Institutional Issues and Perspectivesin the Management of Fisheries and CoastalResources in Southeast Asia

Edited byMagnus TMagnus TMagnus TMagnus TMagnus TorororororellellellellellAlbert M SalamancaAlbert M SalamancaAlbert M SalamancaAlbert M SalamancaAlbert M Salamanca

20012001200120012001

Institutional Issues and Perspectives in the Management of Fisheries and Coastal Resourcesin Southeast Asia

Edited byMagnus TorellAlbert M Salamanca

2002

Published by ICLARM – The World Fish Center, Jalan Batu Maung, Batu Maung, 11960 BayanLepas, Penang, Malaysia and Swedish International Development Cooperation Agency (Sida), S-10525 (Office: Sveavagen 20, Stockholm), Stockholm, Sweden.

Torell, M. and A.M. Salamanca, Editors. 1997. Institutional Issues and Perspectives in theManagement of Fisheries and Coastal Resources in Southeast Asia. ICLARM TechnicalReport 60, 212p.

Perpustakaan Negara Malaysia. Cataloguing in Publication Data

Institutional issues and perspectives in the management of fisheries and coastal resources inSoutheast Asia/ editors Magnus Torell, Albert M. Salamanca.ISBN 983-2346-07-X1. Fisheries—management – Asia Southeastern. 2. Marineresources—Asia, Southeastern. I. Torell, Magnus.II. Salamanca, Albert M.639.20959

Managing editors: Sandra Child, Peter R Gardiner and Janet-MaychinCopyeditors: Terrence Clayton and Albert M SalamancaIndexer: Barry HowarthLayout and design: Catherine Tan Lee MeiCover concept: Albert M SalamancaCover design: Sam Studio Graphics and Catherine Tan Lee MeiCover: Diverse uses of the coastal zone.

ISBN 983-2346-07-X

ICLARM –The World Fish Center Contribution No. 1654

Printed by Sun Printers Sdn Bhd, Malaysia

ICLARM-The World Fish Center is one of the 16 internationalresearch centers of the Consultative Group on InternationalAgricultural Research (CGIAR) that has initiated the public awarenesscampaign, Future Harvest.

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ContentsContentsContentsContentsContentsFFFFForororororeworeworeworeworeworddddd ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... xii

PPPPPrrrrreface and Acknowledgementeface and Acknowledgementeface and Acknowledgementeface and Acknowledgementeface and Acknowledgement ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... xiii

AbbrAbbrAbbrAbbrAbbreviationseviationseviationseviationseviations ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... xiv

List of FList of FList of FList of FList of Figurigurigurigurigureseseseses ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... xvi

List of TList of TList of TList of TList of Tablesablesablesablesables ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... xvii

Navigating the Institutional Landscape: IntrNavigating the Institutional Landscape: IntrNavigating the Institutional Landscape: IntrNavigating the Institutional Landscape: IntrNavigating the Institutional Landscape: Introduction and Overviewoduction and Overviewoduction and Overviewoduction and Overviewoduction and Overview ..... ..... 1by Magnus Torell and Albert M SalamancaIIIIINTRODUCTIONNTRODUCTIONNTRODUCTIONNTRODUCTIONNTRODUCTION ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 1TTTTTHEHEHEHEHE R R R R ROLEOLEOLEOLEOLE ANDANDANDANDAND I I I I IMPORMPORMPORMPORMPORTTTTTANCEANCEANCEANCEANCE OFOFOFOFOF I I I I INSTITUTIONSNSTITUTIONSNSTITUTIONSNSTITUTIONSNSTITUTIONS ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 2TTTTTHEHEHEHEHE C C C C CAAAAASESESESESE S S S S STUDIESTUDIESTUDIESTUDIESTUDIES ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 2CCCCCOMMONOMMONOMMONOMMONOMMON T T T T TRENDSRENDSRENDSRENDSRENDS ANDANDANDANDAND T T T T THEMESHEMESHEMESHEMESHEMES ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 3

Design PDesign PDesign PDesign PDesign Prrrrroblemsoblemsoblemsoblemsoblems ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 3EnforEnforEnforEnforEnforcementcementcementcementcement ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 7FFFFFinancial and Human Rinancial and Human Rinancial and Human Rinancial and Human Rinancial and Human Resouresouresouresouresourcescescescesces ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 7ConflictConflictConflictConflictConflict ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 8Colonial InfluenceColonial InfluenceColonial InfluenceColonial InfluenceColonial Influence ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 11RRRRRole of Donorsole of Donorsole of Donorsole of Donorsole of Donors ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 12RRRRRole of Civil Societyole of Civil Societyole of Civil Societyole of Civil Societyole of Civil Society ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 12

CCCCCONCLONCLONCLONCLONCLUDINGUDINGUDINGUDINGUDING R R R R REMARKSEMARKSEMARKSEMARKSEMARKS ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 13RRRRREFERENCESEFERENCESEFERENCESEFERENCESEFERENCES ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 14

Institutional and PInstitutional and PInstitutional and PInstitutional and PInstitutional and Policy Issues in the Management of Folicy Issues in the Management of Folicy Issues in the Management of Folicy Issues in the Management of Folicy Issues in the Management of Fisheriesisheriesisheriesisheriesisheriesand Coastal Rand Coastal Rand Coastal Rand Coastal Rand Coastal Resouresouresouresouresources in Cambodiaces in Cambodiaces in Cambodiaces in Cambodiaces in Cambodia ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 16by Pum Vicheth, Toby Carson, Ngoun Narin, Sin Chhay, Srun Lim Song, Chan Dara, Ouk Siphan,Vann Monyneath, Mao Kosal, Bernard O’Callaghan, and Magnus TorellAAAAABSTRACTBSTRACTBSTRACTBSTRACTBSTRACT ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 16BBBBBACKGROUNDACKGROUNDACKGROUNDACKGROUNDACKGROUND ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 16

Geographical CharacteristicsGeographical CharacteristicsGeographical CharacteristicsGeographical CharacteristicsGeographical Characteristics ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 16Economic PEconomic PEconomic PEconomic PEconomic Patternsatternsatternsatternsatterns ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 17Cambodia’s Service SectorCambodia’s Service SectorCambodia’s Service SectorCambodia’s Service SectorCambodia’s Service Sector ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 18EmploymentEmploymentEmploymentEmploymentEmployment ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 18PPPPPopulationopulationopulationopulationopulation ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 18

RRRRRESOURCEESOURCEESOURCEESOURCEESOURCE S S S S STTTTTAAAAATUSTUSTUSTUSTUS, B, B, B, B, BENEFITSENEFITSENEFITSENEFITSENEFITS ANDANDANDANDAND T T T T THREAHREAHREAHREAHREATSTSTSTSTS ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 19FFFFFishery Rishery Rishery Rishery Rishery Resouresouresouresouresourcescescescesces ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 19AquaculturAquaculturAquaculturAquaculturAquacultureeeee ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 20MangrMangrMangrMangrMangrove Fove Fove Fove Fove Forororororestsestsestsestsests ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 22Coral RCoral RCoral RCoral RCoral Reefseefseefseefseefs ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 22

DDDDDEVELOPMENTEVELOPMENTEVELOPMENTEVELOPMENTEVELOPMENT P P P P POTENTIALOTENTIALOTENTIALOTENTIALOTENTIAL ANDANDANDANDAND O O O O OPTIONSPTIONSPTIONSPTIONSPTIONS ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 22

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LLLLLOCALOCALOCALOCALOCAL U U U U USESESESESE ANDANDANDANDAND M M M M MANAGEMENTANAGEMENTANAGEMENTANAGEMENTANAGEMENT ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 23Access to Coastal ResourcesAccess to Coastal ResourcesAccess to Coastal ResourcesAccess to Coastal ResourcesAccess to Coastal Resources ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 23FFFFForms of Local Useorms of Local Useorms of Local Useorms of Local Useorms of Local Use ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 24

Mangrove Charcoal KilnMangrove Charcoal KilnMangrove Charcoal KilnMangrove Charcoal KilnMangrove Charcoal Kiln ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 24FFFFFishingishingishingishingishing ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 24FFFFFish Pish Pish Pish Pish Prrrrrocessingocessingocessingocessingocessing ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 25Medicinal PlantsMedicinal PlantsMedicinal PlantsMedicinal PlantsMedicinal Plants ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 25AAAAAquaculturquaculturquaculturquaculturquacultureeeee ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 25Coastal TCoastal TCoastal TCoastal TCoastal Tourismourismourismourismourism ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 25VVVVValue of Marine and Coastal Resouralue of Marine and Coastal Resouralue of Marine and Coastal Resouralue of Marine and Coastal Resouralue of Marine and Coastal Resourcescescescesces ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 25

Local Management ExperiencesLocal Management ExperiencesLocal Management ExperiencesLocal Management ExperiencesLocal Management Experiences ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 26Initiative on Coastal ResourInitiative on Coastal ResourInitiative on Coastal ResourInitiative on Coastal ResourInitiative on Coastal Resources Managementces Managementces Managementces Managementces Management ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 26CurrCurrCurrCurrCurrent Mangrent Mangrent Mangrent Mangrent Mangrove Managementove Managementove Managementove Managementove Management ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 26Impact of CurrImpact of CurrImpact of CurrImpact of CurrImpact of Current Fent Fent Fent Fent Fishing Pishing Pishing Pishing Pishing Practicesracticesracticesracticesractices ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 26Development of SaltpansDevelopment of SaltpansDevelopment of SaltpansDevelopment of SaltpansDevelopment of Saltpans ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 26

RRRRReligion and Teligion and Teligion and Teligion and Teligion and Traditional Beliefraditional Beliefraditional Beliefraditional Beliefraditional Belief ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 26Ethnicity and ReligionEthnicity and ReligionEthnicity and ReligionEthnicity and ReligionEthnicity and Religion ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 26TTTTTraditional Beliefraditional Beliefraditional Beliefraditional Beliefraditional Belief ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 27

Local Initiatives to Combat the Degradation of MangrLocal Initiatives to Combat the Degradation of MangrLocal Initiatives to Combat the Degradation of MangrLocal Initiatives to Combat the Degradation of MangrLocal Initiatives to Combat the Degradation of Mangroves and Other Coastal Roves and Other Coastal Roves and Other Coastal Roves and Other Coastal Roves and Other Coastal Resouresouresouresouresourcescescescesces ..... ..... 27IIIIINSTITUTIONALNSTITUTIONALNSTITUTIONALNSTITUTIONALNSTITUTIONAL A A A A ARRANGEMENTSRRANGEMENTSRRANGEMENTSRRANGEMENTSRRANGEMENTS ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 28

Line MinistriesLine MinistriesLine MinistriesLine MinistriesLine Ministries ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 29MinistrMinistrMinistrMinistrMinistry of Agricultury of Agricultury of Agricultury of Agricultury of Agriculture, Fe, Fe, Fe, Fe, Forororororestrestrestrestrestry and Fy and Fy and Fy and Fy and Fisheriesisheriesisheriesisheriesisheries ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 29MinistrMinistrMinistrMinistrMinistry of Industry of Industry of Industry of Industry of Industryyyyy, Mines and Ener, Mines and Ener, Mines and Ener, Mines and Ener, Mines and Energygygygygy ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 29MinistrMinistrMinistrMinistrMinistry of Ty of Ty of Ty of Ty of Tourismourismourismourismourism ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 30MinistrMinistrMinistrMinistrMinistry of Py of Py of Py of Py of Public Wublic Wublic Wublic Wublic Works and Torks and Torks and Torks and Torks and Transportransportransportransportransport ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 30MinistrMinistrMinistrMinistrMinistry of Ry of Ry of Ry of Ry of Rural Developmentural Developmentural Developmentural Developmentural Development ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 30MinistrMinistrMinistrMinistrMinistry of Enviry of Enviry of Enviry of Enviry of Environmentonmentonmentonmentonment ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 30PPPPPrrrrrovincial Aovincial Aovincial Aovincial Aovincial Authoritiesuthoritiesuthoritiesuthoritiesuthorities ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 31CommitteesCommitteesCommitteesCommitteesCommittees ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 33

National Committee for Land Management, Urbanization and Construction ..... ..... ..... ..... ..... 33National Coastal Steering Committee ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 33Coastal Coordinating Unit ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 36Other Committees and NGOs ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 36

National PNational PNational PNational PNational Policyolicyolicyolicyolicy ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 36FFFFFisheries Pisheries Pisheries Pisheries Pisheries Policyolicyolicyolicyolicy ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 37Industrial Sector PIndustrial Sector PIndustrial Sector PIndustrial Sector PIndustrial Sector Policyolicyolicyolicyolicy ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 37TTTTTourism Pourism Pourism Pourism Pourism Policyolicyolicyolicyolicy ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 37PPPPPolicy of the Ministrolicy of the Ministrolicy of the Ministrolicy of the Ministrolicy of the Ministry of Py of Py of Py of Py of Public Wublic Wublic Wublic Wublic Works and Torks and Torks and Torks and Torks and Transportransportransportransportransport ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 37EnvirEnvirEnvirEnvirEnvironmental Ponmental Ponmental Ponmental Ponmental Policyolicyolicyolicyolicy ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 38

NNNNNAAAAATIONALTIONALTIONALTIONALTIONAL P P P P PLLLLLANNINGANNINGANNINGANNINGANNING ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 38FFFFFisheries Planisheries Planisheries Planisheries Planisheries Plan ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 38Industrial Strategy and PlanningIndustrial Strategy and PlanningIndustrial Strategy and PlanningIndustrial Strategy and PlanningIndustrial Strategy and Planning ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 38TTTTTourism Zoning Strategyourism Zoning Strategyourism Zoning Strategyourism Zoning Strategyourism Zoning Strategy ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 39National EnvirNational EnvirNational EnvirNational EnvirNational Environmental Action Planonmental Action Planonmental Action Planonmental Action Planonmental Action Plan ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 39National WNational WNational WNational WNational Wetland Action Planetland Action Planetland Action Planetland Action Planetland Action Plan ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 39Conservation PlanConservation PlanConservation PlanConservation PlanConservation Plan ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 39

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LLLLLEGALEGALEGALEGALEGAL F F F F FRAMEWORKRAMEWORKRAMEWORKRAMEWORKRAMEWORK ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 39Legislative HierarLegislative HierarLegislative HierarLegislative HierarLegislative Hierarchychychychychy ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 39

The ConstitutionThe ConstitutionThe ConstitutionThe ConstitutionThe Constitution ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 39LLLLLaw (Chbab)aw (Chbab)aw (Chbab)aw (Chbab)aw (Chbab) ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 40KramKramKramKramKram ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 40RRRRRoyal Decroyal Decroyal Decroyal Decroyal Decree (Reach Kree (Reach Kree (Reach Kree (Reach Kree (Reach Kret)et)et)et)et) ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 40DecrDecrDecrDecrDecree (Kree (Kree (Kree (Kree (Kret)et)et)et)et)..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 40Sub-DecrSub-DecrSub-DecrSub-DecrSub-Decree (Anu-Kree (Anu-Kree (Anu-Kree (Anu-Kree (Anu-Kret)et)et)et)et)..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 40Declaration (Ministerial PDeclaration (Ministerial PDeclaration (Ministerial PDeclaration (Ministerial PDeclaration (Ministerial Prakas)rakas)rakas)rakas)rakas) ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 40Decision (Sechkdei SamrDecision (Sechkdei SamrDecision (Sechkdei SamrDecision (Sechkdei SamrDecision (Sechkdei Samrech)ech)ech)ech)ech) ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 40CirCirCirCirCircular (Sarachor)cular (Sarachor)cular (Sarachor)cular (Sarachor)cular (Sarachor) ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 40ArArArArArete (Pete (Pete (Pete (Pete (Prrrrrovincial Deka)ovincial Deka)ovincial Deka)ovincial Deka)ovincial Deka) ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 40CustomarCustomarCustomarCustomarCustomary Ly Ly Ly Ly Lawawawawaw ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 40TTTTTrrrrreaties and Conventionseaties and Conventionseaties and Conventionseaties and Conventionseaties and Conventions ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 40

National Legal FNational Legal FNational Legal FNational Legal FNational Legal Frameworkrameworkrameworkrameworkramework ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 41Historical PHistorical PHistorical PHistorical PHistorical Prrrrrofile of the Cambodian Legal and Institutional Systemofile of the Cambodian Legal and Institutional Systemofile of the Cambodian Legal and Institutional Systemofile of the Cambodian Legal and Institutional Systemofile of the Cambodian Legal and Institutional System ..... ..... ..... ..... ..... ..... ..... ..... 41Constitution of the Kingdom of CambodiaConstitution of the Kingdom of CambodiaConstitution of the Kingdom of CambodiaConstitution of the Kingdom of CambodiaConstitution of the Kingdom of Cambodia ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 41LLLLLand Land Land Land Land Lawawawawaw ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 41LLLLLaw on Law on Law on Law on Law on Land Management, Urbanization and Constructionand Management, Urbanization and Constructionand Management, Urbanization and Constructionand Management, Urbanization and Constructionand Management, Urbanization and Construction ..... ..... ..... ..... ..... ..... ..... ..... ..... 41LLLLLaw on Investmentaw on Investmentaw on Investmentaw on Investmentaw on Investment ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 41LLLLLabor Labor Labor Labor Labor Lawawawawaw ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 42FFFFFisheries Lisheries Lisheries Lisheries Lisheries Lawawawawaw ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 42FFFFForororororestrestrestrestrestry Ly Ly Ly Ly Lawawawawaw ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 43Industrial LIndustrial LIndustrial LIndustrial LIndustrial Lawsawsawsawsaws ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 43

Law on Mineral Exploitation and Mining ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 43Sub-Decree on Industrial and Handicraft Management and Monitoring ..... ..... ..... ..... ..... ..... 43Draft Industrial Zone Act ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 43

TTTTTransport Lransport Lransport Lransport Lransport Lawsawsawsawsaws ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 43Sub-Decree on Private Transport Services ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 43Declaration on the Management of Vehicles and Inland Waterways Transport ..... ..... ..... ..... 43Common Circular on Overloaded Trucks, Especially Logging Trucks ..... ..... ..... ..... ..... ..... 44Declaration on Ship Construction ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 44Declaration on Issuing Business Licenses for Tourist Boats ..... ..... ..... ..... ..... ..... ..... ..... ..... 44Sub-Decree on River Navigation ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 44Draft Declaration with Respect to the Act of Registration of Merchant Ships ..... ..... ..... ..... ..... 44Declaration No. 018 on Overloaded Ferries, Riverboats and Sea-going Vessels ..... ..... ..... ..... 45

TTTTTourism Lourism Lourism Lourism Lourism Lawsawsawsawsaws ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 45Royal Decree on the Establishment of the Ministry of Tourism ..... ..... ..... ..... ..... ..... ..... ..... 45Sub-Decree on the Organization and Functioning of the Ministry of Tourism ..... ..... ..... ..... ..... 45

EnvirEnvirEnvirEnvirEnvironmental Lonmental Lonmental Lonmental Lonmental Lawsawsawsawsaws ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 46Law on Environmental Protection and Natural Resource Management ..... ..... ..... ..... ..... ..... 46Sub-Decree on the Organization and Functioning of the Ministry of Environment . . . 46Royal Decree on the Creation and Designation of Protected Areas ..... ..... ..... ..... ..... ..... ..... 46Sub-Decree on Water Pollution Control ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 46Sub-Decree on Environmental Impact Assessment ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 46

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International and Regional ArrangementsInternational and Regional ArrangementsInternational and Regional ArrangementsInternational and Regional ArrangementsInternational and Regional Arrangements ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 47United Nations Convention on the Law of the SeaUnited Nations Convention on the Law of the SeaUnited Nations Convention on the Law of the SeaUnited Nations Convention on the Law of the SeaUnited Nations Convention on the Law of the Sea ..... ..... ..... ..... ..... ..... ..... ..... ..... 47UNEPUNEPUNEPUNEPUNEP-Coor-Coor-Coor-Coor-Coordinating Body on the Seas of East Asiadinating Body on the Seas of East Asiadinating Body on the Seas of East Asiadinating Body on the Seas of East Asiadinating Body on the Seas of East Asia ..... ..... ..... ..... ..... ..... ..... ..... ..... 48Association of Southeast Asian NationsAssociation of Southeast Asian NationsAssociation of Southeast Asian NationsAssociation of Southeast Asian NationsAssociation of Southeast Asian Nations ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 49Convention on International TConvention on International TConvention on International TConvention on International TConvention on International Trade in Endangerrade in Endangerrade in Endangerrade in Endangerrade in Endangerededededed Species of W Species of W Species of W Species of W Species of Wild Flora and Fild Flora and Fild Flora and Fild Flora and Fild Flora and Fauna (CITES)auna (CITES)auna (CITES)auna (CITES)auna (CITES) ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 49MARPOL ConventionsMARPOL ConventionsMARPOL ConventionsMARPOL ConventionsMARPOL Conventions ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 49Convention on WConvention on WConvention on WConvention on WConvention on Wetlands (Retlands (Retlands (Retlands (Retlands (Ramsaramsaramsaramsaramsar, Iran, 1971), Iran, 1971), Iran, 1971), Iran, 1971), Iran, 1971) ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 50Convention on Biological DiversityConvention on Biological DiversityConvention on Biological DiversityConvention on Biological DiversityConvention on Biological Diversity ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 50UN FUN FUN FUN FUN Framework Convention on Climate Changeramework Convention on Climate Changeramework Convention on Climate Changeramework Convention on Climate Changeramework Convention on Climate Change ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 50

PPPPPOLICOLICOLICOLICOLICYYYYY, L, L, L, L, LEGALEGALEGALEGALEGAL ANDANDANDANDAND O O O O ORGANIZARGANIZARGANIZARGANIZARGANIZATIONALTIONALTIONALTIONALTIONAL C C C C CONSTRAINSTSONSTRAINSTSONSTRAINSTSONSTRAINSTSONSTRAINSTS ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 51PPPPPolicy Constraintsolicy Constraintsolicy Constraintsolicy Constraintsolicy Constraints ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 51Legal ConstraintsLegal ConstraintsLegal ConstraintsLegal ConstraintsLegal Constraints ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 51OrOrOrOrOrganizational Constraintsganizational Constraintsganizational Constraintsganizational Constraintsganizational Constraints ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 52

Human ResourHuman ResourHuman ResourHuman ResourHuman Resources Constraintsces Constraintsces Constraintsces Constraintsces Constraints ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 52LLLLLaw Enforaw Enforaw Enforaw Enforaw Enforcement Constraintscement Constraintscement Constraintscement Constraintscement Constraints ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 52Management System ConstraintsManagement System ConstraintsManagement System ConstraintsManagement System ConstraintsManagement System Constraints ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 52FFFFFinancial Constraintsinancial Constraintsinancial Constraintsinancial Constraintsinancial Constraints ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 53

RRRRRECOMMENDATIONSECOMMENDATIONSECOMMENDATIONSECOMMENDATIONSECOMMENDATIONS ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 53Strategy 1: PStrategy 1: PStrategy 1: PStrategy 1: PStrategy 1: Prrrrromote economic gromote economic gromote economic gromote economic gromote economic growth in the coastal zoneowth in the coastal zoneowth in the coastal zoneowth in the coastal zoneowth in the coastal zone ..... ..... ..... ..... ..... ..... ..... ..... ..... 54Strategy 2: Enhance administrative infrastructurStrategy 2: Enhance administrative infrastructurStrategy 2: Enhance administrative infrastructurStrategy 2: Enhance administrative infrastructurStrategy 2: Enhance administrative infrastructure and develop human re and develop human re and develop human re and develop human re and develop human resouresouresouresouresourcescescescesces ..... ..... ..... ..... 54Strategy 3: Develop laws on coastal zone managementStrategy 3: Develop laws on coastal zone managementStrategy 3: Develop laws on coastal zone managementStrategy 3: Develop laws on coastal zone managementStrategy 3: Develop laws on coastal zone management ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 54Strategy 4: StrStrategy 4: StrStrategy 4: StrStrategy 4: StrStrategy 4: Strengthen law enforengthen law enforengthen law enforengthen law enforengthen law enforcementcementcementcementcement ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 54Strategy 5: PStrategy 5: PStrategy 5: PStrategy 5: PStrategy 5: Prrrrrotect coastal rotect coastal rotect coastal rotect coastal rotect coastal resouresouresouresouresourcescescescesces ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 55Strategy 6: Empower local communities to manage coastal rStrategy 6: Empower local communities to manage coastal rStrategy 6: Empower local communities to manage coastal rStrategy 6: Empower local communities to manage coastal rStrategy 6: Empower local communities to manage coastal resouresouresouresouresourcescescescesces ..... ..... ..... ..... ..... ..... ..... 55

AAAAACKNOWLEDGEMENTCKNOWLEDGEMENTCKNOWLEDGEMENTCKNOWLEDGEMENTCKNOWLEDGEMENT ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 56RRRRREFERENCESEFERENCESEFERENCESEFERENCESEFERENCES ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 56AAAAAPPENDIXPPENDIXPPENDIXPPENDIXPPENDIX ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 57

Coastal RCoastal RCoastal RCoastal RCoastal Resouresouresouresouresources Management in Indonesia: Legal and Institutional Aspectsces Management in Indonesia: Legal and Institutional Aspectsces Management in Indonesia: Legal and Institutional Aspectsces Management in Indonesia: Legal and Institutional Aspectsces Management in Indonesia: Legal and Institutional Aspects ..... ..... ..... 60by Tommy H Purwaka and SunotoAAAAABSTRACTBSTRACTBSTRACTBSTRACTBSTRACT ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 60IIIIINTRODUCTIONNTRODUCTIONNTRODUCTIONNTRODUCTIONNTRODUCTION ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 61

Critical IssuesCritical IssuesCritical IssuesCritical IssuesCritical Issues ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 61Scope and ArScope and ArScope and ArScope and ArScope and Area of Studyea of Studyea of Studyea of Studyea of Study..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 63

MMMMMETHODOLOGYETHODOLOGYETHODOLOGYETHODOLOGYETHODOLOGY ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 63CCCCCHARACTERISTICSHARACTERISTICSHARACTERISTICSHARACTERISTICSHARACTERISTICS OFOFOFOFOF M M M M MARINEARINEARINEARINEARINE R R R R RESOURCESESOURCESESOURCESESOURCESESOURCES ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 64

MangrovesMangrovesMangrovesMangrovesMangroves..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 64Coral RCoral RCoral RCoral RCoral Reefseefseefseefseefs ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 64Seaweeds and SeagrassesSeaweeds and SeagrassesSeaweeds and SeagrassesSeaweeds and SeagrassesSeaweeds and Seagrasses ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 64FFFFFisheriesisheriesisheriesisheriesisheries ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 64Marine TMarine TMarine TMarine TMarine Transportationransportationransportationransportationransportation ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 65Social AspectsSocial AspectsSocial AspectsSocial AspectsSocial Aspects ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 65

PPPPPAAAAATTTTTTERNSTERNSTERNSTERNSTERNS OFOFOFOFOF R R R R RESOURCEESOURCEESOURCEESOURCEESOURCE M M M M MANAGEMENTANAGEMENTANAGEMENTANAGEMENTANAGEMENT ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 65FFFFFishery Rishery Rishery Rishery Rishery Resouresouresouresouresource Managementce Managementce Managementce Managementce Management ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 65Estimates of FEstimates of FEstimates of FEstimates of FEstimates of Fishery Rishery Rishery Rishery Rishery Resouresouresouresouresources, Fces, Fces, Fces, Fces, Fish Tish Tish Tish Tish Types and Their Distributionypes and Their Distributionypes and Their Distributionypes and Their Distributionypes and Their Distribution..... ..... ..... ..... ..... ..... ..... ..... 66Allocation of FAllocation of FAllocation of FAllocation of FAllocation of Fisheries Risheries Risheries Risheries Risheries Resouresouresouresouresources and Quotasces and Quotasces and Quotasces and Quotasces and Quotas ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 66

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PPPPPrrrrreparation of Reparation of Reparation of Reparation of Reparation of Resouresouresouresouresource Allocation Plansce Allocation Plansce Allocation Plansce Allocation Plansce Allocation Plans ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 66Monitoring Monitoring Monitoring Monitoring Monitoring Andon Andon Andon Andon Andon and Migrating Fand Migrating Fand Migrating Fand Migrating Fand Migrating Fishersishersishersishersishers ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 66AgrAgrAgrAgrAgreements on Feements on Feements on Feements on Feements on Fish Aggrish Aggrish Aggrish Aggrish Aggregating Devices egating Devices egating Devices egating Devices egating Devices (rumpon)(rumpon)(rumpon)(rumpon)(rumpon) ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 66AgrAgrAgrAgrAgreements on Conservation Areements on Conservation Areements on Conservation Areements on Conservation Areements on Conservation Areaseaseaseaseas ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 67PPPPPrrrrrotecting Fotecting Fotecting Fotecting Fotecting Fisheries Risheries Risheries Risheries Risheries Resouresouresouresouresourcescescescesces ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 67RRRRResouresouresouresouresource Accessce Accessce Accessce Accessce Access ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 67Management ConstraintsManagement ConstraintsManagement ConstraintsManagement ConstraintsManagement Constraints ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 67

CCCCCASEASEASEASEASE S S S S STUDIESTUDIESTUDIESTUDIESTUDIES ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 68Sulamu VSulamu VSulamu VSulamu VSulamu Village, Killage, Killage, Killage, Killage, Kupang Bayupang Bayupang Bayupang Bayupang Bay ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 68

Natural ResourNatural ResourNatural ResourNatural ResourNatural Resourcescescescesces ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 68Social AspectsSocial AspectsSocial AspectsSocial AspectsSocial Aspects ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 68Management PManagement PManagement PManagement PManagement Patternsatternsatternsatternsatterns ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 69

Resource Access ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 69Constraints ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 70Opportunities ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 71

Ameth VAmeth VAmeth VAmeth VAmeth Village (Nusa Laut, Lease Islands)illage (Nusa Laut, Lease Islands)illage (Nusa Laut, Lease Islands)illage (Nusa Laut, Lease Islands)illage (Nusa Laut, Lease Islands) ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 71Natural ResourNatural ResourNatural ResourNatural ResourNatural Resourcescescescesces ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 72Social AspectsSocial AspectsSocial AspectsSocial AspectsSocial Aspects ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 72Management PManagement PManagement PManagement PManagement Patternsatternsatternsatternsatterns ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 73

Resource Access ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 73Constraints ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 73Opportunities ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 74

KKKKKampung Laut, Segara Anakanampung Laut, Segara Anakanampung Laut, Segara Anakanampung Laut, Segara Anakanampung Laut, Segara Anakan ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 74Natural ResourNatural ResourNatural ResourNatural ResourNatural Resourcescescescesces ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 75Social AspectsSocial AspectsSocial AspectsSocial AspectsSocial Aspects ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 75Management PManagement PManagement PManagement PManagement Patternsatternsatternsatternsatterns ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 76

Resource Access ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 76Constraints ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 76Opportunities..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 77

LLLLLEGALEGALEGALEGALEGAL ANDANDANDANDAND I I I I INSTITUTIONALNSTITUTIONALNSTITUTIONALNSTITUTIONALNSTITUTIONAL A A A A ARRANGEMENTSRRANGEMENTSRRANGEMENTSRRANGEMENTSRRANGEMENTS ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 77Legal AspectsLegal AspectsLegal AspectsLegal AspectsLegal Aspects ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 77

The WThe WThe WThe WThe Written Lritten Lritten Lritten Lritten Lawsawsawsawsaws ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 77The Unwritten LThe Unwritten LThe Unwritten LThe Unwritten LThe Unwritten Lawsawsawsawsaws ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 80

Institutional AspectsInstitutional AspectsInstitutional AspectsInstitutional AspectsInstitutional Aspects ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 82Institutional Arrangements at the National LevelInstitutional Arrangements at the National LevelInstitutional Arrangements at the National LevelInstitutional Arrangements at the National LevelInstitutional Arrangements at the National Level ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 82

Fisheries ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 82Mangroves ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 82Coral Reefs ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 84

Institutional Arrangements at the Regional LevelInstitutional Arrangements at the Regional LevelInstitutional Arrangements at the Regional LevelInstitutional Arrangements at the Regional LevelInstitutional Arrangements at the Regional Level ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 85Institutional Arrangements at the VInstitutional Arrangements at the VInstitutional Arrangements at the VInstitutional Arrangements at the VInstitutional Arrangements at the Village Levelillage Levelillage Levelillage Levelillage Level ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 85

AAAAASSESSMENTSSESSMENTSSESSMENTSSESSMENTSSESSMENT OFOFOFOFOF M M M M MARINEARINEARINEARINEARINE R R R R RESOURCESESOURCESESOURCESESOURCESESOURCES M M M M MANAGEMENTANAGEMENTANAGEMENTANAGEMENTANAGEMENT ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 86PPPPPatternsatternsatternsatternsatterns ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 86Planning and OrPlanning and OrPlanning and OrPlanning and OrPlanning and Organizingganizingganizingganizingganizing ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 88ActuatingActuatingActuatingActuatingActuating ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 88ControllingControllingControllingControllingControlling ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 88Integrating EffortsIntegrating EffortsIntegrating EffortsIntegrating EffortsIntegrating Efforts ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 89

CCCCCONCLONCLONCLONCLONCLUSIONUSIONUSIONUSIONUSION ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 89

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Integrated Coastal and Marine Resources ManagementIntegrated Coastal and Marine Resources ManagementIntegrated Coastal and Marine Resources ManagementIntegrated Coastal and Marine Resources ManagementIntegrated Coastal and Marine Resources Management ..... ..... ..... ..... ..... ..... ..... ..... 89Establishing Integrated PEstablishing Integrated PEstablishing Integrated PEstablishing Integrated PEstablishing Integrated Policyolicyolicyolicyolicy ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 89DecentralizationDecentralizationDecentralizationDecentralizationDecentralization ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 89ImprImprImprImprImproving Management Systemsoving Management Systemsoving Management Systemsoving Management Systemsoving Management Systems ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 89Empowering Local CommunitiesEmpowering Local CommunitiesEmpowering Local CommunitiesEmpowering Local CommunitiesEmpowering Local Communities ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 90

RRRRREFERENCESEFERENCESEFERENCESEFERENCESEFERENCES ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 90

CommunityCommunityCommunityCommunityCommunity-----Based ApprBased ApprBased ApprBased ApprBased Approaches to Marine and Coastal Roaches to Marine and Coastal Roaches to Marine and Coastal Roaches to Marine and Coastal Roaches to Marine and Coastal Resouresouresouresouresources Management in theces Management in theces Management in theces Management in theces Management in the Philippines: A P Philippines: A P Philippines: A P Philippines: A P Philippines: A Policy Policy Policy Policy Policy Perspectiveerspectiveerspectiveerspectiveerspective ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 91

by Antonio G.M. La ViñaAAAAABSTRACTBSTRACTBSTRACTBSTRACTBSTRACT ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 91IIIIINTRODUCTIONNTRODUCTIONNTRODUCTIONNTRODUCTIONNTRODUCTION ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 91MMMMMETHODOLOGETHODOLOGETHODOLOGETHODOLOGETHODOLOGYYYYY ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 92UUUUUSESSESSESSESSES OFOFOFOFOF C C C C COAOAOAOAOASTSTSTSTSTALALALALAL R R R R RESOURCESESOURCESESOURCESESOURCESESOURCES ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 92

FFFFFishing and Aquaculturishing and Aquaculturishing and Aquaculturishing and Aquaculturishing and Aquacultureeeee ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 92AgriculturAgriculturAgriculturAgriculturAgriculture and Fe and Fe and Fe and Fe and Forororororestryestryestryestryestry ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 93MiningMiningMiningMiningMining ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 94PPPPPrrrrrotected Arotected Arotected Arotected Arotected Areaseaseaseaseas ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 94TTTTTourismourismourismourismourism ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 94Shipping and PShipping and PShipping and PShipping and PShipping and Ports Developmentorts Developmentorts Developmentorts Developmentorts Development ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 94IndustryIndustryIndustryIndustryIndustry ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 95Urban DevelopmentUrban DevelopmentUrban DevelopmentUrban DevelopmentUrban Development ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 95WWWWWaste Disposalaste Disposalaste Disposalaste Disposalaste Disposal ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 95

MMMMMANAGEMENTANAGEMENTANAGEMENTANAGEMENTANAGEMENT I I I I ISSSSSSUESSUESSUESSUESSUES INININININ THETHETHETHETHE C C C C COAOAOAOAOASTSTSTSTSTALALALALAL Z Z Z Z ZONEONEONEONEONE ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 95OOOOOVERVIEWVERVIEWVERVIEWVERVIEWVERVIEW OFOFOFOFOF THETHETHETHETHE L L L L LEGALEGALEGALEGALEGAL ANDANDANDANDAND P P P P POLICYOLICYOLICYOLICYOLICY F F F F FRAMEWORKRAMEWORKRAMEWORKRAMEWORKRAMEWORK ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 97

Historical PHistorical PHistorical PHistorical PHistorical Perspectiveerspectiveerspectiveerspectiveerspective ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 97FFFFFisheries and Coastal Risheries and Coastal Risheries and Coastal Risheries and Coastal Risheries and Coastal Resouresouresouresouresources Managementces Managementces Managementces Managementces Management ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 98Management of the Coastal EnvironmentManagement of the Coastal EnvironmentManagement of the Coastal EnvironmentManagement of the Coastal EnvironmentManagement of the Coastal Environment ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 99

Environmental Impact Assessment SystemEnvironmental Impact Assessment SystemEnvironmental Impact Assessment SystemEnvironmental Impact Assessment SystemEnvironmental Impact Assessment System ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 100PPPPPollution Controllution Controllution Controllution Controllution Contrololololol ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 100

Institutional ArrangementsInstitutional ArrangementsInstitutional ArrangementsInstitutional ArrangementsInstitutional Arrangements ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 101Assessment of Agencies Involved in Coastal ManagementAssessment of Agencies Involved in Coastal ManagementAssessment of Agencies Involved in Coastal ManagementAssessment of Agencies Involved in Coastal ManagementAssessment of Agencies Involved in Coastal Management ..... ..... ..... ..... ..... ..... ..... ..... 101Devolution to Local GovernmentsDevolution to Local GovernmentsDevolution to Local GovernmentsDevolution to Local GovernmentsDevolution to Local Governments ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 104Institutional IntegrationInstitutional IntegrationInstitutional IntegrationInstitutional IntegrationInstitutional Integration ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 104PPPPPublic Public Public Public Public Participationarticipationarticipationarticipationarticipation ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 105

SummarySummarySummarySummarySummary ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 106CCCCCOMMUNITYOMMUNITYOMMUNITYOMMUNITYOMMUNITY-----BBBBBAAAAASEDSEDSEDSEDSED R R R R RESOURCEESOURCEESOURCEESOURCEESOURCE M M M M MANAGEMENTANAGEMENTANAGEMENTANAGEMENTANAGEMENT: F: F: F: F: FOUROUROUROUROUR C C C C CAAAAASESESESESE S S S S STUDIESTUDIESTUDIESTUDIESTUDIES ..... ..... ..... ..... ..... ..... ..... ..... 106

Historical PHistorical PHistorical PHistorical PHistorical Perspectiveerspectiveerspectiveerspectiveerspective ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 106Rationale for Community-based Resource ManagementRationale for Community-based Resource ManagementRationale for Community-based Resource ManagementRationale for Community-based Resource ManagementRationale for Community-based Resource Management ..... ..... ..... ..... ..... ..... ..... ..... 106CorCorCorCorCoron Island, Pon Island, Pon Island, Pon Island, Pon Island, Palawanalawanalawanalawanalawan ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 107

Environmental ProfileEnvironmental ProfileEnvironmental ProfileEnvironmental ProfileEnvironmental Profile ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 107Indigenous Use and Management of the Coastal and AIndigenous Use and Management of the Coastal and AIndigenous Use and Management of the Coastal and AIndigenous Use and Management of the Coastal and AIndigenous Use and Management of the Coastal and Aquatic/Fquatic/Fquatic/Fquatic/Fquatic/Fisherisherisherisherishery Resoury Resoury Resoury Resoury Resourcescescescesces ..... ..... 108Issues in Resource Use and ManagementIssues in Resource Use and ManagementIssues in Resource Use and ManagementIssues in Resource Use and ManagementIssues in Resource Use and Management ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 111Managing Conflicts and Decision-Making ProcessesManaging Conflicts and Decision-Making ProcessesManaging Conflicts and Decision-Making ProcessesManaging Conflicts and Decision-Making ProcessesManaging Conflicts and Decision-Making Processes ..... ..... ..... ..... ..... ..... ..... ..... ..... 112The Interface Between the National Legal System and the Management System of theThe Interface Between the National Legal System and the Management System of theThe Interface Between the National Legal System and the Management System of theThe Interface Between the National Legal System and the Management System of theThe Interface Between the National Legal System and the Management System of the T T T T Tagbanuas in Coragbanuas in Coragbanuas in Coragbanuas in Coragbanuas in Coron Islandon Islandon Islandon Islandon Island ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 112

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Apo Island, Negros OrientalApo Island, Negros OrientalApo Island, Negros OrientalApo Island, Negros OrientalApo Island, Negros Oriental ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 113Environmental ProfileEnvironmental ProfileEnvironmental ProfileEnvironmental ProfileEnvironmental Profile ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 113Resource Status and DemographicsResource Status and DemographicsResource Status and DemographicsResource Status and DemographicsResource Status and Demographics ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 114Resource UseResource UseResource UseResource UseResource Use ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 115Community-Based Resource ManagementCommunity-Based Resource ManagementCommunity-Based Resource ManagementCommunity-Based Resource ManagementCommunity-Based Resource Management ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 115The Legal FThe Legal FThe Legal FThe Legal FThe Legal Frameworkrameworkrameworkrameworkramework ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 116Management Issues and ConstraintsManagement Issues and ConstraintsManagement Issues and ConstraintsManagement Issues and ConstraintsManagement Issues and Constraints ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 117

Bolinao, PBolinao, PBolinao, PBolinao, PBolinao, Pangasinanangasinanangasinanangasinanangasinan ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 119Environmental ProfileEnvironmental ProfileEnvironmental ProfileEnvironmental ProfileEnvironmental Profile ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 119The Bolinao Community-Based Coastal Resources Management ProjectThe Bolinao Community-Based Coastal Resources Management ProjectThe Bolinao Community-Based Coastal Resources Management ProjectThe Bolinao Community-Based Coastal Resources Management ProjectThe Bolinao Community-Based Coastal Resources Management Project ..... ..... ..... ..... 121FFFFFormation of Community Orormation of Community Orormation of Community Orormation of Community Orormation of Community Organizationsganizationsganizationsganizationsganizations ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 121The Bolinao Municipal Coastal Development Plan (MCDP): FThe Bolinao Municipal Coastal Development Plan (MCDP): FThe Bolinao Municipal Coastal Development Plan (MCDP): FThe Bolinao Municipal Coastal Development Plan (MCDP): FThe Bolinao Municipal Coastal Development Plan (MCDP): Frrrrrom CB-CRM to ICMom CB-CRM to ICMom CB-CRM to ICMom CB-CRM to ICMom CB-CRM to ICM ..... 123Local Management Arrangements in BolinaoLocal Management Arrangements in BolinaoLocal Management Arrangements in BolinaoLocal Management Arrangements in BolinaoLocal Management Arrangements in Bolinao ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 124The Bolinao Coastal Development Plan: StrThe Bolinao Coastal Development Plan: StrThe Bolinao Coastal Development Plan: StrThe Bolinao Coastal Development Plan: StrThe Bolinao Coastal Development Plan: Strengths and Opportunitiesengths and Opportunitiesengths and Opportunitiesengths and Opportunitiesengths and Opportunities ..... ..... ..... ..... ..... 125

Batangas BayBatangas BayBatangas BayBatangas BayBatangas Bay, Batangas, Batangas, Batangas, Batangas, Batangas ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 126Environmental ProfileEnvironmental ProfileEnvironmental ProfileEnvironmental ProfileEnvironmental Profile ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 126Legal and PLegal and PLegal and PLegal and PLegal and Policy Folicy Folicy Folicy Folicy Frameworkrameworkrameworkrameworkramework ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 127The Integrated Coastal Management FThe Integrated Coastal Management FThe Integrated Coastal Management FThe Integrated Coastal Management FThe Integrated Coastal Management Frameworkrameworkrameworkrameworkramework ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 128“Community-Based” Management“Community-Based” Management“Community-Based” Management“Community-Based” Management“Community-Based” Management ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 129

Summary of Lessons LearnedSummary of Lessons LearnedSummary of Lessons LearnedSummary of Lessons LearnedSummary of Lessons Learned ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 129RRRRROLEOLEOLEOLEOLE OFOFOFOFOF I I I I INTERNATIONALNTERNATIONALNTERNATIONALNTERNATIONALNTERNATIONAL ANDANDANDANDAND R R R R REGIONALEGIONALEGIONALEGIONALEGIONAL A A A A AGREEMENTSGREEMENTSGREEMENTSGREEMENTSGREEMENTS ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 130

The Rio Declaration and Agenda 21The Rio Declaration and Agenda 21The Rio Declaration and Agenda 21The Rio Declaration and Agenda 21The Rio Declaration and Agenda 21 ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 130The UN Law of the Sea ConventionThe UN Law of the Sea ConventionThe UN Law of the Sea ConventionThe UN Law of the Sea ConventionThe UN Law of the Sea Convention ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 131IMO ConventionsIMO ConventionsIMO ConventionsIMO ConventionsIMO Conventions ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 133The Convention on Biological DiversityThe Convention on Biological DiversityThe Convention on Biological DiversityThe Convention on Biological DiversityThe Convention on Biological Diversity ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 133Other AgreementsOther AgreementsOther AgreementsOther AgreementsOther Agreements ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 133Regional AgreementsRegional AgreementsRegional AgreementsRegional AgreementsRegional Agreements ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 134SummarySummarySummarySummarySummary ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 137

IIIIINTEGRANTEGRANTEGRANTEGRANTEGRATINGTINGTINGTINGTING C C C C COMMUNITYOMMUNITYOMMUNITYOMMUNITYOMMUNITY-----BBBBBAAAAASEDSEDSEDSEDSED R R R R RESOURCEESOURCEESOURCEESOURCEESOURCE M M M M MANAGEMENTANAGEMENTANAGEMENTANAGEMENTANAGEMENT: : : : : THETHETHETHETHE S S S S STTTTTAAAAATETETETETE OFOFOFOFOF P P P P PLLLLLAAAAAYYYYY INININININ THETHETHETHETHE P P P P PHILIPPINESHILIPPINESHILIPPINESHILIPPINESHILIPPINES ..... 137CCCCCONCLONCLONCLONCLONCLUSIONUSIONUSIONUSIONUSION ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 139AAAAACKNOWLEDGMENTCKNOWLEDGMENTCKNOWLEDGMENTCKNOWLEDGMENTCKNOWLEDGMENT ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 140RRRRREFERENCESEFERENCESEFERENCESEFERENCESEFERENCES ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 141

Institutional and PInstitutional and PInstitutional and PInstitutional and PInstitutional and Policy Policy Policy Policy Policy Perspectives in the Management of Ferspectives in the Management of Ferspectives in the Management of Ferspectives in the Management of Ferspectives in the Management of Fisheries andisheries andisheries andisheries andisheries andCoastalCoastalCoastalCoastalCoastal RRRRResouresouresouresouresources in Thailandces in Thailandces in Thailandces in Thailandces in Thailand ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 143

by Ayut Nissapa, Awae Masae, Somsak Boromthanarat and Vichot JungrungrotAAAAABSTRACTBSTRACTBSTRACTBSTRACTBSTRACT ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 143IIIIINTRODUCTIONNTRODUCTIONNTRODUCTIONNTRODUCTIONNTRODUCTION ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 143

MethodologyMethodologyMethodologyMethodologyMethodology ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 144A Supply and Demand PA Supply and Demand PA Supply and Demand PA Supply and Demand PA Supply and Demand Paradigmaradigmaradigmaradigmaradigm ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 144The Thai PThe Thai PThe Thai PThe Thai PThe Thai Political Economy Systemolitical Economy Systemolitical Economy Systemolitical Economy Systemolitical Economy System ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 145A Matrix ApproachA Matrix ApproachA Matrix ApproachA Matrix ApproachA Matrix Approach ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 145Logical FLogical FLogical FLogical FLogical Framework Apprramework Apprramework Apprramework Apprramework Approach (LFoach (LFoach (LFoach (LFoach (LFA)A)A)A)A) ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 145Data CollectionData CollectionData CollectionData CollectionData Collection ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 146InterviewsInterviewsInterviewsInterviewsInterviews ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 146

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RRRRRESOURCEESOURCEESOURCEESOURCEESOURCE S S S S STTTTTAAAAATUSTUSTUSTUSTUS ANDANDANDANDAND I I I I ISSSSSSUESSUESSUESSUESSUES ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 146Demand-side FDemand-side FDemand-side FDemand-side FDemand-side Fisheries and Coastal Risheries and Coastal Risheries and Coastal Risheries and Coastal Risheries and Coastal Resouresouresouresouresources (DSFCR)ces (DSFCR)ces (DSFCR)ces (DSFCR)ces (DSFCR) ..... ..... ..... ..... ..... ..... ..... ..... 146

Human DemandHuman DemandHuman DemandHuman DemandHuman Demand ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 146Natural Resources DemandNatural Resources DemandNatural Resources DemandNatural Resources DemandNatural Resources Demand ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 147Coastal ACoastal ACoastal ACoastal ACoastal Aquaculturquaculturquaculturquaculturquacultureeeee ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 147

SupplySupplySupplySupplySupply-side F-side F-side F-side F-side Fisheries and Coastal Risheries and Coastal Risheries and Coastal Risheries and Coastal Risheries and Coastal Resouresouresouresouresources (Sces (Sces (Sces (Sces (SSFCR)SFCR)SFCR)SFCR)SFCR) ..... ..... ..... ..... ..... ..... ..... ..... 148Marine CapturMarine CapturMarine CapturMarine CapturMarine Capture Fe Fe Fe Fe Fisheriesisheriesisheriesisheriesisheries ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 148Deep-Sea FDeep-Sea FDeep-Sea FDeep-Sea FDeep-Sea Fisheriesisheriesisheriesisheriesisheries ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 149MangrMangrMangrMangrMangrovesovesovesovesoves ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 149Coastal MineralsCoastal MineralsCoastal MineralsCoastal MineralsCoastal Minerals ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 150Coastal TCoastal TCoastal TCoastal TCoastal Tourismourismourismourismourism ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 150

Case StudyCase StudyCase StudyCase StudyCase Study: Shrimp W: Shrimp W: Shrimp W: Shrimp W: Shrimp Wastewater Co-Management in Ban Kwain Huk, Chantaburi Pastewater Co-Management in Ban Kwain Huk, Chantaburi Pastewater Co-Management in Ban Kwain Huk, Chantaburi Pastewater Co-Management in Ban Kwain Huk, Chantaburi Pastewater Co-Management in Ban Kwain Huk, Chantaburi Prrrrrovinceovinceovinceovinceovince ..... ..... 151Co-management ApprCo-management ApprCo-management ApprCo-management ApprCo-management Approaches for the Management of Shrimp Woaches for the Management of Shrimp Woaches for the Management of Shrimp Woaches for the Management of Shrimp Woaches for the Management of Shrimp Wastesastesastesastesastes ..... ..... ..... ..... ..... ..... ..... ..... 153

Strategy One: Prepare procedures to eliminate existing sources of sludge, sediment and other pollutants entering the water channels ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 153Strategy Two: Legislate rules to prevent sludge and sediment from entering water channels ..... ..... 153Strategy Three: Conduct problem/solution workshops to identify long-term solutions ..... ..... ..... 154Strategy Four: Plant mangroves along the inner edges of the water channels ..... ..... ..... ..... ..... 154Strategy Five: Conduct farm production trials ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 154Strategy Six: Remove sludge ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 155

NNNNNAAAAATIONALTIONALTIONALTIONALTIONAL P P P P POLICIESOLICIESOLICIESOLICIESOLICIES, P, P, P, P, PLLLLLANSANSANSANSANS, L, L, L, L, LAAAAAWSWSWSWSWS ANDANDANDANDAND I I I I INSTITUTIONSNSTITUTIONSNSTITUTIONSNSTITUTIONSNSTITUTIONS ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 155Historical Development of PHistorical Development of PHistorical Development of PHistorical Development of PHistorical Development of Policies, Plans, Laws and Institutionsolicies, Plans, Laws and Institutionsolicies, Plans, Laws and Institutionsolicies, Plans, Laws and Institutionsolicies, Plans, Laws and Institutions ..... ..... ..... ..... ..... ..... ..... ..... 155Public Administration Systems and National PPublic Administration Systems and National PPublic Administration Systems and National PPublic Administration Systems and National PPublic Administration Systems and National Policiesoliciesoliciesoliciesolicies ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 157

National PNational PNational PNational PNational Policiesoliciesoliciesoliciesolicies ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 157National PlansNational PlansNational PlansNational PlansNational Plans ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 159

National Laws, RNational Laws, RNational Laws, RNational Laws, RNational Laws, Regulations and Institutionsegulations and Institutionsegulations and Institutionsegulations and Institutionsegulations and Institutions ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 159Case StudyCase StudyCase StudyCase StudyCase Study: Law Enfor: Law Enfor: Law Enfor: Law Enfor: Law Enforcement in Fcement in Fcement in Fcement in Fcement in Fisheries and Coastal Risheries and Coastal Risheries and Coastal Risheries and Coastal Risheries and Coastal Resouresouresouresouresources in Laem Tces in Laem Tces in Laem Tces in Laem Tces in Laem Talumpukalumpukalumpukalumpukalumpuk ..... ..... ..... 160

LLLLLaw Enforaw Enforaw Enforaw Enforaw Enforcement Strategies for the Fcement Strategies for the Fcement Strategies for the Fcement Strategies for the Fcement Strategies for the Fisheries and Coastal Resourisheries and Coastal Resourisheries and Coastal Resourisheries and Coastal Resourisheries and Coastal Resource Managementce Managementce Managementce Managementce Management ..... ..... ..... ..... ..... 163Strategy One: Support cooperation among stakeholders ..... ..... ..... ..... ..... ..... ..... ..... ..... 164Strategy Two: Provide information on resource status, policies, plans, laws and regulations and make it available to the public ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 165Strategy Three: Establish a feedback system ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 165Strategy Four: Accelerate the process of issuing legislation in accordance with the New Constitution of the Kingdom of Thailand ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 165

LLLLLOCALOCALOCALOCALOCAL U U U U USESESESESE ANDANDANDANDAND M M M M MANAGEMENTANAGEMENTANAGEMENTANAGEMENTANAGEMENT OFOFOFOFOF F F F F FISHERIESISHERIESISHERIESISHERIESISHERIES ANDANDANDANDAND C C C C COAOAOAOAOASTSTSTSTSTALALALALAL R R R R RESOURCESESOURCESESOURCESESOURCESESOURCES ..... ..... ..... ..... ..... ..... ..... 166Local Ownership and Resource Use Rights RegimesLocal Ownership and Resource Use Rights RegimesLocal Ownership and Resource Use Rights RegimesLocal Ownership and Resource Use Rights RegimesLocal Ownership and Resource Use Rights Regimes ..... ..... ..... ..... ..... ..... ..... ..... ..... 166

FFFFFisherisherisherisherishery Resoury Resoury Resoury Resoury Resources and Aces and Aces and Aces and Aces and Aquaculturquaculturquaculturquaculturquacultureeeee ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 166MangrMangrMangrMangrMangrove Fove Fove Fove Fove Forororororestsestsestsestsests ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 167Coastal LandsCoastal LandsCoastal LandsCoastal LandsCoastal Lands ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 167WWWWWater Resourater Resourater Resourater Resourater Resourcescescescesces ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 167Coastal TCoastal TCoastal TCoastal TCoastal Tourismourismourismourismourism ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 168Coastal MineralsCoastal MineralsCoastal MineralsCoastal MineralsCoastal Minerals ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 168Cultural HeritageCultural HeritageCultural HeritageCultural HeritageCultural Heritage ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 168

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Local ApprLocal ApprLocal ApprLocal ApprLocal Approaches with State Involvement in Foaches with State Involvement in Foaches with State Involvement in Foaches with State Involvement in Foaches with State Involvement in Fisheries and Coastal Risheries and Coastal Risheries and Coastal Risheries and Coastal Risheries and Coastal Resouresouresouresouresources Managementces Managementces Managementces Managementces Management ..... 169Case StudyCase StudyCase StudyCase StudyCase Study: Local Initiatives in F: Local Initiatives in F: Local Initiatives in F: Local Initiatives in F: Local Initiatives in Fisheries and Coastal Risheries and Coastal Risheries and Coastal Risheries and Coastal Risheries and Coastal Resouresouresouresouresource Management ince Management ince Management ince Management ince Management in Ban Laem Makham, T Ban Laem Makham, T Ban Laem Makham, T Ban Laem Makham, T Ban Laem Makham, Trang Prang Prang Prang Prang Prrrrrovinceovinceovinceovinceovince ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 169

Co-management ApprCo-management ApprCo-management ApprCo-management ApprCo-management Approaches for the Management of Foaches for the Management of Foaches for the Management of Foaches for the Management of Foaches for the Management of Fisheries and Resourisheries and Resourisheries and Resourisheries and Resourisheries and Resources Under the Pces Under the Pces Under the Pces Under the Pces Under the Prrrrresentesentesentesentesent Decentralization Process Decentralization Process Decentralization Process Decentralization Process Decentralization Process ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 170

Strategy One: Encourage the adoption and use of local initiatives by means of indigenous knowledge and social cooperation ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 171Strategy Two: Establish a network to share experiences on implementing local initiatives to manage fisheries and coastal resources ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 172Strategy Three: Disseminate information ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 172

IIIIINTERNANTERNANTERNANTERNANTERNATIONALTIONALTIONALTIONALTIONAL I I I I INVNVNVNVNVOLOLOLOLOLVEMENTVEMENTVEMENTVEMENTVEMENT ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 173TTTTTypes of International Involvementypes of International Involvementypes of International Involvementypes of International Involvementypes of International Involvement ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 173

UNCLOS and the Coastal ZoneUNCLOS and the Coastal ZoneUNCLOS and the Coastal ZoneUNCLOS and the Coastal ZoneUNCLOS and the Coastal Zone ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 173Joint VJoint VJoint VJoint VJoint Venturenturenturenturentureseseseses ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 174Deep-Sea FDeep-Sea FDeep-Sea FDeep-Sea FDeep-Sea Fisheriesisheriesisheriesisheriesisheries ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 175Regional and International TRegional and International TRegional and International TRegional and International TRegional and International Tourismourismourismourismourism ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 175Indonesia-Malaysia-Indonesia-Malaysia-Indonesia-Malaysia-Indonesia-Malaysia-Indonesia-Malaysia-Thailand GrThailand GrThailand GrThailand GrThailand Growth Towth Towth Towth Towth Triangle (IMTriangle (IMTriangle (IMTriangle (IMTriangle (IMT-G-G-G-G-GT) Development PT) Development PT) Development PT) Development PT) Development Prrrrrojectojectojectojectoject ..... ..... 176Joint Development ArJoint Development ArJoint Development ArJoint Development ArJoint Development Area (JDea (JDea (JDea (JDea (JDA)A)A)A)A) ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 176WWWWWorld Torld Torld Torld Torld Trade Orrade Orrade Orrade Orrade Organization (WTO) and Tganization (WTO) and Tganization (WTO) and Tganization (WTO) and Tganization (WTO) and Trade Restrictionsrade Restrictionsrade Restrictionsrade Restrictionsrade Restrictions ..... ..... ..... ..... ..... ..... ..... 177

Case StudyCase StudyCase StudyCase StudyCase Study: International Involvement in F: International Involvement in F: International Involvement in F: International Involvement in F: International Involvement in Fisheries and Coastal Risheries and Coastal Risheries and Coastal Risheries and Coastal Risheries and Coastal Resouresouresouresouresources Management inces Management inces Management inces Management inces Management in T T T T Tarutao Marine National Parutao Marine National Parutao Marine National Parutao Marine National Parutao Marine National Park, Satun Park, Satun Park, Satun Park, Satun Park, Satun Prrrrrovinceovinceovinceovinceovince ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 177

Management ApprManagement ApprManagement ApprManagement ApprManagement Approach for Toach for Toach for Toach for Toach for Tarutao Marine National Parutao Marine National Parutao Marine National Parutao Marine National Parutao Marine National Parkarkarkarkark ..... ..... ..... ..... ..... ..... ..... 178Strategy One: Collect and compile all existing information from several ongoing projects and international cooperation ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 178Strategy Two: Strengthen the local administration to be able to work with central line agencies in Thailand and the Malaysian local government ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 178Strategy Three: Design a joint development plan for the short, medium and long terms ..... ..... ..... 180

TTTTTOWOWOWOWOWARDSARDSARDSARDSARDS B B B B BETETETETETTERTERTERTERTER M M M M MANAGEMENTANAGEMENTANAGEMENTANAGEMENTANAGEMENT OFOFOFOFOF F F F F FISHERIESISHERIESISHERIESISHERIESISHERIES ANDANDANDANDAND C C C C COAOAOAOAOASTSTSTSTSTALALALALAL R R R R RESOURCESESOURCESESOURCESESOURCESESOURCES ..... ..... ..... ..... ..... ..... 180RRRRREFERENCESEFERENCESEFERENCESEFERENCESEFERENCES ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 181

Author/Editor IndexAuthor/Editor IndexAuthor/Editor IndexAuthor/Editor IndexAuthor/Editor Index ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 183

Geographical IndexGeographical IndexGeographical IndexGeographical IndexGeographical Index ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 185

Species IndexSpecies IndexSpecies IndexSpecies IndexSpecies Index ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 192

Subject IndexSubject IndexSubject IndexSubject IndexSubject Index ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... 196

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FFFFForororororeworeworeworeworewordddddThe appropriate governance of the fisheries and coastal resources in Southeast Asia has always been a

challenge to institutions and groups charged with responsibility for these resources and their productiveexploitation. This involves principally national governments, but increasingly non-government organizations,people’s organizations, bilateral/multilateral aid agencies, and regional organizations based in the region. Thetypes and extent of resources to be managed are wide, the issues to be tackled are diverse, although ofteninterdependent, and most of the governments in the region are simultaneously challenged by other priorities.

