42
without offshore islands336. But there are ongoing discussions regarding the crafting of
guidelines for the delineation of municipalities with offshore islands. The DILG has also
recommended that DA-BFAR revisit DAO-17 and its provisions in crafting a comprehensive
guideline for all municipalities with municipal waters. 337 It is worth noting that the guidelines
on delineating the municipal waters with offshore islands would be beneficial for LGUs to begin
the process.
b. Boundary disputes between municipalities have also been observed through the consultations,
and it is one of the issues that slowed down the process of delineation. Participants recommend
the implementation of Common Fishery Management Areas to allow municipal fisherfolk to
continue to fish in areas with overlapping municipality jurisdiction. In this way, artisanal
fisherfolk will have more access to marine resources while limiting their intrusion into other
municipalities, where they would be penalized for illegal entry and non-registration.
c. The NCIP has called for the respect of indigenous peoples' rights over ancestral waters that
overlap boundaries with municipal waters. NAPC shared that they have created a TWG that
aims 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. The TWG also seeks to facilitate harmonizing plans and programs of
various government agencies and LGUs on the use of municipal and ancestral waters.
NAMRIA revealed that their efforts on municipal water delineation have been limited due to
the imposition of community quarantines because of the COVID-19 pandemic. They were not
able to do coastal validation and face-to-face orientations; thus, meetings with concerned LGUs
were done through online video conferencing platforms.
2. The FGDs reveal that artisanal fisherfolk viewed RA No. 8550 as good law. The law was supposed to
arrest the increase of IUU fishing and the intrusion of commercial fishing vessels in municipal waters
in the early 90s. However, both activities continue unabated and have contributed to declining fish stocks
and decreased catch volume of artisanal fisherfolk in municipal waters. Poor implementation and the
lack of political will of the chief executive have contributed to the weak law enforcement.
a. Before the enactment of RA No. 8550, the participants report an average catch of 10-15
kilograms daily. With the rise of IUU fishing in the early 90s, this decreased to around 5
kilograms. At the start of the implementation of the Fisheries Code, it increased back to 10-15
kilograms, but receded back to 5 kilograms daily as the implementation was not sustained.
b. Section 124 of RA No. 8550 allowed the designation of competent individuals, who have
undergone training in law enforcement as deputy fish wardens. However, it was disclosed in the
consultations that some municipalities are unable to implement the provision due to poor budget
allocations. The PNP-MG alluded to the difficulty in policing municipal waters due to the sheer
size of water territory in the country.338 They have also turned to recruiting force multipliers to
help them police territorial waters for illegal activities. 339 This highlights the importance of fish
wardens to protect and enforce laws in municipal waters.
c. A complaint emerged in the consultation that when fish wardens report illegal fishers or
commercial vessels entering municipal waters, they are charged with piracy for boarding the
erring vessels. As a remedy, the PNP-MG averred that under the new amendments to RA No.
8550, fish wardens could use the Strategic Lawsuit Against Public Participation (SLAPP)340
provision as a defense. SLAPP is a defense available against the prosecution of law enforcers
336
Presentation of UP-IMLOs, supra note 40
337
NAMRIA, Consultation with NGAS, supra note 40
338
PNP-MG, Consultation with NGAS, supra note 40
339
Ibid.
340
Sec. 139 of RA No. 10654, supra note 13