QuestionsQuestions (JOINT DENR-DA-DILG-DND MEMORANDUM ORDER NO. 2000-01, S. 2000)
The Order is issued pursuant to Section 2, Article XII of the Constitution (protection of marine wealth), the Philippine Fisheries Code of 1998, the Local Government Code of 1991, Executive Order No. 192 (1987), DENR Administrative Order No. 19 (1993), and the Joint DENR-DA-DILG-DND Administrative Order No. 97-01 (1997).
It declares the policy to initiate rational and sustainable development of the environment and natural resources, and institute management measures to rehabilitate degraded coastal reefs and enhance productivity for the benefit of stakeholders dependent on them.
The Order covers the establishment, management, and utilization of ARs in municipal waters, including bays and gulfs.
Among the objectives are: (1) sustainable development of fishery and aquatic resources; (2) addressing food security; (3) allowing natural regeneration and recolonization of degraded coral reefs and their environment; (4) providing habitat enhancement and recruitment of important fish species; (5) improving diversity and sizes of fish caught; (6) alleviating poverty among coastal fisherfolks; and (7) developing community-based coastal resource management initiatives.
An AR is any structure of natural or man-made materials placed on the sea bed to serve as shelter and habitat, source of food, breeding areas for fishery species, and other marine organisms.
It must provide, among others, sanctions for violations of the permit’s terms and conditions, collection of reasonable permit and annual rental fees, with rates determined by the Sangguniang Bayan; a pro-formatted ordinance is to be prepared by DA-BFAR in coordination with DENR.
Priority is: (a) resident municipal/city fisherfolk cooperative/organization; (b) resident municipal fisherfolk/people’s organizations; and (c) provincial fishery associations/federations.
A gratuitous permit is allowed for AR establishment that adheres to the guidelines and may be granted to accredited academic and research institutions, LGUs, and national government agencies.
The order of priority under Section 6 prevails over the conflict scenario described under the gratuous permit provision.
First, the proponent seeks technical assistance from DA-BFAR in collaboration with DENR to determine suitability and feasibility. Second, if suitable, DA-BFAR requires submission of a proposed management and operation plan (using a pro-formatted outline). Third, if advised, the proponent files the application with the Municipal/City Mayor with required documents: registration and constitutions/bylaws, updated list of members and addresses, a management/operation plan with technical description and sketch, and certificates of site suitability and feasibility issued by Regional DA-BFAR and DENR.
Among the criteria: (1) the AR site should not be less than 1 kilometer away from existing natural reefs (if any) and 500 meters away from existing ARs; (2) it should be near alternative food sources (e.g., seagrass beds), constructed on a flat barren area with relatively good visibility, at a depth protected from wave action but accessible to association members (15–25m.); and (3) it must be outside designated navigational sea lanes, not obstruct traditional navigation routes, and not pose a navigational hazard.
Allowed materials include concrete blocks or culverts and limestone or rocks. There is a moratorium on the use of scrap tires and junk vehicles or sea crafts for ARs pending further DENR environmental impact studies. Other materials require prior approval by DENR and DA-BFAR.
Commercial fishing is prohibited within the technically described AR area and 200 meters away from its boundary lines. Subsistence fishing with hook and line is allowed for qualified association/cooperative members under time and catch limitations and other restrictions prescribed by the association in coordination with DENR and DA-BFAR. Subsistence fishing for non-members/resident fisherfolk is also allowed subject to restrictions imposed by the association. Sustenance fishing is permitted only one year after establishment and only after a coordinated stock assessment finds suitability.
Sustenance fishing is allowed one (1) year after establishment of the AR and only after a coordinated stock assessment conducted by DA-BFAR in coordination with DENR.
The permittee must submit quarterly reports to the Office of the Municipal/City Mayor (copy furnished DA-BFAR and DENR) on AR status, including volume of catch by species, species composition and sizes, and estimated market value. The permittee must also assist relevant national and local agencies in conservation, management, and protection of municipal and offshore fishery and aquatic resources.
They conduct an inventory of existing ARs (number, location, status, volume, catch statistics, species/composition/sizes, CPUE), gather baseline scientific data after six months (initial recruitment, standing stock, and other relevant information), evaluate annually socio-economic benefits and ecological impacts, and investigate movements between natural reefs and ARs and study trophic relationships in refuges/feeding/breeding areas.
Operators are given a 90-day grace period from effectivity of the Order to comply. Otherwise, existing ARs shall be removed/demolished by the LGU concerned at the expense of the operator.
It takes effect fifteen (15) days after its publication in a newspaper of general circulation.