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Pursuant
to Section 123 of Republic Act Number 8550 (RA 8550), otherwise
known as the Philippine Fisheries Code of 1998, and Rule 123.2
of its Implementing Rules and Regulations/ this guideline on
the delineation and delimitation of municipal waters for Municipalities
and Cities of the country is hereby promulgated to implement
the Constitutional.and Statutory State policy of protecting the
rights of the people, especially of the local communities with
priority to marginal fisherfolks, in the preferential use of
the municipal waters and to ensure the attainment of the objectives
of the fishery sector as declared in Section 2 and 16 of RA 8550.
However,
the management of contiguous fishery resources such as bays,
which straddle several municipalities, cities or provinces, shall
be executed in an integrated manner, and shall not be based on
political subdivisions of municipal waters in order to facilitate
their management as single resource systems. The Local Government
Units (LGUs), which share or border such resources, may group
themselves and coordinate with each other to achieve the objectives
of integrated fishery resource management with ecological integrity
having paramount consideration over political autonomy. The Integrated
Fisheries and Aquatic Resources Management Councils (IFARMC)
established under Section 76 of RA 8550 shall serve as the venues
for close collaboration among LGUs in the management of contiguous
resources.
Section 2. Definition of Terms:
For the purposes of this guideline, the following definition
of terms shall be used:
Adjacent municipalities - coastal municipalities
sharing a common land boundary point on the coast
Baseline - the line from which the outer limits
of municipal waters are projected Base point - a point on land
from which baselines are drawn
Cay - a low, fat island of sand, coral, or other
material which is awash or dries during low water
City - a local government unit as defined under
the local government code
Coast - the edge or margin of land next |to
the sea
Coast terminal point - a boundary point on the
coast, common to two adjacent municipalities
Coastline - the line where the shore and water
meet at mean lower lowtide
Construction line - a temporary drawing line
used in determining a final line, e.g., a boundary line, or points
used to 'determine that final line
Delimitation - the determination of boundaries
of municipal waters between adjacent or opposite municipalities
where the delineation of their respective waters show that their
respective municipal waters overlap
Delineation - the determination of the outer
limits of the municipal waters of a municipality
Demarcation - the determination of the boundaries
where there is a depth of at least seven fathoms.
Fringing reef- a reef directly attached to the
shore or located in its immediate vicinity
General coastline of the municipality or city without offshore
islands - refers to the points where the boundary lines of the
municipality touch the sea at low tide
High water or high tide - refers to highest
level reached at a place by the water surface in one oscillation
Island - a naturally formed area of land, surrounded
by water, provided that where the island is surrounded by the
sea, the same should also always be above the water at high tide
Lateral boundary - the municipal water boundary
between two adjacent municipalities
Low water or low tide - refers to lowest level
reached at a place by the water surface in one oscillation
Low water line or low water mark - the intersection of the plane
of low water with the shore;
the line along a coast or beach to which the sea recedes at low
water
Municipality - a local government unit as defined
under the local government code
Median line or equidistance line - a line every
point of which is equidistant from the nearest points on the
coasts of two municipalities
Normal baseline - the baseline described by
the coastline of a municipality, where such coastline is relatively
smooth and simple and there are no outlying or fringing islands,
reefs, rocks, pinnacles, or other abutting features.
