PCSD RESOLUTION NO. 14-508
“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 FURTHERAMENDING PCSD ADMINISTRATIVE ORDER NO. 05”
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 7 of the same provides that the SEP shall establish, as its main strategy, a graded system of protection and development control over the whole of Palawan, including its tribal lands, forests, mines, agricultural areas, settlement areas, small islands, mangroves, coral reefs, seagrass beds and the surrounding sea, known as the Environmentally Critical Areas Network (ECAN), and which shall ensure the following: forest conservation and protection; protection of watersheds; preservation of biological diversity; protection of tribal people and the preservation of their culture; maintenance of maximum sustainable yield; protection of the rare and endangered species and their habitat; provision of areas for environmental and ecological research, education and training; and provision of areas for tourist and recreation;
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, Section 98 of R.A. 8550, the Philippine Fisheries Code, provides that it shall be unlawful for any person to catch, gather, capture or possess mature milkfish or “sabalo” and such other breeders or spawners of other fishery species;
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, this Council promulgated Administrative Order No. 12, which provides for the detailed guidelines in the implementation of Republic Act No. 9147;
WHEREAS, this Council and the Provincial Government of Palawan (PGP) have recognized the alarming, complex issues and concerns surrounding and threatening the sustainability of the reef-fish-for-food (RFF) industry, the province’s marine environment and natural resources, and the livelihoods of people dependent on the trade and resource;
WHEREAS, to address these issues and concerns and to save the industry from imminent collapse, the Provincial Governor and Chairman of this Council has created a Technical Working Group (TWG) and Resource Persons Pool (RPP) who shall focus on formulating and recommending holistic, integrative, strategic, science-based, realistic and doable regulatory and program framework anchored on sustainable development, social justice and good governance principles;
WHEREAS, after three major meetings with industry stakeholders, three ad hoc Committee deliberations, and thorough review of existing literature and scientific studies concerning all matters related to the industry, the TWG and RPP have come up with a proposed Revised PCSD Administrative Order, Provincial Ordinance and Program of Action, supported by policy papers;
WHEREAS, this Council believes that the proposed revised regulatory and program framework are the best win-win solutions that can address the complex issues surrounding the industry, amenable to stakeholders, supported by scientific studies, and in harmony to existing laws and jurisprudence;
WHEREAS, the TWG and RPP strongly recommend the concerned authorities, including this Council, to strongly consider, approve and implement these proposed revised regulatory and program framework to save, protect and conserve the degrading marine resources, ensure their sound utilization and management, and consequently, save the industry and its stakeholders from collapse and displacement;
WHEREAS, the revised guidelines has been presented to the Executive Committee and exhaustively discussed in its meeting on September 25, 2014, and thereafter the same was recommended for adoption by the Council;
WHEREFORE,for and in consideration of the above premises, upon motion duly seconded, be it RESOLVED, as it is hereby resolved, TO APPROVE, as it is hereby approved, the REVISED GUIDELINES FOR THE REGULATION AND MONITORING OF CATCHING, CULTURE, TRADE, TRANSPORT AND EXPORT OF REEF-FISH-FOR-FOOD IN PALAWAN, further amending PCSD Administrative Order No. 5, copy of which is hereto attached as integral part of this resolution;
RESOLVEDFINALLY, that copy of this resolution be publishedin a newspaper of general circulation in Palawanand likewise be deposited at the Office of National Administrative Register at the UP Law Center, Diliman, Quezon City.
RESOLVED AND ADOPTED this 28th day of October 2014, Diliman, Quezon City.
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I hereby certify that the above-quoted resolution has been duly adopted by the PCSD on the 28th day of October 2014 in Quezon City.
NELSON P. DEVANADERA
JOSE CH. ALVAREZ
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