ADOPTING CERTAIN PROVISIONS OF REPUBLIC ACT NO. 8550 AND ITS IMPLEMENTING RULES AND REGULATIONS AND APPROVING CLARIFICATORY GUIDELINES THEREOF

WHEREAS, Republic Act No. 8550, otherwise known as
the Philippine Fisheries Code of 1998, was enacted by the Tenth
Congress of the Republic of the Philippines on 25 February 1998,
“…Providing for the Development, Management and Conservation of the
Fisheries and Aquatic Resources, Integrating All Laws Pertinent Thereto
and For Other Purposes”;

WHEREAS, Article II of Chapter III of the said law
mandates the creation of Fisheries and Aquatic Resources Management
Councils (FARMCs) in the national level and in all municipalities/cities
abutting municipal waters with the assistance of the Local Government
Units (LGUs) and other government entities;

WHEREAS, Republic Act No. 8550 likewise directed
other government agencies such as the LLDA to extend technical
assistance to the FARMCs which shall include among others, the formation
and strengthening of fisherfolks organizations and the provision of
other services as may be deemed necessary;

WHEREAS , the Department of Agriculture under its
Administrative Order No. 3, Series of 1998, issued the Implementing
Rules and Regulations of the Philippine Fisheries Code of 1998,
including among others, Rule 69.1 thereof relating to the creation of
the Inter-Sectoral Committee to formulate the organizational guidelines
on the formation of FARMCs;

WHEREAS, the Department of Agriculture issued
Fisheries Administrative Order No. 196 on January 21, 2000 specifying
the Guidelines on the Creation and Implementation of Fisheries and
Aquatic Resources Management Councils which provides in Sec. 23 thereof
that Special Agencies, such as the LLDA, shall integrate the plans and
policies formulated by FARMCs into their agency/corporate policies and
plans of operation for implementation;

WHEREAS, on 21 October 1998, the Inter-Agency
Coordinating Council (IACC) for FARMC Operation in Laguna de Bay was
formed to serve as a coordinating and consultative body on the
implementation of the Philippine Fisheries Code of 1998 in Laguna de Bay
and collaborate towards a cohesive implementation of FARMC activities;

WHEREAS, the LLDA as the lead agency has initiated
various activities leading to the formation, effective operation and
integration of the Laguna de Bay Integrated Fisheries and Aquatic
Resources Management Council (LdBFARMC); and

WHEREAS , in the effective implementation in the
Laguna de Bay Region of Fisheries Administrative Order No. 196,
Guidelines on the Creation and Implementation of Fisheries and Aquatic
Resources Management Councils, there is a need to formally adopt said
provision and issue clarificatory guidelines to serve as basic frame of
reference for the IACC in the organization, operation and integration of
the FARMCs;

NOW, THEREFORE , foregoing premises considered, BE
IT RESOLVED, as it is hereby RESOLVED, to adopt Article II of Chapter
III of Republic Act No. 8550, otherwise known as the Philippine
Fisheries Code of 1998, FAO 196, Guidelines on the Creation and
Implementation of FARMCs and approve the following clarificatory
guidelines on the implementation of the said provision in the Laguna de
Bay Region:

ARTICLE I
TITLE, OBJECTIVES AND DEFINITION

Section 1.          Title. — These guidelines
shall be known and cited as “Adopting Certain Provisions of Republic Act
No. 8550 and its Implementing Rules and Regulations as provided in
Fisheries Administrative Order No. 196 and Approving Clarificatory
Guidelines Thereof.”

Section 2.          Objectives . — These Guidelines aim to achieve the following objectives:

1.         Develop a set of systems and procedures in the integration and operation of FARMCs in the Laguna de Bay Region;

2.         Re-identify responsibilities of agencies concerned in
the operation of FARMCs and strengthen networking and linkaging among
coordinating agencies;

3.         Institutionalize the operation of FARMCs in the Laguna de Bay Region.

Section 3.          Definition of Terms. — For
the purpose of these guidelines, whenever any of the following words,
terms, phrases or abbreviations are used herein or in any amendment or
supplementary thereto which may be issued hereafter, they shall have the
meaning ascribed in these guidelines:

1.         Agreement — the joint undertaking
stipulated in the Memorandum of Agreement signed by the members of the
Inter-Agency Coordinating Council on FARMC Implementation in the Laguna
de Bay Region.

2.         Authority or LLDA — the Laguna Lake Development Authority which is one of the “other government entities” referred to in R.A. No. 8550.

