Guidelines for Delineating Municipal Waters

Policy and integrated management goals

The order implements the policy of protecting the rights of the people, especially local communities with priority to marginal fisherfolks, in the preferential use of municipal waters.
The order seeks to ensure attainment of objectives of the fishery sector as declared in Sections 2 and 16 of RA 8550.
Management of contiguous fishery resources (such as bays) that straddle several municipalities/cities/provinces must be executed in an integrated manner and must not be based on political subdivisions of municipal waters.
Local Government Units (LGUs) that share or border contiguous resources must coordinate to achieve integrated fisheries resource management, with ecological integrity as paramount consideration over political autonomy.
Integrated Fisheries and Aquatic Resources Management Councils (IFARMCs) established under Section 76 of RA 8550 serve as venues for close collaboration among LGUs for management of contiguous resources.

Defined terms for boundaries

Adjacent municipalities are coastal municipalities sharing a common land boundary point on the coast.
Baseline is the line from which the outer limits of municipal waters are projected.
Basepoint is a point on land from which baselines are drawn.
Delineation is the determination of the outer limits of a municipality’s municipal waters.
Delimitation is the determination of boundaries of municipal waters between adjacent or opposite municipalities where delineated municipal waters overlap.
Demarcation is the determination of boundaries where there is a depth of at least seven fathoms.
Median line or equidistance line is a line every point of which is equidistant from the nearest points on the coasts of two municipalities.
Tidal water is any water the level of which changes periodically due to tidal action.
Other expressly defined features include coastline (mean lower lowtide), low water line/mark, high water/high tide, fringing reef, cay, reef, shoal, sandbar, rock awash, pinnacle rock, straight baseline, normal baseline, island, coast terminal point, and lateral boundary.

Coverage and geographic scope

The order covers all municipal waters of municipalities and cities without off-shore islands, as defined by Section 4(58) of RA 8550.
Coverage includes streams, lakes, inland bodies of water, and tidal waters within the municipality that are not included within protected areas under RA 7586 (NIPAS Law), nor within public forest, timber lands, forest reserves, or fishery reserves.
Coverage includes marine waters included between:
- two (2) lines drawn perpendicular to the general coastline from points where the municipality’s boundary lines touch the sea at low tide, and
- a third line parallel with the general coastline and fifteen (15) kilometers from such coastline.
If two (2) municipalities are on opposite shores with less than thirty (30) kilometers of marine waters between them, the third line must be equally distant from the opposite shore of the respective municipalities.
The order does not prevent special agencies or offices from exercising jurisdiction over municipal waters based on special laws creating them, including (among others) the Laguna Lake Development Authority and the Palawan Council for Sustainable Development, pursuant to Section 17 of RA 8550.

Agency roles and responsibilities

The Department of Agriculture (DA) authorizes the NAMRIA to assist in delineation under the order’s guidelines and provides implementation mechanisms, financial assistance subject to availability of funds, technical assistance when available, and participation in public hearings through field offices/units/agencies/programs/projects.
The NAMRIA must delineate or delimit boundaries of municipal waters on maps/charts of appropriate scale, and must:
- demarcate areas where seven fathoms of sea depth is found as requested by LGUs,
- provide proposed maps and technical descriptions to LGUs before the public hearing,
- approve maps/charts/technical descriptions after delineation/delimitation,
- participate in public hearings and consultations and record comments/inputs/suggestions/reactions/objections,
- revise maps/charts/technical descriptions after the public hearing,
- approve official copies of maps/charts/technical descriptions and provide approved maps to the municipality/city and other concerned agencies,
- provide technical assistance relevant to delineation and delimitation,
- serve as a repository for technical descriptions and corresponding original maps/charts of all municipal waters,
- conduct actual verification of boundary limits as required.
LGUs must request NAMRIA to delineate/delimit municipal waters, conduct public hearings and consultation, settle disputes with adjacent or opposite municipalities through the Sangguniang Bayang/Panglungsod or Panlalawigan (or appropriate body), and enact corresponding ordinances setting exact locations and boundaries by incorporating maps/charts and technical descriptions.
Participatory assistance is required through other agencies/entities (including Barangay/Municipal/City/Integrated FARMCs, People’s Organizations, Non-Government Organizations, and the academe) that are involved or have stake in management/development of municipal waters, and they must provide information (map/technical descriptions, etc.) for areas under their jurisdiction.

