WMSU-CPADS

Course No. PA342.1

Course Description: Public Policy Analysis 1
Course Requirement: Policy Paper Proposal

Dr. Frede G. Moreno

Course Supervisor

Insih Sonia S. Fernandez

Student
July, 2019
 A Policy Evaluation on the Effectivity of the Fisheries Conservation Act as Envisioned in
the Philippine Fisheries Code of 1998 (RA-8550)

Chapter/Title Page

Abstract . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . 1
Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Policy Problem . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Objectives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
The Philippine Fisheries Code of 1998 (RA – 8550) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Declared Policies in the Fisheries Sector . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
The ARMM Aquatic and Fisheries Code of 1999 (MMAA No. 86) . . . . . . . . . . . . . . . . . 5
Policy Objectives of MMAA 86 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Policy Framework Empowering Local Government Units (LGUs) in
Fisheries Conservation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
1. Jurisdiction over Municipal Waters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Article 1 – Sec. 16. Jurisdiction of Municipal/City Governments . . . . . . . . . . . . . 6
2. Local Governance in Fisheries Activities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Rule 16.1 Basic Municipal Fisheries Ordinance . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Rule 16.2 License Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Rule 16.3 Special Municipal Fisheries Ordinances . . . . . . . . . . . . . . . . . . . . . . . . 7
3. Enforcement of Fishery Laws in Municipal Waters . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Rule 124.1 Enforcement of Fishery Laws in Municipal Waters . . . . . . . . . . . . . . . 7
4. Regulation and Restrictions in Fishery Activities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Rule 92.2 Regulation by LGUs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
5. Establishment of the Closed Season Policy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Rule 9.3 Closed Season in Municipal Waters . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
6. Socio-economic Policies and Issues . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Sec. 24. Support to Municipal Fisherfolk . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Policy Milestones . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Issues Affecting Fisheries Conservation Program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Past and Current Initiatives on Local Fisheries Conservation . . . . . . . . . . . . . . . . . . . . . . 11
Impact of the Fisheries Conservation Policy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
1. Establishment of Marine Protected Areas (MPAs) and Fish Sanctuaries . . . . . 13
2. Formulation of a Strong Advocacy and Information Dissemination
on Conservation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
3. Development of Local Conservation Policy Formulation . . . . . . . . . . . . . . . . . 13
4. Response to Illegal Reef Fish Trading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
5. Institutionalization of Fishery Registration and Licensing . . . . . . . . . . . . . . . . . 14
Conclusions and Recommendations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
References . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17

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Fernandez, Insih Sonia S.
WMSU-CPADS
PA342.1- Public Policy Analysis 1
Requirement: Policy Paper Proposal

A Policy Evaluation on the Effectivity of the Fisheries Conservation Act as Envisioned in

the Philippine Fisheries Code of 1998 (RA-8550)

Abstract

This paper provides some empirical analysis and evaluation on relevant fisheries
conservation policy as embodied in the Philippine Fisheries Code of 1998 (RA-8550) to include
related provisions exemplified in the Muslim Mindanao Autonomy Act (MMAA 86) which
provides for an Aquatic and Fisheries Code of the Autonomous Region in Muslim Mindanao
(ARMM) and the adaptability of its implementation to Tawi-Tawi being a Local Government Unit.
The province of Tawi-Tawi has abundant fisheries and aquatic resources but otherwise endangered
as a result of illegal, unregulated and unreported fishing activities conducted practically in all of
its rich fishing grounds. Conservation efforts and related progress have been the major concerns
of the government, non-government organizations and other stakeholders. The progress of
fisheries and aquatic resources conservation in Tawi-Tawi is confronted with the challenge of
providing continuing support and coordination from among its partner agencies to foster program
sustainability. The need to further improve policies that would work effectively and efficiently to
strengthen local fisheries management and conservation is imperative in order to sustain the food
security of its constituents.