3.         Crater Lakes — the Seven Lakes of San Pablo City and Tadlak Lake in Los Baños, Laguna.

4.         DA-BFAR Region IV — Department of Agriculture-Bureau of Fisheries and Aquatic Resources Region IV (Southern Tagalog Region).

5.         FARMC — The Fisheries and Aquatic Resource Management Council.

6.         Fisherfolks — people directly or
personally and physically engaged in taking and/or culturing and
processing fishery and/or aquatic resources.

7.         Fisherfolk Cooperative — a duly
registered association of fisherfolk with a common bond of interest, who
have voluntarily joined together to achieve a lawful common social or
economic end, making equitable contribution to the capital requirements
and accepting a fair share of the risks and benefits of the undertakings
in accordance with universally accepted cooperative principles.

8.         Fisherfolks Organizations — an
organized and legitimate group, association, federation, alliance or
institution of fisherfolks which has at least fifteen (15) members, a
set of officers, constitutions and by-laws, an organizational structure
and a program of action.

9.         Fisheries — all activities relating
to the act or business of fishing, culturing, preserving, processing,
marketing, developing, conserving and managing aquatic resources and the
fishery areas, including the privilege to fish or take aquatic
resources thereof.

10.       Fishery Operator — one who owns and
provides the means including the land, labor, capital, fishing gear and
vessel but not personally engage in fishery.

11.       Fishworker — A person regularly or
not regularly employed in commercial fishing and related industries
whose income is either in wage, profit sharing or stratified sharing
basis, including those fish vendors, working in fish pens, fish cages,
fish corrals/traps and fishponds.

12.       Inter-Agency Coordinating Council — a
body composed of the Laguna Lake Development Authority, Commission on
Human Rights Region IV, Department of Agriculture-Bureau of Fisheries
and Aquatic Resources Region IV, Department of Interior and Local
Government Region IV, Department of Justice Region IV, Fisherfolk
organization and concerned Local Government Units in the Provinces of
Laguna, Rizal and National Capital Region which is tasked to ensure the
substantial implementation of the Fisheries Code of 1998 in the Laguna
de Bay Region.

13.       Laguna Lake or lake — the Laguna de Bay

14.       Laguna de Bay Region — comprises the
whole Provinces of Rizal and Laguna, the cities of San Pablo, Pasay,
Caloocan, Quezon, Manila, Marikina, Pasig, Muntinlupa, Antipolo and
Tagaytay, the towns of Tanauan, Sto. Tomas and Malvar in Batangas, the
towns of Silang and Carmona in Cavite, Lucban in Quezon and the towns of
Taguig and Pateros in Metro Manila;

15.       National Capital Region or NCR — the
cities and municipalities of Metro Manila that fall within the
jurisdictional boundary of Laguna de Bay Region namely, Muntinlupa,
Taguig, Pateros and Pasig.

16.       NGOs — legitimate Non-Governmental Organizations directly involved in fishery related activities within the Laguna de Bay Region.

17.       POs — legitimate people’s organizations directly involved in fishery related activities within the Laguna de Bay Region.

ARTICLE II

CREATION OF THE FISHERIES AQUATIC RESOURCES MANAGEMENT COUNCILS

Section 4.          Organization Guidelines. —
The FARMCs in the Laguna de Bay Region shall be formed by fisherfolks
organizations, cooperatives and Non-Government Organizations in the
locality and shall be assisted by the Local Government Units and the
LLDA. Before organizing the FARMCs, the LLDA, LGU, NGOs, fisherfolks and
other concerned POs shall undergo consultation and orientation on the
formation of FARMC.

Section 5.          Barangay Fishery Aquatic Resource Management Council (BFARMC
). — The BFARMC shall be organized in all lakeshore barangays in Laguna
de Bay Region. The BFARMCs shall serve in an advisory capacity to the
LGUs and the LLDA.

Section 6.          Integration of Municipality/City FARMCs.
— For each lakeshore town around Laguna de Bay, the BFARMCs shall
consolidate/federate into a Municipal/City FARMC. The latter shall then
integrate into a province-wide FARMC to form the Integrated Rizal FARMC,
Integrated Laguna FARMC and Integrated Metro Manila FARMC.
Consequently, the three province-wide FARMCs shall constitute the Laguna
de Bay Integrated FARMC (LdBIFARMC).

Section 7.          FARMCs for the Seven Crater Lakes of San Pablo City, Nagcarlan and Rizal, Laguna
. For the Seven Crater Lakes of San Pablo City, Nagcarlan and Rizal,
Laguna, the BFARMCs in each lake shall consolidate/federate to form the
Lakewide FARMC (LFARMC). The Lakewide FARMC shall then integrate to form
the Seven Lakes Integrated FARMC (SLIFARMC).

