8 Coastal law enforcement units must be formed and functional in all coastal LGUs to promote voluntary compliance with and to apprehend violators of national and local laws and regulations. This guidebook was produced by: Department of Department of the Department of Environment and Interior and Local Agriculture - Bureau of Natural Resources Government Fisheries and Aquatic Resources Local Government Units, Nongovernment Organizations, and other Assisting Organizations through the Coastal Resource Management Project, a technical assistance project supported by the United States Agency for International Development. Technical support and management is provided by: The Coastal Resource Management Project, 5/F Cebu International Finance Corporation Towers J. Luna Ave. cor. J.L. Briones St., North Reclamation Area 6000 Cebu City, Philippines Tels.: (63-32) 232-1821 to 22, 412-0487 to 89 Fax: (63-32) 232-1825 Hotline: 1-800-1888-1823 E-mail: [email protected] or [email protected] Website: www.oneocean.org PHILIPPINE COASTAL MANAGEMENT GUIDEBOOK SERIES NO. 8: COASTAL LAW ENFORCEMENT By: Department of Environment and Natural Resources Bureau of Fisheries and Aquatic Resources of the Department of Agriculture Department of the Interior and Local Government and Coastal Resource Management Project of the Department of Environment and Natural Resources supported by the United States Agency for International Development Philippines PHILIPPINE COASTAL MANAGEMENT GUIDEBOOK SERIES NO. 8 Coastal Law Enforcement by Department of Environment and Natural Resources (DENR) Bureau of Fisheries and Aquatic Resources of the Department of Agriculture (DA-BFAR) Department of the Interior and Local Government (DILG) and Coastal Resource Management Project (CRMP) 2001 Printed in Cebu City, Philippines Citation: Department of Environment and Natural Resources, Bureau of Fisheries and Aquatic Resources of the Department of Agriculture, and Department of the Interior and Local Government. 2001. Philippine Coastal Management Guidebook No. 8: Coastal Law Enforcement. Coastal Resource Management Project of the Department of Environment and Natural Resources, Cebu City, Philippines, 164 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 No. AID-492-C-00-96-00028-00. 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 as proper reference is made to the source. Photo credits: Front cover: Lynn Funkhouser and Mike Ross. Back cover: Elpidio dela Victoria, Marlito Guidote, and Rosario Farrarons. CRMP Document No. 08-CRM/2001 ISBN 971-92289-8-9 iii Contents List of tables v List of figures vii List of acronyms and abbreviations ix Acknowledgments xiii Foreword xvi Preface and orientation to this guidebook series xvii Chapter 1. Introduction 1 Coastal issues and obstacles to law enforcement 1 Role of enforcement in coastal resource management 3 Guiding principles and framework for coastal law enforcement 5 The need for an integrated, multisectoral approach to coastal law enforcement 7 Chapter 2. Legal and institutional context for coastal law enforcement 9 Legal framework for coastal law enforcement in the Philippines 9 Institutional mandates for coastal law enforcement 15 Chapter 3. Common violations of coastal laws 27 Coastal zone features 27 Typology of coastal law violations 29 Relatedness of violations 39 Chapter 4. Soft coastal law enforcement approaches to achieve voluntary compliance 43 Coastal resource management planning 43 Legislation and regulation 47 Monitoring and evaluation 49 Information management 52 Education and outreach 54 Networking and alliance building 59 Chapter 5. Hard coastal law enforcement approaches to achieve general and special deterrence 63 Intelligence and networking 64 Enforcement planning 66 Enforcement operations 67 Rules of engagement 73 iv Coastal Law Enforcement Handling of evidence 80 Case preparation 87 Criminal procedure 88 Administrative procedure 94 Chapter 6. Strategies to address common violations of coastal laws 99 Strategies to address common violations of coastal laws 99 Strategies to address fisheries-related violations 100 Strategies to address protected aquatic species-related violations 111 Strategies to address coastal habitat-related violations 114 Strategies to address foreshore and shoreline development-related violations 116 Strategies to address coastal and marine pollution-related violations 118 Chapter 7. Emerging trends in coastal law enforcement 123 Demilitarizing coastal law enforcement 123 National initiatives in coastal law enforcement 125 Local initiatives in coastal law enforcement 126 Balancing soft and hard approaches for coastal law enforcement 127 Building