IMPLEMENTING
GUIDELINES
ON THE GRANTING OF PREFERENTIAL TREATMENT TO SMALL FISHERFOLK RELATIVE
TO THE 15-KM MUNICIPAL WATER
WHEREAS, the
Philippine Constitution
provides for the preferential option for the poorest of the poor sector
of our society;
WHEREAS, the
municipal fishing
sector, through having a significant contribution to the Philippine
economy,
is one of the marginalized sectors in our society;
WHEREAS, 40% of the
country's
population are found in the coastal areas and 8 to 10 million of them
are
directly relying on fisheries for subsistence livelihood;
WHEREAS, 80 percent
of these
communities are characterized by extreme poverty, lack of alternative
livelihood
and inadequate basic service delivery;
WHEREAS, the Local
Government
Code of 1991 grant organizations and cooperatives of marginal
fisherfolk
preferential right to erect corals, oyster, mussel, or aquatic beds or
bangus fry areas, within a definite zone of the municipal waters;
NOW, THEREFORE,
pursuant
to the directive of the President of the Philippines issued to the
Secretaries
of the Department of Agriculture and Department of Interior and Local
Government
dated 15 March 1996 and in consonance with Section 149 (b) of the LGC
of
1991, the following guidelines are hereby issued:chanroblesvirtuallawlibrary
Section 1. Coverage.
The
15 KM Municipal water shall include both marine and inland waters.
Section 2. Process of
Granting
Preferential Right.
a. The
Municipality/City
Fisheries and Aquatic Resources Management Council (MFARMC) shall
determine
a definite zone or zones within the municipal waters for the purpose
above
provided. The Sangguniang Bayan/Panlungsod (SB) shall pass a water
zoning
ordinance based on the determination made by MFARMC.
b. The MFARMC shall
maintain
a registry of municipal fisherfolk and their organizations.
c. The SB shall
post in the
municipality/city hall and at least two (2) other strategic places a
notice
to fisherfolks organizations or cooperatives to apply for the rights.
The
same notice shall be posted in at least two (2) strategic places in
every
fishing barangay and announced once a week for four (4) consecutive
weeks.
d. Interested
parties shall
a period of 45 days from the posting of the notice to signify their
intention
to the SB to avail of the preferential right.
e. Should two (2)
or more
groups signify their intent to avail the right, the MFARMC shall
accommodate
them, if possible. If this should not be possible, the MFARMC shall
draw
up the criteria of selecting qualified applicants.
f. Only if no
qualified applicants
who have signified their intent to avail of the right shall other
parties
be invited to participate in a public bidding. Provided, however, that
the participating bidders should come from the same municipality/city.
g. The chosen
organization
or cooperative shall pay a reasonable amount to the municipality or
city
for the rights.
Section 3. Repealing
Cause.
All orders, rules and regulations or parts thereof, inconsistent with
the
provisions of this Joint Administrative Order are hereby repealed or
modified
accordingly.
Section 4.
Effectivity. This
Order shall take effect immediately upon approval.
Issued this 25th day
of April,
1996 in Quezon City, Philippines.