Introduction

The study intends to make some contribution to the development of local fisheries
conservation programs in the field of academic research. Specifically, it attempts to provide
policy-relevant knowledge on fisheries conservation through policy evaluation via the
identification of problems, performance and outcomes on some of the governing policies related

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to fisheries conservation as envisioned in the Philippine Fisheries Code of 1998 (RA-8550) and
the effectivity of its implementation at the municipal or local level. In Tawi-Tawi, the conservation
of fisheries and aquatic resources has been a critical development agenda of both the government
and non-government organizations. The major concern in this sector is the need to maintain a
delicate balance between requirements for increased production and the need to conserve and
protect the resources for long term sustainability. The province in noted for its abundance of
fishery resources and is also very rich in marine biodiversity, but it is also threatened largely by
man-made destructive activities such as illegal, unregulated and unreported fishing activities.
The Philippine Fisheries Code of 1998 (RA-8550) provides the legal framework and
guiding principles for the development, management, protection and conservation of the Philippine
fisheries and aquatic resources. Similarly, for the adaptation of the agenda on fisheries
conservation in the region, the Muslim Mindanao Autonomy Act (MMAA 86) which provides for
an Aquatic and Fisheries Code of the Autonomous Region in Muslim Mindanao (ARMM) was
promulgated. Among others, the policy declaration of the Act is to ensure the rational
management, sustainable development, and intensified conservation of the fishery and aquatic
resources in ARMM to maintain sound ecological balance of the environment. It also emphasized
the limitation of access to the fisheries and aquatic resources for the exclusive use of Filipinos,
preferably the ARMM residents. The overall objective is to achieve food security as the overriding
consideration in the management, development, and utilization of fisheries and aquatic resources
in order to provide for the food requirements of the people.

Policy Problem

The dwindling progress in the utilization and conservation programs of Tawi-Tawi’s

fisheries and aquatic resources has serious implications for the future of the marine environment
and the sustainability of coastal and aquatic resources upon which the majority of the population
depend for food and livelihood. Illegal methods of catching fish with the use of dynamite and
cyanide, compressor fishing and use of unregulated nets along with other destructive methods of
collecting mollusks, crustaceans, corals and other aquatic resources have not been totally
eradicated despite the conservation efforts provided by government agencies, non-government
organizations, local conservationists and the community people. The statistical data indicating

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that over fishing and too much dependency on the resources for food and income generation have
long been considered pressing issues that deteriorate the fisheries resources, while technologies to
improve fishing efforts have dramatically increased making it possible to catch every fish in the
sea.

Objectives

The study sought to address the following objectives:

1. To empirically analyze the Philippine fisheries conservation policies as envisioned in the
Philippine Fisheries Code of 1998 (RA-8550) and its effectivity and adaptability to local
community implementation.
2. Identify appropriate measures on practical fisheries management towards achieving an effective
balance between the needs of local artisanal fishermen, commercial fishing sector, the environment
and the society; and
3. To draw workable strategies to further improve adaptable local fisheries conservation policies
when necessary.

The Philippine Fisheries Code of 1998 (RA – 8550)

Republic Act (RA) 8550 otherwise known as the Fisheries Code of 1998, is the governing
law in Philippine fisheries to address the interconnected issues of resource degradation and
unrelenting poverty among municipal fishers. It provides for a national policy on sustainable use
of fishery resources to meet the growing food needs of the population. It calls for management of
fishery and aquatic resources in a manner that is consistent with the concept of an integrated coastal
area management in specific natural fishery management areas.
The Code also promotes and protects the rights of municipal fisherfolk, especially in the
preferential use of municipal waters. Resident fisherfolks and their cooperatives/organizations are
given the priority to exploit the expanded 15-kilometer limit of municipal waters. It further
mandates the government to promote the general welfare of municipal fishers through provision
of support services and fair labor practices.

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 In general, Republic Act 8550 is the response to address the trend of blind resource
exploitation.

Declared Policies in the Fisheries Sector

The declared fisheries policies of the State under the Philippine Fisheries Code of 1998
(Republic Act 8550) are:
a. to achieve food security as the overriding consideration in the utilization, management,
development, conservation and protection of fishery resources in order to provide the food
needs of the population.
b. to limit access to the fishery and aquatic resources of the Philippines for the exclusive use
and enjoyment of Filipino citizens;
c. to ensure the rational and sustainable development, management and conservation of the
fishery and aquatic resources in Philippine waters.
d. to protect the rights of fisherfolk, specially of the local communities with priority to
municipal fisherfolk, in the preferential use of the municipal waters.
e. to provide support to the fishery sector, primarily to the municipal fisherfolk, including
women and youth sectors, through appropriate technology and research, adequate
financial, production, construction of post-harvest facilities, marketing assistance, and
other services.
f. to manage fishery and aquatic resources, in a manner consistent with the concept of an
integrated coastal area management in specific natural fishery management areas,
appropriately supported by research, technical services and guidance provided by the State;
and
g. to grant the private sector the privilege to utilize fishery resources under the basic concept
that the grantee, licensee or permittee thereof shall not only be a privileged beneficiary of
the State but also an active participant and partner of the government in the sustainable
development, management, conservation and protection of the fishery and aquatic
resources of the country.

