policy leaders, and that is the role of the heads of these agencies. Agency heads are not simply part of the operating mechanisms, they are part of the higher stewards of policies at their fingertips. There is, therefore, the need of a consciousness of oneness and a great measure of patriotism. It seems to be a lost word among many who work in government, the love for the nation, the awareness that when we do not do our work, we diminish and jeopardize the integrity and welfare of the people. With this in mind, we have to have a consciousness that every effort that we put into the overall undertaking of governance counts. Perhaps in the future, we may be going towards a singular maritime policy or we may be moving towards crafting a comprehensive, integrated policy roadmap. This roadmap may put in place a better and integrated strategy in terms of addressing all the issues and concerns for regulation, management, development, harnessing, and protection of our maritime resources and the concomitant maritime activities. Appendix 3 Focus Group Discussion
This section contains the details of the focus group discussions, the mechanics, and the guide questions used to facilitate the conversation.
FGD Area Venue Inclusive Dates Palawan Aziza Paradise Hotel, Puerto Princesa, Palawan November 23-25, 2015 January 11-13, 2016 Davao Waterfront Insular Hotel, Davao City
BFAR Provincial Office, Batan, Batanes Batanes February 14 -17, 2016 Sabtang School of Fisheries, Sabtang, Batanes Zamboanga Garden Orchid Hotel, Zamboanga City February 12, 2016
Focus Group Discussion Mechanics
Objectives
• To learn about the impressions of the local government units and other stakeholders on the current National Marine Policy • To gauge the needs of the stakeholders that the NMP can address • To determine the best possible means that a revised NMP can be operationalized at the local level
Facilitating team
• Moderator/Facilitator (Dr. Edna Co/Atty. Mark Gamboa/Shaira Panela) • Documentors (UP CIDS Research Team) • Logistics (Aries Ivan Viray)
Outline
1. Welcome 2. Introduction a. Briefly discuss the purpose of the FGD (with brief intro about NMP) b. Discussion of ground rules i. Participants should do the talking ii. No right or wrong answers iii. Speak clearly. No one should interrupt the person speaking iv. What is said in the room stays in the room (confidentiality of their identities) v. The session will be recorded vi. Provide time limits for each participant to prevent mic hogging and to allow everyone to talk vii. Ensure that the facilitator understands facilitating rules, i.e., do not interrupt speakers, do not inject personal opinions, speak only to prod participants to speak, and to deepen discussions viii. Note-takers and observers should discreetly identify emerging group-think leaders and those who are not participating to discreetly call the attention of the facilitator to restore order and distribution of speaking privileges 3. Warm-up 4. Introduction of participants 5. Discussion proper 6. Wrap-up 7. Debriefing
FGD Questions
PART 1: Levelling Off
• Bago po ang FGD na ito, alam niyo po o pamilyar po ba kayo sa National Marine Policy ng Pilipinas? • Kung oo, gaano po kayo kapamilyar sa nilalaman nito? • Kung hindi, may mga programa at mga gawain po ba kayo na patungkol sa karagatan? Anu-ano po ang mga iyon?
PART 2: Brief Introduction to the NMP 1994 (focus on the four pillars; put all participants on one page in terms of awareness and appreciation)
PART 3: FGD Proper
1. Base po sa ating napag-usapan ukol sa NMP 1994, ano po ang mga nakikita ninyong mga hakbang ng gobyerno para po matupad yung apat na aspekto ng NMP (political/jurisdiction, development/conservation, regulation/ enforcement, at maritime security)? a. Ano ang epekto ng mga hakbang na ito sa inyong pamayanan? 2. Sa inyong karanasan, may mga nakikita ba kayong kahit anong suporta mula sa pamahalaan, gaya sa pagpaplano, pagpapatupad, pag-monitor, at pag-evaluate ng mga programa at gawain sa NMP? a. Kung mayroon, anu-ano ang mga ito? b. Kung wala, ano ang inyong ginagawa upang mapunan ang mga ito? 3. Sa tingin ninyo, may mga pagkukulang ang mga ginagawa ng gobyerno ukol dito? a. Kung mayroon, anu-ano ang mga iyon? b. Kung wala, ano ang inyong ginagawa upang mapunan ang mga ito? Kung wala, ano sa tingin ninyo ang rason kung bakit may mga kakulangan? c. Sa tingin ninyo, anu-ano ang mga maaaring mangyari kung hindi masolusyunan ang mga kakulangang ito? 4. Sa inyong karanasan, may sistema ba ng koordinasyon o ugnayan sa national government at pamahalaang lokal sa pagpapatupad ng mga programa at gawain ukol sa isyung pangkaragatan? a. Kung mayroon, pakipaliwanag ang sistemang ito? b. Kung wala, ano ang inyong ginagawa upang makipag-ugnayan sa national government para sa mga programang ito? Kung wala, ano ang inyong maaaring suhestiyon para maayos ang sistema ng koordinasyon? 5. Sa lokal na konteksto, may sistema ba ng koordinasyon o ugnayan ang pamahalaang lokal at ang mga sektor ng komunidad sa pagpapatupad ng mga programa at gawain ukol sa isyung pangkaragatan? a. Nakasasama ba ang mga NGO, CSO, at pribadong sektor sa pamamahala ng mga programa? Kung oo, pakipapaliwanag ang sistemang ito? b. Kung wala, ano ang inyong ginagawa upang makipag-ugnayan sa iba’t ibang sektor ng komunidad? Kung wala, ano ang inyong maaaring suhestiyon para maayos ang sistema ng koordinasyon? 6. Sa inyong mga organisasyon, masasabi ba ninyo na akma ang inyong organisasyon upang mapatupad ang mga programa at gawain ukol sa isyung pangkaragatan? Ipaliwanag nang maigi at malalim ang inyong sagot. 7. May nakikita ba kayong kahit anong proseso tulad ng pagpaplano, budgeting, monitoring, at evaluation sa national government, pamahalaang lokal, at sa mga organisasyon ninyo ukol sa pagpapatupad ng mga programa at gawain ukol sa isyung pangkaragatan? a. Kung oo, malinaw ba ang mga prosesong ito? Ipaliwanag nang maigi at malalim ang inyong sagot. b. Kung wala, ano ang inyong ginagawa upang mag-plano, mag- budget, mag-monitor, at mag-evaluate ng mga programa ukol sa isyung pangkaragatan? Kung wala, anu-ano ang inyong maaaring suhestiyon para maayos ang mga proseso? 8. Sa inyong tingin, evidence-based o data-based ba ang mga programa at gawain ukol sa isyung pangkaragatan? Ipaliwanag nang maigi at malalim ang inyong sagot. a. Kung oo, paano naging epektibo ang pamamalakad sa mga programa at gawain? b. Kung hindi, anu-ano ang inyong maaaring suhestiyon para dito? 9. Sa inyong tingin, may sapat bang kaalaman, kakayanan, pagturing, at commitment ang mga opisyal at tauhan upang gampanan ang kanilang mga trabaho ukol sa isyung pangkaragatan? Ipaliwanag nang maigi at malalim ang inyong sagot. a. Kung wala, anu-ano ang mga nakikita ninyong kakulangan sa kanilang kakayanan? 10. Ano ang tingin ninyo tungkol sa papel ng mga unibersidad, kolehiyo, at research institution para makabuo ng mga programa, plano, at gawain ukol sa isyung pangkaragatan? a. Sa inyong tingin, sapat ba ang dami ng mga unibersidad, kolehiyo, at research institution sa inyong lugar para dito? Ipaliwanag nang maigi at malalim ang inyong sagot. 11. Sa inyong tingin, gaano kaepektibo at kahusay ang inyong pamunuan sa pamahalaang lokal at sa mga sektor upang ipatupad ang mga programa, plano, at gawain ukol sa isyung pangkaragatan? Ipaliwanag nang maigi at malalim ang inyong sagot. 12. Sa inyong tingin, mayroon bang mga imprastraktura at pamumuhunan para maayos na maipatupad ang mga programa, plano, at gawain ukol sa isyung pangkaragatan? a. Kung oo, anu-ano ang mga ito? Sa inyong tingin, sapat ba ang mga ito? b. Kung wala, anu-anong mga imprastraktura at pamumuhunan ang kinakailangan? c. Ano ang mga maaaring makapigil upang mapatupad ang mga ito?
May mga tanging isyu na nakapaloob sa ating paksa:
1. Kayo ba ay may kaalaman tungkol sa climate change? a. Kung oo, anu-ano sa inyong tingin ang mga naging epekto ng climate change sa isyung pangkaragatan? b. Kung hindi, may mga napapansin ba kayong pagbabago sa inyong kapaligiran na maaaring magkaroon ng epekto sa mga programa, plano, at gawain ukol sa isyung pangkaragatan? Anu-ano ang mga pagbagagong ito? c. Sa inyong tingin, mabuti ba o masama ang mga pagbabagong ito? d. Ano ang inyong mga suhestiyon upang maagapan ang mga masasamang epekto ng mga pagbabagong ito? 2. Kayo ba ay may isyu ukol sa municipal waters ng inyong komunidad? a. Kung mayroon, maaari niyo bang isalaysay ang isyung ito? Kung mayroon, ano sa tingin ninyo ang paraan para malutas ang isyung ito? b. Kung wala, tingin niyo ba ay sapat ang mekanismo upang malutas ang kung anumang alitan sa municipal waters? Appendix 4 Key Informant Interview
This section contains the list of interviewees, the dates in which they were interviewed, and the guide questions used.
Respondent Position & Department Date of Interview Deputy Chief of Party, USAID Prof. Nygiel B. Armada November 26, 2015 ECOFISH Senior Resource Economist, USAID Prof. Rina Maria P. Rosales January 12, 2016 ECOFISH Professor Emeritus, UP School of Ernesto Pernia January 27, 2016 Economics Deputy Director-General, Foreign Dep. Dir. Gen. Julio S. Amador III November 11, 2015 Service Institute Professor Emeritus, Siliman University Institute of Prof. Angel C. Alcala December 15, 2015 Environmental and Marine Sciences Hon. Antonio Trillanes IV Senator, Senate of the Philippines February 18, 2016 Representative, Magdalo Party- Hon. Francisco Ashley L. Acedillo November 10, 2015 list Deputy Commander of Naval Cpt. Rommel Jude G. Ong Officers – Nothern Luzon, December 8, 2015 Philippine Navy Hon. Eugenio B. Bito-Onon Jr. Mayor, Kalayaan Island Group November 22, 2015 Professor, UP Marine Science Prof. Porfirio M. Aliño January 22, 2016 Institute Professor, UP Marine Science Prof. Gil Jacinto January 27, 2016 Institute Professor, UP Marine Science Prof. Edgardo Gomez January 27, 2016 Institute Project Enforcement Specialist, Mar Guidote January 15, 2016 USAID ECOFISH Professor, UP Marine Science Prof. Anette Menez January 27, 2016 Institute Professor, UP School of Urban and Prof. Hussein Lidasan February 10, 2016 Regional Planning Aileen Baviera Professor, UP Asian Center February 4, 2016 Director, Institute of Maritime Prof. Jay Batongbacal Affairs and Law of the Sea, UP February 1, 2016 College of Law Professor, Oceanography and Filemon Romero Environmental Science, Mindanao February 11, 2016 State University KII Guide Questions
1. Could you please share with us the practices in your organization/industry/ field based on these policy pillars? a. Marine Development and Conservation b. Marine Regulation and Enforcement c. Politics and Jurisdiction d. Marine Security 2. What are the gaps in policies on each pillar based on the practice? a. Marine Development and Conservation b. Marine Regulation and Enforcement c. Politics and Jurisdiction d. Marine Security 3. What are your suggestions on how to address these gaps through policies? 4. What inputs do you think we need to bring in to address those gaps in terms of the following: a. Resources b. Enabling policies c. Inter-operability d. Competency requirements e. Knowledge, learning and education f. Leadership 5. What issues should be included in the priorities of the Marine/Maritime Strategic Plan of the Philippines? 6. Do you have other recommendations regarding the revised National Marine Policy? Appendix 5 Comparison and Categorization of Different Marine/Ocean Policies to the 1994 NMP
Pillar Australia China USA
Area conservation and • biodiversity • Needs from Sustained Ocean economy: development conservation and Economic Development • supporting economic ecosystem health in Marine Science and growth • climate variability and Technology • -promoting jobs change • Social Development • -developing a skilled • resource allocation: Demand on Marine ocean workforce optimal sharing of NR Science and Technology and environmental • Needs in Marine Coastal and ocean assets Science and Technology resilience: • extension of the from National Maritime • reducing adverse national faculty Rights and Interests conditions concept • Needs in the Marine • -preparing for change • the need for a marine Science and Technology • -recovering and science strategic from Development of sustaining ocean health program Science and Technology • a national marine Science and information: science steering • enhancing our committee understanding of ocean • biodiversity and coastal systems conservation and • strengthening our ecosystem health: ability to acquire support to describe marine data and biodiversity in provide information unexplored areas, • improving science develop functional based products and understanding of services for informed ecological communities decision making of seabed and water column habitats to find and develop national efforts in environmental monitoring, and development of tools to predict the nature and consequence of changes in biodiversity as a result of human intervention • dealing with changing climate: refine understanding of the impact of SLR, increasing sea temperature, the role of the ocean as a carbon sink and ocean acidification to support government efforts to mitigate and adapt to CC • optimal resource allocation: address critical policy and management issues by integrating social, economic and environmental information and developing tools and skills to assist in transparent, robust and accountable DM CTI ArcDev Indonesia Malaysia
Threats and vulnerabilities Three of the five • people-centered • Complete the tagging • current issues in imperatives for a biodiversity program for economically marine resource Sustainable Archipelagic conservation important pelagic fish management Development Framework: • sustainable species in the Sulu and • emerging issues in MRM • sustainable resource development, poverty Sulawesi Seas • recent developments management reduction, equitable • Jointly complete Rapid in MR use • growth with equity benefit sharing Seascape Assessments for • national plan of action • acknowledgment • science-based the Malacca Strait and initiatives and future of threats and • effectively and the Sunda Shelf region of plans challenges, including sustainably managed the South China Sea • priority seascapes habitat degradation, priority seascapes • Marine and coastal designated and overexploitation, etc. • ecosystem approach resources within all effectively managed to management of “priority seascapes” • ecosystem approach fisheries and other are being sustainably to management of marine resources managed fisheries and other (EAFM) • Effective measures marine resources fully • establishment and in place to help applied management of marine ensure exploitation of • MPA established and protected areas shared tuna stocks is effectively managed sustainable, with tuna • CC adaptation For improving threatened spawning areas and measures achieved species status: juvenile growth stages • threatened species • regular monitoring for adequately protected status improving ecological as well as • Marine Protected economic aspects of Areas Established and seascape Effectively Managed • develop National Action • Improved income, Plan on fishing capacity livelihoods and food • improve the income, security in an increasingly livelihoods, and food significant number of security of 50 million coastal communities people living in coastal across the region through communities through a new Sustainable Coastal the CTI Sustainable fisheries and Poverty Coastal Fisheries and Reduction Initiative Poverty Reduction (COASTFISH). Initiative (COASTFISH) • A more effective • establish a school/ management and training center for sustainable trade in live- Marine Environmental reef fish and reef-based Conservation ornamentals achieved Management • Region-wide coral triangle MPA System (CTMPAS) in place and fully functional • Improved status of sharks, sea turtles, seabirds, marine mammals, corals, sea grass, mangroves and other identified threatened species Pillar Australia China USA
