Republic of the Philippines
PALAWAN COUNCIL FOR SUSTAINABLE DEVELOPMENT
(R.A. 7611)
Puerto Princesa City, Palawan

PCSD RESOLUTION NO. 99-144

” A RESOLUTION AMENDING SECTION 16 OF PCSD RESOLUTION NO. 94-44 AND ADOPTING THE IMPLEMENTING GUIDELINES IN THE OPERATIONALIZATION OF ENVIRONMENTALLY CRITICAL AREAS NETWORK (ECAN) FOR COASTAL/MARINE COMPONENT”

WHEREAS, Republic Act No. 7611 was approved on June 19, 1992 adopting the Strategic Environmental Plan (SEP) for Palawan, a comprehensive framework for the sustainable development of Palawan compatible with protecting the natural resources and endangered environment of the province;

WHEREAS, Section 7 of Republic Act No. 7611 provides for the establishment of a graded system of protection and development control over the whole province, known as the Environmentally Critical Areas Network (ECAN) which shall serve as the main strategy of the SEP;

WHEREAS, Section 16 of Republic Act No. 7611 provides that the governance implementation and policy direction of the SEP shall be exercised by the Palawan Council for Sustainable Development (PCSD), under the Office of the President;

WHEREAS, Section 19 (8) empowers the PCSD to “adopt, amend and rescind such rules and regulations and impose penalties therefor for the effective implementation of the SEP”;

WHEREAS, during the 23rd PCSD regular meeting on 18 February 1993 in Puerto Princesa City, the PCSD passed Resolution No. 94-44 adopting the guidelines in the implementation of ECAN, Section 16 thereof provides for the “Criteria in Zoning the Coastal/Marine Component’;

WHEREAS, there is a need to formulate the detailed guidelines in the implementation of ECAN for Coastal/Marine Zone;

WHEREFORE, upon the motion of Vice Chairman Vicente Sandoval, duly seconded by Governor Salvador P. Socrates, be it:

RESOLVED, as it is hereby RESOLVED, to ADOPT, as it is hereby ADOPTED the “IMPLEMENTING GUIDELINES IN THE OPERATIONALIZATION OF THE ENVIRONMENTALLY CRITICAL AREAS NETWORK (ECAN) FOR COASTAL/MARINE COMPONENT”,amending Section 16 of PCSD Resolution No. 94-44, to read as follows:

 

Chapter I

 

Basic Concept, Policy and Objectives

Section 1. Basic Concept. The management of the whole Palawan Coastal and Marine areas will consider Palawan as one protected area composed of sub-protected areas with different levels of management options. The underlying management philosophy in this area is to protect Palawan’s coastal and marine areas from deterioration, to provide equitable access to the resource and to assign responsibility in its management to the local government unit and the community. The operationalization of Palawan’s coastal/marine zone shall adopt the concept of Marine Parks and Reserves wherein specific forms of management are applied for specific zones. The uses of each zone, depending on its management strategy, ranges from limited entry and preservation to various sustainable development uses with emphasis on education, researches, recreation and livelihood.

Section 2. Policy. It is the policy of the Palawan Council for Sustainable Development (PCSD) to support and promote the sustainable development of Palawan through proper conservation, utilization and development of its natural resources to provide optimum yields on a continuing basis. Furthermore, it shall also promote and encourage the involvement of all sectors of society and maximize people participation in natural resource management, conservation and protection. PCSD also recognizes the significance of preserving and declaring certain areas free from human intervention to maintain ecological balance.

Section 3. Objectives. Pursuant to Republic Act 7611 and with reference to Section 11, Rule III of the amended Rules and Regulations Implementing the Strategic Environmental Plan (SEP) for Palawan Act., the Local Government Code of 1991, Executive Order No. 240 and other pertinent laws, these guidelines shall prescribe the processes, criteria, methodologies and institutional arrangements in implementing the ECAN particularly for coastal/marine areas of Palawan, to develop its coastal/marine resources and space in a sustainable manner and to mitigate conflicts between users.

Chapter II

 

Definition of Terms

Section 4. Definition of Terms. For purposes of these guidelines, the following definitions of terms are hereby adopted:

1. Ancestral/Coasta/Marine Waters. Coastal/Marine areas and the natural resources therein, which indigenous cultural communities/indigenous peoples (ICCs/IPs) have a recognized claim by present occupation or possession by themselves or by which they have traditionally access to through their ancestors, for their subsistence and traditional activities or areas used for their, economic, ceremonial and aesthetic values in accordance with their indigenous knowledge, beliefs, systems, practices culture and tradition.