ICLARM-The World Fish Center, an international research organization based in the region, seeks tocontribute to promoting sustainable management of fisheries and coastal resources in order to enhance thewell-being of present and future generations of poor people in the developing world. One mechanism bywhich sustainable management can be achieved is through the development of institutional arrangements thataddress the underlying problems besetting the region’s fisheries and coastal resources. The need is to developrational distribution of authority for monitoring planned management and integrated action for the benefit ofthe resources and the people who depend upon them. In 1996-1998, ICLARM, with funding provided by theSwedish International Development Agency (Sida), implemented a study on the institutional, legal and policyperspectives of managing fisheries and coastal resources in Cambodia, Indonesia, Philippines and Thailand.This publication gathers together all the case studies undertaken in these countries into one volume andhighlights the important institutional and policy challenges, demands and dilemmas in achieving sustainablemanagement of fisheries and coastal resources. Interesting questions are raised and new recommendations aremade.

We hope that this volume will help highlight the intricate roles of institutions in sustainable fisheries andcoastal resources governance and provide contributions to the way forward. Furthermore, we wish that re-searchers, policymakers and donors would heed the demands for more studies on the important role institutionsplay in management.

PPPPPeter R Gareter R Gareter R Gareter R Gareter R GardinerdinerdinerdinerdinerDeputy DirDeputy DirDeputy DirDeputy DirDeputy Director General – Science Quality Assurance and Pector General – Science Quality Assurance and Pector General – Science Quality Assurance and Pector General – Science Quality Assurance and Pector General – Science Quality Assurance and Prrrrroject Developmentoject Developmentoject Developmentoject Developmentoject DevelopmentICLICLICLICLICLARM – The WARM – The WARM – The WARM – The WARM – The World Forld Forld Forld Forld Fish Centerish Centerish Centerish Centerish Center

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PPPPPrrrrreface and Acknowledgementeface and Acknowledgementeface and Acknowledgementeface and Acknowledgementeface and AcknowledgementThe aim of this volume is to highlight important challenges, demands and dilemmas in fisheries and

coastal resources management in the countries through a case study involving four countries – Cambodia,Indonesia, Philippines and Thailand. The focus is on the fisheries sector, being a major resource sector in thecoastal regions. In 1996-1998, ICLARM - The World Fish Center, in collaboration with the World ResourcesInstitute (in the case of Indonesia and the Philippines) and national partners, conducted country studies onthe institutional, legal and policy perspectives of managing fisheries and coastal resources in Cambodia,Indonesia, Philippines, and Thailand. A case study of Bangladesh was also conducted but is not included hereas it belongs to another region.

A final workshop was held in Hat Yai, Southern Thailand in 1998 among all case study writers/authors toreport on their progress and discuss key issues in their cases. Vietnam, through its Continental Shelf Commit-tee, also participated in the workshop. The discussions were fruitful and informed a lot the final outcome ofthe case studies. In Cambodia after the case studies were completed, a workshop was held among majorstakeholders comprising representatives from major government agencies, provincial governments, bilateraland multilateral donors and the NGO community. The participants decided to append the results of theworkshop to the case study document in order to show the discussions, concurrence, and recommendations ofthe workshop participants.

The results of the case studies were originally published as working papers in order to disseminate themto a wide audience and to gather comments and feedback. These comments and feedback were incorporatedin the revised versions that appear in this volume. In general, the format of the case studies is the same exceptfor some minor differences in the approach. The case studies were then edited to make them appropriate forthis volume. Except for the editing done when the case studies were first published as working papers, theediting done for the chapters in this volume was not returned to the authors for their comments due to timeconstraints. However, much effort was made to be as faithful as possible to the original text and nuance of theauthors.

External reviewers were able to review some of the chapters, while this volume as a whole benefited fromcomments made by colleagues at ICLARM. That being said, the editors would like to emphasize that anyeditorial shortcomings that may have found their way into the final publication are entirely of the editorsthemselves and not someone else.

We would like to gratefully acknowledge those who read some chapters of this volume and who providedcomments for their improvement. We would like to especially mention Ipat Luna, Peter Larmour, and BlakeRatner. We are indebted to Charles (Chip) Barber for assisting the case studies in Indonesia and the Philippines.Our sincere appreciation also goes to our colleagues at ICLARM for their comments and assistance during thefinalization of this volume especially Kuperan Viswanathan, Mahfuz Ahmed, Bing Santos, Maximin Luna, LornaVillaflor, Rita Kapadia, and Sandra Child. The Coastal Resources Institute of the Prince of Songkhla Universitydeserves praise for organizing the workshop in Hat Yai. Our thanks to David and Terry Clayton who providededitorial assistance. We would also like to express our gratitude to Peter R Gardiner, our Deputy Director Gen-eral, for his many helpful and critical suggestions and comments which led to several drafts of the introductorychapter and to the overall structure of this publication. Finally, immense thanks is extended to the SwedishInternational Development Agency (Sida) for funding this publication, the case studies and several otherprojects at ICLARM. Sida has been ICLARM’s partner in several undertakings. Above all, we thank the authorswho laboured to provide the main substance of this volume.

March 2000 Magnus TMagnus TMagnus TMagnus TMagnus TorororororellellellellellPenang, Malaysia Albert M. SalamancaAlbert M. SalamancaAlbert M. SalamancaAlbert M. SalamancaAlbert M. Salamanca

EditorsEditorsEditorsEditorsEditors

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AbbrAbbrAbbrAbbrAbbreviationseviationseviationseviationseviationsACIAR Australian Center for International Agricultural ResearchADB Asian Development BankAFMA Agriculture and Fisheries Modernization ActAFSC American Friends Service CommitteeAndon Permanent fishersAPEC Asia-Pacific Economic CooperationAPHEDA Australian People for Health, Education and Development AbroadASEAN Association of Southeast Asia NationsBAS Bureau of Agricultural StatisticsBBDP Batangas Bay Demonstration ProjectBD Bantay DagatBFAR Bureau of Fisheries and Aquatic ResourcesBoI Board of InvestmentsBoT Bureau of TradeCADC Certificate of Ancestral Domain ClaimCBCRM Community-Based Coastal Resource ManagementCCU Coastal Coordinating UnitCDC Council for the Development of CambodiaCENRO Community Environment and Natural Resources OfficeCEP Coastal Environmental ProgramCFSA Community Forest Stewardship AgreementCOBSEA Coordinating Body on the Seas of East AsiaCOP Conference of PartiesCOREMAP Coral Reef and Environmental Management ProjectCRFRD Commission of Research and Fishery Resources DevelopmentCRMP Coastal Resources Management ProgramDA Department of AgricultureDAC Department of Agriculture and CommerceDanida Danish International Development AssistanceDAR Department of Agrarian ReformDECS Department of Education, Culture and SportsDENR Department of Environment and Natural ResourcesCENRO Community Environment and Natural Resources OfficeERDB Ecosystem Research and Development BureauDFA Department of Foreign AffairsDILG Department of the Interior and Local GovernmentDILG-PNP Department of the Interior and Local Government-Philippine National PoliceDNCP Department of Nature Conservation and ProtectionDND-PCG Department of National Defense-Philippine Coast GuardDND-PN Department of National Defense-Philippine NavyDoF Department of FisheriesDoH Department of HealthDoJ Department of JusticeDoST-PCAMRD Department of Science and Technology-Philippine Council for Aquatic and

Marine Research and DevelopmentDoT Department of TourismDSR Demand-side Resources

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DSFCR Demand-side Fisheries and Coastal ResourcesECA Environmentally Critical AreaECC Environmental Clearance CertificateEEZ Exclusive Economic ZoneEIA Environmental Impact AssessmentEMB Environmental Management BureauEMP Environmental Management PlanFAO Fisheries Administrative OrderFAO Food and Agriculture OrganizationFARMC Fisheries and Aquatic Resources Management CouncilFKPPS Forum Koordinasi Pengelolaan Pemanfaatan Sumberdaya IkanGDP Gross Domestic ProductHak ulayat Traditional rightsHukum Adat Customary/Traditional LawIATFCEP Inter-Agency Task Force on Coastal Environment ProtectionIDRC International Development Research CenterIMO International Maritime OrganizationIPRA Indigenous People’s Rights ActIUCN World Conservation UnionKAISAKA Kaisahan ng mga Samahan Para sa KalikasanLGC Local Government CodeLGCAMP Lingayen Gulf Coastal Area Management PlanLMB Liga ng Mga BarangayMAFF Ministry of Agriculture, Forestry and FisheriesMARINA Maritime Industry Authority of the PhilippinesMARPOL International Convention on the Prevention of Marine Pollution fromShipsMIME Ministry of Industry, Mines and EnergyMoE Ministry of EnvironmentMoT Ministry of TourismMPWT Ministry of Public Works and TransportNACA Network of Aquaculture Centers in Asia and the PacificNEAP National Environmental Action PlanNEDA National Economic Development AuthorityNEPC National Environmental Protection CouncilNFARMC National Fisheries and Aquatic Resource Management CouncilNIPAS National Integrated Protected Areas SystemNPCC National Pollution Control CommissionNWRB National Water Resources BoardNWRC National Water Resources CouncilPAB Pollution Adjudication BoardPAFID Philippine Federation for Intercultural DevelopmentPAMB Protected Area Management BoardPAWB Protected Areas and Wildlife BureauPCAIFMC Presidential Commission on Anti-Illegal Fishing and Marine ConservationPCG Philippines Coast GuardPCSD Palawan Council for Sustainable DevelopmentPengelolaan Bersama Collective Management SystemPENRO Provincial Environment and Natural Resources OfficePerusahaan Inti Rakyat Core Community Business DevelopmentPMMR Participatory Management of Mangrove Resources

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PPA Philippine Ports AuthorityPRA Participatory Rural AppraisalPTA Philippine Tourism AuthorityRAMSAR Convention on Wetlands of International Importance especially as Waterfowl

HabitatRSP Regional Seas ProgrammeSAMMABI Samahan ng mga Mangingisda ng BinabalianSAMMAKA Samahan ng mga Mangingisda para sa Kalikasan ng PilarSAPA Samahang Pangkalikasan ng ArnedoSEAPOL South East Asian Programme in Ocean Law, Policy and ManagementSida Swedish International Development Cooperation AgencySNC Supreme National CouncilSSR Supply-side ResourcesSSFCR Supply-side Fisheries and Coastal ResourcesTAC Total Allowable CatchTMNP Tarutao Marine National ParkUNCED United Nations Conference on Environment and DevelopmentUNCLOS United Nations Convention on the Law of the SeaUNDP United Nations Development ProgrammeUNEP United Nations Environment ProgramUNFCCC United Nations Framework for the Convention on Climate ChangeWI Wetlands International

List of FList of FList of FList of FList of Figurigurigurigurigureseseseses1.1 Major Factors Affecting Institutional Arrangements2.1 Administrative Map of Cambodia2.2 Population Density in the Coastal Zone of Cambodia (1996-1997)2.3 Organizational Structure of the Fisheries Department2.4 Organizational Structure of the Ministry of Industry, Mines and Energy2.5 Organizational Structure of the Ministry of Tourism2.6 Organizational Structure of the Ministry of Public Works and Transport2.7 Organizational Structure of the Ministry of Rural Development2.8 Organizational Structure of the Ministry of Environment2.9 Organizational Structure of the Ministry of Provinces and Municipalities3.1 Integrated Fisheries Management Matrix3.2 Resource-Based Management Approach3.3 Community-Based Management Approach3.4 Market-Based Management Approach3.5 Legal Framework3.6 Institutional Framework4.1 Fish catch by sector4.2 Mangrove cover vs. fishpond development5.1 A Demand-Supply Paradigm5.2 Location of Case Study Sites5.3 A Demand-Supply Paradigm with Historical Development in Thailand5.4 Policy Formulation and Planning Processes at Different Levels of Administration5.5 Measures to Enable the Government to Become More Transparent, Efficient and Effective

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5.6 Problem Tree of the TMNP Fisheries and Coastal Management5.7 Diagram of Interwoven Cyclical Relationships of Policies and Plans Concerning Fisheries

and Coastal Resources Management at Three Levels of Administration (1998)5.8 Detailed Diagram of Policies and Plans on Fisheries and Coastal Resources at the Local Level

(1998)

List of TList of TList of TList of TList of Tablesablesablesablesables1.1 Functional Overlaps among Agencies Involved in Coastal Resources Management in the

Philippines1.2 Indicative List of Major Legislation Relevant to Coastal Resources Management in the Case Study

Countries1.3 Aid dependency2.1 Employment Characteristics2.2 Number of Fishing Effort of Koh Kong Province2.3 Catch-Effort (tons)2.4 Fish Production (tons)2.5 List of Factories in Coastal Provinces2.6 Current and Potential Overlaps and Conflicts between Sectors2.7 Current and Potential Overlaps and Conflicts within the Legal System3.1 Fish Production3.2 Demographic Characteristics3.3 Potential Coastal and High Seas Fisheries in Cilacap 19963.4 Population and Density Rate in Kampung Laut5.1 The Thai Political Economy5.2 Interrelationship Matrix Between Roles and Responsibilities of Fisheries and

Coastal Resources Management institutions5.3 Violations of Laws and Regulation in Laem Talumpuk Arising from Human Activities.

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1

IIIIINTRODUCTIONNTRODUCTIONNTRODUCTIONNTRODUCTIONNTRODUCTION

Southeast Asia is one of the world’s mostproductive areas in terms of fisheries and othercoastal resources.These resources are important tothe local, regional and national economies. Coastalareas are also the focus for tourism, harbour devel-opment, industrial and urban development. Unfor-tunately, the status of the fisheries and coastalresources in Southeast Asia is reported to be invarious stages of degradation and overexploitation(APFIC 1996) and is generally characterized asoverfished. In the near-shore areas, overfishing andhabitat degradation is already approaching criticallevels (Silvestre and Pauly 1997b).

More than 80 percent of the coral reefs inSoutheast Asia are at risk. They are considered themost threatened in the world due, in whole or inpart, to unbridled coastal development, destructivefishing practices, inland pollution and erosion,marine-based pollution and a burgeoning coastalpopulation (Bryant et al. 1998). Approximately onehalf of the mangroves in the region have been lost tofish and shrimp ponds during the past 50 years. ThePhilippines and Thailand have the highest losses at60-80 percent. Indonesia has lost about 50 percentof its mangroves while Malaysia has lost 30 percent.The seagrasses in the region, among the richest andmost diverse in the Indo-West Pacific region, are in asimilar condition (Sudara 1997).

Artisanal fisheries have been marginalizedeconomically, socially and politically (Pauly 1997).This marginalization underlies the problems con-fronting fisheries and coastal resources in the region(Pomeroy and Williams 1994). Small-scale fisheriesin Southeast Asia and elsewhere in the developingworld are hampered by the lack of adequate infra-

structure such as post harvest facilities, roads,markets, information, and communications whichare necessary for the fishing industry to thrive andto create value-added products. Physical remotenesscompounds problems of data collection which isneeded for more effective resource management(Silvestre and Pauly 1997a).

Poverty within the fishery sector is partly a causeand result of environmental and resource degrada-tion. It is also associated with the lack of resources,such as land and capital. According to many studies,people in small coastal villages in the region areamong the poorest (Pomeroy and Cruz-Trinidad1996). Social and political marginalization preventseffective resource management and hampers theparticipation of stakeholders in the planning andmanagement process (Pauly 1997). Where effectiveinstitutions do exist to channel stakeholder partici-pation, enforcement of laws and regulations issometimes lacking. Ideas, policies, and actions ofinfluential interest groups and uncontrolled eco-nomic development have a profound impact on howthe environment and its resources are used and onthe relationships among the users of those re-sources. This makes resource management problemsnot only a technical problem but also a political,social and economic one (King 1998).

The authors of this volume highlight importantdemands and challenges in fisheries and coastalresources management through case studies in fourcountries – Cambodia, Indonesia, Philippines andThailand. The main focus is on the fisheries sector,a major resource in the coastal zone. Since issues inthis sector cannot be divorced from issues affectingthe integrated management of coastal resources,both are addressed in the discussion. This chapterwill summarize important and relevant themes

Navigating theNavigating theNavigating theNavigating theNavigating theInstitutional Landscape:Institutional Landscape:Institutional Landscape:Institutional Landscape:Institutional Landscape:

IntrIntrIntrIntrIntroduction and Overviewoduction and Overviewoduction and Overviewoduction and Overviewoduction and OverviewMagnus Torell and Albert M Salamanca

ICLARM – The World Fish Center, Malaysia

2

while subsequent chapters discuss the fisheriesmanagement situation vis-à-vis institutional ar-rangements in each of the countries. An emphasis isplaced on issues that are not fully covered in thechapters in this volume.

TTTTTHEHEHEHEHE R R R R ROLEOLEOLEOLEOLE ANDANDANDANDAND I I I I IMPORMPORMPORMPORMPORTTTTTANCEANCEANCEANCEANCE OFOFOFOFOFIIIIINSTITUTIONSNSTITUTIONSNSTITUTIONSNSTITUTIONSNSTITUTIONS

The Fisheries Co-management Project ofICLARM and Institute of Fisheries Managementand Coastal Community Development (IFM)defines institutions as “the rules of the game in asociety; the humanly devised constraints that shapehuman interactions, and that are affected by social,cultural, economic and political factors” (ICLARMand IFM 1998). Institution and organization arewords that are used interchangeably although thelatter refers to “groups of individuals bound bycommon factors to achieve particular objectives”(ICLARM and IFM 1998). If institutions are con-ceived as the rules of the game in society, organiza-tions are the players (Leach et al. 1999).

Institutions can be formal or informal. Formalinstitutions are framed in written legislation,administrative regulations, and court decisions(Ostrom 1990). Informal institutions exist as rulesand norms by virtue of (oral) tradition, customs andindigenous belief systems which may not be sanc-tioned, recognized or supported by the state. Thenature of enforcement helps further define formalor informal institutions. Formal institutions requireexogenous enforcement by a third party organiza-tion such as the courts, while informal institutionsare enforced endogenously through mutual agree-ments, or by relations of power and authoritybetween among social actors involved (Leach et al.1999).

Institutions are important in managementbecause they define the rights and rules of resourceuse, determine access by groups of people, membersof an organization or individuals in a community.Rights are actions that are authorized while rulesrefer to prescriptions that forbid, permit, or requireacts performed in relation to a right (Ostrom 1990).

Analysis of the institutions underlying fisheriesand coastal resources management in Southeast Asia

is important for several reasons. First, formalinstitutions play a significant role in the manage-ment of fisheries and coastal resources in the regionto ensure the transfer (or conservation) of thepresent resource endowments for future generations(Garcia and Grainger 1997). Second, appropriatelycrafted formal institutions together with strongpolitical support have been shown to enhance themanagement of common pool resources such asfisheries (Ostrom 1990). Third, interest in coopera-tion and interaction between governments, agenciesand resource users as well as community involve-ment in resource management is increasing due tothe benefits that accrue from sharing responsibilitiesand ownership (Pomeroy 1993, 1994; Pomeroy andWilliams 1994). Formal institutions provide astructure for cooperation between resource users andgovernment and for participation of local communi-ties and various fisheries organizations as well asother private sector stakeholders in managingnatural resources.

In developing countries, institutional weak-nesses and constraints are pervasive in the fisheriesand coastal resources management sector. Legal,policy and institutional frameworks are not craftedto suit the unique features of fisheries and othercoastal resources and this has resulted in mismatchesand overlaps. These features include:

! The biological renewability of fish stocks;! The uncertainty of scientific data on the

state of fish stocks; and! The absence of secure and well-defined

property rights governing access to fishstocks (Bailey and Jentoft 1990).

TTTTTHEHEHEHEHE C C C C CAAAAASESESESESE S S S S STUDIESTUDIESTUDIESTUDIESTUDIES

Each of the case studies provides importantinsights into the challenges and demands of policy-making for effective fisheries and coastal resourcesmanagement. While each is distinct, there arecommon themes that enable us to better understandthe intricacies of fisheries and coastal resourcesmanagement and options to improve the manage-ment of resources in these countries. This chapterwill summarize important and relevant themes, orstrands, of information discussed in succeedingchapters.

3

The Thailand case study, conducted by theCoastal Resources Institute (CORIN) of the Prince ofSongkhla University, reviewed Thailand’s legal,institutional and policy framework for managingtheir fisheries and coastal resources and profferedsuggestions to address the problems identified. Inthe Indonesian case, Drs. Purwaka and Sunoto of theCenter for Archipelago, Law and DevelopmentStudies selected three cases to explore institutionalproblems in coastal resource management. Theynoted that problems arise due to the poor imple-mentation of existing laws and overlapping jurisdic-tions among government institutions and agenciestasked with implementing coastal and marineresources management.

The Philippine case study, written by Dr. Anto-nio G.M. La Viña, emphasizes conflict over control ofresources, between modes of use, and among differ-ent stakeholders and interest groups. In the Cambo-dian case study, a working group was formed andheaded by senior civil servants with representationfrom international organisations such as WetlandsInternational and IDRC. The authors returned tothe villages to present the results and gather feed-back. A workshop was also held for institutionalplayers (i.e. government agencies, bilateral/multilat-eral development assistance organizations, NGOsand representative from local districts) to present theresult of the case study and validate their findings.

CCCCCOMMONOMMONOMMONOMMONOMMON T T T T TRENDSRENDSRENDSRENDSRENDS ANDANDANDANDAND T T T T THEMESHEMESHEMESHEMESHEMES

Each of the case studies consists of the followingcomponents:

! Discussion of the status of the fisheries andtheir management issues;

! Discussion of the evolution of existingfisheries policies and laws;

! Case studies of at least three locations; and! The role of international conventions and

regional agreements in management ofnatural resources and the environment.

Although the layout of the information differsdepending on the style and approach of the authors,common trends and themes are apparent. These arethe factors that drive the nature of institutionalarrangement for fisheries and coastal resources

management in Cambodia, Indonesia, Philippinesand Thailand. The major points raised in the casestudies are summarized in Figure 1.1 along withsome of the major influences on institutionalarrangements.

Design PDesign PDesign PDesign PDesign Prrrrroblemsoblemsoblemsoblemsoblems

The authors raise important issues about theorganizations and rules that make up the institu-tional framework for the management of fisheriesand other coastal resources as well as their associ-ated design problems. Design problems refer to thefit between the operational rules and the demandsof the resources to be managed: either there aresufficient operational rules or there are not(Oakerson 1992). In the case studies, overlappingjurisdictions of departments, policies and laws;institutional confusion; and unclear mandates formanagement and the environment are importantthemes. These institutional problems are a legacy ofpast institutional arrangements where environ-mental concerns were ignored (Brookfield andByron 1993). But the creation of environmentaldepartments to address these environmentalconcerns did not necessarily lead to overcominginstitutional confusion as more confusion andoverlapping roles and responsibilities came aboutwhen mandates were unclear.

In reality, however, some functional overlapamong government agencies tasked with managingcertain resource sectors (e.g. tourism, mining, port,fishery etc.) is expected due to the overlappingnature of the resource sectors and their environ-ments. When functional overlaps are properlyunderstood and appropriate interventions are inplace to manage overlapping functions, alternativeapproaches to management problems can beformulated and previously destructive competitioncan be eliminated.

Ecologically, resource sectors are not clearlybounded systems. They are interlocking andinterdependent ecosystems and their existence isdependent on shared and synergistic ecologicalprocesses. Ideally, all institutions of governmentshould be examined if the mechanisms for coastalresources management are to be effectively assessed.The example in the Philippines (Table 1.1) mirrors

4

the functional overlaps among government agenciesin the case study countries which have, eitherdirectly or indirectly, a role to play in coastalresources management. La Viña (this volume)suggests a review of the formal institutions involvedin managing these resources would be similar toreviewing the whole governmental machinery andbureaucracy.

Within the Philippine bureaucracy, there are twomain agencies responsible for fisheries and coastalresources management - the Department of Envi-ronment and Natural Resources (DENR) and theDepartment of Agriculture (DA). Overall responsi-bility for coastal environmental protection andmanagement lies within the DENR, while manage-ment, development and conservation of fisheryresources is under the DA through its line agency,the Bureau of Fisheries and Aquatic Resources

CRM Concerns/ Activities Agencies Involved

Policy formulation LGU, FARMC, NGA, DENRResource assessments:

Coastal DA- BFAR, DENR, PCAMRDMarine DA- BFAR, DENR, PCAMRD

Statistics gathering and compilation:Fisheries DA- BASMangroves DENRFishponds DA- BFAR

Establishment of protected areas LGU, DA- BFAR, DENR, CongressMangrove reforestation LGU, DENRFishery licensing:

Municipal waters LGUOffshore waters DA- BFAR

Fishery law enforcement LGU- PNP, PCG, DA- BFAR, deputiesPollution law enforcement LGU, PCG, DENRLand use management LGU, DENRTourism management LGU, DoTReclamation DENR (LMB and EMB), PEAPollution monitoring, including marine waters LGU, DENR- EMB, PCGEstablishment of municipal/ fishing ports PFDA, PPA, LGUResearch DA- BFAR, DA- BAR, PCAMRD

Table 1.1 Functional Overlaps among Agencies Involved in Coastal Resources Management in the Philippines (DENR et al. 1997)

Note: LGU= local government unit; FARMC= Fisheries and Aquatic Resources Management Councils; NGA= National GovernmentAgency; DENR= Department of Environment and Natural Resources; DA BFAR= Department of Agriculture Bureau of Fisheriesand Aquatic Resources; DA BAS= Department of Agriculture- Bureau of Agricultural Statistics; PNP= Philippine National Police;PCG= Philippine Coast Guard; PPA= Philippine Ports Authority; PFDA= Philippine Fisheries Development Authority; PCAMRD=Philippine Council for Aquatic and Marine Research and Development; LMB= Land Management Bureau; EMB= EnvironmentalManagement Bureau; BAR= Bureau of Agricultural Research; DoT= Department of Tourism.

Figure 1.1 Some of the Major Factors Affecting InstitutionalArrangements.

InstitutionalDesign

Financialand HumanResourcesInstitutional

Arrangements

Enforcement

Role ofDonors and

externalflows

of funds andinvestments

ColonialInfluences

CivilSociety

5

(BFAR). National fisheries policy and fisheriesadministrative orders to limit entry into fishing andprohibit certain gear and fishing practices emanatefrom BFAR. In short, exploitation of fisheries arelodged within the DA while conservation andprotection fall under the DENR. Sometimes thisdivision blurs the roles and mandates of these twodepartments which results in overlaps and institu-tional confusion.

A review of the Asian Development Bank (ADB)-funded Fisheries Sector Program in 1996, a multi-million dollar project, described the institutionalproblems as “the lack of a unified, central focus forfisheries management and the institutional weak-nesses of existing agencies to cope with the demandsand complexities of fisheries management”(PRIMEX and ANZDEC 1996:49). This is due to:

! Fragmentation of functions and a diffusionof responsibilities among a number ofdepartments working in the fisheries sector;

! Institutional weaknesses within BFAR as aresult of its conversion from a national lineagency into a staff bureau;

! Devolution of authority and responsibilityfor fisheries from DA-BFAR to the localgovernment units; and

! Lack of skills and financial resources amonglocal government units to carry theirdevolved functions (PRIMEX and ANZDEC1996)

Currently, both DENR and DA-BFAR arestrengthening their roles in fisheries and coastalresources management by establishing programsand other initiatives as well as making administra-tive changes in the way the fisheries and othercoastal resources are managed. In the early 1990s,DENR established the Coastal Environment Pro-gram to broaden its role in coastal resources man-agement. In 1998, DA-BFAR was reconstituted as aline bureau to address the growing role of fisheriesand other aquatic resources in food security in anera of resource scarcity and globalized trade. Fisher-ies issues received increased attention under theNew Fisheries Code enacted in 1998, the Agricul-tural and Fisheries Modernization Act in 1997, andthe establishment of large projects funded by loansfrom multilateral development agencies such as the

Fishery Resources Management Program of DA-BFAR.

In Cambodia, unclear policies and guidelines atthe ministerial levels, together with lack of resources(e.g. money and well-trained human resources),have led to difficulties for departments and localauthorities at the provincial level to properly definetheir functions and responsibilities. These con-strained the implementation of existing legal andinstitutional frameworks for natural resource man-agement. The legal framework for coastal resourcesmanagement and the way existing rules are enforcedcreates a situation that is inadequate to manage thecountry’s coastal resources. The Fiat Law on Fisher-ies Management and Administration (1987) gives abroad mandate for fisheries administration. It formsthe basic legal framework for managing fisheries,other coastal resources, and the coastal environ-ment. All wetlands and seasonally flooded areas,including forests, are considered fishing areas andare known as the “fisheries domain”. The Depart-ment of Fisheries (DoF) is mandated to manage allactivities related to aquatic habitats, fish and otheraquatic species, flooded forests, mangroves andswamps. But the Fiat Law together with insufficientinstitutional mechanisms and financial resources, forinstance, is not providing a suitable framework toprevent overexploitation of the fisheries resources.Among other things, it has no provision to limit thesize of harvestable marine fish or the protection ofendangered species and there is no prohibition onthe use of mechanized push gear which destroys theseabed ecosystem.

The relative newness of most laws has affectedtheir implementation as they do not have the rulesand regulations needed to guide their implementa-tion, nor institutions and financial resources toactually enforce them. The political context of legaland institutional development in Cambodia is alsoaffected by its history of political turmoil. Currently,the country is in a reconstruction phase and it willtake some time before appropriate legal and institu-tional structures are re-established and fully opera-tional. As Vicheth et al. (this volume) have indicated,institutional development is trying to keep pace withthe demands of rapid economic development andthis has led to situations where laws are drafted tooquickly (mostly by foreign experts) and local commu-

6

nities and other user groups or the departments thatare supposed to oversee their implementation havenot been given adequate opportunities to participate.

In Indonesia, two levels of policy formulation iscreating problems in project implementation. At thenational level, the GBHN (Guidelines of StatePolicy) prepares Five-year Development Plans(REPELITA) that translate the principles outlined inthe GBHN1. The REPELITA provides for detailedsectoral development programs and projects whichinclude, among others, coastal and fisheries re-sources management. REPELITAs can be formu-lated by either national or provincial governments.Problems occur when these two levels of governmentdo not coordinate their activities. Effective projectimplementation is hampered when two operationalplans have diverging priorities, aims and goals.Parallel to this situation is the relationship betweenthe KANWIL (kantor wilayah) and DINAS. KANWILSare working units at the provincial or regional levelsestablished by national government departments toimplement their policies and programs. DINAS areimplementing agencies established by provincialgovernments. They may work with KANWIL but thetwo have no formal structural ties. Each KANWIL isaccountable to the national agency, but they areunder the coordination of the Governors in theprovinces. At the district level, there are also kantorperwakilan which work with national KANWIL butare under the coordination of the bupati, the head ofthe district government. The situation becomesproblematic when KANWIL and DINAS do notcoordinate their activities and pursue different andopposing goals.

Purwaka and Sunoto (this volume) suggest thatanother major institutional problem in the manage-ment of fisheries and coastal resources in Indonesiais the centralized nature of most governmentregulations. There are no regulations giving legalmandates to provincial and district governments tomanage coastal and marine resources, except forsmall-scale fishing and mining. Thus, regionalgovernments cannot enact measures to manage,

protect or conserve the resources within their jurisdic-tions.

Towards the last quarter of 1999, PresidentAbdurahman Wahid created the Ministry of MarineExploration and Fisheries to oversee the develop-ment and management of the marine environmentand its resources, notably fisheries. Its main func-tions are: harmonization of marine research andexploration, coastal and sea use planning, coastaland marine conservation, protection and surveil-lance of coastal and marine environments, pollutioncontrol, coastal community empowerment, humanresources, and institutional capacity building(Dahuri 1999). Whether this new agency will resolvethe problems associated with overlapping jurisdic-tions remains to be seen. Another recent develop-ment in Indonesia is the devolution of power,particularly budget and administration, to itsdistricts and provinces (Agence France Presse 2000).The aim is to bestow regional autonomy, but thismay have serious ramifications for the use andmanagement of natural resources.

In Thailand, the many plans and committees setup to address the issues affecting the managementof natural resources such as fisheries and mangroveshave also resulted in overlapping mandates andconfusing lines of command. There are many plansat the various ministries, departments, provincialgovernments, districts, and sub-districts, but some-times the contents are redundant if not conflicting(Nissapa et al., this volume). For example, in 1992,the Office of the National Environment Board-Ministry of Science Technology and Environment(Office of the National Environment Board-Ministryof Science Technology and Environment 1992:73)stated that:

Management of coastal resources in Thailandis not governed by a single, comprehensivelaw but by many laws governing the use of thevarious resources. They are generally purelysectoral by design and largely oriented towardresource exploitation for economic benefit. In

1 GBHN stands for Garis-garis Besar Haluan Negara and is enacted by the People’s General Assembly (MPR or Majelis PermusyawaratanRakyat)

7

many cases, the laws are outdated and havebecome very complex due to piecemeal legisla-tive amendments and complicated regulatoryprocesses associated with their implementation.

The continued validity of this statement isunderpinned by the study of Nissapa et al. (thisvolume). The nature, therefore, of the legal frame-works supporting the management of coastal re-sources defines the manner by which governmentministries or departments relate to each other inpursuing their mandates. There are a number ofministries and departments involved in planning,managing or using the country’s coastal resources.Among these are the National Economic and SocialDevelopment Board, the Office of EnvironmentalPolicy and Planning, the Ministry of Agriculture andCooperatives, Ministry of Interior, Ministry ofScience, Technology and Environment, Ministry ofMining, Ministry of Transport and Communication,and Ministry of Public Health (Pintukanokl andBoromthanarat 1993). Furthermore, with the passageof the new Thai Constitution in 1997, each of theministries is further challenged to seek cooperationfrom local resource users in planning and manage-ment of natural resources.

EnforEnforEnforEnforEnforcementcementcementcementcement

Poor enforcement of existing legislation hasbeen shown to be a major problem, although it isalso possible to have well-designed rules but poorenforcement. Wasserman (1994:15) defined enforce-ment as “the use of legal tools to assist in andcompel compliance with environmental require-ments, and in some contexts to establish liability orresponsibility for harm to the public or environmentfrom polluting activities”.

Key policies and institutional arrangements havebeen enacted (Table 1.2) in the case study countriesbut enforcement is ineffective. The importance ofenvironmental issues is often recognized and articu-lated as policy, but specific provisions are oftenincongruent, if not completely divergent, as shown in

the quest for vigorous economic growth without dueregard to ecological and environmental sustain-ability. The environmental sustainability index2 ofthese countries except for Cambodia is relativelylow. Thailand has 45.2; Indonesia, 42.6; andPhilippines, 35.7. No data is available for Cambodia(Global Leaders of Tomorrow Environment TaskForce et al. 2001). All case study countries haveadopted blueprints on how to attain ecologicallyand economically sustainable development. Eachinterprets Agenda 21, which the Rio Conventionintroduced in 1992, from national perspectives.They have developed national environmental actionplans and biodiversity action plans to conservebiodiversity and use their resources sustainably.However, there are few signs indicating that thecurrent state of the fisheries and coastal resources isimproving.

Political will to carry out environmental legisla-tion among prevailing development and socialagendas determine whether fisheries and coastalresources are ecologically sustained and the prob-lems are properly addressed. It is important thatgovernment departments coordinate plans andprograms to maximize output and achieve objec-tives in the coastal zone where ecosystems are highlyinterdependent and uses are interlocking. While aweak state is likely to fail in the exercise of its mainfunction of stewardship and management of theseresources (Marriott 1997), a strong state with apoorly designed and outdated planning mecha-nisms can be in no better position.

FFFFFinancial and Human Rinancial and Human Rinancial and Human Rinancial and Human Rinancial and Human Resouresouresouresouresourcescescescesces

Notwithstanding the good intentions of govern-ments in the case study countries, lack of skills andfinancial resources also impose constraints oneffective enforcement and management. Generally,enforcement is very costly and takes a quarter toover half of all public expenditures (Sutinen andViswanathan 1999). All the case studies mention theshortage of skills in government departments taskedwith fishery enforcement and management as a

2 This is “a measure of the overall progress towards environmental sustainability developed for 122 countries… A high ESI rankindicates that a country has achieved a higher level of environmental sustainability than most of the countries; a low ESI rank signalsthat a country is facing substantial problems in achieving environmental sustainability along multiple dimensions” (Global Leaders ofTomorrow Environmental Task Force et al. 2001).

8

major issue. There are insufficient funds to hireskilled personnel and to finance routine enforcementoperations in countries with such extensive coastlines.

Monitoring a long coastline requires a function-ing monitoring, control and surveillance system(MCS). An MCS includes an infrastructure of high-speed vessels, fuel, radar and weapons. It can alsorequire the periodic strengthening of legislation toeliminate loopholes. Implementing an MCS requiressubstantial investment and the establishment ofnecessary management systems to operate it. Onceestablished, high operational and maintenance costsare expected. But MCS systems should not beestablished in all sector departments. Instead,resources should be concentrated in one well-equipped multipurpose monitoring entity and couldbe implemented jointly for fisheries, pollutioncontrol, customs and other agencies.

As a result of the many demands, bleak realitiesconfront fisheries and coastal resource management.Coastal poverty remains widespread and populationpressure is still growing (The World Bank 2000).Economic difficulties brought about by the financialcrisis of 1997 affected countries throughout South-east Asia while civil and political instability contin-ues to be a major concern for many countries. Thedesire to revitalize sluggish economies to create jobsand address widespread poverty dominates manypolitical agendas. This has an impact on the ecologi-cal sustainability of fisheries and coastal number ofpeople depend for their livelihoods.

ConflictConflictConflictConflictConflict

The problematic institutional arrangementsgoverning fisheries and coastal resources in thesecountries has resulted in institutional confusion thatweakens the government’s ability to manage re-sources wisely and to respond adequately when needarises. It erodes the ability of institutional arrange-ments to adapt to changing circumstances and thecomplex nature of fisheries resources. One conse-quence of the general failure to enforce agreedinstitutional arrangements is the increasing numberof conflicts. There have been violent clashes betweenusers, and between users and other stakeholders,such as the case in Southern Thailand (Hutasingh

and Suksamran 1999; Mukem 1999). Tyler (1999:264)observed that “There is ample evidence from ...specific policies, government programs, and theirimplementation have generated or aggravatedconflicts, even when the intention was to reduce theconflict”.

Conflict occurs when users no longer cooperateor abide by established rules and conduct withrespect to the use of a particular resource (Oakerson1992). There are three kinds of conflict in the useand management of coastal resources: conflictbetween users within one sector, between users ofdifferent resources, and conflict between govern-ment agencies administering programs or projectsrelated to the coast. Conflicts over natural resourcescan occur at many levels and have class and politicaldimensions (Buckles and Rusnak 1999).

In Southern Thailand, small-scale fishersattacked large-scale trawlers who were fishing innearshore waters, where they are not allowed. Ontop of being trawling-free zones, these trawlers usefine mesh nets and electric lights that deplete localanchovy resources (Hutasingh and Suksamran 1999;Mukem 1999). In early 1998, The Nation, one ofThailand’s two English language dailies, reportedthat six people died when Thai and Indonesianfishers clashed in the Java Strait because the Thaitrawlers were fishing illegally using banned fishinggear (Harsono 1998). There has been an increase inthe number of conflicts and dire predictions aremade about “fish wars” unless efforts are made tostem the tide of resource depletion and scarcity(Dupont 1999). Authors of earlier studies andcommentaries have already pointed out that social,civil and political anarchy will result from resourcescarcity and environmental insecurity (Homer-Dixon1991; Prins 1993; Homer-Dixon 1994; Kaplan1994). At the level of nation-states, conflicts arelikely to result from the convergence of severalfactors such as overlapping territorial jurisdictions,economic ambitions, competition, nationalism,militarization, superpower involvement, and envi-ronmental degradation (Valencia 1990).

In the Philippines, resource depletion andenvironmental degradation are largely the result of

9

Cambodia (Source:Vicheth et al.,this volume)

Sub-decree No. 06 onRiver Navigation, 1986

Law on FisheriesManagement andAdministration, orFisheries Law, 1987

Law on ForestryManagement, orForestry Law, 1988

Sub-decree on PrivateTransport Services, 1991

Royal Decree on theCreation and Designationof Protected Areas, 1993

Law on LandManagement,Urbanization andConstruction, 1994

Law on Investment, 1994

Law on EnvironmentalProtection and NaturalResources Management,1996

Royal Decree on theEstablishment of theMinistry of Tourism, 1997

Law on Financing andProperty Regime inProvinces-Municipalities,1998

Indonesia (Source:Purwaka and Sunoto,

this volume Kusuma-Atmadjaand Purwaka 1996)

Guidelines of State Policy(GBHN)

Act No. 5 of 1967 on forestry

Act No. 11 of 1967 on mining

Act No. 1 of 1973 oncontinental shelf

Act No. 5 of 1974 on thebasic provisions of regionalgovernment

Act No. 4 of 1982 on theBasic Provisions for theManagement of the LivingEnvironment

Act No. 5 of 1983 onIndonesia’s EEZ

Act No. 9 of 1985 onfisheries and governmentregulation

Act No. 17 of 1985 onratification of the 1982UNCLOS

Act No. 5 of 1990 onconservation ofnatural resources and theirecosystems

Act No. 21 of 1992 onnavigation

Act No. 24 of 1992 on spatialplanning

Act No. 6 of 1996 onIndonesian waters

Philippines (Source:DENR et al. 1997)

PD 705 - RevisingPresidential Decree 389,otherwise known as theForestry Reform Code ofthe Philippines

PD 825 - ProvidingPenalty for ImproperDisposal of Garbage andOther Forms ofUncleanliness andfor Other Purposes.

PD 856 - Sanitation Codeof the Philippines

PD 979 - Marine PollutionDecree

PD 984 - NationalPollution Control Decreeof 1976

PD 1067 - The WaterResources Code

PD 1152 - PhilippineEnvironment Code

PD 1586 - PhilippineEnvironment ImpactAssessment Act

RA 5173 - creates thePhilippinesCoast Guard

RA 6975 - An actestablishing thePhilippine National Policeunder a reorganizedDepartment of Interiorand Local Government,and for other purposes

Thailand (Source:Tasneeyanond and

Rubthong 1991)

Agricultural EconomicsAct, 1979 (AEA)

Agricultural LandManagement Act,1974 (ALMA)

Agricultural Land ReformAct, 1975 (ALRA)

Building Controls Act,1979 (BCA)

EIA Law under NEQA

Electricity GeneratingAuthority of Thailand Act,1968 (EGAT)

Fisheries Act, 1947(FISHA)

Forest Act, 1941 (FOR A)

Hotel Act, 1936

Industrial Estate Authorityof Thailand Act, 1979(IEATA)

Industrial Works Act,1969 (IWA)

Land Code of Thailand,1954 (LCT)

Land Development Act,1983 (LDA)

Minerals Act, 1967(MINERA)

National Economic andDevelopment Act, 1978(NESDA)

Table 1.2 Indicative List of Major Legislation Relevant to Coastal Resources Management in the Case Study Countries.

Note: PD= Presidential Decree; RA= Republic Act; EO= Executive Order.

(next page ...)

10

Cambodia (Source:Vicheth et al.,this volume)

Indonesia (Source:Purwaka and Sunoto,this volume Kusuma-

Atmadja and Purwaka 1996)

Act No. 23 of 1997 onEnvironmental Management

Government regulation No.20 of 1990 on waterpollution control

Act No. 29 of 1986 onAnalysis of Impact Upon theEnvironment

Presidential Decree No.32/1990

Philippines (Source:DENR et al. 1997)

RA 6969 - ToxicSubstances andHazardous and NuclearWaste Control Act

RA 7160 - LocalGovernment Code of1991

RA 7076 - An ActCreating A People’sSmall Scale MiningProgram And For OtherPurposes

RA 7586 - NationalIntegrated ProtectedAreas System Act

RA 7942 - The PhilippineMining Act

RA 3931 - PollutionControl Law

RA 8435 - Agricultureand FisheriesModernization Act of1997 (AFMA)

RA 8550 - The PhilippineFisheries Code of 1998

EO 114 - constitutes thePresidential Committeeon Illegal Fishing andMarine Conservation

EO 117 - establishes theInter-Agency Task Forcefor Coastal EnvironmentProtection

EO 240 (s1995) - Lawcreating the FARMCs

EO 292 (s1987) -Administrative Code of1987

Thailand (Source:Tasneeyanond and

Rubthong 1991)

National EnvironmentalQuality Act, 1975 (NEQA)

National Forest ReservesAct, 1964 (NFRA)

National Parks Act, 1961(NPA)

Navigation in Thai WatersAct, 1913 (NTWA)

Petroleum Act, 1971(PETROLA)

Public Health Act, 1941(PHA)

Public Irrigation Act, 1942(PIA)

Real Estate DevelopmentControl (REDC) underRevolutionary DecreeNo. 286, 1972

Tourism Authority ofThailand Act, 1979(TATA)

Town and CountryPlanning Act, 1975(TCPA)

Water Quality Standardsset by virtue of NE WildAnimals Protection andReserves Act (WAPRA)

Enhancement andConservation of NationalEnvironment Quality Act1992

Table 1.2 Indicative List of Major Legislation Relevant to Coastal Resources Management in the Case Study Countries (continued).

Note: PD= Presidential Decree; RA= Republic Act; EO= Executive Order.

11

poor institutional arrangements to manage fisheriesand coastal resources. Despite this, there have been anumber of successful local management systemsexemplified by the case of Apo Island MarineSanctuary. This was established during a time whenunsupportive national laws and legal frameworksthat provide support for local initiatives in managingcommon pool resources were not present. TheNational Integrated Protected Area System (NIPAS)law and the Local Government Act were only intro-duced later. The same can be said of Indonesiawhere a confused institutional arrangement has ledto a resurgence in local and traditional managementsystems, particularly the sasi. In certain coastalcommunities, the resilience of the sasi system holdsthe key to the successful management of coastalresources (Novacsek and Harkes 1998). But suchresilience will be tested with the onslaught of global-ization and other associated external pressures.

Colonial InfluenceColonial InfluenceColonial InfluenceColonial InfluenceColonial Influence

The strategic location of Southeast Asia makes ita crossroads for the exchange of goods, knowledge,religious, political and social trends. The quest forcommercially valuable natural resources broughtEuropean nations to the region. Spaniards andAmericans colonized the Philippines. The Portu-guese set up a number of trading posts in Malakka,the Moluccas, East Timor and Macau. The Dutchwere dominant in Indonesia while the Frenchfocused on Cambodia, Laos and Vietnam. TheBritish established themselves in Malaysia,Singapore, Hong Kong and Burma.

The development of laws and structures forpublic administration reflected those of the colonialpower. Bryant (1998:30-31) pointed out that “Thecolonial powers reorganised and expanded pre-colonial patterns of resource use so that by the endof colonial rule, commercial resource exploitationwas central to economic life in the region”. This wasmanifested in several political and administrativechanges. Chief among these were:

! The administration of states along function-ally defined lines;

! The exercise of territorial political control,both external and internal; and

! The introduction of modern (western)

science and technology in terms of(i) Increased resource extraction, and(ii) Scientific resource management.

Thailand is a unique case in the region. Thai-land was never formally colonized (Winichakul1994:13), however the country underwent manychanges as it modernized along western lines.Administrative structures were adapted in order totake part in trade and development and to with-stand the threat of being colonized.

The creation of natural resource departmentsalong functional lines, the development of publicadministration and the nature of resource politics asa whole had various implications for resourcemanagement during colonial times because theyhave enhanced efficiency in resource extraction.Efficiency was attained by the recruitment ofprofessional staff with specialized knowledge.Specialization fostered parochialism and a lack ofappreciation for the interdependence of issuesaffecting resource management. Soon the functionaldevelopment of departments and the attitudes thatdeveloped among personnel resulted in conflictsbetween departments (Bryant 1998). Bryant(1998:34) noted that “such conflict wasubiquitous…and shaped not only the ways in whichstate policies were devised and implemented, butalso the broader relationship between state and civilsociety”. This conflict came as a result of bureau-cratic rivalry and “basic disjunction between theways in which the colonial state organised itsadministrative services … and the actual conditionsof the resource base itself - that is, the ‘political/administrative world’ did not coincide with the ‘realresource world’ that it sought to administer”.

The colonial powers controlled the resources inwhich they were interested. Resources were cata-logued, boundaries established and political controlwas exercised over them. Fixing the borders pro-vided for greater control by the state and reinforcedthe power of ethnic majorities. Large-scale resourceextraction and expedited commercial expansion wasmade possible by the use of modern science andtechnology, railways, steamboats and the telegraph.The same infrastructure aided resource extractionby ensuring that natural resources were transferredfrom production areas to consumers and by facilitat-

12

ing the movement of labour from one area to another.Aside from boosting production and extraction, theintroduction of western science and technology alsoled to the repression and gradual demise of indig-enous resource management systems (Bryant 1998) asthese systems were believed to be primitive andunscientific.

Several authors (e.g. Blaikie and Brookfield1987; Lynch and Talbott 1995; Bryant 1998) refer tothese issues because of the pervasive influence of thecolonial period on the development of laws andinstitutions related to natural resources manage-ment. The institutional changes that took place incolonial times form the backdrop by which laws andinstitutions developed. It is therefore important tounderstand history if one wishes to appreciate howthese institutions evolved and how they will survivein the future. History is also a guide in understand-ing how current problems in fisheries and coastalresources management came about.

RRRRRole of Donorsole of Donorsole of Donorsole of Donorsole of Donors

Bilateral and multilateral assistance is animportant component for the development ofCambodia, Indonesia, Philippines and Thailand(Table 1.3). Among these countries, Cambodia by faris the most aid-dependent. Bilateral and multilateraldonors have important roles to play in fisheries andcoastal resource management as well as in othersectors of development. Aside from providingfinancial assistance, guidance is also provided onhow to implement programmes of national priority.Ideally, interventions by donor agencies should alsohelp to strengthen capacity to undertake multipleresources planning and management as well asencouraging private and international investments.

In many countries, foreign assistance hasresulted in the establishment of ad hoc legal andinstitutional structures, a lack of coordination indevelopment and a mix of institutional culturesbased on the systems and experiences of the donorsand their consultants. This is particularly evident inCambodia. Donors often have different systems andrequirements for program implementation. Thisadds to the problems of developing a coherentstructure. The laws might be well constructed butthe national or local support for the law and its

provisions is absent. The institutions thus developedare alienated from traditions and the resultingpatchwork of laws and institutions is not conduciveto integrated management.

Another result of this patchwork development isthat legal and institutional mandates do not matchthe scope of the projects to be implemented. Forexample, in Cambodia the law clearly states that allwet and flooded areas are considered fisheriesdomain and are under the authority of the Depart-ment of Fisheries (DoF). However, the Mekong RiverCommission’s (MRC) Inventory and Management ofCambodian Wetlands Programme is coordinated bythe Ministry of Environment, despite the fact thatwetlands in general are supposed to be under theDoF according to the Fiat Law on Fishery of 1987.This indicates how existing modalities are neglectedor unappreciated by donors. This adds to institu-tional confusion.

