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Supporting the Fisheries Commission's Community Fisheries

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Supporting the Fisheries Commission's Community Fisheries SUSTAINABLE FISHERIES MANAGEMENT PROJECT (SFMP) Supporting the Fisheries Commission’s Community Fisheries Watchdog Communities: Legal Review of the Bantay Dagat Program in the Philippines APRIL 2016 This publication is available electronically on the Coastal Resources Center’s website at http://www.crc.uri.edu/projects_page/ghanasfmp/ For more information on the Ghana Sustainable Fisheries Management Project, contact: USAID/Ghana Sustainable Fisheries Management Project Coastal Resources Center Graduate School of Oceanography University of Rhode Island 220 South Ferry Rd. Narragansett, RI 02882 USA Tel: 401-874-6224 Fax: 401-874-6920 Email: [email protected] Citation: Mario Maderazo, SSG Advisors (2016). Supporting the Fisheries Commission’s Community Fisheries Watchdog Committees: Legal Review of the Bantay Dagat Program in the Philippines. The USAID/Ghana Sustainable Fisheries Management Project (SFMP). Narragansett, RI: Coastal Resources Center, Graduate School of Oceanography, University of Rhode Island and SSG Advisors. GH2014_POL051_SSG.. 23 pp. Authority/Disclaimer: Prepared for USAID/Ghana under Cooperative Agreement (AID-641-A-15-00001), awarded on October 22, 2014 to the University of Rhode Island, and entitled the USAID/Ghana Sustainable Fisheries Management Project (SFMP). This document is made possible by the support of the American People through the United States Agency for International Development (USAID). The views expressed and opinions contained in this report are those of the SFMP team and are not intended as statements of policy of either USAID or the cooperating organizations. As such, the contents of this report are the sole responsibility of the SFMP team and do not necessarily reflect the views of USAID or the United States Government. i Detailed Partner Contact Information: USAID/Ghana Sustainable Fisheries Management Project (SFMP) 10 Obodai St., Mempeasem, East Legon, Accra, Ghana Brian Crawford Chief of Party [email protected] Najih Lazar Senior Fisheries Advisor [email protected] Patricia Mensah Communications Officer [email protected] Bakari Nyari Monitoring and Evaluation Specialist [email protected] Don Robadue, Jr. Program Manager, CRC [email protected] Justice Odoi USAID Administrative Officer Representative [email protected] Kofi.Agbogah [email protected] Thomas Buck StephenKankam [email protected] [email protected] SSG Advisors Hen Mpoano 182 Main Street 38 J. Cross Cole St. Windy Ridge Burlington, VT 05401 Takoradi, Ghana (802) 735-1162 233 312 020 701 Victoria C. Koomson Andre de Jager [email protected] [email protected] CEWEFIA SNV Netherlands Development Oganization B342 Bronyibima Estate #161, 10 Maseru Road, Elmina, Ghana E. Legon, Accra, Ghana 233 024 427 8377 233 30 701 2440 Lydia Sasu Donkris Mevuta [email protected] Kyei Yamoah DAA [email protected] Darkuman Junction, Kaneshie Odokor Friends of the Nation Highway Parks and Gardens Accra, Ghana Adiembra-Sekondi, Ghana 233 302 315894 233 312 046 180 Gifty Asmah Peter Owusu Donkor [email protected] Spatial Solutions Daasgift Quality Foundation [email protected] Headmaster residence, Sekondi College #3 Third Nautical Close, Sekondi, Western Region, Ghana Nungua, Accra, Ghana 233 243 326 178 233 020 463 4488 For additional information on partner activities: CRC/URI: http://www.crc.uri.edu CEWEFIA: http://cewefia.weebly.com/ DAA: http://womenthrive.org/development-action-association-daa Daasgift: https://www.facebook.com/pages/Daasgift-Quality-Foundation- FNGO/135372649846101 Friends of the Nation: http://www.fonghana.org Hen Mpoano: http://www.henmpoano.org SNV: http://www.snvworld.org/en/countries/ghana SSG Advisors: http://ssg-advisors.com/ Spatial Solutions: http://www.spatialsolutions.co/id1.html ii ACRONYMS BD Bantay Dagat DA-BFAR Department of Agriculture-Bureau of Fisheries and Aquatic Resources CoP Chief of Party CIP Conservation International-Philippines CRC Coastal Resources Center at the Graduate School of Oceanography, University of Rhode Island FARMC Fisheries and Aquatic Resources Management Council FC Fisheries Commission GPS Global Positioning System ICT Information and Communications Technology IEC Information and Education Campaign IUU Illegal Unreported Unregulated LCE Local Chief Executive LGU Local Government Unit MCS Monitoring, Control and Surveillance MFARMC Municipal Fisheries and Aquatic Resources Management Council NFARMC National Fisheries and Aquatic Resources Management Council NFMF National Fisheries and Management Fund PCG Philippine Coast Guard PN Philippine Navy PNP Philippine National Police (PNP) PNP-MC PNP-Maritime Command. MOFAD Ministry of Fisheries and Aquaculture Development