2. CBMFMA. Refers to the “Community-Based Mangrove Forest Management Agreement”, an agreement forged between the government and traditionally mangrove-dependent communities to rehabilitate, develop, manage, protect and preserve mangrove resources, which is a new approach adopted by the government as a policy of building partnership between people and the government in the upkeep of the country’s natural resources.

3. CITES. Refers to the “Convention on the International Trade in Endangered Species of Wild Fauna and Flora” signed by contracting States at Washington D.C. on 3 March 1973 and amended at Bonn on 22 June 1979. This resulted to the regulation of the trade of endangered species particularly those threatened with extinction due to trade. It also publishes a list of endangered species under CITES regulation.

4. Coastal/Marine Areas. A band of dry land and adjacent ocean space (water and submerged land) in which the land ecology and land use affect ocean space ecology and vice versa. Functionally, it is a broad interface between land and water where production, consumption and exchange processes occur at high rates of intensity. Ecologically, it is an area of dynamic biochemical activity but with limited capacity for supporting various forms of human use. Geographically, the outermost bondary is defined as the extent to which land-based activities have measurable influence on the chemistry of the water or on the ecology or biota. Its geographic extent may include areas within a landmark limit of one kilometer from the shoreline at high tide to include mangrove swamps, brackish water ponds, nipa swamps, estuarine rivers, sandy beaches and other areas within a seaward limit of fifteen (15) kilometers from the lowest tide mark to include coral reefs, algal flats, seagrass beds and other soft-bottom areas. In small islands, its geographical extent include all areas not covered by the terrestrial zoning.

5. Coastal/Marine Core Zone. The coastal/marine zone which shall be free from any human activity and will include sanctuaries for rare and endangered species, selected coral reefs, seagrass beds, mangrove ecosystem reserves and protected small islands, islets and sandbars.

6. Comprehensive Local Management Plan for Coastal/Marine Areas. The plan that should be prepared by the LGU through the ECAN Board with the technical assistance of the PCSDS that will serve as the operating document for the management and protection of the coastal/marine area of a specific locality.

7. DA. Refers to the “Department of Agriculture”, a national government agency tasked to implement agricultural laws and policies and supervise agricultural projects and programs.

8. DENR. Refers to the “Department of Environment and Natural Resources”, the national government agency responsible for the protection, conservation, management development and proper use of the country’s environment and natural resources.

9. ECAN Board. A local multisectoral body created as an advisory body to the local government unit, purposely to assist in: developing plans and programs to implement ECAN at the municipal level; the protection and management of the environment in the local areas; the sustainable utilization of natural resources; ensuring compatibility of development projects with ECAN zones and local environmental conditions through project screening and monitoring; facilitating the flow of activities, documents and decision-making processes related to the efficient and effective implementation of ECAN.

10. Environmentally Critical Areas Network (ECAN). A graded system of protection and development control over the whole of Palawan as provided in Sec. 7, R.A. 7611.

11. Estuarine. The part of the wide lower course of the river where its current is met and influenced by the tides.

12. FARMC. Refers to the “Fisheries and Aquatic Resources Management Council”, a council established in all municipalities/cities abutting municipal waters formed by fisherfolks, organizations/cooperatives and NGOs in the locality and assisted by the LGUs and other government entities. This Council assists in the preparation of Municipal Fishery Management and Development Plan and recommend the enactment of fishery ordinances.

13. Foreshore Area. That part of the shore which is alternatively covered and uncovered by the ebb and flow of the tide. Its limit is the highest water mark landward and the lowest water mark seaward.

14. ISF. Refers to the “Integrated Social Forestry Program of the government launched in 1982 under LOI 1260 which aimed at legitimizing the occupancy of forest dwellers while protecting the ecological integrity of these areas through the issuance of the Certificate of Stewardship Contract.

15. IUCN. Refers to the International Union for Conservation of Nature and Natural Resources, an organization based in Europe for world conservation strategy that published the IUCN Red Data Book containing the list of endangered species.

16. MSA. Refers to “Mangrove Stewardship Agreement” which pertains to the contract entered into by and between an individual mangrove user or mangrove user association or cooperative and the government which grants the former the right to the use of a specified mangrove area in return for managing that area according to a stewardship plan.