RRRRRole of Civil Societyole of Civil Societyole of Civil Societyole of Civil Societyole of Civil Society

The involvement of civil society, or actorsoutside the government structures in fisheries andcoastal resources management in Southeast Asia isincreasing. Non-government organizations (NGOs),in particular, together with the private sector are animportant form of civil society representationespecially in the development arena. Civil societyencompasses “the gamut of organizations thatpolitical scientists traditionally label interestgroups—not just advocacy NGOs but also laborunions, professional associations (such as those ofdoctors and lawyers), chambers of commerce, ethnicassociations, and others. It also incorporates themany other associations that exist for purposesother than advancing specific social or politicalagendas, such as religious organizations, studentgroups, cultural organizations (from choral societiesto bird-watching clubs), sports clubs, and informalcommunity groups” (Carothers 2000).

Interest groups of various types serve in variousways as the initiators of certain institutional arrange-ments through their advocacies and interest-basedpressure and can also be critics that exert pressureon the state to be responsible in the implementationof their policies. Or at times, they are implementorsof state-supported activities, which led to the

13

Note: Net official development assistance Net official development assistance Net official development assistance Net official development assistance Net official development assistance consists of disbursements of loans made on concessional terms (net of repayments ofprincipal) and grants by official agencies of the members of DAC [development assistance committee], by multilateral institutions, andby certain Arab countries to promote economic development and welfare in recipient economies listed as developing by DAC. Loanswith a grant element of at least 25 percent are included in ODA, as are technical cooperation and assistance. Net official aid Net official aid Net official aid Net official aid Net official aid refers to aidflows, net of repayments, from official donors to the transition economies of Eastern Europe and the former Soviet Union and tocertain advanced developing countries and territories as determined by DAC. Official aid is provided under terms and conditionssimilar to those for ODA. Aid per capita Aid per capita Aid per capita Aid per capita Aid per capita includes both ODA and official aid. Aid dependency ratios Aid dependency ratios Aid dependency ratios Aid dependency ratios Aid dependency ratios are calculated using values in U. S.dollars converted to official exchange rates.

Table 1.3 Aid Dependency (The World Bank 2000).

Net official Aid per Aid dependency ratiosdevelopment capitaassistanceand official

aid

Aid as % Aid as % Aid as % Aid as %of GNP of gross of imports of central

$ millions $ domestic of goods governmentinvestment and services expenditures

1993 1998 1993 1998 1993 1998 1993 1998 1993 1998 1993 1998

Cambodia 306 337 30 29 15.2 11.9 106.2 78.3 50.3 24.9 — —Indonesia 2,013 1,258 11 6 1.3 1.5 4.4 9.6 4.6 2.3 7.6 7. 5Philippines 1,486 607 22 8 2.7 0.9 11.4 4.5 6.6 1.4 14.8 —Thailand 610 690 11 11 0.5 0.6 1.2 2.5 1.1 1.2 3.1 3.3

formulation or reformulation of institutional arrange-ments. In Southeast Asia, NGOs, the private sector,farmer associations, etc. supplement the activities ofthe state in resource management. In the fisheriessector, several resource management activities thatfoster community participation representing theagendas of grassroots organizations, cooperatives andother marginalized groups have been initiated byNGOs and other interest groups. Experiments incommunity-based coastal resources managementinitiatives in the region have been facilitated byNGOs, many of which have been successful. NGOsare prominently involved in development work inThailand and the Philippines while they are increas-ingly playing important roles in Vietnam and Cambo-dia.

CCCCCONCLONCLONCLONCLONCLUDINGUDINGUDINGUDINGUDING R R R R REMARKSEMARKSEMARKSEMARKSEMARKS

History provides an interesting perspective onthe development of institutions that manage fisher-ies and coastal resources as it shows how earlierchoices and constraints have led to today’s resourcemanagement problems. Long-term impact on theenvironment was not considered and there was little

awareness of the consequences. Only recently hasenvironmental conservation and fisheries manage-ment taken centre-stage as a development concernespecially after UNCED (see also Sorensen 1997).Despite the realization in the importance of conser-vation and good management, institutional prob-lems are still encountered. Environmental concernsare a recent phenomenon in a public administrationstructure that is based on production and resourceextraction. As the case studies illustrate, overlappingmandates, institutional confusion and conflict havebecome the dominant features in the administrationof fisheries and other coastal resources.

But overlaps and conflicts in responsibilities,mandates and jurisdictions cannot be totally pre-vented as these are expected especially when gov-ernment business is organized by function/purpose(e.g. enforcement, production, conservation, explo-ration, etc.), by territory (e.g. region, province, ormunicipality), by client (e.g. fishers, farmers, smallbusiness, youth etc.), or resource sector (e.g. fisher-ies, forestry etc.). The key is how coordinatingmechanisms are crafted to reflect the on-goingdynamics among various actors and the level of

14

political will extended so that these coordinatingmechanisms can take place.

Authors of the case studies describe institutionalarrangements for fisheries and coastal resourcesmanagement as complex and affected by variousfactors, some of which are intractable and en-trenched in the politics and economy of the country.There is no single solution to the institutionalproblems affecting fisheries and coastal resourcesmanagement. Neither is there a solution that isbroad based across the region. If there is a solution,it must take into consideration the capabilities ofthose who will be responsible for implementationand must provide for material benefits to the poorand marginalized.

RRRRREFERENCESEFERENCESEFERENCESEFERENCESEFERENCES

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APFIC. 1996. Summary report of the APFIC Symposium onEnvironmental Aspects of Responsible Fisheries, Seoul,Republic of Korea RAP Publication 1996/42. Asia PacificFisheries Commission, Bangkok, Thailand.

Bailey, C. and S. Jentoft. 1990. Hard choices in fisheriesdevelopment. Marine Policy 14:333-344.

Blaikie, P.M. and H.C. Brookfield. 1987. Land degradationand society. Methuen, London.

Brookfield, H. and Y. Byron. 1993. South-East Asia’senvironmental future: the search for sustainability.United Nations University Press and Oxford UniversityPress, Tokyo.

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Institutional and PInstitutional and PInstitutional and PInstitutional and PInstitutional and Policy Issues inolicy Issues inolicy Issues inolicy Issues inolicy Issues inthe Management of Fthe Management of Fthe Management of Fthe Management of Fthe Management of Fisheries andisheries andisheries andisheries andisheries andCoastal RCoastal RCoastal RCoastal RCoastal Resouresouresouresouresources in Cambodiaces in Cambodiaces in Cambodiaces in Cambodiaces in Cambodia

Pum VichethMinistry of Environment, Cambodia

Toby CarsonIDRC-Wetlands International, Cambodia

Ngoun NarinMinistry of Industry Mines and Energy, Cambodia

Sin ChhayMinistry of Public Works and Transportation, Cambodia

Srun Lim SongMinistry of Agriculture, Cambodia

Chan DaraMinistry of Environment, Cambodia

Ouk SiphanMinistry of Tourism, Cambodia

Vann MonyneathMinistry of Environment, Cambodia

Mao KosalIUCN-Wetlands International, Cambodia

Bernard O’CallaghanWetlands International, Cambodia

Magnus TorellICLARM – The World Fish Center, Malaysia

AAAAABSTRACTBSTRACTBSTRACTBSTRACTBSTRACT

This chapter raised several important issues on the legal, institutional and policyframeworks coastal resources and environmental management in the country. It showsthat a top down approach is still the predominant mode of managing natural resources inthe country. The paper also identified important constraints in policy, legal and institutionalaspects of natural resource management. Available policies on natural resources man-agement in Cambodia are too broad or too “demanding” in relation to available financialresources. There is also no specific coastal zone policy. The main constraints to theprotection, conservation and management of coastal and environmental resources are thelack of implementation of policies and the unclear responsibilities among local authoritieson how these policies are to be implemented.

BBBBBACKGROUNDACKGROUNDACKGROUNDACKGROUNDACKGROUND

Geographical CharacteristicsGeographical CharacteristicsGeographical CharacteristicsGeographical CharacteristicsGeographical Characteristics

Cambodia covers 181 035 km2 and shares its2 428 km land border with Thailand on the north-west, Lao PDR on the northeast and Vietnam on the

east and south. On the southwest, the coastlineextends for 435 km along the Gulf of Thailand(Figure 2.1). The coastal zone of Cambodia containsextensive forests and numerous bays and beacheswith several offshore islands. The largest town onthe coast is Sihanoukville, which has deep seaportfacilities and is considered one of the economic

17

areas lack freshwater, especially during the dryseason. Accurate information regarding the groundwater resource situation in these areas is lacking.

Economic PEconomic PEconomic PEconomic PEconomic Patternsatternsatternsatternsatterns

Civil disturbance greatly disrupted Cambodia’seconomy in the 1970s and slow growth persisted inthe 1980s. Since 1989, however, the economy hasseen rapid changes. Increased private sector partici-pation is being encouraged, contributing to amarked growth in the gross domestic product (GDP).Average per capita income in 1996 was estimated atabout US$300 (Ministry of Finance 1996). Theannual growth rate of GDP was about 5-7% in themid-1990s. Cambodia made remarkable progress inits economic growth from 1.2% GDP in 1990 to 7.6%in 1995, due largely to the strong performance ofthe industrial sector (growing at an average of 11% ayear), trade and transport (each growing at anaverage of 10% a year) and the service sector(growing at an average of 8% a year). Economicgrowth continued to be robust in early 1996 reach-ing 6.5%. The slight reduction in GDP growth for1996 was due largely to severe flooding that occurred

centers of Cambodia. Cambodia’s coastal climate istropical monsoon, which is typically hot and humid.The average annual temperature is around 27°Cwith a maximum of 35°C in April and a minimumof 19°C in December. The average annual precipita-tion varies from 2 000 to 4 000 mm. The rainyseason is from around June to October and the dryseason from around November to May.

The coastline is rocky and bordered by therugged and largely uninhabited Cardamom-El-ephant Mountains. The northern coast is protectedby hard rock, but the southern coastline is eroded bystrong waves during the southwest monsoon. Thestreams of many valleys are salty. Storms drivesurges of saline water into coastal paddies increasingsoil salinity in some areas. Mud irrigation is prac-ticed where muddy floodwater can be directed ontothe rice fields. The major coastline attributes aresandy shorelines, estuaries, lagoons and reefs. Thecoastline is characterized by waves, currents, riverflows and tides depositing sediments such as sand,gold and clay. Cambodia’s coastline is currentlybeing subjected to various stresses including man-grove deforestation and sand mining. The coastal

Figure 2.1 Administrative Map of Cambodia.

Gulf of Thailand

Thail

and

Battambang

Seam Reap

Kampong Thom

Pursat

KampongCroang

Laos

International BoundaryProvincial BoundaryRiversCoastal zone BoundaryCoastal zoneProvincial Capital

Kampong Cham

Scale : km

0 1.3 2.6 3.9

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in September and October. The flooding causedinternal displacement, damaged infrastructure andreduced crop output. More than 70% of investmentscome from the private sector including about 37% asdirect foreign investment.

Cambodia’s Service SectorCambodia’s Service SectorCambodia’s Service SectorCambodia’s Service SectorCambodia’s Service Sector

The steady growth of Cambodia’s service sectorindicates the positive impact of the changes in thecountry’s industrial base and increased publicinvestment in key infrastructures. Output is increas-ingly driven by growth in the garment sector, small-scale enterprises and other forms of foreign invest-ment rather than the production and export perfor-mance of traditional industries such as rubber andtimber.

Services including restaurants, shops, hotels andtrade related activities were the main contributors toeconomic growth, with the number of restaurantsand hotels growing at an average of 25% a year.

The multiplier effect of increased public invest-ment and the rehabilitation of transport and com-munications resulted in increased contributions togrowth. Productivity problems in the agriculturalsector reduced that sector’s contribution to theeconomy. Thus, while Cambodia is still highlydependent on the performance of agriculture, thenew industries and services are making an increas-ing contribution to the country’s economic develop-ment. The positive effects of efficient public utilitiesand social infrastructure on service and industryemphasize the need to maintain public investment

in core areas.

EmploymentEmploymentEmploymentEmploymentEmployment

In 1997, the active labor force was estimated at4.5 million, 75% of which are employed in agricul-ture (farming, forestry and fishing), while 20.5% areemployed in the service sector (wholesale and retailtrade, hotels and restaurants, transportation, publicadministration and personnel services) and 4.5% areemployed in the industrial sector. Employmentgeneration is a government priority because of theneed to provide jobs to about 250 000 low skilledpersons of working age, consisting of the openlyunemployed, disabled, refugees and the internallydisplaced. About 135 000 jobs have to be createdeach year to accommodate new entrants to the labormarket, including those from the planned reduc-tions of the armed services administration reform.The main features of the labor market are summa-rized in Table 2.1.

PPPPPopulationopulationopulationopulationopulation

In 1998, Cambodia’s population was estimatedat 11 million, with an annual growth rate of approxi-mately 2.8%. Khmer constituted about 90% of thepopulation while ethnic Chinese, Cham, Vietnameseand upland people make up the rest. About 80% ofthe population lived in rural areas. It is estimatedthat some 250 000 Cambodians have settled over-seas since 1970, wherein around 175 000 are in theUSA and around 40 000 are in France, while the restare in Canada, Australia and other countries.

Table 2.1 Employment Characteristics (Ministry of Planning 1997).

Employment Queue New Jobs Needed

Unemployed 3% labor force growth = 135 000Invalids Rural areas = 100 000Refugees Urban areas = 35 000Internally displaced Retrenchment rate: 30 000 over three years

Demobilization rate: 42 000 over three years

Constraints Current Employment

Low skills 75% in agricultureHigh dependency ratio 60% Self-employed in Phnom Penh

40% Wage earners in Phnom Penh

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About one-third of all household heads arewomen, who comprise 54% of the total adult popula-tion. The current average life expectancy is about 50years, higher than previous estimates but low byinternational standards. Infant and child mortalityrates remain high at 110 per 1 000 births. In 1990,the adult literacy rate was 48% for men and 22% forwomen. There remains a severe shortage of skilledlabor and professionals such as engineers, mastersand doctorate degree holders.

The average population density of Cambodia is61 persons per km2. Coastal areas are two to threetimes less populated than the average, and in KohKong Province, there are only nine persons per km2.Figure 2.2 shows the population density in thecoastal zone of Cambodia.

Figure 2.2 Population Density in the Coastal Zone of Cambodia (1996-1997).

The official language is Khmer, spoken byroughly 90% of the population. Until the 1970s,French remained the second language until thearrival of English as a language widely taught inschools. The main religion is Buddhism.

RRRRRESOURCEESOURCEESOURCEESOURCEESOURCE S S S S STTTTTAAAAATUSTUSTUSTUSTUS, B, B, B, B, BENEFITSENEFITSENEFITSENEFITSENEFITS ANDANDANDANDANDTTTTTHREAHREAHREAHREAHREATSTSTSTSTS

FFFFFishery Rishery Rishery Rishery Rishery Resouresouresouresouresourcescescescesces

Results of marine fisheries research inCambodia’s territorial seas from 1983-1986 con-ducted by Russian scientists show that there were435 fish species from 97 families in offshore waters(from 20 m deep up to the outer border) with a totalstock of 50 000 tons per year. The same sourceidentified seven shrimp species, one squid species

20

and two cuttlefish species. The latter stock wasestimated at about 1 300 tons per year.

Previous studies on the species composition ofinshore catches found 109 finfish species. Twentypercent of these were not identified in the researchdone in 1983-1986.

Research indicated that two major groupspredominated, scad and mackerel, with more than10% of the total fish stock. In the 1980s, Dr. VeravatHongskul studied the spawning movements andseasons of migratory species in the Gulf of Thailand.He also studied the importance of these two groupsof fish and indicated migratory patterns and spawn-ing areas in the Gulf of Thailand. Knowledge onthese patterns is known to local fishers in the region.

Mackerel and scad purse seining was introducedto Cambodia in around 1958. This was later fol-lowed by the introduction of trawls. Operation ofpurse seines at that time was mostly done inshoreand vessels had an engine capacity of less than 50hp. The total number of fishing vessels recordedbefore 1975 (purse seine, trawler, long line andnylon gill nets) was about a few hundred units. Therest of the fishing vessels were small non-motorizedcanoe using traditional fishing techniques such asfishing weirs, stack traps, beach seines and so on.Shrimp trawling was introduced after the 1970s.

Monofilament gill nets and large shrimptrawlers were heavily introduced from Thailandduring the Khmer Rouge period (1975-1978) andlarge shrimp trawlers and mackerel purse seineswere reported to have been used at the same time.Fishing was allowed only in Sihanoukville Bay andselected fisher groups settled in two areas—inThmar Sar/Chamlang Kor, Koh Kong Province andin Tomnop Rolork of Sihanoukville. Fish catcheswere locally consumed and used for the productionof fish sauce factories in Chamlang Kor (which isinoperative now) and Tomnup Rolork (which is stilloperated by private individuals), while shrimpcatches were exported to Thailand. This was donethrough Thai middlemen in exchange for fuel,fishing nets, medicine (which was the main barteritem), rice (occasionally) and others.

Catching shrimp in Koh Kong Province using

modern gear (big trawlers and monofilament gillnets) developed rapidly from 1981 due to the boomin the shrimp market. This subsequently led to adramatic decrease in almost all purse seine fishingand the traditional fishing operations, such as thoseusing fishing weir and stake trap. The target speciesfor the Koh Kong fisheries are shrimp, crab, squid,tuna, Spanish mackerel and rock fish, which were indemand in the Thai market. Surpluses of scad,mackerel and other low-value fish were also exportedto Thailand. In the last decade, depletion of theshrimp stock has led to a gradual change in themethods used for catching.

Shrimp trawlers have ceased operation, whileshrimp gill-netters have increased. Shrimp produc-tion from gill nets, which has recorded a yield ofhigher than 6 000 tons per year in the 1990s, willdecrease if this situation continues. Tables 2.2 and2.3 show the current fishing and catch efforts withinthe area of Koh Kong Province. Table 2.4 shows anestimate of fish catch production. The estimated orrecorded catches by shrimp gill net and crab gill netwould probably be at least double if the amount notregistered for tax purposes is considered.

The marine fishery production in Cambodia isofficially estimated at 30 000 tons annually, which isabout 30% of the total estimated fish production.The total estimated production (including freshwa-ter fish) is around 110 000 tons annually. Accordingto the National Environment Action Plan (Ministryof Environment 1998), the actual catch may behigher because the figures as shown in Table 2.4 donot include the harvests of foreign fishing fleets thatland their catch out of Cambodia, illegal commercialboats and subsistence or family fishing. Some fishersdo not register their catches to avoid tax.

AquaculturAquaculturAquaculturAquaculturAquacultureeeee

Cultivating shrimp is an important aquacultureactivity in Koh Kong Province. Other culturedspecies such as oysters and green mussels are not assignificant in terms of production and role in theeconomy. The main shrimp species is Penaeusmonodon. Pond yields are reported to be up to 7-8tons per ha for the new farms, and profit from thesefarms are attracting further investment. However,the shrimp industry in Koh Kong is experiencing

21

Table 2.2 Number of Fishing Effort of Koh Kong Province (Koh Kong Provincial Fishery Office 1997).

Fishing Gear Targeted Resource Capacity Number Fishing Ground

Purse seines Mackerels, scad -<50Hp 8Anchovys, shrimp ->50Hp 15 Inshore

-<50Hp 33 Inshore->50Hp 257 Inshore/offshore

Drift gill net Spanish mackerel -<5000m 28 Inshore/offshore

Set gill net Mullet -<5000m 141 Inshore/offshoreSeabass 18Mackerel 259Crab 208Shrimp 262

Trap Crab -non motorized canoe 87 Inshore

Squid -<50Hp 80

Stake trap Fish ->50Hp 2

Long liner Shark/stingray -<50Hp 42 Inshore/offshore/coralSnapper/grouper 10 reef area

Engine boat push net Fish/shrimp -<50Hp 34 Inshore

Portable push net -non motorized canoe 20 Inshore

Beach seine Fish/squid -non motorized canoe 6 Inshore

Table 2.3 Catch-Effort (tons) (Koh Kong Provincial Fishery Office 1997).

Type of Gear Yields

Mackerel purse seine 1 420Anchovy purse seine 958Shrimp trawl 1 340 + 5 897 trashfishShrimp gill net 1 797Fish gill net 1 890Crab gill net 390Crab trap 210Squid trap 498Fish stake trap 210Hook and line 295Push net 680Shellfish collector 123Beach seine net 48

22

serious problems such as shrimp disease and pollu-tion of culture areas. The shrimp culture generateseffluents that are discharged into the adjacent areasand the sea. This creates damage to other ecosystemsand subsequently disrupts economic activities.

Surveys of shrimp farming managementconducted by the Network of Aquaculture Centersin Asia and the Pacific (NACA) in the early 1995concluded that intensive shrimp farms had anaverage annual production of 7 545 kg per ha,valued at 42 million Riel. Although intensiveshrimp farms generated a high profit, shrimpfarmers faced significant environmental problems,particularly those farms located in acid sulphatesoils and/or acidic sandy soils. An estimated 14.5million Riel per year is lost due to disease. Totalenvironment related losses are estimated at 28.6million Riel yearly. The high financial losses requireurgent measures to improve the environmentalsustainability of shrimp farming in Cambodia. Oneconcrete step that local governments and concernedministries took involves the issuance of a morato-rium on the licensing of additional shrimp farms.

MangrMangrMangrMangrMangrove Fove Fove Fove Fove Forororororestsestsestsestsests

Based on Landsat data in 1992, the totalmangrove area of Cambodia was 83 700 ha. Sev-enty-five percent of these mangroves can be foundin Koh Kong, while 16% is in Sihanoukville. Theremaining 9% (7 300 ha) is located in Kampot.Important mangrove forest areas are located in thelarge estuaries of Peam Krasob/Koh Sralao in KohKong Province. These are reported to be some ofthe most pristine mangrove forests left in the

region. There are other estuaries with mangrove florasuch as Koh Por, Koh Yor, Dong Tong, Anduong Tukand Sre Ambel, but they cover small areas.

Fishery laws promulgated in 1987 consideredthe exploitation of mangroves illegal for any pur-pose except by special license issued by the Depart-ment of Fisheries. Despite enforcement by bothcentral and provincial fishery surveillance units, theclandestine harvesting of mangroves continued andeven intensified, resulting in the serious degradationof this resource. Another cause of mangrove degra-dation is the establishment of intensive shrimpculture in mangrove areas.

Coral RCoral RCoral RCoral RCoral Reefseefseefseefseefs

Coral reefs are abundant around Koh Karang inKampot Province. In fact, almost all islands haveabundant coral reefs. The reefs in Cambodia aresimilar to those found along the coast in the nearbyThai provinces of Chantaburi and Trat.

DDDDDEVELOPMENTEVELOPMENTEVELOPMENTEVELOPMENTEVELOPMENT P P P P POTENTIALOTENTIALOTENTIALOTENTIALOTENTIAL ANDANDANDANDAND O O O O OPTIONSPTIONSPTIONSPTIONSPTIONS

Cambodia is a developing country whoseeconomy has been destroyed by two decades of civilwar. Through steady rehabilitation and reconstruc-tion efforts, Cambodia is transforming its economyto a free market system since the democratic electionwas held in May 1993. Since its earliest days,Cambodia has always relied on agriculture. Itsimportance in the economy is exemplified by thehigh regard the Khmer culture holds for the virtuesof the farmer — initiative, hard work and self-sufficiency. However, agricultural production figures

Table 2.4 Fish Production (tons) (DoF 1997).

Year Total Fish Production Marine Production Freshwater Production

1990 111 400 39 900 65 1001991 117 800 36 400 74 7001992 111 150 33 700 68 9001993 108 900 33 100 67 9001994 103 200 30 000 65 0001995 112 510 30 500 72 5001996 104 310 31 200 63 5101997 103 850 28 000 75 850

23

indicate that this reverence for the farmer and histrade may be misplaced. Farmers have never beenself-sufficient since they have always been dependentto a large extent on factors outside their control suchas the weather, agricultural facilities, fertilizers andthe prices they receive for their products. Agriculturalinfrastructure is not efficiently developed. The yieldof paddy cultivation is as low as 1 ton per ha. Rubberproduction remains lower than 1 ton per ha.

Before the Khmer Rouge in the 1960s, industryin Cambodia was divided into two sectors. There wasa flourishing private sector and a public sectorexperiencing problems due to high dependence onforeign aid and credit. In the construction materialsector, the most important factory was the ChakreyTing cement factory. The first stage was erectedfrom 1960 to 1964 and produced 53 500 metric tonsin 1965, 60 000 metric tons in 1966 and 155 000metric tons in 1969. The cement was of goodquality. A urea factory was planned to be erectednear the petroleum refinery in Sihanoukville, but itwas halted by the events of March 1970. A smallfertilizer phosphate-milling factory was erected nearone of two small phosphate deposits at Touk Meas,Kampot Province. The factory was inefficient due topoor management.

Another sector in the coastal zone having greatpotential was agricultural raw materials and agro-industries. The predominant feature in the 1960swas the small and medium scale rice mills. Theyproduced rice of good quality and they were alsoable to use the by-products. Rice was exported fromthose mills. Many cottage industries produced foodpaste and fish sauce as well as traditional saltedmeat, vegetables and fish. In 1968, the KhmerDistillery Company erected a modern brewery atSihanoukville with a capacity of 1 000 000 hecto-liters of beer of excellent quality. Most of it wasexported to Vietnam.

During 1970-1978, the economic structure inCambodia was turned upside down due to theinstability caused by the Khmer Rouge regime. As aresult, the transportation system, industrial output,commerce, trade and other services were totallydestroyed and the national economy went down tozero.

In late 1993, foreign firms began returning to thecountry. A number of businesses submitted theirproposals to the Ministry of Industry, Mines andEnergy (MIME) for consideration. Among those, agreat number of textile and garment firms have beenregistered and issued with licenses. The governmentestablished a 900 ha Industrial Zone and a 260 haExport Processing Zone in Sihanoukville (MIME1994). Factories have been built in the coastal prov-inces such as phosphate fertilizer and cement facto-ries in Kampot Province, a brewery and an oilrefinery in Sihanoukville (Table 2.5).

In 1994, foreign trading companies registeredwith the Ministry of Commerce accounted for 1 200establishments along with a great number of ForeignDirect Investments (FDI) in the industrial sectorwere registered with the MIME. At present, Cambo-dia has a large pool of cheap labor. There is greatpotential for increases in agricultural primaryproduction as well as in the development of mineraldeposits scattered all over Cambodia.

LLLLLOCALOCALOCALOCALOCAL U U U U USESESESESE ANDANDANDANDAND M M M M MANAGEMENTANAGEMENTANAGEMENTANAGEMENTANAGEMENT

Access to Coastal RAccess to Coastal RAccess to Coastal RAccess to Coastal RAccess to Coastal Resouresouresouresouresourcescescescesces

Cambodia and other Southeast Asian countriesare predominantly dependent on coastal resources.It is estimated that 30-50% of people in the coastalareas are involved in fishing. Other coastal residentsare engaged in logging, trading, farming, charcoalproduction and harvesting non-timber forestproducts. Mangrove swamps serve as good habitatsfor fish and provide other economic benefits.Although the mangrove areas were designated asfishery domains, communities still continue toexploit the mangrove resources with little lawenforcement to stop illegal activities.

Currently, management responsibility for coastalresources lies with the government as the primarydecision-makers based on a top down approach.Another approach would be to have more commu-nity involvement in managing these resources in amore sustainable way. Most of the people have soldtheir recently cleared land to land speculators whopaid a small amount to the local community membersearly in 1996 through an arrangement assisted by the

24

Table 2.5 List of Factories in Coastal Provinces (Planning Department, MIME 1997).

Number Name Products Location Status Number ofEmployees

1 Food, breweries and cigarettea Sun Wah Fisheries Co. Ltd Frozen shrimps Sihanoukville Working 780

b Angkor Beer Factory Beer and soft Sihanoukville Working 100(Cambrew) drink, Angkor

and Pepsi Cola

2 Textile, apparel and leather industriesa Rao Yuan Garment Corp. Garments Sihanoukville Working 360

3 Manufacture of chemicals, petroleum, coal, rubber and plastic productsa Phosphate Fertilizer Factory Phosphate Touk Meas, Not Working 160

fertilizer Kampot

4 Manufacture of non-metallic mineral products, except petroleum and coala Naga Cement Factory Cement Chakrey Ting, Working 319

Kampotb Thai Bun Rong Cement Phnom Laang, Under

Kampot Constructionc Golden Dauphin Cement Touk Meas, Under 304

Kampot Construction

local administrative authority. An example is a landarea of 700 ha which had been reportedly purchasedby an outside investor from Sihanoukville for shrimpfarming. However, no concrete development has beenmade and the local people are getting limited (or no)benefit from making canals and clearing the man-grove forests.

FFFFForms of Local Useorms of Local Useorms of Local Useorms of Local Useorms of Local Use

MangrMangrMangrMangrMangrove Charove Charove Charove Charove Charcoal Kilncoal Kilncoal Kilncoal Kilncoal Kiln

Coastal people have two sources of charcoal:trees from inland forests and mangroves. A 1994estimate stated that in Koh Kong there were morethan 300 charcoal kilns producing over 24 000 tonsof charcoal of which about 94% was exported toThailand. An estimated 100 000 tons of mangrovewood is needed to produce this amount of charcoal.The mangrove charcoal producers west of BokorNational Park, Sihanoukville complain that littlemangroves can be cut because most of the mangroveforests (about 700 ha) is owned by a private investorwho prohibits harvesting.

FFFFFishingishingishingishingishing

Fishing operations along the coastline aregenerally confined to one trip per day as traditionallypracticed among local fishers and to some extent dueto types of fishing boats, equipment, landing portsand availability of markets. At present, most fishingvessels compete to exploit inshore rather thanoffshore resources. Most marine products (particularlyfrom Koh Kong) are exported to Thailand due to thelack of local markets and transport facilities inCambodia. Less than 20% of the total marine prod-ucts are consumed locally. Fishers used to sell theircatches to private middlemen, processors andretailers but the price they obtain is often low.

The income generated from fishing activities hasgradually decreased during the last five years due tothe following factors:

! Market constraints;! Poor preservation technology;! Resource depletion; and! Security.

25

The increase of motorized push netters, aprohibited fishing gear, has contributed to theincreased exploitation of fishery resources in thecoastal areas. Detailed surveys need to be done to getreliable estimates on fish production and its valuefor the local communities and the nation as a whole.

FFFFFish Pish Pish Pish Pish Prrrrrocessingocessingocessingocessingocessing

Fish processing also provides employmentopportunities to the local communities and it is asource of employment for women. Subsequently,increased job opportunities will contribute to theupgrading of the living standards by providing extraincome. Marine fish species are processed forhuman and animal consumption. Most processedproducts are consumed domestically while higherquality, higher valued products are exported mainlyto other Southeast Asian markets. Principal speciesprocessed include finfish and shrimp (dried, icedand frozen), squid, octopus, crab and sea cucumber.Processing involves a range of basic preservationtechniques. These techniques include sun drying,smoking and steaming. In addition, there is asignificant volume of traditional processed fisheryproducts (fermented fish, fish paste and fish sauce).Traditional processing absorbs a high volume ofsmall fish.

Medicinal PlantsMedicinal PlantsMedicinal PlantsMedicinal PlantsMedicinal Plants

Coastal people have traditionally used man-groves and its associated fauna for medicine andother purposes. In Koh Kong, a mangrove species,Excoecaria agallocha, is used to treat diarrhea. Afungus called Sam Bok Sramoch (literally home of ant)is dried and used as a medicine for a certain lungdisease. There are many more traditional uses ofmangroves as have been mentioned by other authors.

AAAAAquaculturquaculturquaculturquaculturquacultureeeee

The techniques for shrimp farming along thecoastal areas are intensive, involving high stockingdensities, formulated feed, aeration and regularwater exchange. This system can provide maximumannual production of up to 9-10 tons per ha.However, the aquaculture industry in Koh Kongprovince has increasingly started to experience theserious negative side effects of intensive shrimp

farming. These effects include economic losses dueto shrimp diseases and pollution of culture areascaused by indiscriminate discharge of pond effluent.Resource use conflicts, particularly with farmslocated in or near mangrove areas, have also becomea concern in the province.

In Kampot, 1 438.8 ha is being proposed foraquaculture development along the coastline.However, only 197 ha of aquaculture area are legal.Some shrimp farms and mangrove areas have alsobeen converted to saltpans. Along the whole Kampotcoastline, 1 079 ha has been selected and designatedas fishery reserves. Certain mangrove areas are alsopreserved to protect the forests and the aquaticresources. The economic interest in salt is a threat,and there is a danger that saltpan development willencroach into these reserves.

Coastal TCoastal TCoastal TCoastal TCoastal Tourismourismourismourismourism

Eco-tourism is seen as a way of addressingresource conservation and economic development.In Cambodia, there are four major coastal areaswhich attract both local and foreign tourists—Sihanoukville and Kep beaches and two nationalparks, Kirirom and Bokor.

The offshore islands are presently being devel-oped as natural resorts. These include Koh Rong,Koh Thash and Koh Rongsanlem whose coral reefsand seagrass beds are in very good condition. It isanticipated that the local communities will get theopportunity to benefit from these tourism develop-ments by being provided with a market to sell theiragricultural products and handicrafts as well as bybeing able to develop boat and car rental services.However, at this stage, local communities should bemade aware of the importance of conserving andprotecting coastal resources in order to attain localand national economic growth.

VVVVValue of Marine and Coastal Resouralue of Marine and Coastal Resouralue of Marine and Coastal Resouralue of Marine and Coastal Resouralue of Marine and Coastal Resourcescescescesces

No comprehensive estimates have been made onthe real and potential values of Cambodia’s marineand coastal resources. Present figures underestimatethe levels of exploitation, the value of fish caughtand the potential for tourism. This in turn leads toan undervaluation of these resources and their

26

potential when compared to what seems to be moreprofitable industrial development.

Local Management ExperiencesLocal Management ExperiencesLocal Management ExperiencesLocal Management ExperiencesLocal Management Experiences

Initiative on Coastal ResourInitiative on Coastal ResourInitiative on Coastal ResourInitiative on Coastal ResourInitiative on Coastal Resources Managementces Managementces Managementces Managementces Management

Fishery associations do not as yet exist amongCambodia’s coastal communities. However, informalinteraction among fishers or groups of fishers takesplace in connection with the actual task of fishing orrelated activities on shore. Among more well offfishers, there has been an increasing use of im-proved communication to support each other whenthey are fishing. During accidents, it is reported thatgood cooperation exists among fishers.

In 1997, the Department of Nature Conserva-tion and Protection (DNCP) hosted a workshopfunded by the World Conservation Union (IUCN)to review the draft Management Plan of ReamNational Park. Fishers, forest resource users and thecommune leaders were invited to participate in theworkshop. Activities such as this can encouragethem to organize themselves into associations,cooperatives, or other interest groups so that theycan better manage and protect their coastal re-sources.

CurrCurrCurrCurrCurrent Mangrent Mangrent Mangrent Mangrent Mangrove Managementove Managementove Managementove Managementove Management

Following the 1993 general election held underthe auspices of the United Nations TransitionalAuthority of Cambodia (UNTAC), the country’seconomy opened up. As a result, there is additionalpressure on the coastal resources. The capacity tomanage and control the development has not keptpace with increased exploitation.

In Koh Kong Province, charcoal production wasuncontrolled. The government intervened anddismantled the charcoal kilns in the mangroveareas. In 1996, the MoE’s DNCP took action anddestroyed the charcoal kilns built in the ReamNational Park. Effective prohibition of charcoalproduction would reduce the threat to continueddestruction of mangroves. However, the reality isthat the destruction will continue as many smallerkilns are still operating inside the mangrove areas.

Impact of CurrImpact of CurrImpact of CurrImpact of CurrImpact of Current Fent Fent Fent Fent Fishing Pishing Pishing Pishing Pishing Practicesracticesracticesracticesractices

The fish catch will continue to drop as morepeople are engaged in fishing. The growing numberof people engaged in fishing together with the use ofimproved fishing technology will increase pressureon existing resources. If fishing is allowed to in-crease, coastal areas will experience reduction ofavailable fish stocks in the future. The present typesof trawling practiced in shallow waters are reducingthe resources available for small-scale fisheries.These trawling practices are continuing illegally,although according to the Fisheries Law, trawling inwaters of less than 20 m depth is prohibited.

Prior to the 1970s, the mangrove areas providedgood habitats for fish and other aquatic animals.There were plenty of resources and the coastalpeople did not have to invest large sums for fishinggear. Exploitation of mangroves for firewood andcharcoal increased after 1979 and intensified in the1990s.

Development of SaltpansDevelopment of SaltpansDevelopment of SaltpansDevelopment of SaltpansDevelopment of Saltpans

In Kampot Province, saltpan expansion since1998 has caused the destruction of mangroves, lossof biodiversity, and reduced subsistence benefits forlocal communities. Saltpan expansion also reducesthe natural value of coastal areas, which affectstourism as well.

The fishery resources are the main source oflong-term income and livelihood for the people,especially with regards to the subsistence of poorfamilies. The destruction of mangroves in theseareas will affect the people directly with regard tofish availability and the domestic use of firewood.Apart from what has been mentioned in relation tothe resources within the mangroves, the destructionof mangroves will also cause erosion and sedimenta-tion in coastal areas and will reduce the naturalability of the ecosystem to protect itself againststrong winds.

RRRRReligion and Teligion and Teligion and Teligion and Teligion and Traditional Beliefraditional Beliefraditional Beliefraditional Beliefraditional Belief

Ethnicity and ReligionEthnicity and ReligionEthnicity and ReligionEthnicity and ReligionEthnicity and Religion

Buddhism is the state religion of Cambodia.

27

About 90% of Cambodians are Buddhists. Theremaining population is either Muslim or Christian.The majority of people in Cambodia’s coastalprovinces, Koh Kong and Kampong Som, are:

Khmer 90.0% in Koh Kong and 89.8%in Kampong Som;

Cham 5.6% in Koh Kong and 6.1%in Kampong Som;

Vietnamese 1.8% in Koh Kong and 1.8%in Kampong Som;

Chinese 0.2% in Koh Kong and 2.2%in Kampong Som;

Thai 2.3% in Koh Kong and nodata for Kampong Som; and

Soach (no data for Koh Kong and0.08% in Kampong Som).

It is estimated that the number of Vietnameseshould be higher in Kampot as it is the coastalprovince closest to Vietnam (Ministry of Environ-ment et al. 1996). Cham and Soach are Muslims.

Muslim coastal communities are often fishingcommunities. The Working Group found that in thecoastal villages composed of different ethnic andreligious groups, such as Tropaing Ropov (KampotProvince) and Tomnop Rolork (SihanoukvilleProvince), the Muslims and Vietnamese are almost100% dependent on capture fisheries. Thais andMalaysians are active in cage aquaculture and theChinese (Chinese-Khmer) are fish collectors and/ormiddlemen. The ethnic Khmer are mainly involvedin crop cultivation. An emerging concern is that iffish production drops, fishing dependent groupslike the Soach will have to turn to something elsesuch as logging.

TTTTTraditional Beliefraditional Beliefraditional Beliefraditional Beliefraditional Belief

There is a continuing belief by coastal villagersin the “ocean spirit”. Many aspects of this traditionare concerned with good or bad luck. Fishers do notwant to catch dolphins accidentally or intentionallyas they believe this will bring them bad luck. If theyhappen to catch one, they release the dolphin backinto the sea with the hope their good luck willreturn. It is common to invite Buddhist monks toperform ceremonies to expel bad luck. Fishers incoastal areas respect the Grand Lady known as “Yeay

Mao”. It is believed that her hands hold the entireGulf of Thailand and the destiny of those fishingthere is in her control. Usually prayers to Yeay Maoare offered when fishers are threatened at sea.

Local Initiatives to Combat theLocal Initiatives to Combat theLocal Initiatives to Combat theLocal Initiatives to Combat theLocal Initiatives to Combat theDegradation of MangrDegradation of MangrDegradation of MangrDegradation of MangrDegradation of Mangroves and Otheroves and Otheroves and Otheroves and Otheroves and OtherCoastal RCoastal RCoastal RCoastal RCoastal Resouresouresouresouresourcescescescesces

The coastal areas have not been defined ordelimited in any government regulation. Thewetlands and watershed areas of the coastal prov-inces should be set aside when boundaries orreserves are established.

A major form of degradation of coastal re-sources has been the clearcutting of mangroves.Although the Fisheries Law states that the man-groves should be managed based on their being afishery domain, people are encouraged to clearmangroves to make way for shrimp farms andsaltpans because it is more profitable than otherventures. In 1995, the area for shrimp farms in KohKong Province increased to 1 000 ha. Out of thistotal, about 280 ha were actually in operation while150 ha were under construction and the remainingplots were waiting to be sold or put up as jointventures with Thai shrimp farmers (Ministry ofEnvironment et al. 1996).

Since 1996, one villager from Lork Village,Kampong Trach of Kampot Province has replanted ahalf-hectare mangrove. So far, no one from thecommune has continued this initiative as they find itdifficult to protect the plantation. However, thereare positive signs. The local community has collabo-rated with the Australian People for Health, Educa-tion and Development Abroad (APHEDA) to pre-pare plans to replant mangroves in a 30 ha area.The provincial fishery and agricultural office haveexpressed willingness to participate in this effort(Kampot Fisheries Office 1998). Should the planproceed, it would be a step towards improvedinteraction between villagers and governmentinstitutions in resource management.

To reduce the threats to mangroves, a series offive workshops was conducted by APHEDA for 130participants from 26 villages in Kampot Province.They were shown guidelines on the conservation

28

Figure 2.3 Organizational Structure of the Fisheries Department.

Department of Fisheries

Loeuk DaekFishing Unit

Boeng Tonle SapFishing Unit

Bangkang VeaFishing Unit

Kandal Stung Fishing

Fishery ResearchStation

Fisheries Domain, Aquaculture andExtension Office

Exploitation Office

Vice-Director

Import-ExportFishery Company

Vice-Director

Kompong SomFishery Enterprise

Frozen Factory No. 1

Frozen Factory No. 2

Fish Processing Unit

Administration andOrganization Office

Planning andAccounting Office

Inspection Unit

Contention Unit

Marine Inspection Unit

Great Lake Inspection Unit

Mekong FisheryInspection Unit

Chaktomuk FisheryInspection Unit

Provincial FisheryDivisions

and sustainable use of mangrove resources. The lawson fisheries domain and the establishment of pro-tected areas provide a legal mandate to conserve andmanage this coastal resource.

To address the issue of unregulated increases inthe number of shrimp farms, the Fisheries Depart-ment has established the following conditions:

! Clearing of mangrove forests for shrimpfarming is prohibited;

! Wastes from shrimp ponds must be treatedbefore being discharged into the sea; and

! Shrimp ponds must be constructed at least150 m above the shoreline.

However, these conditions are to a large extentnot observed even though shrimp farmers are awareof the negative impact of their operation on theenvironment.

IIIIINSTITUTIONALNSTITUTIONALNSTITUTIONALNSTITUTIONALNSTITUTIONAL A A A A ARRANGEMENTSRRANGEMENTSRRANGEMENTSRRANGEMENTSRRANGEMENTS

There are several main government institutionswhose activities are related to the use and manage-ment of the natural resources and the environmentin the coastal zone. In addition, there are somecommittees and non-government organizations(NGOs) that are also key players in managing thisarea.

29

Figure 2.4 Organizational Structure of the Ministry of Industry, Mines and Energy.

Minister

Secretary of State

Undersecretary of State

Financial InspectionOrganization

VolumetricDepartment

Geology and MinesDepartment

Petroleum Department

Energy Department

Sanitary WaterDepartment

Technical Department

Industrial WorkDepartment

Technical General Director

Provincial and MunicipalDepartment of Industry,

Mines and Energy

Inspection

Finance andAccounting Department

Personnel Department

Administrative Department

General Director ofAdministration and

Finance

Cabinet Advisors

Line MinistriesLine MinistriesLine MinistriesLine MinistriesLine Ministries

MinistrMinistrMinistrMinistrMinistry of Agricultury of Agricultury of Agricultury of Agricultury of Agriculture, Fe, Fe, Fe, Fe, Forororororestrestrestrestrestry andy andy andy andy andFFFFFisheriesisheriesisheriesisheriesisheries

The Ministry of Agriculture, Forestry andFisheries (MAFF) has major responsibilities inmanaging and controlling natural resource use inthe coastal zone. It has management responsibilityfor environmental protection in general. TheMinistry has an organized and developed adminis-trative system at the national, provincial, district andeven at the commune levels. The Department of

Fisheries (Figure 2.3) is mandated to manage activi-ties related to water, fisheries, flooded forests,mangroves, swamps and industrial fisheries and isresponsible for the management and use ofCambodia’s inland forest resources and the protec-tion of wildlife.

MinistrMinistrMinistrMinistrMinistry of Industry of Industry of Industry of Industry of Industryyyyy, Mines and Ener, Mines and Ener, Mines and Ener, Mines and Ener, Mines and Energygygygygy

The Royal Government of Cambodia establishedthe MIME in accordance with the Constitution. TheMIME acts as one of the principal catalysts to createa conducive atmosphere for the industrial and

30

economic development of the Kingdom, whilesafeguarding the welfare of the people and theenvironment. This Ministry has organized anddeveloped administrative systems at the national,provincial and district levels. The MIME has threedepartments—Technical, Mines, and Energy (Figure2.4). Moreover, it has the obligation to manage anddevelop all projects within its mandate in an envi-ronmentally sustainable manner. The major respon-sibilities of the MIME related to coastal develop-ment and coastal zone management are as follows:

! To promote the economy and generateemployment opportunities through thedevelopment of industrial activities, espe-cially in the Sihanoukville region;

! To promote mining activities, hydropowerdevelopment and oil and gas exploration inthe coastal and marine zone of Cambodia;and

! To develop legislation, policy and plans thatshall encourage the growth of these indus-tries.

MinistrMinistrMinistrMinistrMinistry of Ty of Ty of Ty of Ty of Tourismourismourismourismourism

The MoT was established by a Royal Decree(1996) as an administrative organization (Figure 2.5)placed under the authority of the Royal Governmentof Cambodia assigned to direct and encourage thetourism industry.

Its main responsibilities related to the coastalzone of Cambodia are as follows:

! To work with other ministries to preservethe coastal zone;

! To develop accessible infrastructure in thecoastal zone;

! To promote various coastal zone attractionsof the Kingdom;

! To develop a master plan to manage thecoastal zone for tourism; and

! To develop tourism legislation, policy andplans related to the coastal zone tourismsector.

MinistrMinistrMinistrMinistrMinistry of Py of Py of Py of Py of Public Wublic Wublic Wublic Wublic Works and Torks and Torks and Torks and Torks and Transportransportransportransportransport

The MPWT is responsible for the developmentand implementation of policies and legislation for

the transportation sector throughout the country. TheMPWT (Figure 2.6) is also responsible for all trans-port infrastructures in the country including roads,railways, airports, ports and waterways as well aspublic buildings.

MinistrMinistrMinistrMinistrMinistry of Ry of Ry of Ry of Ry of Rural Developmentural Developmentural Developmentural Developmentural Development

This newly created ministry is consideringmodels to assist in the development of the ruralpoor as well as appropriate administrative structuresfor the implementation of rural development(Figure 2.7). This Ministry should be consulted inthe development of community-based projects.

MinistrMinistrMinistrMinistrMinistry of Enviry of Enviry of Enviry of Enviry of Environmentonmentonmentonmentonment

The MoE was established in 1993, soon after theUN-sponsored election. It deals with problemsrelated to the management, conservation andprotection of the environment throughout thecountry. The planning and management of theprotected area system in the coastal zone falls underits jurisdiction. The management structure of theMinistry is divided into central and local administra-tions (Figure 2.8).

According to Article 3 of the Sub-decree on theOrganization and Functioning of the MoE, it has thefollowing main responsibilities:

! To develop an environmental policy basedon sustainable development and to imple-ment the National and Regional Environ-mental Action Plans in cooperation withother ministries;

! To prepare and implement legal instru-ments to ensure sustainable development;

! To institute the Environmental ImpactAssessment (EIA) of all proposed and on-going projects and activities, both publicand private;

! To advise relevant ministries on the conser-vation, development and management ofnatural resources as prescribed in Article 59of the Constitution;

! To administer the National Protected AreasSystem following the Royal Decree on theCreation and Designation of Protected Areasand to propose new areas for the system;

! To prepare inventories on the source, nature

31

Figure 2.5 Organizational Structure of the Ministry of Tourism.

General Directionof Tourism

Minister

Secretary of State

Undersecretary of StateUndersecretary of State

Cabinet Advisors

Inspection

Administrationand FinanceDepartmentTourism

IndustryDepartment

CulturalTourism

Department

Educationand TrainingDepartment

PlanningDevelopmentDepartment

Marketing andPromotion Department

Provincial and MunicipalTourism Department Financial Controller

and amount of pollutants and to take mea-sures to prevent, reduce and control environ-mental pollution;

! To prepare inspection procedures as men-tioned in Article 9 of the Law on Environ-mental Protection and Natural ResourcesManagement;

! To prepare and conduct education programsat all levels, including local communities, incooperation with relevant ministries andnational and international organizations;

! To compile, analyze and manage environ-mental data;

! To initiate and prepare proposals to thegovernment that fulfill international agree-ments, conventions and memoranda ofunderstanding related to environmentalprotection and to implement such interna-tional agreements;

! To promote incentives for investmentprojects which facilitate environmentalprotection and nature conservation; and

! To cooperate with national organizations,NGOs, foreign governments and localcommunities in order to ensure the environ-ment is protected in the Kingdom.

PPPPPrrrrrovincial Aovincial Aovincial Aovincial Aovincial Authoritiesuthoritiesuthoritiesuthoritiesuthorities

The provincial authorities are under the directcontrol of the Ministry of Interior. The provincialauthorities are the main government authorities thatoversee local government administration, promoteeconomic development and strengthen law enforce-ment through coordination. The provincial authori-ties are divided into districts, which are then dividedinto communes and villages (Figure 2.9).

Apart from the roles and duties stated above,provincial governors have other administrativepowers such as:

! To ensure public order, security and safety inthe province;

32

Figure 2.6 Organizational Structure of the Ministry of Public Works and Transport.

Minister

Secretary of State

Cabinet Advisor Undersecretary of State

Secretariat

Regional Department of Public Works and Transport

Provincial Department of Public Works and Transport

Control UnitGeneral

Directorate forPWC

GeneralDirectorate for

Transport

GeneralDirectorate forAdministrative

Affairs

Department ofPersonnel and

Human Resources

Department ofPlanning

Department ofAccounting and

Finance

AdministrationDepartment

Department ofMerchantShipping

Department ofInland Waterway

Transport

Department of Roadand Transport

Center of HeavyEquipment

Department ofRoads

Center of TechnicalResearch

Department ofPublic Buildings

Department ofWaterways

Department of AirportInfrastructure

! To propose national and provincial budgets;! To control tax collection in the province;! To issue certificates and land titles;! To manage and use provincial assets as

defined by law;! To take measures to protect and preserve the

culture, national heritage and environment;! To propose socioeconomic programs, which

conform with national government policies

and programs; and! To issue licenses for trade, resource extrac-

tion and handicrafts in accordance with thelaw.

All provincial and municipal taxes collected areremitted to the national treasury under the Ministryof Economics and Finance, which then disburses torelevant ministries and provinces in accordance with

33

Figure 2.7 Organizational Structure of the Ministry of Rural Development.

Cabinet

Minister

Advisors

Provincial RuralDevelopment

General Directorate for Administration,Finance and Planning Affairs

GeneralInspection

General Directoratefor Technical Affairs

Department of Procurementand Finance Secretariat Department of Rural Economy

and Development

Department of Planningand Public Relations

Inspection of Administrationand Technical Affairs

Department of CommunityDevelopment

Department ofRural Health CareInspection of Finance AffairsDepartment of Training

and Education

Department ofRural Water Supply

the National Assembly’s decision.

However, the provincial and municipal authori-ties have the obligation to regulate tax collection,plan and estimate the amount of tax to be collected,promote economic development and upgrade servicesand exploitation for the purpose of improved taxcollection (Law on Financing and Property Regime inProvinces and Municipalities 1998).

CommitteesCommitteesCommitteesCommitteesCommittees

National Committee for Land Management,Urbanization and Construction

The Committee was created on 18 December1997 by the Sub-decree on the Creation and Organi-zation of the National Committee for Land Manage-ment, Urbanization and Construction. Thereafter,Sub-committees for each of the coastal provinceswere also established.

The major responsibilities of the Sub-committeeare:

! To prepare land use plans, includingurbanization;

! To control construction and installationworks through the regulation of buildinglicenses;

! To protect the national patrimony, environ-ment and natural resources and ensureeconomic development; and

! To issue stop work orders, seize constructionmaterials and prosecute violators.

National Coastal Steering Committee

The Committee was created in 1997 and holdsregular meetings among ministries, coastal provin-cial governors, as well as representatives from coastalprojects, NGOs and international organizations(IOs). The Committee has a Coastal Coordinating

34

Figure 2.8 Organizational Structure of the Ministry of Environment.

Undersecretary of StateUndersecretary of State

Secretary of State

Minister

FinancialControl Unit

Administration and FinancialDepartment

GeneralDirectorInspection

Provincial Department ofEnvironment

Department of Planningand Legal Affairs

Department of Pollution Control

Department of Natural ResourceAssessment and Environmental

Data Management

Department of EnvironmentalImpact Assessment Review

Unit (CCU) based at the MoE serving as its secre-tariat. The committee membership includes:

! The Minister of Environment (Chair);! Undersecretaries of State from: Ministry of

Agriculture, Fisheries and Forestry (ViceChair), Ministry of Tourism, Ministry ofIndustry, Mines and Energy, Ministry ofPublic Works and Transport, and Ministry ofRural Development;

! Governors of the coastal provinces;! Representative from the Cambodian Devel-

opment Council;! Representative from the Danish Ministry of

Foreign Affairs (Danida);! Observers from coastal projects; and

! Representatives from NGOs and interna-tional organizations.

This committee is responsible for the overalldirection of coastal projects and activities. Allcommittee members should ensure the cooperationof their line ministries and provincial authorities.The committee also seeks to align the activities ofcoastal projects with national development priorities.The committee also provides technical advisers inpreparing proposals for coastal projects. For in-stance, the proposal for Phase II of the Danidaproject on Environmental Management in theCoastal Zone of Cambodia has been reviewed by thecommittee. Though the committee has a secretariatwithin the MoE, there is still a need for office

35

Figure 2.9 Organizational Structure of the Ministry of Provinces and Municipalities.

1st Deputy Governor of Provincesand Cities

MinisterRegiment Commander Court

Inspection Team Provincial Commission ofProvinces and Cities

GeneralDepartmentCabinet

Income Office Department .....Political AffairsOffice

Manner andDocument Office

Expense Office Department .....Economic AffairsOffice

Public RelationsOffice

AccountingOffice

Department .....Court Affairsand Prison OfficeStaff Office

Information Office

Department .....Land AffairsOffice

DocumentationOffice

General Affairs Office

District Level

Commune Level

Social Affairs Office

Radio CommunicationOffice

Finance 3rd DeputyGovernor

2nd DeputyGovernor Department .....

Department .....

facilities and equipment for its operation.

The meetings of the National Coastal SteeringCommittee focus on exchanging ideas, consensusbuilding as well as generating suggestions forimplementing sustainable coastal projects. Thefollowing are examples of issues discussed at previousmeetings:

! The sustainable development of coastal and

marine resources;! Proposals to prohibit and prevent all

development projects that cause negativeenvironmental impacts on the coastal zone;

! Proposals to the MoE to issue and imple-ment the Law on Environmental Protectionand Natural Resources Management. Thiswill facilitate the participation of provincesand concerned institutions in contributingto environmental protection; and

36

! Requests for the establishment of coastalzone coordinating committees at the provin-cial level in order to improve project imple-mentation.

Coastal Coordinating Unit

The CCU was created in 1996 as part of MoE tohelp coordinate activities relating to coastal andmarine environmental management of the King-dom. The Unit plays a very important role byproviding secretariat assistance to the NationalCoastal Steering Committee during meetings andworkshops. The Unit’s functions are to:

! Coordinate and cooperate with interna-tional organizations, government institu-tions, NGOs and the private sector incoastal and marine project development;

! Promote sustainable implementation ofcoastal and marine projects and ensure thatthere are no overlaps with existing projects;

! Report directly to the Minister, DirectorGeneral, and indirectly, to the Departmentsunder the MoE on coastal activities; and

! Provide information and advice on thepositive and negative environmentalimpacts of projects in the coastal zone.