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The ARMM Aquatic and Fisheries Code of 1999 (MMAA No. 86)

The Muslim Mindanao Autonomy Act (MMAA) No. 86 provides for an Aquatic and
Fisheries Code of the Autonomous Region in Muslim Mindanao (ARMM). Among others, the
policy declaration of the Act is to ensure the rational management, sustainable development, and
intensified conservation of the fishery and aquatic resources in ARMM to maintain sound
ecological balance of the environment. It also emphasized the limitation of access to the fisheries
and aquatic resources for the exclusive use of Filipinos, preferably the ARMM residents. The
overall objective is to achieve food security as the overriding consideration in the management,
development, and utilization of fisheries and aquatic resources in order to provide the food
requirements of the people.
In general, the ARMM Aquatic and Fisheries Code of 1999 or MMAA 86 replicates the
major policy provisions set in Republic Act 8550 while providing specific policies on fisheries
management and conservation adaptable to the region.

Policy Objectives of MMAA 86

The ARMM Aquatic and Fisheries Code of 1999 has the following specific objectives for
the region:
 Poverty alleviation and the provision of supplementary livelihood among municipal
fisherfolk;
 Modernization program of the fishery sector by transforming it from a resource-based to a
technology-based industry;
 Equitable access of small fisherfolk to assets, resources, services and post-harvest facilities;
and
 Promotion of people empowerment by establishing mechanisms for the participation of
people’s organizations, non-government organizations, and cooperatives in decision-
making.

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Policy Framework Empowering Local Government Units (LGUs) in Fisheries Conservation

The Philippine Fisheries Code of 1998 (RA-8550) also provides the following policy
framework in establishing the authority and responsibility to the Local Government Units (LGUs)
in fisheries conservation program:

1. Jurisdiction over Municipal Waters

Article 1 – Sec. 16. Jurisdiction of Municipal/City Governments. - The municipal/city

government shall have jurisdiction over municipal waters as defined in this Code. The
municipal/city government, in consultation with the FARMC shall be responsible for the
management, conservation, development, protection, utilization, and disposition of all fish and
fishery/aquatic resources within their respective municipal waters.

2. Local Governance in Fisheries Activities

The power, control and authority over fisheries activities particularly in the management,
exploitation and conservation of the fisheries and aquatic resources at the municipal and
community level are within the scope of the Local Government Units. As such, LGUs are
mandated to impose the following legislation:

Rule 16.1 Basic Municipal Fisheries Ordinance - Shall enact a basic Municipal Fisheries
Ordinance (MFO) delineating the boundaries of the municipal waters as defined in this Code and
providing the rules and regulations on licensing and permits and other fisheries activities: Provided
however, that for municipalities whose waters are adjacent or contiguous to international borders,
the delineation of boundaries of municipal waters shall be done after due consultation with the
DFA and other concerned agencies;

Rule 16.2 License Fees - Shall determine, in consultation with the FARMCs, the license
fees of fisheries activities in municipal waters: Provided that the FARMC may also recommend
the appropriate license fees that will be imposed;

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 Rule 16.3 Special Municipal Fisheries Ordinances - Shall enact, in consultation with
BFAR, Special Fisheries Ordinances, such as but not limited to declaring special demarcated
fisheries areas, closed season and environmentally critical areas and sanctuaries;

3. Enforcement of Fishery Laws in Municipal Waters

Rule 124.1 Enforcement of Fishery Laws in Municipal Waters - The LGUs shall have
authority over municipal waters to enforce all fishery laws, rules and regulations as well as valid
fisheries ordinances enacted by the municipality/city council and may seek the assistance of the
Department, through the BFAR, in the training of the Bantay Dagat Task Force in fishery laws,
apprehension techniques and gathering of evidence;

