20
Radiometer Suite (VIIRS), 111 which could possibly indicate encroachment of commercial vessels in
municipal waters. The communication sent to these ‘hotspot’ LGUs is provided as a way to prompt them
of their duties in managing municipal waters and to encourage them to explore available support options
from the NGAs and NGOs.
In continuing their efforts, Mr. Matorres highlighted policy gaps and the actions that they will take to
address them. He urged the DA-BFAR to revisit DAO 17112 and release guidelines on municipal water
delineation of cities and municipalities with offshore islands. Several stakeholder groups have also shared
the sentiment that the delineation process should end with the certification maps from NAMRIA and not
with the passing of an ordinance from the LGU. Notwithstanding, he mentions that appropriate LGUs
should enact ordinance on fisheries management. The agency is also looking to make an inventory and
summon LGUs which have not yet updated their fisheries ordinances to reflect the new provisions under
RA No. 10654. Lastly, he asks the DA-BFAR to monitor the compliance of LGUs which allowed the
operation of commercial vessels in municipal waters, particularly in checking that they ‘faithfully fulfill’
the precondition that they maintain their operations in municipal waters from 10.1 km and beyond. 113
National Commission on Indigenous Peoples (NCIP)
The NCIP was represented by Mr. Eddielito J. Sumangil from the Office on Socio-Economic and
Special Concerns. He discussed the Free, Prior, and Informed Consent (FPIC) process on how the municipal
water can harmonize with the ancestral waters114 of indigenous peoples. He called for the respect of the
rights of indigenous peoples to protect their resources 115 and to regulate entry of migrants. 116 He reminded
that NGAs, local governments, non-government organizations (NGOs), and private entities to observe the
rights of indigenous peoples over their ancestral waters. 117 Because municipal waters are sometimes
overlapping in the ancestral waters of indigenous communities, there are issues of illegal fishers coming in
and overexploiting the marine resources in the area. In order to address this issue, NCIP, together with
indigenous peoples in the ground, created partnerships with different NGOs with the aim of protecting
marine resources in ancestral waters. This has proved successful, as evidenced from their experience in
Palawan wherein they were able to preserve and protect areas from illegal fishers. 118
Mr. Sumangil did raise concerns about the use of nets in Palawan. According to him, mobility of
wildlife in the area, particularly sea turtles and dugongs, are affected due to the nets. 119 This is another
aspect being looked at in the harmonization of the implementation of the Fisheries code, wherein we can
integrate Indigenous Knowledge Systems and Practices (IKSP) in the management and practice in fisheries.
In Bulalacao, Palawan, they were able to create six (6) marine protected areas using the indigenous way.
So now fish stock has been rehabilitated in those areas. They have also created Payao in the area, made
using indigenous materials such as bamboo and coconut leaves. Ms. Sumangil advocated that indigenous
peoples should be considered and consulted in the creation and implementation of programs that affects the
111
VIIRS is one of the key instruments onboard the Suomi National Polar-Orbiting Partnership (Suomi NPP) spacecraft, which was successfully
launched on October 28, 2011. ncc.nesdis.noaa.gov/VIIRS/
112
DENR Administrative Order 2001-17 lays down the guidelines in the delineation of municipal waters.
www.oneocean.org/download/20010629/delineation_guidelines.pdf
113
Consultations with NGAs, supra note 40
114
Ancestral waters form part of the Ancestral Domains of indigenous peoples/indigenous cultural communities, as described in Chapter II
section 3 of RA 8371 or the Indigenous Peoples Rights Act of 1997 more commonly referred to as the IPRA.
www.lawphil.net/statutes/repacts/ra1997/ra_8371_1997.html
115
Ibid. Chapter III, Sec. 7 of IPRA
116
Ibid.
117
Consultations with NGAs, supra note 40
118
Ibid.
119
Ibid.