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the Philippines suggests that when just finance the people by equipping livelihood while protecting their rich fishers are introduced to them with boats and gear. marine environment. cyanide-free techniques for live-fish We just buy fish from them. The capture and ensured a fair price for production side is left to them.” Policy Reforms to Combat their catch, they are willing and often Cyanide Fishing Live Reef Fish Consumers. eager to give up using the poison Consumers have an important role to Cyanide fishing will not end and are equally enthusiastic to talk play in this trade. Publicity and until governments set in place about ways to ensure the long-term consumer pressure may move the effective policies to eradicate it and sustainability of their local reefs and aquarium-fish industry to take action encourage sustainable live-reef . Development of reliable on imports of cyanide-caught fish. fisheries. “Policy reform” in this alternative sources of income Consumer pressure against cyanide context therefore, means strengthens these incentives and fishing is virtually non-existent establishment of effective strict government enforcement of among the Chinese consumers of institutions to monitor the live reef anti-cyanide fishing laws further live food fish, though. As one Hong fish trade, enforce the laws and reinforces them. Kong observer noted, “being provide economic incentives for Live Reef Fish Exporters. The endangered actually seems to spur fishers, traders and consumers to number of companies involved in the demand.” shift to ecologically sustainable, live-fish export business in cyanide-free reef fisheries. Divers and Dive Operators. Southeast Asia is also unknown, but Experience with the Philippines’ Scuba diving and on it appears to be expanding rapidly. DFRP suggests the following tropical reefs is a big and growing In the early 1960s, for example, there priority areas for policy reforms to business throughout the Indo- were only three companies exporting combat cyanide fishing in the many Pacific. Divers and dive operators aquarium fish from the Philippines countries of the Indo-Pacific region have a strong interest in maintaining and export of live food fish did not where it is a growing threat. healthy reefs and fish populations yet exist. By the 1990s there were and are often vocal in their support Policy Reforms in Live Reef Fish some 45 aquarium fish exporters in for marine conservation. Effective Source Countries the country and 8 companies mechanisms have not yet been exporting live food-fish. At least 10 Establish cyanide detection test developed however, to fully tap this companies run holding tanks for live (CDT) laboratory facilities at all group for political and financial food-fish in Bali, Indonesia, a major major live-fish collection and support in combating cyanide transhipment point. Conservative transhipment points. A simple test fishing, although some efforts such estimates of the annual volume of to determine the presence of cyanide as PADI’s (Professional Association Asian trade in live food-fish alone in live fish was developed by IMA of Diving Instructors) Project Aware range between 20,000-25,000 metric and BFAR and has been in use for are working to instill greater general tons, mostly from Indonesia, and the over five years in the Philippines. environmental consciousness in real total may be far greater. Currently, CDT laboratories (see map divers and dive operators. Philippine government statistics on page ?) test over 6,000 samples show that as many as 6 million Engaging these divers to annually. An effective CDT testing aquarium fish were exported in 1996 combat cyanide fishing requires two network is key for a strong effort to and Indonesia is catching up elements: a) government policies reduce cyanide fishing. Without quickly. must provide a structure of negative testing, authorities cannot determine and positive incentives which make whether fish have been caught with Live Reef Fish Importers. cyanide fishing unattractive for the cyanide or obtain convincing Businesses that import live food and whole range of actors involved in evidence to prosecute violators. aquarium fish are in essentially the the trade and make sustainable same position as exporters, without To be successful, CDT labs alternatives attractive; and b) government pressure to ensure that must also be backed up by a larger partnerships must be directly the fish they import were not caught network of agencies and monitoring developed with fishing communities with cyanide, they have little posts, and staff trained in sampling to assist them in abandoning the incentive to take action on the issue. prospective live fish shipments and cyanide fishing tradition and As one large importer of live food rapid sample transport. Such a instead, to adopt techniques, fish argued: “We the Hong Kong network requires directives on technologies and economic importers do not participate in any participating in sampling and strategies that would improve their catching of fish or its activities. We monitoring from central agencies to