4. Regulation and Restrictions in Fishery Activities

Rule 92.2 Regulation by LGUs - The LGUs, shall enact the appropriate Municipal
Fisheries Ordinance prohibiting destructive fishing gears and its variations in accordance with
national policies;
a) Monitoring - the requirement of continuously observing: (1) fishing effort which can be
expressed by the number of days or hours of fishing, number of fishing gears and number of
fisherfolk; (2) characteristics of fishery resources; and (3) resource yields (catch);
b) Control - the regulatory conditions (legal framework) under which the exploitation,
utilization and disposition of the resources may be conducted; and
c). Surveillance - the degree and types of observations required to maintain compliance
with regulations.

5. Establishment of the Closed Season Policy

Rule 9.3 Closed Season in Municipal Waters. – Include closed season regulations in
waters under the jurisdiction of special agencies, municipal waters and bays, and/or other areas
reserved for the use of the municipal fisherfolk upon the concurrence and approval or
recommendation of such special agency and the concerned LGU and FARMC, in which case the

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concerned LGUs or special agencies shall, through appropriate municipal fisheries ordinance or
resolution, cease to issue license/permits for fisheries activities in municipal waters and bays in
closed season area.

6. Socio-economic Policies and Issues

The State is also mandated to ensure the attainment of poverty alleviation and the provision
of supplementary livelihood among municipal fisherfolk. The realization of this objective has
been supported by the following socio-economic policies as declared in the Code:
Sec. 2e. To provide support to the fishery sector, primarily to the municipal fisherfolk,
including women and youth sectors, through appropriate technology and research, adequate
financial, production, construction of post-harvest facilities, marketing assistance, and other
services. The protection of municipal fisherfolk against foreign intrusion shall extend to offshore
fishing grounds. Fish workers shall receive a just share for their labor in the utilization of marine
and fishery resources;

Sec. 24. Support to Municipal Fisherfolk – The Department and the LGUs shall provide
support to municipal fisherfolk through appropriate technology and research, credit, production
and marketing assistance and other services such as, but not limited to training for
additional/supplementary livelihood.
Imperative to the attainment of this socio-economic policy objective is the need to address
pressing issues on the basis of the result of assessment studies conducted by the FISH Project and
the World Wildlife Fund that have identified destructive activities as a major threat to local
fisheries conservation. The most prevalent were dynamite and cyanide fishing. Others were sand
and coral quarrying, mangrove cutting and poor waste disposal.
Apparently, these activities support community livelihood and would be difficult to arrest
unless alternative livelihood activities are proven as better long-term options. When marine
protected areas were established in the province, resistance was met in certain locales. This was
because some of the protected areas were the traditional fishing grounds of the community.
Convincing a community to give up a source of livelihood would be a particular challenge
especially if it serve as their only source of livelihood. (Arsad, 2008).

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Policy Milestones

 In December 2013, the Philippine government passed Executive Order 154, a National Plan
of Action to prevent, deter and eliminate Illegal, Unregulated and Unreported (IUU)
fishing. The plan outlines priority actions that will address the ecological, biological and
socio-economic challenges posed by IUU fishing in a coordinated and integrated manner
with collaboration between Philippine Government departments and agencies.
 In February 2015, The Republic Act 10654—An Act to Prevent, Deter and Eliminate
Illegal, Unreported and Unregulated Fishing, amending the 1998 Philippine Fisheries Code
of 1998—lapsed into law.

Illegal, unreported and unregulated fishing weakens efforts to manage fisheries sustainably
and also threatens food and livelihood security in coastal communities. In the Philippines, marine
biodiversity loss and fisheries decline have a significant impact since fish provide more than 50
percent of dietary protein and serve as an important source of nutrients. According to a USAID
Report, an estimated 1.7 million small-scale or municipal fishers are the poorest of the poor—four
out of ten Filipino fishers live below the poverty line, earning about $4/day (Php 195/day).
In Tawi-Tawi, a common provision of these ordinances were instituted by the LGUs which
defines the boundaries of the Spawning Aggregation MPA with the following regulations:
• Prohibitions of all kinds and forms of illegal fishing, such as but not limited to the use of
poisonous substances/chemicals (e.g. sodium cyanide and toxic plants), explosives (e.g.
dynamites), and fine mesh nets, compressor fishing and other illegal forms of fishing as defined
by the Muslim Mindanao Autonomy Act 1986 (MMAA86) and other existing local ordinances;
• Catching, gathering, collecting of berried and spawning fish specifically during the
spawning period;
• Closure to any fishing activities during the spawning season of the humphead wrasse
(mameng) which is from January to April of every year; and
• Any other acts or activities that will destroy or will place/pose imminent danger or
potential harm to the area are strictly prohibited, and other illegal activities as defined by MMAA
86.

