Republic of the Philippines
PALAWAN COUNCIL FOR SUSTAINABLE DEVELOPMENT
Puerto Princesa City, Palawan
PCSD RESOLUTION NO. 94-48
RESOLUTION REITERATING THE OPPOSITION OF THE PALAWAN COUNCIL FOR SUSTAINABLE DEVELOPMENT TO THE OPERATION OF THE “PA-LING” FISHING METHOD IN PALAWAN.
WHEREAS, R.A 7611, otherwise known as the Strategic Environmental Plan (SEP) for Palawan, took effect on June 19, 1992 and Sections 4 and 6 of said Act provide that the SEP for Palawan shall serve as the comprehensive framework to guide the local government of the Palawan and the Government agencies concerned in the formulation and implementation of plans, programs and projects affecting the Province including its environment and natural resources;
WHEREAS, the same Act states in Section 5 that the SEP for Palawan shall have, as its general philosophy, the sustainable development of the Province;
WHEREAS, Section 16 of the same Act provides that the “governance, implementation and policy direction of the SEP shall be exercised by the Palawan Council For Sustainable Development (PCSD)’.
WHEREAS, the Council after consultation among concerned sectors in the Province and after due deliberation in the consideration of a proposed Fisheries Administration Order regulating the operation of ‘pa-aling’ in Philippine waters, which in fact have Palawan waters and vicinity as the area of operation, presented on 09 July the Bureau of Fisheries and Aquatic Resources (BFAR) of the Department of Agriculture (DA) for concurrence by the PCSD, resolved during the its 20th Council Meeting held last 26 November 1993 through PCSD Resolution No.93-39 to oppose the operation of “pa-aling” fishing gear in Palawan;
WHEREAS, on 14 December 1993, the Sangguniang Panlalawigan of Palawan promulgated Ordinance Ordinance No. 50 series of 1993, An Ordinance Prohibiting the Use of “Pa-aling ” Fishing method Within the Territorial Jurisdiction of Palawan Province” to include municipal waters as defined in Section 131, Subsection 12 of RA 7160 otherwise known as the Local Government Code and all the waters beyond the municipal waters which are embraced within an imaginary line drawn connecting all the outermost points of the Province of Palawan as shown in the Territorial Plan of the map of Palawan;
WHEREAS, it has come to the knowledge of the Council that despite opposition of the PCSD and the Ordinance so promulgated by the Sangguniang Panlalawigan of Palawan, DA Secretary Roberto S. Sebastian, upon recommendation by BFAR Director Guillermo L. Morales, issued on 24 February 1994 Fisheries Administrative Order No. 190 series of 1994, the regulations governing “pa-ling” fishing operation in Philippine waters;
WHEREAS, Section 2 of said FAO defined the water jurisdiction of PCSD when in fact R.A. 7611 which adopted the SEP for Palawan has never stipulated the territorial jurisdiction of PCSD rather, Section 7 of the said Act in its definition of the Environmentally Critical Areas Network (ECAN), as the main strategy fo SEP, the Network shall cover the whole of Palawan including its tribal lands, forest, mines, agricultural areas, settlement areas, small islands, mangrove, coral reefs seagrass beds and the surrounding sea;
WHEREAS, the said FAO is deemed by the Council as a direct violation to the spirit of R.A. 7611 to which the PCSD is entrusted to implement; NOW THEREFORE, on unanimous motion of all the members of the Council present;
RESOLVED, as it hereby resolved, that the Council reiterate its opposition to the operation of the “pa-ling” fishing method in Palawan and vehemently object in the strongest possible terms the issuance of FAO No. 190 series of 1994 by the Department of Agriculture;
RESOLVED FURTHER, that the Council direct as it hereby directs, the Provincial Governor of Palawan and at the same time the Chairman of the Council and all the law enforcement agencies in the province to enforce the policy directives of the Council relative to the protection of the Province’s coastal/marine resources, Ordinance No. 50 series of 1993 of the Sangguniang Panlalawigan and other related ruled and regulations, to the extent possible as provided for by laws;
RESOLVED FINALLY, that a copy of this resolution be furnished to the Secretary of DA, the director of BFAR, other concerned agencies and instrumentalities, and to the general public for their information and appropriated action;
APPROVED AND ADOPTED this 25th day or March, 1994 in Puerto Princesa City.
|Certified True and Correct:
ARTHUR R. VENTURA
GOV.SALVADOR P. SOCRATES