11 their local offices and training in inspection and government Also, bans deprive local correct sampling and shipping-to-lab licensing. All shipments should communities of one of the most procedures. Although testing is not require a certificate showing the lucrative sources of income to be a panacea, it is the best technical origin, volume and species found in the coastal zone. The tool presently available to identify composition of the shipment and cyanide-free capture of live fish at cyanide-tainted fish and provide that it has been subject to random sustainable levels with a fair return hard evidence with which to CDT procedures and is cyanide-free. to local fishers should be the prosecute violators. objective of live policy. A mandatory certification Establish a national system of system (as will be established by law That said, the pressures on data gathering and monitoring that in the Philippines by the end of 1998, particular species may become so provides useful data for regulating when draft regulations are finalized) great that governments may want to the . In order to provides key positive as well as ban altogether their capture and monitor and regulate the live-fish negative incentives trade, governments need accurate for exporters. and appropriate data on how many Uncertifiable fish individuals of a particular species become liabilities were collected in a particular while certified fish location, exported in a given month can obtain an or year, or who did the collecting and “environmental exporting. There is no way to market premium” in regulate cyanide use in the live-fish markets where trade until such data are regularly importing collected. governments regulate imports The Philippines now collects and consumers live-fish data in ways that allow the prefer fish caught government to keep a watch over without cyanide. total numbers of particular fish species moving through domestic Local cyanide and international airports and major divers should be international seaports, activities of educated that what exporters and other relevant they are doing, for information. IMA collects the data whatever reasons, through its CDT and monitoring is illegal, and that network and provides it to all repeat offenders relevant national and provincial will be punished The entire family gets involved in making nets and other gears government offices. harshly. Targeting in the barrier net collection method. the big cyanide Establish a firmer legal export. For the napoleon , fishing interests also reduces framework to detect and prosecute highest-valued of the live food-fish incentives for local divers to join in cyanide fishing and trade in cyanide- species, over-exploitation may soon the trade. caught fish, ultimately requiring reach critical levels, warranting a mandatory testing and certification Ban or restrict the export of complete ban. A ban is unlikely to of all live reef fish exports. While especially vulnerable species such stop the napoleon wrasse trade fishing with cyanide and other as the napoleon wrasse (Cheilinus altogether, but it may reduce the poisons is banned in virtually every undulatus). Blanket bans on the live total volume of catch. country in Southeast Asia and the reef fish trade are both unwise and Regulate the import, distribution Pacific, a much firmer legal unworkable and just drive the trade and use of cyanide. Cyanide has framework in needed to make these underground. When the Philippines many legitimate uses in industry but bans effective. Once a CDT attempted a ban in parts of Palawan a considerable amount of the poison laboratory and monitoring network is province several years ago, cyanide is diverted into the live-fish established, all prospective exporters fishers continued to use the poison collection business. In most should be required to submit to but killed the fish after capture and countries of the Indo-Pacific region, random sampling and testing, sold them in the fresh . import, distribution and use of

12 cyanide is virtually unregulated. To from an early age, countries can help Phase in a legal requirement that remedy this problem, a draft “Sodium to ensure that children are fully all live reef fish imports be certified Cyanide Act” that would strictly aware of the alternatives to cyanide as cyanide-free. When live fish regulate the import and use of fishing and their positive exporting countries require cyanide- cyanide was introduced in the consequences. free certification for all exports, as Philippine House of Representatives the Philippines is about to do, Divers are also potential allies in in late 1996. The draft bill requires all importing countries should raising awareness and gathering cyanide imports to be authorized in reciprocate by requiring all live-fish information. In the Philippines in advance by the government and that importers to provide certification 1994, IMA initiated a voluntary the poison’s sale to be “strictly from the source-country government Status of Reefs survey, or controlled.” that the fish they are importing have SCORE, using a simple questionnaire been certified as cyanide-free. While this type of law will on reef conditions which divers were Although, Indonesia and other undoubtedly be difficult to enforce, asked to complete and return by exporting countries do not currently it should nonetheless increase the mail. This provided the first new have testing and certification price of cyanide on the black market primary data on the condition of systems in place, importing country thus, making non-destructive Philippine coral reefs since a survey governments, and importers, can techniques of live fish capture more done in 1983 including reports on move in this direction by gradually economically attractive to fishers. suspected cyanide fishing locations. phasing in a prohibition on non- Address corruption within Policy Reforms in Live Reef certified live-fish imports, vulnerable government units such as Fish Importing Countries simultaneously working with fisheries, the navy, customs and exporting countries to develop As in any transnational trade, police forces. Governments can only testing and certification procedures, source countries for live reef fish eliminate corruption if officials at the laws and technical capacities. need the cooperation of importing highest levels take firm public stands country governments if their efforts Provide donor assistance to against it and when corrupt officials to stem cyanide use at home are to live-fish exporting countries to help are dealt with harshly under the law. be effective. At present, no them combat cyanide fishing. Live- The media can help by exposing importing country requires proof fish importing countries that are instances of corruption related to that imported live fish were not providers of development assistance cyanide fishing in the press. Finally, caught using cyanide or penalizes (e.g. United States, Canada, Japan an effective CDT lab and monitoring firms that import fish caught with the and the countries of the European network, backed up by community- poison. Key steps for setting up Union) should offer financial and based monitoring, can provide more helpful incentives in importing technical assistance to exporting government with a great deal of countries include the following: countries to assist them in information about potential developing Destructive Fishing corruption problems. Monitor imports of live fish and Reform Programs and certification provide data to exporting countries. Mount public awareness procedures. The Asian Importing country governments campaigns in the media and schools. Development Bank has set a good should establish data collection and NGOs and government leaders example in this regard, providing storage systems to keep track of the should work systematically to build nearly $1 million for the Philippines’ number by species of live fish public awareness about the threat of DFRP as part of a new Fisheries imported and the country of origin. cyanide fishing and the steps that Sector Loan slated for They should then share that data must be taken to stop it. Press implementation in mid-1998. The with relevant government agencies releases, symbolic public events and United States Agency for in source countries. In this way, the steady provision of information International Development is also monitoring agencies in source to journalists are all tools that can providing support through a countries can compare their own raise public awareness and cooperative agreement with IMA in export statistics with import strengthen other anti-cyanide the Philippines and Indonesia. statistics and thus determine the fishing incentive measures. validity of those export statistics— Strengthen consumer awareness Cyanide fishing is a learned provided exporting countries begin about the impacts of cyanide fishing. behavior that becomes a tradition to collect detailed export data as the As in other areas of environmental over time. By teaching the cyanide- Philippines is already doing. certification, it is crucial to build free tradition in coastal-area schools consumer awareness.