Area regulation and Food security: Safety and security: enforcement • research to support a • improving maritime booming aquaculture domain awareness industry, data and tools • providing maritime to manage wild-catch safety and security in a fisheries better changing arctic • enhancing the safety and security in maritime waterways
Local choices: • providing tools for regional action • strengthening regional partnerships • supporting regional priorities
Politics and jurisdiction • energy security • foods security • energy security: support for developing energy resources, particularly LNG and renewable energy, and mapping and modeling to find and develop carbon sequestration. CTI ArcDev Indonesia Malaysia
Governance: • Archipelagic • study on governance • strong legislative, • overall governance ecosystem approach and legal aspect for policy, and regulatory • national and local functioning seascape in frameworks in place for governance Indonesia achieving an Ecosystem • toward integrated • study on governance Approach to Fisheries management and legal aspects in Management (EAFM) • large-scale Indonesian part of • establish a national biodiversity Sulu Sulawesi Marine policy on EAFM conservation Ecoregion • update Fisheries Act • locally managed MPA • development of 1985 • sector laws and national policy on • adequate maritime policies seascapes consistent enforcement capacity • climate change with decentralization • coordinated and initiatives of governance of mutually supportive marine and coastal enforcement between resources (legal basis, neighboring countries institutional framework, capacity assessment) • develop further and implement regulation for optimizing fishery resource management area (FMA) • ensure enforcement of urgent measures that can halt illegal exploitation of resources within MPAs
Socio-economic • recognition of • aligned with • complete the National characteristics: the political and international and Coastal Zone Physical • demography jurisdictional regional commitments Plan for Peninsular • food security challenges of (SSME, Convention Malaysia and East • livelihood strategies for implementation on Biological Malaysia socio economic security of an archipelagic Diversity, Millennium • identify and assess • fisheries development policy Development goals, Particularly Sensitive • coastal tourism ASEAN, APEC, Pacific Sea Areas (PSSA) within • minerals, oil, gas Islands Forums, CITES, Malaysian Priority • transport and shipping UNCLOS, Regional Seascapes • traditional knowledge Fisheries management • participation in of IP in coastal areas Organizations, and Convention on Biological • gender-related issues UNFCCC) Diversity, Langkawi • recognizes the Declaration, Jakarta transboundary nature of Mandate, Ramsar, some important marine Rio Declaration, natural resources UNCLOS, Transnational • studies on different Regulations under the aspect of jurisdiction Environmental Quality and governance of Act and the Customs marine resources in the Regulations, Malaysian- border areas countries Thailand Joint in Sawu and Sulu Development Authority Sulawesi Seascapes Act of 1990, and • evaluate and Putrajaya Declaration enforce series of of Regional Cooperation government regulation, for the Sustainable ministerial regulation, Development of the decree pertaining Seas of east Asia to international commitment on fisheries issues. Pillar Australia China USA
Marine security • maritime sovereignty • sovereignty, security, natural hazards: enhancing optimal oceanographic, forecasting, increased effort on fine-scale hydrologic data and charts
Additional areas not National overview The International Forefront covered in NMP but in and Trends of Development other documents in Marine Science & Technology • The National Marine Development Strategies of World’s Major Countries • Major International Marine Scientific Research Plans • The International Trends of Development in Marine Science and Technology
CTI ArcDev Indonesia Malaysia
• issues relating to • integration of local • integrated monitoring law enforcement, and international program for Sulu safety, security policies to address Sulawesi, Sunda-Banda, and protection of security conflicts and and Sawu Seascapes territorial claims issues • initiate collaborative [found in governance] patrols and surveillance on IUU Fishing • provide technical assistance to strengthen community capacity in fisheries resource monitoring and surveillance • biophysical overview • integration of the 4 • networked National • region-wide early action [introduction type] pillars into a holistic Centers of Excellence plan for climate change approach in marine on Climate Change adaptation for the policy—archipelagic Adaptation near-shore marine and ecosystem approach coastal environment and small island ecosystems developed and implemented. • networked National Centers of Excellence on Climate Change Adaptation for Marine and Coastal Environments are established and in full operation Appendix 6 International Agreements and Treaties Related to the National Marine Policy
International Agreement Brief Description
Rio Declaration on [SEC. 2, CHAP. 17] Environment and Development Protection of the oceans, all kind & Agenda 21 s of seas, and coastal areas and the protection, rational use and development of their living resources. United Nations Convention on Comprehensive regime of law and order in the world’s oceans and seas the Law of the Sea establishing rules governing all uses of the oceans and their resources. Enshrines the notion that all problems of ocean space are closely interrelated. Governs all aspects of ocean space, such as delimitation, environmental control, marine scientific research, economic and commercial activities, transfer of technology and the settlement of disputes relating to ocean matters. Convention on Biological Article 6 Diversity Develop national strategies plans of programmes for the conservation and sustainable use of biodiversity or adapt existing strategies for their purpose. Agreement for the Sets out principles for the conservation and management of fish stocks Implementation of the and establishes management based on the precautionary approach Provisions of the United and the best available scientific information. Cooperation in the Nations Convention on conservation and management of those resources. the Law of the Sea of 10 December 1982 relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks or the Straddling Fish Stocks Agreement Convention on the Ensuring the trade of wild animals worldwide does not impede/ International Trade of threaten their survival. Endangered Species of Wild Flora and Fauna Convention on Migratory Under the UNEP – concerned with the conservation of wildlife and Species habitats on a global scale. Aims to conserve terrestrial, aquatic and avian migratory species throughout their range. Memorandum of The MoU puts in place a framework whereby states of the Indian Ocean Understanding on the and Southeast Asian region, as well as other concerned states can work Conservation and Management together to conserve and replenish depleted marine turtle populations of Marine Turtles and their for which they share responsibility. Habitats of the Indian Ocean and South-East Asia (2001) CMS MoU Sharks Aims to achieve and maintain a favourable conservation status for migratory sharks based on scientific information and taking into account the socio-economic value of these species for the people in various countries. International Agreement Brief Description
CMS MoU Dugong Facilitates national level and transboundary actions that will lead to the conservation of dugong’s populations and their habitats. Provides basis for the focused species and habitat specific activities within their migratory range. United Nations Framework The UNFCCC is one of three Rio Conventions. Its sister Rio Conventions Convention on Climate Change are the UN Convention on Biological Diversity and the Convention to Combat Desertification. The three are intrinsically linked.
The ultimate objective of the Convention is to stabilize greenhouse gas concentrations [within a time-frame sufficient to allow ecosystems to adapt naturally to climate change] to a level that would prevent dangerous anthropogenic interference with the climate system.
The Convention acknowledges the vulnerability of all countries to the effects of climate change and calls for special efforts to ease the consequences, especially in developing countries, which lack the resources to do so on their own. Kyoto Protocol to the Extends the 1992 United Nations Framework Convention on Climate United Nations Framework Change (UNFCCC) that commits State Parties to reduce greenhouse Convention on Climate Change gases emissions, based on the premise that human-induced global warming exists.
The Protocol is based on the principle of common but differentiated responsibilities: it puts the obligation to reduce current emissions on developed countries on the basis that they are historically responsible for the current levels of greenhouse gases in the atmosphere.
Philippines is a non-binding annex-B country – meaning it is without binding targets. Convention on the Prevention Contributes to the international control and prevention of marine of Marine Pollution by pollution by prohibiting the dumping of certain hazardous materials. Dumping Wastes and Other In addition, a special permit is required prior to dumping of a number Matter (London Convention) of other identified materials and a general permit for other wastes or (1972, entered into force: matter. 1975) The London Protocol stresses the precautionary approach. It also states “the polluter should, in principle, bear the cost of pollution” The 1996 Protocol restricts all dumping except for a permitted list (which still require permits). Montreal Protocol on Designed to reduce the production and consumption of ozone depleting Substances That Deplete the substances in order to reduce their abundance in the atmosphere to Ozone Layer protect the earth’s fragile ozone Layer.
The Protocol includes a unique adjustment provision that enables the Parties to the Protocol to respond quickly to new scientific information and agree to accelerate the reductions required on chemicals already covered by the Protocol. Protocol of 1978 Relating to The main international convention covering prevention of pollution the International Convention of the marine environment by ships from operational or accidental for the Prevention of Pollution causes. The Convention includes regulations aimed at preventing and From Ships, 1973 (MARPOL) minimizing pollution from ships - both accidental pollution and that from routine operations. International Agreement Brief Description
Convention on Wetlands of Intergovernmental treaty providing a framework for national action International Importance and international cooperation for the conservation and wise use Especially As Waterfowl of wetlands and resources. The Convention uses a broad definition Habitat (Ramsar) of wetlands. It includes all lakes and rivers, underground aquifers, swamps and marshes, wet grasslands, peatlands, oases, estuaries, deltas and tidal flats, mangroves and other coastal areas, coral reefs, and all human-made sites such as fish ponds, rice paddies, reservoirs and salt pans.
Under the “three pillars” of the Convention, the Contracting Parties commit to: • Work towards the wise use of all their wetlands; • Designate suitable wetlands for the list of Wetlands of International Importance (the “Ramsar List”) and ensure their effective management; • Cooperate internationally on transboundary wetlands, shared wetland systems and shared species. International Convention for Governs the commercial, scientific, and aboriginal subsistence the Regulation of Whaling whaling practices of fifty-nine member nations. Provides the proper [WITHDRAWN 2014] conservation of whale stocks and thus make possible the orderly development of the whaling industry. Southeast Asian Nuclear Treaty Nuclear weapons moratorium treaty between 10 Southeast (SEANWFZ) or the Bangkok Asian member-states under ASEAN. The Zone is the area comprising Treaty of 1995 the territories of the states and their respective continental shelves and Exclusive Economic Zones. Sino-Philippine Treaty of Sought to prevent the introduction of international conflict and nuclear Amity Seabed Arms Control weapons into an area hitherto free of them. Banning the emplacement Treaty (or Seabed Treaty, of nuclear weapons or “weapons of mass destruction” on the ocean formally the Treaty on floor beyond a 12-mile (22.2 km) coastal zone. It allows signatories to the Prohibition of the observe all sea bed “activities” of any other signatory beyond the 12- Emplacement of Nuclear mile zone to ensure compliance. Weapons and Other Weapons of Mass Destruction on the Sea-Bed and the Ocean Floor and in the Subsoil thereof) Philippines–United States Bilateral visiting forces agreement between the Philippines and Visiting Forces Agreement the United States consisting of two separate documents. VFA-1 allows the U.S. government to retain jurisdiction over U.S. military personnel accused of committing crimes in the Philippines, unless the crimes are of «particular» importance to the Philippines. The primary effect of the Agreement is to require the U.S. government to notify PH authorities when it becomes aware of the apprehension, arrest or detention of any PH personnel visiting the U.S. and when so requested by the PH government, to ask the appropriate authorities to waive jurisdiction in preference of PH, except cases of special interest to the U.S. departments of State or defense. Philippine-Australia Status of The Philippine-Australia Status of Visiting Forces Agreement is a Visiting Forces Agreement bilateral agreement between the governments of the Philippines and Australia concerning the status of armed forces from each state while in the territory of the other. The agreement only applies to troops temporarily in a country. International Agreement Brief Description
Treaty on the Non- Prevent the spread of nuclear weapons and weapons technology, to Proliferation of Nuclear promote cooperation in the peaceful uses of nuclear energy and to Weapons further the goal of achieving nuclear disarmament and general and complete disarmament. Statute of the International Accelerate and enlarge the contribution of atomic energy to peace, Atomic Energy Agency (1957) health and prosperity throughout the world. Comprehensive Nuclear Test States agree to ban all nuclear explosions in all environments, for Ban Treaty (September 1996) military or civilian purposes.
Philippines: Not Annex 2, signed and ratified International Convention on International maritime convention establishing measures for dealing Oil Pollution Preparedness, with marine oil pollution incidents nationally and in co-operation with Response and Co-operation other countries. (OPRC) 1990 It applies to vessels of any type operating in the marine environment, fixed or floating offshore installations, sea ports and handling facilities – excludes warships, naval auxiliary or government owned ships. International Convention To provide compensation for pollution damage to the extent that on the Establishment of the protection afforded by the 1969 Civil Liability Convention is an International Fund for inadequate. Give relief to ship owners in respect of the additional Compensation for Oil Pollution financial burden imposed on them by the 1969 Civil Liability Damage (1992, came into Convention, such relief being subject to conditions designed to ensure force 2006) compliance with safety at sea and other conventions.