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 It also provided for the creation of a Management Board to strengthen law enforcement
initiatives under the supervision of the Municipal LGU composed of representatives from
municipal and barangay LGUs, FARMC, academe, youth/ women and religious groups in close
coordination with the Philippine National Police (PNP) Maritime Group, PNP, DA-BFAR and
other enforcement units.

Issues Affecting Fisheries Conservation Program

The major issue affecting fisheries conservation in Tawi-Tawi is the rampant illegal,
unregulated and unreported fishing activities of the local fisherfolk. The Province of Tawi-Tawi
is very rich in marine biodiversity, but it is also threatened largely by man-made destructive
activities such as the use of dynamite and cyanide fishing, other forms of fish poisoning,
compressor fishing, gill net or Danish siene (hulbot-hulbot) fishing, coastal rocks and sand
quarrying and unregulated mangrove gathering. Signs of degradation brought about by decades
of illegal fishing has taken its toll (Sia, 2008).
The issue on live reef fish trade on marine habitats also affects fisheries conservation in
Tawi-Tawi. Without the imposition of regulatory measures, the trading of live reef fish such as
grouper, stone fish, humphead wrasse (mameng), sea mantis and sea cucumber among others, may
eventually endanger the extinction of these species in Tawi-Tawi. The live reef fish trade is a
lucrative industry in the Asia Pacific valued at approximately USD30 million for the Philippines
alone (Palma 2009). The main problems associated with live reef fish trade are the use of
destructive fishing methods affecting coral reefs and overfishing of selected species in their
immature or spawning aggregation stages. The high prices and demand for fish have made it
difficult for the Philippines to address this problem in the last decades.
Offshore capture fisheries are dominated by commercial boats using super lights and purse
seines. Many of these boats operate illegally within municipal waters and land their catch in
northern Philippines and other ports in Mindanao such as Zamboanga City. No commercial fish
landings were recorded in Tawi-Tawi, and municipal landings were estimated at only 11,380,
indicating that municipal fish catches are mostly for subsistence use or are not recorded. (Fish,
2000).

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 Other threats to the rich coastal resources of Tawi-Tawi is the almost total lack of
management through law enforcement, education and coastal resource management programs to
guide the fisheries in their manner of exploitation. The entire area is notorious for rampant illegal
fishing through dynamite and other illegal use of nets and collection of mollusks, crustaceans,
stony corals, precious corals, sea fans, sea turtles and other rare and often legally protected species.

Past and Current Initiatives on Local Fisheries Conservation

The Bureau of Fisheries and Aquatic Resources (BFAR) has been the most active agency
in Tawi-Tawi in documenting the status of fisheries and coastal resources through marine surveys
and some limited collection of fish catch data. It also recommended improved management of
coral reefs in the main island of Pababag (BFAR, 2000).
A few external assistance projects were also present in the area designed to generate
conservation initiative such the Canadian International Development Agency’s Local Government
Support Program, which initiated some capacity-building for local government units (LGUs) in
CRM; the Foundation for the Philippine Environment, which funded research and conservation in
Tawi-Tawi Bay; and the Muslim Upliftment Foundation Inc., which assisted several local
institutions in the establishment of CRM projects.
These early initiatives were the first steps aimed at introducing the municipalities to some
level of CRM, primarily in establishing Marine Protected Areas (MPAs) or fish sanctuaries.
However, they were not designed to institute the whole CRM and fisheries management process
in the LGUs. According to Harun (2010) for institutionalization to begin, the process had to be
pushed forward to the next level of implementation.
The implementation of the 7-year (2003-2010) FISH Project, a technical assistance
initiative of the United States Agency for International Development (USAID) and Bureau of
Fisheries and Aquatic Resources (BFAR), was aimed to achieve the next crucial benchmark in
managing fisheries and coastal resources in the Philippines, in preparation for the development
and institutionalization of integrated fisheries management driven by informed, disciplined and
cooperative stakeholders at national and local levels of government. On this aspect, Tawi-Tawi
presented a unique challenge, as well as ample opportunities for reform when the FISH Project