13 It is also important to note that in the use of fine-mesh barrier nets. cooperatives and outlets, the local testing of live-fish imports on their Fishers for whom food fish are the share of the profits can be increased. arrival in importing countries is not target species are trained in hook- In the area of North Sulawesi, an effective strategy and is likely to and-line techniques for capturing Indonesia where IMA initiated a be counterproductive. Cyanide and, importantly, simple training program in July 1997, for metabolizes out of fish relatively techniques for decompressing the air example, the local partner rapidly and tests conducted at bladders of captured fish to ensure organization is the provincial import destinations are likely to be their post-harvest survival and cooperative of retired military negative for cyanide, regardless of health. Because particular veterans. By providing the fishers whether the fish was caught with species favor distinctive bait sizes with diving compressors (previously, cyanide or not. and shapes, bait preparation is a key the only one in the village was part of the hook-and-line training as owned by a live-fish broker with a Community -based Strategies well. local monopoly on the trade) and Without fishers in the equation, Following the “classroom” offering higher prices for fish there is simply no solution to the sessions, the fishers and trainers through the cooperative, the cyanide fishing problem. There is no carry out four days of in-water program will break the power of the policy, law, or technology that can training in either net or hook-and- middleman and help the fishers replace the need to work directly line techniques. The intensive one- obtain higher prices for the cyanide- with cyanide fishers. Training, week training is followed by a three- free aquarium fish they capture. community organization, income week follow-up period of monitoring Fortunately, the cooperative’s enhancement and establishment of by the trainers to ensure that director is also a dive-tour operator community-based coastal trainees have mastered fishing concerned about the effects of management systems in communities techniques and proper post-harvest cyanide on the reefs which have currently using cyanide or in those care. Other activities such as made the province a premier dive vulnerable to its introduction is the organizing local fishing associations destination. core partnership necessary to end and cooperatives and developing Few fishing communities cyanide fishing. value-added livelihood activities however, subsist wholly from the take more time and involve periodic Train fisherfolk in cyanide-free live-fish trade. They pursue a follow-up participation by the fishing technologies. When fishers “portfolio” of economic strategies trainers over months or years. are presented with effective cyanide- combining live fish, fresh and dried free technologies for capturing live- Enhance local income from the fish, agriculture, wage labor and food and aquarium fish and given live-fish trade and other sources. other activities. An effective greater awareness about the legal, Fishers’ incentives to forsake livelihood enhancement strategy health and ecological risks of cyanide fishing increase—and needs to target all of these activities cyanide fishing, many choose to partnerships between fishing and introduce new ones where an convert to cyanide-free techniques. communities and outsiders such as opportunity exists. IMA grow stronger— when local In the Philippines, IMA has Strengthen community-based income from sustainable use of trained over 2,000 cyanide fishers in management of local fisheries and marine and other local resources cyanide-free live-fish capture reefs. Partnerships with fishing rises. Beyond training in cyanide- techniques. A typical one-week communities must go beyond free , IMA local training program targets 20-30 training and income enhancement. therefore, works with fishing fishers who are currently using Sustainable coastal management communities to promote a variety of cyanide to catch either live food or requires the participation and livelihood enhancement activities. aquarium fish and have developed support of the local communities an interest, whether through IMA When fishers can get more that directly earn their living from the awareness activities or their own money for cyanide-free live fish, sea, in cooperation with government experiences, in learning cyanide-free they are extremely enthusiastic agencies—an arrangement often techniques. about converting to cyanide-free called “co-management.” Cyanide These sessions are specialized techniques. By helping fishers fishing, , coral mining, to address specific types of live-fish obtain post-harvest equipment and mangrove destruction and many capture. Fishers who primarily know-how and assisting them other sources of coastal degradation collect aquarium species are trained develop their own marketing can only be slowed when the