17. Non-government Organization (NGO). A private, non-profit voluntary organization that has been organized primarily for the delivery of various services to the communities and has an established track record for effectiveness and acceptability in the community where it is serving.

18. Optimum Yield. That maximum yield of a population or a natural resource which gives the utmost benefit without surpassing the carrying capacity of its support systems.

19. PCSD. Refers to the “Palawan Council for Sustainable Development”, the administrative body responsible for the governance, implementation and policy direction of the SEP as provided in Sec. 16, Ch. V, R.A. 7611.

20. PCSDS. Refers to the PCSD Staff, the regular professional support staff of PCSD as provided in Sec. 20, Ch. V of R.A. 7611.

21. Peoples Organization (PO). A bonafide association of citizens with demonstrated capacity to promote the public interest and with identifiable leadership, membership and structure. Its members belong to a sector/s who voluntarily band themselves together to work for and by themselves for their own upliftment, development and greater good.

22. Preliminary Assessment. Assessment of the coastal/marine areas using data sourced from maps, information from the community and the LGU and reconnaissance surveys conducted.

23. Preliminary Mapping. Mapping of the identified coastal/marine zones based on the result of the preliminary assessment.

24. Private Rights. A right or claim of a private individual or entity over an area supported by legal instruments which establishes he/its powers and possessions over such area prior to the approval of these guidelines.

25. Public Easement/Salvage Zone. Part of the shores of the sea throughout their entire length and within a zone of three (3) meters in urban areas, twenty (20) meters in agricultural areas and forty (40) meters in forest areas, along their margins, which are subject to the easement of public use in the interest of recreation, navigation, floatage, fishing and salvage.

26. Stakeholder. Any entity whose interest may be affected by the operationalization of the management plan.

27. Sustainable Development. The improvement in the quality of life of the present and future generations through the complementation of development and environmental protection activities.

 

Chapter III

 

Scope of Application and Coverage of Coastal/Marine Areas

Section 5. Scope of Application. These guidelines shall apply in the implementation of ECAN for Coastal/Marine Areas provided for by Chapter III, Section 16 of the PCSD Res. No. 94-44 dated 18 February 1994. It shall serve to guide the local government units of Palawan, its residents and other concerned government and non-government entities in the formulation and implementation of plans, programs and projects affecting the coastal/marine areas of Palawan.

Section 6. Coverage of Coastal/Marine Areas. The coastal/marine areas, as describe in these guidelines, shall cover that band of dry land and adjacent ocean space (water and submerged land) in which the land ecology and land use affect ocean space ecology and vice versa. Functionally, it is a broad interface between land and water where production, consumption and exchange processes occur at high rates of intensity. Ecologically, it is an area of dynamic biochemical activity but with limited capacity for supporting various forms of human use. Geographically, the outermost boundary is defined as the extent to which land-based activities have measurable influence on the chemistry of the water or on the ecology or biota. Its geographic extent may include areas within a landmark limit of one kilometer from the shoreline at high tide to include mangrove swamps, brackish water ponds, nipa swamps, estuarine rivers, sandy beaches and other areas within a seaward limit of fifteen (15) kilometers from the lowest tide mark to include coral reefs, algal flats, seagrass beds and other soft-bottom areas.

Chapter IV

 

Identification and Delineation of Zones

Section 7. Coastal/Marine Zones. With reference to Section 11 of these guidelines, the coastal/marine areas of Palawan shall be classified into core zone, multiple use zone and ancestral coastal/marine waters. Where it is applicable, each zone shall be further sub-divided into different sub-zones depending upon the environmental condition of the zone and on its appropriate and sustainable use.

Section 8. Criteria for the Identification of the Zones.