To give effect to the related purposes set out in the Convention. Convention on International Ensure that international trade in specimens of wild animals and plants Trade in Endangered Species does not threaten their survival. of Wild Fauna and Flora (CITES) Cartagena Protocol Aims to ensure the safe handling, transport, and use of living modified on Biosafety to the Convention organisms resulting from modern biotechnology that may have adverse on Biological Diversity effects on biological diversity, taking also into account risks to human health. Basel Convention Protect human health and the environment against the adverse on the Control effects of hazardous wastes. The reduction of hazardous waste of Transboundary Movements generation and the promotion of environmentally sound management of Hazardous Wastes and Their of hazardous wastes, wherever the place of disposal. The restriction Disposal (Basel Convention) of transboundary movements of hazardous wastes except where it is perceived to be in accordance with the principles of environmentally sound management; and a regulatory system applying to cases where transboundary movements are permissible. International Convention Ensures that ships flagged by signatory States comply with minimum for the Safety of Life at safety standards in construction, equipment and operation. The Sea (SOLAS) SOLAS Convention in its successive forms is generally regarded as the most important of all international treaties concerning the safety of merchant ships. International Agreement Brief Description
Rotterdam Convention on To promote shared responsibility and cooperative efforts in the the Prior Informed Consent international trade of certain hazardous chemicals in order to protect Procedure for Certain human health and the environment from potential harm and contribute Hazardous Chemicals and to the environmentally sound use of those hazardous chemicals by Pesticides in International facilitating information exchange about their characteristics, providing Trade) for a national decision-making process in their import and export and information sharing. Protocol for the Suppression States agree to prohibit and punish behaviour that may threaten the of Unlawful Acts Against the safety of offshore fixed platforms, including oil platforms. Safety of Fixed Platforms Located on the Continental Shelf Convention for the States agree to prohibit and punish behaviour which may threaten the Suppression of Unlawful Acts safety of maritime navigation. Against the Safety of Maritime Navigation Maritime Labour Convention Established minimum working and living standards for all seafarers on (2006) those ships. Step toward ensuring fair competition and a level-playing field for quality owners of ships flying the flags of ratifying countries. Japan-Philippine Economic Economic partnership agreement concerning bilateral investment Partnership Agreement and free trade agreement between Japan and the Philippines. International Regulations for Navigation rules to be followed by ships and other vessels at sea to Preventing Collisions at Sea prevent collisions between two or more vessels. COLREGs can also (COLREGS) refer to the specific political line that divides inland waterways, which are subject to their own navigation rules, and coastal waterways, which are subject to international navigation rules. International Convention on Harmonize the survey and certification requirement of the 1966 Load Lines (CLL), 1966, see Convention with those contained in the International Convention for further revisions in 2003 the Safety of Life at Sea (SOLAS) and MARPOL 73/78.
In accordance with the International Convention on Load Lines (CLL 66/88), all assigned load lines must be marked amidships on each side of the ships engaged in international voyages.
This Convention provides for the terms of ship’s surveys, issuance, duration, validity and acceptance of International Load Line Certificates, as well as relevant State control measures, agreed exemptions and exceptions. International Convention on Ensures that adequate compensation is available to persons who suffer Civil Liability for Oil Pollution oil pollution damage resulting from maritime casualties, involving oil- Damage or the CLC Convention carrying ships. (1992) Agreement for the Intergovernmental organization that coordinates the regulation and Establishment of the Indian management of tuna in the Indian Ocean. Ocean Tuna Commission (1996) International Agreement Brief Description
Convention establishing a Work in areas covering the development of international conventions, Customs Cooperation Council instruments, and tools on topics such as commodity classification, valuation, rules of origin, collection of customs revenue, supply chain security, international trade facilitation, customs enforcement activities, combating counterfeiting in support of Intellectual Property Rights, integrity promotion, and delivering sustainable capacity to assist with customs reforms and modernization. Convention of Atlantic Tunas Responsible for the conservation of tunas and tuna-like species in the (1969, entered into force) Atlantic ocean and adjacent areas. managed by ICCAT Convention for the Ensures the long-term conservation and sustainable use of highly Conservation and Management migratory fish stocks in the western and central Pacific Ocean in of Highly Migratory Fish Stocks accordance with the 1982 United Nations Convention on the Law of the in the Western and Central Sea and the 1995 UN Fish Stocks Agreement. Pacific Ocean (2004) Cebu Declaration on East Asian Promotes energy security and find energy alternatives to conventional Energy Security (January 15, fuels. 2007) Lists a series of goals aimed at providing “reliable, adequate and affordable” energy supplies. ASEAN Economic Integration Aimed at providing facilitation and cooperation in improving the (on maritime transport) conditions under which maritime cargo and passenger transport operations are carried out between the ports of the Contracting Parties, as well as between the ports of the Contracting Parties and the ports of third countries, for the benefit of economic operators of the Contracting Parties. The Contracting Parties shall refrain from any action that might be detrimental to the unrestricted participation of shipping companies of the Contracting Parties in maritime transport between the Contracting Parties as well as between the Contracting Parties and third countries. Agreement for the Regional Consultative Forum raising awareness amongst member Establishment of the Asia- countries, fisheries organizations and fisheries professionals in theAsia- Pacific Fishery Commission Pacific region.
Including co-management of fisheries, low value/trash fish (may be referred to as bycatch where not targeted catch) in the region, illegal, unreported and unregulated fishing and fishing capacity management, certification in fisheries and aquaculture, ecosystem approach to fisheries and aquaculture and improving resilience of fishery livelihoods. Focus on developing a training course for Ecosystem Approach to Fishery Management and guidelines for tropical trawl fisheries management. Appendix 7 Experts
Prof. Porfirio Alexander M. Aliño, PhD is Professor at the University’s Marine Science Institute. He received his Doctor of Philosophy in Marine Chemical Ecology (1989) from James Cook University, Australia, and his Master’s (1983) and bachelor’s degree (1978) in Marine Biology from UP. He was cited as one of the Ten Outstanding Young Scientists in 1993, Gawad Chanselor Awardee for Extension Work (2000), Hugh Greenwood Environmental Science Awardee (2003), and was recently conferred as member Academician of the National Academy of Science and Technology (2014). He has led various consultancies and technical working groups in marine resource assessment and conservation, impact assessment, sustainable fisheries, coastal ecosystems management, climate change adaptation, among others. Dr. Aliño’s research works have been widely published in international and national refereed journals. His pioneering research in the Kalayaan Island Group in the 1990s continues to be a cornerstone in marine ecology and oceanography research for the West Philippine Sea.
Prof. Nathaniel Cal Añasco is Associate Professor at the Institute of Marine Fisheries and Oceanology of the College of Fisheries and Ocean Sciences in UP Visayas, where he served as Director in 2011-2013. He received his Doctor of Philosophy in Fisheries Science (2010) from Kagoshima University, Japan as a Monbukagakusho Scholar, and Master of Science in Fisheries Science and Technology (2007) from the same university. Dr. Añasco was cited as an Outstanding Young Scientist in Fisheries Science by the National Academy of Science & Technology in 2011 and received UP Visayas’ Diamond Jubilee Professorial Chair in Fisheries (2011). His research interests center on marine pollution and ecotoxicology, marine fisheries biology, fish population responses to changing marine environment, and ecosystem-based fisheries management. He has also led and participated in various consultancies in environmental assessment. His researches have been published in several peer-reviewed journals.
Prof. Jay L. Batongbacal, JSD is a leading national expert in maritime law and regional geopolitics over the West Philippine Sea disputes. He is Director of the UP Institute for Maritime Affairs and Law of the Sea and Assistant Professor at the UP College of Law. He received his Doctor of Juridical Science (2010) as a Pierre Elliot Tredeau Scholar, and Master in Marine Management (1997), specializing in the Law of the Sea, from Dalhousie University, Nova Scotia, Canada. His researches have been published in the Yearbook of International Environmental Law, Public Policy Journal, Social Science Diliman, Chinese Studies Journal, among others. He headed the Philippine Center for Marine Affairs, delivered training courses at the International Oceans Institute, and served as legal adviser for the inter-disciplinary technical working group that successfully pursued the Philippine claim to a continental shelf beyond 200 nautical miles in the Benham Rise Region before the Commission on the Limits of the Continental Shelf. Dr. Batongbacal is currently a U.S.-ASEAN Fulbright Initiative Visiting Scholar affiliated with East-West Center in Washington.
Prof. Aileen San Pablo-Baviera, PhD is one of the Philippines’ foremost geopolitical experts in Philippine-China relations. She is Professor and former Dean (2003- 2009) of the UP Asian Center, President of Asia Pacific Pathways to Progress Foundation since 2014, and Editor-in-Chief of Asian Politics & Policy (Wiley Blackwell) since 2010. She received her Doctor of Philosophy in Political Science (2003), Master of Arts in Asian Studies (1987), with specialization in Chinese/ East Asian studies, and Bachelor of Science in Foreign Service (1979), cum laude, from the University. Her researches revolve on contemporary Chinese studies in a multidisciplinary perspective, China-Southeast Asia relations, Asia-Pacific security, territorial and maritime disputes, and regional integration. Dr. Baviera teaches graduate courses on international relations, security studies, and on Chinese politics and governance.
Prof. Gil S. Jacinto, PhD is Professor at the UP Marine Science Institute, where he researches on nutrient and trace element chemistry in tropical marine environments, marine pollution chemistry, submarine groundwater discharge, hypoxia, and seawater carbonate chemistry. He has headed numerous studies on contaminations, marine pollution, coral reef ecosystems, and has been consultant and resource person for various private and government activities on the matter. He received his PhD in Marine Chemistry from the University of Liverpool in England (1988) and his Master’s Degree in Oceanography from the University of the Philippines (1983).
Atty. Celeste Ruth L. Cembrano-Mallari, LlM is Law Reform Specialist at the UP Institute of International Legal Studies. She received her Master of Laws (2009), specializing in international legal studies, from Kyushu University, Japan; and her Bachelor of Laws (2003) and Bachelor of Arts in European Studies, major in French (1995), from UP.
Prof. Marie Antonette Juinio-Meñez, PhD is Director and Professor of the University’s Marine Science Institute. She is a coastal resources management consultant and has extensively researched on invertebrate biology, larval ecology and recruitment, benthic ecology, and population genetics, as well as culture and fisheries management of invertebrates, stock restoration, community-based coastal resources management, and environmental governance. She received her Doctor of Philosophy in Biological Sciences (1991) from the University of Rhode Island as well as her Master of Science in Marine Biology (1986).
Prof. Ernesto M. Pernia, PhD is an expert in development economics, demographic and human resource economics, regional and urban economics, and macroeconomics in the country. He is Professor Emeritus of Economics in UP since 2013 and was Lead Economist of the Asian Development Bank (1999- 2003).
Prof. Nathaniel Diola, D.Engg is an associate professor in the College of Engineering. He has served as the director of the Building Research Service of the National Engineering Center for 11 years (2002-2013). He took his doctorate in Civil Engineering, major in Concrete Technology, at the Tokyo Institute of Technology. He is also a prominent figure in green (environment-friendly) technologies in the Philippines. He currently heads the ERDT (Engineering Research and Development for Technology) Marine Concrete Program sub- track. Among his current studies are concrete structures in marine environment and marine concrete. Appendix 8 Laws and Policies on Marine and Maritime Affairs
Politics and Jurisdiction
REPUBLIC ACTS No. Title 3046 An Act Defining The Baselines Of The Territorial Sea Of The Philippines. (AS AMENDED BY RA NO. 5446) 5446 AN ACT TO AMEND SECTION ONE OF REPUBLIC ACT NUMBERED THIRTY HUNDRED AND FORTY-SIX, ENTITLED “AN ACT TO DEFINE THE BASELINES OF THE TERRITORIAL SEA OF THE PHILIPPINES” 5713 AN ACT CREATING A PHILIPPINE COAST GUARD, PRESCRIBING ITS POWERS AND FUNCTIONS, APPROPRIATING THE NECESSARY FUNDS THEREFOR, AND FOR OTHER PURPOSES. 6542 AN ACT MAKING THE MUNICIPALITY OF MASINLOC, PROVINCE OF ZAMBALES, A PORT OF ENTRY, BY AMENDING SECTION SEVEN HUNDRED ONE OF THE TARIFF AND CUSTOMS CODE OF THE PHILIPPINES, AS AMENDED. 7586 National Integrated Protected Areas System Act of 1992 9355 An Act Creating The Province of Dinagat Islands 9400 AN ACT AMENDING REPUBLIC ACT NO. 7227, AS AMENDED, OTHERWISE KNOWN AS THE BASES CONVERSION AND DEVELOPMENT ACT OF 1992, AND FOR OTHER PURPOSES 9993 Philippine Coast Guard Law of 2009 10629 An Act Providing for the Retention by the Protected Area Management Board of Seventy- Five Percent (75%) of the Revenues Accruing to the Integrated Protected Areas Fund (IPAF), Amending For The Purpose Section 16 of Republic Act No. 7586, Otherwise Known as The National Integrated Protected Areas System Act Of 1992 10635 AN ACT ESTABLISHING THE MARITIME INDUSTRY AUTHORITY (MARINA) AS THE SINGLE MARITIME ADMINISTRATION RESPONSIBLE FOR THE IMPLEMENTATION AND ENFORCEMENT OF THE 1978 INTERNATIONAL CONVENTION ON STANDARDS OF TRAINING, CERTIFICATION AND WATCHKEEPING FOR SEAFARERS, AS AMENDED, AND INTERNATIONAL AGREEMENTS OR COVENANTS RELATED THERETO
PRESIDENTIAL DECREES No. Title 198 PROVINCIAL WATER UTILITIES ACT OF 1973 - DECLARING A NATIONAL POLICY FAVORING LOCAL OPERATION AND CONTROL OF WATER SYSTEMS; AUTHORIZING THE FORMATION OF LOCAL WATER DISTRICTS AND PROVIDING FOR THE GOVERNMENT AND ADMINISTRATION OF SUCH DISTRICTS; CHARTERING A NATIONAL ADMINISTRATION TO FACILITATE IMPROVEMENT OF LOCAL WATER UTILITIES; GRANTING SAID ADMINISTRATION SUCH POWERS AS ARE NECESSARY TO OPTIMIZE PUBLIC SERVICE FROM WATER UTILITY OPERATIONS, AND FOR OTHER PURPOSES 474 PROVIDING FOR THE REORGANIZATION OF MARITIME FUNCTIONS IN THE PHILIPPINES, CREATING THE MARITIME INDUSTRY AUTHORITY, AND FOR OTHER PURPOSES. 505 PROVIDING FOR THE REORGANIZATION OF PORT ADMINISTRATION AND OPERATION FUNCTIONS IN THE COUNTRY, CREATING THE PHILIPPINE PORT AUTHORITY, PAVING THE WAY FOR THE ESTABLISHMENT OF INDIVIDUAL, AUTONOMOUS PORT/ INDUSTRIAL ZONE AUTHORITIES IN THE PORT/ INDUSTRIAL ZONE AUTHORITIES IN THE DIFFERENT PORT DISTRICTS, AND FOR OTHER PURPOSES. 1284 GRANTING AUTHORITY TO THE PHILIPPINE PORTS AUTHORITY TO PLAN, CONSTRUCT, DEVELOP AND MAINTAIN ALL PORT TERMINAL FACILITIES IN THE INTERNATIONAL PORT NORTH HARBOR, MANILA BAY, TO SUPERVISE THE OPERATION AND MANAGEMENT OF SUCH FACILITIES, AS AMENDING FOR THE PURPOSE PRESIDENTIAL DECREE NO. 634, DATED 7TH OF JANUARY 1975, REPEALING PRESIDENTIAL DECREE NO.802 DATED 18TH SEPTEMBER 1975, AND FOR OTHER PURPOSES PROVIDING FOR THE REORGANIZATION OF PORT ADMINISTRATION AND OPERATION FUNCTIONS 857 IN THE PHILIPPINES, REVISING PRESIDENTIAL DECREE NO. 505 DATED JULY 11, 1974, CREATING THE PHILIPPINE PORT AUTHORITY, BY SUBSTITUTION, AND FOR OTHER PURPOSES.
