Collectively protecting our bay

IPIL, Zamboanga Sibugay---As I write this, two significant events are in the offing. One, the review of the Unified Fishery Ordinance of Zamboanga Sibugay by the Sangguniang Panlalawigan and its subsequent adoption by the 13 coastal towns through its respective local councils, which is expected to be done before the year ends. And the other is the scheduled Cruising Sibugay: 2nd Coastal Resource Management Summit of the province which will run December 4-7, 2007.
The former is a result of a collective effort by the 13 local governments of Sibugay through the intervention of Philippine Environment Governance 2 Project (EcoGov 2). These 13 municipalities took the task of attempting to unify their efforts for the exercise of their rights and obligations, and declare their mutual respect to ensure a unified, integrated, judicious and wise utilization, protection, conservation and management of coastal and fishery resources.
While the latter provides a forum for greater cohesion between and among the 13 local governments along the coastal area of the province. The summit hopes to crystallize the need for collective efforts from the different stakeholders to pool and share resources in order to effectively protect the marine and fishery resources in Sibugay Bay and Dumanquillas Bay.
From the outset, it is tempting to believe that to protect a common marine and fishery resources that is shared by 13 towns is as easy as formulating and adopting a unified fishery ordinance. One municipal agriculturist was even confident that the days of the commercial fishing operators and illegal fishers of the province are over once the unified fishery ordinance will be enforced next year. There is widespread optimism, at least at the level of the people working or the government, on the effective management, utilization, and conservation of the provincial marine and aquatic resources by adopting the unified ordinance.
This optimism is not at all unfounded. The government agencies and law enforcers have all the reasons there is to believe that the unified fishery ordinance will finally solve the menace posed by illegal fishing and commercial fishing operators.
In an effort to unify the efforts of all local governments in the area, two national laws were used as venues for their coordination in coming up with this unified ordinance, namely: the Philippine Fisheries Code of 1998 (RA 8550) and the Local Government Code of 1991 (RA 7160).
RA 8550 allows the administration of the contiguous fishery resources in an integrated manner, which shall not be based on political subdivisions of municipal waters to facilitate a more efficient and effective management as a single resource systems. On the other hand, the LGC expressly provides that the legislative authority of the LGUs is restricted to their respective territorial jurisdictions.
Apparently, there is a conflict between RA 8550 and the LGC with respect to the authority and jurisdiction of LGUs to control contiguous fishery resources. The former provides for an integrated administration without reference to political subdivisions. While the latter provides for the extent of authority and territorial jurisdiction of each political subdivision.
This apparent conflict between the two laws was overcome with the concept of formulating a one-fits-all ordinance. Meaning, an ordinance that is the same both in form and substance will be separately adopted by the 13 local councils. In effect, according to some members of the Technical Working Group that drafted the unified ordinance, a unified implementation and enforcement will take place as the 13 local government units will implement the same ordinance.
According to a lawyer friend, the indubitable constitutionality and validity of the unified ordinance is beyond question. The intention is even more genuine.
However, experiences from other bay areas which have unified fishery ordinances tell us otherwise. Even at the start, the socio-political environment is heavily favoring the commercial fishing operators and other illegal fishers. It is highly doubtful if the mayors in the affected areas have the political will to go after the big fishing operators who happen to be their political backers and allies. Some of the politicians themselves are into big scale fishing whose fishing methods are not completely environment friendly.
The situation is not, however, totally hopeless. And this requires effort that goes beyond paper works and rhetoric. If we have to truly protect the provincial marine and aquatic resources, we need to go beyond enacting a unified fishery ordinance and conducting summits that are no more than just a talkshop. Maybe, we should start seeing the mayors themselves to sit and participate in the conduct of summit instead of just sending department heads and some employees occupying middle-level positions.
Protecting the province's 766 kilometers of coastline and waters that teem with marine resources, requires the involvement and participation of the people in the communities. And this will only happen if we can create an institutional mechanism e.g. a bay-wide alliance that will police its ranks and enforce the unified fishery code without fear or favor. Through which, it can become a venue for people’s participation in the implementation, enforcement, and monitoring.
Equally important is the strengthening of the different people’s organizations at the community level to serve both as an empowering platform and mobilizing popular support. Right now, the presence of viable people’s organizations in the area to become effective partners in the fight against illegal fishing is wanting. Nevertheless, the recent efforts undertaken by the 13 coastal local government units under the watch of EcoGov is a significant step towards collectively protecting the provincial bay that nurtures the life of the province. We are just hoping that everything will not only end up in the paper.