14 communities on the front line In the Philippines, members of local specific and “high-end” become central players in protection fishers’ organizations and market—live food and efforts and beneficiaries of cooperatives have been deputized as aquarium fish—with some sustainable management. “fish wardens” to patrol and monitor food species selling for as their fishing grounds. much as $180 per kg and some In some areas of eastern aquarium species fetching Indonesia and the western Pacific, Although, local community $350 per individual making the long-standing customary systems of groups cannot be expected to consumers and their suppliers marine tenure and management directly confront well-organized— an identifiable and a fairly provide a sound institutional basis and often well-armed—cyanide limited group. for community-based efforts. Where fishing vessels, they can perform they exist, governments should important norm-setting and self- • There is a clear and not-too- recognize and support these policing activities within the complicated set of actions to customary systems and provide community. After all, a “community” address the problem if technical and financial inputs to does not decide to renounce cyanide governments set the right assist traditional communities in fishing. More often, one group of incentives in place and adapting to rapid economic and individuals within a community may partnerships are developed technological changes. make that decision, while others among fishing communities, continue using cyanide. Peer Most coastal communities in exporters and importers of pressure is thus important in Southeast Asia however, do not live-fish, scientists and NGOs. spreading the cyanide-free tradition possess functioning customary throughout the community. The difficulties in stopping systems for managing and cyanide fishing should not be conserving coastal resources. Many Conclusion underestimated. It is important to are comprised of a heterogeneous note though, that people have long Cyanide fishing is not the only mix of immigrants and natives who captured and sold live fish without threat to the coral reefs and other lost such systems long ago. This using cyanide, and they still do in coastal ecosystems of the Indo- loss does not mean that viable many places such as the Caribbean Pacific region. But the training and community management systems and Hawaii where live aquarium fish community-organization strategies cannot be nurtured. The Philippines, have been collected with fine-mesh essential to stopping cyanide fishing where customary coastal nets for decades. But cyanide also provide an important catalyst management systems have fishing is fast becoming a deadly for communities to address a broader vanished, has the most extensive tradition in the Philippines, handed range of threats to their local reef and active community-based coastal down from father to son. It will soon environment. Four unique resources management (CBCRM) be just as firmly established in characteristics of cyanide fishing initiatives in Southeast Asia. Indonesia and other countries provide hope that it can be stopped throughout the Indo-Pacific. Our Build the capacity of local or at least significantly reduced challenge is to eradicate the growing communities to serve as front-line faster than some of the other threats cyanide tradition and replace it with agents in anti-cyanide monitoring to coral reefs. and enforcement. Building on a cyanide-free fishing tradition. training, community organization • Cyanide fishing is relatively and livelihood enhancement localized and a discrete target initiatives, an effective destructive for control efforts since it is For more information, please contact: International Marinelife Alliance, 17 fishing reform program needs to generally focused on isolated San Jose St., Kapitolyo, Pasig City, Metro enlist local communities as partners reefs far from the effects of Manila, Philippines, Tel: (+62-2) 631- in the specific tasks of monitoring coastal habitat conversion 4993/633-5687, Fax: (+63-2) 637-7174, and enforcement. Local fishers are and sedimentation. email: [email protected] on the water far more regularly and • Cyanide fishing is a relatively know their areas better than government fisheries officers. With recent technique and the minimal training, these groups can practice is not yet deeply serve as an “early warning network,” embedded in local cultures letting officials know when cyanide and economies. fishing operators appear in an area. • Cyanide fishing targets a very