EXECUTIVE ORDERS No. Title 542 Creating the Task Force Pawikan and Appropriating Funds Therefor (1979) 525 (1979 DESIGNATING THE PUBLIC ESTATES AUTHORITY AS THE AGENCY PRIMARILY RESPONSIBLE FOR ALL RECLAMATION PROJECTS 927 FURTHER DEFINING CERTAIN FUNCTIONS AND POWERS OF THE LAGUNA LAKE DEVELOPMENT (1983) AUTHORITY 192 THE REORGANIZATION ACT OF THE DENR (1987) 292 THE PHILIPPINE ADMINISTRATIVE CODE (1987) 149 STREAMLINING THE OFFICE OF THE PRESIDENT, RESULTING TO THE TRANSFER OF (1993) ADMINISTRATIVE SUPERVISION OF THE LAGUNA LAKE DEVELOPMENT AUTHORITY TO THE DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES 240 CREATING THE FISHERIES AND AQUATIC RESOURCES MANAGEMENT COUNCILS (FARMCs) IN (1995) BARANGAYS, CITIES, AND MUNICIPALITIES. THEIR COMPOSITION AND FUNCTIONS 305 DEVOLVING TO MUNICIPAL AND CITY GOVERNMENTS THE REGISTRATION OF FISHING VESSELS (2004) THREE (3) GROSS TONNAGE BELOW
Marine Regulation and Enforcement
REPUBLIC ACTS No. Title 10668 An Act Allowing Foreign Vessels to Transport and Co-Load Foreign Cargoes For Domestic Transshipment and For Other Purposes 10654 AN ACT TO PREVENT, DETER AND ELIMINATE ILLEGAL, UNREPORTED AND UNREGULATED FISHING, AMENDING REPUBLIC ACT NO. 8550, OTHERWISE KNOWN AS “THE PHILIPPINE FISHERIES CODE OF 1998” AND FOR OTHER PURPOSES 10629 An Act Providing for the Retention by the Protected Area Management Board of Seventy- Five Percent (75%) of the Revenues Accruing to the Integrated Protected Areas Fund (IPAF), Amending For The Purpose Section 16 of Republic Act No. 7586, Otherwise Known as The National Integrated Protected Areas System Act Of 1992 9339 AN ACT DECLARING A ONE-TIME AMNESTY ON CERTAIN TAX AND DUTY LIABILITIES, INCLUSIVE OF FEES, FINES, PENALTIES, INTEREST AND OTHER ADDITIONS THERETO, INCURRED BY CERTAIN BUSINESS ENTERPRISES OPERATING WITHIN THE SPECIAL ECONOMIC ZONES AND FREEPORTS CREATED UNDER PROCLAMATION NO. 163, SERIES OF 1993; PROCLAMATION NO. 216, SERIES OF 1993; PROCLAMATION NO. 120, SERIES OF 1994; AND PROCLAMATION NO, 984, SERIES OF 1997, PURSUANT TO SECTION 15 OF REPUBLIC ACT NO. 7227, AS AMENDED, AND FOR OTHER PURPOSES 9379 “The Handline Fishing Law” An Act Defining Handline Fishing, Providing Effective Regulations Therefor And For Other Purposes 9301 AN ACT AMENDING CERTAIN PROVISIONS OF REPUBLIC ACT NO. 7471, ENTITLED “AN ACT TO PROMOTE THE DEVELOPMENT OF THE PHILIPPINE OVERSEAS SHIPPING” AND FOR OTHER PURPOSES 9295 AN ACT PROMOTING THE DEVELOPMENT OF PHILIPPINE DOMESTIC SHIPPING, SHIPBUILDING, SHIP REPAIR AND SHIP BREAKING, ORDAINING REFORMS IN GOVERNMENT POLICIES TOWARDS SHIPPING IN THE PHILIPPINES, AND FOR OTHER PURPOSES 9286 An act further amending Presidential Decree No. 198, otherwise known as “The Provincial Water Utilities Act of 1973”, as amended 8371 Indigenous Peoples Rights Act (IPRA) 7916 AN ACT PROVIDING FOR THE LEGAL FRAMEWORK AND MECHANISMS FOR THE CREATION, OPERATION, ADMINISTRATION AND COORDINATION OF SPECIAL ECONOMIC ZONES IN THE PHILIPPINES, CREATING FOR THIS PURPOSE, THE PHILIPPINE ECONOMIC ZONE AUTHORITY (PEZA), AND FOR OTHER PURPOSES. 7586 National Integrated Protected Areas System Act of 1992 7471 AN ACT TO PROMOTE THE DEVELOPMENT OF PHILIPPINE OVERSEAS SHIPPING 5173 AN ACT CREATING A PHILIPPINE COAST GUARD, PRESCRIBING ITS POWERS AND FUNCTIONS, APPROPRIATING THE NECESSARY FUNDS THEREFOR, AND FOR OTHER PURPOSES. 2695 AN ACT TO FURTHER AMEND ACT NUMBERED THIRTY-FIVE HUNDRED AND NINETY-TWO, KNOWN AS THE “PORTWORKS FUND ACT,” AS AMENDED BY COMMONWEALTH ACT NUMBERED ONE HUNDRED AND THIRTY AND REPUBLIC ACT NUMBERED TWELVE HUNDRED AND SIXTEEN, AND TO PROVIDE FOR THE DISBURSEMENT OF SAID FUND. 1535 AN ACT AMENDING SECTIONS ONE, TWO, THREE AND FOUR OF REPUBLIC ACT NUMBERED FOUR HUNDRED TWENTY-EIGHT, ENTITLED “AN ACT TO DECLARE ILLEGAL THE POSSESSION, SALE OR DISTRIBUTION OF FISH OR OTHER AQUATIC ANIMALS STUPEFIED, DISABLED OR KILLED BY MEANS OF DYNAMITE OR OTHER EXPLOSIVE OR TOXIC SUBSTANCES AND PROVIDING PENALTIES THEREFOR.” 1371 AN ACT TO DEFINE, CLASSIFY, FIX AND REGULATE THE AMOUNT OF ALL CHARGES AND FEES IN PHILIPPINE PORTS, OTHER THAN CUSTOMS DUTIES, INTERNAL REVENUE TAXES AND TONNAGE DUES.
PRESIDENTIAL DECREES No. Title. 474 PROVIDING FOR THE REORGANIZATION OF MARITIME FUNCTIONS IN THE PHILIPPINES, CREATING THE MARITIME INDUSTRY AUTHORITY, AND FOR OTHER PURPOSES. 505 PROVIDING FOR THE REORGANIZATION OF PORT ADMINISTRATION AND OPERATION FUNCTIONS IN THE COUNTRY, CREATING THE PHILIPPINE PORT AUTHORITY, PAVING THE WAY FOR THE ESTABLISHMENT OF INDIVIDUAL, AUTONOMOUS PORT/ INDUSTRIAL ZONE AUTHORITIES IN THE PORT/ INDUSTRIAL ZONE AUTHORITIES IN THE DIFFERENT PORT DISTRICTS, AND FOR OTHER PURPOSES. 602 National Operation Center for Oil Pollution at the Philippine Coast Guard 664 AMENDING SECTION 12 OF REPUBLIC ACT NUMBERED 1407 AS AMENDED, OTHERWISE KNOWN AS “THE PHILIPPINE OVERSEAS SHIPPING ACT OF NINETEEN HUNDRED AND FIFTY-FIVE” 666 PROVIDING FOR INCENTIVES FOR THE SHIPBUILDING AND SHIP REPAIR INDUSTRY 667 PROVIDING FOR INCENTIVES TO THE SHIPPING INDUSTRY BY GRANTING ADDITIONAL DEDUCTIBLE ITEMS FOR INCOME TAX PURPOSES 667-A PROVIDING FOR THE SUBSTITUTION OF PRESIDENTIAL DECREE NO.667 AND DIRECT INCENTIVES FOR THE DEVELOPMENT OF PHILIPPINE OVERSEAS SHIPPING 1711 FURTHER AMENDING PRESIDENTIAL DECREE NO. 760, AS AMENDED BY FURTHER ENCOURAGING THE CHARTERING OF ESPECIALIZED OCEAN-GOING VESSELS AND BY EXTENDING THE EFFECTIVITY OF THE DECREE UNTIL 1999. 1521 THE SHIP MORTGAGE DECREE OF 1978 1284 GRANTING AUTHORITY TO THE PHILIPPINE PORTS AUTHORITY TO PLAN, CONSTRUCT, DEVELOP AND MAINTAIN ALL PORT TERMINAL FACILITIES IN THE INTERNATIONAL PORT NORTH HARBOR, MANILA BAY, TO SUPERVISE THE OPERATION AND MANAGEMENT OF SUCH FACILITIES, AS AMENDING FOR THE PURPOSE PRESIDENTIAL DECREE NO. 634, DATED 7TH OF JANUARY 1975, REPEALING PRESIDENTIAL DECREE NO.802 DATED 18TH SEPTEMBER 1975, AND FOR OTHER PURPOSES 1221 REQUIRING ALL PHILIPPINE – OWNED AND/OR REGISTERED VESSELS TO UNDERTAKE REPAIRS AND DRYDOCKING WITH MARINA-REGISTERED SHIP REPAIR YARDS 979 PROVIDING FOR THE REVISION OF PRESIDENTIAL DECREE NO. 600 GOVERNING MARINE POLLUTION 760 ALLOWING THE TEMPORARY REGISTRATION OF FOREIGN -OWNED VESSELS UNDER TIME CHARTER OR LEASE TO PHILIPPINE NATIONALS FOR USE IN THE PHILIPPINE COASTWISE TRADE SUBJECT TO CERTAIN CONDITIONS. 761 AMENDING SECTION EIGHT HUNDRED SIX OF THE TARIFF AND CUSTOMS CODE OF THE PHILIPPINES, AS AMENDED, BY ALLOWING THE REGISTRATION OF VESSELS THE OWNERSHIP OF WHICH IS VESTED IN CORPORATIONS OR ASSOCIATIONS, AT LEAST SIXTY PERCENT OF THE CAPITAL STOCK OR CAPITAL OF WHICH BELONG TO CITIZENS OF THE PHILIPPINES AND FOR OTHER PURPOSES. 866 AMENDING PRESIDENTIAL DECREE NO. 760 BY REDUCING THE TERM OF THE LEASE OR CHARTER PERIOD TO NOT LESS THAN ONE YEAR, DELETING THE WORD “TIME” IN THE TITLE AND BODY OF THE DECREE, AND ALLOWING OVERSEAS USE IN CERTAIN CASES 857 PROVIDING FOR THE REORGANIZATION OF PORT ADMINISTRATION AND OPERATION FUNCTIONS IN THE PHILIPPINES, REVISING PRESIDENTIAL DECREE NO. 505 DATED JULY 11, 1974, CREATING THE PHILIPPINE PORT AUTHORITY, BY SUBSTITUTION, AND FOR OTHER PURPOSES.