Delineation/delimitation systems and procedure

Requests for delineation/delimitation must be directed to the Administrator of the NAMRIA, through the Director of the Coast and Geodetic Survey Department.
A request may be made by:
- a city or municipality individually or jointly with other cities/municipalities sharing common boundaries, through a resolution of the Sangguniang Panglungsod or Sangguniang Bayan;
- a province on behalf of all its coastal municipalities, through a resolution of the Sangguniang Panlalawigan;
- a national government agency on behalf of any city/municipality through a formal letter/request signed by the head of the agency, but only with conformity of the affected LGUs expressed in a resolution of the concerned Sangguniang attached to the letter/request.
Copies of resolutions/letters requesting delineation must be furnished to:
- DENR Community Environment and Natural Resources Office (CENRO) and/or relevant DENR Regional Office;
- BFAR;
- any affected adjacent or opposite municipality;
- the Regional Office of the Philippine National Police Maritime Group (PNP-MARIG);
- any special agency having jurisdiction over coastal waters that may be excluded from municipal waters (including Protected Area Management Board (PAMB) under the NIPAS Law);
- any affected private parties or sectors the requesting city or municipality deems fit to notify.
The request filing must include a copy of the legislation/proclamation and any related available data/information creating or evidencing the creation or existence of the municipality or city.
NAMRIA must schedule delineation/delimitation and provide a response copy to any adjacent or opposite municipality that may be affected.

Baseline methods for delineation

Where the coastline is not deeply indented/cut into and there are no outlying or fringing islands, reefs, or rocks, normal baseline is the low water line, and outer limits must be determined by a line parallel to the normal baseline fifteen (15) kilometers therefrom.
Where the coastline is deeply indented and/or there are outlying or fringing reefs or rocks, outermost points may be connected by straight baselines if the length of such baselines does not exceed thirty (30) kilometers.
In straight baseline cases, reefs, rocks, cays, shoals, sandbars, and any other features submerged during high tide must not be used as basepoints, and they must not have their own coastlines.
In straight baseline cases, outer limits are determined by a line parallel to the straight baselines fifteen (15) kilometers therefrom.
NAMRIA may use a combination of normal and straight baselines depending on circumstances and interest of simplicity.

Delimitation rules between municipalities

For adjacent municipalities where the general coastline is not curved or irregular at the common coastal terminal point, the lateral boundary is a line perpendicular to the general coastline at that terminal point.
For adjacent municipalities where the coastline at the point where the land boundary touches the sea is curved or irregular and a perpendicular line is impossible, the lateral boundary is determined by either:
- Simplified bisection:
  - determine coastline direction on both sides of the common coastal terminal point,
  - draw on each side a short baseline whose length is limited to the point where the direction changes significantly or veers to another quadrant,
  - draw perpendiculars to the coastlines on both sides passing through the common terminal point,
  - bisect the angle formed by the two perpendiculars; the bisector is the lateral boundary and extends fifteen (15) kilometers if coastlines beyond the short baseline no longer affect equidistance, otherwise it extends only up to a point where the equidistance line method already applies;
- Equidistance line:
  - determine the lateral boundary by a line equidistant from the coastlines of the adjacent municipalities based on baselines under the delineation rules.
For opposite municipalities less than thirty (30) kilometers apart, municipal water boundaries are determined by the median or equidistance line between the general coastlines based on the baselines used for delineation.
For three or more adjacent and opposite municipalities with overlapping municipal waters, lateral and offshore boundaries are determined by the equidistance line method, with lateral boundaries usually ending at a point common to three or more municipalities at the offshore boundary.