The Unit also coordinates with other interna-tional bodies such as the Coordinating Body on theSeas of East Asia (COBSEA), South-East AsianProgram on Ocean Law, Policy and Management(SEAPOL), International Maritime Organization(IMO), IDRC and others.

The CCU is now trying to build its capacity andimprove its facilities and equipment for betterimplementation.

Other Committees and NGOs

There are other proposed committees that dealwith coastal zone management. These include theNational Committee for Wetland Management, theNational Committee for Climate Change and theNational Committee for Protected Areas andNational Parks. The proposed National Committeefor Wetland Management will be joining with theNational Coastal Steering Committee.

There are some NGOs that assist in the manage-ment of the coastal zone of Cambodia. These includethe Australian People for Health, Education andDevelopment Abroad (APHEDA), Wetlands Interna-tional (WI), the World Conservation Union (IUCN),and the American Friends Service Committee (AFSC).

National PNational PNational PNational PNational Policyolicyolicyolicyolicy

There is no national policy specifying thedevelopment, use and management of naturalresources in the coastal zone. However, the NationalProgram to Rehabilitate and Develop Cambodia hasimplications for development and management ofthe coastal zone. The Program sets out the vision ofthe government to establish a market economy andto facilitate the emergence of a strong private sector.The main elements of the approach include:

! Reforming the state apparatus and publicservice;

! Realizing political stability and economicgrowth;

! Establishing a legislative and regulatoryframework conducive to a fair and stableinvestment climate;

! Providing for physical infrastructure,developing human resources, graduallyintegrating the country into the regionaland world economy while optimizing thesustainable use of natural resources; and

! Re-establishing the country as a sovereignstate within the community of nations, withpeople committed to the rule of law.

This national program clearly reflects a policybased on a process of legal reform, establishment ofa legal framework based on democracy and a marketeconomy. It also sets the framework for nationalpolicy and planning in all sectors related toCambodia’s coastal zone.

The First Five Year Socioeconomic DevelopmentPlan (1996-2000) considers environmental protec-tion as an equally important element in the ambi-tion to develop the country. This plan also stressesthe need to alleviate poverty and improve thequality of life of rural communities, thus reducingpressure on the natural resources by decreasing theamount of uncontrolled resource exploitation. In

37

addition to the general national development policy,there are some important sectoral policies that relateto the management of fisheries, coastal resources andthe coastal environment.

FFFFFisheries Pisheries Pisheries Pisheries Pisheries Policyolicyolicyolicyolicy

The Fisheries Department has a mandate tomanage the fisheries sector. The main elementsrelated to the management of marine fisheriesmentioned in this policy are:

! To create job opportunities and upgrade thelivelihoods of people in local communities;

! To ensure equitable access to and distribu-tion of fisheries benefits including exportearnings;

! To extend the institutional responsibilities offisheries management to fishing communi-ties;

! To enhance the protection and sustainableuse of fishery resources;

! To promote aquaculture and mariculture tofulfill the nutritional requirements of thepeople and to reduce the catch of wildresources; and

! To encourage the integration of fisheriesmanagement with overall rural developmentin fishing communities.

Local authorities are now working together withlocal communities to try to define coastal areas interms of their importance to fisheries. One of theobjectives is to designate zones that should bereserved for conservation as well as those that wouldbe kept open for sustainable use.

Industrial Sector PIndustrial Sector PIndustrial Sector PIndustrial Sector PIndustrial Sector Policyolicyolicyolicyolicy

The policies of the industrial sector are definedas follows:

! To encourage the development of industryto ensure political, economic and socialstability and to reduce the trade gap;

! To develop an industrial base to maximizethe benefits of the existing natural resources,attracting greater foreign investment,promoting technology transfer and stimulat-ing human resourcedevelopment;

! To support the goals of the Ministry ofEducation and other agencies in developingvocational training centers to provide trainedpersonnel for industrial development;

! To increase effectiveness, competitivenessand modernization of industry within thecontext of a free market economy;

! To create special economic zones thatfacilitate new industrial establishments;

! To support national economic and socialdevelopment through effective industries,by creating added value to natural resources,sustainability of economic development, jobopportunities and thereby upgrading theliving standard of the people;

! To develop a Petroleum Training Instituteand a training institute in the mines andgeology sector; and

! To develop agro-manufacturing and foodprocessing industries to support the agricul-ture sector.

TTTTTourism Pourism Pourism Pourism Pourism Policyolicyolicyolicyolicy

With regard to the management of tourism, theMoT has set up the following tourism policy:

! To increase foreign exchange earnings;! To increase and encourage investment in all

areas of tourism;! To create employment opportunities for

local people;! To stimulate regional development;! To enhance and preserve the national

cultural heritage; and! To develop and conserve the physical and

environmental resources in the coastal areas.

PPPPPolicy of the Ministrolicy of the Ministrolicy of the Ministrolicy of the Ministrolicy of the Ministry of Py of Py of Py of Py of Public Wublic Wublic Wublic Wublic Works andorks andorks andorks andorks andTTTTTransportransportransportransportransport

Transport development includes the followingpolicy objectives:

! To transform the Kang Keng airport into aregional airport;

! To upgrade the port facilities and infrastruc-ture of Phnom Penh and Sihanoukvilleports;

! To reconstruct the southern and northernrailway branches; and

38

! To develop Phnom Penh and Sihanoukvilleports as dry ports in order to accommodatefuture growths in traffic demand, especiallywith reference to container traffic.

The development of civil aviation and airports(particularly those at Koh Kong and Sihanoukville)is priority of the government since it provides vitaltransport and tourism links to and from Cambodia.

EnvirEnvirEnvirEnvirEnvironmental Ponmental Ponmental Ponmental Ponmental Policyolicyolicyolicyolicy

Based on the Law on Environmental Protectionand Natural Resource Management and the Na-tional Program to Rehabilitate and Develop Cambo-dia, the objectives are:

! To implement the national policy or na-tional programs;

! To protect the environment from the illeffects of economic development;

! To conserve the environment through thecreation of protected areas;

! To ensure the development and implemen-tation of laws and sub-decrees on environ-mental conservation and protection of thecoastal environment;

! To prepare and implement national andregional action plans through inter-agencycoordination; and

! To ensure sustainable economic develop-ment activities in order to promote eco-nomic, social and political stability.

Due to unclear policy or policy guidelines atministerial levels, it may be difficult for departmentsor local authorities to define their own responsibili-ties or functions. The uncertain situation existsdespite the fact that the National EnvironmentalAction Plan (NEAP) was prepared by representativesfrom the following Ministries:

! Forestry! Tourism! Industry! Fisheries! Agriculture! Environment! Mines and Energy! Rural Development

! Public Works and Transport

NNNNNAAAAATIONALTIONALTIONALTIONALTIONAL P P P P PLLLLLANNINGANNINGANNINGANNINGANNING

Apart from abiding by national programs, eachministry is also required to develop intermediatelevel plans in accordance with their mandates. Eachministry has to prepare short to medium term plansof its own (1-2 years and 5 years respectively), whichare to be submitted to the government for finalintegration with the national plan.

FFFFFisheries Planisheries Planisheries Planisheries Planisheries Plan

There are several objectives for the managementand protection of marine fishery resources asfollows:

! To increase fisheries production for localconsumption and export;

! To create job opportunities for rural farm-ers;

! To upgrade aquaculture and mariculture toreduce the exploitation of natural fisheries;

! To enhance the protection and conservationof fishery resources and to ensure enforce-ment; and

! To ensure human resource development andcapacity building in the fisheries field.

Industrial Strategy and PlanningIndustrial Strategy and PlanningIndustrial Strategy and PlanningIndustrial Strategy and PlanningIndustrial Strategy and Planning

To manage and develop the industrial sectorthrough environmentally sound planning, theMIME has defined the following objectives:

! To promote industrial activities in order tocreate jobs and to attract foreign investment

! To identify four critical sectors for invest-ment:

a. The fuel and energy sector as a strategicsector for the country;

b. Other sectors of high priority (i.e., laborintensive industries, high value addedindustries and wood factories);

c. Sectors of higher need (i.e., agro-manufacturing, factories for consumablegoods); and

d. Small business industries.

39

! To create policies to promote industrial andeconomic development by attracting foreignand domestic investments. These policiesinclude the formulation of investment lawthat will make government institutionsresponsive to the needs of investors; and

! To prioritize the establishment of growthcenters through the development of infra-structure, industrial zoning and exportprocessing zones in Phnom Penh andSihanoukville.

TTTTTourism Zoning Strategyourism Zoning Strategyourism Zoning Strategyourism Zoning Strategyourism Zoning Strategy

The MoT has proposed a tourism zoningstrategy for Cambodia. The zoning strategy givespriority to eight development areas that include thecoastal areas of Sihanoukville, Kep and KampotProvince. The tourism potential in these areasincludes offshore islands. These islands are idealsites for resort development owing to their attractivebeaches and rich marine life.

National EnvirNational EnvirNational EnvirNational EnvirNational Environmental Action Planonmental Action Planonmental Action Planonmental Action Planonmental Action Plan

The NEAP was adopted by the Council ofMinisters in December 1997. This action plan wasinitiated by the MoE to provide strategic guidance topublic and private stakeholders in integratingenvironmental concerns into national and localdevelopment policies, economic decision-makingand investment planning. It was prepared through aparticipatory process involving government andnon-government stakeholders. The action plansummarizes the key thematic issues related to coastalareas such as:

! Forestry policy;! Coastal fisheries management;! Biodiversity and protected area manage-

ment;! Energy development and the environment;

and! Urban waste management.

The NEAP presents a pragmatic five-yearprogram (1998 to 2002) to improve environmentalmanagement in Cambodia. Years one and two of theprogram focus on strengthening policy and regula-tory frameworks, while years three to five would

involve the mobilization of investments needed toimprove environmental management. The compo-nents presented in the NEAP should be implementedby the different ministries according to the thematicissues and existing legal framework.

National WNational WNational WNational WNational Wetland Action Planetland Action Planetland Action Planetland Action Planetland Action Plan

A draft of the National Wetland Action Plan hasbeen circulated for comment. The Wetland ActionPlan was adopted by the Government in December1998. The action plan is the result of detaileddiscussions among various ministries, departmentsand organizations responsible for the managementand sustainable use of wetlands in Cambodia.

The National Wetland Action Plan (1998)outlines the cultural and economic importance ofwetlands. Over 30% of Cambodia’s land areaconsists of wetlands, according to an internationallyaccepted criteria for wetland identification (asdefined by the Ramsar Convention). The ActionPlan states that over 20% (36 500 km 2 ) of the countrymay be classified as wetlands of international impor-tance. Cambodia ratified the Ramsar Convention in1999. One of Cambodia’s proposed Ramsar sites islocated in the coastal estuaries of Koh Kapik. TheAction Plan calls for a formal policy to be developedfor the management of wetland areas, includingcoastal zone resources.

Conservation PlanConservation PlanConservation PlanConservation PlanConservation Plan

A conservation plan for coastal natural resourcesdoes not exist as a specific document. However, it isalready covered essentially in both national andinternational laws such as the Fisheries Law, theForestry Law, the Royal Decree on the Creation andDesignation of Protected Areas, the Law on Environ-mental Protection and Natural Resource Manage-ment, the Ramsar Convention and so on.

LLLLLEGALEGALEGALEGALEGAL F F F F FRAMEWORKRAMEWORKRAMEWORKRAMEWORKRAMEWORK

Legislative HierarLegislative HierarLegislative HierarLegislative HierarLegislative Hierarchychychychychy

The ConstitutionThe ConstitutionThe ConstitutionThe ConstitutionThe Constitution

The Constitution is the supreme law of theKingdom of Cambodia. All other laws must strictly

40

conform to the Constitution. An initiative to review orto amend the Constitution is the prerogative of theKing, the Prime Minister and the Chairman of theNational Assembly at the suggestion of one-fourth ofall the assembly members. Revisions or amendmentsmay be enacted by the assembly through a two-thirdsvote.

LLLLLaw (Chbab)aw (Chbab)aw (Chbab)aw (Chbab)aw (Chbab)

The National Assembly determines law by theirvote. The law is called an organic law if it refers tothe creation or the organization of a state institutionand its structures. For example, Article 127 of theConstitution provides that provinces, municipalities,districts and communes shall be governed in accor-dance with organic law.

KramKramKramKramKram

This is the Royal Promulgation by the King.

RRRRRoyal Decroyal Decroyal Decroyal Decroyal Decree (Reach Kree (Reach Kree (Reach Kree (Reach Kree (Reach Kret)et)et)et)et)

Royal Decrees are used by the King in theexercise of his constitutional powers, i.e., power ofappointments upon proposals by the Council ofMinisters, or by the Supreme Council of the Magis-tracy.

DecrDecrDecrDecrDecree (Kree (Kree (Kree (Kree (Kret)et)et)et)et)

Decrees are signed by the King upon proposalof the Prime Minister.

Sub-DecrSub-DecrSub-DecrSub-DecrSub-Decree (Anu-Kree (Anu-Kree (Anu-Kree (Anu-Kree (Anu-Kret)et)et)et)et)

Sub-decrees are signed by the Prime Ministerand countersigned by the ministers in charge oftheir execution after adoption by the Council ofMinisters. Sub-decrees can also be issued by thePrime Minister, based on his executive regulatorypower.

Declaration (Ministerial PDeclaration (Ministerial PDeclaration (Ministerial PDeclaration (Ministerial PDeclaration (Ministerial Prakas)rakas)rakas)rakas)rakas)

Declarations are used by ministries in theframework of their own regulatory powers.

Decision (Sechkdei SamrDecision (Sechkdei SamrDecision (Sechkdei SamrDecision (Sechkdei SamrDecision (Sechkdei Samrech)ech)ech)ech)ech)

Decision is an individual decision of the PrimeMinister, a minister or a governor within the frame-work of their regulatory powers.

CirCirCirCirCircular (Sarachor)cular (Sarachor)cular (Sarachor)cular (Sarachor)cular (Sarachor)

Circulars are used in general by the PrimeMinister, or by ministers as officials of the ministryeither to explain or clarify the legality of regulatorymeasures or to provide instructions.

ArArArArArete ete ete ete ete (P(P(P(P(Prrrrrovincial Deka)ovincial Deka)ovincial Deka)ovincial Deka)ovincial Deka)

Provincial Aretes are used by provincial gover-nors within the geographical limit of their prov-inces.

CustomarCustomarCustomarCustomarCustomary Ly Ly Ly Ly Lawawawawaw

Customary law or Khmer customs may some-times be a basis for judicial decisions. Cambodia isan ancient country in which Buddhist and Khmerbeliefs, traditions and customs influence law. Someconstitutional references to Khmer tradition illus-trate how Khmer custom regulates behavior andserves as a source of law. For example, the Khmertradition of conciliation (or reconciliation) begin-ning at the village level remains a part of the judicialprocess. Many legal conflicts are taken first to avillage chief, monk or justice representative forreconciliation before being heard by a court. Thecourts of all levels adjudicate their trials based onlaws currently in force and on laws and provisions asadopted by the Supreme National Council (SNC). Incivil cases when the law is explicitly silent or wherethe law does not stipulate any legal provisions, thecases are then tried on the bases of customs, tradi-tions, conscience and equity.

TTTTTrrrrreaties and Conventionseaties and Conventionseaties and Conventionseaties and Conventionseaties and Conventions

International law, if considered part of Cambo-dian law, may also be enforced by judges in Cambo-dian courts. International law is a combination ofthe laws of individual nations, customs developed inthe course of international business transactions,

41

treaties (agreements between two or more indepen-dent nations) and declarations and resolutions ofinternational organizations. Cambodia may become aparty to international treaties and conventionswhenever they are approved by the National Assem-bly. According to Article 26 of the Constitution, theKing is empowered to ratify an international treatyafter approval by the National Assembly.

National Legal FNational Legal FNational Legal FNational Legal FNational Legal Frameworkrameworkrameworkrameworkramework

Historical PHistorical PHistorical PHistorical PHistorical Prrrrrofile of the Cambodian Legalofile of the Cambodian Legalofile of the Cambodian Legalofile of the Cambodian Legalofile of the Cambodian Legaland Institutional Systemand Institutional Systemand Institutional Systemand Institutional Systemand Institutional System

In its recent history, the Cambodian legal systemhas undergone a series of radical changes as indi-cated below:

! PPPPPrrrrre-Colonial.e-Colonial.e-Colonial.e-Colonial.e-Colonial. Traditional Cambodian lawwas non-adversarial. Traditionally, acceptedfigures in society mediated disputes andfacilitated their resolution rather thanimposing a settlement.

! 1870-1954.1870-1954.1870-1954.1870-1954.1870-1954. The French system was progres-sively introduced during the protectorateand colonial period.

! 1954 - 1975.1954 - 1975.1954 - 1975.1954 - 1975.1954 - 1975. The dual system of traditionaland French laws were retained after inde-pendence.

! 1975 - 1979.1975 - 1979.1975 - 1979.1975 - 1979.1975 - 1979. The Khmer Rouge regimeabolished all laws and legal institutions anddid not replace them with any new formalsystem.

! 1979 - 1991.1979 - 1991.1979 - 1991.1979 - 1991.1979 - 1991. The government of the Stateof Cambodia did not re-institute the pre-1975 codes but developed a system ofrevolutionary people’s courts with a strongemphasis on devolution to the provinciallevel.

! 1992 - 1993. 1992 - 1993. 1992 - 1993. 1992 - 1993. 1992 - 1993. The UNTAC exercised powerto implement the Paris Agreement for theestablishment of a democratically electedgovernment. UNTAC set up a limited legalframework, notably to reorganize the courtsystem and a law of criminal procedure.

! 1993 - P1993 - P1993 - P1993 - P1993 - Prrrrresent.esent.esent.esent.esent. The constitution establishedthe principle of the separation of powers—executive, legislative and judicial branches

of government. The monarch’s power andauthority were subsequently reduced.

Constitution of the Kingdom of CambodiaConstitution of the Kingdom of CambodiaConstitution of the Kingdom of CambodiaConstitution of the Kingdom of CambodiaConstitution of the Kingdom of Cambodia

The Constitution of the Kingdom of Cambodiawas adopted on 22 September 1993 by the NationalAssembly. It is the supreme law of the land and allother legislative texts have to strictly conform to this.Article 59 of the Constitution stipulates that theGovernment of Cambodia must protect the environ-ment and maintain ecological balance.

The Kingdom of Cambodia is a constitutionalmonarchy. The Constitution confers three levels ofpower — legislative, executive and judicial. Legisla-tive power is vested in the 120 members of theNational Assembly who are elected for a term of fiveyears by universal adult suffrage. Executive power isheld by the Royal Government of Cambodia. Thehead of the Judiciary branch is the Supreme Councilof the Magistracy.

LLLLLand Land Land Land Land Lawawawawaw

The Constitution provides that only Cambodiancitizens or entities have the right to own land. TheState of Cambodia’s National Assembly passed theLand Law on 10 August 1992 and it is now beingenforced. This law prescribes the management ofland and the system of property rights such as stateor private property. Private property rights infisheries and forest reserves, however, are notprovided.

LLLLLaw on Law on Law on Law on Law on Land Management, Urbanizationand Management, Urbanizationand Management, Urbanizationand Management, Urbanizationand Management, Urbanizationand Constructionand Constructionand Constructionand Constructionand Construction

This Law was passed by the National Assemblyand came into effect on 24 May 1994. It aims topromote the improvement of urban and rural areasin order to ensure sustainable development through-out the Kingdom.

LLLLLaw on Investmentaw on Investmentaw on Investmentaw on Investmentaw on Investment

The Law on Investment governs all investmentprojects initiated by investors who are Cambodian

42

citizens and/or foreigners within the Kingdom ofCambodia. The National Assembly of the Kingdomof Cambodia adopted this law in August 1994 duringthe session of the first legislature.

Labor LawLabor LawLabor LawLabor LawLabor Law

This law governs all agreements between employ-ees and employers who are Cambodian citizens and/or foreigners within the territory of the Kingdom ofCambodia. This Law was adopted by the NationalAssembly on January 1997 during the extraordinarysession of the seventh legislature.

FFFFFisheries Lisheries Lisheries Lisheries Lisheries Lawawawawaw

The Law on Fisheries Management and Admin-istration (Fisheries Law - State Council No. 33),passed in 1987, defines fisheries and categorizesfishing areas. It states that all entities or personswho fish in either freshwater or seawater mustcontribute to the state, except fishing for familysubsistence. Permits for fisheries exploitation andaquaculture in fishing areas must be determined byregulations.

The Fisheries Law aims at conserving andregulating the exploitation of Cambodia’s freshwaterand marine fisheries resources. If effectively imple-mented, this law could make a significant contribu-tion to the management of freshwater and marineareas. The fisheries law includes provisions address-ing access control, gear restrictions, closed seasonsand the designation of fish sanctuaries. The Fisher-ies Law supports the management of fisheries,coastal resources and the coastal environment inCambodia as well as resources and environmentrelated to all types of inland waters. The basis forthis is that all types of water bodies and floodedareas are considered as fishing areas (fisheriesdomain).

The important items of the Fisheries Law whichrelate to the management and administration ofcoastal fisheries of Cambodia are the following:

! Fishery resources are comprised of livinganimals and plants found in the fisheriesdomain (Chapter 1, Article 1). The fisheries

domain consists of:

a) Inland fisheries domain, which includesrivers, tributaries of rivers, lakes,streams, small rivers, channels, naturalponds and holes in the ground. The lastthree trace their water source fromrivers, tributaries of rivers, lakes, streamsand small rivers; and

b) Marine fisheries domain extends fromthe coastline to the outer boundary ofthe EEZ. Fisheries domain is the pro-perty of the state.

! Fishery exploitation, aquaculture andprocessing in Cambodia’s marine fisheries isallowed upon government permissionexcept for small-scale family fishing (Chap-ter 3, Article 22). Small-scale family fishinggear and other fishing gear permitted in themarine fisheries domain of Cambodia mustbe defined by the proclamation of theMinistry of Agriculture.

! Government fishing enterprises and groupsof fishers that use fishing boats or vessels inthe marine fisheries domain must have thefollowing additional licenses: a fishing boator vessel license allowing them to operate inthe sea (to be issued by the fisheries author-ity after technical control), and a licensefrom the police (for administrative control)(Chapter 3, Article 23).

! The fishing activities of foreigners inCambodia’s marine fisheries domain musthave the approval of the Council of Minis-ters (Chapter 3, Article 24).

! Fishers who are permitted in the marinefisheries domain must respect the order oract mentioned on the fishing license.Records must be kept on the daily catch offish and other organisms, and reporting thismonthly to the provincial-municipal fisher-ies authority (Chapter 3, Article 25).

! All kinds of fishing gear, extending across astream, inlet or navigable channel of coastalzones, must have a free space of one-third ofits width during low tide to enable thenavigation of vessels (Chapter 3, Article 26).

! Mackerel (camon or pla thu) fishing during

43

the spawning season from 15 January to 31March is prohibited (Chapter 3, Article 27).

! Trawling in shallow water (less than 20 m) isprohibited, except where special permissionis granted by the Department of Fisheries forscientific research (Chapter 3, Article 28).

! Fishing in Cambodia by using electric fishinggear and all kinds of explosive or modernfishing gear, which are not mentioned in theProclamation of the Ministry of Agriculture,are absolutely prohibited (Chapter 3, Article29).

FFFFForororororestrestrestrestrestry Ly Ly Ly Ly Lawawawawaw

The Forestry Management Law (Forestry Law -State Council No. 35) was passed in June 1988. Itdefines types of forests and states that forests aredivided into forest concessions and protected forests.Limitation of forest boundaries and forest uses are tobe determined by a sub-decree. All sectors of societyare obliged to protect the forests. Exploitation offorests without a permit is prohibited and loggingoperations are subject to government tax. Huntingof all species of animals is also prohibited.

Industrial LIndustrial LIndustrial LIndustrial LIndustrial Lawsawsawsawsaws

Law on Mineral Exploitation and Mining

The Law on Mineral Exploitation and Mining isstill a draft and relates to the management andmonitoring of mineral resources and mineralexploitation. It sets provisions for the sustainabledevelopment of the mining sector with the objectiveof improving the national economy but preventsnatural resources depletion.

The draft Mining Law stipulates the responsibili-ties of the government agency in issuing miningpermits and controlling mineral exploration activi-ties. All of the mining activities covered under thedraft law would be subjected to environmentalprotection including preparation of an environmen-tal protection plan prior to mining activities and aplan for implementation during operations.

Sub-Decree on Industrial and HandicraftManagement and Monitoring

This sub-decree is still a draft and relates to themanagement and monitoring of handicraft indus-tries. It intends to promote sustainable developmentin the industry, improve the national economy andprevent harmful industrial impacts on the environ-ment. The sub-decree was written in 1995.

Draft Industrial Zone Act

This act provides, written in 1995, for thedevelopment of the industrial zones in the Kingdomof Cambodia. It also aims to promote economicdevelopment in the industrial sector while maintain-ing environmental protection.

TTTTTransport Lransport Lransport Lransport Lransport Lawsawsawsawsaws

In order to ensure safety in as well as developother modes of transport, the MPWT has issuedmany laws and declarations, some of which are alsorelated to maritime transport in the coastal zone.

Sub-decree on Private Transport Services

This sub-decree, passed in July 1991 by StateCouncil No. 13, provides the private sector the rightto transport passengers and goods by roads andwaterways. Among other things, this law specifiesthat the owners of sea-going vessels with a capacityof less than 30 tons be required to register and getan operating license in the province or city wherethey are based. Vessels with a capacity of more than30 tons are required to register and get their licenseat the General Directorate of Transport (GDT),MPWT. Sea-going vessels with a capacity of both lessand more than 30 tons that cross the border arerequired to register and get a license from the GDT,MPWT (Article 3).

Declaration on the Management of Vehicles andInland Waterways Transport

Declaration No. 41 issued by the MPWT onSeptember 1993 states that an operating license isvalid only for a one year period. Two months beforeexpiration, the owners are required to ask for an

44

extension from the Ministry to continue their ser-vices. Failure to apply during this period shall leadthe Ministry to consider that the owners are discon-tinuing their businesses.

Common Circular on Overloaded Trucks,Especially Logging Trucks

Common Circular No. 461 was issued by theMinistries of Public Works and Transport, Economic,Finance and Agriculture, Forestry and Fisheries onFebruary 1995. Among other things, the law seeks toensure the safety of persons and vehicles on theroad. It defines technical standards that include:

! Maximum load limit to 18 tons except RN4;! RN4 is limited to 25 tons;! Overloading is allowed in special cases;! Maximum load on the truck’s axial is

limited to 10 tons; and! MAFF is responsible for logging truck

loading.

Declaration on Ship Construction

Declaration No. 549 issued by the MPWT onJuly 1995 concerns the reassembly of vehicles andships. Among other things, the law states that:

! Persons who want to build sea-going vesselsare required to file an application with theMPWT and attach the following necessarydocuments:

a) The construction design in 1/50 scale,b) Name and address of the shipyard

owner as well as the shipyard name, andc) Certificate of residence of the applicant.

! Construction will start after permission fromthe MPWT is obtained. During the construc-tion, the Ministry will assign one supervisingengineer in order to ensure that the shiphas the required safety features; and

! Following construction, a technical reviewtogether with other formalities will becompleted before a license to operate isissued.

Declaration on Issuing Business Licenses forTourist Boats

Declaration No. 224 issued by the MoT onFebruary 1996 states that the operating license fortourist boats must be issued by the MoT. It requiresthe owner or manager of the boat to have thefollowing documents:

! Boat certificate issued by the MPWT;! Boat pilot license issued by the MPWT;! Mechanical certificate issued by the MPWT;! Technical control log book;! Registration certificate; and! Other information required by the MoT.

Sub-decree on River Navigation

Sub-decree No. 06 issued by the Council ofMinisters on March 1986 is applicable to coastalnavigation and is divided into seven chapters. Themain provisions are related to:

! Moving aside, overtaking and berthing;! Lights and signals;! Use of whistle during navigation;! Boat accidents and rights of authority; and! Penalties.

Draft Declaration with Respect to the Act ofRegistration of Merchant Ships

This Declaration was prepared by the GDT,MPWT in 1995 and consists of seven sections and 60articles. The main sections of the draft include:

! Administrative authority: appointment ofDirector and Deputy Director of MaritimeAffairs, delegation of functions, recordsrelating to vessels, authority to take declara-tions and acknowledgement, authority toissue licenses and certificates, authority toissue radio station licenses, power to sus-pend and revoke licenses, certificates andfees;

! Law and jurisdiction: general maritime law,general penalty, jurisdiction and appeal,liability of the Director, Deputy Director andagent respectively;

45

! Registration of vessels: general provisions,regulations, exemption from registry, powerto waive requirements in exceptional cases,registration fees and tonnage tax, annualtonnage tax, application of registration,condition precedent to issuance of permanentcertificate of registry, measurementof ship, forms of certificates and otherdocuments, cancellation of certificate andothers;

! Mortgages; and! General provisions: specifies national colors

for Cambodian ships, penalties for notshowing colors, crew lists of Cambodia ships,standards of seaworthiness and otherregulations.

Declaration No. 018 on Overloaded Ferries,Riverboats and Sea-going Vessels

The Declaration was issued by the MPWT inAugust 1995. It specifies that the owners of sea-going vessels that operate along coastal waters muststrictly respect the technical conditions specified bythe MPWT and Provincial or City Department ofTransport. Conditions include the loading of cargoand passengers especially during the rainy season,when prevailing strong winds and high water levelscan cause damage to life and property. Violators ofthis law will be punished and operating licenses willbe canceled by the Ministry.

TTTTTourism Lourism Lourism Lourism Lourism Lawsawsawsawsaws

Royal Decree on the Establishment of the Minis-try of Tourism

According to this decree, the MoT was estab-lished on 24 January 1996. Its mission is to providedirection and encourage the development of thetourism industry in the Kingdom of Cambodia.

Sub-decree on the Organization and Functioningof the Ministry of Tourism

The sub-decree was issued on 5 August 1997 bythe Second Prime Minister. It defines the administra-tive structure of the MoT and its role and duty intourism management. The organizational structure is

composed of central and local administrations. Themain responsibilities of the Ministry especiallyrelated to coastal tourism management are:

! To define the tourism policy and strategiesand to prepare plans for tourism develop-ment;

! To encourage tourism investment in accor-dance with the national strategies;

! To develop and manage the tourism indus-try;

! To direct and administer other servicesrelated to tourism;

! To direct, control and maintain natural andartificial recreational resorts, tourism areasand tourism zoning in the Kingdom;

! To study proposals for establishing, recog-nizing and controlling private schools andprofessional training for the tourism sector;

! To promote tourism locally and overseas;! To appoint tourism representatives in

various countries in cooperation with theMinistry of Foreign Affairs and Interna-tional Cooperation;

! To sign contracts that relate to tourism upongovernment approval;

! To issue operating permits for tourismfirms, agencies and guides;

! To control tourism services and othertourism-related activities; and

! To conduct tourism inspection.

With regard to issuing licenses, there are variousdeclarations such as:

! Circular on the Licensing of Travel Agen-cies, 1994;

! Declaration on the Licensing of TouristGuides, 1996;

! Declaration on the Licensing of TouristBoats, 1996;

! Declaration on the Licensing of TouristVehicles, 1996;

! Declaration on the Licensing of Hotel andGuest Houses, 1996;

! Declaration on the Licensing of Resorts,1996;

! Declaration on the Licensing of CateringEstablishments, 1996; and

46

! Declaration on the Licensing of MassageParlors, 1996.

EnvirEnvirEnvirEnvirEnvironmental Lonmental Lonmental Lonmental Lonmental Lawsawsawsawsaws

Law on Environmental Protection and NaturalResource Management

The development of environmental legislation isone of the national government’s priorities.Cambodia’s first law specifically concerned withenvironmental issues is the Law on EnvironmentalProtection and Natural Resource Management,which was adopted by the National Assembly on 24December 1996. This law can be considered as theframework for subsequent sectoral laws, sub-decreesand regulations for environmental protection andnatural resources management.

The Environmental Law does not attempt toestablish specific environmental managementsystems or standards. Rather, it leaves these tasks tosubordinate legal instruments to be prepared in thefuture. The main objectives of this law are to protect,manage and enhance the environment and topromote sustainable socioeconomic development.This law is a general legal framework for environ-mental protection and management throughout theKingdom, including the protection, conservationand management of the coastal zone and marineresources.

The important objectives in this law related toenvironmental management of coastal resources ofCambodia are as follows:

! To conduct EIAs for all projects and eco-nomic activities that might affect theenvironment (Article 6, Chapter 3);

! To conserve, develop, manage and usenatural resources sustainably (Article 8,Chapter 4);

! To protect the coastal environment throughthe identification of pollutants, toxic andhazardous substances (Chapter 5);

! To prepare national and regional plans forenvironmental protection and naturalresources management (Chapter 2); and

! To suppress any acts which abuse theenvironment, in conformity with the “pol-luter pays” principle. Those who violate this

law are to be fined and/or jailed in accor-dance with the degree of the violation.

Sub-decree on the Organization and Functioningof the Ministry of Environment

The Sub-decree on the Organization andFunctioning of the MoE was ratified by the Councilof Ministers in late 1997. Accordingly, the RoyalGovernment of Cambodia gives the Ministry theauthority to supervise and manage the environmentin the Kingdom.

Royal Decree on the Creation and Designation ofProtected Areas

Protected area management was mandatedunder the Royal Decree on the Creation and Desig-nation of Protected Areas on 1 November 1993.There are 23 protected areas designated in thecountry and some of these protected areas are foundalong the coastline of Cambodia (Table 2.8).

The MoE is currently preparing a proposal for aSub-decree on Protected Areas Management. Thepurpose of this sub-decree is to implement the Lawon Environmental Protection and Natural ResourceManagement and to implement the Royal Decree of1 November 1993. At present, the MoE faces majormanagement problems in the designated protectedareas, especially in preventing violations such asillegal logging and hunting.

Sub-decree on Water Pollution Control

A Draft Sub-decree on Water Pollution Controlis under review by theMoE. The purpose of this sub-decree is to control effluent discharge into waterbodies and set standards for water quality.

Sub-decree on Environmental Impact Assessment

EIA provisions are incorporated in the Law onEnvironmental Protection and Natural ResourceManagement. The draft sub-decree specifies thefollowing environmental review process: screening,initial EIA and full-scale EIA.

As specified in the Law on EnvironmentalProtection and Natural Resource Management, thisreview process applies to proposed, existing and on-

47

going projects and activities by both public andprivate sectors. Pending the passing of the EIA Sub-decree, theMoE, through its Department of EIA,implements an informal process of EIA reporting forprojects requiring government approval. This in-cludes all projects in the coastal zone involvingforeign participation. Where a foreign investorproposes a project requiring a license or permit, theysubmit a proposal to the Council for the Develop-ment of Cambodia (CDC). This is the central gov-ernment agency that processes all proposed foreigninvestment. On receipt of the proposal by theproponent, the CDC will forward the proposal to therelevant ministries interested in the proposedproject. This may include the MoE that will reviewthe EIA report.

Where there is no requirement for an EIA, theMinistry will require the proponent to enter into anagreement to comply with any conditions set in theMinistry’s initial evaluation as a precondition ofgranting any license or permit.

International and RInternational and RInternational and RInternational and RInternational and Regional Aregional Aregional Aregional Aregional Arrangementsrangementsrangementsrangementsrangements

United Nations Convention on the LUnited Nations Convention on the LUnited Nations Convention on the LUnited Nations Convention on the LUnited Nations Convention on the Law of theaw of theaw of theaw of theaw of theSeaSeaSeaSeaSea

Cambodia is concerned about law enforcement,promotion of scientific research, conservation ofliving and non-living resources and the use of suchresources in its marine environment. Cambodiaabides by the United Nations Convention on Law ofthe Sea (UNCLOS), which was established in 1982and in force since 1994. It pursues the managementof the seas and oceans of the world in the spirit ofinternational cooperation, peace, security andfriendly relations among nations and in accordancewith the principles of the UN Charter. Most of thearticles prescribed in this law relate to sovereignty,integrity and management of the seas and oceans,which mainly belong to coastal states. Thus, the Lawof the Sea provides the authority and sovereignrights to coastal states to manage their coastal andmarine resources.

Since Cambodia’s economy is open to the worldthrough international sea-borne trade, shippingactivities are expected to increase rapidly withvarious ships entering its territorial seas and interna-tional ports. As a result, pollution from ballast water

and daily ship operations (including collisions,grounding, anchoring and oil spills) may occur in itsseas, causing damage to coral reefs, mangrove areasand the whole marine environment.

Cambodia, as with other coastal states, is boundby the UN Law of the Sea to manage their coastal andmarine resources. This includes marine environmen-tal protection from ship-based pollution and damagewithin its territorial seas and EEZ. In the territorialsea, Cambodia has the right to pursue the followingtasks:

! To develop laws and regulations related tothe rights of innocent passage (Article 21),which include:

a) The safety of navigation and theregulation of maritime traffic,

b) The conservation of its marine livingresources,

c) The prevention of violation to itsfisheries law,

d) Environmental preservation and theprevention, reduction and control ofpollution from shipping activities, and

e) Marine scientific research and hydro-graphic surveys.

! To take necessary steps to prevent passagewhich is not innocent (Article 25).

In the EEZ, Cambodia has the sovereign rightsto explore, exploit, conserve and manage thenatural resources, whether living or non-living, inthe waters superjacent to the seabed and of theseabed and its subsoil, and with regard to otheractivities for economic development of the zone;and jurisdiction to establish and use artificialislands, installations and structures to conductmarine scientific research, and to protect andconserve the marine environment (Article 56).

For the conservation of living marine resources(Article 61), Cambodia’s obligations are:

! To determine the allowable catch of theliving resources in the EEZ;

! To ensure proper conservation and manage-ment measures to avoid overexploitation ofliving resources in the EEZ;

48

! To take such measures to restore popula-tions of harvested species at levels which canpromote the maximum sustainable yield;and

! To contribute and exchange availablescientific information, catch and fishingeffort statistics and other data relevant tothe conservation of fish stocks throughcompetent international, regional and localorganizations.

For the use of living resources in the EEZ(Article 62), the law gives Cambodia the authorityto:

! Promote optimum use of the living re-sources in its EEZ;

! Determine the capacity to harvest the livingresources in its EEZ;

! Take into account all relevant factorsincluding the significance of the livingresources in the area to the economy andnational interests;

! Set up measures to regulate fishing andconserve its fishery resources (Article 62). Assuch, Cambodia will have to establish thefollowing:

a) Licensing of fishers, fishing vessels andequipment;

b) Determining the species which may becaught and fixing catch quotas, whetherin relation to particular stocks, groupsof stocks or catch per vessel;

c) Regulating seasons, areas of fishing aswell as the types and sizes of gear andfishing vessels that may be used;

d) Fixing the age and size of fish and otherspecies that may be caught;

e) Specifying information required offishing vessels, including catch andeffort statistics and vessel positionreports;

f) Requiring the conduct of specifiedfisheries research programs;

g) Placing of observers or trainees onboard such vessels;

h) Landing of all or any part of the catchby such vessels in the ports;

i) Terms and conditions relating to jointventures or other cooperative arrange-

ments;j) Requirements for the training and

transfer of fisheries technology; andk) Enforcement procedures.

With regard to the implementation of UNCLOSfor the purpose of sustainable natural resource usein the EEZ and territorial seas, and according toArticle 73 of UNCLOS, Cambodia may take neces-sary measures including boarding, inspection, arrestand judicial proceedings to ensure compliance withits laws. However, penalties for violations of fisherylaws and other legal instruments in the EEZ excludeimprisonment. For the management of Cambodia’scoastal and marine zone, the UNCLOS further givesrights to the Government of Cambodia to determineits maritime boundaries, some parts of whichoverlap with the borders of Thailand and Vietnam inthe Gulf of Thailand.

UNEPUNEPUNEPUNEPUNEP-Coor-Coor-Coor-Coor-Coordinating Body on the Seas ofdinating Body on the Seas ofdinating Body on the Seas ofdinating Body on the Seas ofdinating Body on the Seas ofEast AsiaEast AsiaEast AsiaEast AsiaEast Asia

The COBSEA was established in 1981 and theaction plan for “the protection and management ofthe marine environment and coastal areas of theEast Asian region” was adopted the same year. Arevised action plan and a long-term strategy forCOBSEA for the 1994 to 2000 period was developedin 1994. Cambodia became a member of COBSEAin 1995. For political and economic reasons, Cambo-dia has not paid the Environmental Trust Fund toCOBSEA since 1997. Other COBSEA-related issuesfor Cambodia include the lack of developmentpolicy guidelines, action plans, capacity building,technical and financial resources support andparticularly a lack of data and information concern-ing the problems of land-based sources of marinepollution.

Since its adoption, attempts have been made tostrengthen the links and to implement the GlobalProgramme of Action for the Protection of theMarine Environment from Land-based Activities inEast Asian Seas. The Global Programme of Actionwas adopted in Washington, D.C. in November1995. This global program was designed to:

! Deal with all land-based impacts;! Develop action programs on the basis of

national priorities and strategies;

49

! Implement these programs;! Cooperate to build capacities and mobilize

resources for the development and imple-mentation of such programs;

! Take immediate preventive and remedialaction using existing knowledge, resources,plans and processes;

! Promote access to cleaner technologies,knowledge and expertise to address land-based activities that degrade the marineenvironment;

! Cooperate on a regional basis to coordinateefforts for maximum efficiency and tofacilitate action at the national level;

! Encourage available external financing;! Promote the available management tools

and financing options in implementingnational or regional programs of action;

! Give priority to the treatment and manage-ment of wastewater and industrial effluents;and

! Act to develop a globally, legally bindinginstrument for the reduction of land basedmarine pollution.

Association of Southeast Asian NationsAssociation of Southeast Asian NationsAssociation of Southeast Asian NationsAssociation of Southeast Asian NationsAssociation of Southeast Asian Nations

Cambodia signed the Treaty of Amity andCooperation in Southeast Asia in 1995, and joinedASEAN in 1999. Cambodia created an ASEANDirectorate at the Ministry of Foreign Affairs tofacilitate the implementation of ASEAN programsand responsibilities. Thereafter, each ministry couldestablish an ASEAN Department or office in accor-dance with its relevant duties and responsibilities.Cambodia was not permitted to become a memberstate of ASEAN until 1997 due to the politicalsituation that occurred in early July 1997. Cambodiaonly became a full member in April 1999.

In order to promote environmentally soundeconomic development, ASEAN has recently calledfor urgent measures to combat climate change andozone depletion, protect ocean and marine ecosys-tems from pollution, protect freshwater resources,ensure sustainable management of all forests andconserve biological diversity. Specifically, the mostsignificant objective of this call is Strategy 6, which isto “promote the protection and management ofcoastal zones and marine resources”.

As in other ASEAN countries (except Lao PDR),the country’s coastal and marine resources havebeen under pressure from illegal and overfishing,shrimp farming, chronic pollution from shipping,pesticide runoff from agriculture, urbanization andindustrial development. Coral reefs are also beingdegraded and require protection and sound man-agement. Therefore, there is an urgent need for theprotection of Cambodia’s coastal zone and marineresources. In order to achieve the goals of regionalcooperation, Cambodia had established links withthe United Nations Development Programme(UNDP), United Nations Environment Programme(UNEP), Asian Development Bank (ADB), GlobalEnvironment Facility (GEF), and others.

Convention on International TConvention on International TConvention on International TConvention on International TConvention on International Trade inrade inrade inrade inrade inEndangerEndangerEndangerEndangerEndangered Species of Wed Species of Wed Species of Wed Species of Wed Species of Wild Fild Fild Fild Fild Fauna andauna andauna andauna andauna andFlora (CITES)Flora (CITES)Flora (CITES)Flora (CITES)Flora (CITES)

The Convention on International Trade inEndangered Species of Wild Fauna and Flora,generally called CITES, was initiated in Washingtonin 1973 and has been in force since 1975. It hasbeen ratified by more than 100 states. Cambodiasigned the CITES Convention on 7 December 1975,but did not accede to it until 2 October 1997.

CITES establishes a lists of endangered speciesfor which international trade is either prohibited orregulated through a permit system. The objective isto combat illegal trade and overexploitation. Inclu-sion of species in the most restrictive categoriesrequires a two-thirds majority vote of the parties tothe convention. A single party may make inclusionsto the list, but such inclusions would fall into theleast restrictive category. A conference of parties isheld every two years. The convention has financedpopulation studies of endangered flora and fauna inorder to provide a basis for intervention. Records ofpermits granted are sent annually to the conventionsecretariat for review. The secretariat is provided byUNEP and is located in Geneva.

MARPOL ConventionsMARPOL ConventionsMARPOL ConventionsMARPOL ConventionsMARPOL Conventions

The International Convention on the Preventionof Marine Pollution from Ships (MARPOL) dealswith various forms of pollution from ships and othervessels. Cambodia ratified the Convention on 28November 1994. The Convention includes five

50

technical annexes as follows:Annex I: Prevention of Pollution by Oil;Annex II: Control of Pollution by Noxious

Liquid Substances;Annex III: Prevention of Pollution by Harmful

Substances Carried in PackagedForms;

Annex IV: Prevention of Pollution by Sewerage;and

Annex V: Prevention of Pollution by Garbage.

In Cambodia’s case, the implementation ofMARPOL is the responsibility of the Harbor MasterOffice of the International Port of Sihanoukville.

Convention on WConvention on WConvention on WConvention on WConvention on Wetlandsetlandsetlandsetlandsetlands(R(R(R(R(Ramsaramsaramsaramsaramsar, Iran, 1971), Iran, 1971), Iran, 1971), Iran, 1971), Iran, 1971)

The Convention on Wetlands (Ramsar, Iran,1971) provides for the specific protection of wetlandareas and the plant and animal species that inhabitthese areas. The Convention on Wetlands seeks toprotect the habitats of species by identifying wet-lands of international importance. It is hoped thatthis will both protect waterfowl and their habitatsand limit the degradation, drainage and dewateringof areas of marsh, fen, peatland, etc., which areknown to be very productive areas in terms ofbiology and wildlife.

Cambodia has nominated three sites for listingunder the convention. One of these sites is at KohKapik while the surrounding areas in Koh Kongprovince are significant for its mangroves andcoastal habitats for migratory water birds. Cambodiais a party to the Convention since 1999.

Convention on Biological DiversityConvention on Biological DiversityConvention on Biological DiversityConvention on Biological DiversityConvention on Biological Diversity

The Convention on Biological Diversity wasadopted during the UN Conference on Environ-ment and Development (UNCED) in June 1992 inRio de Janeiro, Brazil. The purpose of the conven-tion was to conserve earth’s biodiversity, promotethe sustainable use of its components and encourageequitable sharing in the benefits arising from the useof genetic resources. There were 157 states andother entities that signed the convention in Rio.Since its adoption, signing, ratification and enforce-ment, the convention has emerged as a fundamentallegal document, which establishes a new regime

governing the use and conservation of biologicalresources. The Royal Government of Cambodiaratified the Biodiversity Convention in January1994.

The provisions in the Convention for in situconservation recognize that Cambodia’s environ-mental resources should be locally preserved. In theprovisions for ex situ conservation, the interest toprotect biological resources is recognized. There arealso other provisions of the Biodiversity Convention,such as those on research and training, publiceducation and awareness and the need for impactassessment with respect to projects that may threatengenetic resources, species or habitats. These provi-sions allow for the development of a technical, socialand management infrastructure conducive to betterprotection of the earth’s biological diversity. Sharingof information and cooperation among parties tothe convention are other important elements.Cambodia and other member states of the conven-tion focus on three priority areas:

! Coastal and marine ecosystems and environ-mental threats;

! Biodiversity conservation and sustainabledevelopment; and

! Management strategies for conservation andsustainable development.

The marine flora and fauna obviously constitutea large part of the country’s biodiversity. The marineand coastal resources of Cambodia are seriouslythreatened by water pollution, coastal developments,overfishing, and other forms of habitat destruction.Thus, there is a need to protect, conserve andmanage such resources and in that respect Articles56, 61, 62, 192 and 194 of the UNCLOS can beconsidered as complementary and supportive to theBiodiversity Convention. The management ofCambodia’s coastal biodiversity will require closecoordination among relevant government agenciesand local communities.

UN FUN FUN FUN FUN Framework Convention on Climateramework Convention on Climateramework Convention on Climateramework Convention on Climateramework Convention on ClimateChangeChangeChangeChangeChange

The United Nations Framework Convention onClimate Change (UNFCCC) was adopted in 1992also at the UNCED in Rio de Janeiro. This markedthe culmination of international initiatives that have

51

been ongoing since the United Nations Conference onthe Human Environment (held in Stockholm, 1972).Cambodia ratified the Convention on 18 December1995. The convention’s objective is to regulate levels ofgreenhouse gas concentrations in the atmosphere so asto avoid global climate change to a degree that would beharmful to economic development and that wouldimpede food production.

The convention is founded on the principles thatparties should take courses of action, in respect of theireconomic and social activities, and with regard to theconvention’s requirements, which will protect theclimate system for present and future generations. MoEpresented a statement on climate change at the ThirdSession of the Conference of Parties in Kyoto, Japan,December 1997. The Cambodian Government intendsto be involved in a global mechanism to deal with thiscritical issue.

PPPPPOLICOLICOLICOLICOLICYYYYY, L, L, L, L, LEGALEGALEGALEGALEGAL ANDANDANDANDAND O O O O ORGANIZARGANIZARGANIZARGANIZARGANIZATIONALTIONALTIONALTIONALTIONALCCCCCONSTRAINTSONSTRAINTSONSTRAINTSONSTRAINTSONSTRAINTS

The implementation of sustainable resource usepolicies and environmental management in coastalareas of Cambodia has faced numerous setbacks due topolicy, legal and institutional constraints.

PPPPPolicy Constraintsolicy Constraintsolicy Constraintsolicy Constraintsolicy Constraints

National policies and sector policies seem toobroad or too demanding in relation to availablefinancial resources. There is no specific focus on coastalareas in the policies related to the environment,fisheries, industry, transport and tourism. There is,subsequently, no specific coastal zone policy, even withregard to integrated or coordinated coastal zonemanagement.

Lack of implementation and unclear responsibili-ties for the implementation of these policies amonglocal authorities are the main constraints in the protec-tion, conservation and management of coastal andmarine environmental resources. The political situationaffects the development and implementation of inte-grated coastal zone planning and management policiesand strategies. Policy implementation is also con-strained by the existing legal and institutional frame-works.

Legal ConstraintsLegal ConstraintsLegal ConstraintsLegal ConstraintsLegal Constraints

One of the government’s central ambitions is todevelop Cambodia as a state with a functioning legaland administrative systems. Many decrees, laws, sub-decrees and other legal instruments have been issued orare being developed. The current process of lawmakingis usually carried out by a team of national and interna-tional experts. Most of these efforts are funded throughinternational agencies.

In spite of the ambitions, several constraints in thelegal framework persist. First, most laws and sub-decrees, which have been adopted, do not havesupportive documents stating their rationale andobjectives including guidelines for their interpretation.The result is that different interpretations are beingmade by different persons, even in the same region.Second, The Royal Decree on the Creation andDesignation of Protected Areas (adopted on 1 Novem-ber 1993) covers areas that are also covered in thefisheries and forestry laws in the context of protectedareas. However, the Decree seems to give no clearresponsibility to the MoE, or other specific ministry, tomanage the designated protected areas. The RoyalDecree does not define any measure to prosecuteanyone who violates it. The penalties are to be estab-lished by laws or sub-decrees. Furthermore, the Decreedoes not make any reference to the determination ofbuffer and core zones of protected areas. The result is asituation of unclear institutional mandates and weakenforcement mechanisms. Third, many laws, sub-decrees and other legal instruments are needed toaddress and regulate economic development. Theprocess of developing laws is attempting to keep pacewith the rapid emergence of economic opportunities.The result is a situation where laws are drafted quicklyand insufficient time is being given for consultationswith communities, resource users and other stakehold-ers which in turn leads to difficulties in law enforce-ment. Fourth, the key provisions of many laws are notspecified. The specifications are generally left to bedefined in separate laws or sub-decrees. The result isthat, due to the time needed to developnew laws and decrees, these definitions will take sometime before they can be used. This will, inturn, affect the enforcement. Fifth, many laws that arepresently being enforced are outdated, in whole orpart, and do not reflect the current situation. Forinstance, the Fisheries Law of 1987 has the followingconstraints:

52

a) no provisions to limit the size or age ofharvestable marine fish or the protection ofendangered species; and

b) no prohibition in the use of mechanizedpush gear (for the gathering of shellfish)which destroys the seabed ecosystem.

Finally, the periods of political instability affectnot only the effective enforcement of the laws but alsothe development of new laws and regulations.

OrOrOrOrOrganizational Constraintsganizational Constraintsganizational Constraintsganizational Constraintsganizational Constraints

Government institutions are facing manyconstraints both at national and local levels. At thelocal level, there are the provincial authorities,provincial sector departments, district authorities,communal and village offices, which are all part ofthe government structure. In terms of constraints,they have at least two major problems in common.They are all suffering from or are hampered by theunstable political situation and they all lack financialresources.

Human ResourHuman ResourHuman ResourHuman ResourHuman Resources Constraintsces Constraintsces Constraintsces Constraintsces Constraints

The immediate constraints with regards tohuman resources are the inadequate knowledge,skills and experience of some staff in provincial fieldoffices regarding coastal resources and environmen-tal management. The needed management skillsinclude the expertise to implement sustainablemanagement of fisheries, forestry, industry, tourism,transportation, etc.; environmental planning andmanagement; skills to strengthen law enforcement(including the capacity to understand the context oflaws, sub-decrees and related instruments issued atboth national and international levels); and thecapability to promote environmental awareness tothe public.

At the village level, there is a lack of awarenesson the cause and effect of environmental degrada-tion. The APHEDA workshop referred to earlier,which was intended to promote environmentalconsciousness, fell short of its target due to fundingconstraints. The difficulty in reaching the capacitybuilding target could also be noticed in the trainingcomponent for government staff within a Danidafunded coastal project. There is a need for theseinitiatives to be continued and expanded in scope.

LLLLLaw Enforaw Enforaw Enforaw Enforaw Enforcement Constraintscement Constraintscement Constraintscement Constraintscement Constraints

The main laws related to the management ofcoastal resources are Fisheries Law, 1987; ForestryLaw, 1988; Land Law, 1992; Law on Land Manage-ment, Urbanization and Construction, 1994; Law onEnvironmental Protection and Natural Manage-ment, 1996; and Royal Decree on the Creation andDesignation of Protected Areas, 1993.

These laws are not well implemented due to thepolitical influence, uncontrolled development andthe impact of selfish interests. These led to:

! Disorder in logging and transportation;! Disorder in fishing where about 50% of

boats do not have permits, use of illegalgear, use of bombs or grenades in someplaces, illegal fish transportation and depotsand encroachment of mangrove areas forsaltpans and shrimp farms;

! Disorder in construction, especially in thecities;

! Encroachment of forest land and mangroveareas for agriculture; and

! Lack of monitoring or control (e.g., check-points at roads) leading to disorder in theuse of natural resources and in the transpor-tation of natural products (checkpoints arenot referred to in the Fisheries and ForestryLaws).

Aside from the above, there are also technicalconstraints, which include:

! Lack of qualified law enforcement officersand staff;

! Lack of monitoring equipment (e.g., patrolboats);

! Local people’s unfamiliarity with the law;and

! Provincial departments do not have thepower or resources to monitor the use ofnatural resources.

Management System ConstraintsManagement System ConstraintsManagement System ConstraintsManagement System ConstraintsManagement System Constraints

As mentioned earlier, the responsibility forcoastal zone management and coastal developmentis shared by many ministries and departments. Onoccasion, their duties and responsibilities are not

53

Table 2.6 Current and Potential Overlaps and Conflicts between Sectors.

