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provisions of this Joint Administrative Order are hereby repealed or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