15 The Fisheries Code of 1998: Something Old...Something New... Something Better?

Annabelle Cruz-Trinidad Policy Advisor CRMP

For fishery resource stakeholders and for has consolidated previous laws dealing with the broader sector encompassing integrated (RA 6541); blast and cyanide coastal management, the passage of Republic fishing (PD 704 as amended by PD 1058); use of Act (RA) 8550 or “The Philippine Fisheries fine mesh nets (Fishery Administrative Order or Code of 1998” (hereinafter referred to as the FAO 155, series of 1986 and FAO 155-1, s.1994); “Code”) by the Tenth Congress on February gathering of (PD 1219 as amended by PD 19, 1998 is the culmination of many years of 1698); and the use of superlights (Department of feverish research, critical analyses, Agriculture [DA]-Department of Interior and representations, “mis”representations, Local Government [DILG] Joint Administrative compromises, consultations, technical working Order of April 1996). group meetings and hearings. After all, two The second deals with prevailing past congresses, the equivalent of at least ten interpretations of existing laws that are upheld by years, have attempted to pass a Fishery law of the Code. Notable here are the forms of limiting the same scope and breadth. The fact that the access, the jurisdiction of local government units Code was passed now, and not later, attests to (LGU), priority on assigning use rights and the urgency of improving the legal and enforcement. institutional framework for fishery management, going beyond the developmental Forms of limiting access. The establishment thrust of its predecessor notably, Presidential of closed seasons and closed areas, specifically Decree (PD) 704. fish refuges and sanctuaries, is a form of limiting access (temporal and spatial). Before the Code, Something Old the Sangguniang Bayan (Municipal Council) and The “old” features of the Code comprise Mayor had jurisdiction over the establishment of two facets. First is the consolidation of the closed seasons and closed areas within municipal body of fishery laws by incorporating existing waters and the concerned government agency, ones. This facilitates enforcement, research, through its Secretary, in waters beyond the and local legislation. For example, the Code municipal boundaries. This has been reiterated by

16 BOX 1 Funtions and Responsibilities • prepare and implement a Comprehensive National Fisheries Industry Development Plan; • issue licenses for the operation of vessels; • issue identification cards free of charge to fishworkers engaged in commercial fishing; • monitor and review joint fishing agreements between Filipino citizens and foreigners who conduct fishing activities in international waters, and ensure that such agreements are not contrary to Philippine commit- ment under international treaties and convention on fishing in the high seas; • formulate and implement a Comprehensive Fishery Research and Development Program, such as, but not limited to, sea farming, sea ranching, tropical/ornamental fish and seaweed culture, aimed at increasing resource productivity, improving resource use efficiency, and ensuring the long-term sustainability of the country’s fishery and aquatic resources; • establish and maintain a Comprehensive Fishery Information System; • provide extensive development support services in all aspects of fisheries production, processing and marketing; • provide advisory services and technical assistance on the improvement of quality of fish from the time it is caught (i. e. on board , at landing areas, fish markets, to the processing plants and to the distribution and marketing chain); • coordinate efforts relating to fishery production undertaken by the primary fishery producers, LGUs, FARMCs, fishery and organizations/cooperatives; • advise and coordinate with LGUs on the maintenance of proper sanitation and hygienic practices in fish markers and fish landing areas; • establish a corps of specialists in collaboration with the Department of National Defense, Department of the Interior and Local government, and the Department of Foreign Affairs for the efficient monitoring, control and surveillance of fishing activities within Philippine territorial waters and provide the necessary facilities, equipment and training therefore; • implement an inspection system for import and export of fishery/aquatic productions and establishments consistent with international standards to ensure product quality and safety; • coordinate with LGUs and other concerned agencies for the establishment of productivity enhancing and market development programs in fishing communities to enable women to engage in other fisheries/eco- nomic activities and contribute significantly to development efforts; • enforce all laws, formulate and enforce all rules and regulations governing the conservation and manage- ment of fishery resources, except in municipal waters, and to settle conflicts of resource use and allocation in consultation with the national FARMC, LGUs and local FARMCs; • develop value-added fishery-products for domestic consumption and export; • recommend measures for the protection/enhancement of the fishery industries; • assist the LGUs in developing their technical capability in the development, management, regulation, conservation and protection of the fishery resource; • formulate rules and regulations for the conservation and management of straddling fish stocks and highly migratory fish stocks; and • perform such other related functions which shall promote the development conservation, management, protection and utilization of fisheries and aquatic resources.