Responsible Department/Office In Fo Fi Ag To Tr Lu Rd En

1 Industry (In) P CP P P P CP CP2 Forestry (Fo) P CP CP P P CP P CP3 Fisheries (Fi) CP CP CP P CP CP P CP4 Agriculture (Ag) P CP CP CP CP CP5 Tourism (To) P P P CP P CP P6 Transportation (Tr) P P CP P CP7 Land Use (Lu) CP CP CP CP CP CP CP8 Rural Development (Rd) P P CP CP9 Environment (En) CP CP CP CP P CP CP CP CP

Note: C- Current Overlaps and Conflicts, P- Potential Overlaps and Conflicts

consistent with laws, sub-decrees or other governmentdecisions. In some cases, departments work indepen-dently. This leads to management overlap andconflicts. The main activities that lead to, or couldlead to overlap and conflict in the coastal areas are(see also Tables 2.6 and 2.7):

! Land expansion (i.e., conversion) for agricul-ture, rice fields and industrial crop cultiva-tion, saltpans and urban development;

! Mangrove deforestation for charcoal produc-tion, shrimp farming and other purposes;

! Expansion of tourism areas and activitiesinto protected areas;

! Increase in transportation activities (mari-time transport, port development andcongestion in ports); and

! Increased use of pesticides and fertilizers foragriculture.

Presently, there is a trend to move from adecentralized management system to a centralizedone. This process has become a constraint forprovincial departments as it has created situationswhere the lines of authority are ambiguous.

FFFFFinancial Constraintsinancial Constraintsinancial Constraintsinancial Constraintsinancial Constraints

The main income of the provinces and munici-palities comes from the national budget, which are inturn derived from provincial and municipal taxcollection. All provincial and municipal tax revenueis transferred to the Ministry of Economics andFinance by the provincial and municipal depart-ments of finance. Due to this, for any expenditurementioned in the Law on Financing and PropertyRegime in Provinces and Municipalities adopted in

1998 (Article 19), the provinces and municipalitiesshould submit proposals in order to get budgetallocations from the Ministry of Economics andFinance. Only a small part of the income andrevenue collected can be directly used by the prov-inces and municipalities. They then face difficultiesin collecting sufficient revenue for their requirements.The lack of funds from both internal and externalsources prevents the ministries and other agenciesfrom fulfilling their mandates. As such, bilateral andmultilateral financial asistance provides importantsupport.

RRRRRECOMMENDAECOMMENDAECOMMENDAECOMMENDAECOMMENDATIONSTIONSTIONSTIONSTIONS

The Cambodian government has no policiesspecific to coastal zone management. Sectoralpolicies for fisheries and industry, for example, aretaken as applicable approaches to coastal zonemanagement. The objectives of suggested recom-mendations for the development of policies forcoastal zone management are as follows:

! To promote the economic growth of allproductive sectors and services, which inturn will ensure political, economic andsocial stability;

! To enhance the administrative infrastructureof provinces through human resourcesdevelopment and financial support;

! To encourage the development of laws, sub-decrees, or other legal requirements relatingto coastal zone management;

! To ensure compliance with laws, sub-decrees, and other requirements throughcapacity building; and

! To protect the natural resources and the

54

environment of the coastal zone.

For the successful implementation of thesepolicies, some strategic actions need to be taken.

Strategy 1: PStrategy 1: PStrategy 1: PStrategy 1: PStrategy 1: Prrrrromote economic gromote economic gromote economic gromote economic gromote economic growthowthowthowthowthin the coastal zonein the coastal zonein the coastal zonein the coastal zonein the coastal zone

1.1 Attract foreign investment to the coastal areas toincrease employment opportunities and in-comes;

1.2 Increase support for the following sectors:a) Agricultural production, develop agricul-

tural products for agro-industrial use, localconsumption and export;

b) Livestock, animal husbandry, mariculture,and aquatic products;

c) Forest products in concession areas, refores-tation; and

d) Manufacture of cement, fertilizer, clothing,fish sauce, canned products and salt pro-ducts;

1.3 Develop services based on natural resourcessuch as, eco-tourism, marine sanctuaries, sportfishing; and

1.4 Develop transportation infrastructure.

Strategy 2: Enhance administrative infra-Strategy 2: Enhance administrative infra-Strategy 2: Enhance administrative infra-Strategy 2: Enhance administrative infra-Strategy 2: Enhance administrative infra-structurstructurstructurstructurstructure and develop human re and develop human re and develop human re and develop human re and develop human resouresouresouresouresourcescescescesces

2.1 Strengthen the central administrative system ofeach ministry to ensure that decisions affectingnatural resources are reviewed by all relevantauthorities;

2.2 Improve delivery of government services toinvestors and the public;

2.3 Train officials in methods of integrated coastalzone management and sustainable development;

2.4 Ensure that officials appointed to positions ofresponsibility are qualified; and

2.5 Increase salaries of government officials.

Strategy 3: Develop laws on coastalStrategy 3: Develop laws on coastalStrategy 3: Develop laws on coastalStrategy 3: Develop laws on coastalStrategy 3: Develop laws on coastalzone managementzone managementzone managementzone managementzone management

3.1 Develop laws on coastal zone management tocomplement existing laws on environmentalprotection;

3.2 Formulate sub-decrees on marine pollution andsolid waste;

3.3 Include commitments to international conven-tions in national laws and sub-decrees; and

3.4 Develop mechanisms for local communityparticipation in the formulation of laws.

Strategy 4: StrStrategy 4: StrStrategy 4: StrStrategy 4: StrStrategy 4: Strengthen law enforengthen law enforengthen law enforengthen law enforengthen law enforcementcementcementcementcement

4.1 Strengthen the enforcement of existing laws;4.2 Amend some of the existing laws, such as the

fisheries and forestry laws;4.3 Train officials to understand the content of laws,

improving implementation;4.4 Develop procedural guidelines to ensure

communities understand and participate in thedevelopment and enforcement of laws;

4.5 Strengthen monitoring systems includingmeasures for legal action against violators oflaws on environmental protection;

Table 2.7 Current and Potential Overlaps and Conflicts within the Legal System.

Legal Systems FoL FiL LEP LL LLM RD

1 FoL - Forestry Law, 1987 CP CP CP2 FiL - Fisheries Law, 1988 CP CP CP3 LEP - Law on Environmental

Protection and Natural CP CPManagement, 1996

4 LL - Land Law, 1992 P CP CP5 LLM - Law on Land

Management, Urbanization and CPConstruction, 1994

6 RD - Royal Decree on theCreation and Designation of CP CP CPProtected Areas, 1993

Note: C- Current Overlaps and Conflicts, P- Potential Overlaps and Conflicts

55

4.6 Foster cooperation among authorities from theministries to the villages, in the effort to enforcethe laws; and

4.7 Engage the assistance of relevant NGOs inmonitoring and enforcement of laws on theprotection of the environment.

Strategy 5: PStrategy 5: PStrategy 5: PStrategy 5: PStrategy 5: Prrrrrotect coastal rotect coastal rotect coastal rotect coastal rotect coastal resouresouresouresouresourcescescescesces

5.1 Develop a coastal zone master plan for eachcoastal province and municipality;

5.2 Promote environmental awareness at the com-munity level through schools, media and in theprocess, relate to elements of indigenous belief;

5.3 Encourage the conduct of coastal and marinescientific research and natural resource invento-ries;

5.4 Develop a marine research center; and5.5 Foster cooperation between government agen-

cies and international organizations to facilitatethe exchange of information and technicalexpertise and provide for extension of neededfinancial support to improve coastal zonemanagement and natural resources protection.

Strategy 6: Empower local communities toStrategy 6: Empower local communities toStrategy 6: Empower local communities toStrategy 6: Empower local communities toStrategy 6: Empower local communities tomanage coastal rmanage coastal rmanage coastal rmanage coastal rmanage coastal resouresouresouresouresourcescescescesces

6.1 Provide opportunities for communities todemonstrate their commitment to manage theirnatural resources and economic base;

6.2 Ensure that communities and governmentagencies cooperate in the management ofmangrove forests and fishery resources to benefitlocal villages; and

6.3 Offer community-based training for coastalresource management.

AAAAACKNOWLEDGEMENTCKNOWLEDGEMENTCKNOWLEDGEMENTCKNOWLEDGEMENTCKNOWLEDGEMENT

We owe our gratitude to the Ministers,Secretaries, Undersecretaries, General Directorsand Directors of the Ministries of Tourism,Environment, Industry, Mines and Energy, PublicWorks and Transport and Agriculture, Forestryand Fisheries, who gave us great support andenabled us to get all needed information andmaterials on institutional, legal and policy issues ofcoastal resource management.

Many thanks to the provincial authorities ofSihanoukville, Kep, Koh Kong and KampotProvinces as well as the towns, who kindly gave usan understanding of the overall management anduse of natural resources at the local level.

We would like to acknowledge the supportand cooperation provided by non-governmentorganizations and international organizations whokindly collaborated with us, including the Partici-patory Management of Mangrove ResourcesProject and the Environmental Management ofthe Coastal Zone Project as well as NGOs such asAPHEDA in Kampot Province and the AmericanFriends Service Committee in Sre Ambel, KohKong Province for helping us with the case studies.Special thanks to Mr. Kim Nong, Mr. Nin Vannthaand Ms. Chheang Sokha for their assistance in thestudy.

We also extend our gratitude to the Directorsand staff of the Coastal Resources Institute inThailand and Wetlands International-Asia Pacificin Malaysia for kindly hosting us during the studytour. We appreciate the sharing of informationand useful insights from the many regionalorganizations that helped us gain perspectives onthe management of coastal resources.

Last but not the least, our team would like toexpress our deepest thanks to the InternationalCenter for Living Aquatic Resources Managementand the Swedish International DevelopmentCooperation Agency who provided funds andtechnical support to ensure the success of ourwork.

56

RRRRREFERENCESEFERENCESEFERENCESEFERENCESEFERENCES

EVS Environment Consultants, Ltd. 1996. Coastal and marineenvironmental management for the Kingdom ofCambodia. Prepared by EVS Environment ConsultantsLtd. Vancouver, Canada (Asian Development Bank RETA5552: Coastal and Marine Environment in the SouthChina Sea.) Ministry of Environment, Phnom Penh.

Anon. 1998. ASEAN renewal, 03 July 1998: 10.

Ban Chang Regional Development Co., Ltd. & Act ConsultantCo., Ltd. 1994. Presentation Text for Feasibility StudyTasks of Sihanoukville Industrial Zone.

Bernard, P. 1934. Le problème économique Indochinois.Biblioteque National, Paris.

Brunier, H. 1914. Essai d’atlas statistique de l’IndochineFrançaise. Biblioteque National, Paris.

Collard, P. 1925. Le Cambodge et les Cambodgiens.Biblioteque National, Paris.

Csavas, I., D.J. Doulman, T.O. Petr, J. Prado and L. Debas.1994. Cambodia rehabilitation and development needsof the fisheries sector. FAO Fisheries Circular No. 837,Rome.

Department of Fisheries. 1997. Statistic of the Department ofFisheries of Ministry of Aquaculture, Forestry andFisheries. Unpublished.

MoE/IDRC (Ministry of Energy/International DevelopmentResearch Center). 1995. Mangrove forest resources andlocal communities: Phnom Penh, Cambodia.

Dreyfus, P. 1914. Le Cambodge économique. BibliotequeNational, Paris.

Ebihara. 1968. Svay, a Khmer village in Cambodia. ColumbiaUniversity, New York. Ph.D dissertation.

ESCAP. 1993. Atlas of mineral resources of ESCAP Region.ESCAP, Bangkok. 10(87).

ESCAP. 1995. Towards integrated coastal zone managementin Asia, development and management of non-livingresources in the coastal zone of the ASIA and Pacific.United Nations. New York. Volume 1.

Henry, Y. 1932. Economic agricole de l’Indochine.Biblioteque National, Hanoi.

Hou Youn. 1955. La paysannerie du Cambodge et ses projetde modernisation. Biblioteque National, Paris.

Hu Nim. 1965. Les services publiques economiques auCambodge. Biblioteque National, Phnom Penh.

Khan Sambourn and Touch Sambath. 1995. Status and issuesof the coastal zone management in Cambodia. Paperpresented at the 1st Coast Plan.

Regional Working Group Meeting/ Coordinating Committeefor Coastal and Offshore Geosciences Program in Eastand Southeast Asia, Bangkok, Thailand.

Long Rithirak. 1995. Seagrass. Ministry of Environment,Phnom Penh.

Mekong Committee. 1992. Fisheries in the Lower MekongBasin. Main Report of the Interim Committee forCoordination of Investigations of the Lower MekongBasin. Mekong River Commission, Bangkok.

Ministry of Environment, IDRC and EVS EnvironmentConsultant, Ltd. 1996. Coastal zone management inCambodia. Ministry of Environment, Phnom Penh.

Ministry of Planning. 1997. A Poverty Profile in Cambodia.

Ministry of Environment. 1998. National EnvironmentalAction 1998-2002. Ministry of Environment, PhnomPenh.

Ouk Sisovann. 1997. Inventory for coral and coral reefs inCambodia. Ministry of Environment, Phnom Penh.Unpublished.

PADECO Co. 1996. Regional technical assistance to theGreater Mekong Sub-region for the mitigation of non-physical barriers to cross-border movement of goods andpeople. Completion Report, PADECO Co., Ltd. ADB.

Pou Sothirak. 1996. Policy Position Paper for SectorialInvestment in the Industrial, Energy and Mineral Sector.

Sluiter, L. 1992. The Mekong currency project for ecologicalrecovery. TERRA, Bangkok.

SweRoad in association with Lanxang International and MariTerm. 1994. Cambodia Transport Rehabilitation Study,ADB TA 1866.CAM. Co-financed by SIDA and UNDP,Phnom Penh.

Tana T. S., et al. 1995. Evolution of the pelagic fisheries inCambodia. Department of Fisheries, Phnom Penh.

Touzet, A. 1939. Le Regime monetaire de l’Indochine.Biblioteque National, Paris.

Vimoul, Pen SPP. 1996. Country Report: Coastal zonemanagement in Cambodia. Hat Yai, Thailand.

57

The workshop served to bring together experts,interested and concerned institutions, central govern-ment agencies, provincial authorities, NGOs andinternational organizations to discuss the contentsand findings of the study as presented in the report.Feedback was sought to revise, as needed, the reportand its recommendations. Furthermore, by assessingthe level of support of key policies/decision-makers, itwas an aim to build momentum in the process ofimproving the framework for planning and manage-ment of coastal development.

The workshop focused on how institutions, legalframeworks, policy and planning affect the manage-ment of fisheries, coastal resources and the coastalenvironment. The participants raised issues andconcerns regarding the state of Cambodia’s coastalareas and gave suggestions on coastal zone manage-ment for sustainable development. The workshopresults were used as the basis for the draft report.

The participants came from the Ministries ofEnvironment, Agriculture (Department of Fisheries),Industry, Mine and Energy, Tourism, Public Workand Transportation and Rural Development, thePMMR Project, the Environmental Management ofCoastal Zone Project, the EIA Project, the AITProject, the AFSC Organization, USAID, UNDP,IDRC, WI, CDC, CORIN in Thailand, and thegovernors and officials from the provinces of KohKong, Kampot, Sihanoukville, Kep City. A total of53 people attended the workshop.

Following is a summary of the discussions of thethree working groups:

GrGrGrGrGroup I: Institutional Settingoup I: Institutional Settingoup I: Institutional Settingoup I: Institutional Settingoup I: Institutional Setting

Question:Who are involved in - Coastal Zone Management

(functions, roles, and respon-sibilities)

- Law Enforcement- Strategic Policy and Planning

(i.e., lack of coordination andintegration)?

Results:1. Relations between Provincial Authority and

Ministriesa) Provincial authority shall manage the

budget provided by the government.b) Provincial authority cooperates with relevant

ministries to prevent illegal activities andprotect coastal resources and environment.

c) Provincial authority manages administrationof the province and encourages cooperationbetween itself and other relevant depart-ments in the province.

d) The provincial authority has more powerthan the departments in the province.

e) There is a lack of good relations betweenthe provincial authority and central govern-mental ministries.

Issues:a) Lack of budget.b) Titles to land, saltpans and shrimp farms

were issued without consulting with therelevant agencies.

c) Local authorities do not follow establishedplans (i.e. master plan, etc.).

d) Some relevant institutions have beeninvolved or consulted in decision-making atthe local level.

Proposed Measures:a) The national committees should be aware of

the problems happening in local communi-ties and help communities to address them.

b) Relevant institutions should inform andadvise provincial authority in decision-making on projects.

c) Issuing titles or rights to establish and usesaltpans should be prohibited.

AAAAAPPENDIXPPENDIXPPENDIXPPENDIXPPENDIX

RRRRREPOREPOREPOREPOREPORTTTTT OFOFOFOFOF THETHETHETHETHE W W W W WORKSHOPORKSHOPORKSHOPORKSHOPORKSHOP ONONONONON THETHETHETHETHE M M M M MANAGEMENTANAGEMENTANAGEMENTANAGEMENTANAGEMENT OFOFOFOFOF F F F F FISHERIESISHERIESISHERIESISHERIESISHERIES,,,,,CCCCCOAOAOAOAOASTSTSTSTSTALALALALAL R R R R RESOURCESESOURCESESOURCESESOURCESESOURCES ANDANDANDANDAND THETHETHETHETHE C C C C COAOAOAOAOASTSTSTSTSTALALALALAL E E E E ENVIRONMENTNVIRONMENTNVIRONMENTNVIRONMENTNVIRONMENT INININININ C C C C CAMBODIAAMBODIAAMBODIAAMBODIAAMBODIA:::::

IIIIINSTITUTIONALNSTITUTIONALNSTITUTIONALNSTITUTIONALNSTITUTIONAL, L, L, L, L, LEGALEGALEGALEGALEGAL ANDANDANDANDAND P P P P POLICOLICOLICOLICOLICYYYYY P P P P PERSPECTIVESERSPECTIVESERSPECTIVESERSPECTIVESERSPECTIVES

23 J23 J23 J23 J23 JUNEUNEUNEUNEUNE 1998, M 1998, M 1998, M 1998, M 1998, MINISTRINISTRINISTRINISTRINISTRYYYYY OFOFOFOFOF E E E E ENVIRONMENTNVIRONMENTNVIRONMENTNVIRONMENTNVIRONMENT P P P P PHNOMHNOMHNOMHNOMHNOM P P P P PENHENHENHENHENH, C, C, C, C, CAMBODIAAMBODIAAMBODIAAMBODIAAMBODIA

58

2. Law ImplementationIssues:

a) The implementation of the law in localcommunities is limited.

b) The relationship among governmentdepartments at the provincial level is notgood.

c) Local authorities are not consulting relevantdepartments in the implementation of theiractivities.

d) Some laws are out of date.e) Roles and responsibilities overlap between

government in as far as the implementationof the law.

f) Land titles in the coastal areas were issuedwithout consulting relevant agencies.

g) Laws and regulations have not been dis-seminated to local communities in a goodway.

h) Laws are enforced only on people who haveno power.

i) There is a lack of facilities to implement andenforce the law.

j) Some laws have penalties that are toolenient.

k) The sanctions included in the law of fisher-ies are not appropriate.

Proposed Measures:a) Proposed documents or projects should be

submitted to the relevant technical agencies.b) Clarify roles and responsibilities of relevant

government agencies in coastal zonemanagement.

c) Provincial authority should consult withtechnical agencies before making decisionson investment projects and before issuingany land titles in coastal zones and nationalparks.

d) Set up guidelines for local authorities togrant permissions for investment.

e) Propose additional laws and regulations andto improve existing laws and regulations.

f) Set up small-scale industries to attractinvestment.

g) Build a hydropower station in KamchayMountain that could generate power forfour provinces.

h) Human resources training at the provincial,district and commune level should beencouraged, especially with regard to coastal

resource management.i) Build a research center for coastal resources.j) Set up a master plan for the management

and use of coastal lands and natural re-sources.

GrGrGrGrGroup II: Legal Foup II: Legal Foup II: Legal Foup II: Legal Foup II: Legal Frameworkrameworkrameworkrameworkramework

Question:Who are involved in - Coastal Zone Management

(functions, roles andresponsibility)

- Law Enforcement- Strategic Policy and Planning

(lack of coordination andintegration)?

Results/Issues:1. Law Implementation

a) Difficulty in educating of the public aboutthe law.

b) Lack of good cooperation.c) Gaps in the legal system.

- Discrepancies in law enforcement.- Overlap of roles and responsibilities

between agencies- Lack of human resources to develop the

law and legal provisions.

2. Roles and Responsibilitya) The responsibility of respective (technical)

agencies in law enforcement and the man-agement of human resources is not clear.

b) Lack of human resourcesc) Overlapping of responsibilitiesd) Political instabilitye) Povertyf) The new management system(s) employed

by line agencies is(are) not doing well.

3. Proposed measuresa) Develop a master plan for the four prov-

inces.b) Development of law or sub-decrees for

marine pollution.c) Strengthen and improve the vertical line of

management responsibilities of (technical)agencies.

d) Encourage the implementation of interna-tional laws and conventions such as

59

UNCLOS, MARPOL and Ramsar.e) Amend coastal related laws to improve

coastal zone management.f) Set up an Integrated Committee for Coastal

Zone Management at the provincial level.

GrGrGrGrGroup III: Poup III: Poup III: Poup III: Poup III: Policy and Planningolicy and Planningolicy and Planningolicy and Planningolicy and Planning

Question:Who are involved in - Coastal Zone Management

(functions, roles, andresponsibilities)

- Law Enforcement- Strategic Policy and Planning

(i.e., lack of coordination andintegration)?

Results/Issues:1. Policy

a) Policies should meet the needs of thepeople.

b) The policies of government agencies shouldfollow national policy and should be appro-priate to the tradition of the communities.

c) Identify the institutions that are responsiblefor the management of the coastal zone.

d) A clear national policy for the coastal zoneshould be developed in collaboration withthe relevant (technical) agencies.

2. Strategic Planninga) Plans should be made with complete data

and information.b) The management of coastal resources

should involve local communities.c) Develop a master plan for the coastal zone

in collaboration with relevant (technical)agencies.

3. Consequencesa) Government’s plans do not meet the

people’s needs.b) Plan implementation is not done well

because of faults in the administrativesystem.

c) The cooperation of agencies is limited.

4. Proposed Measuresa) Review and improve the existing laws.

On the whole, the workshop was thought to beuseful. It provided an opportunity for cooperationamong government ministries, provincial govern-ments, NGOs, international organizations and otheragencies and to discuss and cooperate to addresscrucial issues.

60

AAAAABSTRACTBSTRACTBSTRACTBSTRACTBSTRACT

This research explores legal and institutional aspects of fisheries and coastal re-sources management. The analysis is based on the principles of integrated fisheriesmanagement which includes seven key management factors: (1) information systems; (2)natural resources assessment; (3) natural resources allocation; (4) natural resourcesutilization and protection; (5) process of production; (6) marketing; and (7) MCS (monitor-ing, control and surveillance) systems. This study includes three locations, namely AmethVillage (Nusa Laut Island), Sulamu Village (Kupang Bay) and Kampung Laut (SegaraAnakan).

Findings indicate that fisheries and coastal resources management in Indonesia is notyet effective. Laws, regulations and policies have been issued by the Government ofIndonesia as legal bases for developing marine fisheries management. The GeneralGuidelines of State Policy (GBHN) of 1993 and 1998 provide policy guidelines of fisheriesand coastal marine resources management. Since 1993, implementation and develop-ment of integrated fisheries management have been intensified in several coastal andmarine areas of Indonesia. However, several problems still exist as a result of conflictinginterests among stakeholders and overlapping jurisdictions over marine resources amonggovernment institutions and agencies. These problems include coastal and marineresources depletion, degradation of aquatic habitats and marine pollution.

The principles of integrated fisheries and coastal resources management have beendeveloped, but such actions did not really address the roots of the problems, i.e., conflictsof interest and overlapping jurisdictions among stakeholders, including governments, thecoastal communities and the private sector. Decentralization is not apparent. The role ofprovincial and district (regional) governments in managing coastal and marine resourcesis not significant yet. Even though (de facto) regional and local governments are engagedin several marine activities, they do not have jurisdictions (de jure) over marine resources.The involvement and participation of local community still needs improvement. Therevitalization of environment-friendly traditional values and practices is required to improvemanagement that promotes ecological and economic benefits for local communities andnational interests.

Coastal RCoastal RCoastal RCoastal RCoastal ResouresouresouresouresourcescescescescesManagement in Indonesia:Management in Indonesia:Management in Indonesia:Management in Indonesia:Management in Indonesia:

Legal and Institutional AspectsLegal and Institutional AspectsLegal and Institutional AspectsLegal and Institutional AspectsLegal and Institutional AspectsTommy H. Purwaka* and Sunoto

Center for Archipelago, Law and Development Studies, Indonesia

*Current Affiliation: Office of the State Minister of Environment, Indonesia

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IIIIINTRODUCTIONNTRODUCTIONNTRODUCTIONNTRODUCTIONNTRODUCTION

Pressures on coastal and marine resources inIndonesia have increased in the past years. Erosion,pollution and sectoral and use conflicts have becomemajor problems in most of the country’s coastal zone.These problems are associated with the negativeimpacts of land-based activities such as, deforesta-tion, pesticide in agriculture, and waste disposal. Thesituation is further aggravated by inappropriatefishing practices such as the use of dynamite, poison-ous chemicals, and small mesh size gill nets. Othercontributing factors include pollution from marinetransportation, coral reef mining, and exploitation ofmangroves by local communities and big business.

The coastal environmental problems are moresevere on the west coast, particularly northern andsouthern Sumatra, Bali, and the Java Sea. Intensivemariculture projects, coral mining practices, anddestructive fishing in these areas are causing seriousdamage to reefs, mangroves and fish populations.Pollution has become a major problem, particularlyindustrial and household waste from the denselypopulated islands of Sumatra and Java. In contrast,eastern Indonesian waters face less pressure fromland-based activities. Most parts of this region arestill in good condition. However, a number ofinvestors have built intensive mariculture projectsand exploitation of fish stock exceeds sustainablelevels. Competition between big business and localcommunities is apparent. Community access tocoastal and marine resources is threatened.

More than 60% of Indonesia’s population livesin coastal areas. The population is estimated to be251 million by 2020 with an annual growth rate ofabout 1.5%. The contribution of marine-basedactivities to the national economy has increasedfrom 12% in 1987 to 24% in 1992 and is expected toaccelerate economic growth over the next five years.The pressure on coastal and marine resources willincrease significantly as marine-based activities areexpanded to support development. Marine re-sources management is difficult because implemen-tation of existing laws concerning coastal andmarine resources is poor. The existing laws are not asufficient legal basis for integrated coastal andmarine resources management. In addition, theabsence of clear mandates among institutions makes

for ineffective coastal and marine management.Each institution focuses on particular resources anddeals with its own interests. Indonesia needs todevelop environmental management policies thatpromote sustainable development through theoptimum use of coastal and marine resources andeffective environmental protection. Policies mustsatisfy both national and local interests.

Critical IssuesCritical IssuesCritical IssuesCritical IssuesCritical Issues

A number of laws concerning fisheries and othermarine resources along with regulations have beenestablished and provide some legal basis for govern-ment institutions to manage coastal and marinefisheries resources. The existing laws and regulationsallow the private sector, communities and other legalentities to use coastal and marine resources. How-ever, implementation is hampered by legal con-straints, misinterpretation, conflicts of interest, andoverlapping jurisdictions. The result is a climate ofuncertainty and inconsistency on law enforcement.Lack of coordination and cooperation amonggovernment institutions further hampers the processof promoting integrated fisheries, coastal, andmarine resources management and there is oftenconflict among stakeholders regarding licenses andpermits. The result is over-capitalization in theindustry and overexploitation of marine resources.This will accelerate the degradation of coastal andmarine resources and imperil the absorptive capacityof the marine environment. The net result is likelyto be depletion of stocks, aquatic habitat destruction,and widespread pollution.

Regional governments do not have a mandate tomanage coastal and marine fishery resources. Theycannot directly take the necessary actions to dealwith problems. In reality, the regional governmentsdo engage in coastal and marine fishery regulation,but such actions have led to legal and technicalconstraints. The one legal instrument used by theregional governments is Article 9 Paragraph 1 of ActNo. 24, 1992 on Spatial Planning. This Article statesthat the regional governments do have a mandate tocarry out spatial planning in marine areas. However,while the Act itself has been passed, the implement-ing regulations are still in preparation.

This confusion over the status of existing written

62

marine laws and regulations has encouraged coastalcommunities to apply their own unwritten traditionallaws (hukum adat or adat laws). Implementation of sasilaw in Haruku, Saparua and Nusa Laut Islands is aclassic example. The adat laws are legally recognizedby the Indonesian legal system. For example, Articles3 and 5 of Act No. 5, 1960, explicitly recognize adatlaw and state that the existing adat law can be imple-mented in the field of agraria as long as it is in linewith the existing written laws and regulations. Whilenational laws and regulations promote integration ofadat laws and try to accommodate traditional rights(hak ulayat) of coastal communities, they have to beadjusted to the existing written laws and regulationsso their implementation does not contradict nationalregulations and policies.

Several recent studies on legal and institutionalaspects of coastal and marine fishery resourcesmanagement may have given readers the wrongunderstanding of unwritten adat laws. The applica-tion of many different adat laws without consideringthe national interest may bring about serious legaland social problems. The development of coastalcommunities is the responsibility of regional govern-ments, which have tried to mobilize communities toparticipate in managing resources.

Poverty has forced many members of coastalcommunities, most of whom are small-scale fishers,fish-farmers and coastal farmers, to engage indestructive and illegal practices such as dynamitefishing, poison fishing, coral reef and sand mining,mangrove cutting, and coastal land clearing. Thishas led to conflicts of interest among local resourceusers. These conflicts involve conflicts of adat laws.Efforts to integrate and incorporate the traditionalvalues and norms of adat laws into the national legalsystem is not an easy task and will require in-depthanalysis of legal and institutional aspects of inte-grated coastal and marine resources management,including analysis of private and public interests.

Fisheries, coastal and marine resources manage-ment are frequently discussed. However, discussionstend to lack comprehensive data and information.Two crucial problems rarely discussed includeoverlapping jurisdictions and conflicts of interest.

The existing laws and their implementing regulationsprovide government agencies and institutions with amandate to carry out certain activities related toexploration, exploitation, management and conserva-tion of coastal and marine resources. These laws andregulations were issued in accordance with thenational legal system. Unfortunately, they are noteasily integrated or effective. Each party tends to seelaws and regulations from a different sectoral perspec-tive and with different interests in mind.

According to Act No. 5, 1974 on Basic Provi-sions of Regional Government, the regional govern-ments do not have jurisdiction over fisheries,coastal, and marine resources. In reality, regionalgovernments do engage in marine related activitiessuch as issuing licenses for fishing vessels under 30GT, coastal aquaculture, cage culture, marinetourism, mangrove protection, mitigating marinepollution, collecting fees and taxes from severalmarine activities, and solving socioeconomic prob-lems of coastal communities. In this regard, theregional governments have used Article 9, Para-graph 1 of Act No. 24, 1992 on Spatial Planning asthe legal basis to support their marine activities,including fisheries. This situation has createduncertainty over jurisdictions of regional govern-ments over coastal and marine resources.

Article 9, Paragraph 1 of Act No. 24, 1992stipulates that the regional governments have a legalright to conduct spatial planning in coastal andmarine areas with outer boundaries delimitated byanother Act. However, the Act referred to in Article9 has not yet been promulgated by the Ministry ofHome Affairs. This Act proposes a marine manage-ment area of 12 nautical miles from the shoreline.However, this proposed limit has not yet accommo-dated various traditional maritime boundaries,which are determined by adat laws. Within thesemanagement areas, adat communities exercise theirtraditional rights (hak ulayat) for the purpose offishery resources exploration, exploitation, manage-ment and conservation. Application of two differentsets of laws frequently leads to conflicts. Theseproblems could be addressed through the develop-ment of co-management arrangements.

63

Scope and ArScope and ArScope and ArScope and ArScope and Area of Studyea of Studyea of Studyea of Studyea of Study

The purpose of this study is to examine thedevelopment of integrated coastal resources manage-ment, focusing on co-management and community-based approaches. The study will include the follow-ing:

! Review and analysis of the legal, institu-tional, and policy framework;

! Review and analysis of the patterns of coastalresources management, including the use ofspace;

! Review and identification of the role ofinterested parties, including governments atthe national, regional, and local levels; and

! Review and analysis of cultural aspects suchas religion, traditional values, beliefs andpractices.

The study was conducted in three locations:Ameth Village, Nusa Laut Island, Maluku; SulamuVillage, Kupang Bay, Nusa Tenggara Timur; andKampung Laut, Segara Anakan, Central Java. Theseareas were selected based on:

! The presence of a government developmentprogram;

! The presence of a coastal resources manage-ment scheme;

! Overlapping jurisdictions and conflicts ofinterest;

! The existence of adat laws influencingcommunity participation;

! Representation of specific coastal andmarine environments;

! Availability and commitment of governmentofficials; and

! Access and availability of communicationfacilities.

MMMMMETHODOLOGETHODOLOGETHODOLOGETHODOLOGETHODOLOGYYYYY

The primary data gathered through fieldobservations and interviews include all data andinformation regarding coastal and marine fisheriesmanagement, particularly those with legal, institu-tional, social and cultural aspects. The secondarydata include all reports and publications on coastaland marine resources management and legal materi-

als were gathered through library studies and inter-views. Field research was conducted twice in SegaraAnakan, Kupang Bay and Nusa Laut Island. Thefield research was carried out in February and in May1998.

The qualitative method analyzed data based oninterpretations of the contents of acts and regula-tions, traditional laws, and legal mandates of govern-ment institutions and agencies. The descriptivemethod analyzed data on the implementation of acts,regulations, traditional laws and legal mandates inthe field. These were reflected in the economic andcultural life of fishing communities. By comparingresults of qualitative and descriptive analysis, prob-lems and constraints of coastal and marine fisheriesmanagement could be identified and solutionsrecommended.

The legal approach used in this study can bedescribed as:

! Judicial normativemore qualitative than descriptive, leads todata analysis and discussion, for example,on legal principles, history, background andcontent of an Act and its implementingregulations; and

! Judicial empiric more descriptive thanqualitative, directs data analysis and discus-sion to the implementation of laws andregulations in the field.

Using the legal approach, we would know how alaw and its regulations should be executed and howit is actualized in the field. In this way, the gapbetween das sollen (the law as it should be) and dassein (the law as it is implemented) can be identified.

The institutional approach outlines the legalmandate provided by the laws and regulations. Thismandate covers tasks and functions as well ascompetencies and responsibilities of a stakeholdermanaging coastal and marine resources. Theapproach emphasizes inter-institutional relation-ships, overlapping jurisdictions, and conflicts ofinterest that occur because of decentralization anddeconcentration.

A systems approach views coastal and marine

64

resources management as an integrated system. Tounderstand the application of this approach, themeaning of integrated coastal and marine resourcesmanagement must be clear. In this study, the follow-ing definition is used: coastal and marine resourcesmanagement is a conscious process of decision-making whereby these resources are allocated overtime and space to optimize the attainment ofsociety’s stated objectives, within the framework ofits science and technology, political and socialinstitutions, legal and administrative arrangements.

CCCCCHARACTERISTICHARACTERISTICHARACTERISTICHARACTERISTICHARACTERISTICSSSSS OFOFOFOFOF M M M M MARINEARINEARINEARINEARINE R R R R RESOURCESESOURCESESOURCESESOURCESESOURCES

MangrMangrMangrMangrMangrovesovesovesovesoves

Indonesia has the largest concentration ofmangrove forests in Southeast Asia with an esti-mated area of 3.8 million ha. Mangroves are mostlyfound in Irian Jaya, Sumatra, Maluku, Kalimantan,Sulawesi, Java, and Nusa Tenggara.

There are at least 89 species dominated by thegenera Rhizopora, Avicenia, Sonneratia, Bruguiera,Xylocarpus, Ceriops, and Exoecaria. Mangrove forestsgrow well in the estuaries and deltas of large riversforming the main supporting ecosystem for marineand coastal areas. These forests function as breedingareas for numerous fish species and invertebrates.The long submerged roots of mangrove trees helpprevent erosion and coastal damage. The forests area source of income from fishing, firewood, timberand medicinal extracts for local communities.Unfortunately, illegal harvesting of trees, particu-larly for firewood and building materials, hassignificantly decreased forest cover. The degradationis also caused by intensive mariculture, which hasexpanded rapidly in the past few years. In 1982,mangrove forest cover was estimated at 4 251 011ha. In 1987, it was 3 235 700 ha which represents a30% loss. Only a small part of Indonesia’s mangroveis considered to be in excellent condition (Moosa etal. 1996). The degradation of mangrove forests hasaccelerated due to the increase in timber exportsand the extension of mangrove production conces-sions to small and large-scale businesses.

Coral RCoral RCoral RCoral RCoral Reefseefseefseefseefs

Coral reefs abound in Indonesian waters,particularly in shallow and calm waters. There is an

estimated 75 000 km2 of coral reefs includingfringing reefs, barrier reefs, and atolls. Coral reefecosystems have high organic productivity. Unfortu-nately, most coral reef ecosystems are threatened bypractices such as coral mining, dynamiting andpoison fishing, pollution from industrial andhousehold areas, and sedimentation from land-based activities. In 1996, 73% of reefs in Indonesiawere considered damaged. Only 22% were consid-ered to be in good condition while only 5% wereexcellent. The heaviest damage occurred in theSeribu, Bali, and Morotai Islands.

Seaweeds and SeagrassesSeaweeds and SeagrassesSeaweeds and SeagrassesSeaweeds and SeagrassesSeaweeds and Seagrasses

There are at least 7 families and 13 species ofseaweeds found in Indonesian waters. They coverthe coastal areas of Sumatera, Java, Bali,Kalimantan, Sulawesi, Maluku, Nusa Tenggara andIrian Jaya. Seagrass fields are also found in mostcoastal areas. These areas are highly productive andhost to various organisms. They are an importantfood source and their dense root systems stabilizethe bottom. They act as nursery grounds for severalcommercially important species.

FFFFFisheriesisheriesisheriesisheriesisheries

In the 1980s, potential fish production wasestimated at around 6.6 million tons per year,consisting of 4.5 million tons per year from territo-rial waters and 2.1 million tons per year from theexclusive economic zone (EEZ). According to theResearch Institute for Marine Fisheries (RIMF) andDirectorate General of Fisheries (DGoF) (Moosa etal. 1983, 1996), the annual potential fish productionper year in 1982 included:

! Demersals (2.5 million tons)! Small Pelagics (3.5 million tons)! Large Pelagics (441.0 thousand tons)! Skipjacks (275.0 thousand tons)! Tuna (161.0 thousand tons)! Penaeid (69.0 thousand tons)! Other crustaceans (25.0 thousand tons)! Coral reef fish (48 thousand tons)

In 1983, fish production in EEZ waters was 250500 tons or about 25% of total potential production.According to Moosa et al. (1996), total fisheriesproduction was around 40% of maximum sustain-

65

able yield. However, overfishing has occurred insome regions, mostly along the west coast andoverexploitation of shrimp fishing is apparent in theArafura Sea.

In order to conserve endangered species,Indonesia has taken measures to protect a numberof marine animals, including mammals, birds, andreptiles.

Marine TMarine TMarine TMarine TMarine Transportationransportationransportationransportationransportation

Marine transportation is vital in an archipelago.Loading and unloading tonnage measures theamount of marine transportation. The highestconcentration is in Riau, loading 56 618 800 tonsand unloading 14 059 000 tons. Marine transporta-tion potentially creates pollution that threatensmarine and coastal ecosystems. Marine transporta-tion may not relate directly to fish production, butpollution can damage fish habitats, particularlycoral reefs and their ecosystems. Therefore, fishproduction is obviously influenced by the waymarine and coastal environments are managed (CBS1995).

Social AspectsSocial AspectsSocial AspectsSocial AspectsSocial Aspects

In 1992, the population of Indonesia was179 322 million. This figure increased to 200 000million in 1998. The growth rate during that periodwas 1.7% annually. Population density in 1992 was93 per square kilometer and this increased to 102persons per square kilometer in 1995. However, thepopulation is not equally distributed. About 58% ofthe population live on Java which constitutes only7% of the territory. With a population of 114 987million, the density in Java is 870 persons persquare kilometer. In Irian Jaya, which is 22% of thearea, the population density is only 5 persons persquare kilometer (CBS 1995).

CBS indicated that life expectancy was 61.5years with a mortality rate of 68 per 1 000. Thosewith access to potable water was 42%, health treat-ment 43% and sanitation 44%. The literacy rate was61%. Sixteen percent of those over 5 years of agenever attended school (CBS 1995). Livelihoods werebased on farming and fishing (54%), services (38%),and industry (8%). Income per capita is US$ 560

with a Gini Index of 0.31. There were 1 889 542marine fishers in Indonesia in 1995. The northcoast of Java has the highest number of fishers andEast Java has more than other provinces (CBS1995).

PPPPPAAAAATTTTTTERNSTERNSTERNSTERNSTERNS OFOFOFOFOF R R R R RESOURCEESOURCEESOURCEESOURCEESOURCE M M M M MANAGEMENTANAGEMENTANAGEMENTANAGEMENTANAGEMENT

FFFFFishery Rishery Rishery Rishery Rishery Resouresouresouresouresource Managementce Managementce Managementce Managementce Management

Traditionally, fishing has been carried out bycoastal communities equipped using small boats.The use of larger vessels (20-30GT) was adoptedrecently and has increased fish production in thepast few years. It has also extended fishing areasacross national waters. Extension is also stimulatedby the practice of fishers to fish on a seasonal basis.With increased mobility in larger vessels, the poten-tial for conflict between local communities andfishers from different areas increases. Starting in1992, DGoF produced a fisheries management planbased on seven management zones. These zonesinclude:

! Malaka Straits;! Natuna Sea and South China Sea;! Java Sea;! Flores and Malaka Straits;! Maluku Sea, Halmahera Sea, and Tomini

Bay waters, Banda Sea and Arafura Sea;! Sulawesi Sea and Pacific Ocean; and! Indian Ocean.

The fisheries resources management planapplied by the DGoF is called Pengelolaan Bersama(Collective Management System). Implementation iscarried out by the Forum of Coordination forFisheries Resources Use, also known as ForumKoordinasi Pengelolaan Pemanfaatan Sumberdaya Ikan(FKPPS). The forum consists of representatives fromnational and local governments, the private sectorand local fishers. The main activity of the forum isto organize fisheries use for the mutual benefit of allstakeholders and monitor the implementation ofaction plans established by the FKPPS. The plansare based on regular meetings conducted by FKPPS.FKPPS involves institutions such as the DGoF, localfishery agencies, scientific commissions, companies,and communities. Problems faced by an area orsector may be put forward during a FKPPS meeting

66

and collectively, members try to find the best solution.Technical meetings address some of the followingissues:

! Estimates of fishery resources, fish types, andtheir distribution;

! Allocation of fishery resources and quotas;! Preparation of resource allocation plans;! Monitoring andon and migrating fishers;! Agreements on fish aggregating devices;! Agreements on conservation areas;! Protecting fisheries resources;! Resource access; and! Management constraints.

Estimates of FEstimates of FEstimates of FEstimates of FEstimates of Fishery Rishery Rishery Rishery Rishery Resouresouresouresouresources, Fces, Fces, Fces, Fces, Fish Tish Tish Tish Tish Typesypesypesypesypesand Their Distributionand Their Distributionand Their Distributionand Their Distributionand Their Distribution

Estimates of fishery resources, including fishtypes and distribution, are provided by the Commis-sion of Research and Fishery Resources Development(CRFRD) in order to assist fisheries management.Information provided by CRFRD is used by FKPPSand other organizations established by CRFRD todetermine and assess fisheries resources.

Allocation of FAllocation of FAllocation of FAllocation of FAllocation of Fisheries Risheries Risheries Risheries Risheries Resouresouresouresouresourcescescescescesand Quotasand Quotasand Quotasand Quotasand Quotas

Allocation of fisheries resources is determined byFKPPS through a meeting that involves all membersincluding local fishery agencies and fishing compa-nies. Agreements usually provide data and informa-tion on the potential resources, catch, total produc-tion, and further development plans. This informa-tion helps determine the allocation of resources.

PPPPPrrrrreparation of Reparation of Reparation of Reparation of Reparation of Resouresouresouresouresource Allocation Plansce Allocation Plansce Allocation Plansce Allocation Plansce Allocation Plans

Distribution of fishers and catching activities arenot equal, resulting in an imbalance between thecapacity of certain areas and actual fish production.Some locations are intensively exploited while othersare not. In order to maintain a balance harvest, thegovernment encourages fishing companies and localfishers to fish in under-exploited waters. To encour-age partnerships, Decree No. 509, 1995 from theMinister of Agriculture concerning Core CommunityBusiness Development (Perusahaan Inti Rakyat) was

issued to develop partnership in fisheries manage-ment between big businesses and small-scale fishers.

Monitoring Monitoring Monitoring Monitoring Monitoring AndonAndonAndonAndonAndon and Migrating and Migrating and Migrating and Migrating and MigratingFFFFFishersishersishersishersishers

The development of marine fishing activities hascreated two types of fishers: migrating and andon orpermanent fishers. Migrating fishers are those whouse relatively large vessels and fish in other provincesthen return to their ports of origin. Andon use smallervessels (5-10GT) and work from temporary bases.

Agreements between migrating and andonfishers are usually approved by the CollectiveManagement Board and an FKPPS meeting. Inorder to formulate an agreement, the following stepsare usually undertaken:

! The migrating fishers must bring a letter ofrecommendation from the local fisheryagency (LFA) nearest their home port to theLFA nearest their intended catching area;and

! Andon fishers must bring a letter of recom-mendation from the LFA nearest their homeport.

Andon fishers then report to the LFA official orlocal government official in the area they intend tofish and the local government official issues a letterof recommendation. The system provides formaximum production as well as equity. Unfortu-nately, it is not effectively implemented becauselocal fishers tend to ignore these administrativesystems.

AgrAgrAgrAgrAgreements on Feements on Feements on Feements on Feements on Fish Aggrish Aggrish Aggrish Aggrish Aggregating Devicesegating Devicesegating Devicesegating Devicesegating Devices(((((rumponrumponrumponrumponrumpon)))))

The use of fish aggregating devices (FAD)(rumpon1) among fishers has increased in the pastfew years, a trend that may cause environmentaldamage and conflict in the years ahead. In order tocontrol the rumpon, the Ministry of Agriculturalissued Decree No. 51, 1997 on its installation anduse. The decree regulates the licensing system ofrumpon installation and use by fishing companiesand fishers. This regulation is not well imple-

1 A rumpon is a fish aggregating device made up of a line with coconut leaves tied at the end.

67

mented. Findings indicate that local fishers stillpractice illegal fishing by using rumpon in the watersnear their village. This threatens local communityinterests.

AgrAgrAgrAgrAgreements on Conservation Areements on Conservation Areements on Conservation Areements on Conservation Areements on Conservation Areaseaseaseaseas

Certain commercial fishing regulations aredesigned for areas with limited resources and areaswhere use of fishery resources is prohibited in orderto protect them. Unfortunately, in the absence ofeffective law enforcement, illegal fishing of endan-gered species continues.

PPPPPrrrrrotecting Fotecting Fotecting Fotecting Fotecting Fisheries Risheries Risheries Risheries Risheries Resouresouresouresouresourcescescescesces

Policies on fishery resource use is intended tolead to effective law enforcement. DGoF and theNavy have established joint programs. The Depart-ment of Agriculture (DA) assigns Coast Guards, butthe control system is ineffective. The use of destruc-tive fishing methods such as dynamites, poison, andprohibited nets has increased. Illegal fishing byforeign fishers is also a serious threat.

Legal issues are addressed in FKPPS technicalmeetings, particularly in relation to the followinglaws and decrees:

! Law No. 9/1985 on Fisheries;! Law No. 5/1990 on Conservation and

Ecosystem of Natural Resources;! Government Regulation No. 15/1984:

a) Management on Fisheries Resources inIndonesia’s EEZ,

b) Cooperation with foreign companiesand issuance of licenses for resourceuse,

c) Ministry of Agriculture established TAC,fishing allocation, numbers of fishingvessels and fishing gear, and

d) Fishing Fees;

! Government Regulation No. 15/1990 onFisheries Licensing: Central and LocalGovernment;

! Ministry of Agriculture Decree No. 01/1975;! Ministry of Agriculture Decree No. 607/

1976 concerning fish zoning;

! Ministry of Agriculture Decree No. 509/1995 concerning Core Community BusinessDevelopment;

! Ministry of Agriculture Decree No. 51/1997concerning payous use and installations; and

! Ministry of Agriculture Decree No. 8056/1995 concerning the use of fish transportvessels.

RRRRResouresouresouresouresource Accessce Accessce Accessce Accessce Access

In order to protect the interests of fishers,especially small-scale fishers, the government hasestablished the following policies:

! Ministry of Agriculture Decree No. 607/1976 on fishing grounds. This regulation isintended to protect the fishing grounds ofsmall-scale fishers. Large-scale fishers areprohibited from entering the fishinggrounds of small-scale fishers, while small-scale fishers are allowed to enter those oflarge-scale fishers;

! Ministry of Agriculture Decree No. 509/1975 on partnership fisheries management.These regulations deal with managementprinciples that promote small-scale fishers’interests;

! Ministry of Agriculture Decree No. 51/1997on FAD installation and use;

! Simplifying the licensing so that the fisherscan operate directly in the area benefitingthem

! Establishment of fishers organizations(HNSI and Fishery Cooperatives); and

! Training conducted by DGoF and LocalFishery Agencies to enhance fishers’ skills.

Management ConstraintsManagement ConstraintsManagement ConstraintsManagement ConstraintsManagement Constraints

Differences in traditional laws (adat law) betweenareas create conflicts among fishers. An applicationof adat law can give advantages to the fishers of onearea but to the disadvantage of another. To expandthe number of small-scale fishers and improve theirincome, the government has established trainingprograms, technology packages, pilot projects,loans, and developed partnership activities using aPIR (Perusahaan Inti Rakyat) pattern and others.

68

CCCCCASEASEASEASEASE S S S S STUDIESTUDIESTUDIESTUDIESTUDIES

Sulamu Village, Kupang BaySulamu Village, Kupang BaySulamu Village, Kupang BaySulamu Village, Kupang BaySulamu Village, Kupang Bay

Kupang Bay is in Nusa Tenggara Timur waters.Nusa Tenggara Timur is divided into two regions.The first includes Kupang Bay and Semau Island.The second comprises Rote Island. According toMinistry of Agriculture Decree No. 18/KPTS/II/93,Kupang Bay is designated as a Marine Park. KupangBay is also proposed by the Coral Reef and Environ-mental Management Project (COREMAP) as a pilotproject for coral reef rehabilitation. This projectincludes: Sulamu, Semau, Northwest Rote, andSouthwest Rote.

Sulamu is part of Sulamu District, KupangRegency, Nusa Tenggara Timur. The communityconsists of two migrant groups. Timors, the originalinhabitants, are gradually leaving the island. Immi-grants from Rote depend on a land-based economy,while the Bajos rely on a marine-based economy.

In 1997, Sulamu village had 3 556 inhabitants.Two-thirds work as fishers and the rest are farmers orbreeders. The level of education is low due to thecustom of employing school-age children to help inthe fishery. Health and sanitation in farmer commu-nities tends to be of higher quality than in fishingcommunities. The economic condition of the farmersand breeders is much better than the fishers.

Among the fishers themselves, lifestyles aredifferent. Fishers who own boats and fishing gearhave higher incomes than other fishers. Among theboat-owning fishers, different economic levels alsoexist. For example, motorized boat owners havehigher incomes than non-motorized boat owners.Average monthly income per capita is Rp. 92 773.00(US$10), while fishers with boats and/or gear havemonthly incomes ranging from Rp. 300 000.00(US$32) to Rp. 3 000 000.00 (US$317).

Natural ResourNatural ResourNatural ResourNatural ResourNatural Resourcescescescesces

The coral reefs in Kupang Bay are located mostly500 to 1000 meters along the northern shore of thebay. Coral reefs have been degraded by increasednutrients, sedimentation, and from explosive de-vices. The reefs are dominated by Acropora and

Montipora. There were 160 species of hard corals inKupang Bay. Hard corals cover 45 to 59% of the reefarea.

Demersal species and ornamental fishes aregenerally abundant. Shellfish harvest has declinedduring the past five years in Kupang Bay due toinappropriate fishing techniques. COREMAPreported that there were no large serranids recordedduring their 20-hour dive. Kupang Bay has potentialresources such as: napoleon wrasse, kerapu, gargaheng,kabaak, lorak, lobster, kombong, tongkol, nipi, tembang,mano, kepala batu, hidung muda and peperek. There areother marine resources such as batu laga, batu lola,sea cucumber and seaweed.

Mangroves grow well on the north and eastcoasts of Kupang Bay. The COREMAP team re-corded 17 species of mangroves in certain locationsof the bay. Mangroves in this area have decreaseddrastically due to increased use for firewood andbuilding materials. Remaining mangrove forests areusually found away from populated villages.

Social AspectsSocial AspectsSocial AspectsSocial AspectsSocial Aspects

More than 300 000 people live around KupangBay. Semau Island, which comprises six smallregions, is inhabited by 9 000 people. The 1990census in seven locations indicated that Sulamu isthe most populated region.

Portuguese monks succeeded in establishing amission here in the sixteenth century. Since then,people from many islands have come to live aroundConcordia. In the eighteenth century, the Dutchencouraged Helong groups from Timor to move toSemau Island. Large-scale migration occurred in thenineteenth century from Rote Island to Kupang Bay.In addition, large numbers of Bajo, Buton, andBugis fishers and traders migrated to Kupang Bay.The Rote, Bajo, Buton, and Bugis tribes have usedthe resources of the Bay in various ways.

A number of ethnic groups live in this area.Migrants from Rote Island are mostly Christians,while Bajo, Buton, and Bugis are Muslims. Educa-tional levels in this area are relatively low. In 1995,the Research Institute (PSL) of the University ofCendana found that 66% of the population in 12

69

villages in Kupang Bay had graduated from elemen-tary school, 8% passed secondary school while 6%passed high school. There was a 20% drop out rate.People in the local communities do not seem to beinterested in completing formal education or train-ing in fishing techniques. They believe that tradi-tional practices are satisfactory. Health facilities arereasonably good, particularly in areas near Kupang.

Management PManagement PManagement PManagement PManagement Patternsatternsatternsatternsatterns

Resource Access

The main economic resources for the Rotecommunities are coconut plants, excavation ofmountain rocks for building material, and plantingturi trees (Sesbania grandifloria) for cows. The dryseason, which lasts for eight months from April toNovember, makes it difficult to manage land re-sources. Some Rote family heads become fishers, butonly to supplement their income.

In contrast, the Bajos are highly dependent onmarine resources. The Bajos are well known asitinerant fishers and for sailing long distances fromtheir native villages. Fresh catches are usually sold atOeba Market in Kupang instead of being processed.There is no market in Sulamu. In addition, there isno fish processing capacity at the household,medium or large-scale levels. Fish drying andsmoking are done for daily consumption. This doesnot provide opportunities for a value added industry.

The bargaining power of the fishers is weakresulting in the selling price being determined bythe buyers. The fishers normally refrain from sailingduring the west monsoon and use this time to restand mend their fishing gear. During this periodthere is almost no activity related to fishing.

Compared to the fishers, farmers have moresecure access to their fields through ownershiprights. Land ownership for farmers is normally clear,while most fisher communities have no written lawon land ownership. Fishers are generally uncon-cerned about land ownership since they spend mostof their life at sea. Fishers build their own boats andmake other gear. A boat building business wasestablished to supply local and other village fishers.

A 20 meter boat costs Rp. 7 million (US$739).

According to Rahardjo et al. (1997), Sulamufishers were using 38 rowing boats on loan from thefishery services, 22 tree-trunk canoes, and 29 motor-ized boats. Almost all non-motorized boats (98%) areowned, but only half the motorized boat users owntheir boats. From the same research, 31% of fishersuse fishing nets, 41% use hooks, 28% use other gear,and 1% use fish traps (bubu). Fishing net ownersconsist of:

! 60 gill net monofilament;! 60 pukat anyo;! 20 lampara;! 20 gill nets;! 10 long lines;! 60 binca-binca;! 15 tonda-tonda; and! 15 pancing buang.

Access to Kupang Bay is open to members ofSulamu community and other nearby villages. Thereare no rules granting special authorization orlimiting community rights to use coastal and marineresources. Any member of the community has theright to use the coastal and marine resources withoutresponsibility to protect it or be concerned withother parties’ interests. There is no requirement forfishers or small-scale fishing businesses to obtain alicense. A license is required for medium and largescale fishing businesses and is given by authorizedinstitutions, i.e. Ministry of Agriculture FisheryService. Kupang Bay is under the authority of theMinistry of Forestry because Kupang Bay has beendetermined as a marine and tourism area.

Coastal resource management and law enforce-ment is not effective. Kupang Bay is threatened bythe widespread use of poison and dynamites forfishing. These destructive activities have damagedthe coral reef ecosystems. Coral mining is alsopracticed by communities around the Bay. Degrada-tion of coral reefs is compounded by poor waterquality due to the increase of household wastes fromresidential areas.