Opposite municipalities - municipalities not
sharing land boundaries but having coastlines which face each
other and are less than thirty (30) kilometers apart
Pinnacle rock - a sharp pointed rock rising
from the bottom, which may extend above the surface of the water
Reef- a mass of rock or coral which either reaches
close to the sea surface or is exposed at low tide
Rock awash - rock awash according to chart datum
(usually low water)
Sandbar- a shallow portion of the coast largely
made of loose sand that is near the surface
of the water
Shoal - an offshore hazard to navigation on
which there is a depth of ten (10) fathoms or twenty (20) meters
or less, composed of unconsolidated material except coral or
rock
Straight baseline - a baseline used in cases
where the coastline is deeply indented or cut into Tidal water-
any water the level of which changes periodically due to tidal
action
Section 3. Coverage
The
coverage of this administrative order shall be all the municipal
waters of municipalities and cities without off-shore islands/
as defined by Sec. 4(58) of RA 8550, which include, not only
streams, lakes, inland bodies of water and tidal waters within
the municipality which are not included within the protected
areas as defined under RA 7586 (The NIPAS Low), public forest,
timber lands, forest reserves or fishery reserves, but also marine
waters included between two (2) lines drawn perpendicular to
the general coastline from points where the boundary lines of
the municipality touch the sea at low tide and a third line parallel
with the general coastline and fifteen (15) kilometers from such
coastline. Where two (2) municipalities are situated on opposite
shores that there is less than thirty (30) kilometers of marine
waters between them, the third line shall be equally distant
from opposite shore of the respective municipalities. This administrative
order shall not be construed to preclude special agencies or
offices in exercising their jurisdiction over municipal waters
by virtue of special laws creating these agencies such as, but
not limited to, the Laguna Lake Development Authority and the
Palawan Council for Sustainable Development, pursuant to Sec.
17 of RA 8550.
Section 4. Role/Responsibility of Agencies
In
order to have an efficient and effective flow of activities in
the delineation/ delimitation of municipal waters, the role of
the agencies involved are herein provided:
A. The Department of Agriculture (DA) shall hereby authorize
the NAMRIA to assist in the delineation of municipal waters,
under the provisions of this guideline. For this purpose, the
NAMRIA is authorized to utilize any and all technical means to
achieve the ends of this guideline. The DA shall also provide
the implementation mechanism for the delineation/delimitation
and provide financial assistance subject to availability of funds,
technical assistance when available and participate in the conduct
of public hearing through its field offices, units, agencies,
programs, and projects.
B. National Mapping and Resource Information Authority (NAMRIA),
in accordance with the authority granted by the DA under Section
123 of RA 8550, shall delineate or delimit the boundaries of
municipal waters on maps or charts of appropriate scale as well
as demarcate areas where seven fathoms of sea depth is found
as requested by the local government units and as a result, provide
the local government units the proposed maps and technical descriptions
of the maps before the conduct of the public hearing; approve
the maps, charts, and technical descriptions as a result of delineation/delimitation
of municipal waters; participate in public \ hearings and consultations
conducted in relation to the delineation/delimitation of municipal
waters and take note of comments, inputs, suggestions, reactions
or objections to the proposed delineation/delimitation; and as
a result, revise maps, charts, or technical descriptions as a
result of the public hearing; approve an official copy of maps,
charts, and technical descriptions and provide the approved maps
to the municipality/city and other concerned agencies; provide
technical assistance relevant to delineation and delimitation
of municipal waters; act as the repository of all technical descriptions
and corresponding original maps or charts of all municipal waters;
and finally, conduct actual verification of boundary limits as
required.
C. Local Government Units shall request the NAMRIA to delineate/delimit
the boundaries of their municipal waters; conduct public hearings
and consultation in relation to the proposed delineation/delimitation;
settle disputes with adjacent or opposite municipalities arising
from the delineation/delimitation through the Sangguniang Bayang/Panglungsod
or Panlalawigan or in any appropriate body; and enact the corresponding
ordinances setting forth the exact location and boundary of its
municipal waters, incorporating therein the maps or charts and
technical descriptions.
D. Other Agencies and/or Entities
Using
participatory approach, other agencies and/or entities such as
the Barangay/Municipal/ City/Integrated FARMCs, People's Organizations,
Non-Government Organizations, and the academe, that are involved
or may have a stake in the management and development of municipal
waters, should assist in the delineation/delimitation of municipal
waters. Information (map, technical descriptions, etc.) of areas
under their administrative jurisdiction should be provided.
Section 5. Systems and Procedures
A. Requirements to Start Delineation Process
1. Filing of Request for Delineation
All requests for delineation and delimitation of municipal waters
shall be directed to the Administrator of the NAMRIA^ through
the Director of the Coast and Geodetic Survey Department.