17 the Code, with additional is within the jurisdiction of the LGU and deputy fish wardens clarification: a) that of prior as provided for by Section 17 of the (government officials and consultation with the Fisheries and LGC. The issuance of licenses for employees, Punong Barangay or Aquatic Resources Management the operation of fish pens, cages, Barangay chairpersons, and officers Council (FARMC); and b) in cases traps and other structures, municipal and members of fisherfolk where the concerned government fishing vessels, concessions and the organizations). Such sharing of agency wishes to establish a closed delineation of demarcated fishing responsibilities enhance strength season within municipal boundaries, areas are within the purview of the and coverage of enforcement; concurrence and approval has to be LGU through the local council. The nevertheless, such sharing, without secured from the appropriate LGU Code has not changed these clear delineation of tasks both from and FARMC. provisions although the consultative the geographical and legal role of FARMCs has been stressed. perspective can be a bane. Jurisdiction of local governments. The Priority to municipal Something New fisherfolk. The preferential Code reiterates The section on definition of the use rights to subsistence fishers for the use of terms is an indication of the breadth responsibilities of and magnitude of the Code. A total municipal/city communal fishing and marine areas is guaranteed of 73 definitions are provided governments including those that have been including the: by the Constitution (Art. XIII, Sec. 7) and also by the previously defined in existing a) enactment of LGC (Section 149). This is national laws and fishery appropriate reiterated by the Code in administrative orders (e.g. fine mesh ordinances in Section 7, priority should be net, electrofishing, superlight, accordance with given to resource users in the artificial reef). Definitions have also the National local communities adjacent to been provided for key management Fisheries Policy; municipal waters; and in Section concepts such as catch ceiling, b) enforcement of all 17, through organized fisherfolk fishery management areas, limited fishery laws, rules and organizations. access, maximum sustainable yield regulations as well as valid (MSY), resource rent and total fishery ordinances; Enforcement. The full breadth allowable catch. c) issuance of licenses for the of the enforcement spectrum is dealt with sufficiently by the Code. The Limiting access. More than operation of fish pens, cages, mere definitions, these concepts traps and other structures lowest level of enforcement begins with the citizenry’s vigilance in represent the institutionalization of within duly designated areas limiting access and use rights. For in municipal waters. averting crimes and where such are committed, to act as responsible example, fees and other fishery The ordinance-making function resource stewards. Strengthening charges shall be based on resource of local governments is enumerated the FARMCs is a thrust that will rent. This concept considers social by the Local Government Code enhance vigilance amongst fisher benefits from using the fishery as a (LGC) in Sections 447(a)(1)(vi) for communities. resource, over and above financial the Sangguniang Bayan and profits of users. By considering 468(a)(1)(vi) for the Provincial Board The next level of enforcement only the latter, there is a tendency to or Sangguniang Panlalawigan. It occurs when the crimes are actually expand fishing effort (both labor and is not necessary for LGUs to seek committed. The Code maintains the capital) to levels at which society is approval of such ordinances from multiplicity of government agencies suffering a net loss. Akin to the national agencies (Sec. 534(f) of the and other entities tasked to enforce paradigm of resource rent is that of LGC which repeals Sec. 4 of PD 704); fishery laws. Persons and deputies MSY which is related to quotas and and LGUs may enact ordinances who are authorized to enforce the total allowable catch. Estimating which have not been dealt with code include: law enforcement such parameters has traditionally sufficiently by any national law officers of the DA, Navy, Coast involved a huge and lengthy time provided that it does not contradict Guard, Philippine National Police- series of data; moreover, the any other. Enforcement of all fishery Maritime Command, law enforcement expertise is lodged in very few laws, rules and regulation, both officers of the LGU and other institutions. It becomes essential to nationally and locally promulgated, government enforcement agencies, develop appropriate and

18 understandable guidelines to be in the Code; thus, it People empowerment. The used by both national as well as is presumed that Code highlights the need for people local level institutions preferably guidelines on empowerment by consolidating and with the use of available data. determination of strengthening Executive Order (EO) 240, the creation of FARMCs (Table The Code also provides for should be 1). FARMCs act as consultative some relatively “radical” developed. bodies to LGUs in: a) determining procedures to limit access Another type of priorities on fishing activities of including the limited entry of control is the municipal fisherfolk; b) maintaining a both commercial and municipal absolute prohibition on registry of municipal fishing vessels fishing vessels in areas deemed the use of active (e.g. trawl, purse by gear and boat; c) assisting the as overfished by either the DA or seine, Danish seine and bag net) LGU in formulating mechanisms to the concerned LGU. The term fishing gears in municipal waters. include or exclude fisherfolk or overfishing however, is not defined groups in the use of municipal

TABLE 1. ASSESSMENT OF INTERPRETATIONS OF SELECTED FISHERY MANAGEMENT ISSUES BASED ON PRE AND POST FISHERIES CODE REGIMES.