Marine Development and Conservation
REPUBLIC ACTS No. Title 1606 AN ACT TO PROMOTE SCIENTIFIC, ENGINEERING AND TECHNOLOGICAL RESEARCH, INVENTION AND DEVELOPMENT. 1535 AN ACT AMENDING SECTIONS ONE, TWO, THREE AND FOUR OF REPUBLIC ACT NUMBERED FOUR HUNDRED TWENTY-EIGHT, ENTITLED “AN ACT TO DECLARE ILLEGAL THE POSSESSION, SALE OR DISTRIBUTION OF FISH OR OTHER AQUATIC ANIMALS STUPEFIED, DISABLED OR KILLED BY MEANS OF DYNAMITE OR OTHER EXPLOSIVE OR TOXIC SUBSTANCES AND PROVIDING PENALTIES THEREFOR.” 3512 AN ACT CREATING A FISHERIES COMMISSION DEFINING ITS POWERS, DUTIES AND FUNCTIONS, AND APPROPRIATING FUNDS THEREFOR. 3680 An Act Converting The Present Philippine Nautical School Into The Philippine Merchant Marine Academy, Conferring The Degrees of Bachelor of Science In Marine Transportation, Major In Navigation and Seamanship, and Bachelor of Science In Marine Transportation, Major In Steam Engine and Electrical Engineering, Providing For A Merchant Marine Academy Board, Defining The Board’s Responsibilities and Duties, and For Other Purposes. 7471 AN ACT TO PROMOTE THE DEVELOPMENT OF PHILIPPINE OVERSEAS SHIPPING 7586 National Integrated Protected Areas System Act of 1992 7942 AN ACT INSTITUTING A NEW SYSTEM OF MINERAL RESOURCES EXPLORATION, DEVELOPMENT, UTILIZATION AND CONSERVATION 8435 AN ACT PRESCRIBING URGENT RELATED MEASURES TO MODERNIZE THE AGRICULTURE AND FISHERIES SECTORS OF THE COUNTRY IN ORDER TO ENHANCE THEIR PROFITABILITY, AND PREPARE SAID SECTORS FOR THE CHALLENGES OF GLOBALIZATION THROUGH AN ADEQUATE, FOCUSED AND RATIONAL DELIVERY OF NECESSARY SUPPORT SERVICES, APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES 8544 AN ACT REGULATING THE PRACTICE OF THE MERCHANT MARINE PROFESSION IN THE PHILIPPINES 8550 PHILIPPINE FISHERIES CODE OF 1998 8991 AN ACT TO ESTABLISH THE BATANES GROUP OF ISLANDS AND ISLETS AS A PROTECTED AREA, AND ITS PERIPHERAL WATERS AS BUFFER ZONES, PROVIDING FOR ITS MANAGEMENT AND FOR OTHER PURPOSES 9106 AN ACT FOR THE ESTABLISHMENT AND MANAGEMENT OF SAGAY MARINE RESERVE, DEFINING ITS SCOPE COVERAGE, AND FOR OTHER PURPOSES 9275 AN ACT PROVIDING FOR A COMPREHENSIVE WATER QUALITY MANAGEMENT AND FOR OTHER PURPOSES 9281 An Act to Strengthen Agriculture and Fisheries Modernization in the Philippines by Extending the Effectivity of Tax Incentives and its Mandated Funding Support, Amending for this Purpose Sections 109 and 112 of REPUBLIC ACT NO. 8435 9295 AN ACT PROMOTING THE DEVELOPMENT OF PHILIPPINE DOMESTIC SHIPPING, SHIPBUILDING, SHIP REPAIR AND SHIP BREAKING, ORDAINING REFORMS IN GOVERNMENT POLICIES TOWARDS SHIPPING IN THE PHILIPPINES, AND FOR OTHER PURPOSES 9147 Wildlife Resources Conservation and Protection Act 9379 “The Handline Fishing Law” An Act Defining Handline Fishing, Providing Effective Regulations Therefor And For Other Purposes 9471 AN ACT TO ESTABLISH AQUATIC RESEARCH AND TECHNOLOGY CENTER IN SUITABLE MUNICIPALITY IN THE PROVINCE OF CAMARINES SUR, AND APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES 9483 Oil Pollution Compensation Act of 2008 9512 AN ACT TO PROMOTE ENVIRONMENTAL AWARENESS THROUGH ENVIRONMENTAL EDUCATION AND FOR OTHER PURPOSES 9513 “Renewawable Energy Act of 2008” An Act promoting the Development, Utilization and Commercialization of Renewable Energy Resorouces and for other purposes 10067 AN ACT ESTABLISHING THE TUBBATAHA REEFS NATURAL PARK IN THE PROVINCE OF PALAWAN AS A PROTECTED AREA UNDER THE NIPAS ACT (RA 7586) AND THE STRATEGIC ENVIRONMENTAL PLAN (SEP) FOR PALAWAN ACT (RA 7611), PROVIDING FOR ITS MANAGEMENT AND FOR OTHER PURPOSES 10121 “Philippine Disaster Risk Reduction and Management Act of 2010” An Act Strengthening the Philippine Disaster Risk Reduction and Management System, Providing for the National Disaster Risk Reduction and Management Framework and Institutionalizing the National Disaster Risk Reduction and Management Plan, Appropriating Funds Therefor and for other Purposes. 10587 An Act Regulating the Practice of Environmental Planning, Repealing for the Purpose Presidential Decree Numbered One Thousand Three Hundred and Eight, Entitled “Law Regulating the Environmental Planning Profession in the Philippines”, and for Other Purposes 10601 An Act Promoting Agricultural and Fisheries Mechanization Development in the Country 10664 AN ACT TO PREVENT, DETER AND ELIMINATE ILLEGAL, UNREPORTED AND UNREGULATED FISHING, AMENDING REPUBLIC ACT NO. 8550, OTHERWISE KNOWN AS “THE PHILIPPINE FISHERIES CODE OF 1998,” AND FOR OTHER PURPOSES
PRESIDENTIAL DECREES No. Title 214 FURTHER AMENDING THE PHILIPPINE OVERSEAS SHIPPING ACT OF 1955 664 AMENDING SECTION 12 OF REPUBLIC ACT NUMBERED 1407 AS AMENDED, OTHERWISE KNOWN AS “THE PHILIPPINE OVERSEAS SHIPPING ACT OF NINETEEN HUNDRED AND FIFTY-FIVE” 666 PROVIDING FOR INCENTIVES FOR THE SHIPBUILDING AND SHIP REPAIR INDUSTRY 667 PROVIDING FOR INCENTIVES TO THE SHIPPING INDUSTRY BY GRANTING ADDITIONAL DEDUCTIBLE ITEMS FOR INCOME TAX PURPOSES 667-A PROVIDING FOR THE SUBSTITUTION OF PRESIDENTIAL DECREE NO.667 AND DIRECT INCENTIVES FOR THE DEVELOPMENT OF PHILIPPINE OVERSEAS SHIPPING 1711 FURTHER AMENDING PRESIDENTIAL DECREE NO. 760, AS AMENDED BY FURTHER ENCOURAGING THE CHARTERING OF ESPECIALIZED OCEAN-GOING VESSELS AND BY EXTENDING THE EFFECTIVITY OF THE DECREE UNTIL 1999. 979 Marine Pollution Decree of 1976 602 National Operation Center for Oil Pollution at the Philippine Coast Guard 705 Forestry Code 704 Revising and consolidating all laws and decrees affecting fishing and fisheries 1694 ORGANIZATION AND ADMINISTRATION OF THE WELFARE FOR OVERSEAS WORKERS 1521 THE SHIP MORTGAGE DECREE OF 1978 1284 GRANTING AUTHORITY TO THE PHILIPPINE PORTS AUTHORITY TO PLAN, CONSTRUCT, DEVELOP AND MAINTAIN ALL PORT TERMINAL FACILITIES IN THE INTERNATIONAL PORT NORTH HARBOR, MANILA BAY, TO SUPERVISE THE OPERATION AND MANAGEMENT OF SUCH FACILITIES, AS AMENDING FOR THE PURPOSE PRESIDENTIAL DECREE NO. 634, DATED 7TH OF JANUARY 1975, REPEALING PRESIDENTIAL DECREE NO.802 DATED 18TH SEPTEMBER 1975, AND FOR OTHER PURPOSES 1067 Water Code 979 PROVIDING FOR THE REVISION OF PRESIDENTIAL DECREE NO. 600 GOVERNING MARINE POLLUTION
EXECUTIVE ORDERS No. Title 542 (1979) Creating the Task Force Pawikan and Appropriating Funds Therefor 927 (1983) FURTHER DEFINING CERTAIN FUNCTIONS AND POWERS OF THE LAGUNA LAKE DEVELOPMENT AUTHORITY 247 (1995) PRESCRIBING GUIDELINES FOR THE PROSPECTING OF BIOLOGICAL AND GENETIC RESOURCES 578 ESTABLISHING THE NATIONAL POLICY ON BIOLOGICAL DIVERSITY, PRESCRIBING ITS IMPLEMENTATION THROUGHOUT THE COUNTRY, PARTICULARLY IN THE SULU SULAWESI MARINE ECOSYSTEM AND THE VERDE ISLAND PASSAGE MARINE CORRIDOR 57 ESTABLISHING A NATIONAL COAST WATCH SYSTEM, PROVIDING FOR ITS STRUCTURE AND DEFINING THE ROLES AND RESPONSIBILITIES OF MEMBER AGENCIES IN PROVIDING COORDINATED INTER-AGENCY MARITIME SECURITY OPERATIONS AND FOR OTHER PURPOSES
Marine Security
REPUBLIC ACTS No. Title 521 Carriage of Goods by Sea Act 2695 AN ACT TO FURTHER AMEND ACT NUMBERED THIRTY-FIVE HUNDRED AND NINETY-TWO, KNOWN AS THE “PORTWORKS FUND ACT,” AS AMENDED BY COMMONWEALTH ACT NUMBERED ONE HUNDRED AND THIRTY AND REPUBLIC ACT NUMBERED TWELVE HUNDRED AND SIXTEEN, AND TO PROVIDE FOR THE DISBURSEMENT OF SAID FUND. 5713 AN ACT CREATING A PHILIPPINE COAST GUARD, PRESCRIBING ITS POWERS AND FUNCTIONS, APPROPRIATING THE NECESSARY FUNDS THEREFOR, AND FOR OTHER PURPOSES. 6542 AN ACT MAKING THE MUNICIPALITY OF MASINLOC, PROVINCE OF ZAMBALES, A PORT OF ENTRY, BY AMENDING SECTION SEVEN HUNDRED ONE OF THE TARIFF AND CUSTOMS CODE OF THE PHILIPPINES, AS AMENDED. 7471 AN ACT TO PROMOTE THE DEVELOPMENT OF PHILIPPINE OVERSEAS SHIPPING 9301 AN ACT AMENDING CERTAIN PROVISIONS OF REPUBLIC ACT NO. 7471, ENTITLED “AN ACT TO PROMOTE THE DEVELOPMENT OF THE PHILIPPINE OVERSEAS SHIPPING” AND FOR OTHER PURPOSES 9400 AN ACT AMENDING REPUBLIC ACT NO. 7227, AS AMENDED, OTHERWISE KNOWN AS THE BASES CONVERSION AND DEVELOPMENT ACT OF 1992, AND FOR OTHER PURPOSES 9993 Philippine Coast Guard Law of 2009 10635 AN ACT ESTABLISHING THE MARITIME INDUSTRY AUTHORITY (MARINA) AS THE SINGLE MARITIME ADMINISTRATION RESPONSIBLE FOR THE IMPLEMENTATION AND ENFORCEMENT OF THE 1978 INTERNATIONAL CONVENTION ON STANDARDS OF TRAINING, CERTIFICATION AND WATCHKEEPING FOR SEAFARERS, AS AMENDED, AND INTERNATIONAL AGREEMENTS OR COVENANTS RELATED THERETO 10668 An Act Allowing Foreign Vessels to Transport and Co-Load Foreign Cargoes For Domestic Transshipment and For Other Purposes PRESIDENTIAL DECREES No. Title 474 PROVIDING FOR THE REORGANIZATION OF MARITIME FUNCTIONS IN THE PHILIPPINES, CREATING THE MARITIME INDUSTRY AUTHORITY, AND FOR OTHER PURPOSES. 505 PROVIDING FOR THE REORGANIZATION OF PORT ADMINISTRATION AND OPERATION FUNCTIONS IN THE COUNTRY, CREATING THE PHILIPPINE PORT AUTHORITY, PAVING THE WAY FOR THE ESTABLISHMENT OF INDIVIDUAL, AUTONOMOUS PORT/ INDUSTRIAL ZONE AUTHORITIES IN THE PORT/ INDUSTRIAL ZONE AUTHORITIES IN THE DIFFERENT PORT DISTRICTS, AND FOR OTHER PURPOSES. 602 National Operation Center for Oil Pollution at the Philippine Coast Guard 1711 FURTHER AMENDING PRESIDENTIAL DECREE NO. 760, AS AMENDED BY FURTHER ENCOURAGING THE CHARTERING OF ESPECIALIZED OCEAN-GOING VESSELS AND BY EXTENDING THE EFFECTIVITY OF THE DECREE UNTIL 1999. 1284 GRANTING AUTHORITY TO THE PHILIPPINE PORTS AUTHORITY TO PLAN, CONSTRUCT, DEVELOP AND MAINTAIN ALL PORT TERMINAL FACILITIES IN THE INTERNATIONAL PORT NORTH HARBOR, MANILA BAY, TO SUPERVISE THE OPERATION AND MANAGEMENT OF SUCH FACILITIES, AS AMENDING FOR THE PURPOSE PRESIDENTIAL DECREE NO. 634, DATED 7TH OF JANUARY 1975, REPEALING PRESIDENTIAL DECREE NO.802 DATED 18TH SEPTEMBER 1975, AND FOR OTHER PURPOSES 760 ALLOWING THE TEMPORARY REGISTRATION OF FOREIGN -OWNED VESSELS UNDER TIME CHARTER OR LEASE TO PHILIPPINE NATIONALS FOR USE IN THE PHILIPPINE COASTWISE TRADE SUBJECT TO CERTAIN CONDITIONS. 761 AMENDING SECTION EIGHT HUNDRED SIX OF THE TARIFF AND CUSTOMS CODE OF THE PHILIPPINES, AS AMENDED, BY ALLOWING THE REGISTRATION OF VESSELS THE OWNERSHIP OF WHICH IS VESTED IN CORPORATIONS OR ASSOCIATIONS, AT LEAST SIXTY PERCENT OF THE CAPITAL STOCK OR CAPITAL OF WHICH BELONG TO CITIZENS OF THE PHILIPPINES AND FOR OTHER PURPOSES. 866 AMENDING PRESIDENTIAL DECREE NO. 760 BY REDUCING THE TERM OF THE LEASE OR CHARTER PERIOD TO NOT LESS THAN ONE YEAR, DELETING THE WORD “TIME” IN THE TITLE AND BODY OF THE DECREE, AND ALLOWING OVERSEAS USE IN CERTAIN CASES 857 PROVIDING FOR THE REORGANIZATION OF PORT ADMINISTRATION AND OPERATION FUNCTIONS IN THE PHILIPPINES, REVISING PRESIDENTIAL DECREE NO. 505 DATED JULY 11, 1974, CREATING THE PHILIPPINE PORT AUTHORITY, BY SUBSTITUTION, AND FOR OTHER PURPOSES.