A request may be made by any of the following:
a) a city or municipality individually or jointly with other
cities/municipalities with whom common boundaries are shared,
through a resolution of the Sangguniang Panglungsod or Sangguniang
Bayan;
b) a province on behalf of all of its coastal municipalities,
through a resolution of the Sangguniang Panlalawigan;
c) a national government agency (NGA) on behalf of any city
or municipality, through a formal letter/request signed by the
head of the agency, but only with the conformity of the affected
local government units, expressed in form of a resolution of
the Sangguniang concerned which shall be attached to the letter/request.
A copy of the resolution or letter/request shall be furnished
by the requesting LGU orNGA to:
a) the DENR Community Environment and Natural Resources Office
(CENRO) and/ or the relevant DENR Regional Office;
b) the BFAR;
c) any adjacent or opposite municipality which may be affected
by the delineation and/or delimitation;
d) the Regional Office of the Philippine National Police Maritime
Group (FNP-MARIG);
e) any special agency having jurisdiction over coastal waters
which may be excluded from municipal waters in accordance with
the Fisheries Code (e.g. the Protected Area Management Board
(PAMB) with respect to areas under the NIPAS Act);
f) any affected private parties or sectors which the city
or municipality may deem fit to notify.
2. Basic Technical Requirements for Requesting Entity
The
filing of request for delineation must include a copy of the
legislation/proclamation and any related available data/information
creating or evidencing the creation or existence of the municipality
or city.
3. Response
The
NAMRIA through the Director of the Coast and Geodetic Survey
Department shall schedule the delineation and delimitation of
the municipal waters of the municipality. A copy of the response
shall also be furnished to any adjacent or opposite municipality,
which may be affected by the delineation and/or delimitation.
B. Procedure for Delineation and Delimitation of Municipal
Waters
1. Delineation of Municipal Waters
a) Use of normal baselines
i. Where the coastline is not deeply indented or cut into,
and there are no outlying or fringing islands, reefs, or rocks,
the normal baseline shall be the low water line.
ii. The normal baseline shall determine the general coastline
of the municipality for purposes of delineation and delimitation.
iii. The outer limits of the municipal waters of the municipality
shall be determined by a line parallel to the normal baselines
and fifteen (15) kilometers therefrom.
b) Use of straight baselines.
i Where the coastline is deeply indented and/or there are
outlying or fringing reefs or rocks/ the outermost points of
the coastline may be connected by straight baselines/ provided
that the length of such baselines does not exceed thirty (30)
kilometers.
ii. In such cases/ the straight baselines shall determine
the general
coastline of the municipality for purposes of delineation and
delimitation.
iii. Reefs/ rocks/ cays/ shoals/ sandbars/ and any other features
which are submerged during high tide shall not be used as basepoints.
Neither shall these have their own coastlines.
iv. The outer limits of the municipal waters of the municipality
shall be determined by a line parallel to the straight baselines
and fifteen (15) kilometers therefrom.
c) Combination of baselines
A
combination of normal and straight baselines/ may be used depending
on the circumstances and in the interest of simplicity in determining
the general coastline and delineating municipal waters.
2. Delimitation of Adjacent Municipal Waters
a) Where the general coastline is not curved or irregularly
shaped at the coastal terminal point of the land boundary common
to two (2) adjacent municipalities/ the lateral boundary shall
be determined by a line perpendicular to the general coastline
at the terminal point.
b) Where the general coastline at the point where the land
boundary touches the sec is curved or irregularly shaped/ making
the determination of a perpendicular line impossible/ the lateral
boundary between two (2) adjacent municipalities may b( determined
by either of the following methods/ depending on the complexity
of the coastline:
i. Simplified bisection The lateral boundary shall be determined
as follows:
i.a) Examine the direction of the general coastline on both
sides of the common coastal terminal point. On each side of the
common point/ draw a straight line/ a short baseline/ whose length
shall be limited to the point where the direction of the general
coastline changes significantly or veers to another quadrant.
i.b) Draw perpendicular lines to the coastlines on both sides
of the common terminal point/ passing through this common terminal
point. Bisect the angle formed by the two perpendicular lines.