Section 8.          Composition of BFARMC and LFARMC. — The BFARMC and the LFARMC shall be composed of the following:

a)      Representative from the Barangay Development Council
b)      Chairperson — Committee on Agriculture and Fisheries
c)      Representative from the accredited Non-Government Organizations (NGO)
d)      Representative from the Private Sector
e)      Representative from the Municipal Agricultural Office
f)       At least eleven (11) barangay fisherfolk representatives
which include representatives from youth and women sectors.

Section 9.          Functions of BFARMC and LFARMC . — The BFARMC and LFARMC shall have the following functions:

1.      Assist in the preparation of the integrated fishery
development plan in coordination with the concerned Barangay Development
Council and Municipal FARMCs;

2.      Advise the concerned Sangguniang Barangay/Bayan/Lungsod in fishery matters through its Committee on Fisheries;

3.      Recommend for the enactment of the integrated fishery
ordinances to the concerned Sangguniang Barangay and Sangguniang
Pambayan/Panlungsod through their respective Committee on Fisheries and
the LLDA;

4.      Assist in the enforcement of fishery laws, rules and regulations in the particular lake where they operate;

5.      Perform such other functions which may be assigned by the concerned Sangguniang Barangay/Bayan/Lungsod and the LLDA.

Section 10.        Municipal/City Fishery Aquatic Resource Management Council (MFARMC/CFARMC
). — The MFARMC/CFARMC shall be created in each of the lakeshore
municipalities and cities and shall serve in advisory capacity to the
LGUs and the LLDA.

Section 11.        Composition of MFARMCs . — The MFARMCs shall be composed of the following:

a)    Municipal/City Planning and Development officer

b)    Chairperson, Committee on Fisheries and Agriculture of the Sangguniang Bayan/Lungsod

c)    Representative of the Municipal/City Development Council

d)    Representative of accredited Non-Government Organizations

e)    Representative from the Private Sector

f)     Representative from the Municipal/City Agricultural Office

g)    At least eleven fisherfolks representatives to be composed
of seven barangay fisherfolks representatives which include
representatives from youth and women sectors.

Section 12.        Functions of the MFARMC. — The MFARMC shall have the following functions:

1.   Assist in the preparation of the municipal fishery
development plan in coordination with the Municipal Development Council;

2.   Advise the Sangguniang Bayan/Lungsod on fishery matters through its Committee on Fisheries, if such has been organized;

3.   Recommend for the enactment of municipal fishery ordinances
to the Sangguniang Bayan/Lungsod through its Committee on Fisheries;

4.   Assist in the enforcement of fishery laws, rules and regulations in municipal waters; and

5.   Perform such other functions which may be assigned by the Sangguniang Bayan/Panlungsod.

Section 13.        Province-Wide Integrated Fisheries and
Aquatic Resource Management Councils (PIFARMCs) and Integrated Lakewide
FARMC (ILFARMC). — The PIFARMCs and ILFARMCs shall be created in the provinces of Laguna, Rizal and Metro Manila.

Section 14.        Composition of PIFARMC and ILFARMC . — The PIFARMC and ILFARMC shall be composed of the following:

Section 15.        Functions of the PIFARMC and ILFARMC . — The PIFARMC and ILFARMC shall have the following functions:

1.      Assist in the preparation of the integrated fishery
development plan in coordination with the concerned provincial
development councils;

2.      Recommend for the enactment of integrated fishery
ordinances to the concerned Sangguniang Panlalawigan through its
Committee on Fisheries, if such has been organized;

3.      Assist in the enforcement of fishery laws, rules and regulations in the lake and its watershed;

4.      Advise the concerned Sangguniang Panlalawigan on fishery
matters through its Committee on Fisheries, if such has been organized;

5.      Perform such other functions which may be assigned by the concerned Sangguniang Panlalawigan.

Section 16.        The Laguna de Bay Integrated FARMC.
— The Laguna de Bay Integrated FARMC hereinafter referred to as
LdBIFARMC shall be created as an advisory/recommendatory body to the
Inter-Agency Coordinating Council (IACC) and the Authority.