Administrative Orders
ADMINISTRATIVE ORDER COVERS DAO 55 (1991) DENR Dugong DAO 15 (2004) DENR Hawksbill and other turtles FAO 185 (1992) BFAR All dolphins FAO 185-1 (1997) BFAR Amendment of FAO 185 (1992), by adding whales FAO-193 (1998) BFAR Whale sharks and manta ray FAO-208 (2001) BFAR Rare, threatened, and endangered species FAO-233 (2010) BFAR Aquatic wildlife conservation FAO-233-1 (2011) BFAR Amendment of FAO 233 (2011) Joint AO 1 (2005) BFAR-DOT Guidelines for cetacean interaction; whale watching AO 282 (2010) Malacanang Enhancement of whale shark protection
Appendix 9 Palawan: A Case Study on Marine Environmental Management UP Center for Integrative and Development Studies
Abstract
Situated at the cusp of the West Philippine Sea and Sulu Sea is the island- province of Palawan, endowed with rich natural resources both in land and in marine environments. Lush forests and pristine waters compose its environment. In the midst of its arising fame, progress and development, Palawan, through the Palawan Council for Sustainable Development (PCSD), works its way to balance protection and conservation of its natural resources towards sustainable development. A valuable message of the PCSD is its effort to bring in all sectors (national government, local government, academe, non- governmental organizations, tribal sectors, and the military) in a shared mission and interest to make the development of Palawan sustainable. Institutionalization of sustainable development is supported by both statutory interventions, legal mechanisms, and meaningful participation of diverse sectors.
Introduction
Traveling sites and blogs say that nothing describes Palawan better than the waters that surround the province. Straddling the Sulu Sea in the east and southeast and the West Philippine Sea in the west (7047’-12022’ N and 117000’ and 119051’ E), Palawan is the largest province of the country with a land area of 1.5 million hectares composed of 1,768 islands and 23 municipalities. Composed of the Calamianes Group of Islands (Busuanga Island, Coron Island and Culion Island) in the northeasternmost, Durangan Island (and also Spratly Islands) in the westernmost, and Cuyo in the easternmost in Sulu Sea and Balabac Island in the southernmost. Its main island is a narrow strip of land 625 km long and 40 km wide at its widest Its capital city, Puerto Princesa, is located in the middle of the province. It has a unique geography attributed to its unique geology, with its northeast land area derived from the southeast edge of the continental crust of China and its southwest land area derived from the uplifted oceanic crust and mantle (known as ophiolites). As Palawan is an archipelago of islands and islets (island-province) within an archipelagic country (Cabrestante 2015), it can be a microcosm as to how the government can balance progress and development with protection and conservation of natural resources for sustainable development. Provinces of the country aim for progressive economic development. However, as these pursue and move toward this goal, there is the possibility of putting the terrestrial, coastal, and marine environments of the province in jeopardy. In the midst of attracting and accommodating businessmen and investors for economic development, the natural condition of terrestrial, coastal, and marine environments is at stake. Palawan, through the PCSD, is able to promote development, conservation, management, protection, and utilization of natural environment and resources both for the present and future generations. In the midst of utilization and development, it is able to conserve, manage, and protect the environment and resources. This case study is done as part of the National Marine Policy Review Project. It aims to (1) present how Palawan implements conservation, management, and protection, especially in its marine environment, through PCSD and with participation of other sectors, as it continues to progress and develop, and (2) determine if PCSD could be recommended to other provinces of the country. However, it must not be neglected that the strategic location, biological diversity, and natural resources of Palawan are unique and are different from other provinces, thus issues must be treated differently (Meñez 2016 interview). Development in every aspect must be site- and province-specific, and the strategic and competitive advantages of every province must be understood. Moreover, issues faced by the province of Palawan may be different from issues faced by other provinces.
Marine resources and economy
Considered as the Philippine’s last ecological frontier, Palawan has highly rich and diverse flora and fauna both in land and sea (Cabrestante 2015), and, as more studies are conducted, more information is being revealed. Palawan has the highest mangrove assemblage, making up to 42 percent of the total remaining mangroves of the country (Palawan Council for Sustainable Development 2010). Out of the 28 total true mangroves (under 19 families) recorded in the Philippines, 31 mangroves species are found in the province (United Nations Educational, Scientific and Cultural Organization 2013), which is eight species (under 11 families) more than what was reported by Ong and colleagues in 2010. Out of the 16 identified sea grass species recorded in the Philippines, 13 species are found in the province (Palawan Council for Sustainable Development 2015b), which is three species more than what was reported in 2010. There are also almost 200 seaweed species identified in the province (Sariego n.d.; Liao, Belleza, and Geraldino 2013; Santiañez Sariego, and Trono 2015). Out of the 430 species of coral fauna in the country, more than 50 percent (379 species) are found in Palawan (Palawan Council for Sustainable Development 2015b). About 20 species of whales and dolphins (cetaceans), one species of sea cow (sirenians), and five species of sea turtles are also found in the province (Aquino 2009). With that, its economy is dependent on its natural environment and resources. The agriculture, fishery, and forestry sectors are the major sources of employment as compared to the industry and service sectors, even if there was a 9 percent decrease, from 67 percent to 58 percent, in 2002 and 2011 (Palawan Council for Sustainable Development 2015b). Among marine-based livelihoods are fishery and live-reef-fish-for-food production, seaweed farming, pearl culture and farming, offshore oil exploration, and tourism. About 65 percent of Manila’s fish consumption is provided by the fishing grounds of Palawan (Bureau of Agricultural Statistics 2012). It has been the primary source of live-reef-fish-for food (LRFF) trade, providing 26 percent to 32 percent of the country’s grouper production in 2003-2014, with the highest volume recorded in 2008 (Palawan Council for Sustainable Development 2015b). There are also live marine ornamental exports of live corals, fish, and other reef-associated organisms for marine aquaria, largely to the U.S. (Pomeroy and Douvere 2008). It is the country’s top seaweed producer, with a highest record in 2011 at 477.753 metric tons (Bureau of Agricultural Statistics 2012). Eleven pearl farm companies which culture south sea pearl (from pinctada maxima) operate in the northern municipal waters (Palawan Council for Sustainable Development 2015b). The Shell Philippines BV Exploration’s Malampaya Natural Gas Project in Malampaya Sound, Taytay produces 380 million standard cubic feet of natural gas (~380 mmscf per day) and a substantial amount of ~15 kb per day condensate from the Malampaya Gas Field, with estimated total of 3.7 trillion cubic feet of natural gas and 85 million barrels of condensate. There are also the Galoc, Nido, and Matinloc Oil Fields. It has also gained revenues as there is 50-fold increase (14,264 to 832,595) of tourists in the province who usually visit the Puerto Princesa Subterranean River National Park and the Tubbataha Reefs Natural Park (Provincial Planning and Development Office 2012). Consequently, a number of tourist lodging inns also increased (Provincial Planning and Development Office 2012). Not to mention its land-based livelihood are the cashew production, palm oil and rubber plantation and mining and mineral development.
Republic Act 7611 and sustainable governance
Since 1979, Palawan has attempted to protect its environment. Through the first phase project of the Palawan Integrated Area Development Project Office (PIADPO), the Integrated Environmental Plan (IEP) was intended to formulate and implement an ecologically sound development strategy towards sustainable development of the province. From then on, the local government has worked towards the goal of sustainable development until in 1988 when the Strategic Environmental Plan was completed and presented to the Speaker of the House of Representatives Ramon V. Mitra Jr. and Cong. David A. Ponce de Leon, the two Congressmen of Palawan, and later on to the Senate for review. It became the House Bill No. 10945 and the Senate Bill No. 19576. In June 19, 1992, President Corazon Aquino signed Republic Act 7611 known as the Strategic Environmental Plan for Palawan (SEP) Act. ‘To improve the living conditions of the people of Palawan and to increase the economic contribution that Palawan can make to the Republic of the Philippines by developing its resources and land and water in ways that are environmentally sustainable, socially equitable and economically practicable” is the main objective of the Strategic Environmental Plan (SEP). The Palawan Council for Sustainable Development (PCSD) is the multisectoral and interdisciplinary body which, under the law, is charged with the governance, implementation, and policy direction of the SEP. Its staff is mandated to provide machinery to coordinate the policy and functions, to implement programs, and to organize services required by the Council. The establishment of an Environmentally Critical Areas Network (ECAN), greater use of Environmental Impact Assessment (EIA), positive development planning, bringing harmful practices under control, development of underused agricultural lands in plains and low hills, and fostering the use and care of common resources by local communities are among the strategies of SEP. The balance between development and conservation is realized through the ECAN wherein there is a graded system of control, management, and utilization of the province’s natural resources represented through maps, which ensures that most critical areas are protected and development areas are properly utilized and enhanced (Palawan Council for Sustainable Development 2015a). As PCSD envisions to be a united, committed, and competent partner in development through holistic integration of environmental protection with relevant land use planning and rational use of Palawan’s natural resources using the Strategic Environmental Plan (SEP) Framework in order to improve the quality of life in Palawan, it is headed by a chairman, a vice chairman and executive director of the PCSD, a secretary, and its members. The chairman is elected from among the members of the Council once every three years and is currently the governor of Palawan. Among its current members are:
1. Congressmen of the two districts of Palawan 2. Governor of Palawan 3. Deputy General of National Economic and Development Authority 4. Undersecretaries of DENR and DA 5. Mayor of Puerto Princesa City 6. President of League of Municipalities of Palawan 7. President of Liga ng mga Barangay 8. Representatives from the Office of the President 9. Palawan Provincial Board 10. Non-Government Organizations 11. Military 12. Business 13. Tribal sectors 14. Philippine National Police-Provincial Command
However, there are variations in the composition of the members depending on the prevalent issues and concerns faced for a particular year (Palawan Council for Sustainable Development 2015a). Ideally, the structure of the council enables interoperability towards the sustainable development goal of the province. It involves the national government, the local government of the province, the city and municipalities, government agencies, non-government organizations, and other sectors.
The five divisions of the PCSD are: 1. ECAN Policy Research and Planning Division 2. ECAN Monitoring and Evaluation Division 3. ECAN Zones Management and Enforcement Division 4. ECAN Education and Extension Division 5. Finance and Finance Division execute their functions toward the goal
As mandated, the PCSD also assesses and provides clearances and permits, such as: (1) SEP clearance for proposed projects; (2) wildlife special use permit and reef-fish-for-food permit; (3) live reef fish accreditation ensures sustainability of live reef fish for food industry (LRFFI); (4) chainsaw registration and permits; and (5) research accreditation before any project or activity can be conducted to ensure regulation. Through the Palawan Knowledge Platform Biodiversity and Sustainable Development (PKP) organized by the PCSD together with the Asean Centre for Biodiversity (ACB), baseline data for the province, both in land and marine ecosystems, are managed and communicated to leaders, policy makers, stakeholders, and the local people of Palawan (Palawan Council for Sustainable Development 2015b). It provides a venue for sharing researches, studies, projects reports/updates, and other information about Palawan and its resources (Palawan Council for Sustainable Development 2015b). Data and researches are available online on the PCSD website. As data are shared, partnerships among government, non-governmental organizations, and academic institutions of Palawan, together with the provincial government; city government of Puerto Princesa; academic institutions including the Palawan State University, Western Philippines University, and Holy Trinity University; national government agencies operating in Palawan (DENR, DAR, DA-BFAR); the Tubbataha Reefs Natural Park; non-governmental organizations such as the Palawan NGO Network Inc., Conservation International, World Wide Fund for Nature-Philippines (WWF Philippines), Katala Foundation, and Centre for Sustainability, are strengthened (Palawan Council for Sustainable Development 2015b). The academe, NGOs, and research institutions provide baseline data and necessary knowledge for evidence-based decisions. PCSD also works with the Biodiversity Management Bureau (BMB) of the Department of the Environment and Natural Resources (DENR) to mitigate threats in the coastal-marine ecosystem, and conserve, manage, and protect NIPAS sites as 20 percent of the total land area of Palawan (nine protected areas) is declared as protected areas as mandated by the National Integrated Protected Areas System (NIPAS) Act or Republic Act 7586 in January 10, 2013 (Palawan Council for Sustainable Development 2015b). These protected areas are governed by a Protected Area Management Board composed of the DENR as chair, the PCSD as co-chair, and members composed of a) the LGU (the mayor, the Sangguniang Barangay chair of the Committee on Environment, MPDC, MENRO, and ABC President); b) civil society (NGOs, People’s Organization, Municipal Fisheries and Aquatic Resources Council); c) national government agencies; and d) the barangay captains of all barangay of the protected area. Thus, implementation of protected areas becomes the responsibility not only of the government but also of civil society. PCSD has been moving towards the goal of sustainable development but faces the challenge of regulating and enforcing laws and policies over the province. In fact, its mandate still excludes the Kalayaan Island Group (KIG) which is under provincial jurisdiction, even if its protection and conservation needs national focus and intervention (Meñez 2016 interview). Despite these difficulties, the PCSD, government agencies, and other sectors are empowered and participate in governance (Alino 2016 interview; Meñez 2016 interview). In this respect, the PCSD can be a model for other provinces. More convergence and synergies toward development should be practiced as there is more to do for Palawan (Gomez 2016 interview). Competence and capacity must still be enhanced among the staff and enforcers. Decentralization is a disadvantage as there is weakening in implementation (Meñez 2016 interview). Otherwise, alliances must be developed. Conflict in jurisdiction is also evident as in the management of the El Nido Managed Resource Protected Area as it is under Republic Act 7160 (Local Government Code of 1991), Republic Act 7611 (Strategic Environmental Plan for Palawan Act, creator of the PCSD), Republic Act 7586 (National Integrated Protected Areas System Act of 1992) and the Republic Act 8550 (The Philippine Fisheries Code). Different scales of applicability may lead to conflict. Thus, there is a need for integration. Transferability and sustainability
One lesson other local government units can learn from Palawan is the institutionalization of sustainable development as the main framework in which governance is anchored. Passing a statute is one of the most concrete steps in institutionalization of marine governance structure, such as the PCSD. Among the challenges that can be faced when institutionalizing actions, such as a strategic environmental plan for a province, is backing up the plan with necessary evidence and studies. Research is the backbone of a holistic, integrative, and sustainable development plan for an area, and here the academe and civil society can provide the necessary data and guidance. A multidisciplinary approach is always recommended, making sure that the conflicting values and interests of tourism, industrialization, food security, and environmental protection and conservation are being managed to the optimum level. The presence of champions and advocates in government who will rally behind sustainable planning is also necessary, as well as the encouragement and support of civil society. Civil society’s critical stance is at the same time important in providing the necessary check and balance for every government action.