The bisector is the lateral boundary of the municipal waters
between the adjacent municipalities. The bisector will extend
fifteen (15) kilometers if the coastlines beyond to short baseline
will no longer affect its equidistance from both coastlines;
otherwise/ it will extend only up to a distance beyond which
the equidistance line method shall already be applied.
ii. Equidistance line
The lateral boundary shall be determined by a line equidistant
from the coastlines of the adjacent municipalities, as determined
through the use of the baselines under Paragraphs la through
1c of Section 5B.
3. Delimitation of Opposite Municipal Waters
In
the case of opposite municipalities which are less than thirty
(30) kilometers apart, the municipal water boundaries between
them shall be determined by the median or equidistance line between
the general coastlines of the respective municipalities, as determined
through the use of the baselines under Paragraphs la through
1c of Section 5B.
4. Delimitation of Municipal Waters of Three or More Adjacent
and Opposite Municipalities.
In
cases where three or more municipalities are so situated that
they have overlapping municipal water, the delimitation of the
lateral and offshore boundaries of their municipal waters shall
be determined by the equidistance line method. The lateral boundaries
will usually end at a point that is common to three or more municipalities,
at the offshore boundary.
4. Finalization Only After Approval
The
technical description of municipal waters shall be deemed final
only after the boundaries of municipal waters have been duly
approved by the city or municipality as evidenced by a final
and executory ordinance embodying the same. Each boundary comer
common to two (2) adjacent or opposite municipalities shall have
exactly the same geographic position.
5. Depth Curve
Where practicable, the seven (7) fathom depth curve within
the municipal waters shall be clearly indicated oh the charts
provided by the NAMRIA.
6. Demarcation of Marine Reserves, Sanctuaries, or Other Special
Areas
If within or overlapping with the municipal waters, there
is a marine reserve, sanctuary, or other special area under the
exclusive jurisdiction of an entity other than the municipality,
a clearance shall be obtained by the NAMRIA from said entity
prior to the inclusion of the boundaries of such reserve, sanctuary,
or special area, or such part thereof which overlaps with the
municipal waters so as to effectively exclude the same from the
computation of the area of municipal waters. Provided that the
protected seascape or marine reserve area shall be managed by
local governments according to the mandate and responsibilities
as provided in the NIPAS Law. Nothing in this provision shall
prevent the National Government from declaring any portion of
municipal waters as Protected Areas or Marine Reserves.
C. Publication and Public Hearing
1. Public Hearing.
The
NAMRIA shall submit to the requesting city or municipality a
preliminary delineation of the municipal waters, and delimitation
thereof with respect to any adjacent or opposite municipality,
drawn on maps or charts of appropriate scale, and accompanied
by a technical description. Such delineation and/ or delimitation
shall be in accordance with the technical guidelines set forth
in Section 5B hereof.
The requesting city or municipality shall cause the publication
of the map or chart clearly showing the delineation and/or delimitation
of municipal waters, through
a) posting in prominent places in the city or municipality;
b) dissemination of copies of the same to all the component barangays;
and
c) furnishing copies, through regular channels, to any cities
or municipalities affected.
In
accordance with regular processes and practices, the requesting
city or municipality shall conduct a public hearing and consultation
for the purpose of receiving comments, inputs, suggestions, reactions,
or objections to the proposed delineation and/or delimitation.
The NAMRIA shall be present at the public hearing to document
and consider such comments, inputs, suggestions, reactions, or
objections.
Adjacent or opposite municipalities may, if they so decide
for purposes of convenience and practicality, jointly hold the
public hearings.
2. Disputes with Adjacent or Opposite Municipalities
If adjacent or opposite municipalities, as well as agencies
having jurisdiction over defined coastal waters, or any interested
parties, raise any objection to the preliminary delineation and/or
delimitation of municipal waters, such objection shall be made
in writing, in the form of a Resolution of the Sangguniang Bayan
or Panglungsod concerned, or an official letter from the responsible
officer or person, and officially presented at public hearing.