Government institutions are unable to preventdestructive practices and there is little the commu-

70

nity can do by itself. In some cases, the use ofdynamite has been reported to the police, butviolators are seldom prosecuted. Communitiespractice dynamite fishing in their area to such anextent that Kupang Bay is known as “the center ofdynamite fishing”. This has not attracted the atten-tion of law enforcement agencies and there seems tobe no effective way to solve the problem.

Bajo fishers in Sulamu normally fish far offshorenear the Maluku Islands and are not as affected bythe damage to coral reef ecosystem in Kupang Bay.The Bajo community in Sulamu recognizes areligious prohibition (dirarangan) that prevents Bajofishers sailing on Fridays, particularly from morningto 1400 in the afternoon. As good Muslims, theyexpect everyone to attend Friday prayers from 1100to 1330, but this prohibition is becoming lessstringent. Sulamu community members, both Bajosand Rotes, are less inclined to recognize religiousprinciples as ways of managing and controllingcoastal and marine natural resources. Fishers,especially the Bajos, consider the sea an open assetthat can be used by everyone. The sea is not consid-ered something that requires attention and specialtreatment to guarantee the security andsustainability of its resources.

Prevention and prohibition of destructiveactivities in coastal areas are considered the respon-sibility of the government. In the mixed communi-ties around Kupang Bay, it is difficult to call uponany common traditional values with regard tomarine resources management that bind the com-munity in some concerted action to protect thenatural resources. Some public figures of Bajo andRote origins tried to formulate an agreement tocontrol the fishing between certain hours and withspecific gear, however, the agreement did not workwell and had lapsed by the 1980s (Rahardjo et al.1997). They agreed that Rotes be allowed to use daisasoro while the Bajos were allowed to use pukat senarand bubu. The agreement did not last long becauseoutside fishers using bigger boats and better gearcame. The introduction of boats and fishing gear ona loan program through the cooperative also workedagainst the agreement. Another problem thathampered the agreement was unclear bordersallowing local communities and outside fishers toarrange fish catching with the fishers in Sulamu.

There is a negative view in the Rote communityabout the Bajos. They are considered “less clean”.There is also a perception that Bajos are outsiders.Although the Rotes are also immigrants, they regardthemselves as native people because they cameearlier and Rote Island is located near Sulamu.There is also an opinion in the non-fishing commu-nities that fishing is a less respected job. Religiousdifferences are also an issue between the groups.There is always potential for conflict, but openconflict is rare. Conflicts between Sulamu fishers andoutside fishers are few, since Sulamu fishers don’tuse the natural resources in Kupang Bay. The habitof Bajo fishers to sail far into Australian waters doesnot encourage them to defend their fishing areasaround Sulamu from outside threats.

Constraints

Punggawa are local businessmen operating in orliving around Sulamu. They usually provide capitalfor sawi (fishers) in the form of loans to purchase orhire boats and fishing gear. The punggawa alsohandle direct marketing to consumers. Punggawahave created an exploitative work system for thefishers using loans to get cheap prices. They oftendetermine the price by manipulating the qualitystandard and do not give fishers the opportunity tofully repay their liabilities.

A juragan is a manager of a group of fishers in afishing expedition. He owns a boat and fishing gearand leads the operation. Sawi are hired fishers andwork for the juragan. Sawi are usually paid a per-centage share of the catch. Some fishers use a unionsystem where there is no difference between juraganand sawi. In this way, all the fishers in a union havethe same shares. In some cases, juragan and sawiwork without a punggawa, but in most cases thejuragan and sawi work for punggawa. For most of thefishers, the patron-client system of punggawa,juragan and sawi is not profitable and createscompetition between groups of fishers. Every groupis competing to reach the target determined by thepunggawa. The competition is generally aimed athaving the punggawa distribute capital to highlyproductive groups of fishers. In some cases, thissystem induces the fishers to work hard, but it alsoencourages selfishness. The competition can alsoincrease the conflict among fishers, particularly

71

Trend of Production

DecreaseDecreaseIncreaseDecreaseDecreaseDecreaseFixDecreaseFixFixFixFixFixFixFixFixFixFixFixFixFixFix

Price Trend

12 500 to 300 000 kg50 000/kg15 000/piece12 500/kg12 500/kg10 000/piece5 000/piece250/kg7 500/piece1 000/piece1 000/piece1 000/piece1 000/piece1 500/piece1 000/6 pieces1 000/8 pieces1 000/4 pieces1 000/piece1 000/piece1 000/3 pieces1 000/piece1 000/4 pieces

Trend of Demand

IncreaseIncreaseIncreaseIncreaseIncreaseDecreaseDecreaseFixFixFixFixFixFixFixFixFixFixFixDecreaseFixFixFix

Marine Living Resources

Shark’s finBatu LagaKerapu fishBatu LolaSea CucumberNapoleon fishLobsterSeaweedsGergaheng fishKombong fishTongkol fishRed fishRed KakapNipi fishTembang fishMano fishKabaak fishDusu fishLorak fishStone Head fishYoung Nose fishPeperek fish

Pricing Determination Process

BuyerSellerSellerSellerSellerSellerSellerLocal buyerBuyerBuyerBuyerBuyerBuyerBuyerBuyerBuyerBuyerBuyerBuyerBuyerBuyerBuyer

Table 3.1 Fish Production (Rahardjo et al. 1997).

among subsistent fishers and fishers owning highercapacity motorized boats and better gear.

A papalele is a middlemen trading between apunggawa or between a punggawa and consumers,particularly household consumers. In some cases,the papalele practices price manipulation by delayingthe purchase of fresh fish for several hours after theboats land in the morning in order to get a lowerprice, particularly from small-scale fishers. Thepapalele often buy second quality fish as the pre-mium quality is purchased by big companies andrestaurants. Fishers are forced to sell cheaply sincethey do not have refrigeration equipment.

Enormous collector ships often come to KupangBay and this creates more problems for fish manage-ment. Collector ships owned by large nationalcompanies act as receiving stations. They maketransactions in the middle of the sea under collectorship prices. They can often buy fish for less than50% of the landed price because small fishers haveity for the fishers is shark fins (Rahardjo et al. 1997).(Table 3.1).

Opportunities

Sulamu fishers, the Bajos in particular, are a hardworking, seafaring people. Their skills could helpexpand fishery sector development in Indonesia.They need training, capital, and appropriate fishingtechnology in order to increase their income. Devel-opment should not only focus on the catch, but alsoon postharvest. Attention should be paid to economicand trading relationships between fishers and thosefunding the industry.

Local government and NGO support in recentyears have helped the fishers in Sulamu. The localgovernment has provided loans and training. NGOs,such as Yayasan Alfa Omega provided education andtraining. However, this aid did not create anyfundamental change in the local community struc-tures.

Ameth VAmeth VAmeth VAmeth VAmeth Village (Nusa Laut, Lease Islands)illage (Nusa Laut, Lease Islands)illage (Nusa Laut, Lease Islands)illage (Nusa Laut, Lease Islands)illage (Nusa Laut, Lease Islands)

Ameth village, in Saparua subdistrict, is one ofthe small villages in Nusa Laut Island in the LeaseIsland. The Lease Islands are part of Maluku

72

Province. This province has the largest area of waterin Indonesia (765.27 km2 or 90% of the total). TheLease Islands consist of Pombo Island, Haruku Island,Saparua Island, Maulana Island, and Nusa LautIsland. The islands are part of Central MalukuRegency and are located east of Ambon which has twosub-districts: Haruku and Saparua Islands. Thetopography of the Lease Islands is generally slopingwith some hills rising to 50 meters. The coastal area isthe center of economic life for residents. A small partof the hilly area has a rough topography with cliffs atthe edge of the shores.

From October to February, the monsoon blowsfrom the west, northwest, and north and carriesrelatively low rainfall. In this season, the water iscalm and the wind is weak, therefore the fishers havelittle difficulty with the weather. From April toAugust, the monsoon blows from the east andsoutheast with high rainfall (3 000 mm). From Mayto August, strong winds cause high waves (4 meters)and conditions are unsafe for fishing. The transitionperiod occurs around March and September whenwind direction and wave action are uncertain.

Natural ResourNatural ResourNatural ResourNatural ResourNatural Resourcescescescesces

Lease Islands has a wide area of coral reefs withhigh levels of biodiversity. The reef ecosystem is verysensitive to physical and chemical disturbances. Thecondition of the reefs in this area is considered good,but damage occurs in some locations due to the useof dynamites, tunnel nets, and boat traffic. Distur-bance from sedimentation and chemical wasteremains at tolerable levels.

In term of its mangrove resources, it has quite ahigh index (0.66). The level of mangrove diversity isaround 0.51 with genera Rhizophora and Aviceniadominating the coastal area. Mangroves have severaluses for coastal communities; however, the continued

use of mangroves for firewood threatens their exist-ence in this region.

Seagrasses grow in its shallow waters and functionas nursery and feeding areas for numerous fishspecies and other organisms such as sea cucumbers.There are two types of seagrasses in the Lease Islands:Thalassia hemprichii and Enhalus acoroides, with adensity of 100 to 400 grasses/m2. The condition ofseagrasses in this area is good and is evenly spreadalong the coast.

Social AspectsSocial AspectsSocial AspectsSocial AspectsSocial Aspects

The Lease Islands consist of three populatedislands: Haruku, Saparua, and Nusa Laut. Basicdemographic characteristics are shown in Table 3.2.

Most people living on the Lease Islands arefarmers, fishers, traders, and government officials.In 1975, 75% of Haruku residents were farmers.Secondary crop cultivation such as corn, peanuts,tubers, coconuts, coffee, and cloves are the maincommodities. Livestock breeding and raisingchickens are supplementary activities for income orfamily consumption. The coastal and marineresources are not used extensively by local communi-ties. The fishers use traditional methods and fish inreefs and mangrove areas.

Ameth Village represents the physical and socialcharacteristics of the Islands. The area covers 6 000km2 and has a population of 1 580 people. Popula-tion growth from 1991 to 1995 was 2.9% annually.Migrants have come to Ameth in the past few years,being encouraged by the prosperity of the villageand the construction of education facilities, specifi-cally a secondary and high school. The dependencyratio is 23 per 100 person of productive age. Thelargest age group is 15-19 year olds. Like othervillages in Maluku, education levels in Ameth are

Table 3.2 Demographic Characteristics.

Island Area in km2 Population Density

1. Haruku** 479 24 651 512. Saparua* 243 37 114 1793. Nusa Laut 36 6 087 174Total 758 67 852

Note: **1996 *1994

73

low. Forty percent graduated from elementary school,27% secondary school, 26% high school, and 5%university. The dropout rate is 2%.

The main livelihoods in the village are farming(43%) and fishing (36%). The average income of thetwo sectors is almost the same, about Rp. 74 000(US$8) per month. Other community members workin trade, transportation, and government services.The contribution of these activities to the communityeconomy is larger than fishing and farming. Theeconomy of Ameth is relatively poor with a per capitaincome of Rp. 14 707.

The education and health care facilities arebetter than other villages on Nusa Laut. There is aplaygroup school, two elementary schools, and asecondary and high school. There is a public healthcenter and three family planning centers. Thevillage medical staff includes one physician, fivenurses, two midwives, and three trained traditionalmedicine men. The good schools and health carefacilities attract villagers from the surrounding area.The housing and sanitation is good. One hundredand forty-seven of 231 houses are permanent (63%),63 houses semi-permanent (27%) and 21 non-permanent houses (9%). The most effective trans-portation in Ameth is by sea.

Management PManagement PManagement PManagement PManagement Patternsatternsatternsatternsatterns

Resource Access

Farming and fishing are done alternatelyaccording to the season and weather conditions.Until recently, fishing did not contribute much tothe income of the local community as compared tothe service sector. According to a COREMAPresearch (1996/1997), income from the fishery sectoraveraged about Rp. 73 500 (US$8) monthly or Rp.883 300 (US$93) annually, an amount only slightlyless than the agriculture sector. In contrast, theservice sector averages Rp. 283 500 (US$30)monthly or Rp. 3 402 000 (US$360) annually.

The early inhabitants came from Seram Island.During the Dutch colonial period, migrations wereordered as part of a policy to move inland communi-ties to coastal areas. Gradually, marine resourcesprovide a secondary source of income after clove,

sago trees, and other crops. The economic patternremained land-based, especially after cloves becamean important commodity. The shift to a sea-orientedlife was a long process starting from the fall of cloveprices in world markets. Economics forced the localcommunity to turn to the sea for their livelihoods.

About 50% of the population has graduatedfrom primary school. With low levels of formaleducation, insufficient skills and low technology,fishers are unable to harvest the full potential thattheir fishery resources offer. Each household has tworumpon, a third of the households own one or twonets and fishing rods, only 2% own one or two bubu.Boats owned by fishers are traditional non-motor-ized boats. Such traditional equipment can be usedonly when the winds are relatively light restrictinghow much fishing can be done. In addition, post-harvest facilities are also lacking.

Ameth Village and the capital city of SaparuaDistrict can only be reached by sea. In Ameth, thereis only one motorized longboat with a capacity of 40passengers and 5 tons of goods. The long boatoperates only on market days in Saparua, i.e.Wednesdays and Saturdays. This is not sufficient forexchanging goods and services with surroundingvillages. Fishers need daily access to markets to selltheir catch.

Constraints

Ameth has a traditional natural resourcesmanagement system known as sasi. To implement,the community establishes a kewang - a person orgroup of people responsible for maintenance andenforcement. So far, sasi is only applied to land-based natural resources as the community dependsvery little on the sea. Attention to coastal andmarine resources was only made in early 1990s whenthe price of clove — the island’s main commodity —dropped. Plants specifically protected by this systeminclude coconut, nutmeg, and clove, but in execu-tion is applied to other plants such as tubers,bananas, and Colocasia antiquorum. Prior to theexecution of sasi, matakan was applied. Matakan is aprohibition sign to notify villagers not to damage orto pick plants believing that anybody who deliber-ately or otherwise violates the rules will fall intodisgrace or have an accident.

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Traditionally, the village head controls sasi. Inpractice, he delegates his authority to his assistant orkewang. The tradition depends on the values passingon to the next generation. It also depends on thecharisma and authority of the leaders. Sasi may be aneffective way to control the use of certain resources,but it lacks clear management systems. In addition, itis not applicable to marine and coastal resourcesmanagement, which requires institutions and rulesrecognized by both local communities and outsiders.

There is one rule for the community of AmethVillage related to marine living resources manage-ment, particularly mangrove forests. This rule finesthose who take from or damage the mangroveforests. The usual fine is the delivery of 3 m3 (ormore) of building stones. Enforcement is not effec-tive even though the stones are used for villagedevelopment. Another system in the community ispela. This is a rule bridging the diversity in the localcommunity through adat alliance. Pela is still main-tained through a panas pela ceremony held once in 5or 20 years depending on a collective decision. Theceremony is aimed at reminding people of thealliance between the existing villages. Villages withpela are not bound by religion. Many Muslim villageshave pela with Christian villages. The adat alliance isreflected in activities such as building places ofworship and helping communities suffering fromdisaster. As with sasi, there are no formal rules ortraditions relating to marine living resources.

Like other villages in the area, Ameth bases itsmanagement on traditional rights (hak ulayat) andtraditional marine rights (hak ulayat laut). Thecommunity has the right to use the managementarea for village development. Usually, the localcommunity uses it with activities such as bameti,sosoki, fishing rods, and other gear. Areas beyond theedge of the tubir (slope) are considered high seas andmay be used by anyone. In the case of hak ulayatlimitation, there is no boundary line that prohibitsother villagers from fishing. There are no fines forviolating ulayat areas.

Although Ameth already has several adat lawsrelating to natural resources management on theland, there are few such laws for marine resources.The community has little capacity to use marineresources effectively. The boundaries of an ulayatarea are not set, so when violations occur, there are

no defined or consistent sanctions. The shift fromland to sea-oriented resource use is hampered by thecommunity’s lack of capital and knowledge of marineresources management. A related issue is the lack ofdefinitive national laws that the community can relyon. The local community cannot prevent exploitationof marine resources if someone has a permit issued bya national agency.

Furthermore, other than being unwritten, theexistence of adat law depends on how it is beingtransferred through generations and as well as onthe leadership of the adat leader enforcing the saidrule. It seems that it is ineffective to make this ruleas a pattern in natural resources management andmarine living resources. The sustainability of marineliving resources cannot be guaranteed only byunwritten formal rule but also requires rule andlegal institutions which can be used as basis fornatural resources development.

Opportunities

Although sasi is not an adat law regulatingmarine resources, it does provide an opportunity tomanage resources in keeping with local culturaltraditions. The adat head is a key figure who caninfluence people. The kewang is an institutionenforcing community rules. Pela is another form ofinter-village cooperation. The advantage of pela is itcan bridge the differences among local communitiesand conflicts of interest between groups may besolved. Pela panas ceremonies could be a model forcooperation in marine resources management. Hakulayat also helps in inter-area cooperation. Eachvillage can manage the resources in their own areaaccording to their own potential.

Another advantage is that strong emotional tiesmake it easier to agree on and enforce rules andinstitutions due to the relatively homogeneousethnicity and religion in the Ameth community, adatlaws and institutions relating to natural resourcesmanagement are a powerful tool for sustainablenatural resources use.

KKKKKampung Laut, Segara Anakanampung Laut, Segara Anakanampung Laut, Segara Anakanampung Laut, Segara Anakanampung Laut, Segara Anakan

Segara Anakan is part of Cilacap District,Central Java. It consists of estuaries and riversincluding the Citanduy, Cikonde, Cibeureum, and

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Fish Stock Density Size of Catching Area Natural Potential(ton/km2) (km2) Potential (MSY)

Large Pelagic 0.7 12 800 9 000 5 500Small Pelagic 2.5 5 200 13 000 7 800Demersal Fish 4.3 5 200 22 360 13 416Shrimp 1.6 5 200 8 320 5 000Total 9.1 - 52 680 31 716

Table 3.3 Potential Coastal and High Seas Fisheries in Cilacap, 1996 (DGoF 1996).

Ujung Alang Rivers. According to Napitupulu andRamu (1980), Segara Anakan consists of 28% forestsand plants, 15% uplands, 12% settlements andplantations, 24% farmlands, and 33% mangrovesand lagoons. Segara Anakan is surrounded by96 000 ha of wetlands and has undergone ecologicalchange, particularly due to the increase in farmingand settlement. Segara Anakan is known as a uniqueestuary with a rich biological diversity and providesan important habitat for local and migratory birds.The lagoon is threatened by increase sedimentationevery year from escalating destructive land-basedactivities. In 1903, the lagoon was about 6 450 ha. Ithas decreased to 1 800 ha by 1992. This reductionchanged the pattern of marine use as well as thesocial and economic activities of local fishers. Thenational and local governments have struggled toprotect and rehabilitate Segara Anakan in order tomaintain its function with respect to both ecologicaland economic interests by establishing a SegaraAnakan Rehabilitation Mega-Project.

Natural ResourNatural ResourNatural ResourNatural ResourNatural Resourcescescescesces

The mangrove forests in Segara Anakan is thelargest in Java. It has decreased significantly duringthe past few years from 15 551 ha in 1974 to 8 957ha in 1994. About 25% or 2 457 ha of mangrovesare damaged. The decrease is caused by the use ofmangroves for firewood and building materials, bothby local and neighboring communities. In addition,massive extension of shrimp ponds has acceleratedthe damage. According to Pudjorianto (1982), about23 species from 14 families of mangroves grow inthis area, dominated by Rhizophora apiculata,Rhizophora mucronata, and Bruguiera gymnorhiza.

In terms of fisheries, there are about 45 speciesof fish in the area with 17 of them migratory. Themigratory species include freshwater and marinefish species entering the lagoon to feed. The pres-

ence of migratory fish in this area is due to the manysmall rivers and canals connecting the lagoon to theIndian Ocean. A number of fish that consumeplankton and micro-carnivorous, such asCrossorhombus azureus, Mugil cephalus, and Mugilbuchanan are found around the lagoon includingsome detritivorous species such as Rataboura bicolorand Cynoglossus lingua. The exploitation rate of fish isabout 36%. Fishing in the Indian Ocean, particularlyin Cilacap waters, is usually done in 3-100 m depthsabout 25 km from shore. The average stock density inthese waters is 9.1 ton per km2 within an area ofapproximately 12 800 km2 . The potential stocks inthis area are estimated at 52 680 tons and the poten-tial maximum sustainable yield is 31 716 tons.According to DGoF, the production of fish andshrimp has increased by 36% from 13 765 tons in1995 to 18 719 tons in 1996 (Table 3.3).

Social AspectsSocial AspectsSocial AspectsSocial AspectsSocial Aspects

Segara Anakan is surrounded by 14 villages.Three of these villages are located by the (marinevillage) lagoon: Ujung Gagak, Ujung Alang, andPanikel. These three villages are known as KampungLaut. Most fishers in Segara Anakan live in KampungLaut. In 1995, the population of Segara Anakan was38 452 in an area of 265 km2. The growth rate isrelatively low (0.51%). The population of KampungLaut is a small part of the population with the lowestpopulation density (Table 3.4).

Most villagers in Kampung Laut work as farmersand fishers and the rest are employed in the privatesector or civil service (Statistik Kabupaten Cilacap1995).

The level of education in Kampung Laut is low.The highest level attained by more than 75% ofpopulation is elementary education. This serioussocial constraint hampers development in the area.

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Table 3.4 Population and Density Rate in Kampung Laut (Statistik Kabupaten Cilacap 1995).

Village Area (km 2) Total Population Population Density/km2

Ujung Gagak 21.32 2 909 136Ujung Alang 95.17 4 343 46Panikel 29.65 9 931 122Total 146.14 7 183

Due to a lack of potable water, the state of health isalso very low.

The economy is dominated by agriculture. Rice isthe main commodity in most villages in SegaraAnakan with about 5 254 ha under cultivation. Othercrops include coconuts, coffee, and cloves. Small-scalecattle breeding is another activity supporting the localeconomy. Small-scale household industries accountfor about 2% of the economic activity.

Management PManagement PManagement PManagement PManagement Patternsatternsatternsatternsatterns

Resource Access

Segara Anakan is considered a unique ecosys-tem. It is a large lagoon surrounded by mangroveforests. In Segara Anakan, natural resource use iscarried out by traditional practices using low levelsof technology. The local community and othersurrounding villagers use mangroves for firewoodand building materials. This has caused seriousdegradation of mangrove forests. Findings indicatethat the condition has declined to the state whereonly 32% is in very good condition while the rest arein various stages of degradation.

Fish and shrimp pond development has rapidlyincreased in the past years. Many migrants havecome to look for business opportunities in thefisheries sectors. Investors have developed massiveshrimp farms. These investors come to SegaraAnakan and take control of ponds owned by the localcommunity. New fishponds have been established inmangrove forest areas. As a result, there are seriousdamage to the environment across most of SegaraAnakan. Another serious problem faced by the localcommunity is sedimentation from three large rivers.This lagoon has progressively decreased in size from6 450 ha in 1903, 3 270 ha in 1984, 2 700 ha in1986, and 1 800 ha in 1992. The lagoon has de-

creased by at least 70%. Sedimentation has caused theemergence of new land in the lagoon. This causes anecologically vulnerable environment and brings aboutcultural and economic changes. Many fishers haveshifted to land-based activities, mainly agriculture.There are a number of fishers from this area fishingin the Indian Ocean.

Constraints

The exploitation of fish and other marineresources in Segara Anakan is traditionally carriedout by capture and mariculture. Capture fishersusually fish in the Indian Ocean and the SegaraAnakan lagoon. Mariculture fishers depend mainlyon resources within the lagoon. A few fishers areequipped with small-scale motorized boats. Most donot own boats. They use small fish traps made frombamboo and homemade nets. Mariculture fishershave created their own fishponds with limitedresources and technology. Small-scale fishpondsowned by local fishers are located mostly in areaswithin mangrove forests. The legal status of thelands used for fishponds is unclear because mostlands are claimed by the state and managed bysectoral agencies such as the Department of Forestry(DoF).

New land that emerges due to sedimentation isalso claimed by the national government. Disagree-ments among national agencies, local governmentsand communities over these lands lead to unclearmanagement authority. Outside investors have takenadvantage of this and built massive fishponds withsupport from village heads (lurah) and governmentinstitutions at the kecamatan and kabupaten (district)levels. Thus, illegal trading of new land has createdunclear property rights and complicated jurisdictionissues. This situation puts the local fishers at adisadvantage as the presence of outsiders also leadto stiff competition in the use of resources, notwith-

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standing the practice of these investors to hireoutsiders to work in their ponds.

Illegal exploitation of mangroves and theextension of ownership claims to new lands haveoccurred for years with no effective resolution. Theemergence of new lands due to sedimentation isforcing local people to move from marine-based toland-based activities. This has placed fishers in adifficult situation since this kind of change alsobrings along a change in fishers’ culture. Those whostick with their existing jobs as fishers must alsostruggle to compete with others who possess moreadvanced tools and technologies. Unfortunately,local governments and agencies are unable to resolvethe problems. The conflicts of interest betweengovernment agencies and the unclear authority oflocal governments over the lagoon and its naturalresources have worsened in past years.

Segara Anakan fishers have no traditionalpractices in managing fisheries and other marineresources. It seems that everyone has an equal rightof access to all kinds of marine resources. One ofthe traditional methods used by local fishers isfloating nets. Every fisher freely locates their net inthe lagoon along with a personalized marker. Localpeople will not violate the unwritten rules concern-ing the property of others. They believe that marineresources belong to ‘the Queen of the IndianOcean’, a traditional and powerful metaphysicalfigure. In order to have protection from ‘theQueen’, fishers carry out a ceremony on the beachwhenever they plan to go fishing. However, thisbelief system has lapsed due to cultural change.Intensive exploitation of marine resources byoutsiders has brought about tough competition thatis forcing local people to ignore their traditionalvalues.

Opportunities

Until the beginning of the 20th century, SegaraAnakan was in good condition both ecologically andeconomically. The population was small and fullyable to maintain the sustainable use of naturalresources. Currently, intensive exploitation ofnatural resources and sedimentation is preventinglocal fishers from improving their livelihoods. Inorder to protect Segara Anakan while improving its

economy, the government has established an inte-grated action plan. The action plan proposes torehabilitate and maintain Segara Anakan’s estuary.This plan provides a framework that promotesdevelopment predicated on community-based lagoonmanagement. The plan addresses rehabilitation,management, and protection of the environment aswell as community development. However, rapidpopulation growth and competition between the localcommunity and migrants are still major problemsthat hamper development.

Many efforts have been made to develop thelocal economy, but they are unable to resolve themain problems, which include sedimentation andthe control of outsiders over natural resources.Human resources development and infrastructureare largely ignored and this prevents local fishersfrom improving their own socioeconomic condi-tions. The empowerment of local fishers needs tofocus on developing their capacity to manage theirresources wisely.

LLLLLEGALEGALEGALEGALEGAL ANDANDANDANDAND I I I I INSTITUTIONALNSTITUTIONALNSTITUTIONALNSTITUTIONALNSTITUTIONAL A A A A ARRANGERRANGERRANGERRANGERRANGE-----MENTSMENTSMENTSMENTSMENTS

Legal AspectsLegal AspectsLegal AspectsLegal AspectsLegal Aspects

The WThe WThe WThe WThe Written Lritten Lritten Lritten Lritten Lawsawsawsawsaws

Indonesian sovereignty over its internal waters,archipelagic waters, and territorial seas is based onUNCLOS, which was ratified by the Government ofIndonesia through the establishment of Act No. 17,1985. Under international law, Indonesia hassovereign rights to carry out exploration, exploita-tion and development of its EEZ. This is manifestedthrough a number of regulations and governmentpolicies including:

! The Constitution of Indonesia, 1945;! Guidelines of State Policy (GBHN), 1998;! Act No. 1, 1973 on the Continental Shelf;! Act No. 5, 1983 on Indonesia’s EEZ;! Act No. 9, 1985 on Fisheries;! Act No. 17, 1985 on Ratification of the 1982

UNCLOS;! Act No. 5, 1990 on Conservation of Natural

Resources and Ecosystems;! Act No. 21, 1992 on Navigation;

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! Act No. 24, 1992 on Spatial Planning;! Act No. 6, 1996 on Indonesian Waters; and! Act No. 23, 1997 on Environmental Manage-

ment.

Other related laws and regulations include:

! Act No. 5, 1960 on Basic Agrarian Law;! Act No. 5, 1967 on Forestry;! Act No. 11, 1967 on Mining; and! Act No. 5, 1974 on Basic Provisions of

Regional Government.

These laws and state policies provide the legalbasis for coastal and marine resources managementand mandate a number of government institutionsto manage these resources.

Most laws and policies are concerned witheconomic matters. A number of laws and regulationson fisheries, forestry, mining, marine transportation,tourism, spatial planning, and environmentalmanagement include articles with provisions forcoastal and marine resources and environmentalprotection. However, these regulations do notpromote natural resources effectively or provideenvironmental protection.

Another major issue of coastal and marineresources management is the allocation of resources,especially related to national, regional and localinterests. The 1945 Constitution of Indonesia putsland, water, and natural resources under the author-ity of the state to be used for the prosperity of thepeople. This provision is frequently used as a basicprinciple for policy-making, particularly withreference to natural resources management anddevelopment.

The other legal instrument used to establishgovernment policy is the Guidelines of State Policy(GBHN: Garis-Garis Besar Haluan Negara). TheGuidelines are established every five years by theHouse of Peoples’ Representatives (MPR: MajelisPermusyawaratan Rakyat) and emphasize naturalresources management for improving the prosperityof the community. GBHN includes all strategicresources management, including fisheries andother coastal and marine resources. Environmentalconsiderations are an integral part of the GBHN.

The GBHN is usually translated into operationalpolicies, called Five Year Development Plans(REPELITA), which provide much more detail. Theyare used by the government to plan and implementactivities at sectoral and regional levels. Unfortu-nately, integration between national and regionalREPELITA is difficult because they are implementedby their respective government institutions. Lack ofcoordination between the two levels of governmenthas caused many projects to fail.

The management of coastal and marine re-sources involves regulations and sector agencieswith different responsibilities and interests. Act No.9, 1985 concerning fisheries provides a legal basisfor management of fish that promotes both eco-nomic and environmental interests. According tothis law, anyone have access to coastal and marineresources. In order to protect the interests of small-scale fisheries, the government tries to protectcoastal areas from large-scale fishing and practicesthat threaten coastal ecosystems.

The Act is not a sufficient basis for overallmarine and coastal management. The existingArticles cover only the harvest area, fish catchingmethods, and protection from pollution and dam-ages. There is no recourse in the Act should damageoccur in mangroves or coral reefs. Jurisdiction andauthority of fishing resources is, in practice, underthe Agriculture Department and the ForestryDepartment.

Another relevant regulation is Act No. 5, 1967concerning forests. This law deals also with coastaland marine resources within protected areas,including coral reefs. This law is not applicable inmost cases since the establishment of a protectedarea is under land-based jurisdictions. Only a smallnumber of coastal and marine protected areas havebeen established and agencies responsible formanaging forests have little interest in non-pro-tected coral reefs and mangroves. Unclear jurisdic-tion and weak institutional capacity makes forineffective implementation. In addition, forestrylaws may not prevent damage to coastal and marineenvironments from sedimentation and coastalerosion caused by inappropriate practices within theforest areas. There is no single regulation or policyavailable to deal with these issues.

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Delegation of authority from central to localgovernments (Articles 12 and 14) offers localgovernment opportunities to manage and protectforests in their areas. Article 15 focuses on protect-ing forests from damage by economic activities ornatural disasters. This Article also concerns socialparticipation in forest protection and traditional lawrelating to management and ownership rights.Based on the existing Articles, this Act may be usedas the basis for forestry management includingmangrove area conservation, coral reefs, and otherprotected areas relating to tourism. Since this Act isfor general forest management, its use may requireadditional Articles.

To identify weaknesses, it would be necessary toestablish coordinated department policy for Forestry,Interior, Post, Telecommunication, Tourism, Mining,and State Ministries. Together with the HomeAffairs Department, these ministries could helpprepare local governments to accept the authoritybeing delegated (to manage forestry resources) fromthe central government.

A regulation closely related to forestry andnatural resources conservation is Act No. 5, 1990concerning Conservation of Natural Resources andtheir Ecosystems. This Act deals with the conserva-tion of biodiversity. Even though the regulation doesnot specifically mention coastal and marine re-sources, it provides a potential legal basis.

This Act does not specify any natural resourcesconservation policy for coral reefs, mangrove forests,protected fish or other animal species, or nationalmarine park zoning. Nor does it regulate implemen-tation of conservation practices as stated in Article 4.Article 16 states that management is approved bythe government, but stakeholder responsibility is notclear.

Mining is an important issue related to manag-ing coastal and marine resources, including theexploitation of minerals, oil and natural gas. Unfor-tunately, Act No. 11, 1967 does not include coastaland marine environmental considerations. It doesinclude some articles that prevent coral reefs fromdestructive activities related to mining, but it doesnot provide comprehensive regulations for coral reefprotection. There are several regulations related tomining, such as Act No. 1, 1973. This Act gives the

government a mandate to protect the environmentfrom destructive mining activities on the seabed.Government Decree No. 17, 1974 concerns Supervi-sion of Exploration and Exploitation of offshore oiland gas and requires all exploration activities toprotect the environment.

Act No. 23, 1997 on Environmental Manage-ment provides a legal basis for integrated manage-ment and is expected to be the umbrella for thedevelopment policies on sustainable use of naturalresources. This Act deals with land-based pollution.However, the implementation is not effective and itsimpact is uncertain.

Article 9 (Act No. 23) provides cross-sectoralopportunities in management planning. Article 12provides opportunities for regional governments tomanage an area according to its characteristics. ThisAct requires environmental impact analyses formajor undertakings in the region.

Another regulation affecting coastal and marineresources is Act No. 9, 1990 on tourism. The growthof marine-based tourism has been significant in thepast few years and coastal communities in manylocations are reaping benefits. However, there areconflicts between investors and local communities.Tourism policy is within the jurisdiction of thenational government and there is little participationby provincial or district governments. The absenceof such participation in developing marine-basedtourism has spawned ignorance and created seriousenvironmental consequences.

The principles of sustainable use have beenincorporated into the Guidelines of State Policy(GBHN). GBHN 1998 requires the exploitation ofcoastal and marine resources to maintain ecologicallife support systems and protect marine environ-ments from pollution and destruction through thedevelopment of effective law enforcement andcontrol systems. It confirms that the use of naturalresources, including coastal and marine resources, isfor the benefit of the people. In order to achieve thispolicy, the government included coastal and marineissues in the Five Year Development Plan(REPELITA) for 1993-1998. In practice, the imple-mentation of this policy has been ineffective and theoverexploitation of coastal and marine resourcescontinues.

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Most regulations on coastal and marine resourcesmanagement are established by the national govern-ment and implemented by national governmentagencies at the regional level. With the exception ofsmall-scale fishing and mining, there are no regula-tions that provide a legal mandate to provincial anddistrict governments to manage coastal and marineresources.

The absence of integrated coastal and marineresources management has caused uncertainty,including unclear responsibilities and authorityamong national and regional government agencies.

The Unwritten LThe Unwritten LThe Unwritten LThe Unwritten LThe Unwritten Lawsawsawsawsaws

Adat law is a set of customs that regulate therights and duties of traditional communities towardland and water resources. The rights of the commu-nity are called hak ulayat or traditional communityrights. Traditional community rights consist of theright to explore, exploit, manage, and conservefishing resources and their environments. This isimplicitly recognized in the 1945 Constitution ofIndonesia. Article 1 Paragraph 2 of the Constitutionstipulates that sovereignty of the state shall be in thehands of the people and shall be exercised in full bythe People’s General Assembly (MPR). The MPRshall determine the general guidelines of state policy(GBHN: Garis-Garis Besar Haluan Negara; Article 3).The GBHN provides guidelines to the State in theformulation and implementation of policies, includ-ing Article 33, Paragraph 3 which stipulates thatland, water, and resources contained therein shall becontrolled by the State and shall be made for thebest use of the people.

Adat law is also recognized by Act No. 5, 1960 onBasic Agrarian Law (Agrarian Act). Article 5 statesexplicitly that the applicable law for land, water, andair-space is adat law, providing the law does notconflict with national interests or disrupt the unity ofthe nation. Therefore, implementation of traditionalcommunity rights have to be in agreement withnational interests and in accordance with the writtenlaws and regulations (Article 2, Paragraph 4, andArticle 3).

According to Soepomo 1993, various adat lawsexist in 19 regions of Indonesia:

! Aceh;! Tasnah Gayo-Alas, Batak, and Nias;! Minangkabau and Mentawai;! South Sumatra;! Melayu (Riau);! Bangka and Belitung;! Kalimantan (Dayak);! Minahasa;! Toraja;! South Sulawesi;! Ternate Islands;! Moluccas;! Irian;! Timor Islands;! Bali, Lombok, and Sumbawa;! Central Java, East Java, and Madura;! North Sulawesi;! Surakarta and Yogyakarta; and! West Java.

All adat laws within these regions are integratedinto a national concept called Bhineka Tunggal Ika(unity in diversity). The laws are considered nationalassets in the development of national unity andevery law is treated equally.

Adat law in Segara Anakan is applied in CentralJava, East Java, and Madura. The Adat law in SegaraAnakan is part of Banyamas Adat which is influencedby the Yogyakata adat laws. The law recognizes thatmarine resources in the lagoon, the Indian Ocean,and Nusa Kambangan Island are controlled by ‘theQueen of the Indian Ocean’ called Nyai Loro Kidul.According to traditional belief, anyone seeking toexploit resources should obtain permission from theQueen. Permits will be granted to fishers and otherresource users through a mediator called a pawang.The pawang functions as a regulator to ensureexploitation does not exceed the carrying capacity ofthe resource.

These traditional norms gradually lapsed whenthe Dutch introduced and applied the concept ofopen prisons on Nusa Kambangan Island in 1901.The development of open prisons stamped out themyth of the Queen’s control over natural resourceson Nusa Kambangan Island. Immigration to SegaraAnakan has also changed adat law. Fishers no longerhave to ask permission from the pawang when theywant to catch fish, develop aquaculture, cut man-groves, or use other natural resources. Assistance from

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the pawang is still sought when people encounternatural phenomena beyond their understanding,such as exceptionally strong winds, waves, andcurrents.

Adat law in Segara Anakan will disappearcompletely if it cannot protect traditional commu-nity rights. One cause for existing problems issedimentation. Sedimentation occurs annually andhas created new land and narrowed the lagoon.Consequently, the fishing grounds have diminishedand the catch has declined. Many fishers haveswitched to agriculture. The new land has alsocreated delimitation problems resulting in overlap-ping claims on new lands and overlapping jurisdic-tion among government institutions. This has led touncontrolled use of fisheries, mangroves, land, andother resources that worsen the damage to theenvironment so much so adat law in Segara Anakanis no longer working well.

Sasi is the applicable adat law concerning the useof natural living resources on Nusa Laut Island andon other islands of Maluku. Sasi is also intended toresolve conflicts of interest and to guarantee aproportional distribution of resources amongmembers of the community (Imami 1996). Accord-ing to Kissya (1995), sasi applied in Haruku Islandconsists of sasi laut (marine), sasi kali (river), sasihutan (forest), and sasi dalam negeri (village). OnNusa Laut Island, however, sasi laut is not appliedsince the activities of these island people are land-based. Spices such as cloves, cinnamon, and nutmegare some of the resources available. Three years afterthe collapse of clove prices in 1995, the peopleturned their attention to the fisheries (Rahardjo etal. 1997). Since people view natural living resourcesdifferently, they apply various sasi to achieve anumber of purposes. The various sasi have similari-ties in terms of rules, prohibitions, and sanctions.Thus, sasi, like the adat law in Segara Anakan,focuses more on resource use and exploitation thanmanagement activities.

In the Lease Islands, sasi adat is used to regulateland-based activity and was modified into sasi gereja(church) by Christian Moluccans and into sasi lelang(auction) by Muslim migrants from Bajo, Bugis, andMakasar. From a legal review and analysis stand-point, it appears that the Christian Moluccans

transformed sasi adat into sasi gereja as Christianvalues are more effective than adat norms in provid-ing the people with conflict resolution skills.

Sasi adat refers to a traditional sasi that is im-posed and controlled by a kewang, a person or agroup of individuals assigned representing tradi-tional institution. Sasi gereja means church sasi, asystem imposed and controlled by the church. Inthis system, the church has rights to control certainresources and, in turn, the community must shareharvested resources with the church. Sasi lelang is asystem based on “contract.” This is applied only inMoslem communities. In this system, the communitysells their rights to harvest resources to local tradersor outsiders. The trader employs a person or a groupof people as kewang to guard resources under hisauthority and impose his rules.

In order to impose the rules, sasi systemsmandate that anyone who violates sasi will be finedand will be subjected to public humiliation. Apunishment is usually carried out by traditionalleaders or village administrators. Punishment systemsvary from one community to another because theseare established based on agreements among leaders,certain value systems and cultural experience.

Most sasi systems deal with land-based resources,while some are related to coastal resources. The lattertype deals with a certain type of fish (resources) orsome resources in the same area and time or in thesame area at different time. The implementation ofmost sasi on coastal resources is problematic becauseof unclear boundaries between the coastline and theopen sea, and between one village to another.

The Muslim migrants who lived for years onNusa Laut, Haruku, and Saparua Islands haveadopted the traditional values of sasi adat and havetransformed sasi adat into sasi lelang. By so doing,they became accepted members of the local commu-nity. They in turn have introduced some of theirtraditional values that are more marine-based andbusiness-oriented. Since the Muslim migrants aremore interested in marine-based activities, they selltheir rights over land resources through auctions.Because they want to show they comply with the localadat law, they submit the auction process to themusyawarah desa (village community forum). After the

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auction, traders who purchased land will hire workersas kewang for a certain period as agreed.

In Kupang Bay, adat law on marine resources useis supported by both local people and migrants, i.e.Bajo, Bugis, Buton, Makasar, and Madura. The localpeople are mostly Christian Rotenese and are land-oriented, while the Muslim migrants are marineoriented. The Rotenese have little interest in thepreservation of the marine environment. The Bugis,Buton, Makasar, and Madura pass through RoteIsland waters on their way to Australian fishinggrounds. The Bajos have agreed to certain rulesbeing applied in their fishing grounds. These rulesprotect the marine environment from such activitiesas waste dumping and blast fishing. In 1980, theRotenese and Bajos agreed on the use of certaintypes of fishing gear. The agreement, which involvedfour villages, was in effect for only two years. Manyoutsiders also engaged in fishing in the Bay and didnot follow the rules.

Management activities are only implicitlyregulated by adat law. Since adat law is unwritten andthere is a high degree of variation among villages, itis subject to change over time. The conventionscreate uncertainty so that it is unlikely to be used aslegal basis for business transactions between localpeople and outsiders. However, the integration ofcustoms and principles into written laws would behighly valuable.

Institutional AspectsInstitutional AspectsInstitutional AspectsInstitutional AspectsInstitutional Aspects

Institutional Arrangements at the NationalInstitutional Arrangements at the NationalInstitutional Arrangements at the NationalInstitutional Arrangements at the NationalInstitutional Arrangements at the NationalLevelLevelLevelLevelLevel

The existing laws and regulations providegovernment institutions with legal mandates to carryout coastal and marine resources management. Anumber of government institutions have beeninvolved in managing coastal and marine resourceswith varying degrees of authority and levels ofresources. The leading government institutionsauthorized to manage coastal and marine resourcesinclude (see Box 3.1):

! Department of Agriculture;! Department of Mining and Energy;! Department of Forestry;! Department of Tourism, Arts, and Culture;

and! Department of Communication.

Fisheries

Fisheries management is under the jurisdictionof the Department of Agriculture with implementa-tion through the General Directorate of Fisheries.According to the Fisheries Law, managementincludes policy formulation, planning, organizing,implementing, and control. The DA deals with fish,shellfish, seagrasses, and other resources related tocoastal and marine-based food production. ThisDepartment is responsible for issuing licenses forany activity dealing with the exploitation of fish andother resources related to food production ininternal waters, territorial waters, and the EEZ. Inaddition, this Department is authorized to developfish production systems to support development.This would include resource allocation, stockassessment, exploitation, marketing, and protectionof fish from improper actions. The effectiveness ofthe control system is not certain, even though thesystem is equipped with sufficient technical facilitiesand human resources. Management control needsimprovement. Since fisheries management involvesvarious government institutions such as the Navyand Departments of Forestry, Communication, andMining and Energy, coordination is essential.Provincial governments are involved as they areauthorized to regulate small-scale fishing and theuse of vessels less than 30 GT. The provincialgovernments are expected to prevent improperpractices that threaten the interest of small-scalefishing and local communities.

Mangroves

Mangrove management involves the Depart-ments of Forestry, Agriculture, Tourism, and HomeAffairs. Other institutions expected to make signifi-cant contributions include the State Ministry forEnvironment and Environmental Impact Manage-ment Agency (BAPEDAL), particularly in dealingwith environmental protection issues. These institu-tions pay little attention to theprotection of man-groves since their focus is on land-based activities.The role of the Department of Forestry in managingmangroves is crucial since this Department is legallyauthorized to protect mangroves. However, the roleof the Department is effective only within

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STSTSTSTSTAAAAATE MINISTRTE MINISTRTE MINISTRTE MINISTRTE MINISTRY FOR ENVIRONMENTY FOR ENVIRONMENTY FOR ENVIRONMENTY FOR ENVIRONMENTY FOR ENVIRONMENT

The State Ministry for Environment is responsible for the management of the living environ-ment and prepares policies based on Act No. 23, 1997 concerning environmental management.Since this institution has no implementing agency, coordination with other institutions is necessaryto ensure control over the execution of policies. This institution has jurisdiction over marine andcoastal resources for their sustainability.

BAPEDAL (ENVIRONMENTBAPEDAL (ENVIRONMENTBAPEDAL (ENVIRONMENTBAPEDAL (ENVIRONMENTBAPEDAL (ENVIRONMENTAL IMPAL IMPAL IMPAL IMPAL IMPACT MANAGEMENT AGENCACT MANAGEMENT AGENCACT MANAGEMENT AGENCACT MANAGEMENT AGENCACT MANAGEMENT AGENCY)Y)Y)Y)Y)

Since this institution was established as a complement to the State Ministry for Environment,it has been responsible for the management of marine and coastal resources including environ-mental rehabilitation and pollution control. BAPEDAL has two deputies, one each for pollutionmanagement and environmental impact control. BAPEDAL has three regional offices: WestRegion in Pakanbaru, Central Region in Bali, and East Region in Ujungpandang. Each regionaloffice monitors development of central policies, pollution conditions, and environmental impactassessments.

BAPEDAL is responsible for monitoring pollution and environmental degradation caused byland-based activities. In this case, its activities are directly related to the Spatial Planning Act No.24 of 1992. Even though in the execution of the Act, the role of BAPEDAL has not been fullyarticulated, there is the potential to increase its participation in marine and coastal management.

DEPDEPDEPDEPDEPARARARARARTMENT OF FORESTRTMENT OF FORESTRTMENT OF FORESTRTMENT OF FORESTRTMENT OF FORESTRYYYYY

The Department of Forestry is responsible for general forestry management, includingexploitation and conservation. Regarding marine and coastal resources, the Department isinterested in conservation. The Department is the responsibility of the Directorate General ForestControl and Natural Resources Conservation. This institution has sufficient jurisdiction under thelaw to enforce regulations. The policies on environmental management are most effective forforest management, however, BAPEDAL has a responsibility to manage coral reefs and mangroveforests. BAPEDAL is also responsible for developing national parks and conservation areas toprevent erosion and environmental damage.

DEPDEPDEPDEPDEPARARARARARTMENT OF AGRICULTMENT OF AGRICULTMENT OF AGRICULTMENT OF AGRICULTMENT OF AGRICULTURETURETURETURETURE

The DA is directly involved in the execution of marine and coastal management but damageto fish habitats is considered beyond its jurisdiction. To prevent damage by tunnel nets, dynamitefishing and fishing using chemicals, the Department has to coordinate with the Forestry Depart-ment and State Ministry for Environment.

DEPDEPDEPDEPDEPARARARARARTMENT OF COMMUNICATMENT OF COMMUNICATMENT OF COMMUNICATMENT OF COMMUNICATMENT OF COMMUNICATIONTIONTIONTIONTION

The Department of Communication has responsibility over all forms of transportation. ActNo. 21, 1992 regulates the transportation of pollutants by sea, which gives this department someresponsibility for marine and coastal management. It is directly responsible for the sustainabilityof marine and coastal ecosystems by way of pollution prevention. It also participates in marine

Box 3.1 Major Agencies Involved in Coastal Resources Management

84

and coastal environment law enforcement. These responsibilities may be performed by cooperatingwith institutions concerned with protection and use of marine and coastal resources.

DEPDEPDEPDEPDEPARARARARARTMENT OF MINING AND ENERGTMENT OF MINING AND ENERGTMENT OF MINING AND ENERGTMENT OF MINING AND ENERGTMENT OF MINING AND ENERGYYYYY

The Department of Mining and Energy is responsible for environmental impact assessment ofmining and energy activities and the sustainable use of mining and energy resources. It is respon-sible for preventing environmental damage from mining activities, but has to cooperate withForestry and Agriculture for implementation. The Department executes only large-scale environmen-tal impact policy. Small-scale mining is still a regional government responsibility.

DEPDEPDEPDEPDEPARARARARARTMENT OF HOME AFFTMENT OF HOME AFFTMENT OF HOME AFFTMENT OF HOME AFFTMENT OF HOME AFFAIRSAIRSAIRSAIRSAIRS

The Department of Home Affairs is responsible for central and regional government environ-mental affairs. It is an implementing institution for environmental management policy with unitsin both central and regional jurisdictions. The Department is responsible for coordination be-tween central and regional governments to avoid overlap in marine and coastal management. It isalso responsible for quality of life development in local communities.

protected areas because it has no authority to dealwith resources outside these areas. The interest of theDepartment of Forestry in mangroves is also relatedto the preservation of endangered species thatdepend on mangroves. The DA plays an importantrole in the management of mangroves in all coastalzones. The exploitation of mangroves or mangroveareas for fish production or mariculture is also theresponsibility of the DA. The attention this Depart-ment pays to mangrove conservation is very impor-tant in order to maintain the habitats of fish andother organisms. The role of the Department ofTourism (DoT) is to regulate coastal areas (frequentlywithin mangrove areas) for tourism and naturalresources conservation to maintain and protect thequality of natural resources from destructive tourismactivities. The Department of Home Affairs is indi-rectly responsible for protecting mangroves. Themain focus of this department is to improve thequality of life in coastal communities. Any manage-ment system that involves institutions with differentinterests has the potential for a conflict of interest.

Coral Reefs

Coral reef protection is a priority in the years tocome. The COREMAP is one of the strategicprojects expected to promote integrated coral reef

management. This project aims to develop a compre-hensive approach to coral reef management usingprinciples of integration (economic and ecological)for the benefit of local communities. The approachrequires institutional support from governmentagencies, social institutions and the private sector.Coral reef management is dispersed among a numberof government institutions including the Depart-ments of Forestry, Agriculture, Mining and Energy,and Communication. These Departments deal mainlywith the exploitation of resources and do not neces-sarily include management. The Department ofForestry is responsible for the management of pro-tected areas and plays a role in protection, however,some coral reefs extend beyond protected areas.

The DA is mandated to protect coral reefs fromdestructive activities, however, eliminating destruc-tive fishing does not necessarily lead to effectiveprotection. The DA is unable to impose measures forprotection since they have no authority to develop astrategic coral reef management systems. TheDepartment of Mining and Energy has the samerestraint. There are no regulations that give it a legalmandate to manage reefs and protect them fromdestructive mining practices. The Department ofTourism has a potential role in managing andmaintaining the quality of coral reefs. The Depart-

85

ment is interested in maintaining the reefs fortourism, but they work only in tourism areas. TheDepartment of Communication is assigned toprevent marine environments from pollution and allnegative impacts of marine-based transportation,however, there is no specific mandate on coral reefmanagement. The Environmental Impact Manage-ment Agency (BAPEDAL) and the State Ministry ofEnvironment are also expected to take part inprotecting coral reefs, but these institutions are notready. The State Ministry of Environment is not animplementing agency while BAPEDAL is relativelynew and pays little attention to coastal and marineissues.

Institutional Arrangements at the RegionalInstitutional Arrangements at the RegionalInstitutional Arrangements at the RegionalInstitutional Arrangements at the RegionalInstitutional Arrangements at the RegionalLevelLevelLevelLevelLevel

The implementation of policies on coastal andmarine resources management is under the jurisdic-tion of the national government through its tovarious departments and institutions. Each depart-ment has established working units (kantor wilayah orKANWIL) at the provincial level. Each KANWILrepresents its own department at the national level.They are under the coordination of provincialgovernors, but are not responsible to them. At thedistrict level, each department is represented bykantor perwakilan. This unit works with KANWIL andis under the coordination of a bupati, the head of adistrict government.

Provincial governments have established imple-menting agencies called DINAS to implementprovincial government policies and carry outdevelopment programs formulated by the provincialgovernment. DINAS might work with KANWIL, butthese units have no structural link. DINAS focus onthe sectors designated by the national government.This means that within the same province, there aretwo institutions with similar responsibilities. Suchcomplex institutional arrangements result in over-lapping administrative systems that hinder policyimplementation. KANWIL and kantor perwakilanhave played a crucial role in the use of resources andmanagement processes including planning, organiz-ing, implementing, and control. Nonetheless,coastal and marine resources management is noteffectively implemented.

Institutional Arrangements at the VInstitutional Arrangements at the VInstitutional Arrangements at the VInstitutional Arrangements at the VInstitutional Arrangements at the VillageillageillageillageillageLevelLevelLevelLevelLevel

Coastal and marine resources management istraditionally controlled by local communities basedon customary laws. These laws exist mainly in EastIndonesia (Irian Jaya, Maluku, and some regions inNusa Tenggara Timur). Even though there aresimilarities in traditional values and practices, eachcommunity has its own norms and practices formanaging natural resources.

The Haruku community in the Lease Islands hassuccessfully applied sasi for ikan lompa (Trissinabaelama) in the estuary area and extends 200 m fromthe shore. The kewang prevents any form of fishinguntil the fish are ready for harvest. The communityharvests the fish by sweeping the river using largenets that enable anyone to catch all available fish injust a half day. This practice is ecologically question-able. The implementation of sasi for coastal andmarine resources management tends to be ineffec-tive because it is often unrecognized by outsiders,even those from neighboring villages. The effective-ness is further threatened by cultural changesamong younger generations who have higher levelsof education. Education and different culturalexperiences are changing their views on traditionalvalue systems. Sasi is also less effective within acommunity that is culturally heterogeneous, espe-cially in villages with large numbers of recentimmigrants.

Customary laws have been applied in otherregions such as Nusa Tenggara Timur. A number oflocal communities have traditional practices calledbuka (open). Community members are only allowedto harvest natural resources (mostly fish) during abuka period. Even though community membersbelieve that buka is useful, they are skeptical thatsuch a tradition is still relevant. Vague boundariesand cultural change are two major problems lessen-ing the impact of buka systems. Customary laws andtraditional practices for dealing with coastal andmarine resources management do not exist in mostcommunities on the west coast. For example, thecommunities in Segara Anakan, Cilacap and Javahave no tradition of managing coastal and marineresources. The integration of traditional values andpractices into national or written laws could help

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DI data and informationSA stock assessmentAC absorptive capacityRA resource allocationRU resource usePP production processesMP marketing fisheries

productsMCS monitor, control, and

surveillance

Figure 3.1 Integrated Fisheries Management Matrix (Purwaka 1997).

encourage better management systems and communityempowerment.

AAAAASSESSMENTSSESSMENTSSESSMENTSSESSMENTSSESSMENT OFOFOFOFOF M M M M MARINEARINEARINEARINEARINE R R R R RESOURCESESOURCESESOURCESESOURCESESOURCESMMMMMANAGEMENTANAGEMENTANAGEMENTANAGEMENTANAGEMENT

PPPPPatternsatternsatternsatternsatterns

Management of fisheries includes legal, institu-tional, social and cultural aspects. Policy frameworksand stakeholder roles must also be taken into consid-eration. In this chapter, the management issuesdiscussed in previous chapters will be considered aspart of an integrated management matrix. (Figure3.1). Management activities are defined as:

! Planning and organizing,! Actuating, and! Controlling.