Issue Laws existing prior to the Fisheries New Fisheries Code Code and interpretations thereof

1. Commercial fishing in Commercial fishing is not allowed The municipal or city government may, through its municipal waters within the 15-km municipal waters local chief executive and acting pursuant to an (Jurisdictional Guidebook, Q 5.1.4, pp. appropriate ordinance, authorize or permit small and 5-6). medium scale commercial fishing vessels to operate within the 10.1 to 15 kilometer area (Sec. 18). 2. Municipal fisherfolk There is no national law that prohibits The LGU shall maintain a registry of municipal fishing in waters beyond municipal fishers from fishing beyond fisherfolk, for the purpose of determining priorities their municipal their municipal boundaries; however, the among them, of limiting entry into the municipal boundaries Sangguniang Bayan may promulgate waters, and of monitoring fishing activities and/or rules and regulations regarding the other related purposes; and issuances of fishing boat licenses and the The LGU, in consultation with the FARMCs, shall possibility of prohibiting non-resident formulate the necessary mechanisms for inclusion or municipal fishers from fishing in said exclusion procedures that shall be most beneficial to municipal waters (Jurisdictional resident fisherfolk (Sec. 19). Guidebook, Q. 5.1.5, pp. 5-7).

3. Disposition of public Public lands suited for fishpond Public lands suited for fishpond operations shall not lands for fishery operations shall not be disposed or be disposed or alienated; Lands that are declared as purposes alienated; available for fishpond development will be turned There is no express provision on the over to qualified fisherfolk cooperatives/associations; granting of priority rights to fisherfolk However, upon expiration of existing FLAs, the organizations (PD 704). current lessees shall be given priority and be entitled to an extension of 25 years in the utilization of their respective leased areas (Sec. 45). 4. Lease area for fishponds For individuals, 50 hectares; for For individuals, 50 hectares (unchanged); for associations and corporations, 500 corporations, or fisherfolk organizations, 250 hectares, with possibility to extend lease hectares (Sec. 45 a) area subject to approval of the Secretary (PD 704)

5. Establishment of EO 240 recommends the creation of The establishment of FARMCs is obligatory; FARMCs FARMCs in coastal barangays, cities FARMCs should be established at the national level and municipalities. However, in the and in all municipalities abutting municipal waters; absence of penal provisions to the FARMCs shall be formed by fisherfolk contrary, the LGU is not obligated to organizations/cooperatives and non-government establish a FARMC (Guidebook, Q. organizations in the locality and be assisted by 5.7.1, pp. 5-46). LGUs and other government entities (Sec. 69). ..

19 waters; d) determining license fees, • that as a line bureau, the BFAR • list of breeders/spawners (Sec. catch ceilings, closed seasons, fish shall be headed by a Director 98). sanctuaries and/or refuges; and e) and assisted by two assistant the enactment of appropriate Directors, one each for • Other sections implicitly state ordinances. administrative and technical the need to develop or affirm existing guidelines such as: Integrated management. services; regional, provincial Within the purview of integrated and municipal offices are to be • Guidelines on reversion of management is the Code’s realization established if deemed abandoned, undeveloped and and acceptance of a broader appropriate and necessary. underutilized fishponds (Sec. environment that nurtures the Caveat: the need for fishery resource. This is affirmed by implementing guidelines. These the Code’s subscription to the new concepts and provisions imply Environment Impact Statement the necessity of developing system (Sec. 12) and supported by implementing guidelines or the drafting of a code of practice for mechanisms to avert confusion and sustainable . The varying interpretations. Specific imposition of penalties against sections in the code explicitly entities causing aquatic pollution mention the need for developing (presumably including point and implementing guidelines for the : non-point sources!) further reinforces the wider environmental • licensing of fishing gear for framework. In the area of habitat commercial fishing vessels management, the Code provides that (Sec. 29); at least 25% but no more than 40% • duty and tax rebates on fuel of bays, foreshore lands, continental consumption for commercial shelves or any fishing ground shall 49). The DA-Department and fishing operators engaged in be set aside for the cultivation of Environment and Natural high seas fisheries (Sec. 35c); mangroves to strengthen the habitat Resources (DENR) Joint General and spawning grounds of fish. • operation of radio Memorandum of Agreement Lastly, the Code further posits that communication facilities in Order No. 3, s1991, prescribes management of contiguous fishery coordination with the National the guidelines for the reversion areas should not be made based on Telecommunications of Fishpond Lease Agreements political subdivisions but resource Commission (Sec. 43); (FLA) into mangrove forest management systems. lands and the DA-Department • number and wattage of Institutional strengthening. of Agrarian Reform AO No. 18, superlights to be regulated by The Bureau of Fisheries and Aquatic s1991, prescribes the guidelines the DA (Sec. 44); Resources (BFAR) could not be to be followed in the redistribution of cancelled and/ considered as a “new” creation, • identification of species which or expired FLAs to agrarian albeit, the restoration of its line are by nature small but already reform beneficiaries. functions and a general institutional mature in relation to exemption strengthening can very well be an in using fine mesh net; also, the • Determination of catch ceilings improved feature. Among the mesh size to be fixed by the DA (Sec. 101) which emanates from general provisions of the Code in (Sec. 89); the DA. relation to BFAR are: • determination of gears • Guidelines on determining point • the appointment of an destructive to coral reefs and and non-point sources of Undersecretary of Fisheries and other (Sec. 92); aquatic pollution and of Aquatic Resources; monitoring and enforcement • list of endangered species thereof. Collaboration with • its reconstitution as a line outside of CITES (Convention other government agencies bureau under the DA with on the International Trade of such as the DENR and Coast functions outlined in the Box on Endangered Species) (Sec. 97); Guard need to be specified. page??; and and

