Beyond Lanuza Bay

Beyond Lanuza Bay

The Challenges of CARCANMADCARLANCORTAN-Lanuza Bay Development Alliance

Jan Perry B. Eugenio

Policy Advocacy Officer, BALAOD Mindanaw

The CARCANMADCARLANCORTAN-Lanuza Bay Development Alliance (LBDA) is an alliance of the seven municipalities within Lanuza Bay, Surigao del Sur, namely, Carrascal, Cantilan, Madrid, Carmen, Lanuza, Cortez and Tandag. 

The seven municipalities wanted to unify their efforts for the exercise of their rights and obligations, and declare their mutual respect to ensure a unified, integrated, judicious and wise utilization, protection, conservation and management of coastal and fishery resources.  In line with this, two national laws are applicable as venues for their coordination: the Philippine Fisheries Code of 1998 (RA 8550) and the Local Government Code of 1991 (RA 7160).   RA 8550 allows the administration of the contiguous fishery resources in an integrated manner and which shall not be based on political subdivisions of municipal waters in order to facilitate their management as single resource systems.  Furthermore, the adjacent LGUs may formulate and recommend the enactment of a unified fishery ordinance which shall be enforceable throughout the vicinity.  On the other hand, the LGC expressly provides that the legislative authority of the LGUs is restricted to their respective territorial jurisdictions because the code recognizes only the local government units created by the code: provinces, cities, municipalities, barangays and other political subdivisions created by law. 

Apparently, there is a conflict between RA 8550 and the LGC with respect to the authority and jurisdiction of LGUs to control contiguous fishery resources, the former providing for an integrated administration without reference to political subdivisions, whereas, the latter providing for the extent of authority and territorial jurisdiction of each political subdivision. 

In an attempt to harmonize the inconsistent provisions of the two national laws, the seven municipalities went through several crucial and novel legislative processes instead of the traditional lawmaking procedure.  It opted to allow the stakeholders of Lanuza Bay to participate in the finalization of the ordinance, before it was formally adopted in the Sanggunian Bayan of each of the seven municipalities.  In line with this, several workshops were made beginning June 2003 up to November 2004 with various stakeholders of the Lanuza Bay Area, namely the fisherfolk communities, members of the Sangguniang Bayan, fisherfolk organizations, Municipal Environment Management Project Officers (MEMPOs) of each municipality, members of Fisheries and Aquatic Resources Management Councils (FARMCs) of each municipality, PNP Maritime, local PNP, deputized fish wardens, and Municipal Environment and Natural Resources Officers (MENROs).

On 01 March 2004, the Covenant Governing the Integrated Coastal Resource Management of the Municipalities of Carrascal, Cantillan, Madrid, Carmen, Lanuza, Cortes, and Tandag (CARCANMADCARLANCORTAN-Lanuza Bay Development Alliance), was formally signed by all the local Chief Executives of the seven municipalities through a resolution passed by their respective Sangguniang Bayan authorizing them to sign the same.  Each of the Sangguniang Bayan of the seven municipalities then passed an ordinance, adopting the covenant and making the same as an integral part of their respective municipal ordinances. 

Since the enactment of the ordinances, a lot of significant developments were felt.  The Baywide Enforcement Action Team (BEAT) conducted a daily sea borne patrol operation along the Lanuza Bay to monitor illegal fishing activities within the area.  Commercial fishing within municipal waters gradually decreased.  Active fishing gears used in illegal fishing were impounded.  A total of 11 cases of illegal fishing activities were prosecuted in courts.       

However, the alliance also had its share of difficulties and obstacles.  The existence of the CARCANMADCARLANCORTAN-Lanuza Bay Development Alliance is being attacked as an illegal association.  The municipal ordinances enacted by the seven municipalities are being assailed as invalid for want of the required public hearing and consultations.  The provisions of the said ordinances were purportedly unconstitutional for they contravene RA 8550.  Even the authority of the BEAT enforcers to apprehend violators of the law is condemned to be illegal.  Such allegations were made by commercial fishing operators who were prosecuted for violating the law.

Ironically, despite the indubitable constitutionality and validity of the ordinances and their genuine intention of providing for a unified management for the protection and conservation of Lanuza Bay, the socio-political environment tends to favor the commercial fishing operators.  They have constructively lodged a campaign against the alliance.  They falsely illustrated to the public that the municipal ordinances would bring more harm and detriment to the coastal and fishing resources of the bay.  They even organized a protest rally in front of the municipal halls of Cantilan and called for the protection of commercial fishers in the area. 

The current developments alarmed the alliance and made them realize that serious efforts and close coordination are absolutely necessary to combat illegal fishing activities within Lanuza Bay.  Council meetings of the alliance are called as often as necessary to discuss possible solutions and strategies, both legal and metalegal.  The critical support of peoples’ organizations and non-government organizations advocating for sustainable and effective coastal resource management, were recognized.  Paralegal formations were proposed to educate and empower the local fisherfolk communities.

It is disheartening that the seven municipalities are experiencing this predicament considering that the assailed legislations were made by the alliance through their consolidated and concerted efforts precisely for the protection and conservation of Lanuza Bay.  Nevertheless, their principle and conviction to work for the betterment and interest of the fisherfolk communities and for the whole populace of CARCANMADCARLANCORTAN gives them the strength and vigor to hurdle each and every obstacle they encounter.  The determination and passion of the Alliance to continue to do what they know and firmly believe is for the betterment and interest of the community, the environment and future generations is best summed up in the words of the Project Management Officer of the alliance, Ranulfo Arreza, who had a chance to meet ordinary fisherfolks who would casually approach him in the streets narrating how their catch had been steadily increasing these days and expressing their gratitude for the efforts of the alliance:

“The heart-warming gratitude of the local people affirms that I am doing the right thing and their aspiration drives me to pursue this battle.”