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Mending Nets Mending Nets A handbook on the prosecution of fishery and coastal law violations This handbook was produced by the Environmental Legal Assistance Center in collaboration with member organizations of the National Law Enforcement Coordinating Committee, Non-government Organizations, Local Government Units and other assisting organizations through the Coastal Resource Management Project and Fisheries Improved for Sustainable Harvest Project technical assistance projects supported by the United States Agency for International Development. 2004 Mending Nets: A Handbook on the Prosecution of Fishery and Coastal Law Violations by The Environmental Legal Assistance Center 354-P Betty Lu Compound, Queen’s Road, Cebu City URL: http://www.elac.org.ph The Environmental Legal Assistance Center, Inc. (ELAC) is a non- government organization that helps marginalized communities in defending their environmental rights through developmental legal assistance, education & training, research & publications, advocacy, law enforcement, and community-based resource management. It has offices in Cebu, Palawan, Bohol, Eastern Visayas, Western Visayas and Northern Mindanao. 2004 Printed in Cebu City, Philippines Citation: Environmental Legal Assistance Center. 2004. Mending Nets: A Handbook on the Prosecution of Fishery and Coastal Law Violations Coastal Resource Management Project of the Department of Environment and Natural Resources, Cebu City, Philippines. 192 p. This publication was made possible through support provided by the United States Agency for International Development (USAID) under the terms and conditions of Contract Nos. AID-492-C-00-96-00028-00 and AID-492-C-00-03-00022-00. The opinions expressed herein are those of the authors and do not necessarily reflect the views of the USAID. This publication may be reproduced or quoted in other publications as long a proper reference is made to the source. Lay-out and Design: Ysolde Collantes-Jatulan Copy editing: Marie Sol Sadorra-Colocado Photo credits: Cover: Stuart Green and T. Heeger CRMP Document No. 17-CRM/2004 ISBN 971-92753-6-7 DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES The Philippine coastal and marine environment supports about 5,000 marine plant and animal species. Of these, 4,000 are found in our coral reefs alone, 481 in seagrass beds and 370 in mangrove forests. These rich resources make the Philippines one of the seventeen (17) megadiverse countries in the world. Unfortunately, the existence and survival of our marine resources is under tremendous threat due to human activities. If current destructive trends are not reversed, our coastal resources and people who depend on them face a bleak future. Our country has sufficient laws, rules and regulations that ensure the conservation and protection of our coastal and marine environment. We in government have to enforce these properly, strictly, and consistently. At the same time, though, we need to conduct a more extensive information, education and communication campaign so that our people understand the value of our coastal and marine resources, and the adverse impacts of the continued degradation of these resources. The compilation and writing of this “Handbook on the Prosecution of Fishery and Coastal Law Violations” is indeed timely given the state of our coastal and marine resources. It is a quick and easy reference for national and local officials, law enforcers, prosecutors and judges who are involved in coastal-related violations/cases. It is also a very informative tool for local communities and workers and environmentalists who truly want to conserve and protect our coastal and marine resources. We in the DENR extend our sincerest congratulations to the Coastal Resource Management Project, the Environmental Legal Assistance Center and other agencies, non- government organizations and local government units who have worked with us to make this publication possible. We look forward to more meaningful enforcement of environmental laws. Very truly yours, ELISEA G GOZUN Secretary iii DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT The real success of environmental enforcement is not measured by the quantity of the items seized or the number of persons arrested but by the extent of natural resources saved. While the adage that goes “an ounce of prevention is better than a pound of cure” is still true today, we must also acknowledge the fact that there remain some sections of our society that will continue to intentionally violate the law for whatever reason. It is to them that the weight of justice must apply. This Handbook on the Prosecution of Fishery and Coastal Law Violations is useful to four of the five pillars of justice: the law enforcers, the prosecutors, the courts and the community. The local government units and the police to whom the main stewardship and protection of fishery and coastal resources are entrusted will find this handbook a helpful companion in enforcing fishery laws and ordinances in the municipal waters. The prosecutors and judges on the other hand will find this a good reference material to ensure violators are meted the maximum sanction of law. And thus, our coastal communities who mostly depend on the yield of the sea for subsistence and livelihood will greatly benefit from an effective conservation and protection of coastal and marine environment. I therefore congratulate the Environmental Legal Assistance Center and the Coastal Resource Management Project of the Department of Environment and Natural Resources for jointly and painstakingly compiling this handbook. And lastly, to the United States Agency for International Development for providing the needed support to have the handbook published and distributed. Very truly yours, JOSE D LINA, JR Secretary iv DEPARTMENT OF AGRICULTURE — BUREAU OF FISHERIES AND AQUATIC RESOURCES In these times of environmental abuse and apparent disregard for conservation of resources, especially in the coastal areas, the publication of a valuable reference such as “Mending Nets: A Handbook on the Prosecution of Fishery and Coastal Law Violations” is truly a welcome development. A readily available source of information on the proper handling of coastal law violations, covering appropriate apprehension procedures, the gathering of evidence, eventual prosecution, and the legal provisions upon which these actions are based, will significantly enhance the efficiency of prosecutors, law enforcers and local government officials in the effective prosecution of coastal law violators. The Bureau of Fisheries and Aquatic Resources recognizes the impact that this Handbook will have on coastal law enforcement. The implementation guidance provided in one comprehensive volume provides the convenience that coastal law enforcers need, and also simplifies an otherwise complicated operation. We laud the Handbook’s invaluable contribution to effective law enforcement. Users will definitely benefit from it. MALCOLM I SARMIENTO, JR Director e Agricultur Go Modern v NATIONAL LAW ENFORCEMENT COORDINATING COMMITTEE PHILIPPINE NATIONAL POLICE “All members of the PNP shall help in the development and conservation of our natural resources for the ecological balance and posterity as these are the inalienable heritage of our people” (Article 3, Sec 2.11, the PNP Code of Conduct and Ethical Standards) Coastal law enforcement is one area in the O.N.E. PNP program that is consistent with the mission of fostering good neighborhood partnership for community-based anti-crime programs. Our coastal areas are saddled with the persistent problem of illegal and destructive fishing practices. Above these, overfishing further drives coastal communities to poverty and adverse socio-economic effects. This critical mix, we know from studies, may give rise to criminality if not addressed at the onset. However, the growing sophistication involved in coastal and maritime violations and the technical and legal expertise needed to address them are far beyond the conventional training of the PNP. We, therefore, welcome this Handbook on Prosecution of Fishery and Coastal Law Violations because this will equip our field offices especially the PNP Maritime Group and the Police Environment Desk Officers (PEDO) with the necessary tools to improve the implementation of coastal and fishery laws to include the prosecution of violators. We have been effective in battling crime in the streets. Now, we shall elevate the battle to a higher field – in the courtroom. We shall do this with the help of our partners in the other national government agencies, local government units, non-government organizations, and the communities. We know this is a doable endeavor because the Environment Legal Assistance Center, the Coastal Resource Management Project, the Department of Agriculture, and our other partners made it possible through this Handbook. This Handbook is a requirement for all Regional, Provincial, District, and City/Municipal Police Offices especially those located along the coastal areas. Again, for and in behalf of the Philippine National Police and all members of the law enforcement community, congratulations! HERMOGENES E EBDANE, JR Police Director General Chief, PNP Chairman, NALECC vi Table of Contents List of Special Topics .................................................. ix List of Figures .......................................................... x List of Acronyms ....................................................... xi Acknowledgments ...................................................... xiv Foreword
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