Implementing these activities is a process ofinteraction among legal, institutional, social, andcultural aspects of marine fisheries management.Derived from this interaction, management activitiescan be viewed as linear synergic interactions orresponsive synergic interactions.

Each group of marine fisheries managementactivities can be analyzed using resource-based,community-based, and market-based approaches(Figures 3.2, 3.3 and 3.4). These approaches will

identify strengths and weaknesses in marine fisheriesmanagement. Efforts to integrate adat law principleswill be by the use of legal and institutional frame-works (Figures 3.5 and 3.6). These frameworks can beused to facilitate the development of community-based management.

The processes commonly used in fisheriesmanagement include planning, organizing, actuatingand controlling activities (POAC). These activitiesrequire data and information (DI) from a fisheriesdatabase. POAC activities themselves produce inputsto the database. Interaction between DI and eachactivity of fisheries management creates a responsivesynergic relationship (Figure 3.1).

In practice, the planning and organizingactivities cover stock assessment (SA), determinationof absorptive capacity of the marine environment(AC), carrying capacity of fishery resources andresources allocation (RA). The actuating activitiesinclude resources utilization (RU), process ofproduction (PP) and marketing of fisheries products(MP). The controlling activities include monitoring,controlling and surveillance (MCS). As a sequentialprocess, interaction among these activities creates alinear synergic relationship (Figure 3.1). In thisrespect, MCS plays an important role in preventingRU, PP and MP from inconsistency with AC, RA andexisting laws and regulations. MCS also protectsfisheries from illegal activities.

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Figure 3.2 Resource-Based Management Approach(Purwaka 1997).

Figure 3.4 Market-Based Management Approach (Purwaka1997).

Figure 3.3 Community-Based ManagementApproach (Purwaka 1997 modified from Ferrer1992).

Figure 3.5 Legal Framework (Purwaka 1997).

Integrating fisheries management, legal, institu-tional, social and cultural aspects in the three studyareas will be explored by the use of compatibilityprinciples:

! Complete compatibility exists when two ormore activities can be carried out at the sametime and place without creating a conflict;

! Partial compatibility exists when two or moreactivities can be conducted at the same place,but not at the same time;

! Complete incompatibility exists when anactivity cannot be executed with anotheractivity at the same place, even at a differenttime.

Integrated fisheries management can be illus-trated by using resource-based, community-based andmarket-based management approaches. This systemfacilitates integrated relationships among fisheryresources, human resources and cultural resources(Figure 3.2).

Community-based management facilitates aware-ness and participation (Figure 3.3). Resource andcommunity-based management exploit the fisherieson the basis of competition. To achieve a sustainablecompetitive advantage in the fisheries, resource andcommunity-based fisheries management should becombined with market-based management. Market-based fisheries management facilitates competition byindicating how and where to compete (Figure 3.4).

88

Figure 3.6 Institutional Framework (Purwaka 1997).

This management system is incorporated into theintegrated management matrix (Figure 3.1). Activitieswithin each cell of the matrix are carried out atspecific times and places in accordance with theSpatial Planning Act No. 24, 1992. Interactionsbetween activities within the matrix indicate overlap-ping jurisdictions and conflicts among stakeholders.Analysis of linear and responsive synergic interac-tions among fisheries management activities in thematrix will contribute to the development of commu-nity-based fisheries through the integration of legal(Figure 3.5) and institutional frameworks for fisheriesmanagement (Figure 3.6).

Planning and Or Planning and Or Planning and Or Planning and Or Planning and Organizingganizingganizingganizingganizing

Planning and organizing include the use of dataand information for:

! Stock assessment;! Resource allocation; and! Determining the absorptive capacity and

carrying capacity of living resources.

Data and information includes relevant factsfrom the integrated management matrix, theresource/community/market-based approaches, andthe legal and institutional frameworks. Data andinformation at the national level are not complete.This has led to problems with planning as stockassessment, absorptive capacity, and resource use arelikely to focus on fisheries. Human resources,community and market-based approaches are not

considered in the planning and organizing process.

Local communities in the study areas havelimited ability to plan as they do not have thecapacity to undertake studies in stock assessmentand absorptive capacity. If institutions at the na-tional level want to incorporate the resource-basedmanagement approach, they will need to assist thelocal communities in working on these elements.

Actuating Actuating Actuating Actuating Actuating

Actuating is implementation of fisheries plan-ning and consists of:

! Resource use;! Production processes; and! Marketing.

Planning at the national, local, and village levelsstresses resource use. Community participation andinstitutional partnership arrangements in resourceuse, production, and marketing require a resource/community/market-based management approach.Interaction is required between fisheries issues andthe law, institutions and society, and between fishersand other stakeholders. This is not currently takingplace.

At the local and village levels, resource alloca-tion and use is regulated by adat law and imple-mented for specific resources at a certain time andplace. The adat law is transformed into a set of rulessuch as sasi and applied through a scheme of zones.These rules do not include regulations for productionand marketing because for the most part they containprohibitions and sanctions.

ContrContrContrContrControllingollingollingollingolling

Controlling activities are carried out through asystem known as monitoring, control and surveil-lance (MCS):

! Monitoring focuses on changing patterns offishing intensity so that overexploitationand resource degradation can be avoided;

! Controlling focuses on administrativerelationships to distinguish between legal

89

and illegal fishing;! Surveillance focuses on changes in activity,

i.e., the movement of fishing vessels andpollution detection.

Since MCS is an integrated system, the threecomponents should be carried out simultaneously.

The implementation of MCS will involve severalinstitutions having this capability. At the nationallevel, MCS in fisheries is still insufficient. Institu-tional cooperation, coordination, and integration arenot yet well developed. Ameth Village of Nusa LautIsland has applied a traditional form of marinesurveillance to avoid illegal activity in their territory.From the view point of an MCS program, it can beregarded as an example that could be integratedinto the national system.

Integrating EffortsIntegrating EffortsIntegrating EffortsIntegrating EffortsIntegrating Efforts

Legal and institutional frameworks are capableof facilitating efforts to integrate the adat laws intothe national legal system and to develop commu-nity-based marine fisheries management. However,these integrating efforts will take time and may becostly (Pomeroy and Williams 1994).

CCCCCONCLONCLONCLONCLONCLUSIONUSIONUSIONUSIONUSION

Integrated Coastal andIntegrated Coastal andIntegrated Coastal andIntegrated Coastal andIntegrated Coastal andMarine RMarine RMarine RMarine RMarine Resouresouresouresouresources Managementces Managementces Managementces Managementces Management

Responsibility for coastal and marine resourcesmanagement in Indonesia is dispersed among variousnational government agencies. There is no singleregulation that provides for a legal basis for promot-ing an integrated management system. Conflictbetween economic interests and environmentalconsiderations has created problems in policyimplementation. Each institution tends to focus oneconomic interests with less focus on principles ofsustainable use. Even though environmental issues areconsidered, implementation of most policy tends tocenter on partial environmental protection. In orderto maintain the principles of sustainable develop-ment, Indonesia needs to establish an integratedcoastal and marine resources management system thatpromotes optimum sustainable use and environmen-tal protection.

Establishing Integrated PEstablishing Integrated PEstablishing Integrated PEstablishing Integrated PEstablishing Integrated Policyolicyolicyolicyolicy

Indonesia needs to establish national lawsintegrating coastal and marine resources manage-ment. The principles of integration would confirmthat coastal and marine resources be considered anintegral part of the environment. Coastal andmarine resources cannot be seen only from theperspective of economics. The exploitation of naturalresources that focuses solely on economic interestswill cause serious problems threatening sustainability.An integrated approach maintains resource availabil-ity for the benefit of the people and long-termeconomic development. This is crucial in light of therecent prediction that the Indonesian economy willremain dependent on natural resources for sometime. The intense competition between local andinternational interests for natural resources will placelocal interests in a poor position because they lackcapital, knowledge and technology. The competitionbetween economic and environmental interests willlead to resource depletion and future generations willnot have natural resources to support their liveli-hoods.

The principle of interdependence is based on apartnership approach. Coastal and marine resourcesmanagement policy must be designed and imple-mented to encourage active participation of allstakeholders. This approach is extremely importantin order for each stakeholder to make significantcontributions in promoting sustainable develop-ment.

DecentralizationDecentralizationDecentralizationDecentralizationDecentralization

Decentralization is required to provide provin-cial and district governments with authority overcoastal and marine resources management. Decen-tralization would ensure the interests of localcommunities are considered in the planning andimplementation of policy. The management ofcoastal and marine resources is an integral part ofregional development.

ImprImprImprImprImproving Management Systemsoving Management Systemsoving Management Systemsoving Management Systemsoving Management Systems

Improved management is crucial becauseexploitation of coastal and marine resources hascaused environmental degradation. Coastal and

90

marine resources are also threatened by negativeimpacts of land-based activities. The improvementof management systems needs to consider at leastseven management issues:

! Data and information;! Natural resources assessment;! Natural resources allocation;! Natural resources use and protection;! Production process;! Marketing; and! Monitoring, control, and surveillance.

These issues need to be based on legal andinstitutional frameworks and have to include prin-ciples of integrated development.

Empowering Local CommunitiesEmpowering Local CommunitiesEmpowering Local CommunitiesEmpowering Local CommunitiesEmpowering Local Communities

Since more than 60% of the population live incoastal areas, local communities need to take anactive role in protecting coastal and marine re-sources. Local communities have a legal right to usetheir resources and empowering them will ensurebenefits accrue to their economy. The empowermentof local communities can be achieved by promotingcommunity-based MCS based on traditional values.

RRRRREFERENCESEFERENCESEFERENCESEFERENCESEFERENCES

Central Board of Statistics (CBS). 1995. Statistical Yearbook ofIndonesia 1992. CBS, Jakarta.

DGoF. 1996. Fisheries Statistics. Directorate General ofFisheries. Indonesia.

Ferrer, E.M. 1992. Learning and Working Together: Towardsa Community-based Coastal Resource Management.Research and Extension for Development Office,College of Social Work and Community Development,University of the Philippines, Quezon City.

Imami, A.A.D. 1996. Sasi sebagai Norma Adat di Maluku.Unpublished paper.

Kissya, E. 1995. Sasi Aman Haru-ukui. Traditional Manage-ment of Sustainable Natural Resources in Haruku.Document Treasures of Local Cultures, No. 2. SEJATIFoundation, Jakarta.

Kusuma-Atmadja and T.H.Purwaka. 1996. Legal andInstitutional Aspects of Coastal Zone Management inIndonesia. Marine Policy 20(1):63-86.

Moosa, M.K, R. Dahuri, M. Hutomo, I.S. Suwelo and S.Salim. Editors. 1996. Indonesian Country Study onIntegrated Coastal and Marine Biodiversity Manage-

ment. Ministry of State for Environment Republic ofIndonesia in cooperation with Directorate for NatureManagement, Kingdom of Norway, Jakarta.

Napitupulu, M. and K.L.V. Ramu. 1980. Development of theSegara Anakan area of Central Java, p.66-82. In Proceed-ings of the Workshop on Coastal Resources Managementin the Cilacap Region, 20-24 August 1980. Gadjah MadaUniversity, Yogyakarta. Indonesian Institute of Sciencesand United Nations University, Jakarta, Indonesia.

Pudjorianto, A. 1982. The invasion of newly formed land inSegara Anakan area by mangrove species. Paper presentedat the Workshop on Coastal Resources Management inCilacap Region, 20-24 August 1980. Gadjah MadaUniversity, Yogyakarta.

Purwaka, T.H. 1995. Sistem Hukum dan Kelembagaan dalamPengelolaan Sumberdaya Wilayah Pesisir dan Lautan.Centre for Archipelago, Law, and Development Studies,Bandung.

Purwaka, T.H. 1995. Aspek Hukum Pengusahaan Perikanandi perairan Pantai. Centre for Archipelago, Law, andDevelopment Studies, Bandung.

Purwaka, T.H. 1997. Metodologi Penelitian Aspek Hukumdan Kelembagaan dalam Pengelolaan Sumber DayaWilayah Pesisir. Centre for Archipelago, Law, andDevelopment Studies, Bandung.

Purwaka, T.H. 1998. Use Conflicts in the South China Sea.Centre for Archipelago, Law, and Development Studies,Bandung.

Pomeroy, R. and M.J. Williams. 1994. Fisheries Co-manage-ment and Small-Scale Fisheries: A Policy Brief. Interna-tional Center for Living Aquatic Resources Management,Philippines.

Rahardjo, Y. et al. 1997. Laporan Hasil Survai Baseline SosialEkonomi Program Rehabilitasi dan PengelolaanTerumbu Karang (COREMAP) Propinsi Maluku,Lembaga Ilmu Pengetahuan Indonesia, Jakarta.

Soepomo. 1993. Hukum Adat Indonesia. Sinar Grafika,Jakarta.

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CommunityCommunityCommunityCommunityCommunity-----Based ApprBased ApprBased ApprBased ApprBased Approachesoachesoachesoachesoachesto Marine and Coastal Rto Marine and Coastal Rto Marine and Coastal Rto Marine and Coastal Rto Marine and Coastal ResouresouresouresouresourcescescescescesManagement in the Philippines:Management in the Philippines:Management in the Philippines:Management in the Philippines:Management in the Philippines:

A PA PA PA PA Policy Policy Policy Policy Policy PerspectiveerspectiveerspectiveerspectiveerspectiveAntonio G. M. La Viña*

Department of Environment and Natural Resources, Philippines

AAAAABSTRACTBSTRACTBSTRACTBSTRACTBSTRACT

This is a study undertaken to ascertain the elements and trends at the local andnational levels, which define the rights and rules that provide the management framework forthe implementation of different types of locally based resources management systems inmarine and coastal areas. The study showed that the existing institutional set-up is notonly complex, confusing and “sectoralized”, but more importantly, it is fragmented, thus,causing the major systemic hindrance to more effective management of the marine andcoastal resources. Hence, there is a strong and urgent need for sectoral integration andcoordination.

Four case studies, which depict community-based systems of management, werepresented to illustrate even more effective modes of administration of the coastal environ-ment than the purely legal system though each had distinct characteristics than theothers. These revealed that even in the face of inconsistency with the national legalsystem, community-based management can survive. However, conflict in the use ofcoastal and marine resources remains a characteristic in the studies. Hence, partnershipamong different sectors is imperative for sustainability. Local governments must supportcommunity initiatives, the national government must ensure that community efforts aresupported. Since local communities have the greatest interest in the conservation andsustainable use of coastal resources, they should have incentives, resources and capacityfor marine and coastal ecosystem conservation.

*Current Affiliation:Biological Resources Program, World Resources Institute, Washington D.C.

IIIIINTRODUCTIONNTRODUCTIONNTRODUCTIONNTRODUCTIONNTRODUCTION

This paper is an overview of the policy, legal andinstitutional framework for the management offisheries, coastal resources and the coastal environ-ment in the Philippines. The objective of this studyis to look into the elements and trends at the localand national levels which define the rights and rules(laws, customs, traditions etc.) that provide themanagement framework for the implementation ofdifferent types of locally based resource managementsystems in marine and coastal areas such as co-

management, community-based management andintegrated coastal zone management. In identifyingthese elements and trends, a historical perspective isprovided focusing on both the development of lawand policy as well as practices on the ground. Casestudies of community-based practices in coastalmanagement are also presented to further illustratethese elements. In both the historical analysis and thecase studies presented, the author gives particularfocus to identifying and understanding the role ofstakeholders and interest groups in the use of fisher-ies and other coastal and marine resources. The

92

reality is that conflict in the use of marine andcoastal space is frequently the context under whichthe management framework for fisheries, coastalresources and the coastal environment operates.

Competition among resource users is a signifi-cant issue in the coastal zone. Industrial and realestate developments, which require extensive landsin the most scenic or productive areas of the coastalzone, compete with other uses, particularly agricul-ture and conservation. Tourism and recreationactivities, which require high environmental ameni-ties and access to infrastructure (roads, water andwaste disposal), have adversely affected amenitiesthat should have been allocated to coastal communi-ties. There is also degradation of the landscape as aresult of infrastructure developments. The urbaniza-tion of the coast has been disastrous to small-scalemunicipal fishers because of the devastation ofwetlands and the pollution of waterways that threatenimportant cultural, historic and anthropological sitesin the coastal zone. Mariculture and aquaculturedevelopments located in nearshore waters and whichrequire high water quality have affected other usesthat diminish water quality, such as agriculture. Theyalso compete with fishing, conservation andecotourism which have similar requirements.

Emphasis on the conflict over control of re-sources, between modes of use and among stakehold-ers and interest groups is the focus of this paper.This context of conflict makes it possible to findsolutions to problems of environmental degradationand social inequity, which also characterizes the useof marine and coastal resources. The author exploressolutions, some of which are now bearing fruit fromrecent efforts in the Philippines, to ensure thesustainable development of marine and coastalresources. Efforts in the Philippines are also exam-ined in the context of global and regional coopera-tion and the role of international and regionalagreements and arrangements.

MMMMMETHODOLOGETHODOLOGETHODOLOGETHODOLOGETHODOLOGYYYYY

Data for this paper were taken from secondarysources, mainly from government statistical officesand published works of experts in the field. For thecase studies, interviews were conducted with keystakeholders in order to supplement the secondary

information. The analysis, many of the conclusions,and some of the data were products of numerousmeetings and consultations that were done while theauthor was Undersecretary for Legal and LegislativeAffairs of the Department of Environment andNatural Resources (DENR).

UUUUUSESSESSESSESSES OFOFOFOFOF C C C C COAOAOAOAOASTSTSTSTSTALALALALAL R R R R RESOURCESESOURCESESOURCESESOURCESESOURCES

The Philippines is situated in the center ofmarine biodiversity brought about by various geologi-cal and evolutionary processes. Rich and diversenatural ecosystems like coral reefs, mangrove swamps,estuaries, seagrasses, sandy beaches, embayments andsheltered coves abound. These areas contain naturalresources of socioeconomic, cultural and aestheticvalue.

The importance of marine and coastal zones tothe Philippines is readily apparent. Sixty percent ofthe country’s 73 provinces and municipalities arelocated in the coastal zone. In 1997, the CoastalEnvironment Program (CEP) reported that morethan 60% of the 60 million population resides insome 10 000 coastal barangays (smallest political unit)and major urban centers.

The uses of coastal resources may be classified asextractive and non-extractive. The former may befurther classified according to the resource beingextracted, which may be either living (e.g., fisheries,forest products) or non-living (e.g., minerals). Non-extractive uses include tourism, recreation anddesignation as protected areas. Other major activitiesin the coastal zone that impact on coastal resourcesinclude shipping and ports development, industrialand urban development, waste disposal, security andmilitary activities.

FFFFFishing and Aishing and Aishing and Aishing and Aishing and Aquaculturquaculturquaculturquaculturquacultureeeee

Fish is a vital part of the Filipino diet and thecheapest source of protein. The per capita consump-tion of fish is among the highest in Southeast Asia at36 kg per yr (FAO 1997). A significant number ofpeople living in coastal areas depend on fishing fortheir livelihoods either through subsistence fishing,employment in fish trading and processing, opera-tion of fish ports and markets and other supportindustries such as rope and net making, gear manu-

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facture, boat building and repair. About 1 millionpeople are engaged in fishing or about 5% of thelabor force. Another 300 000 are engaged in theprocessing and manufacturing of fishery products.

There has been a marked decrease in the numberof fishers in the past two decades. In 1975, there wereabout 1.26 million fishers and fish farmers, but in1994, there were only about 1 million. The decreasewas among both full-time fishers involved in marinecapture fisheries and part-time fishers. This may havebeen due to the drastic decline in the abundance offishery resources in the municipal waters of thecountry, discouraging small-scale fishers from con-tinuing their activities (Menasveta 1997).

In 1990, there were about 430 000 vessels in thefishing fleet, mostly open craft. About 3 300 wereofficially classified as commercial vessels with atonnage of 155 GT (Labon 1991). About 85% of themunicipal waters (up to 15 km from the shore) areconsidered overfished. This is supported by data thatshow a steady decline in the contribution of munici-pal fisheries to overall fish production (Figure 4.1).

Aquaculture posted a significant share in fishproduction since the 1980s. This has grown steadilydue to its increased productivity and economicviability. By 1994, aquaculture contributed 30% tothe total fish production (Figure 4.1).

Aside from fish, coastal waters provide a widevariety of edible invertebrates, such as mollusks, seacucumbers, sea urchins and jellyfish. The gathering

Figure 4.1 Fish catch by sector (BAS 1997).

of seaweeds is also common. The culture of seaweedfor extraction of carageenan is extensive in theVisayas and Mindanao. Seaweed farming is verylucrative, bringing in about PhP 1.6 billion inrevenue in 1996 (BAS 1997).

Marine products are also harvested for medicinal,commercial and industrial uses. There are severalongoing studies on bioactive compounds found insponges and tunicates for anti-cancer properties.Despite an existing ban, corals are harvested for saleas decorative items or as construction materials.There is also a growing market for aquarium fisheswhich spurs fishers to gather them in large quantities,often through destructive means.

AgriculturAgriculturAgriculturAgriculturAgriculture and Fe and Fe and Fe and Fe and Forororororestrestrestrestrestryyyyy

The islands composing the Philippines aretypically mountainous or hilly in the central area,with fertile flatlands extending to the sea. The widthof flatlands best suited for agriculture varies. Exceptfor the large islands of Luzon, Mindanao, Palawanand the larger Visayan islands, the agricultural areasdo not extend far inland. For this reason, mostagricultural lands would be considered coastal landswherein coastal agriculture mainly involves growingcereals (e.g., rice, corn). Agricultural lands are beinglost to urbanization at an increasing rate.

Mangrove forests are also threatened. Thereduction of the mangrove forests in the country islargely a result of conversion to fish ponds. It isestimated that there were approximately 500 000 ha

of mangroves in 1918. The area ofthe Philippine mangrove forest hasdecreased at an alarming rate. In1984, only about half remained. Adecade later, 60% of the originalcover had been lost. Mangrove fishpond conversion almost tripled from1952 (>88 000 ha) to 1988 (224 000ha). Figure 4.2 clearly shows the linkbetween mangrove loss and fishpond expansion (Aliño 1997).Between the years 1952 and 1987,fish pond coverage increased at anaverage rate of 3 600 ha per yr.Other factors which have contributedto the depletion are conversion to

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industrial and urban uses and exploitation for forestproducts such as timber, firewood, charcoal, tannins,tanbark, nipa sap and shingles.

MiningMiningMiningMiningMining

Mining in the coastal zone generally involvesquarrying of sand, stone and rock used in theconstruction sector. White sand and silica areextensively gathered, the former to beautify resortareas which do not have natural white sand cover.Marble mining is also significant. Quarrying contin-ues in spite of serious problems (erosion, siltation)and mine tailings from the more sophisticatedmining operations inland have considerable adverseimpacts on the coastal environment.

As of 1994, there were 8 large scale gold andsilver mines, 20 small scale gold and silver mines, 9large scale base metal mines, 3 small manganeseoperations, 3 large chromite operations, and 21small-scale chromite mines. For non-metallics, therewere 45 limestone quarries, 14 marble quarries, 36silica, 4 dolomitic, 16 rock phosphate, 6 feldsparand 36 clay mines (EMB 1996).

Mine wastes and tailings present the greatestpollution threats from the mining industry. Naturalcalamities such as typhoons and earthquakes causeimpounded materials to be washed away or carried tobodies of water, ultimately to the sea. Mine wastespeaked in 1991 at 47.44 million t. Mine tailings thatyear reached 42.7 million t. However, mine wastes

and tailings decreased an average of 14% from 1990-1994 except for 1991 (EMB 1996). This is largelydue to the closure of several large mining operationsas a combined result of economic and technicalfactors.

PPPPPrrrrrotected Arotected Arotected Arotected Arotected Areaseaseaseaseas

There is a full range of protected areas in thecoastal zone. There are at least 15 major areas underthe National Integrated Protected Areas System(NIPAS), covering an area of more than 1 million haof both land and sea (PAWB 1998). In addition,there are numerous small fish sanctuaries andreserves established by the Bureau of Fisheries andAquatic Resources (BFAR), local governments,people’s organizations and NGOs.

TTTTTourismourismourismourismourism

Tourist attractions in the Philippines have beenidentified by the Department of Tourism (DoT) andare classified as social and cultural attractions,natural attractions and scientific and artificialattractions. In most cases, these attractions arelocated in coastal areas.

Eighteen of the top 25 tourist destinations arecoastal. Natural attractions in the coastal zoneinclude white sandy beaches, submarine gardens,diving grounds and the like. Of these, about 246 or70% are beaches, 77 or 22% are islands and theremaining 30 or 8% are fishing and diving grounds,

submarine gardens and bays (EMB1996). These areas are visited fortheir scenic beauty and because ofthe recreational activities they offer.Tourist arrivals in the country hasreached almost two million peryear.

Shipping and PShipping and PShipping and PShipping and PShipping and PortsortsortsortsortsDevelopmentDevelopmentDevelopmentDevelopmentDevelopment

In 1995, the Philippines had atotal of 10 072 vessels classified asmerchant or fishing vessels. Themerchant fleet included passengerferries, cargo containers, and

Figure 4.2 Mangrove cover vs. fishpond development (BAS 1997).

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barges. These comprised 50% of the total number ofdomestic vessels. A larger percentage of the remain-ing half consists of fishing vessels (MARINA 1986).The data do not take into account the more than 400000 small open boats.

Berthing and storage facilities mainly servedomestic vessels engaged in fishing and coastalcommerce. There are 233 enterprises engaged inshipbuilding, ship repair, afloat repair, boat buildingand ship-breaking activities licensed by the MaritimeIndustry Authority of the Philippines (MARINA) asof December 1996. Of this number, 21% or 82 weresmall shipyards, 10 were medium shipyards and 14were large shipyards (MARINA 1986).

IndustryIndustryIndustryIndustryIndustry

The coastal zone has attracted industrial andcommercial establishments because of its accessibilityto raw materials and its proximity to populationcenters. There are five types of industries whichthrive in coastal areas:

! Industries that benefit from a location nearlow cost water transportation and inlandtransportation systems;

! Industries that derive power from or usewater for processing or cooling;

! Industries that are beneficially located nearcenters of population but do not have directdependence on, or need for water or wateraccess;

! Marine transportation industries; and! Industries that depend directly on the

marine environment for raw materials.

In 1983, industrial development density is aminimum of five industries per 1 000 km2. Approxi-mately the same proportion applies in the coastalareas (EMB 1996).

Urban DevelopmentUrban DevelopmentUrban DevelopmentUrban DevelopmentUrban Development

Settlement includes shelter and all other neces-sary infrastructures such as roads, water supply,energy sources, transportation, community buildingsand other facilities. To date, population density hasincreased tremendously from 64.1 in 1948 to 228.7in 1995 (NSCB 1996). Over 60% of the total popula-

tion resides in some 10 000 coastal barangays,including some larger urban centers (CEP 1997).

A number of subdivisions are situated in coastalzones. Some foreshore areas are being reclaimed tohouse residential, commercial and industrial estab-lishments in order to address the increasing de-mands of urbanization. A recent development is thepractice of building resorts, factories and buildingsright on the shore, even abutting the sea, in clearviolation of mandatory easement rules. Together withthe increase in the number of coastal communities isthe need for transportation facilities. Natural land-forms influence the major road networks of thecountry’s coastal provinces. Roads run along thecoastlines which branch out as minor arteries leadinginland.

WWWWWaste Disposalaste Disposalaste Disposalaste Disposalaste Disposal

The problem of waste disposal is especially acutein urban areas. In Metro Manila alone, the per capitawaste generated is about 0.66 kg in 1995. Consider-ing that the metropolis is home to about 10 millionpeople, the total waste generated is more than 6 000t per day. This is expected to increase to 13 300 tper day by the year 2014. The current collectionefficiency in Metro Manila is 85%. Fifteen percent or900 t of wastes is burned, thrown in canals and esterosor deposited in rivers that flow to the sea (EMB1996).

In 1992, about 76% of the population had accessto sanitary toilets. The rest of the population reliesmostly on onsite disposal or septic tanks that draindirectly into existing rivers and creeks (EMB 1996).Untreated domestic sewage is the major source ofwater pollution.

MMMMMANAGEMENTANAGEMENTANAGEMENTANAGEMENTANAGEMENT I I I I ISSUESSSUESSSUESSSUESSSUES INININININ THETHETHETHETHECCCCCOAOAOAOAOASTSTSTSTSTALALALALAL Z Z Z Z ZONEONEONEONEONE

In the Philippines and elsewhere in SoutheastAsia, the coastal zone serves as the base for humansettlement and accommodates major industrial,commercial, social and recreational activities. Highpopulation density in coastal areas is not unusualbecause of the wealth of opportunities that coastaland marine environments offer. Families depend oncoastal and offshore waters for their livelihoods.

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However, driven by purposes other than subsistenceand survival, various types of activities now flourishthere, many are unregulated. Such development isnot without its consequences. The unabated in-creases in urbanization, industrialization andpopulation have severely affected the state of coastaland marine resources. Constant and heavy exposureto numerous artificial and natural pressures havetaken their toll on the ecosystem.

These pressures have caused the rapid depletionof mangroves, destruction of coral reefs and drasticdeclines in fisheries yield. All the major bays in thecountry have now been overfished. Destructivefishing practices like dynamite fishing, muro-ami, useof cyanide and the like, have resulted in the degra-dation of marine and coastal ecosystems. Moreover,upland deforestation, industrial and domestic wastegeneration, mining and shoreline development, anduncontrolled tourism have been identified as theculprits in the continued degradation of the coastaland marine environment. More than 400 km of thecountry’s coastal areas are now heavily eroded, siltedand sedimented.

Pollution increase is a major concern. Pointsources include industrial effluents, water runofffrom urban areas and sewage discharges. Non-pointsources arise from activities such as land clearance,livestock production and agricultural activities,including the use of fertilizers and pesticides. Theeffects are the loss of seagrass beds from coastallagoons, bays and estuaries and the recurrence ofalgal blooms. In Manila Bay, total fecal coliformcounts were shown to be over the standards set bythe DENR.

Industrial wastes were also detected at alarminglevels (EMB 1996). Red tides occur with regularityespecially around the Manila Bay area. In 1992, thegreatest number of red tide occurrences (269) anddeaths (11) were reported. While the figures de-creased in 1993 and 1994, they increased again in1995. At a national level, 758 cases of red tidepoisoning were reported and 49 deaths were noted.Red tide tends to occur at the onset of the rainyseason after a warm dry period and is caused byhigh organic loading from the rivers draining intothe bay (EMB 1996).

Marine based pollution is also significant. Someof the sources include oil spills, release of sedimentsfrom mining, and organic compounds (e.g., anti-fouling paints, ballast water discharges and sewagefrom vessels). Three oil spills were reported from1973 to 1975. One of these was a result of thesinking of the LUSTEVECO barge in August 1975.From 1978 to 1980, four more oil spills were re-ported. During 1990-1995, 75 oil spill incidentswere noted. Of these, 71% were caused by accidentssuch as sinking, collision, and grounding. Theremaining 29% were due to cargo handling opera-tions such as loading, bunkering and discharging(EMB 1996).

Mining is one cause of soil erosion and sedimen-tation of coastal waters. The adverse effect of miningon the coastal environment may be from in situmining operations on the beach zone or from director indirect disposal of mine wastes or tailings intomarine waters. Sedimentation from mining activitiescovers wide areas of corals as was the case involvingthe Atlas Mining and Marcopper Mining Corpora-tion which directly dumped mine tailings into thesea. A large volume of tailings has been dischargedinto the sea particularly in Calancan Bay,Marinduque and at Iba, Toledo City in Cebu,resulting in fish kills and the destruction of fishhabitats.

Poverty in the coastal areas has likewise beenindicated as a source of ecosystem degradation.About 80% of the municipal fishing families in thecountry are estimated to live below the poverty line.These families are dependent on the coastal ecosys-tem for their livelihoods. Increased pressure andcompetition have forced small-scale fishers to resortto more destructive fishing methods. Lack ofalternative livelihoods aggravates the situation andthe cycle of resource destruction and depletioncontinues.

Based on the number of water rights permitsgranted by the National Water Resources Board, agenerally increasing trend in groundwater andsurface water use is noted. There was an increase of11.4% over a six-year period from 129 777.75million m3 in 1990 to 144 622.50 million m3 in1995. In terms of water usage by sector, only 0.3%and 0.03% are attributed to fisheries and recre-

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ational purposes, with power generation as thebiggest user of water followed by the agricultural,domestic and industrial sectors (EMB 1996).

Philippine marine, coastal resources and envi-ronment are at risk. Foreshore areas are beingreclaimed for residential, commercial and recre-ational uses. Ports and other similar structures arebuilt near these areas to support the transportationsystem and to promote trade. Continued use at thecurrent rate and scale may create irreversibleimpacts.

OOOOOVERVIEWVERVIEWVERVIEWVERVIEWVERVIEW OFOFOFOFOF THETHETHETHETHE L L L L LEGALEGALEGALEGALEGAL ANDANDANDANDAND P P P P POLICYOLICYOLICYOLICYOLICYFFFFFRAMEWORKRAMEWORKRAMEWORKRAMEWORKRAMEWORK

In this section, the existing legal and policyframework formulated and enforced by the govern-ment and changes over time are discussed. Thissection does not include the rules developed andpracticed by some local communities which are notpart of the formal legal system. Local norms areconsidered in the next section which deals withcommunity-based management.

The Philippine government has always relied onregulatory mechanisms to manage the marine andcoastal zones, particularly to control activities,allocate resources among users and potential usersand resolve conflicts. These regulatory mechanismscan be classified into two broad categories: thoseused to regulate access to and use of public resourcessuch as fisheries, mineral deposits, forestry, floraand fauna and public lands; and those used forenvironmental protection such as the EnvironmentalImpact Statement (EIS) System, NIPAS and pollu-tion control.

Historical PHistorical PHistorical PHistorical PHistorical Perspectiveerspectiveerspectiveerspectiveerspective

In earlier times, the barangays (villages) hadjurisdiction over coastal resources (Kalagayan 1990).The barangays defined their own fishery limits thatwere exclusive of other barangays. The traditionalrights of barangays over their fishing grounds wereeroded during the Spanish period when all fisheriesand natural resources were held for the Crown(known as the jura regalia or Regalian Doctrine).

Rights to exploit and manage the resources weretransferred from the community to the centralgovernment.

This system of state ownership was introducedto the Philippines as an extension of the Spanishlegal system and continued in force throughout theperiod of Castilian domination (Noblejas andNoblejas 1992). The Regalian Doctrine has beenadopted as the norm. The 1987 Constitution of theRepublic of the Philippines claims full control andsupervision over all aspects of use and protection ofmarine and coastal resources.

In practice, some aspects of control over theresources have been devolved to local governments.During the American period, municipalities weregiven the authority to grant fishery privileges withintheir jurisdictions (Kalagayan 1990). Still, policyformulation and general management remained withthe central government. Since then, policy formula-tion and regulation has remained centralized, top-down and non-participatory (Sajise 1995). Controlover the resources is a central issue because the lawsgoverning activities in the coastal zone invariablyinvolve maximizing exploitation of the resources.Those who have control get the most benefit.

Over the years, the laws and policies not onlyevolved as a centralized system, but also a sectionalone. Specific laws were passed to address particularissues and the use of coastal resources and activitiesis governed by separate, often conflicting laws. Forinstance, aquaculture was regulated under thefishery laws, but mangroves were considered forestsand governed by forestry laws that were adminis-tered by a different agency.

There have been attempts to solve these prob-lems through a holistic approach by recognizing theinterconnection of the various component ecosys-tems. Major laws were enacted in the 1990s thatmoved towards integrated management, decentrali-zation of control and recognition of the rights oflocal communities to directly manage the resourcesor actively participate in the decision-makingprocesses.

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In 1991, Congress passed the Republic Act (RA)7160, also known as the Local Government Code of1991 (LGC). The law gave back to local governmentunits (LGUs) the primary control over marine andcoastal resources. In the meantime, community-based efforts to revive and protect the resources wereinitiated both by government and non-governmentorganization (NGO) sectors. The devolution ofcertain management and allocation decisions to thecommunity may be more effective than the manage-ment efforts provided by distant, understaffed andunderfunded agencies (Carlos and Pomeroy 1995).In 1998, Congress passed two significant laws: thenew Fisheries Code (RA 8550) and the Agricultureand Fisheries Modernization Act or AFMA (RA 8435)which incorporate measures to curb overexploitationand manage resources sustainably.

FFFFFisheries and Coastal Risheries and Coastal Risheries and Coastal Risheries and Coastal Risheries and Coastal ResouresouresouresouresourcescescescescesManagementManagementManagementManagementManagement

The evolution of the present regulations govern-ing fisheries can be traced as far back as the SpanishLaw on Waters in 1866, which recognized the right ofthe public to fish from the shore and granted rightsto Spanish registered seafarers and merchant sailorsto fish from boats in maritime coastal zones. TheSpanish Law on Waters was extended to the Philip-pines by a Royal Decree in 1866 (Peña 1997). Thedecree declared that the shores, coasts and coastalseas were part of the national domain, though opento public use. As early as 1598, Antonio de Morgademanded that a regulation size net be prescribed foruse and complained that fishing with too closely-knitnets was killing small fry (de Morga 1971). Fisheriesregulation remained relatively unchanged during theSpanish period.

During the American occupation starting in1932, a comprehensive fisheries law (Act No. 4003)was enacted by the Philippine Assembly. TheFisheries Law of 1932 contained provisions for theprotection and conservation of resources such as thedeclaration of open and closed seasons, protectionof fry or fish eggs, prohibition on the use of noxiousor poisonous substances and explosives in fishingand prevention of water pollution. The law alsocontained special provisions for gathering mollusks,sponges and hawksbill turtles. The main regulatory

or management strategy implemented was theselective granting of licenses or permits to qualifiedpersons. The license was coupled with limits onaccess to the resource such as setting minimum sizesfor fish, shellfish or turtles that could be caught orrestricting certain fishing practices to certain placesor times of year.

Goodman (1983) noted that the Fisheries Law of1932 was meant to curb the domination of Japanesecapital in the fishing industry. The Japanese hadmoved successfully into the Philippine fishingindustry before 1930. Four hundred Japanese fisherswere operating 64 powerful fishing boats in ManilaBay and 36 deep sea vessels in the Gulf of Davao.They had brought into the Philippines such innova-tions as swift powered fishing vessels, the beamtrawl, the trap net, as well as scientific survey shipsthat pinpointed from year to year the richest fishinggrounds.

The 1932 Fisheries Law provided that commer-cial fishing vessels of more than 3 t must be licensedonly to Filipinos or Americans, and aliens couldparticipate only by investing in corporations 61%owned by Filipinos or Americans. The law was noteffective in controlling Japanese domination becausethe Japanese merely used Filipino dummies whoowned the boats in name only. The impetus for thepassage of the law was for some people to profit byserving as fronts (Goodman 1983).

In the ensuing years, Japanese interests inPhilippine fisheries were further reinforced by thesigning of a secret treaty between Philippine Presi-dent Manuel Roxas and General Douglas MacArthurrepresenting the Japanese Board of Trade. By virtueof this treaty, the Philippine-Japan Treaty of Amity,Commerce and Navigation was drawn up in 1960.However, it was only in 1973 that the Philippinesratified the treaty because of local opposition. Underthis treaty, the Philippines supplied Japan with tuna,shrimp and other marine commodities, while Japanexported canned mackerel and sardines to thePhilippines.

In 19471, Congress created the Bureau ofFisheries (BoF) under the Department of Agriculture(DA) and Commerce (DAC) to promote further

1 Originally, fisheries management began under the Division of Fisheries in the Bureau of Science in 1907.

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development of the fishing industry (BFAR 1987).The office was granted broad powers to issuelicenses and permits, conduct studies, supervise andcontrol the demarcation, protection, management,development, reproduction, occupancy and use ofall public fishery reserves and national and munici-pal fisheries and fishery reservations (RA 177,Section 4). The bureau was abolished in 1963 andreplaced with the Philippine Fisheries Commission(PFC) under RA 3512. The commission exercisedeven broader powers than its predecessor. Theseadded powers pertained mainly to increasing fishproduction by encouraging more fishing activitiesand increasing efficiency through better technology.The commission was a collegial body with represen-tatives from the private sector.

Development of fishery resources was acceler-ated further upon the promulgation of the FisheryIndustry Development Decree (Presidential Decree[PD] 43) in 1972. The government sought topromote, encourage and hasten the organizationand integration of the activities of all personsengaged in the industry so that the country couldachieve self-sufficiency in fishery products. Thegovernment committed to help by providing financ-ing, training and extension services towards thisgoal. By this time, the BoF had been restored andthe PFC replaced with the Fishery Industry Develop-ment Council, which included among its membersrepresentatives from government banks and thehead of the Board of Investments. This emphasizedfurther the goal of maximizing the exploitation ofthe country’s vast fishery resources.

In 1975, PD 704 (Fisheries Code) was issuedbecause of an urgent need to revise and consolidateall laws and decrees affecting fishery resources thathave remained largely untapped due to unnecessaryconstraints by existing laws and regulations and by afailure to provide an integrated developmentprogram for the industry. In the declaration ofpolicy, the acceleration of development of thefishing industry is tempered with the policy ofkeeping the fishery resources in optimum productivecondition through conservation and protection asexpressed in the provisions on establishment of fishsanctuaries and prohibitions of destructive fishingmethods.

A more significant impact of the Fisheries Codeof 1975 was on foreign involvement in Philippinecapture fisheries. The code paved the way for thereintroduction of Japanese investment and Japanbecame the dominant partner in joint fisheryventures.

Fishery laws in the Philippines did not changeuntil the Congress enacted the Fisheries Code of1998. While it contains more specific provisions onsustainable development of resources, it has notchanged the orientation of the law in emphasizingexploitation.

The new code emphasizes food security,prioritization of local fishers in the allocation ofprivileges and benefits and sustainable develop-ment, among others. It provides for limiting accessto resources through quotas, closed seasons, restric-tions on the use of destructive fishing gear, anddesignating fishery reserves and sanctuaries. Asignificant change in the new code is the devolutionof management to local governments. Municipalwaters, extending up to 15 km offshore, are underthe control of municipal and city governments. Thenational government retains control of watersbeyond the municipal jurisdictions. This is in linewith the general principle of devolution under theLGC, which was passed seven years earlier. The LGCtransferred to local governments broad powers ofenvironmental protection, but especially controlover the coastal areas within their jurisdictions. TheLGC, however, focused on permits and fiscal mat-ters. Now, with the Fisheries Code, general manage-ment and development powers are given to the localgovernments. A few months before the enactment ofthe new Fisheries Code, Congress passed the AFMA,which focuses on food security and global competi-tiveness in the agriculture and fisheries sector andensures the equitable sharing of benefits amongstakeholders. The act aims to provide financial andtechnical support to the agro-fisheries industry in itsmodernization effort.

Management of the Coastal EnvirManagement of the Coastal EnvirManagement of the Coastal EnvirManagement of the Coastal EnvirManagement of the Coastal Environmentonmentonmentonmentonment

Regulations relating to the management of thecoastal zone are generally incorporated in broadenvironmental laws, such as the environmental

100

impact assessment (EIA) and pollution control laws.

EnvirEnvirEnvirEnvirEnvironmental Impact Assessment Systemonmental Impact Assessment Systemonmental Impact Assessment Systemonmental Impact Assessment Systemonmental Impact Assessment System

An important legal mechanism for environmen-tal management in coastal and marine zones is thelaw on EIA. In the Philippines, an EIA system wasfirst adopted in 1977 when the National Environ-mental Protection Council (NEPC) was created andgiven the power “to review environmental impactassessments of projects submitted by governmentagencies”2.

Under PD 1586, environmental impact state-ments were required only for undertakings or areasthat were declared by the President as environmen-tally critical. However, the NEPC was authorized torequire non-critical projects or undertakings toprovide additional environmental safeguards as itmay deem necessary3.

In 1981, Presidential Proclamation 2146 wasissued, identifying environmentally critical projectsas heavy industries, resource extractive industries, aswell as infrastructure projects. The environmentallycritical areas (ECAs) were also defined, including alldeclared protected areas, critical habitats of wildlife,prime agricultural lands, mangrove areas and coralreefs, areas of significant historical, cultural oraesthetic value and areas often hit by natural calami-ties. The most important features of the PhilippineEIA system are:

! The distinction made between environmen-tally critical projects and projects in ECAs;

! The decentralization of EIA system deci-sions to regional offices for non-criticalprojects in environmentally sensitive areas;

! The incorporation of the principles ofenvironmental risk assessment in thesystem; and

! The inclusion of social acceptability in thecriteria in the issuance of an environmentalcompliance certificate (ECC).

By requiring an ECC for all projects in allenvironmentally sensitive areas, most activities in

marine and coastal areas require an ECC. Indeed, thehistory of the implementation of the EIA systemwould reveal a continuing process of addition to thelist of projects requiring an ECC. Operation of aferry system in Laguna de Bay and the dumping ofwastewater in the sea are two recent examples of newactivities that have been added to this list. By decen-tralizing these decisions to the regional offices of theDENR, a more efficient implementation of the EIAsystem is possible.

The inclusion of environmental risk assessmentand social acceptability in the EIA system is a potenttool for decision makers. Lack of environmental riskassessment was perceived to be one of the reasons thatresulted in the mining disaster that occurred inMarinduque in 1996, resulting in extensive damageto the Boac River and outlying coastal areas. Theinclusion of environmental risk assessment in theEIA system is a step towards avoiding a repetition ofsuch a disaster. As for social acceptability, its inclu-sion in the criteria for the issuance of an ECC is aresult of many experiences by the DENR of contro-versial projects that generated serious concern, inmany cases outright opposition, among affectedcommunities. By requiring social acceptability4, theexpectation is that most negative environmentalconsequences of a project are avoided or, at the veryleast, mitigated.

In sum, the EIA system in the Philippinesprovides an important tool for effective environmen-tal management of marine and coastal areas. In oneproject involving a proposal to build a cement plantin a coastal area, the DENR denied the ECC. TheDENR cited its failure to fulfill the requirement ofsocial acceptability as one of the reasons for notallowing the project to operate.

As a rule, environmental pollution is regulatedby the DENR. The DENR, through the Environmen-tal Management Bureau (EMB), sets ambient,emission and effluent standards to control thedischarge of pollutants into the air, land and waters.In 1987, the DENR absorbed the powers of theNational Pollution Control Commission (NPCC)created under the Pollution Control Law, when the

2 PD 1121, Section 2(e).

3 PD 1586. Section 5.

4 DAO 96-37, Section 3 (cc).

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department was reorganized under Executive Order(EO) 192.

PPPPPollution Controllution Controllution Controllution Controllution Contrololololol

Both air and water pollution have significantimpacts on the coastal environment. Pollution ingeneral is governed by PD 984. Under that law, theNPCC formulated the policy, set pollution controlstandards, adjudicated violations and performedother regulatory functions. When the DENR wasreorganized, the regulatory functions were trans-ferred to the regional offices, the policy formulationand standard setting were assigned to the EMB, whilethe quasi-judicial functions were given to the Pollu-tion Adjudication Board.

Marine pollution is regulated by the PhilippineCoast Guard (PCG). Under PD 600, “it shall beunlawful to throw, discharge, or deposit, or cause,suffer, or procure to be thrown, discharged, ordeposited either from or out of any ship, barge, orother floating craft of any kind, or from the shore,wharf, manufacturing establishment, or mill of anykind, any refuse matter of any kind or whateverdescription other than that flowing from streets andsewers.” The discharge of oil and other noxioussubstances is also prohibited. In cases of oil pollu-tion, the polluter is liable for the clean up in addi-tion to criminal fines and imprisonment.

In PD 984 and PD 600, there is an apparentoverlap. Both laws address the issue of discharge ofpollutants into the waters and seas, whether from aland-based or ship-based source. PD 600 wasamended by PD 979 to delineate the functions ofthe concerned agencies, while retaining essentiallythe same prohibitions. In line with the goal ofavoiding duplication and conflict in functions, theDENR and PCG entered into an agreement wherebythe DENR regulates land-based sources and PCGmonitors and regulates ship-based pollution sources.

Institutional ArInstitutional ArInstitutional ArInstitutional ArInstitutional Arrangementsrangementsrangementsrangementsrangements

An exhaustive review of all government agenciesinvolved in coastal and marine resources manage-ment would require a review of the entire govern-mental machinery since almost every aspect of the

bureaucracy has some direct or indirect participation,from budget management, finance and economicplanning to tourism, agriculture, agrarian reform andeven national defense, foreign affairs, education andlabor.

Assessment of Agencies Involved inAssessment of Agencies Involved inAssessment of Agencies Involved inAssessment of Agencies Involved inAssessment of Agencies Involved inCoastal ManagementCoastal ManagementCoastal ManagementCoastal ManagementCoastal Management

To simplify the distinction between differentgovernment agencies with marine and coastalmanagement functions, four categories may beconsidered:

! Policy-making and general management

(a) The DENR which has overall responsi-bility for environmental protection andmanagement of both marine and coastalenvironment;

(b) The Department of Agriculture (DA)which has jurisdiction over the conser-vation and proper use of agricultural andfishery resources. Under its FisheriesSector Program (FSP), now FisheryResources Management Program, theDA has implemented a managementsystem known as Coastal ResourcesManagement Project (CRMP) that waspilot tested in 12 priority bays; theLGUs, by virtue of the devolved func-tions under the LGC of 1991, had beengiven the exclusive authority to grantfishery privileges in the municipalwaters. The more important power isthe expansion of their jurisdiction overmunicipal waters up to 15 km; autono-mous regions which under the OrganicAct of Muslim Mindanao (RA 6734), theregional government has been given fullcontrol over natural resourcesmanagement, except for some strategicresources; and

(c) The National Economic DevelopmentAuthority (NEDA) coordinates varioussocial and economic plans, policies,programs and projects on a nationaland sector basis.

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! Scientific Research

(a) The Department of Science and Tech-nology-Philippine Council for Aquaticand Marine Resources Development(DoST-PCAMRD), which is a policyformulating and coordinating body foraquatic and marine science and technol-ogy development;

(b) The DA-BFAR, which is the maincoordinating body for research con-ducted by the DA;

(c) The DENR-Ecosystem Research andDevelopment Bureau (ERDB), which isDENR’s research coordinating unit; and

(d) The University of the Philippines-Marine Science Institute (UP-MSI),which is the national center of excel-lence in the marine sciences.

! Law enforcement and coordinating functions

(a) The Department of the Interior andLocal Government-Philippine NationalPolice (DILG-PNP), which has theresponsibility of crime prevention andthe apprehension of violators;

(b) The Department of National Defense(DND)-PCG, which has the primary rolein the prevention and control of marinepollution;

(c) The Presidential Commission on Anti-Illegal Fishing and Marine Conservation(PCAIFMC) or the Bantay Dagat Com-mittee (BDC), which is the main lawenforcement agency in coastal waters;

(d) The Inter-Agency Task Force on CoastalEnvironment Protection (IATFCEP),which coordinates the departments andagencies enforcing coastal environmentprotection; and

(e) The Department of Foreign Affairs(DFA), which heads the Cabinet Com-mittee on Marine Affairs which ad-dresses the various concerns on theimplementation of the United NationsConvention on the Law of the Sea(UNCLOS).

There are other national agencies involved in themanagement of specific resources, like the BFAR,which is the lead agency in fisheries management;the Department of Health (DoH), which is involvedin marine and coastal resources management issuesthat have a bearing on public health; the NationalWater Resources Council (NWRC), which governs theownership, appropriation, use, exploitation, develop-ment, conservation, and protection of water resourceswhether subterranean, surface or atmospheric, freshor sea water; the Philippine Ports Authority (PPA),which is involved in ports development.

The DENR has, in its past and present organiza-tional structure, been recognized as the agency withthe mandate over natural resources use and manage-ment, including marine and coastal resources. Thedepartment has the mandate to design and imple-ment a program that covers the entire spectrum ofcoastal resources management: from wildlife protec-tion, protected areas management, to pollutioncontrol, forests/mangroves conservation, land use,mining regulations, and others.

The management and exploitation of marineand coastal resources traditionally went hand-in-hand with environmental protection under theDepartment of Natural Resources (DNR). As farback as the Fisheries Act or Act 4003 (1934), fisher-ies were under the jurisdiction of the DNR. This wasthe system until 1984 when the BFAR was removedfrom the Ministry of Natural Resources (MNR) andtransferred to the food production group of theMinistry of Agriculture and Food by virtue of EO967. Interestingly, the management of coastal andmarine habitats was retained in the MNR. The splitbetween use functions on the one hand and conser-vation/protection functions on the other has re-mained to this day.

Programs of the DENR have serious and sub-stantial impacts on coastal zone management.Through its forestry programs, the department hascontrol over mangrove and watershed resources.The department also supervises the NIPAS that canpropose the establishment of coastal and marineprotected areas. Wildlife conservation is a majorconcern of the department. While it does not take

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the lead role in the protection of marine wildlife, thedepartment has programs specifically aimed at theconservation of marine species such as turtles andmarine mammals. The DA, through BFAR, leads inthe protection of marine wildlife.

Through its environment programs, the depart-ment regulates the discharge of wastes and otherpollutants into the seas. Activities in critical coastalareas are subject to the EIA system. Environmentprograms address environmental impacts broughtabout by industrial activities. The EIA system, beingsupervised and implemented by the DENR, ensuresthat development projects do not become environ-mental threats. Projects which pose serious threatsare denied environmental clearance. Proponents arerequired to submit an Environmental ManagementPlan (EMP) to prevent, minimize, mitigate andmonitor environmental impacts. Monitoring andregulation functions in relation to the implementa-tion of the EIA system contribute to the overallprogram of protecting coastal resources.

The organizational structure of the DENR directsthe implementation of programs to the regionaloffices. Policymaking and research functions areperformed by staff bureaus. In 1993, the DENRlaunched the Coastal Environment Program (CEP)that takes an integrated approach to coastal resourcemanagement. The CEP’s mandate includes thepromotion of the use of environment-friendly coastaltechnologies, expansion of livelihood opportunitiesin, and assures equal access to, coastal resources andupgrading the capabilities of all DENR personnel inthe management of coastal environments5 .

Fisheries, marine and aquatic resources were notincluded in the jurisdiction of the DENR under thedepartment reorganization in 1986 (EO 192).However, under EO 292 (Administrative Code of1987), which was promulgated a month after EO192 was issued, fisheries, marine and aquaticresources were added to DENR’s concerns. Someview this development as a source of confusion andconflict of jurisdictions, but the DENR has takenadvantage of this expanded mandate to undertakethe CEP.

Under the Administrative Code of 1987, the DAis mandated to promulgate and enforce all laws,rules and regulations governing the conservationand proper use of agricultural and fishery resourcesas well as conduct, coordinate and disseminateresearch studies on appropriate technologies for theimprovement and development of agriculturalcrops, fisheries and other allied commodities.

The fragmentation of fisheries administrationbetween various agencies of the DA and otherdepartments is considered the root cause of itsweakness. This is obvious when considering thehistory of the BFAR. The bureau started out as theDivision of Fisheries under the Bureau of Science in1907. In 1933, it was transferred to the Ministry ofAgriculture and Commerce as the Fisheries andGame Administration. Later, it was reorganized asthe Bureau of Fisheries in 1947 pursuant to RA 177.In 1963, it became the PFC. In 1972, it revertedback to the Bureau of Fisheries. In 1974, it took thename BFAR and was placed under the MNR. Adecade later, it was transferred to the Ministry ofFood and Agriculture (BFAR 1987).

Throughout its history, BFAR has moved from ascience office focusing on research to a commerceoffice focusing on trade, to a natural resources officedealing with conservation, to an agriculture officefocusing on food production, not to mention its stintas an independent commission. In every transfer, itsfocus changed as influenced by the mandate of itsparent office.

Under the present system, the DA, throughBFAR, its regional offices and specialized agencies,has jurisdiction over fisheries resources only. Thedepartment coordinates with the DENR whenactivities call for integration of other resources.

In an attempt to create a holistic approach tocoastal resources management, the DA spearheadeda new management system under its FSP, nowknown as Fisheries Resources Management Program,that was being pilot tested in 12 priority bays. Theprogram aims to integrate and coordinate the effortsof national agencies and local governments in themanagement of coastal resources. The department’s

5 DAO 93-19.

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control of the fishery was seriously eroded with theenactment of the LGC. The code provides for thedevolution of the control over fishery resources withinmunicipal waters to the municipalities. With theenactment of the New Fisheries Code (NFC), theBFAR has been strengthened as an institution, but itspowers are still limited because the code has given tolocal governments the power over the conservationand development of the fishery.

