41
recommended the establishment of better post-harvest facilities in all coastal municipalities, like fish ports
and fish landing sites where they could bring their catch and sell it at equitable prices. 325
BFAR and other relevant agencies should also strengthen their livelihood assistance and the monitoring
of such programs to ensure that they are being implemented properly, received by the rightful recipients,
and not only benefit those who are politically affiliated with the LGU. 326 They also recommended that such
programs be monitored in partnership with NGOs or fisherfolk organizations to ensure transparency,
accountability, andsustainability.327
Information dissemination and education of all stakeholders, particularly those living in GIDAs, was
also recommended as they recognize that not everyone, even the LGU,328 is fully aware of the provisions
of the Fisheries Code and other related laws. The participants also recommended that there should be
specialized credit and financing programs for fisherfolks and social insurance, which would be particularly
helpful in times of calamities, like typhoons and storms, when there is a sudden loss of income because
they could not fish. 329
A call for a moratorium on reclamation and coastal development projects was also raised during the
consultations.330 The majority of the participants lament the loss of marine resources, their livelihood, and
their homes due to these projects. Coastal settlements are likewise under threat, and they recommend the
prioritization of fisherfolk settlements over development projects in coastal areas.331 Participants from
Manila Bay particularly mention the faithful implementation of the 2008 Supreme Court Mandamus 332 ,
which directed concerned NGAs to rehabilitate Manila Bay. They suggested that the rehabilitation of the
bay should be for the benefit of all and not of investors and businesses. They demanded coordination
between the relevant government agencies in planning coastal development projects. Proper research and
studies on the development projects and their effects on the environment should be considered, and there
should be genuine consultation with the communities affected before approval. 333
VI.
KEY FINDINGS
1. According to NAMRIA, out of 930 coastal municipalities, only 77 or 8.28% of municipalities have
passed ordinances indicating delineation of their municipal waters. 334 Delineation and the passage of the
appropriate city/municipal ordinance are vital in implementing the provisions of RA No. 8550 or the
Fisheries Code, particularly the preferential rights of artisanal fisherfolk in municipal waters.
a. Contentions on the interpretation of the law have derailed efforts in delineation. The initial
guidelines, DAO-17,335 which applied the archipelagic principle in delineation and was seen by
artisanal fisherfolk as beneficial to them, but was unfortunately revoked due to a technicality.
The consultations disclosed that DA has only released guidelines on delineating municipalities
325
Consultations with Fisherfolks, supra note 148
326
Ibid.
327
Ibid.
328
Ibid.
329
Ibid.
330
Ibid.
331
Ibid.
332
G.R. 17194-48 MMDA v. Residents of Manila Bay, et. Al. supra note 76
333
Consultations with Fisherfolks, supra note 148
334
NAMRIA, Consultation with NGAS, supra note 40
335
DENR Administrative Order 17, supra note 45