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started its implementation because of the very minimal level of management in its coastal
communities.
A commercial aquaculture hatchery was established in the archipelago under the Growth
with Equity in Mindanao (GEM) 2 Program. The Tawi-Tawi High Value Multi-Species
Hatchery—the only one of its kind in western Mindanao—is now operated by Mega Fishing
Corporation under a GEM 3-facilitated public-private arrangement with the provincial
government. Mega worked with GEM-funded fisheries consultants to advance research and
development to boost the hatchery cultivation of abalone and grouper, both of which are in great
demand. The hatchery was assisted to initiate the marketing of juveniles of these species to local
fish farmers, who grow them out in floating sea cages using environmentally-friendly technology,
until the abalone and grouper are large enough for sale to Philippine consumers and Asian export
markets.
In response to growing market demand, and to maximize the Tawi-Tawi hatchery, GEM
assisted three fish-farming cooperatives to establish nurseries for growing out abalone and grouper
larvae into juveniles. This would make market distribution more efficient, help make space
available in the Tawi-Tawi hatchery to produce more larvae, and strengthen the sustainability of
the industry. (GEM 2013).

Impact of the Fisheries Conservation Policy

The mandate to implement the Philippine Fisheries Code of 1998 (RA-8550) following the
formulation of its Implementing Rules and Regulations (IRR) at the local level generally instituted
a considerable degree of consciousness and involvement towards fisheries conservation among
local community leaders and other local stakeholders. Significantly, it paved the way for the
institutionalization of basic Coastal Resource Management (CRM) Functions in local governance
conservation systems particularly with establishment of several Marine Protected Areas (MPAs)
and Fish Sanctuaries in Tawi-Tawi Bay focal area.

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1. Establishment of Marine Protected Areas (MPAs) and Fish Sanctuaries

The strategy of establishing Marine Protected Areas (MPAs) and fish sanctuaries proved
to be a generally popular approach among fishery stakeholders in the Tawi-Tawi focal area,
especially in those communities where the MPAs and fish sanctuaries were located. Around the
better managed MPAs, there had been a noticeable decrease in blast fishing, compressor fishing
and other illegal activities, largely because of high enforcer presence in these areas. Community
support increased over time, as the benefits of resource recovery, especially in terms of increased
fish catch, became evident (Fish 2010).

2. Formulation of a Strong Advocacy and Information Dissemination on Conservation

It also paved the way for the establishment of a strong advocacy and dissemination
mechanism with the formulation of the Philippines’ first ever fatwa (religious ruling) on marine
conservation. The fatwa was formulated by a group of ulama in a series of mushawarah
(consultations and research) and officially issued by the Mufti of Tawi-Tawi in 2006. The Fatwa
was disseminated in 4 language versions (English, Arabic, Sama and Tausug) and explicitly
tackled the issues of blast fishing, cyanide fishing, the harvesting of juvenile fishes, and the
protection and conservation of marine habitats. It categorically declared the use of dynamite and
cyanide to catch fish as “prohibited in Islam” because it causes direct or indirect harm to humans
and the environment. It also declared the harvesting of juvenile fishes as “undesirable” if it
involves wastage “such as throwing away or abandoning dead tiny fishes” and that the protection
and conservation of marine habitats is a “collective obligation of the community.” (Fish 2010).

