48 VII. RECOMMENDATIONS Artisanal fisherfolks recognize the vibrancy of RA No. 8550 or the Philippine Fisheries Code of 1998, as amended by RA No. 10654 in 2015, in particular, on the protection of the preferential rights of fisherfolk to municipal waters. The CHR welcomes the efforts made to promote the development of the country’s fishery resources, enforcement of fishery laws, and the conservation of marine resources by establishing marine protected areas as described by target 14.5 under SDG 14.363 However, issues on the poor implementation of the law, particularly on the delineation of municipal waters, and the continued intrusion of commercial fishing vessels, have continued to cause the loss of livelihood and income. The rise of coastal development projects and the ongoing onslaught of the COVID-19 Pandemic have further exacerbated their already precarious situation. The CHR thus, recommends the following: 1. Address the gaps in the delineation of municipal waters, in particular, the methodology in delineating municipal waters for municipalities with offshore islands. The DILG has recommended that the DABFAR revisit DAO-17 and in particular, the application of the archipelagic principle in delineating municipal waters. a. Accelerate the delineation of waters of municipalities without offshore islands. Collaborate with the LGUs to resolve boundary disputes between adjacent cities/municipalities as it is one of the observed issues that slowed down the process of delineation. i. Artisanal fisherfolk recommends creating Common Fishery Management Areas or Common Fishing Grounds for municipalities with overlapping jurisdictions. In this way, artisanal fisherfolk will have more access to marine resources, at the same time limiting their incursion into other municipalities where they could be apprehended and penalized for illegal entry due to non-registration. b. The CHR supports the call of the DILG to LGUs to enact appropriate ordinances on fisheries management, including ordinances on the delineation of municipal waters and should submit the same to NAMRIA. 2. Respect the rights of indigenous peoples over ancestral waters in accordance with the provisions of the IPRA Law of 1997. The CHR appreciates the efforts of the NAPC to create a TWG that seeks to provide a platform for the cooperation and convergence of government instrumentalities that ensures the preferential rights of artisanal fisherfolks and indigenous fisherfolk over coastal and fisheries resources. 3. Support the preferential rights of municipal fisherfolk over municipal waters by strengthening the implementation of RA No. 8550 as amended by RA No. 10654. Strictly and faithfully enforce the fishery laws and guidelines that prohibit illegal and destructive fishing methods and intrusion of commercial fishing vessels in municipal waters. a. In supporting the preferential rights of municipal fisherfolk to municipal waters, the CHR enjoins the State to take note of the recommendations stated under the VGSSF, in particular, guideline 5.7 which provides that “States should where appropriate grant preferential access of small-scale fisheries to fish in waters under national jurisdiction, with a view to achieving equitable outcomes for different groups of people, in particular vulnerable groups. Where appropriate, specific measures, inter alia, the creation and enforcement of exclusive zones for small-scale fisheries, should be considered.”364 b. Intensify the enforcement of fishery laws against the intrusion of commercial fishing operations in municipal waters. This should entail not only the arrest of perpetrators but also the filing of 363 SDG Watch, Philippine Statistics Authority, Available from psa.gov.ph/sdg/Philippines/baselinedata/14%20Life%20Below%20Water (last viewed 11/30/2021) 364 5.7, The SSF Guidelines, supra note 24