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communities they belong in. There are efforts now to pass legislation that will harmonize RA No. 8550
with RA No. 8371 or the Indigenous Peoples Rights Act (IPRA), particularly in the delineation of ancestral
waters and the respect of the rights of indigenous peoples.
National Anti-Poverty Commission (NAPC)
One of the sectoral councils of NAPC120, the Artisanal Fisherfolk Sectoral Council (NAPC-AFSC)
was responsible to present during the consultations. Council member Mr. Pablo Rosales, started the
discussion by mentioning that municipal water delineation is one of the agendas that the council is
advocating. They do acknowledge that the pandemic has presented a challenge in pursuing this advocacy. 121
Delineation of municipal waters is an integral part in ensuring that the provisions of the Fisheries Code
could be properly implemented and in the management of municipal waters.
Figure 6. On the preferential rights of municipal fisherfolk
The presentation then centered on the pertinent provisions in the Fisheries Code that refer to the
preferential rights of municipal fisherfolk in municipal waters. 122
• Section 29: To the rights of the fisherfolks, specially of the local community to municipal fisherfolk
in the preferential use of the municipal waters; Such preferential use, shall be based on, but not
limited to, Maximum Sustainable Yield (MSY)123 or Total Allowable Cash (TAC)124 on the basis
of resources and ecological conditions and shall be consistent with our commitments under
international treaties and agreements;
120
There are 14 basic sector councils within NAPC as provided for by Section 6(3) of RA 8425 supra note 4
121
Consultations with NGAs, supra note 40
122
Section 2(d) RA No. 8550, supra note 8
123
MSY is the largest average quantity of fish that can be harvested from a fish stock/resource within a period of time (e.g. one year) on a
sustainable basis under existing environmental conditions, Sec. 4(53) RA No. 8550, supra note 8
124
TAC is the maximum harvest allowed to be taken during a given period of time from any fishery area, or from any fishery species or group of
fishery species, or a combination of area and species and normally would not exceed the MSY, Sec. 4(72) RA No. 8550, supra note 8