20 Illegal Fishing Activity Pre-RA 8550 Law RA 8550 Law Comment Blast or dynamite fishing PD 704; as amended by PD 1058 • Mere possession of explosives: • Mere possession of dynamite, other • Penalty has imprisonment ranging from 12 to explosives, and chemical compounds decreased. 25 years which contain combustible elements: imprisonment ranging from 6 months to 2 years. • Fishing with explosives: • Fishing with explosives: • Penalty has imprisonment from 20 years to imprisonment ranging from 5 to 10 decreased. life imprisonment provided that if years without prejudice to the filing the use of explosives results in of separate criminal cases when the • Physical injury to any person; use results to physical injury or loss the penalty shall be of human life. imprisonment ranging from 25 years to life imprisonment. • The loss of human life, the penalty shall be life imprisonment to death. • Knowingly possessing, dealing in, • Dealing in, selling, or in any manner • Penalty has selling or in any manner disposing disposing of, for profit illegally decreased but of, for profit illegally caught/ caught/gathered fisheries: ignorance of the gathered fisheries: imprisonment imprisonment ranging from 6 months fish condition is ranging from 5 to 10 years. to 2 years. not an alibi. • The fishing vessels, fishing • Additional equipment, and catch shall be penalty. forfeited. Cyanide fishing PD 704; as amended by PD 1058 • Mere possession of noxious or • New • Fishing with noxious or poisonous poisonous substances such as sodium prohibition and substances: imprisonment ranging cyanide: imprisonment ranging from penalty. from 8 to 10 years, provided that 6 months to 2 years. if the use of substance results in • Fishing with noxious or poisonous • Penalty has • Physical injury to any person; the substances such as sodium cyanide: decreased. penalty shall be imprisonment imprisonment ranging from 5 to 10 from 10 to 12 years; or years without prejudice to the filing • The loss of human life, the of separate criminal cases when the penalty shall be imprisonment use results to physical injury or loss from 20 years to life or death. of human life. • Dealing in, selling, or in any manner • Penalty has • Knowingly possessing, dealing in, disposing of, for profit illegally decreased but selling or in any manner disposing caught/gathered fisheries: ignorance of the of, for profit illegally caught/ imprisonment ranging from 6 months fish condition is gathered fisheries: imprisonment to 2 years. not an alibi. ranging from 5 to 10 years. • The fishing vessels, fishing • Additional equipment, and catch shall be penalty. forfeited. Electrofishing RA 6541 • Imprisonment ranging from 2 to 4 • New prohibition years. and penalty. • Mere possession of equipment or • Penalty has device for electrofishing: increased. imprisonment ranging from 6 months to 2 years. • Imprisonment ranging from 5 to 10 • New prohibition years without prejudice to the filing and penalty. of separate criminal cases when the use results to physical injury or loss of human life. • Dealing in, selling, or in any manner • Additional disposing of, for profit illegally penalty. caught/gathered fisheries:

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