Finalization requirements and technical elements

The technical description of municipal waters becomes final only after boundaries are approved by the city or municipality through a final and executory ordinance embodying the same.
Each boundary corner common to two adjacent or opposite municipalities must have exactly the same geographic position.
Where practicable, the seven (7) fathom depth curve within municipal waters must be clearly indicated on charts provided by NAMRIA.
Where a marine reserve, sanctuary, or other special area under the exclusive jurisdiction of an entity other than the municipality overlaps with municipal waters, NAMRIA must obtain clearance from that entity prior to inclusion of boundaries overlapping so as to effectively exclude the overlapping portion from the computation of municipal waters.
Protected seascape or marine reserve areas must be managed by local governments according to the mandate and responsibilities under the NIPAS Law.
Nothing prevents the National Government from declaring any portion of municipal waters as Protected Areas or Marine Reserves.

Public hearing, consultations, and disputes

NAMRIA must submit to the requesting city/municipality a preliminary delineation and delimitation (including technical description) on maps/charts of appropriate scale, following the technical guidelines.
The requesting city/municipality must cause publication of the map/chart showing delineation and/or delimitation through:
- posting in prominent places in the city/municipality,
- dissemination of copies to all component barangays, and
- furnishing copies through regular channels to cities/municipalities affected.
The requesting city/municipality must conduct a public hearing and consultation to receive comments, inputs, suggestions, reactions, or objections, with NAMRIA present to document and consider such matters.
Adjacent or opposite municipalities may jointly hold public hearings for convenience and practicality.
Objections to preliminary delineation/delimitation must be made in writing as a Resolution of the Sangguniang Bayan or Panglungsod or an official letter from the responsible officer/person and must be presented in the public hearing.
Disputes are resolved in the same manner provided in the Local Government Code and other applicable laws.

Amicable settlement and escalation mechanisms

Municipalities must be able to negotiate or mutually agree on common municipal water boundaries prior to certification to final boundaries, provided there is substantial compliance with the law’s provisions.
Negotiated boundaries must be submitted to NAMRIA for verification, and NAMRIA may provide technical assistance and advice during negotiations.
NAMRIA must certify negotiated boundaries prior to final submission for enactment as an ordinance, and certification must not be denied under normal circumstances.
If differences remain irreconcilable and are based on proper application of technical rules/guidelines, municipalities must jointly submit the issue to the Sanggunian Panlalawigan (SP) for decision under plenary review powers under Section 118 of RA 7160 (Local Government Code of 1991).
NAMRIA must provide technical support to the SP, and the SP must decide within the time frame mandated under Section 118 of the Local Government Code.
If a dispute is pending before another forum on substantial issues beyond technical-rule application (e.g., a pending regular court case), NAMRIA may delineate and determine temporary municipal water boundaries between contesting municipalities without considering contested features if affected municipalities agree; temporary delimitation remains subject to the dispute outcome determined by the forum.

Revision, enactment, repository, and costs

NAMRIA must revise delineation/delimitation after considering public hearing inputs or dispute settlement outcomes and must provide an official copy of revised maps/charts/technical descriptions to the requesting city/municipality within thirty (30) days from the date of the last public hearing or last meeting under the public hearing/consultation procedures.
Revised maps/charts/technical descriptions must be certified by the NAMRIA Administrator as comprising the final and definitive delineation/delimitation.
The requesting city/municipality must enact an ordinance setting the extent of municipal waters by incorporating the maps/charts/technical descriptions prepared and verified by NAMRIA as an integral part of the ordinance.
No amendments may be made to the maps, charts, or technical descriptions prepared and approved by NAMRIA when enacting the ordinance.
After the ordinance becomes final and executory, the original copy must be submitted to NAMRIA, and official copies must be provided to:
- adjacent or opposite municipalities affected,
- BFAR,
- the Regional Office of PNP-MARIG,
- any special agency having jurisdiction over coastal waters that may be excluded from municipal waters,
- any affected party or sector the city or municipality deems fit to notify,
- the DENR field office.
NAMRIA must serve as the repository of all technical descriptions and corresponding maps/charts of all municipal waters and must provide an official copy to the municipality concerned.
Applicable fees and costs are charged and determined by NAMRIA.

Repeal, separability, and governing effect

All administrative orders, rules, and regulations inconsistent with or contrary to the guideline are repealed or modified accordingly.
If any portion or provision is declared unconstitutional or invalid, other unaffected portions remain in full force and effect.