1. Coastal/Marine Core Zones. The following constitute the coastal/marine core zones:

    a) Portion of contiguous or aggregation of small patch reefs with the best representative coral cover with highest fish diversity, identified by the PCSDS based on existing data and scientific studies.
    b) Coral reefs and small islands that provide a natural barrier from erosive forces.
    c) Seagrass beds serving as link habitat of the coral core zones and/or providing habitat to rare, threatened and endangered species.
    d) Coastal/marine habitat of endangered species declared by IUCN or CITES, DA or DENR or the PCSD.
    e) Primary growth mangrove areas which serve as protection against storm erosion, flood etc., and which might cause significant hazards; if developed primary and dense growth mangroves regardless of location, for maintenance of ecological balance, protection against riverbank erosions, wildlife sanctuaries and used for educational research purposes; primary growth mangroves around small islands for maintenance of ecological balance; and all areas with standing mangrove forest cover pursuant to Presidential Proclamation No. 2152 (Declaring the entire Province of Palawan and certain parcels of the Public Domain and/or parts of the country as Mangrove Swamp Forest Reserves), except areas allocated for MSA, CBMFMA and ISF. Moreover, pursuant to the provisions of P.D. 704 and P.D. 705, released areas for fishpond development which are abandoned or not utilized for five (5) years from the date of the release shall be treated under the ECAN zones as coastal/marine core zones.
    f) Upon the approval of these guidelines, uninhabited islands or undeveloped portions thereof not subject to private rights shall be classified as core zones except identified ancestral coastal/marine waters.
    g) Protected coastal/marine areas forming part of declared parks and sanctuaries such as: Tubbataha Reef National Marine Park, St. Paul Subterranean National Park, Ursula Island, Calauit Game Preserve and Bird Sanctuary, El Nido Marine Reserve, in accordance with the duly approved Comprehensive Local Management Plan for Coastal/Marine Resources.
    h) Areas identified as contributing to important ecological processes i.e., spawning, nursery areas, breeding/feeding grounds, nutrient source, etc.

2. Multiple Use Zones. The multiple use zones are other coastal/marine areas outside of the core areas where compatible resource uses may be carried out. The multiple use zone shall further be subdivided into two major sub-zones: the buffer zone and the general use zone.

a) Buffer Zone. Buffer zones are variable areas surrounding the core zone (as may be applied and necessary) where important species and processes necessary for sustaining adjacent core zones are to be maintained. The buffer zone serves as the transition between the strictly protected core zone and the general use zone.

b) General Use Zone. It is the development area of the coastal/marine zone where different compatible and sustainable development activities may be carried out. This is further sub-divided into the following areas:

    1. Communal Fishing Ground. Where fish and fishery exploitation by the local municipal residents are allowed and activities are monitored to ensure that a sustainable level of production is maintained.

 

    1. Tourism Development Area. Where structures may be constructed for tourism purposes subject to existing laws and regulations. Tourism projects must seek an Environmental Compliance Certificate prior to implementation. To link tourism in the ECAN coastal/marine zones with tourism development in the ECAN terrestrial zones, a review of tourism potential sites in each municipality must be undertaken in connection with the identification and delineation of coastal/marine areas as provided for in these guidelines.

 

    1. Visitor Use Area. Where appropriate recreation and general education activities are allowed subject to existing laws, rules and regulations.

 

    1. Sustainable Development Area. Where structures and activities which are not allowed in other areas may be allowed in this area in pursuit of the larger sustainable development objectives subject to Environmental Impact Assessment in accordance with the provision of P.D. 1586 and DAO 96-37. In this relation, existing pearl farms in Palawan must be reviewed for its expanse and tenure and on its impacts and resulting conflicts with the activities and livelihood of the communities in accordance with the provisions of these guidelines.

 

  1. Existing Use/Maintenance Area. Areas identified as contributing to important ecological processes (i.e., spawning, nursery areas breeding/feeding grounds, nutrient source, etc.) that otherwise, could have been classified as coastal core or buffer zones but during the approval of these guidelines, these areas had been released or occupied with existing uses to the communities through the provisions of the existing law or due to inappropriate management of local coastal and marine areas. These areas shall be maintained for their existing uses or a phase-out strategy for these areas, reverting these to its appropriate uses, shall be implemented. No further development, growth or expansion shall be allowed in these areas to encourage habitat enhancement or maintenance of the resource to increase production level.

Moreover, Communal Mangrove forests and mangrove swampland areas outside of the declared mangrove core zones which have present use for the communities, fishpond developers, etc., shall be classified under existing use area. Furthermore, areas opened/used without undergoing the normal legal processes shall be converted to communal mangrove areas and shall be treated here as existing use areas, subject to valid private rights. The development of such areas shall be subject to the provisions of DENR DAO 3 and 4, series of 1991 which the community shall apply, and subject to the provisions of existing use area provided in these guidelines.