Section 17.        Composition . — The Laguna de Bay Integrated FARMC shall be composed of the following:

1.    Chairperson of the Committee on Agriculture and Fisheries of the Provinces of Rizal and Laguna;

2.    One Fisheries officer each from the provinces of Rizal, Laguna and National Capital Region;

3.    One representative each from the Provincial Government of Rizal and Laguna and Metro Manila;

4.    One representative from accredited Non-Government
Organizations (NGO) to be determined by the DA-BFAR Region IV and the
LLDA;

5.    One representative from Private Organizations to be determined by the DA-BFAR Region IV, LLDA and the LdBIFARMC;

6.    Five representatives each from the MFARMC of the Provinces of Laguna, Rizal and NCR.

Section 18.        Functions . — The LdBIFARMC shall have the following functions:

1.      Assist the Laguna Lake Development Authority in the
formulation of regional policies for the protection, sustainable
development and management of the fishery and aquatic resources of the
lake;

2.      Recommend to the Authority the enactment of integrated fishery ordinances in Laguna de Bay; and

3.      Perform such other functions that may be assigned by the Authority.

ARTICLE III
MEMBERSHIP, QUALIFICATION AND TERMS OF OFFICE

Section 19.        Membership . — The Selection Criteria for regular members of FARMCs pursuant to Section 11 of the FAO No. 196 are hereby adopted:

a.      For fisherfolks/fishworker members: The
fisherfolks/fishworker members shall include the youth and women
sectors. They shall belong to a fisherfolks
organizations/cooperative/association duly accredited by the LGU; they
must carry an endorsement from their respective
organization/cooperative/association that they are their duly designated
representative to the FARMC; residents of the
barangay/municipality/city for at least one (1) year, engaged in fishing
or fish culture/processing as their main source of livelihood; and with
good moral character and reputation in the community.

b.      Representatives from the youth and women sectors must
come from fisherfolks youth and women organizations duly accredited by
the LGU.

c)      For representatives from the NGOs and the private
sector, they shall be endorsed/recommended by fisherfolk organizations
based on their involvement, expertise in fisheries and track record in
helping municipal fisherfolk and in protecting the fisheries and aquatic
resources.

d)      Commercial fishing operators who shall be members of the
FARMC shall be nominated by a duly recognized association of the
Commercial Fishing Sector. If there are no resident commercial fishers
in the city/municipality, associations of commercial fishing operators
from a neighboring city/municipality may nominate a representative. If
after three consultations/meetings of the FARMC and the commercial
fishing sector fails to send their representative, the slot shall be
given fisherfolks members.

e)      Where the memberships of FARMCs exceed the above
allocated minimum, the proportion of fisherfolks member vis-à-vis that
of the commercial fishing members shall be maintained.

f)       The representative from the DA to the M/CFARMC shall
come from the devolved DA fisheries personnel of the concerned LGU.

Section 20.        Officers . All FARMCs shall
elect from among the fisherfolks representatives their set of officers
consisting of a Chairperson, Vice-Chairperson, Secretary, Treasurer,
Auditor, Public Relations Officer and two (2) Sergeant-at-Arms.

Section 21.        Term of Office. — Elected
officers of FARMC shall serve for a period of two (2) years. They may be
elected for two succeeding terms after which there will be no
re-election.

Section 22.        By Laws. — The FARMC officers
with two-thirds vote of its members shall set its by-laws consistent
with the overall objectives of the Philippine Fisheries Code of 1998 (RA
8550), the LLDA (RA 4850) and the Local Government Code (RA 7160).

Section 23.        Structural Frameworks. — The
provisions under Section 13, FAO 196 are hereby adopted for consistency
and clarity: For a more effective Council, the FARMCs may adopt the
following: First Level – the Council to be assisted by an advisory body;
and the Second Level – task forces/committees/services (Figure 1).  The
advisory body shall be selected from the academe and research
institution, national government agencies, local government units, NGOs
and POs based on their involvement, expertise in fisheries and track
record in helping the fisherfolks.  The FARMCs may be assisted and
supported by a Secretariat to be appointed by the Council.

The task forces/committees/services that will be created in
support to the operational activities of the FARMC may include, but not
limited to the following: law enforcement (or bantay
dagat/lawa/kalikasan) and prosecution, rehabilitation and conservation,
livelihood, research, education and training, legislative, pollution
control, land and water use/zonation and resettlement.

ARTICLE IV
CREATION OF A COMELEC AND A TECHNICAL COMMITTEE

Section 24.        Committee on Election . — The
election of all FARMC officers in the region shall be governed by the
rules and regulations to be formulated and administered by the Committee
on Election (COMELEC). The COMELEC shall be composed of representatives
from the LLDA and the DA-BFAR Region IV.

