PCSD RESOLUTION NO. 17-607

SUSPENDING FOR A PERIOD OF ONE YEAR THE IMPLEMENTATION OF THE SEASONAL CONTROL PROVIDED UNDER SECTION 9OF PCSD ADMINISTRATIVE ORDER NO. 05, AS AMENDED, OTHERWISE KNOWN AS THE GUIDELINES FOR THE REGULATIONAND MONITORING OF CATCHING, CULTURE, TRADE, TRANSPORT AND EXPORT OF REEF-FISH-FOR-FOOD IN PALAWAN

WHEREAS, R.A. 7611, otherwise known as the Strategic Environmental Plan (SEP) for Palawan, took effect on 19 June 1992, Section 6 of which provides that the SEP shall serve as the framework to guide the government agencies concerned in the formulation of plans, programs and projects affecting the environment and natural resources of Palawan;

 

 

WHEREAS, Section 2 thereof declares the policy of the State to protect, develop and conserve its natural resources, towards which it shall assist and support the implementation of plans, programs and projects formulated to preserve and enhance the environment, and at the same time pursue the socioeconomic development goals of the country; that it shall support and promote the sustainable development goals for the provinces through proper conservation, utilization and development of natural resources to provide optimum yields on a continuing basis;

 

WHEREAS, this same law provides that the SEP shall have, as its general philosophy, the sustainable development of Palawan, which is the improvement in the quality of life of its people in the present and future generations through the use of complementary activities of development and conservation that protect life-support ecosystems and rehabilitate exploited areas to allow upcoming generations to sustain development growth;

 

WHEREAS, Section 16 thereof provides that the governance, implementation and policy direction of the SEP shall be exercised by the Palawan Council for Sustainable Development (PCSD);

 

WHEREAS, on July 3, 2001, Republic Act No. 9147, otherwise known as the Wildlife Resources Conservation and Protection Act, was passed into law to carry out the declared policy of the State to “conserve the country’s wildlife resources and their habitats for sustainability”;

 

WHEREAS, Section 4 of the same law provides that the Council shall be the lead implementing agency in the Province of Palawan pursuant to Republic Act No. 7611 or the Strategic Environmental Plan for Palawan;

 

WHEREAS, Section 18 of said law provides that for non-threatened economically important species collection shall only be allowed when the results of the population assessment show that despite certain extent of collection the population of such species can still remain viable and capable of recovering its numbers;

 

WHEREAS, on October 28, 2014, PCSD Resolution No. 14-508, entitled “Approving the Revised Guidelines for the Regulation and Monitoring of the Catching, Trading, Culturing, Transporting and Exporting of Reef-fish-for-Food in the Province of Palawan, further Amending PCSD Administrative Order No. 05” was passed;

 

WHEREAS, Section 9 of PCSD Administrative Order No. 05, series of 2014 providing for the Seasonal Control, indicates that the Closed Season is set during the periods June 16 to August 31 and October 16 to December 15;

 

WHEREAS, on June 16, 2017, during the 234th PCSD Executive Committee Meeting, Section 9 of said Administrative Order was amended under PCSD Resolution No. 17-587 entitled: “Amending the Provisions of Sections 9 and 16.2 of PCSD Administrative Order No. 05, series of 2014, on Seasonal Control, Size Restriction and Caging and Providing Other Measures to Ensure the Sustainability of Reef-Fish-for-Food Industry. Section 9 thereof was amended to read as follows:

 

Section 9(a). Applicability of Open and Closed Season.  The effectivity and application of all permits issued hereunder shall be subject to the rules on Open and Closed Season that may be imposed or implemented by the Provincial/Municipal and City Government.  Any violation of said rules shall be considered a violation of this Order and shall be subject to the penal sanctions hereunder.

 

Provided, however, that in addition to the open and closed season that may be imposed by the provincial/municipal/city government, the following seasonal control shall be imposed for purposes of this Order:

 

OPEN SEASON:       

  • APRIL 1 TO OCTOBER 31, except every 2 days before new moon, 2 days after new moon and 1 day during new moon of each month

           

CLOSED SEASON:   

  • NOVEMBER 1 TO MARCH 31 (November: 30 days; December: 31 days; January: 31 days; February: 28/29 days; March 31 days. A total of 151/152 days)
  • every 2 days before new moon, 2 days after new moon and 1 day during new moon of each month from April to October (a total of 35 days)
  • totaling to 186 or 187 days every year

 

WHEREAS, on November 13, 2017, during the 238th PCSD Executive Committee Meeting, the municipalities of Rizal, San Vicente and Quezon sent their respective Municipal Resolutions asking for the suspension of the implementation of the seasonal control provided under PCSD Administrative Order No. 05, as amended;

 

WHEREAS, in today’s meeting, recognizing the need to conduct a more in-depth socio-economic study on the implementation of the seasonal control of RFF in the province of Palawan, the Council opted to suspend the implementation of the seasonal control for a period of one year;

 

WHEREFORE, foregoing premises considered, the Council resolves to suspend as it is hereby suspended for a period of one year the implementation of the seasonal control provided under Section 9 of PCSD Administrative Order No 5, as amended, otherwise known as the Guidelines for the Regulation and Monitoring of Catching, Culture, Trade, Transport and Export of Reef-Fish-For-Food in Palawan;

 

RESOLVED FURTHER, that during the one-year suspension, a socio-economic study on the implementation of the seasonal control shall be conducted by the PCSDS;

 

RESOLVED FURTHERMORE, that the concerned Local Government Units shall make available funds at its respective executive budget and implement the following:

  • declare 30% of its municipal waters as sanctuary,
  • rehabilitate damaged coral reef areas,
  • provide livelihood opportunities to stakeholders, and
  • strengthen law enforcement;

 

RESOLVED FINALLY, that copies of this resolution be furnished to all Local Government Units (LGUs) and other concerned agencies and parties for information and guidance;

 

RESOLVED FINALLY, that copy of this resolution be published in a newspaper of general circulation in the province of Palawan and likewise be deposited at the Office of National Administrative Register at the UP Law Center, Diliman, Quezon City.

 

RESOLVED AND ADOPTED this 15th day of December 2017 in Puerto Princesa City, Philippines.

 

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I hereby certify that the above-quoted resolution has been duly adopted by the PCSD on the 15th day of December 2017 in Puerto Princesa City, Palawan.

 

NELSON P. DEVANADERA

                                                                                        Secretary

 

ATTESTED BY:

VICTORINO DENNIS M. SOCRATES
Presiding Officer, Vice-Chair

 

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