3. Ancestral Coastal/Marine Waters. Coastal/marine areas traditionally occupied by Indigenous Cultural Communities (ICCs) identified in consultation with tribal communities concerned and the appropriate agencies of the government. These shall be treated in the same zonation system of environmental protection as the other coastal/marine zones considered in these guidelines except, for the stronger emphasis in cultural consideration pursuant to the provisions of the IPR Act of 1997. The concerned Indigenous Cultural Community (ICC) is duty bound to observe existing laws to preserve, restore and maintain a balanced ecology by protecting the natural resources within the ancestral coastal/marine waters pursuant to the provisions of Sec. 7 of the IPR Act of 1997.

Section 9. Public Easement/Salvage Zone. A salvage zone or public easement area (20 m. for agricultural areas; 40 m. for mangrove forest; 3 m. for urban areas) must be established in Tourism Development Areas, Sustainable Development Areas and Existing and/or Maintenance Use Areas. No persons shall be allowed to stay in the established salvage zone longer than what is necessary for recreation, navigation, floatage fishing or salvage, or build structures of any kind in accordance with the provisions Article 51 of P.D. 1067 and other pertinent laws and regulations.

Section 10. Information Dissemination and Community Consultation.Immediately upon affectivity of these guidelines, an information dissemination and community consultation campaign shall be undertaken. The PCSD Staff shall coordinate with the Local Government Units, Non-Government Organizations, other concerned government organizations and agencies and Peoples organizations about the information campaign that shall be undertaken regarding the conduct of ECAN zoning of the Coastal/marine areas in Palawan. The local communities shall be involved in all phases of the ECAN delineation up to its implementation and long term management. Empowerment of the communities shall be done through training’s, seminars and other community participation activities. The Local Government Unit is responsible for holding of community meetings and consultations.

After the areas had been delineated and approved, information dissemination campaign shall continue to be undertaken to inform the users and the populace of the existing ECAN boundaries and uses of each zone in each municipality or management unit.

Section 11. Identification of Zones. The LGU with the assistance of PCSD Staff shall organize or strengthen its existing ECAN Board or a similar body with memberships among others, from POs, NGOs, DA, DENR, FARMCs and other entities prior to the identification of the Coastal/marine areas zones.

With the ECAN Board (or similar body) organized, the PCSD Staff shall coordinate with the LGU and its ECAN Board or a similar body in identifying the initial coastal/marine zones. Preliminary assessment of the coastal/marine areas shall be undertaken by the LGU with the assistance of the PCSD Staff and other concerned entities. Funds must be appropriated for the delineation of the ECAN coastal/marine zones and must be included in the regular official budget of each municipality.

Section 12. Preliminary Mapping. Mapping of the identified initial coastal/marine zones shall be done by the LGU and its ECAN Board or a similar body, with the assistance of PCSD Staff and other appropriate agencies. Validation of the preliminary maps of 1:20,000 for the Barangays and 1:50,000 for the municipalities, using community consultation, GPS and validation surveys shall be spearheaded by the PCSD Staff with the assistance of the GLU and its ECAN Board or similar body, and other concerned agencies. Upon completion of the validation process, a preliminary ECAN Map for Coastal/Marine Zones shall be prepared by the LGUs with the assistance of its ECAN Board or a similar body, and the PCSD Staff.

Section 13. Conflict Resolutions. Should there be earlier claimants, conflict or opposition in certain areas, these shall be resolved by the LGU through the ECAN Board or similar body, through the process of consultation and/or negotiation. If unresolved such conflicts shall be elevated to PCSD for resolution.

Section 14. Declaration of the ECAN Map for Coastal/Marine Areas. Upon recommendation by the PCSD Staff, the LGU through its Sangguniang Bayan shall submit to the PCSD its preliminary ECAN Map for coastal/marine areas (with the technical descriptions and the allowable activities for each zone) for approval. Such map shall be guided by the provisions of Sections 7,8,9,10,11,12 and 13 of these guidelines. The same map shall be subject to progressive review and update by the PCSD Staff and the LGU through its ECAN Board or a similar body following acquisition of more information on the environmental condition of the coastal/marine areas. After PCSD approval of the ECAN Map for Coastal/Marine Zones, the LGU shall support the PCSD action through local ordinance/s for enforcement.