Section 25.        Creation of a Technical Committee
. — A Technical Committee shall be created to review the mechanics of
the election and the Implementing Rules and Regulations (IRR) for the
operation of the FARMCs in the Laguna de Bay Region.

Section 26.        Membership of the Technical Committee
. — A seven-member Technical Committee shall be composed of the LLDA as
the Chairman, DA-BFAR Region IV as the Vice-Chairman and one member
representative each from the Provincial Government of Rizal, Laguna and
NCR, the Regional Fisherfolks Representative and the Chairperson of the
Laguna de Bay Integrated FARMC.

ARTICLE V
SOURCE OF FUNDS FOR OPERATION

Section 27.        Appropriation of Funds. —
Legitimate FARMCs shall be appropriated funds by the DA and the LGUs and
subsidy from the Aprofishtech Fund of the Department of Agriculture as
provided in Sections 79, 109 and 112, Chapter VII of the Code.

Section 28.        LLDA Fund. — The LLDA shall
appropriate from its corporate funds the necessary financial assistance
for the operation of the Laguna de Bay Integrated FARMC or LdBIFARMC
upon approval of the LLDA Board of Directors subject to the availability
of funds and to the existing rules and regulations.

Section 29.        Allocation from the LGUs Fishpen/Fishcage Fee Share
. — From the fishpen fee share released by the LLDA, the Local
Government Units shall allocate funds to the FARMC the amount of which
shall be mutually agreed upon by two parties. The FARMCs’ fishcage fee
share shall be distributed in accordance with the allocation scheme
approved by the LLDA Board of Directors upon the recommendation of the
LLDA General Manager.

Section 30.        Fund Administration . — All
appropriated fund shall be administered by the FARMCs through their
respective offices subject to the existing government auditing and
accounting rules and regulations.

Section 31.        Fund Releases. — Releases of
funds for the FARMC operations shall be based on the annual work program
and budget of the FARMCs to be approved by its officers.  The same
shall be submitted to the LLDA and other concerned agencies/LGUs three
months before the closing of the fiscal year.

ARTICLE VI

LAW ENFORCEMENT

Section 32.        Law Enforcement . — The
Technical Committee shall initiate the formulation of law enforcement
program in the Laguna de Bay and crater lakes including but not limited
to activities such as training, regular monitoring and surveillance,
information campaign through proper coordination and team efforts for
review by the Technical Committee.  Aside from the LLDA, the Technical
Committee shall ensure involvement of other agencies concerned in the
Laguna de Bay Region such as the Local Government Units (LGUs),
Department of Agriculture (DA), Department of Justice (DOJ), Department
of Interior and Local Government (DILG) and the Commission on Human
Rights (CHR), the Philippine Coast Guard and MARICOM for the effective
enforcement of fishery related laws.  Likewise, the Technical Committee
shall ensure the availment of privileges of deputized FARMC members and
access for free legal services in protecting their rights while carrying
out their functions.

Section 33.        Existing Fisheries and Aquatic Resources Management Councils (FARMCs).
— Fisheries and Aquatic Resources Management Councils already existing
and organized before the approval of this Resolution shall be duly
recognized as FARMCs: Provided, however, that such councils shall be
reconstituted/reorganized according to the provisions of these rules.

ARTICLE VII
ANNUAL REPORT AND EVALUATION

Section 34.         The LdBIFARMC shall prepare a
semi-annual accomplishment report furnishing copies to all its members
on record and the concerned LGUs. The same shall be submitted to the
LLDA, copy furnished the Department of Agriculture.

ARTICLE VIII

TRANSITORY AND MISCELLANEOUS PROVISIONS

Section 35.        Hold Over Capacity of Existing Officers
. — Officers of existing FARMCs at all levels within the Laguna de Bay
Region shall serve until December 31, 2001. However, election for the
new set of officers shall proceed as provided in Section 21, Article 3
of these guidelines three (3) months prior to the closing of the said
year.

Section 36.        Effectivity . — These
guidelines shall take effect fifteen days from the date of publication
in a newspaper of general circulation and shall remain in force until
revoked or superseded.

APPROVED.

Adopted: 29 June 2000

(SGD.) JOSE D. LINA, JR. Chairman	(SGD.) ROSELLER S. DELA PEÑA Vice-Chairman
(SGD.) ARTURO L. TIU (SGD.) EMMANUEL B. CADAYONA (SGD.) JOAQUIN G. MENDOZA Directors	(SGD.) GODOFREDO C. VALERA (SGD.) ZENAIDA C. MAGLAYA Directors
Attested by:
(SGD.) LORETA D. VILLARUZ Board Secretary V