local capacity for coastal law enforcement 130 Establishing multisectoral coastal law enforcement support systems 132 Annexes 1A Legal provisions and penalties for common fisheries-related violations 137 1B Legal provisions and penalties for common protected aquatic species-related violations 142 1C Legal provisions and penalties for common coastal habitat-related violations 145 1D Legal provisions and penalties for common foreshore and shoreline development-related violations 147 1E Legal provisions and penalties for common coastal and marine pollution-related violations 149 1F Legal provisions and penalties for other violations/crimes in the coastal zone 154 2 Commonly asked questions answered 155 References 161 v List of tables Table 1 Types of issuances in hierarchy of importance 10 Table 2 Philippine Constitution: Provisions related to the environment, subsistence fishers, and people’s participation in governance 11 Table 3 National laws with provisions relative to coastal law enforcement 12 Table 4 Coastal law enforcement mandates of national government agencies 16 Table 5 Coastal law enforcement mandates of local government officials 18 Table 6 Roles of citizens, volunteer groups, and other interest groups in coastal law enforcement 21 Table 7 Definitions of key coastal features 28 Table 8 List of prohibited/regulated aquatic species in the Philippines 33 Table 9 Examples of regulatory mechanisms and prohibitions enacted through local legislation 48 Table 10 Monitoring indicators and methods applicable to coastal law enforcement 49 Table 11 Coastal law enforcement survey for barangay 51 Table 12 Illustrative data fields pertaining to coastal law enforcement in the MCD 53 Table 13 Examples of bi-polarity of the Philippine value system 56 Table 14 Networks and alliances in the coastal law enforcement continuum 59 Table 15 Outline of a typical operations plan for coastal law enforcement 66 Table 16 Operational tactics used in coastal law enforcement 68 Table 17 Overview of boarding procedures used to inspect or search maritime vessels 70 Table 18 Pre-boarding observations 71 Table 19 Recommended uniform requirements and equipment for boarding 72 Table 20 Minimum information obtained during an investigation of a maritime vessel 74 Table 21 Rules to be followed when taking statements 85 vi Coastal Law Enforcement Table 22 Handling of preservation procedures for fish and water samples 86 Table 23 Case preparation tips 87 Table 24 Strategies to address municipal fishing-related violations 104 Table 25 Strategies to address commercial fishing-related violations 108 Table 26 Strategies to address protected aquatic species-related violations 113 Table 27 Strategies to address coastal habitat-related violations 115 Table 28 Strategies to address common foreshore and shoreline development- related violations 117 Table 29 Strategies to address pollution-related violations 120 Table 30 Benefits of coastal law enforcement 128 Table 31 Benchmarks of coastal law enforcement capacity at different levels of government 130 Table 32 Functions of multisectoral coastal law enforcement support systems at different levels of government 133 vii List of figures Figure 1 Illegal activities occurring in the coastal zone and municipal waters 2 Figure 2 Coasal resource management process adapted for the Philippine local government 4 Figure 3 Coastal law enforcement framework 6 Figure 4 Diagrammatic presentation of key coastal features 27 Figure 5 Coastal resources and issues mapped through a participatory process serve as baseline information for planning a local coastal law enforcement strategy 45 Figure 6 Illustrative municipal water use zoning plan 46 Figure 7 Sample law enforcement report card for a municipality in the Province of Bohol generated by the MCD 52 Figure 8 Trends in coastal law enforcement at the provincial level based in records in the MCD 54 Figure 9 Social marketing strategies to promote compliance with coastal laws 58 Figure 10 Enforcement flow chart 63 Figure 11 Coastal law enforcement issues in coastal areas and municipal waters of Bohol developed through the participation of multisectoral networks 65 Figure 12 Positioning of boarding team on vessel to be inspected 73 Figure 13 Sample certificate of orderly inspection 75 Figure 14 Use of force continuum model 77 Figure 15 Sample receipt for confiscated fish 81 Figure 16 Sample receipt for confiscated items believed to be explosives, noxious or poisonous substances 82 Figure 17 Sample receipt for impounded boat 83 Figure 18 Criminal procedure flowchart 89 Figure 19 Sample transmittal letter of apprehending unit to the prosecutor 90 Figure