References
Alave, Kristine L. 2012. “UN Approves PH Territorial Claim to Benham Rise.” Philippine Daily Inquirer. Aquino, T. 2009. “Field Guide to Marine Mammal and Sea Turtles in Palawan, Philippines.” Tubbataha Management Office and the Sulu-Sulawesi Seascape Initiative, Conservation International, Quezon City. Bureau of Agricultural Statistics. 2012. www.bas.gov.ph. Cabrestante, M. P. 2015. “Enhancing the Environmental Monitoring and Evaluation System of Palawan Biosphere Reserve, Philippines.” Our Palawan 1(1):37-47. Liao, Lawrence M., Dominic Franco C. Belleza, and Paul John L. Geraldino. 2013. “Marine Algae of the Sulu Sea Islands, Philippines II: Annotated List of the Brown Seaweeds (Phaeophyceae) from the Cuyo Islands.” Phytotaxa 152(1):1- 17. Palawan Council for Sustainable Development. 2000. “Palawan Asset Accounts: Fishery, Forest, Land/Soil, Mineral and Water Resources” Palawan, Philippines. ———. 2010. State of the Environment 2009 Updates, Province of Palawan, Philippines. Puerto Princesa City: Palawan Council for Sustainable Development. ———. 2015a. “Citizen’s Charter.” A Guidebook on Government Services. ———. 2015b. State of the Environment 2015 Updates, Province of Palawan (UNESCO Man and Biosphere Reserve), Philippines. Puerto Princesa City: Palawan Council for Sustainable Development. Pomeroy, Robert and Fanny Douvere. 2008. “The engagement of stakeholders in the marine spatial planning process.” Marine Policy 32(5):816-22. Provincial Planning and Development Office. 2012. “Community-Based Management System.” Santiañez, Wilfred John E., Ria S. Sariego, and Gavino C. Trono, Jr. 2015. “The Seaweed Flora of the Balabac Marine Biodiversity Conservation Corridor (BMBCC), Southern Palawan, Western Philippines.” Plant Ecology and Evolution 148(2):267-82. United Nations Educational, Scientific and Cultural Organization. 2014. “Report on Understanding Palawan as a UNESCO Biosphere Reserve.” Manila Observatory Report to the UNESCO Science and Technology Commission.
Interviews
Porfirio Aliño, January 27, 2016. Edgardo Gomez, January 27, 2016. Gil Jacinto, January 27, 2016. Marie Antonette Juinio-Meñez, January 27, 2016. Appendix 10 Proposed Institutional Arrangement for Ocean and Marine Governance
Issue
Institutional Fragmentation. The approach in the management of ocean and marine resources in the country is sectoral as reflected in the institutional and administrative jurisdictions of current government agencies with ocean/marine- related mandates (e.g., Bureau of Fisheries and Aquatic Resources for fisheries, Department of Energy for ocean energy, Maritime Industry Authority and Philippine Ports Authority for marine transportation, Philippine National Police- Maritime Police Command and Philippine Coast Guard for marine/maritime security, etc.).There are more than thirty agencies that are involved in marine governance. This is made more complicated by overlapping administrative jurisdictions as a result of unclear decentralization and devolution of powers to local government units. This institutional fragmentation affects the overall performance on implementing actions addressing the country’s emerging marine/maritime concerns.
Goal
To establish a high-level integrated, and strengthened decision-making and implementation mechanism within the context of a decentralized system of governance to provide an institutional focus for the leadership and management of the multiple uses of ocean and marine resources.
Objectives
• Reduced (if not absolutely eliminated) substantial duplication and overlap in functions of marine-related government agencies • Established a clear framework for the conservation and development of marine environment, balancing the need to increase marine life production and the need to conserve biodiversity towards sustainable oceans and marine resources management • Strengthened inter-agency database and information-sharing system for intrasectoral and intersectoral integration of policies, plans, and programs, and for monitoring and evaluation • Harmonized and orchestrated planning and implementation at all levels of management • Harnessed broad involvement of key stakeholders, both high level and grassroots, including state universities and colleges Strategy
Rationalize and streamline the functions and responsibilities of government agencies with ocean-/marine-related mandates through the creation of an institutional leader in marine resources management and development.
Principles
Regardless of the option that will be selected as an administrative arrangement for marine and ocean governance, such administrative arrangement shall be guided, at the minimum, by the following principles: 1. The administrative arrangement shall provide for an integrative and comprehensive approach to addressing marine environment as well as socioeconomic issues to promote the optimum and sustainable utilization of marine and ocean resources. To this end, a national framework for ocean and marine resources shall be prepared. 2. The administrative arrangement shall be provided with adequate wherewithal—financial, logistical, and personnel—to carry out the coordinated and integrated approach in the formulation and implementation of marine policies, plans, and programs. 3. There shall be competency and capacity building through the establishment of professional multidisciplinary academic institution shall be a necessary component of the proposed administrative arrangement for ocean and marine governance. 4. Provision of sustainable financing through the establishment of long-term funds, credit, and other financing schemes. 5. A research and development arm shall be established regardless of the type of administrative arrangement for ocean and marine affairs. 6. Emphasize the institutionalization of collaborative and shared responsibility recognizing the role of local government units that are with the advantage of having close proximity to the resources and the community. The local government units shall develop the resources in their respective municipal waters. 7. There shall be effective people’s participation mechanisms and equitable sharing of resources in the sustainable development of marine and ocean resources. 8. The proposed administrative structure shall cover the areas of development and conservation, regulation and enforcement, and marine security. As such, the administrative structure has to have a close administrative relationship (either through attachment or administrative supervision) with the agency of the government, with functions that is integrative in nature. 9. The area of politics and jurisdiction, which primarily concerns national territory, shall be retained by the Department of Foreign Affairs. The Secretary of Foreign Affairs shall, however, participates as a member of the collegial body to be created.
Short-Term
The short-term plans for the administrative arrangements include those that could be implemented even without legislative enactments. These are measures that have to be implemented while the Congress is working on the passage of a law that will create an institutional leader for ocean/marine governance. The following interventions must be implemented at the earliest possible opportunity: 1. Jointly formulate policies clarifying agency mandates advocated and promulgated by concerned agencies and institutions. These may take the form of the promulgation and issuance of joint administrative orders, which has been the practice to increase collaboration between and among government agencies with similar mandates. In particular, convergence among DA, DENR, and DOST is needed to ensure a clear policy guideline balancing food security and environmental concerns. 2. Issue an executive order that will modify the National Economic and Development Authority (NEDA) Board Interagency Committees to include a committee on Marine and Ocean Affairs. This will ensure that marine and ocean related concerns are integrated in the national and subnational level plans. 3. Similarly, the LEDAC must also have a sub-committee on marine and ocean affairs. This will ensure that the institutional restructuring initiatives are done within the context of a broad, comprehensive, and holistic reform in the governance of ocean and marine environment. 4. The Supreme Court may designate select trial courts as Maritime Courts that will have jurisdiction over all cases arising out of act of maritime commerce, transportation, and traffic occurring in Philippine waters. In addition, the Supreme Court shall promulgate rules and procedures for marine cases to enhance the mechanisms for the settling of maritime controversies.
Medium to Long Term
The medium/long-term institutional intervention for ocean and marine governance shall necessitate a Congressional enactment. The following administrative arrangement options for the ocean and marine governance shall be established through an act of Congress: 1. Option A: Strengthening and broadening the institutional base of the current National Coast Watch System through the creation of the National Ocean and Marine System 2. Option B: Creation of the Commission for Ocean and Marine Affairs 3. Option C: Creation of the Department of Marine Affairs
Option A: Strengthening and Broadening the Institutional Base of the Current National Coast Watch System through the Creation of the National Ocean and Marine Council
To truly reflect the more comprehensive and encompassing nature of marine governance, the current National Coast Watch System shall be transformed into the National Ocean and Marine System. The National Ocean and Marine System shall be under the Office of the President, with the Executive Secretary as Chair. Considering the transformation in the organizational structure of the current National Coast Watch System, this would require Congressional legislation. Congressional legislation strengthens the institutional base of the proposed National Ocean and Marine System as this would now have a statutory mandate. The current composition of the National Coast Watch Council (NCWC) shall be broadened and strengthened and shall be renamed as the National Ocean and Marine Council. In addition to the current composition of the NCWC,1 the following shall comprise the members of the National Ocean and Marine Council: • Director General of the National Economic and Development Authority (replacing the Executive Secretary who acts as the chairperson of the current National Coast Watch Council). • Executive Director of the proposed National Ocean and Marine Management Office (as co-chair) • Secretary of Finance • Secretary of Education • Secretary of Tourism • Secretary of Trade and Industry • Secretary of Science and Technology • Chairman of the Commission on Higher Education • President of the League of Provinces • President of the League of Municipalities • President of the League of Cities
1The NCWC is comprised of the Executive Secretary (as Chair) and the Secretaries of Transportation and Communications, National Defense, Foreign Affairs, the Interior and Local Government, Justice, Energy, Finance, Environment and Natural Resources, and Agriculture. • President of the League of Barangays • Representatives from the private sector (chosen by the Council and appointed by the President for a fixed term upon recommendation of the Council) comprising representatives from the academe, fisherfolk and fisherworkers, commercial fishing and aquaculture operators and processing sectors, business community engaged in activities such as marine transportation, port operations, etc.
The existing National Fisheries and Aquatic Resources Management Council and local Fisheries and Aquatic Resources Management Councils created pursuant to Republic Act No. 8550 (or the Philippine Fisheries Code of 1998) shall be abolished and replaced by the proposed National Ocean and Marine Council. There shall be established in all municipalities and cities abutting coastal and marine waters a local ocean and marine council replacing the existing local Fisheries and Aquatic Resources Management Council. The current National Coast Watch Secretariat shall be renamed as the National Ocean and Marine Management Office and shall still be headed by an Executive Director appointed by the President upon the recommendation of the National Ocean and Marine Council. The Executive Director shall be assisted by assisted by two Deputy Executive Directors appointed by the National Ocean and Marine Council—a Deputy Executive Director for Ocean and Marine Programs (who shall be performing the line functions of the office) and a Deputy Executive Director who shall be focused on the internal operations of the National Ocean and Marine Management Office. The existing National Coast Watch Center shall be one of the units of the proposed agency that will be focused on marine security. It shall be under the proposed Council with an office doing not just marine security but also development and regulation.
