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THE
COASTAL MANAGEMENT PLANNING PROCESS
BEING ADAPTED FOR THE PHILIPPINE LOCAL GOVERNMENT
CRM Supporting Mechanisms -
National Legal and Policy Framework for Coastal Management
Benchmarks (Activities and Outputs)
a. National policies
supportive of IC for effective field level management
b. National jurisdictions clear in relation to local government
c. National agency roles supportive and effective for improved CRM
The Philippine National
Legal and Policy Framework
Legal basis
Coastal management as a basic service of local government
Proven approaches and policies for coastal management
New paradigms for coastal management in the Philippines
References
Legal
and Jurisdictional Guidebook for Coastal Resource Management in the
Philippines. 1998. DA-BFAR, DENR, DILG, CRMP/DENR/USAID, Cebu City,
Philippines
Philippine
Fisheries Code of 1998
Coastal
Resource Management for Food Security. 1999. CRMP/DENR/USAID, FRMP/DA/ADB/JBIC,
DA-ATI. Cebu City, Philippines
Primer
on Coastal Resource Management. 1999. CRMP/DENR/USAID, Cebu City, Philippines
A
Prototype Comprehensive Coastal Resource Management Ordinance for Philippine
Municipalities
Check
also the legislation section on our download page
The Philippine National
Legal and Policy Framework
Legal basis
The primary mandate for coastal management has been largely devolved to
local government under the Local Government Code of 1991 (Republic Act
No. 7160) and more recently defined in the Fisheries Code of 1998 (Republic
Act No. 8550) <link to download page>. Coastal management may be
viewed as one of the inherent functions of local government units in accordance
with their general powers for management within their territorial jurisdictions,
which include municipal waters out to a distance of 15 km from the coastline.
Section 16, Article
I. Jurisdiction of Municipal/City Governments. The municipality/city
government shall have jurisdiction over municipal waters as defined
in this Code (…marine waters included between two lines drawn perpendicular
to the general coastline from points where the boundary lines of the
municipality touch the sea at low tide and a third line parallel with
the general coastline including offshore islands and fifteen kilometers
from such coastline). The municipal/city government, in consultation
with the Fisheries and Aquatic Resources Management Council (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.
Section 76, Article
II. The integrated Fisheries and Aquatic Resources Management Councils
shall be created in bays, gulfs,… [bounded by two or more municipalities/cities
to assist in the preparation of plans and fishery ordinances, and in
the enforcement of fishery laws, provide advice on fishery matters,
and perform other functions as required.]
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Coastal management
as a basic service of local government
Coastal management as a basic service of local government incorporates
all the local government powers and responsibilities including planning,
protection, legislation, regulation, revenue generation, enforcement,
inter-governmental relations, relations with people's and non-governmental
organizations, and extension and technical assistance.
The planning process being adapted
for Philippine local government has been detailed from the perspective
of local government, in particular, municipalities and cities, who are
now tasked by law with the primary responsibility for the nation's coastal
resources and municipal waters. It is tailored from a more generic process
evolving in many parts of the world for coastal management.
The steps in this process are basic and essential prerequisites to successful
coastal resource management. They can be facilitated and partially supported
by local governments together with their partner communities at the barangay
level as well as national government agencies.
The municipal or city government has an important facilitating role in
the coastal management process because of their legal mandate to manage
resources within municipal waters. National agencies, DENR and BFAR, primarily,
have key supporting roles in the coastal management process, together
with LGUs, including provinces. Non-governmental organizations, both national
and local, are often involved in the community-level implementation process
through either contracting arrangements under government agencies, or
through their own projects funded externally. Academic institutions of
different types have important roles in baseline assessment, information
management and analysis for planning, and monitoring and evaluation of
coastal management. Overall, the coastal management process is one of
collaboration among various sectors and stakeholders.
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Proven approaches
and policies for coastal management
The Philippines is in the process of defining what policies are basic
to successful integrated coastal management. These are being tested at
the field level all around the country and are being compared to national
law and institutional structures in an effort to improve the connections
between local implementation and national policy. Several key ingredients
in the national policy framework that reflect local realities in the Philippines
are:
- Participation
in management decisions is essential at all levels. The Philippines
has a tradition of democracy that encourages community-level participation
and responsibility. This builds on the bottom-up model of encouraging
barangay-level groups to form management associations and become the
effective managers of their coastal resources. This local level of decision-making
is supported through the Local Government Code and the Fisheries Code,
which both give significant jurisdiction to local governments in the
resource management process.
- National agencies
with jurisdiction over coastal resources need to assist local government
units and provide technical support. The capacity of local governments
to manage their coastal environments and resources is limited. They
need technical guidance, personnel, budget, and mentoring to achieve
integrated coastal management practices. This can be facilitated by
national agencies such as DA-BFAR, DENR, DILG and DOT with jurisdiction
and concern for coastal environments and resources. The difference now,
as compared to the past, is that the direct management responsibility
and implementing authority lies primarily with the local governments.
- Collaboration
and synergy among agencies is essential. The very term "integrated"
strongly suggests that all institutions with a mandate and concern for
management of coastal resources must collaborate. This collaboration
will include government and non-governmental organizations and international
projects and donors. The planning unit and the boundaries of collaboration
will most often be determined by ecological criteria and natural divisions.
Bays with defined ocean parameters, resources and issues do not respect
political boundaries. Rather, they must be planned for and managed as
a bay unit. This may include several municipalities and one or more
provinces in some cases.
- Multiple education
and communication strategies are required to build a wide basis of support
for CRM. People must begin to understand the issues before they
will take action to solve them. This can be achieved through education
and media campaigns. ICM can be promoted through networks of constituency
groups to support initiatives, thus ensuring better sustainability of
efforts.
- Proven technical
interventions must be pursued and applied appropriately. Much experience
has been gained through a variety of coastal management projects that
have tested coastal management interventions. The viable interventions
must be pursued, such as integrated planning, habitat protection and
management, improved law enforcement, environmentally sensitive livelihood
options, community organization and education, and others
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New paradigms
for coastal management in the Philippines
- Shift in emphasis
to coastal protection and management from fisheries development, exportation,
and optimum production;
- Devolution of
responsibility and mandate for managing municipal waters to local government;
- Redefining roles
of national government agencies toward assisting local government with
coastal management;
- Establishing
multi-sectoral and inter-LGU agreements to solve complex problems associated
with coastal management;
- Broadening the
base of local and national support to sustain community-based coastal
resource management; and
- Mainstreaming
coastal management on the national agenda.
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