10 According to Atty. Espenilla, there was a lot of pushback from commercial fishers concerning DAO 17. They perceived that applying the archipelagic principle in delineation designated many water areas as municipal water. 47 On the other hand, artisanal fisherfolk were happier with this interpretation as this meant more areas for them to fish and were granted ‘preferential rights’ to municipal waters, according to RA No. 8550.48 DAO 17 was however, challenged by the House Committee of Appropriations, which passed a resolution that found a legal defect to the order.49 In response to this, the Department of Justice (DOJ) released Opinion No. 100 (2002) stating that it is the Department of Agriculture (DA) and not the DENR should issue the guidelines in delineating municipal waters. 50 As a result, DAO 17 was officially revoked by DAO 07-2003 not because there was something wrong with the concept of using the archipelagic principle in delineation, but because it was not the proper agency that issued the administrative order. It was rescinded with DA Administrative Order no. 1 (2004), which established the guidelines for delineating/delimiting municipal waters for cities without offshore islands. 51 Atty. Espenilla remarked that the DA is still working on the guidelines delineating municipal waters with offshore islands. One of the purposes of RA No. 8550 is “to protect the rights of fisherfolk, especially of the local communities with priority to municipal fisherfolk, in the preferential use of municipal waters.” 52 Yet, the law also allowed the municipal and city government to authorize or permit small to medium commercial fishing vessels within 10.1 to 15 kilometers, provided the depth is more than seven (7) fathoms. 53 Besides distance and depth, additional requirements include: • Fishing activities utilizing methods and gears that are determined to be consistent with national policies set by the Department of Agriculture (DA); • Prior consultation, through public hearing, with Municipal or City Fisheries and Aquatic Resources Management Council (FARMC) has been conducted; and • The applicant vessel and the shipowner, employer, captain, and crew, have been certified by the appropriate agency as not having violated the Fisheries Code, environmental laws, and other related laws. While the differing interpretations and methodologies to be used in delineating municipal waters persist, competition in the use of marine resources in the same waters continues. According to a report done by the John J. Carroll Institute on Church and Social Issues (JJCICSI) and Rare Philippines,54 while much has been done for Philippine fisheries policy since the enactment of the Local Government Code and the Fisheries Code, particularly towards the interests of artisanal fisherfolks and their preferential rights over municipal waters, the prohibition of commercial fishing in the same waters has been “impeded by weak enforcement of fisheries laws and regulation, and the lack of political will to implement the legal prohibitions.”55 The weak implementation of the law allows commercial fishing vessels unabated operations in municipal waters, limiting the access of small-scale fishers to marine resources in the same area. With stiff competition from commercial fishing vessels, small-scale fisherfolk are forced to venture 47 Presentation of UP-IMLOS, supra note 40 48 RA No. 8550, supra note 8 49 What issue was raised about DAO 17, from DAO 17, DAO 7, and municipal waters. Available from www.oneocean.org/overseas/200305/dao17_dao7_and_municipal_waters.html (last viewed 11/17/2021) 50 Ibid 51 Presentation of UP-IMLOS, supra note 40. Atty. Espenilla remarks that this the low hanging fruit as it is much easier to provide guidelines for municipalities without offshore islands. Clarity is still needed with regards to municipalities with offshore islands. 52 RA No. 8550, supra note 8 53 54 Ibid Karapat-Dagat: An Assessment of the Policy on Commercial Fishing in Municipal Waters in Select Local Government Units in the Philippines, by J. Basit, D. Calvan, G. Marin, C. Mongaya, and M. Ramos, Published in partnership by JJCICSI and Rare Philippines, March 2021. Available for download at jjcicsi.org.ph/new-publication-karapat-dagat-an-assessment-of-the-policy-on-commercial-fishing-in-municipal-waters/ 55 Ibid. p.9