Section 15. Boundary Delineation. Upon approval of the ECAN Map for coastal/marine zones, field delineation which involves surveying and marking of visible boundaries shall take place. This shall be undertaken by the PCSD Staff and funded by the LGU in their respective areas of concern and in coordination and consultation with the DENR-CENRO, DA-BFAR, Provincial Government of Palawan and other organizations.

Chapter V

 

Activities Allowed in the Coastal Marine Zones

Section 16. Allowable Activities in the Coastal/Marine Core Zone. The coastal/marine core zone shall be fully and strictly protected and maintained free from human disruptions including general navigation, snorkeling, diving, hiking, etc., except for the following:

  1. Navigation purposes of the local fishing communities where there is no alternative routes.
  2. Emergency situations such as emergency navigational routes to save life and property.
  3. Researches previously authorized by PCSD.
  4. Habitat restoration, rehabilitation and enhancement activities.

Section 17. Activities Allowed in the Multiple Use Zone. The activities that may be allowed in the multiple use zone shall be governed/determined by resource distribution patterns, appropriate uses and management strategies and/or restrictions for each sub-zones subject to the review of the PCSD pursuant to the provisions of these guidelines. No permit regarding the herein mentioned activities shall be granted by the LGU without an ECC and the endorsement of PCSD. The following activities may be allowed in the specific sub-zones:

1. Buffer Zones

a) Restricted Recreation:

    1. Swimming/Snorkeling
    2. Non-motored boating (row boats, kayaks, canoes, wind surfing, etc.)
    3. Guided scuba diving
    4. Fishing using highly-selected gears, i.e., hook and line and gill net with specification to be determined by studies
    5. Research/regular monitoring previously authorized by PCSD
    6. Pre-approved visit or educational activities, i.e., educational tours given on well marked erosion prevention trails or guided boats
    7. Installation of information boards for environmental management, conservation and protection purposes.
    8. Resource enhancement activities such as habitat restoration and rehabilitation, i.e., mangrove reforestation

.

2. General Use Zone

a) Communal Fishing Grounds

  1. Non-destructive fishing activities
  2. Fry collection and shell gathering
  3. Navigational routes
  4. Fishery support facilities and infrastructure, i.e. docking area, etc.

b) Tourism Development Area

  1. Tourism infrastructure such as resorts
  2. Recreational activities
  3. Habitat structures, i.e., bird watching huts, etc .
  4. Small community projects supporting eco-tourism such as cottages, canoeing, kayaking, information and souvenir shops, pumpboats, etc.

c) Visitor Use Area

  1. Environmental education activities such as study tours.
  2. Recreational activities such as snorkeling, swimming, scuba diving, kayaks, canoeing, sailing, rock climbing, etc. Areas identified for these activities should be marked with buoys, safety measures and/or information.
  3. Sports fishing limited to local operators observing seasonal regulations and size of catch as well as the LGU regulations on sports fishing.
  4. Picnic ground and beach shed.

d) Sustainable Development Area. The sustainable development activities (i.e., pebbles picking, aquaculture/mariculture based on sustainable practices, salt making, wharf construction, reclamation, shipping, solid and liquid waste management projects, etc.) may be allowed in this area subject to the EIA System and to other laws rules and regulations regulating development projects.

Existing Use Area.

  1. Rehabilitation/habitat enhancement activities
  2. Existing use/activities in the area
  3. Researches previously approved by PCSD
  4. Communal mangrove forest activities

3. Ancestral Coastal/Marine Waters

  1. Cultural activities performed by Indigenous Cultural Communities (ICCs) according to their religious rites and heritage activities.
  2. Indigenous Cultural Communities (ICCs) activities related to their subsistence and tradition.

Chapter VI

Management of Coastal Areas

Section 18. Management by the Local Government Units (LGUs). The Municipal/City Government Units shall exercise general supervision and control over the management of their coastal/marine areas in accordance with their existing laws provided that areas which have been declared initial components of NIPAS such as the St., Paul’s Subterranean National Park, Ursula Island Game Refuge and Bird Sanctuary, Calauit Game Preserve and Wildlife Sanctuary and Tubbataha Reefs National Marine Park shall remain to be under the management of their respective boards. This however, does not preclude the PCSD from giving policy directions to the Municipal/City governments and the respective management boards in accordance with the former’s mandate under the SEP law. The Municipal governments shall be represented in the management board of the protected areas geographically under their jurisdiction.