The dispute shall be resolved in the same manner provided
in the local government code and other applicable laws.
a) Amicable Settlement Encouraged
In
case of boundary conflict or prior to certification to final
boundaries, this guideline shall not prevent the municipalities
concerned from negotiating or mutually agreeing to a common municipal
water boundaries provided there is substantial compliance with
the provisions of the law. Such negotiated boundaries shall be
submitted to the NAMRIA for verification. The NAMRIA may also
provide technical assistance and advice to the municipalities
in the course of their negotiations.
The
delimitation of municipal water boundaries in accordance with
a negotiated settlement shall be certified by the NAMRIA prior
to its final and submission for enactment as an ordinance. Certification
of such negotiated boundaries shall not be denied under normal
circumstances.
b) Irreconcilable Differences
In
case the municipalities cannot settle their differences amicably
through negotiation, and the differences are based on the proper
application of technical rules and guidelines, they shall jointly
submit the issue to the Sanggunian Panlalawigan (SP) for decision,
pursuant to their plenary review powers under Sec. 118 of RA
7160 (Local Government Code) of 1991. The NAMRIA shall provide
the technical support to the SP. The SP shall decide on the issue
within the time frame mandated under Section 118 of the Local
Government Code.
c) Disputes Before Other Fora
Where
at the time of the delineation and/for delimitation, the dispute
is pending before another forum on account of substantial issues
that go beyond the application of technical rules and guidelines
(e.g., when there is a pending case before a regular court),
the NAMRIA may, in the meantime, delineate and determine the
temporary municipal water boundaries between the contesting municipalities,
without considering the contested features, provided that the
affected municipalities agree to such temporary delimitation,
provided further that the temporary delimitation shall be subject
to the outcome of the dispute as determined by the concerned
forum.
D. Revision and Finalization
1. Certification of Final Map
The
NAMRIA, after considering the inputs from the public hearing,
or the outcome of the dispute settlement mechanisms set forth
in Paragraph 2 of Section 2C, shall revise the delineation and/or
delimitation, and within thirty (30) days from the date of the
last public hearing or last meeting under Paragraph 1 of Section
5C, provide an official copy of the revised maps, charts, and
technical descriptions to the requesting city or municipality.
Such maps, charts, and technical description shall be duly certified
by the NAMRIA Administrator as comprising the final and definitive
delineation and/or delimitation of municipal waters.
2. Enactment of Ordinance
After
the receipt of the revised and certified delineation/delimitation,
if any, or of the date of the last public hearing if no revision
was necessary, the requesting city or municipality shall enact
an ordinance setting forth the extent of its municipal waters,
incorporating the maps, charts, and technical descriptions prepared
and verified by NAMRIA as an integral part of the ordinance,
provided that in enacting the ordinance, no amendments shall
be made to the maps, charts, or technical descriptions prepared
and approved by NAMRIA. Once the ordinance has become final and
executory, the original copy must be submitted to the NAMRIA
and official copies thereof shall be provided to the following:
a) any adjacent or opposite municipalities affected by the
delimitation;
b) the BFAR;
c) the Regional Office of PNP-MARIG;
d) any concerned special agency having Jurisdiction over coastal
waters which may be excluded from municipal waters;
e) any affected party or sector the city or municipality may
deem fit to notify;
f:) the DENR field office.
3. Repository Function
The NAMRIA shall be the repository of all technical descriptions
and corresponding maps or charts of all municipal Waters. An
official copy of such technical descriptions and maps or charts
shall be provided to the municipality concerned.
Section 6. Fees and Costs
Applicable fees and costs shall be determined and charged
by the NAMRIA.
Section 7. Repealing Clause
All
administrative orders, rules,,and regulations inconsistent with
or contrary to the provisions of this Guideline are hereby repealed
or modified accordingly.
Section 8. Separability Clause
If
any portion or provision of this administrative order is declared
unconstitutional or invalid, the other portions or provisions
hereof, which are not affected thereby, shall continue in full
force and effect.
Section 9. Effective
This
Administrative Order shall take effect fifteen (15) days after
its publication in the Official Gazette and/or in two (2) newspapers
of general circulation and upon its filing with the Office of
the National Administrative Register.
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