NGOs Non-Governmental Organizations SFMP Sustainable Fisheries Management Project SSG SSG Advisors URI University of Rhode Island USAID United States Agency for International Development WWF World Wildlife Fund iii TABLE OF CONTENTS Acronyms ........................................................................................................................... iii Introduction ..........................................................................................................................1 Overview of BD Operations and Management ....................................................................1 Operations ............................................................................................................................1 Organization and Membership .............................................................................................3 Training ................................................................................................................................3 Benefits ................................................................................................................................4 Challenges ............................................................................................................................5 Legal Foundations of the Bantay Dagat...............................................................................6 Variation in BD Program Implementation .........................................................................12 Commission-type of Organization .....................................................................................12 Bantay Dagat and Local Policy Making through MFARMC ............................................14 Tingloy Experience ............................................................................................................16 BD as an Independent Community Organization ..............................................................16 Provincial Level Operation of BD .....................................................................................17 Conclusion .........................................................................................................................17 Recommendations ..............................................................................................................17 Annex .................................................................................................................................18 iv INTRODUCTION The Bantay Dagat (BD) or “sea guardian” program is a community-based law enforcement institution in the Philippines that engages fisherfolk in coastal villages or barangays on a volunteer basis to support the detection and enforcement of illegal fishing in coastal waters. The BD program has been highly effective and has been formally institutionalized in coastal and fishery law enforcement in existing national laws and local ordinances in the Philippines. The BD draws on the participation of communities in the management and protection of coastal and marine ecosystems, and it supplements the capacity—in terms of limited personnel and resources to patrol vast coastlines—of LGUs in conducting law enforcement activities. However, while the basic objectives of the program are the same across the Philippines, different national agencies and local government units (LGUs) have taken different approaches to integrating the BD into local law enforcement activities. This review presents the various aspects of the BD’s implementation, including organization, membership, operations, benefits for volunteers, and explores the challenges encountered in the design and implementation of the BD. It then identifies the legal foundations of the BD and describes how it was organized, developed and implemented in the Philippines. On these premises, the nation’s legal framework is discussed, focusing on key and relevant provisions of specific national laws and local ordinances. The review then explores the different modalities of the BD’s operation at the local level and adaptation of the program to different local contexts. Finally, this review presents a number of recommendations to provide insights on how specific challenges for the sustainability and effectiveness of the program can be addressed. OVERVIEW OF BD OPERATIONS AND MANAGEMENT Operations Generally, the BD’s activities include seaborne patrolling and monitoring; surveillance and evidence collection; regular meetings with law enforcement staff; information, education, and communication (IEC) activities related to fisheries laws and marine conservation in local communities; and the detection, pursuit and apprehension of violators of fisheries laws. One study has shown that ideally, a BD volunteer should conduct regular patrol operations 12 to 13 times
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