Option B: Creation of the National Commission for Marine Affairs
The National Commission for Ocean and Marine Affairs shall be the lead policy- making body to coordinate, monitor and evaluate government policies, plans, and programs to ensure a balanced and sustainable development and conservation of ocean and marine resources. The National Commission for Ocean and Marine Affairs shall have the same status as that of a national government agency and shall be under the Office of the President. The Executive Director shall serve as the Chairperson of the Commission and shall have four commissioners appointed by the President. The NEDA Director-General shall serve as the Vice Chairperson of the Commission. The Vice Chairperson and the three other Commissioners shall have the rank of Secretary and Undersecretary, respectively. The existing National Coast Watch Council, which is being proposed to be transformed into the National Ocean and Marine Council under option A, shall serve as the advisory council of the National Commission for Ocean and Marine Affairs. Option C: Creation of the Department of Marine Affairs
The third option is creation of an independent/line marine agency. As a line agency, it shall directly implement policies, plans, and programs. For purposes of this strategic plan, it shall be tentatively called the Department of Marine Affairs.2 The Department of Marine Affairs shall have the following key features:
1. The agency to be created must be an independent executive department. While the current National Coast Watch System (NCWS) serves as an inter-agency body for marine and maritime concerns, a more structured administrative arrangement is needed so as to emphasize the nature of marine governance as it covers not just maritime security, which apparently is the current thrust of the NCWS, but also politics and jurisdiction, marine regulation and enforcement, and marine development and conservation. An independent marine agency shall also minimize the tendency of a government agency to give more importance to the aspect of marine policy that is closely related to their mandate and area(s) of specialization. For instance, the earlier administrative mechanism that was placed under the Department of Foreign Affairs resulted in the tendency to implement the National Marine Policy using the perspective of foreign policy (politics and jurisdiction) with less attention on the other pillars of marine policy. 2. There shall be an advisory council to the Department of Marine Affairs with members similar to the composition of the proposed National Ocean and Marine Council under Options A and B. The National Fisheries and Aquatic Resources Management Council3 could be integrated into the advisory council of the Department of Marine Affairs to provide a more holistic approach to the management of fisheries and aquatic resources. 3. To ensure an ecosystem-based approach to the management and development of marine resources, there will be administrative mechanisms for each marine biogeographic region in the country, namely: West Philippine Sea, Sulu Sea, Celebes Sea, Visayas, Northeastern Philippine Sea, and Southeastern Philippine Sea. Instead of regional offices that follow the administrative regions in the Philippines as field service areas of the proposed department, the regional offices shall be created for each biogeographic region. Field offices may also be created depending on the
2 The name Department of Marine Affairs was suggested during the National Marine Policy Scoping Workshop held on 11 May 2015. 3 Created by virtue of Rep. Act No. 8550 to (a) assist in the formulation of national policies for the protection, sustainable development and management of fishery and aquatic resources for the approval of the Secretary; (b) assist the Department in the preparation of the National Fisheries and Industry Development Plan; and (c) perform such other functions as may be provided by law (Sec. 72). exigencies of these biogeographic regions. These biogeographic regional and field offices shall constitute the operating arms of the Department of Marine Affairs. 4. The Philippine Coast Guard shall be transferred from the Department of Transportation and Communications to the Department of Marine Affairs as an armed and uniformed service with core functions of maritime safety, marine environmental protection, maritime law enforcement, and maritime search and rescue. The existing National Coast Watch Center4 established in and headed by the Philippine Coast Guard shall be retained. The National Coast Watch Center is an inter-agency maritime surveillance and coordinated response facility to address current and future maritime safety, security, and environmental protection challenges in the country. To ensure sustainable utilization of marine resources, a monitoring, control, and surveillance system shall be established at the national and biogeographic regional levels under the National Coast Watch Center. 5. To prevent duplication of functions that could later on result in administrative conflicts, it is recommended that the role of the Maritime Police Command, an operational support unit under the Philippine National Police, be modified. There are at least two alternatives to address this. One is the complete abolition of the Maritime Police Command with all its maritime law enforcement functions returned to the Philippine Coast Guard.5 The other alternative is that the role of the Maritime Police Command shall be limited to the enforcement of the Revised Penal Code provisions, while maritime law enforcement functions be performed solely by the Philippine Coast Guard. In both alternatives, however, the Philippine National Police is not absolutely prevented from exercising police functions over coastal areas within their jurisdiction. 6. The Bureau of Fisheries and Aquatic Resources, currently under the Department of Agriculture, shall be transferred as a line bureau of the Department of Marine Affairs. Its primary mandate is to ensure the development, improvement, management, and conservation of the country’s fisheries and aquatic resources. 7. The following agencies shall be created/transferred to and be either under the administrative supervision or an attached agency of the Department of Marine Affairs: a. The Maritime Industry Authority (MARINA), which currently is attached to the Department of Transportation and Communications,
4 Created pursuant to Executive Order NO. 57, s. of 2011 and Executive Order No. 82, s. of 2012. 5 This requires amendment of Republic Act No. 6975. shall be the primary office with general jurisdiction and supervision over all persons, corporations, firms, or entities in the maritime industry (e.g., marine transportation, crewing, seafaring, licensing, certification, shipbuilding, ship repair, maritime education and training, etc.). b. The Philippine Ports Authority (PPA) shall be transferred under the administrative supervision of the Department of Marine Affairs. It shall primarily be responsible for the development and management of the ports system in the country within the context of a national intermodal and multimodal transport network that is responsive to the needs of regional trade and economic development. c. The Marine and Oceanographic Research Institute, which shall be established as an attached agency of the Department of Marine Affairs, shall converge with existing relevant government agencies such as the Department of Science and Technology, the National Economic and Development Authority, the Department of Environment and Natural Resources (particularly, the Biodiversity Management Bureau), the Department of Agriculture, and state universities and colleges (e.g., UP Marine Science Institute, UPV College of Fisheries and Ocean Sciences, etc.). A panel of technical experts comprising of a network of experts, enforcers, and local communities shall assist the Marine and Oceanographic Research Institute to ensure the blending of scientific research and local knowledge on marine environment. There shall be created for each marine biogeographic region a marine and oceanographic research center/station. Existing marine research centers/institutes, such as the Marine Research and Breeding Center in the Municipality of Baler, Province of Aurora created pursuant to Republic Act No. 9441 and the National Fisheries Research and Development Institute of the Bureau of Fisheries and Aquatic Resources, shall be integrated into the Marine and Oceanographic Research Institute. d. The Philippine Reclamation Authority, a government owned and controlled corporation, currently an attached agency of the Department of Environment and Natural Resources, shall be transferred to the Department of Marine Affairs as its attached agency. The agency’s mandate is primarily on reclamation of land, both proprietary and regulatory. The impacts of land reclamation to marine resources management necessitates that it be an attached agency of the Department of Marine Affairs. e. The Philippine Merchant Marine Academy, currently an attached agency of the Department of Transportation and Communications, offers nautical curriculum leading to the degrees of Bachelor of Science in Marine Transportation (major in navigation and seamanship) and Bachelor of Science in Marine Engineering (major in steam engine and electrical engineering). Since it is being transferred to the Department of Marine Affairs as an attached agency, it is recommended that the academy also offer more dynamic courses on naval architecture and ocean engineering. Likewise, the Philippine Merchant Marine Academy’s Training Center is recommended to offer capacity development courses for professional marine managers. f. The National Maritime Polytechnic, created pursuant to Presidential Decree No. 1369, offers specialization and upgrading courses for both licensed officers and ratings, and conducts researches and studies on the latest maritime technologies and other related matters for the maritime industry. The existence of the National Maritime Polytechnic, however, has to be studied in depth considering the strategy to rationalize and streamline all government agencies that have marine-related mandates. The functions of the National Maritime Polytechnic could be absorbed by the Philippine Merchant Marine Academy’s Training Center (for the offering of specialization and upgrading courses)6 and by the proposed Marine and Oceanographic Research Institute under the administrative supervision of the Department of Marine Affairs (for the conduct of researches and studies). g. The professionalization of ocean and marine management in the country shall be addressed through the establishment of a professional multidisciplinary institution of higher and advanced learning. This proposed entity shall take charge in the provision of advanced managerial, leadership, and multidisciplinary but integrative capacity building programs for the ocean and marine leaders and managers. Particularly, the proposed capacity building programs shall provide ocean and marine managers competencies to effectively mobilize resources, and direct ocean and marine management activities. The programs to be provided shall be sustained within the context of the dynamic and evolving ocean and marine environment. It is further proposed that this entity shall collaborate and partner with both local and international
6 This could also be offered by private maritime training schools/centers. organizations that provide technical, managerial, and leadership programs to ocean and marine managers and leaders. h. The National Marine Finance Corporation,7 a government-owned and controlled corporation, is proposed to be created to provide credit and other alternative financing schemes as well as manage existing financing facilities related to the marine sector. For instance, the available funds and financing schemes under Republic Act No. 8550 shall be transferred to the National Marine Finance Corporation from their respective fund managers. These include the Municipal Fisheries Grant Fund, Fishery Loan and Guarantee Fund, Fishing Vessels Development Fund, and the Aquaculture Investment Fund.
7 A National Maritime Finance Corporation was proposed to be created pursuant to Senate Bill No. 3545 (or the Philippine Marine Act of 2009) filed by Senator Jinggoy Ejercito Estrada during the 14th Congress to provide credit and other alternative financing schemes to shipbuilders and shipowners.
About the Authors
Edna E.A. Co, DPA is Professor of Public Administration at the UP National College of Public Administration and Governance (NCPAG). She is former Dean of the NCPAG (2010-2013). She was Visiting Research Fellow at the Institute for Development Policy and Management at the University of Manchester and Visiting Lecturer at the City University of Hong Kong, Department of Social and Public Administration. She is concurrent Executive Director of the UP Center for Integrative and Development Studies (CIDS) and Executive Director of the CIFAL Philippines, a member of the global CIFAL network accredited with the UN Institute for Training and Research (UNITAR). Dr. Co serves as Advisory Council member of the Civil Service Commission, Republic of the Philippines, and is a consultant to a number of national and international development organizations, including a couple of international political foundations. Dr. Co has either authored or co-authored works on governance, democracy and democracy assessment, citizen participation, policy reforms, some of which won International Publication Awards from the university and published by notable publishers such as Palgrave Macmillan and Sage Publications. She serves as reviewer in various national and international journals on governance, public administration, and citizenship. She is member of the editorial board of the UP’s Public Policy Journal. Dr. Co served as Project Director of and effectively steered the review of the 1994 National Marine Policy and the Formulation of the Strategic Plan of the NMP, in partnership with the National Coast Watch Council.
Mark Anthony M. Gamboa is a lawyer and licensed environmental planner. He is currently a faculty member of the U.P. School of Urban and Regional Planning and a Senior Lecturer at the Faculty of Management and Development Studies, U.P. Open University. He previously served the U.P. National College of Public Administration and Governance as Assistant Professor while concurrently serving as Residential Programs Coordinator and later on as College Secretary and Director of the Center for Public Administration and Governance Education. Atty. Gamboa also served the University of the Philippines System as its Director for Procurement Operations. In 2012 he was visiting professor at the College of Politics and Governance, Mahasarakham University in Thailand. In addition to teaching, Atty. Gamboa has served as consultant to various international, national, and local government entities working on projects involving governance and institutional capacity development; local/urban and regional development planning; strategic planning for non-profit organizations; program/project development and evaluation; and, environmental policy and legislation among others. His professional practice as institutional/policy expert covers projects funded by national and international development agencies. Atty. Gamboa earned his Bachelor of Arts (Public Administration), Master of Arts in Urban and Regional Planning, and Juris Doctor degrees from the University of the Philippines Diliman. He is a Doctor of Philosophy (Urban and Regional Planning) candidate at the U.P. School of Urban and Regional Planning currently working on his dissertation.
Michael Eric L. Castillo is a senior lecturer in the University of the Philippines National College of Public Administration (UP-NCPAG). He has two decades of experience serving the government in various capacities. He served as Assistant Secretary for Plans and Programs of the Department of National Defense (DND) and as municipal councilor of municipality of Cavinti, Laguna. He rendered a decade of consultancy service to the Philippine Senate and the National Security Council (NSC) and served various offices under the executive branch such as National Coast Watch Council (NCWC), National Bureau of Investigation (NBI), Presidential Commission on the Visiting Forces (PCVF), Metro Manila Development Authority (MMDA), Office for Transportation Security (OTS), Civil Aviation Authority of the Philippines (CAAP), and the Philippine Public Safety College, among others. Michael Eric Castillo has done research in the fields of security, politics, and governance.
RESEARCH ASSISTANTS
Paola G. Ceriola specializes in behavior change communication, project management, and research for sustainable development. Currently, she is a Research Associate for the Review of the 1994 National Marine Policy and the Sustainable Energy Program at the UP Center for Integrative and Development Studies (UP CIDS). She is also completing her Master of Arts degree in Philippine Development Studies at the UP Asian Center. She has previously worked in television production, public relations, and development communications. Paola Ceriola is also an active volunteer for non-profit organizations focused on marine conservation, and a member of the Young Southeast Asian Leaders Initiative (YSEALI).
Madeline N. Davey is Senior Researcher for Marine Policy at the UP-CIDS and an expert in area development and conservation policy. She received her bachelor’s degree in Marine Geosciences and Government and International Relations (2012) and honours dissertation in marine geosciences (2012) with First Class honours at the University of Sydney’s School of Geosciences in Australia, where she focused on industrial coastal development, reef conservation, and political ecology. Ms. Davey has worked in the Philippines since 2013 through the Center for Environmental Concerns, creating, managing, and coordinating multiple flagship marine conservation and education projects in Zambales, Bicol, and Palawan. She has published at Australian Geographer of the Geographical Society of New South Wales and written policy papers in community-based marine resource development and marine protected area management.
Shaira F. Panela is Senior Researcher for Marine Policy at the UP-CIDS with expertise in area regulatory and enforcement policy. She has contributed to several local and international publications, including Asian Scientist Magazine, SciDev.Net, Mongabay.com, Stack PH, Rappler, and GMA News Online. Ms. Panela received her bachelor’s degree (2010) in Journalism at the UP College of Mass Communication and she is completing her MA Journalism at the Konrad Adenauer Asian Center for Journalism at the Ateneo de Manila University. She has participated in various national and international workshops in climate change, research communication, and science communication. She has recently been awarded by Asian Scientist as one of the Merit Prize winners in the First Asian Scientist Writing Prize (July 2015). She represented the country as one of the three Filipinos in the 9th World Conference of Science Journalists in Japan and Korea (June 2015). She also teaches technical writing and science and technology communication at the Mapua Institute of Technology in Manila.
Rhodelyn Saban is a Senior Researcher at the University of the Philippines Center for Integrative and Development Studies (UP-CIDS). She has previously worked on different projects based in the UP Marine Science Institute (UP MSI) which includes those entitled “Philippine Harmful Algal Bloom (PhilHABs),” “Shelf- Pacific Interaction in Luzon (SPIL),” and “Coral Reef Visualization Assessment (CorVA).” She obtained her undergraduate degree in Chemistry from UP Institute of Chemistry and her Master’s degree in Marine Science from UP MSI. For her Master’s thesis, she studied geology, chemistry, and meteorology to determine precipitation variabilities in eastern Philippines.
Aries Ivan Viray is an Associate Project Officer at the Development Academy of the Philippines Center for Governance. He previously worked as a Technical Assistant in the UP Center for Integrative Studies (UP-CIDS) for the Review and Updating of the 1994 National Marine Policy. He previously worked in the Local Government Unit of the City of San Fernando Pampanga and in the shipping and maritime industry with a focus on operations and vessels’ compliance to various maritime laws. He obtained his undergraduate degree in Public Administration at the UP National College of Public Administration and Governance (UP-NCPAG) and he is currently completing his Master’s degree in Urban and Regional Planning at the UP School of Urban and Regional Planning (UP-SURP). His research interests include maritime research, local governance and planning, and organizational management. (PAGE INTENTIONALLY LEFT BLANK) (PAGE INTENTIONALLY LEFT BLANK; INSIDE COVER) IN THIS ISSUE
The Philippines’ nearly 7,500 islands make this nation one of the biggest archipelagos in the world. Situated in the region within the Western Pacific Ocean called the Coral Triangle, the Philippines is at the apex of the global “Center of Marine Biodiversity” (Carpenter and Springer 2005). The richness of the country’s marine resources is unparalleled. At the same time, the country is located at the superhighway of nautical navigation within the vast South China Sea. Its territorial sea (up to 12 nautical miles) is more than double its land area and eight out of every ten provinces lie within the coastline of about 36,000 square kilometers.
The maritime and archipelagic nature of the country, characterized by the demands of a growing population and its subsequent pressure on marine resources as well as the need to comply with the United Nations Convention on the Laws of the Sea (UNCLOS), made it imperative for the country to formulate an integrated strategy for the management and development of its marine resources. In 1994 the National Marine Policy (1994 NMP) was formulated to reflect the government’s vision for the nation to harness its archipelagic nature. The 1994 NMP contains four policy areas: (1) Politics and Jurisdiction, (2) Area Development and Conservation, (3) Maritime Security, and (4) Area Regulation and Enforcement. These policy areas served as foundations for the guiding principles of the policy.
More than two decades later, this review was conducted utilizing a framework adapting the four policy areas of the National Marine Policy. It builds upon the guiding principles of the 1994 NMP and expands them to bring in the goals of sustainability through inclusive and integrative approaches. Inputs such as resources, enabling policies, interoperability, competency requirements, knowledge, learning and education, and leadership are taken into account in the implementation of the policy toward the attainment of inclusive growth and, eventually, sustainable development. These were chosen on the basis of expert input and research themes. These inputs are necessary for the revised National Marine Policy to achieve its goals. This review also acknowledges that resilience to climate change and disaster risk is a crucial factor that influences the policies and outcomes of a marine policy and its implementation.