Coastal/marine areas falling under any classification whose management is awarded to private person/s and/or organizations shall be properly marked with buoys provided by the grantees/awardees with the assistance of PCSDS. Billboards and/or signages regarding the areas management shall be posted thereupon by the grantees/awardees for public information.

Section 19. Preparation of the Comprehensive Local Management Plan for Coastal/Marine Areas/Zones. After the approval of the ECAN Map for Coastal/Marine areas by the PCSD, the LGU through its ECAN Board and with the assistance of the PCSDS, shall prepare a comprehensive local management plan for the coastal/marine area/zone taking into consideration the following issues:

  1. Stakeholders participation in the protection conservation, development, exploitation and restoration of natural resources in the area;
  2. Encroachment of commercial fishing vessels on municipal waters;
  3. Treatment of protected areas under the NIPAS;
  4. Inter-agency participation;
  5. Protection of coastal/marine areas and enforcement of fishery laws;
  6. Monitoring and evaluation schemes to include coastal pollution monitoring and control to understand water pollution of the area and to institute measures complementary to the PCSDS environmental quality regulation;
  7. Regulatory measures or permitting system;
  8. Application of resource rents or user charges;
  9. Management of funds from proceeds of license fees;
  10. Allowed activities for each zone;
  11. Development activities in small islands;
  12. Waste disposal and sewage;
  13. Provision of alternative livelihood projects;
  14. Protection of the access rights of the community to the natural resources; and
  15. Migration and settlement within the coastal areas;
  16. Appropriation of funds for the implementation of the plan and the management of the ECAN coastal/marine zones.

The Comprehensive Local Management Plan for Coastal/Marine Areas/Zone shall be reviewed and evaluated by the PCSDS to ensure its conformity with the SEP Law and other guidelines formulated by PCSD.

After final review and evaluation, the Comprehensive Local Management Plan for Coastal/Marine Areas/Zones shall be adopted by the Sangguniang Bayan through a municipal resolution and the Sangguniang Panlalawigan through a provincial resolution. Upon its adoption, the Comprehensive Local Management Plan for Coastal/Marine Resources, shall be submitted to PCSD for approval. Upon approval, concerned LGU shall enact an ordinance for the implementation of the Comprehensive Local Management Plan for Coastal/Marine Areas/Zones in their respective localities.

Chapter VII

Plan Implementation

Section 20. Implementation of the Comprehensive Local Management Plan for Coastal/Marine Resources. The Comprehensive Management Plan for Coastal/Marine Areas/Zones shall be implemented by the LGU through its ECAN Board. Adequate implementing mechanisms shall be provided by the concerned LGU such as support staff/organization, funds and legislative support (i.e., ordinance) to ensure successful implementation.

Section 21. Environmental Monitoring and Evaluation. The PCSDS shall lead the monitoring and assessment of the implementation of the Comprehensive Local Management Plan for Coastal/Marine Resources as part of its EMES operations pursuant to its mandate under the SEP Law.

Section 22. Environmental Research. Pursuant to the provisions of R.A. 7611, the PCSDS shall facilitate the conduct of environmental studies by which the ECAN Map for Coastal/marine Resources and the Comprehensive Local Management Plan for the coastal marine areas could be improved and successfully implemented.

Section 23. Environmental Education and Extension. The PCSDS in coordination with other agencies and organizations, shall undertake intensive environmental education and extension services to instill full understanding and cooperation among the populace in the implementation of the ECAN. Such shall be complemented by the information and education program by the LGU for their constituents.

Chapter VIII

Transitory Provisions

Section 24. Amendment. These guidelines may be amended wholly or in part by the PCSD through public hearing.

Section 25. Repealing Clause. These guidelines shall supersede all Rules and Regulations inconsistent herewith.

Section 26. Effectivity. These guidelines shall take effect immediately upon approval.

RESOLVED FURTHER, that copies of this resolution be furnished the Department of Environment and Natural Resources, the Department of Agriculture, the Bureau of Fisheries and Aquatic Resources, the local government units and other entities concerned;

APPROVED AND ADOPTED this 6th day of May 1999 in Coron, Palawan.

I certify to the correctness and accuracy of the foregoing resolution.

 

EXEC. DIR. JOSELITO C. ALISUAG
Secretary


APPROVED:
DEPUTY SPEAKER ALFREDO E. ABUEG,JR.
Chairman