3. Development of Local Conservation Policy Formulation

Along policy formulation initiative, the Sangguniang Bayan (SB) or municipal legislative
council in each of the focal area LGUs – were themselves the focus of capacity-building efforts.
To support local policy development for CRM, the municipal councils worked with the Philippine
Councilors’ League (PCL) and the PCL-Tawi-Tawi Chapter to orient local legislators of their

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duties, functions and responsibilities on local fishery development and the process of formulating
appropriate municipal ordinances.
The provincial government was also able to formulate the Tawi-Tawi Provincial
Environment Code through a participatory and consultative process involving several government
agencies and the various sectors of society. In addition, ARMM, and as a consequence, Tawi-
Tawi, received special attention in terms of the development of fishery-related policy instruments
particularly in the enforcement of fishery laws.
The formulation of Regional Executive Order (REO) 16 s. 2006 created an inter-agency
regional monitoring, control and surveillance team in the ARMM to help reinforce the
enforcement capabilities of the Tawi-Tawi Provincial Coastal Law Enforcement Team (PCLET).
In addition, the adoption of regional FAO (RFAO) 57 s. 2009 providing guidelines on the
harvesting and trading of tropical fishes in ARMM, an especially important concern in Tawi-Tawi,
where a relatively rich source of tropical fishes still remains available amid diminishing catches
and tighter controls in the traditional sources of these lucrative commodities.

4. Response to Illegal Reef Fish Trading

In response to illegal, unregulated and unreported trading of reef fish in Tawi-Tawi, local
officials in Bongao positively responded to the policy by stepping up efforts to prevent illegal trade
of the humphead wrasse (mameng) fish species. As a red-listed commodity, mameng is covered
by both international and national laws on the international trade in rare and endangered species.
In 2007, the municipality of Bongao sought to reinforce the local enforcement of this ban
by adopting a municipal ordinance prohibiting the catching and transport of mameng.

5. Institutionalization of Fishery Registration and Licensing

As part of the effort to pilot Executive Order (EO) No. 305 series of 2004, the
institutionalization of fishery registration and licensing in the Tawi-Tawi Bay municipalities was
effected. EO No. 305 devolved the registration of municipal fishing vessels from the national
government (specifically the Maritime Industry Authority and Philippine Coast Guard) to the
LGUs. The National Anti-Poverty Commission Fisherfolk Sectoral Council and the League of

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Municipalities of the Philippines advocated the LGUs to facilitate the registration of municipal
fishing vessels.
The LGUs and regional officials were oriented to the merits and protocols of
administering a fisheries registration and licensing system at the municipal level. The fisheries
registration system was installed in the municipal fisheries and agriculture office and linked to the
revenue collection system of each of the focal LGUs through a series of workshops leading up to
the adoption a municipal ordinance that officially instituted the system.

Conclusions and Recommendations

A key lesson generated by the various fisheries conservation projects implemented all over
the country is that it is extremely difficult to plan and implement successful coastal and fisheries
conservation and management without a multi-sector approach. Such programs must have
sufficient support from the national and local government and its partners, and a strong level of
acceptance among the resource-dependent communities.
Relative thereto, the process of building efficient governance systems to support the
conservation efforts towards sustainable fisheries in Tawi-Tawi has a long way to go. Broadly,
the local governance system still has to develop into a more participatory democracy, where the
local chief executives, while providing overall vision and direction for development, encourages
constituents to take part in a transparent process of planning and decision-making.
Appropriate regular funding for coastal and fishery law enforcement certainly needs to be
ensured, because tremendous threats remain that if left unrestricted could totally wipe out recent
gains in reducing destructive fishing in Tawi-Tawi Bay. Sporadic illegal fishing activities in other
areas where local enforcers do not maintain a strong presence is of utmost concern.
The provincial government must play a central and decisive role in the strict
implementation of fishery law enforcement and other coastal resource regulations. A system to
regularly monitor and evaluate enforcement and management activities should be properly and
functionally installed to underscore strong political will in fishery conservation efforts.
Where fishing areas are subject to conservation projects with the establishment of Marine
Protected Areas (MPAs), fish sanctuaries or fisheries reserve, affected constituents must be
provided with alternative livelihood activities which are proven as better long-term options. Such

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provision could generate genuine support of stakeholder constituent on fisheries conservation
program and projects.
Tawi-Tawi LGUs still need to complete the registration of fishers and fishing boats and
subsequently put into operation a fisheries licensing system to manage fishing effort and prevent
overfishing in their respective municipal waters.
Finally, following any fisheries and aquatic resources conservation program, regulation of
fishing activities is imperative in the process. Fishing effort management requires the regular
collection and analysis of fish catch data which will serve as a reference point in formulating sound
local conservation policy such as the Close Season Policy for particularly endangered fish species.

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