Devolution to Local GovernmentsDevolution to Local GovernmentsDevolution to Local GovernmentsDevolution to Local GovernmentsDevolution to Local Governments

While LGUs have limited jurisdictions individu-ally, their collective impacts have national implica-tions. Local governments play a major role in coastalresources management by virtue of the devolution offunctions under the LGC of 1991 (RA 7160).

The LGUs have considerable control in mattersrelated to environmental protection. The LGCprovides that national government agencies mustconsult the LGUs prior to the implementation ofany project or program. The need to consult isespecially enjoined when the project has significantenvironmental impact.

Local governments have the capacity or thepotential to develop a total approach to coastalresource management within their jurisdictions.While the laws do not provide for comprehensive ordetailed provisions on coastal resources manage-ment, the general provisions can serve as basis forformulating a complete municipal CRMP (La Viña1997). However, it is the common observation thatlocal governments are ill-prepared to take on theresponsibilities. Both expertise and logistics havelong been concentrated with central governmentagencies. Few LGUs are equipped with the financialand technical capabilities to carry on a sustainableprogram of coastal resources management.

To be effective, environmental managementprograms must manage ecosystems that seldomcorrespond to political boundaries making itimperative that local governments jointly manage

common resources. The LGC has provided forinstances where LGUs may cooperate to achievecommon goals6.

Institutional IntegrationInstitutional IntegrationInstitutional IntegrationInstitutional IntegrationInstitutional Integration

The case of the Batangas Bay Region (BBR) is agood example. In theory, each municipality can optto initiate programs for resources within its jurisdic-tion. However, it was determined that an integratedapproach would be more appropriate consideringthat the Bay has a huge potential as an alternativeinternational port. The benefits of having a portwould not accrue if the development plans are notdesigned in an integrated manner with the supportof all local governments having jurisdiction over theshared resource.

In most cases, it would be ideal for the provinceto initiate and implement an integrated programbecause its territorial jurisdiction adequately coverswhole ecosystems. However, while it has supervisorypowers over component municipalities, the realpowers are often exercised by the municipalities. Forexample, the province cannot devise an integratedfisheries program. The problem is complicatedfurther when the resource is also shared by a highlyurbanized city that is independent of the province.In such cases where no local management institutioncan implement an integrated program, a multilat-eral body has to be created with representationsfrom the concerned local governments.

A multilateral body need not be composed onlyof local government representatives. In order to bemore responsive, it should also include representa-tions from key stakeholders making it a multi-sectorbody. Such a body can serve as the policymakingforum where all stakeholders can participate.

In the case of the BBR, it was determined themost feasible organizational structure would be acouncil created through a provincial ordinance withparticipation from local governments, private sectorstakeholders and representatives from national

6 Section 3 (f) provides: “Local governments may group themselves, consolidate or coordinate their efforts, services and resources forpurposes commonly beneficial to them”. A procedure in Section 33 which states that LGUs “may, through appropriate ordinances,group themselves, consolidate or coordinate their efforts, services and resources for purposes commonly beneficial to them. In supportof sound undertakings, the local government units involved may, upon approval by the sanggunian concerned after a public hearingconducted for the purposes, contribute funds, real estate, equipment, and other kinds of property and appoint or assign personnelunder such terms and conditions as may be agreed upon by the participating local government units through memoranda of agree-ment”.

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government agencies. The participation of nationalgovernment agencies is essential in order to coordi-nate efforts of the local council with national plansand programs. A high-level council would not beappropriate body to effectively carry out the programsand actions that have been decided. The council isthere only to guide or set the direction. Day-to-dayactivities have to be delegated to a full-time imple-menting arm. In the case of Batangas, an office calledthe Provincial Government-Environment and NaturalResources Office (PG-ENRO) was created to serve asthe secretariat of the council as well as its designatedimplementing arm.

The creation of a multisectoral council and itsimplementing arm requires legislation. Policiesfollowing the integrated approach also need to betranslated to action plans that likewise requirelegislation in order to be implemented. As thepolicies are translated into action, resources have tobe allotted by the participating local governments aswell as the other government agencies.

At the national level, there have been attempts tocreate multisectoral agencies to manage coastalresources. The PCAIFMC or BDC was formed in1989 and is chaired by the secretary of the DA withmembers consisting of the secretaries of the Depart-ment of Justice (DoJ), Department of EducationCulture and Sports (DECS), DND, DILG, DoT,DENR, Press Secretary and the general manager ofthe Philippine Tourism Authority (PTA). This wascreated in response to the “urgent need to coordi-nate the efforts of national and local governmentagencies, civic organizations, and the residents offishing communities for a total and simultaneouscampaign to stop and reverse this destructive trend,and manage our fishery resources to maintain theirproductivity.”

The activities of the committee have mainlyfocused on law enforcement. The committee hasdistributed patrol boats to LGUs to be used forapprehending illegal fishing activities. Much of thefunding has come from the Fisheries Sector Program(FSP) of the DA.

In 1993, another agency, the IATFCEP wasformed by virtue of EO 117 at the initiative of theDENR. This was an extension of the CEP launched

by the department in the early part of the same year.The creation of the task force was intended forcooperation and coordination among the depart-ments and agencies enforcing coastal environmentprotection to strengthen and sustain law enforcementsystems throughout the country. However, it appearsthat the task force only focuses on law enforcementand not on the other aspects of coastal and marineresources management. This is apparent in the initialdesignation of the DND-Philippine Navy (PN) aslead agency, which will be replaced by the DILG-PNPafter a year.

Both IATFCEP and PCAIFMC started with loftyideals. Neither has come up with a comprehensiveprogram to manage coastal and marine resources,not even a program to coordinate and rationalizeexisting efforts. Both bodies focus mainly on lawenforcement. However, other aspects of manage-ment have to be coordinated. For instance, researchefforts on the status and sustainability of use of theresources must be a combined effort of nationalagencies and local governments. Few resources arelimited to a single municipal jurisdiction.

PPPPPublic Public Public Public Public Participationarticipationarticipationarticipationarticipation

Community participation in policy and programformulation was institutionalized with the promulga-tion of EO 240 (1995) which mandates the forma-tion of Fisheries and Aquatic Resources Manage-ment Committees (FARMCs) in coastal barangays,cities and municipalities. The executive issuance wasmet with much support from fishers and provedpromising. The FARMC concept has been institu-tionalized and integrated into the new FisheriesCode.

Community participation is crucial to thesuccess of any regulatory program. There is a higherprobability of success when the community isinvolved at the earliest stages of developing theregime. The shaping of the regulations should takeinto account existing practices and inputs from thecommunity.

In Bolinao, Pangasinan (discussed in the casestudy in the next section), the community itselfworked to develop the management program fortheir coastal zone. The scientists and community

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organizers provided the guidance to ensure that themanagement plan had a sound scientific basis. Thecommunity then lobbied for the adoption of theplan by the local government.

SummarySummarySummarySummarySummary

Though regulatory mechanisms have theirspecific functions, sole reliance on them has provento be ineffective in abating the degradation anddepletion of marine and coastal resources. There aretelling examples of past and present managementfailures. A considerable amount of legislation hasbeen passed, many regulatory mechanisms have beenused, institutions have been reformed, and new oneshave been created. However, these current arrange-ments do not adequately deal with the mountingproblems in the marine and coastal zones.

The use of strategies that would move away fromcommand and control approaches to community-based and market-based strategies needs to beexplored. These strategies may prove practicable andeffective in guiding resource uses in the marine andcoastal zones and in raising revenue for use in themanagement of the resources. The existing institu-tional set-up is complex, confusing, sectoralized andfragmented. Fragmentation is the major systemichindrance to more effective management. There isan urgent need for sectoral integration and coordi-nation.

CCCCCOMMUNITYOMMUNITYOMMUNITYOMMUNITYOMMUNITY-----BBBBBAAAAASEDSEDSEDSEDSED R R R R RESOURCEESOURCEESOURCEESOURCEESOURCEMMMMMANAGEMENTANAGEMENTANAGEMENTANAGEMENTANAGEMENT: F: F: F: F: FOUROUROUROUROUR C C C C CAAAAASESESESESE S S S S STUDIESTUDIESTUDIESTUDIESTUDIES

Despite the intricate legal system set up formanaging the coastal environment, other modes ofadministration have grown and become moreattractive. These include community-based systemsof management.

Historical PHistorical PHistorical PHistorical PHistorical Perspectiveerspectiveerspectiveerspectiveerspective

Before the arrival of the Spanish, landowningwas communal in character, with the actual titlevested in the barangay. Wealth was determined byhow many dependents a chieftain could muster tocultivate the communally owned lands (Phelan1959). In the maritime sector, endeavors reflective ofthis communal tradition survived into the Spanish

period. In some villages, the leaders united to builda vessel — a pirogue — in which they shipped theirproduce under the conduct of a few persons whowent to navigate and sell the cargo. After the pro-duce was traded at the port of destination, thereturns were distributed to all according to theirshare. Festivities were then held to thank the saintsfor their kindness, and invoke blessings for anotheryear. After this cooperative undertaking, the vesselwas taken to pieces and distributed among theowners to be preserved for the next season (De laCosta 1965).

Throughout the Spanish and American colonialperiods, conflicts between state regulation andcommunity-based practices over the use of coastalresources played a secondary role in the peasant’sstruggle for reform in the agricultural sector. Thiswas mainly because the Filipinos were always farmersas well as fishers. In the provinces, it was rare to seea Filipino who was engaged in only one occupation(Wright 1907).

A common tactic of resistance by the peasantclass in Philippine society is the intentional disre-gard of state regulations that is both non-confronta-tional and can be resorted to most of the time withthe least repercussions because the government wasnever strong enough to enforce absolute compliance.Thus, non-compliance may become a social norm.There are also instances of vocal resistance by localcommunities to state regulation of coastal resourceswhen the latter clash with traditional communityresource use. In 1975, measures were passed banningthe gathering of migratory species in Naujan Lake,Oriental Mindoro in order to cater to the fingerlingdemands of the fish pen industry. Two fishers werecaught fishing in the prohibited area by the parkwarden. The two fishers hacked the warden to deathwhen he refused to allow them to continue (Bautistaand Anigan 1978).

Rationale for CommunityRationale for CommunityRationale for CommunityRationale for CommunityRationale for Community-based-based-based-based-basedRRRRResouresouresouresouresource Managementce Managementce Managementce Managementce Management

Historically, community management developedindependent of and even preceded governmentalregulations and persisted even after formal regula-tory norms were set in place. Years of experience incommunity-based resource management (CBRM),

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from forestry to fisheries, show the common reasonswhy such approaches are desirable. Batongbacal(1991) summarizes these in the context of coastalresource management as:

! The communities’ dependence on thecoastal zone;

! Inadequacy of traditional systems ofcentralized government management;

! Greater efficiency in planning and imple-mentation;

! Democratization of access to resources;! More prospects of success; and! Failure of previous cooperative activities.

CBRM is intended as an integrated approach toarea development. It is holistic in the sense that itresponds to resolving conflicts over multiple re-source use and attempts to integrate thesociopolitical and the economic aspects with thebiophysical elements of resource management.CBRM emphasizes that environmental problemshave both social and technical aspects. Therefore,CBRM is about letting people make their own rulesand decisions and enforce them. The state’s respon-sibility is to provide the necessary technical andadministrative support to enable the group to carryout these functions, and to ensure the legitimizationor recognition of the group’s policies outside of thegroup so that their measures remain effective evenin the face of interference from nonmembers. Thegeneral concept of CBRM was born out of politicalstruggle; the control of natural resources was adirect manifestation of the distribution of powerand wealth in society. Since the issue of environ-mental management thereby became an issue ofequity, the philosophy and approaches that devel-oped in the Philippines for the application of a newenvironmental agenda emphasized community-based models of resource management

(Batongbacal 1991). The initial successes of thesemodels in community-based forestry projects wereapplied to marine resources.

In this paper, four case studies are presentedcovering the range of experiences in the Philip-pines of CBRM. The Coron Island case involvesindigenous peoples. The Apo Island experience isthe classic example of a community-based approachin fisheries and coral reef management. TheBolinao case study looks into the interface oftraditional fisheries and coral reef managementissues with questions brought about by moderniza-tion and industrialization. Finally, the Batangas Bayexperiment illustrates options as the pressures ofmodernization and industrialization begin toprevail.

CorCorCorCorCoron Island, Pon Island, Pon Island, Pon Island, Pon Island, Palawanalawanalawanalawanalawan77777

Coron Island is home to the Tagbanuas, anindigenous group of some 283 families, all of whomare presently members of the Tagbanua Foundationof Coron Island (TFCI). The island has two settle-ments, one in Cabugao and the other in Banwang-Daan, where most of the town’s Tagbanuas congre-gate. The official population data of the CoronMunicipal Planning and Development Office(CMPDO) shows 4 888 Tagbanuas (18% of totalmunicipal population) living in the municipality8.The Tagbanuas have been on the island since timeimmemorial and consider the land and a portion ofthe sea as their ancestral domain9. The Tagbanuasexercise indigenous resources management prac-tices anchored mainly in their culture and beliefs.

EnvirEnvirEnvirEnvirEnvironmental Ponmental Ponmental Ponmental Ponmental Prrrrrofileofileofileofileofile

Coron Island is part of the Calamianes IslandGroup located in Northern Palawan. The island is

7 The information used here was from an unpublished study conducted by Philippine Association for Intercultural Development, Inc.(PAFID) between 1997 and 1998 and funded by the Legal Rights and Natural Resources Center, which documents the experience ofPAFID and SARAGPUNTA, a federation of Tagbanua community organizations in Northern Palawan in the delineation of the latter’sancestral domain claim. The study is currently under review and is due for publication soon.

8 The PAFID study notes the significant difference between the 1998 population tally of the Coron MPDO and the 1996 populationfigure of the Institute of Philippine Culture, which was culled from the MPDO records. PAFID suggested that the Tagbanuas’ might havesuffered great mortality or there was a sudden surge of non-indigenous immigration in the Tagbanua barangays.

9 The time immemorial possession of the land and a portion of Coron waters has been recognized by the Philippine government with theissuance of the Tagbanuas’ Certificate of Ancestral Domain Claim. Former Undersecretary Antonio La Viña, in his memorandum for theDENR Secretary dated 02 June 1998 recommending the issuance of the CADC to TFCI, recognized the important contribution of thegroups indigenous management system in the sustainable use of their ancestral waters ad the natural resources found therein.

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about 5 km from the town center of Coron onBusuanga Island and has a total land area of ap-proximately 7 700 ha. Coron Island is blessed withnatural resources and a natural landscape that makesit very attractive for tourism related developmentactivities. There are eight brackish lakes and threesmaller ones located on the island, the largest beingLake Abayok which is 20 km long and 30 fathomsdeep. Lake Kayangan is 12.5 ha in extent. Under-ground connections to the sea have allowed the entryof giant barracudas and octopuses, giving one of thelakes its name “Barracuda Lake.” Climate is dry fromDecember to April and monsoonal the rest of theyear10.

About 5 000 ha of the total land area of theisland are made up of rocky cliffs, which is why theTagbanuas do not depend primarily on agriculturefor their subsistence (IPC 1996). For their livelihood,they depend on fish and other aquatic resources suchas tekbeken (small octopus), balat (sea cucumber), latuk(edible seaweed); and edible birds’ nests or luray forthose who own clan caves. The outer rim of theisland, forming fissures and caves are home to theswiftlets (balinsasayaw) which construct edible bird’snest that the Tagbanuas gather and sell to localChinese traders.

In terms of agricultural production, only a fewfamilies cultivate kuma (swidden farms), which aremostly planted with upland rice and corn. A typicalkuma is good for one harvest of rice which is barelyenough to tide over a typical Tagbanua household tothe next harvest. To supplement income and foodsupply, most families plant cashew trees in backyardlots and the nuts are sold in exchange for rice11. Thejagged terrain and scrub-like vegetation discouragevegetation clearing. Hence, the undisturbed vegeta-tive cover provides protection for wildlife, acts as awatershed and provides natural nutrients to the hillsand small plains below. Some of the water conservedby this mantle of vegetation is stored in the lake.

The island has three vegetation types: forestcovered limestone, beach forest and mangrove. Theisland fauna includes the Philippine macaque, wild

pigs, porcupines, anteaters, lizards, Palawan hornbilland various parrot species. Marine turtles nest onsome of the beaches and dugongs are also seen alongthe coast.

Indigenous Use and Management of theIndigenous Use and Management of theIndigenous Use and Management of theIndigenous Use and Management of theIndigenous Use and Management of theCoastal and ACoastal and ACoastal and ACoastal and ACoastal and Aquatic/Fquatic/Fquatic/Fquatic/Fquatic/Fisherisherisherisherishery Resoury Resoury Resoury Resoury Resourcescescescesces

The Tagbanuas harvest more from the sea thanfrom the forest. They vigorously fought for govern-ment recognition of their claim over ancestral watersas an integral part of their ancestral domain claim.Both land and sea are vital for the daily subsistenceof the Tagbanuas and for the preservation of their wayof life. While the Tagbanuas consider the marineresources as part of their ancestral domain, they donot think this is for their exclusive use. They believethat the sea is a communal property. They “allow”access by outsiders as long as the fishing methods arelegal and are not done in sacred areas.

The Tagbanuas’ resource use and managementsystem is operational within the context of thepanyaan and the amlaran (sacred areas at sea and onland, respectively, which are considered restrictedareas), the observance of customary laws governingresource access and use, and the role of the clanelders in the observance of traditional laws, espe-cially the imposition of sanctions and penalties as ameans of control or discipline.

The panyaan are marine areas traditionallyavoided by the Tagbanuas because of a belief thatthese are inhabited or under the influence of sensi-tive spirits that bring harm on anyone who trespassthe area. The same belief governs the amlaran andthe amuyuk (sacred lakes), which the Tagbanuasbelieve to be inhabited by spirits in the form ofoctopuses. Access and use of resources found in thesacred areas may only be given to a Tagbanua by theelders and the community albularyo (medicine man).When in the restricted zones, the individual muststrictly observe certain behaviors, silence or limitingone’s speech or using an entirely different languageso as not to disturb or offend the spirits. Failure todo so would surely bring misfortune, even death, to

10 This portion was based largely on an unpublished baseline study conducted by PAFID in 1995, which was an attached document to theTFCI’s application for CADC originally submitted in 1993.

11 Taken from PAFID’s unpublished study, 1997-1998, p.16. The information was validated in an interview with Rodolfo Aguilar, Chairof TFCI, in October 1997.

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12 Based on PAFID unpublished study on mapping of ancestral lands and waters, 1997-1998, sponsored by LRC, p.26. Theinformation was verified by statements of Mr. Rodolfo Aguilar and other leaders as well as community members interviewed for thiscase study during a field research undertaken in October 1997.

13 Mr. Aguilar, however, admitted that on rare occasions some Tagbanuas violate the community’s rule on nest gathering. That is, theycollect nests even before the eggs have been hatched just like what non-Tagbanua gatherers would do. Such behavior is dealt withaccordingly by the community leaders.

14Interview with Mr. Aguilar, Mr. Renato Dacullos and Brgy. Captain Macoy Veloso, October 1997. Mr. Aguilar and Brgy. Capt. Veloso areofficials of TFCI and at the same time respected elders of the community.

the individual. In such a situation, the only way toappease the spirits is for the albularyo to performtraditional rituals. The reason why the Tagbanuasprohibit fishing or gathering of resources in thepanyaan or sacred areas for both Tagbanuas and non-Tagbanuas is also for the welfare of the people. Theprohibition is to protect them from the wrath of thespirits inhabiting the sacred areas12. Their Certificateof Ancestral Domain Claim (CADC) application callsfor the respect of all these sacred areas.

The panyaan may be likened to the modern daymarine reserves or marine sanctuaries while theamuyuk, the sacred lakes, are a crucial part of theisland’s watershed and shelter the swiftlets’ caves. Forthe Tagbanuas, these sacred areas are consideredcrucial to the sustainability of their natural resources,their ancestral domain, and the survival of both thepresent and future generations of their people.

The resource management also covers the cliffsof the island down to the valleys and traverses thelakes and rivers as well as the mangroves and the sea.Forest resources are communally owned. No indi-vidual is allowed to own even a portion of the forests.Everyone in the community is allowed access to theseresources for as long as these rights are not abused.

In an interview with Rodolfo Aguilar, the chairof TFCI, he said that the Tagbanuas have a set ofrules for the caves located on the cliffs of the island.The individual who discovers the cave is supposed tohave exclusive rights to harvest swiftlets’ nests in thatcave and such rights are respected by other nestcollectors. Almost all able-bodied persons on theisland participate in the balinsasayaw season. Thispractice has been handed down from generation togeneration and it has been traced back to the comingof the Chinese traders before Magellan. The collec-

tion methods of the Tagbanuas have always beengoverned by an open and closed season in order notto adversely affect the population of the swiftlets13.The season for nest gathering could vary yearly. InBanwang-Daan, it could start as early as Decemberand end in April while in Cabugao collecting beginsin January and lasts until April as well (IPC 1996).

Others seek a livelihood elsewhere throughfishing or diving. The Tagbanuas traditionally use thewaters around the island for subsistence fishing,swidden farming, and other land-based livelihoodactivities. The amount of resources they extract islimited to their own sustenance. They do not engagein commercial harvests. Their fish catch usuallyconsists of reef fishes such as groupers, snappers,rabbitfishes, parrotfishes, (lapu-lapu, maya-maya,samaral, and molmol respectively). Other marine lifegathered are seaweeds (lato), shellfish, lobsters(banagan), eels (indong), mackerels (tanguigue), andanchovies. Seaweed farming has been recentlyintroduced to the Tagbanuas.

Interviews14 with officials of the TFCI andrespected elders of the community revealed that theTagbanuas have in the past used traditional fishinggear such as spears (sibat), bow and arrow (pana),hook and line (kawil) and other less invasive andnon-destructive fishing gear. The Tagbanuas attributethe diminution of their fish catch and the destruc-tion of their traditional fishing grounds to modernand more invasive fishing methods used by outsid-ers, which yield more catch and sometimes are overefficient. They have created rules enumeratingprohibited fishing methods within their ancestraldomain. These rules are also based on the legalregime prohibiting certain fishing practices. TheTagbanuas call these prohibited fishing practicesillegal and these include blast fishing, the use of

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cyanide, Danish Seine (hulbot-hulbot) and the use ofcompressors. They believe these kinds of fishingpractices deplete the fishing stock and destroy theenvironment.

The Tagbanuas consider the entry of commercialfishing vessels within ancestral domain areas aswrongful because they consider the very large fishcatch of these vessels as unsustainable and depletethe resources rapidly. According to Aguilar andVeloso, TFCI Chair and barangay captain respec-tively, they also consider muro-ami and other illegalfishing methods as wrongful. For them, these kindsof fishing practices deplete the fishing stock anddestroy the environment.

Seaweed farming has been recently introducedto the Tagbanuas. Women are mostly engage in thisactivity. Their harvest of seaweeds is only to theextent that the seaweeds can still regenerate.

The Tagbanuas have traditionally practicedswidden farming. Part of the hilly land of the islandhas been cleared by swidden farming to grow foodcrops. Traditionally, these lands have been left tofallow and recover fertility. Unfortunately, this stablepractice was jeopardized when migrants gainedcontrol of some of the prime farmlands, whichdisplaced the Tagbanuas to move to higher, steeperslopes and to expand the scope and frequency ofswidden methods beyond what is traditionallypracticed. There used to be land erosion due toexcessive kaingin or swidden farming. However, afterthe Tagbanuas entered the stewardship agreementwith the government, they have avoided the practiceof swidden farming. The Tagbanuas recognizeproperty rights in favor of persons who clear an areathrough swidden farming. Persons can only return toareas they previously cleared.

The prime farmlands comprise about 350 ha.The major crops are coconut, cashew, cassava, sweetpotatoe, pigeon beans (kadios), rice and millet. Anumber of the root crops growing in the forests havebeen domesticated and are now planted on levellands.

In general, annual crops are planted by tradi-

tional swidden methods even on level lands. SeveralTagbanua farmers have started using more productivemethods such as tillage and dikes to trap rainwaterfor palay. These are not sanctioned and there arestrong taboos against disturbing the earth.

Cutting trees near streams, springs, wells and thecoast is prohibited. The Tagbanuas recognize thevalue of these resources as watersheds which ensureirrigation of their crops and prevent soil erosion.Tagbanuas recognize the value of the mangroveecosystem to their marine environment. They knowthese are fish breeding areas and have to be pro-tected. Hence, as a rule mangrove trees cannot be cutunless there is consent from the council. Specificproducts including medicinal plants, root crops,trees and other edible resources may be gatheredfrom the forests. The wildlife is sustainably protectedby a policy prohibiting hunting except for maturepigs.

Based on unpublished research done by PAFIDbetween 1997 and 1998, ancestral lands are passedon through the women since they are often the onescharged to manage the family’s kuma and taranuman(swiddens and fields). Hence, they are not expectedto just leave the land. In this respect, the women inthe community are crucial to the continuity ofoccupation of the ancestral lands and thecommunity’s claim over the resources therein. Evenmale members of the community acknowledge theeffectiveness of such an arrangement in preventingthe loss of portions of the ancestral domain throughdeceit. There have been a number of instances inthe past when a parcel of land within the Tagbanuaterritory has been signed away to non-Tagbanuasafter the men who have been entrusted with themwere lured to sign waivers of rights or other instru-ments, at times after a good round of gin or inexchange for paltry sums.

Officers of TCFI said another benefit from thestewardship of women of the group’s ancestral landsis preservation of the boundaries of the lands oftenmarked by the source of tubers and other rootcropsusually managed by the women. When gatheringtubers and other rootcrops, the rule is to leavebehind the roots in order for the plant to regener-

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15 According to the PAFID study, some Tagbanua communities allow private ownership of smaller coral reefs and portions of the forestsby families or clans. In such cases, only family or clan members can fish on those reefs and gather rattan firewood or timber from socalled clan forests. Such arrangements, however, do not exist in the Tagbanua communities in Coron Island. This system was abandonedafter the Japanese occupation, by which time rattan and timber supply in clan forests began to diminish. The study also noted that thereefs started to be used communally after conflicts in use rights were referred to the municipal government, which resolved that,henceforth, coral reefs are communally owned and could not be owned by just one family or clan.

16 These allegations have figured consistently in the interviews with the TFCI officials, Tagbanua elders, local NGOs like Kawil Amianan,International Marinelife Alliance, members of local law enforcement units, and private individuals, who all requested that their identitybe kept in confidence.

ate. The Tagbanuas have a concept of successionincorporated with the concept of ownership andprivate property 15.

Issues in ResourIssues in ResourIssues in ResourIssues in ResourIssues in Resource Use and Managementce Use and Managementce Use and Managementce Use and Managementce Use and Management

Conflict over access, use and management ofnatural resources in Coron Island, especially coastaland aquatic resources, is a matter that has constantlyplagued the Tagbanuas of the island. The strugglebecame more intense once TFCI applied for aCADC for their ancestral lands and waters. Thestruggle for control over the resources of the islandinvolved the municipal government, the indigenouspeople, and private vested rights (individuals,families and business entities). The Tagbanuas scoredtheir initial victory when in July 1990 the localDENR-Community Environment and NaturalResources Office (CENRO) awarded a CommunityForest Stewardship Agreement (CFSA) to TFCIcovering the entire island and a portion of DelianIsland (7 748 ha). The CFSA, however, does notsecure the Tagbanuas’ traditional fishing groundsand the resources therein.

With the issuance of their CADC andgovernment’s recognition of their rights over theirancestral domain, the challenge for TFCI is todevelop an ancestral domain management plan thatwill govern both conservation and developmentactivities within the area. While it has secured theirrights over the area, the issuance of the CADC didnot remove the obstacles and threats posed byprivate claims over portions of lands within thedomain. Sadly, the local government including thelocal DENR has been instrumental in perpetuatingthis situation each time they issue permits forresource use or extraction, or recognize privateclaims based on tax declarations (municipal govern-ment) in the Tagbanuas’ ancestral domain.

The problems are not confined to the terrestrialaspect of the Tagbanuas’ claim. Pearl farming has beenallowed to operate in the surrounding waters of theisland without prior notice to the Tagbanuas. Themunicipal council even issued a resolution, Resolu-tion Number 14, Series of 1997, which allowed themayor to enter into a memorandum of agreementwith a private corporation (Hikari SSP Corporation)for the latter’s lease in the area for the operation of apearl farm.

To date, the municipal government remainsopposed, albeit discreetly, to DENR recognition ofthe Tagbanuas’ ancestral waters. The concept ofancestral waters does not coincide with thegovernment’s plan to promote Coron, especiallyCoron Island as a world-class tourism area. UnderProclamation Number 219, the PTA has jurisdictionover Coron Island and the implementation of theTourism Management Plan (TMP) for the Calamianesarea. More recently, the DoT has identified KayanganLake as a potential tourist area without consulting theTagbanuas. Meanwhile, leaders of the TFCI havealleged that the CENRO, the local DENR officetasked to receive and process CADC applicationsissued certain licenses and permits such as pasturelease agreements within ancestral domain claims.Such actions contradict and undermine its decisionto endorse for approval the CADC application ofTFCI and the still existing CFSA that was issued bythe same office.

Interviews with TFCI officials, Tagbanua elders,local NGOs and others also revealed that privateinvestors and the local elite have been able to securetitle over areas which are allegedly forest lands andwithin ancestral domain claims. Illegal fishingoperators are allegedly able to influence municipalleaders and to evade arrest and prosecution16.

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Managing Conflicts and Decision-Managing Conflicts and Decision-Managing Conflicts and Decision-Managing Conflicts and Decision-Managing Conflicts and Decision-Making PMaking PMaking PMaking PMaking Prrrrrocessesocessesocessesocessesocesses

The Tagbanua communities on Coron Island arecollectively governed by a council of elders respon-sible for the observance of indigenous laws and theenforcement of customary laws, including impositionof penalties and sanctions for infractions. In the past,the system of panglaw, or corporal punishment wasused against Tagbanuas who willfully committedserious crimes. Over time, the use of panglaw hasdiminished as the roles of mediators (mepet) andkeepers of traditional laws were slowly replaced by thebarangay structure. The barangay organization and thecommunity council of elders add a modicum ofstructure. A number of Tagbanuas serve as barangayleaders as well.

There is an interface of formal and informalstructures where the legal system is beginning torecognize the non-formal management structures ofthe Tagbanuas. The Tagbanua community recognizesthe laws and policies at the barangay, municipal andnational laws.

With the advent of the barangay, the Tagbanuasput in writing the rules of their community withcorresponding fines and sanctions. They imposefines for illegal fishing, cutting mangroves, andviolation of local norms on swidden farming. Thefines are graduated and a higher fine is oftenimposed for non-Tagbanuas.

In the recent past, the elders started to exercisecontrol over resources. They had the right toappropriate the resources to the members of thecommunity. Everyone was free to find their ownplace, however, they were not allowed to sell it. Non-Tagbanuas, on the other hand, did not have anyproprietary rights to resources found within thetraditional ancestral domains of the Tagbanuas. Theelders also had to ensure the resources wouldcontinue to sustain the next generation. Ensuringthat the resources were safeguarded for the use of allcommunity members was a cardinal rule in Tagbanuasociety. The elders had the authority to punishwrongdoers.

Although it may seem that traditional laws andthe laws governing the barangay structure havebegun to overlap with the participation of some

Tagbanua leaders in the barangay political process,the elders and the officials of TFCI continue touphold their traditional laws, culture, belief systemand have chosen to maintain a non-commercialapproach in using their resources. The elders said ininterviews that they believe that it is precisely thisway of life that has sustained them as a people,nurtured by their ecologically intact and resource-rich ancestral domain (Aguilar and Dacullos,personal communications).

The Interface Between the National LegalThe Interface Between the National LegalThe Interface Between the National LegalThe Interface Between the National LegalThe Interface Between the National LegalSystem and the Management System of theSystem and the Management System of theSystem and the Management System of theSystem and the Management System of theSystem and the Management System of theTTTTTagbanuas in Coragbanuas in Coragbanuas in Coragbanuas in Coragbanuas in Coron Islandon Islandon Islandon Islandon Island

In 1977, President Ferdinand Marcos declaredthe entire province of Palawan a game refuge andbird sanctuary and the small islands of Palawan asnational reserves closed to exploitation and settle-ment. In 1978, Coron Island was declared a touristzone and marine reserve under the control of thePTA.

In 1992, RA 7611 or the Strategic EnvironmentPlan (SEP) for Palawan Act was passed. This pro-vides a “framework for the sustainable developmentof Palawan and shall serve as a guide to the localgovernments of Palawan and the local governmentagencies in the formulation of plans, programs, andprojects affecting the province” (Section 5). The lawprovides a graded system of protecting naturalresources in the whole of Palawan including areastraditionally occupied by cultural communities. Thelaw mandates the following:

! Forest conservation through the impositionof a total commercial logging ban in areas ofmaximum protection and other restricteduse;

! Protection of watersheds;! Preservation of biological diversity;! Protection of tribal people and their culture;! Maintenance of maximum sustainable yield;! Protection of rare and endangered species

and their habitats;! Provision of areas for environmental and

ecological research, education, and training;and

! Provision of areas for tourism and recre-ation.

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It is important to note that the SEP law recog-nizes “tribal areas in land and sea” and shall applythe same graded system upon proper consultationwith the tribe. The Tagbanuas have a managementsystem to ensure that all the above considerationsare met.

The Implementing Rules Regulations (IRR) ofRA 7611 enumerates areas for maximum protectionand buffer zones. Certain categories coincide withthe sacred areas of the Tagbanuas. These areas arerich in biodiversity. Thus, the goal of protecting aresource is achieved in different ways.

The IRR also considers areas of outstandingcultural value such as sacred and burial sites as areasfor maximum protection. The Municipality ofCoron, in Resolution Number 20, Series of 1995,also adopted the guidelines of the EnvironmentalCritical Network contained in RA 7611 and adoptedby the Palawan Council for Sustainable Develop-ment (PCSD). The coastal core zone in the IRR alsocoincides with areas where Tagbanuas restrict accessand use. These are selected coral reefs, seagrass, andmangrove ecosystems.

The municipal government has also enactedseveral municipal resolutions relating to the protec-tion of coastal and marine resources. Most of them,however, are replicas of national laws and policies.They are as follows:

! Ordinance Number 5, Series of 1993 -Prohibits the throwing of garbage in canals,vacant lots, and into the sea. The PCG, PNPand PPA, including all barangay officials, areempowered to implement the ordinance;

! Ordinance Number 4, Series of 1994 -Requires the registration of compressorsused for fishing and other underwateractivities operating in municipal waters;

! Ordinance Number 7, Series of 1994 -Banning hulbot-hulbot, lintig, baby muro-ami,norway, and other destructive fishingmethods within the municipal waters ofCoron, Palawan;

! Ordinance Number 3, Series of 1995 -Requires all fishing operators engaged inthe live fish trade to accredit with thecommunity fisheries board or its dulyauthorized representative in the municipal-

ity; and! Ordinance Number 6, Series of 1996 -

Makes it unlawful for any person to con-struct houses and other structures for thepurpose of dwelling within 10 m from thehigh water level of mangroves,swamps, lakes and other seaside areas unlessintended for development such as markets,ports and the like. Tourism related establish-ments are also exempt from the rule.

The recognition of the traditions of theTagbanuas was further strengthened when Congresspassed the Indigenous Peoples’ Rights Act (IPRA),which recognizes the right of indigenous peoples tomanage their ancestral domain. The IPRA has yet tobe fully implemented; but in mid-1998, the DENRissued a CADC recognizing the Tagbanuas’ claim tothe island of Coron and the surrounding waters.

The Tagbanuas’ indigenous management systemwas a great factor in the preservation of the coastaland marine environment in Coron Island. Theirindigenous concept is a precursor of the presentconcept of sustainable management of resources.However, there are numerous threats to theirenvironment and to their way of life. Tenure to theland and waters, which the Tagbanuas and theirancestors consider their home since time immemo-rial, is threatened by current legal regimes andexternal actors. Until now, their ancestral domainrights had not been recognized by the government.Their indigenous management system is now thesubject of incursions by external forces such as thelocal government and the tourism and fishingindustries.

Elders and the leaders of the TFCI explained ininterviews that coastal management is all aboutfinding a balance among the different users of theresources. They claimed they have never excludedother users from their ancestral domain claim.Other users, however, must learn to respect theirindigenous ways and management system, which isabout using the resource in a sustainable manner.

Apo Island, NegrApo Island, NegrApo Island, NegrApo Island, NegrApo Island, Negros Orientalos Orientalos Orientalos Orientalos Oriental

EnvirEnvirEnvirEnvirEnvironmental Ponmental Ponmental Ponmental Ponmental Prrrrrofileofileofileofileofile

Apo Island is a 74 ha volcanic island located at

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the southern coast of Negros Oriental in the middleof the Mindanao Sea. The island is under thepolitical jurisdiction of the Municipality of Dauin,Negros Oriental.

The highest peak is approximately 200 m highon the northern side while a low-lying hill domi-nates the southern half of the island. The rest of theisland is generally flat to sloping. Two small shallowlagoons overgrown with mangroves can also befound on the southeastern side. Little of the originalvegetation remains except in some steep, rockyareas. About one-third of the island has rich soil andis flat enough for cultivation. A narrow but diversefringing coral reef surrounds the island.

The coastline consists of steep rocky cliffs andsmall white sandy beaches. Two principal beachesare located on the southwestern and southeasternshores. Live corals are extensive on the eastern andsoutheastern portions of the reef with much of itsgrowth supported by volcanic rock boulders. Thereef is characterized by steep drop-offs and gradu-ally sloping drops of 20-40º decline.

Northeast (amihan) and southwest (habagat)monsoons affect wave action and fishing activitiesaround Apo Island. The amihan occurs from Novem-ber to March or April and inhibits fishing on thefavored northeast reef. The habagat occurs from Mayto September and October and provides calm seasand favorable conditions for fishing. The current ispredominantly wind driven, strong, non-reversingand consistently flows in a southwest direction atboth ebb and flood tides. Current direction rarelychanges throughout the year. Water visibility isexcellent usually reaching more than 100 ft(Calumpong 1997; DENR-CENRO Dumaguete1995; Silliman University Marine Laboratory SiteDescription Report, n.d.).

ResourResourResourResourResource Status and Demographicsce Status and Demographicsce Status and Demographicsce Status and Demographicsce Status and Demographics

The most significant coastal resource of theisland is its beautiful and abundant fringing coralreefs. About 1.78 ha have been established as a fishsanctuary earlier, before the whole island wasdeclared a protected area by the national govern-ment in 1993. The area has 127 species of reef fishbelonging to 25 families, 7 species of mangroves, 5

species of seagrasses and 23 species of seaweeds.Seagrasses and mangroves are very sparse and occuronly in small patches (Silliman University MarineLaboratory Site Description Report, n.d.).

The reef condition on the sanctuary sidechanged significantly over a 13-year period with atotal coral cover of 68% in 1983 to 78% in 1995.From 1992 to 1995, hard coral cover increased from41.3% to 53% while total sediment decreased from32% to 16%. The total coral cover of Apo Islandincreased from 64% in 1983 to 70% in 1995. Thepercentage of coral rubble is insignificant. Onehundred percent of Apo’s coral cover is in goodcondition (Silliman University Marine LaboratorySite Description Report, n.d.).

The sanctuary also showed a significant increasein fish species diversity and abundance from 1985 to1992. The increase in numbers of all target speciesresulted mostly from the lack of fishing pressure.Large marine life such as groupers, surgeonfishes,parrotfishes and jacks were found in abundantnumbers. Twenty-two species of butterfly fish wererecorded. In terms of fish yield, 16.8 t per km2 peryr was recorded in 1981. During 1985-1986, the fishyield for reef fishes was 31.8 t per km2 per yr and 4.9t per km2 per yr for non-reef fishes. In 1995, the totalcatch recorded was 273.99 t per km2 per yr indicatingan almost eight fold increase from 1985-1986 levels(Silliman University Marine Laboratory Site Descrip-tion Report, n.d.).

Land use in the island includes approximately 4ha for residential use, 4 ha for agricultural ormultiple use, and about 46 ha as a restoration zone.Total land area is 73 ha (DENR-CENRO Dumaguete1995).

About 77% of the population of Apo Island isfishing full time, 21% part time, and 2% fish occa-sionally. Others engage in retail businesses. Averagemonthly income per household is PhP 1 450 or US$33. About 38% of the population has a secondaryincome such as vending, hollow block making andhat/mat-weaving. Fishing involves the use ofoutrigger canoes or motorized pump boats. Themost common fishing method is the hook and line.Other methods are gill netting and spearfishingwhile a few use fish traps and beach seine nets.

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Farming is also practiced by 70% of the house-holds. Since there is a lack of arable land, crops suchas corn, sweet potatoes, cassava, beans, coconut,vegetables, other fruit trees and ipil-ipil are cultivatedin small farm plots. Livestock is also raised. One ofthe mangrove lagoons was converted into a milkfishpond by a group of local fishers in July 1995(Silliman University Marine Laboratory Site Descrip-tion Report, n.d. DENR-CENRO Dumaguete 1995).Apo Island has become a significant dive tourismdestination.

The island has approximately 250 householdswith an average family size of seven. Most of theparents have only an elementary education. Sixteenpercent of fathers and 11% of mothers went to highschool. Four percent of the mothers went to college.Illiteracy among adults is about 4%. Among thechildren, 60% have gone through or are undergoingelementary education, 20% in secondary, 7% intertiary and 13% are not enrolled in classes. All theresidents are Roman Catholics. The small size of theisland and salinity of the water do not attractmigration from other places so the Apo Islandcommunity is a close-knit traditional fishing com-munity (Silliman University Marine Laboratory SiteDescription Report, n.d.; DENR-CENRO Dumaguete1995).

Educational facilities in the area are limited totwo elementary school buildings. There are privatelyowned beach resort facilities developed for visitingtourists. A lighthouse operated by the PCG is foundon the highest point of the island.

ResourResourResourResourResource Usece Usece Usece Usece Use

Illegal fishing methods such as dynamite fishingand muro-ami were observed in 1977. Dynamite usewas introduced by outsiders from Cebu. Dynamitefishing by outsiders in the southwest reef wasstopped in 1985, but muro-ami still occurred occa-sionally (Calumpong 1997).

Between 1979 and 1980, Silliman University(SU) extension workers conducted informal marineconservation and educational programs with theApo Island residents. In 1982, an agreement wasreached between the island village, SU and theDauin municipal council regarding the guidelines of

the marine reserve. Minimal management andprotection was implemented the next year.

In 1984, the Marine Conservation and Develop-ment Program (MCDP) of Silliman Universityimplemented a comprehensive marine reserve onthe island in collaboration with the residents and theLGU. The entire marine habitat surrounding ApoIsland to 500 m offshore was declared a municipalreserve. The marine sanctuary was established onthe southeast side covering an area of 11.2 ha to 250m offshore or 284 ha to 500 m offshore and border-ing 450 m of shoreline. The sanctuary was markedwith buoys. In 1985, the community education centerwas established. It provided a venue for communitymeetings, workshops, seminars and lectures, and atourist shelter. A core group called the MarineManagement Committee, responsible for the upkeepand enforcement of the marine reserve, was alsoformed. In 1986, the consumers’ cooperative wasstarted (Calumpong 1997; Silliman University MarineLaboratory Site Description Report, n.d.).

Apo Island was declared a Protected Landscapeand Seascape under Presidential ProclamationNumber 438 making it part of the NIPAS. The islandis now under the administration of the PAMB, whichis composed of representatives from the DENR andother government agencies, LGU, the academe andthe community.

CommunityCommunityCommunityCommunityCommunity-Based Resour-Based Resour-Based Resour-Based Resour-Based Resource Managementce Managementce Managementce Managementce Management

The Apo Island experience was one of the firstcoastal management initiatives in the country thatused the community-based approach. Althoughinitially the major agent in this experience,Silliman University (SU) in Dumaguete City,intended to conduct purely academic research attheir project site, their involvement in the island’smanagement of its resources eventually took aradical turn. According to Mr Dado Suan, abarangay official, at the very start the university’sextension workers laid down a basic informationcampaign that would eventually pave the way forthe establishment of a marine reserve. Workshopsand meetings were held using a variety of non-formal techniques to cultivate environmentalawareness.

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Opposition to the establishment of the sanctu-ary came from the community itself. They were toldthe sanctuary could be disestablished if it did notbenefit the community. Information and educationactivities were held to make the community aware ofthe benefits of establishing the sanctuary. The localgovernment was supportive of the project from thestart because of the technical knowledge brought tothe area by the university. The project was later toserve as the model for other CBRM projects of thelocal government (Calumpong 1997).

With the establishment of the marine reserve, theneed for an organized community to sustain themanagement efforts coincided with the initiation ofthe MCDP of the university. This program aimed tostrengthen the Apo Island Marine Reserve byempowering the community to take responsibilityfor managing the natural resources of the wholeisland. Two community workers were assigned to Apo.They were responsible for organizing and sustainingcommunity participation. By developing relation-ships and strengthening local institutions, they builttrust in the community, introduced new ideas, andincreased the capacity of the people to make manage-ment decisions (Suan and Briones, personal commu-nication).

According to interviews with staff of SillimanUniversity Marine Laboratory (SUML) and SillimanUniversity-Legal Enforcement and Action Program(SU-LEAP), the program sought to identify a groupthat would be responsible for enforcing the regula-tions of the reserve. This core group grew out ofsome of the activities of the program such as thebuilding of a community center. Eventually, ageneral election was held to formalize the coregroup. Officials were chosen and the new group wascalled the Marine Management Committee (MMC).This committee, aside from being responsible forthe upkeep and policing of the marine reserve,proposed resolutions to the municipal council forthe improvement of the reserve and the island’smanagement.

A final component of the project was assistancein alternative livelihoods. Training was held on theestablishment of a cooperative. Mat weaving andagroforestry were strengthened and organizationsformed. A women’s weaving group called ApoWeaving Association enabled the women to earn

extra income by selling woven mats to tourists in theisland or by bringing them to the weekly market atMalatapay. A consumer’s cooperative was formed in1986 initially with 46 members. It now has 80members and runs a retail store (Omilig, personalcommunication).

The Resource Management Division (RMD) ofthe province also entered into a memorandum ofagreement with the DECS with regard to the makingof lesson plans on environment and natural re-sources protection for school children. In theseminars of the RMD, a priest is tasked to deliver alecture on stewardship and uses biblical teachings toincrease the environmental awareness of the com-munity. There are also attempts at integratingresource management efforts by including uplandbarangay officials in resource management seminarswhere they are informed how their activities affectthe coastal area.

The MMC is responsible for the upkeep of thesanctuary as well as collecting donations from thoseusing the facilities. Enforcement is carried out by theMMC. A 10-member barangay tanod team and a 26-member Bantay Dagat team conduct the policing andmonitoring. Violators are approached, given awarning, and assessed a fine. Community supportand successful enforcement over a 10-year periodresulted in very few incidents of violation accordingto Bantay Dagat members.

According to Omilig and Suan, the local govern-ment of the Municipality of Dauin and the barangaycouncil are supportive of the community efforts. TheRMD of the province sends technical assistance.Line agencies of the national government have beeninvolved in the efforts to manage the coastal andmarine resources and environment. One of DENR’smore important projects was its reforestation pro-gram that contributed to the desalination of thewater supply in the island. The people of Apo Islandpreviously brought their drinking water from themainland at a significant cost. Now their water ispotable (Omilig and Suan, personal communica-tion).

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Local and national laws contributed to theprotection of the coral reefs and fishery resources in

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Apo Island. In 1985, the entire marine habitatsurrounding Apo Island was declared a municipalreserve. Apo Island was also previously declared amarine reserve and tourist zone under ProclamationNumber 1801. Finally, in 1994, the island and itsvicinity (1.5 km of sea) was declared a protectedlandscape and seascape by Proclamation Number438 pursuant to the NIPAS Law.

The ordinance declaring the municipal reserveconsisted of two major parts. The first part prohib-ited several fishing methods within 300 m of thehigh tide mark. The prohibited activities werealready covered by national laws e.g., dynamitefishing, muro-ami and cyanide fishing. Only hookand line, bamboo traps, gill nets, spearfishingwithout scuba, and traditional gleaning are allowed.The second part of the ordinance established a corezone in the southeast corner of the island, which wasto be known as the sanctuary. No fishing or collect-ing activities are allowed in this sanctuary. Theanchoring of boats is allowed so long as the coralsare not destroyed. This ordinance recognized theintersectoral initiative in establishing the reserve aswell as the central role of the community in itsmanagement.

Proclamation Number 438 (issued on 9 August1994) established 691.45 ha of marine area aroundand including the island into a protected landscapeand seascape. This placed the area under theadministration and control of the DENR in coordi-nation with the local government of Dauin pursuantto the NIPAS Law. Sustainable development of thearea is addressed in order to respond to the socialand economic needs of the local community withoutcausing adverse impact to the environment. Destruc-tion of the coral reef or other activities that woulddisturb or destroy the ecosystem was prohibited.

As of 1997, there were still no PAMB regulationsthat would provide guidelines for the different usesallowed inside the protected area. With regard todiving activities, divers are required to register withthe Bantay Dagat but it has been pointed out thatthey seldom do. The proposal is to limit the numberof divers in the sanctuary to 10 at any given time.

Suan said a legal question that confronts thecommunity of Apo Island is security of tenure overthe land. The existing regime of land ownership on

the island is described as traditional rather thanformal. People inherit land from their ancestors andit can be tilled by others if the owner is not capableof tilling the inherited property.

There have been efforts to title their propertiesbut they were advised it is not worth the effortbecause the whole procedure would be costly. Landcan be sold but as much as possible such transactionsare limited to island residents. During the term ofSecretary Angel Alcala in the DENR, a moratoriumon the transfer of land was declared to prevent thefurther development of resorts. At present, there areno efforts in the PAMB to recognize the tenurialclaims of the community through legal instruments.

Management Issues and ConstraintsManagement Issues and ConstraintsManagement Issues and ConstraintsManagement Issues and ConstraintsManagement Issues and Constraints

Probably the biggest problem confronting theApo Island protected area at present is dive tourism.Because of its excellent coral cover relative to therest of the country, Apo has become an increasinglypopular destination for scuba diving. The largenumber of tourists and dive boats has become athreat to reef quality. The problem began to attractattention in 1993 when about 200 divers visited theisland in November and December (Vogt 1996).

The role of the foreign-owned tourist divingschool and shop on the island is being examinedgiven the status of the area as a protected landscapeand seascape. Ironically, the diving school wasgranted an ECC by the DENR although allegedlyfor a different purpose. Student divers are especiallyprone to cause damage to the corals because ofignorance, negligence and inexperience. Theconduct of such activities is highly consequential tothe environmental well-being of the island given itssmall size and fragile ecosystem (Vogt 1996).

The community and LGU, through the PAMBare developing regulations and guidelines for scubadiving at Apo to ensure that the community benefitsfrom the activity and that it can be maintained at asustainable level. The financial benefits of transport-ing tourists to the island are substantial. In theresort and dive shop, jobs have been provided tofour members of the local community (Vogt 1996).

However, it is the dive resort owner and divetour operators who benefit most from tourism on the

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island. As was the case in commodity resourceextraction, fishpond development, and exportoriented fisheries development, the community wasalways the last to benefit. With this latest pattern ofresource exploitation, the dive resort and touroperators exploit a resource largely owned by thecommunity. According to Omilig, they get well paidby the tourists yet pay only token fees to the commu-nity, PhP 100 per day for big pump boats, PhP 50per day for bancas, and PhP 50 per tourist. Suansaid that another issue which has tested the patienceof Apo residents is the larger lagoon on the islandbeing acquired by an outsider through a fishpondlease agreement with the DA. Aside from deprivingaccess to the whole community, the fishpond ownerhas also cut mangroves replanted by residents undera DENR program. Some members of the communityhave been arrested for illegally harvesting from thelagoon, which was formerly community property.

Another management constraint is the lack offinancial resources. Since the budget is limited, thecommunity adjusts its management strategies to theavailable funds. Once the regulations from thePAMB are implemented, there is also a question ofwhere collected fees will go since the law providesthat a portion go to the national government for theNIPAS administration, and another portion to thePAMB for disbursement to the protected areasuperintendent. There is no provision in the lawthat states that collected fees can go to local POs orNGOs, even if these organizations have beenresponsible for the establishment and sustainabilityof the reserve long before the government came into share in its success.

With regard to the Bantay Dagat, some membersare not as diligent in their duties because they donot receive any allowances or remuneration for theirwork. They claim the job is purely voluntary and thevolunteers still have to earn a living.

Omilig (personal communication) pointed outthat some alternative livelihood projects suffersetbacks. The objectives of the agroforestry projectsare not on schedule because of late disbursement offunds by the DENR. The reason is that the DENRruns out of money and the salary for laborers of thereforestation program are not paid. The hog-raisingproject of the DENR-CEP was not successful because

the hogs died of disease, temporarily suspendingthe project.

The influx of government interventions alsocreated confusion about the roles and responsibili-ties of stakeholders in relation to the community-based management structure. The latest of thesegovernment interventions is the PAMB, which ismandated under national law to be the administra-tive body in charge of the protected area. However,the real powers are vested in the DENR secretaryand the local Protected Areas and Wildlife Division(PAWD) of the DENR.

Even with its tradition of community-baseddecisionmaking, the coastal resource managementregime in Apo Island is legally tenuous in theabsence of clear laws giving the community realpowers of management and policymaking. TheNIPAS law provides the DENR Secretary with thepower to adopt a program of gradual resettlementoff the island of the tenured community, the exer-cise of which is largely discretionary. Though theexercise of such a power is doubtful, given thecrucial role the community plays in the care andprotection of the island’s ecosystem, the present set-up still brings to the fore the lack of legal mecha-nisms to strengthen community-based resourcemanagement institution.

At present, the role of the community under thelaw is limited to participating in the decisionmakingof the PAMB. The law does not distinguish betweenthe major role they play and the supporting role ofthe other represented sectors in the PAMB. Thepresent PAMB is reactive in the conduct of itsmanagement functions. They respond to problemsinstead of establishing guidelines to head offproblems.

Vice-mayor Briones of Dauin, Negros Oriental,said that there are also coordination problemsbetween the municipal government and the RMD ofthe provincial government. As has been observed bythe municipal government, the RMD sometimesgoes directly to the community without coordinatingits activities with the municipal government. Themunicipal government also lacks equipment andresources to conduct monitoring. Capability build-ing initiatives consist of seminars on environmental

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protection and coastal resources management. Theirextension service to Apo Island consists of a munici-pal health employee. They have not been able toprovide assistance in the community’s livelihoodprograms.

At the provincial level, the resource manage-ment division of the provincial government wasinitiated during the incumbency of GovernorSocrates. The problem of institutionalizing resourcemanagement remains an issue because the presentstaff are population officers from the defunctpopulation program of the national government.With the change in governor, the RMD might beabsorbed by the Provincial Agriculture Office (PAO)that deals with production rather than conservationand resource management. Another layer was addedwith the recent creation of the Provincial Environ-ment and Natural Resources Office (PENRO). Theeffect of the creation of this office with existingfunctions of the RMD is still unstudied. It is fearedthat its functions will overlap with those of theexisting RMD.

The enforcement of national laws and the lackof policy on territorial use rights are a concern.Outside fishers are the major users of destructivefishing practices. Even in a small island communitysuch as Apo, local politics still causes disunity andresource management problems because the island-ers support different politicians or have differentpolitical godfathers.

Bolinao, PBolinao, PBolinao, PBolinao, PBolinao, Pangasinanangasinanangasinanangasinanangasinan

On 6 August 1999, the DENR denied “withfinality”, the application for an ECC of thePangasinan Cement Corporation (PCC) for itsproposed cement plant complex to be located in thetown of Bolinao in Pangasinan. It was a decision thatspelled victory for the environment and advocates ofsustainable development. To the project proponent,DENR’s decision was seen as anti-development. Butthe public saw it as a reaffirmation and advancementof the power of civil society, particularly local POs,to meaningfully participate and influence decisionson matters that have far-reaching implications onthe sustainability of life and the resource base.

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The town of Bolinao is located on a cape at thenorthwestern tip of Pangasinan, bounded on thenorth and west by the South China Sea, on the eastby the town of Anda and Caquiputan Channel, andthe town of Bani on the south. The town has a totalland area of 23 320 ha. The town is 365 km awayfrom Manila by land via Dagupan City (Ferrer et al.1996).

Agriculturally productive land is 47% of thetotal land area. This is made up of irrigated, rainfedand upland or hilly lands. The rest of the area isclassified either as built up (470 ha), pasture, forest-land, institutional or infrastructure (2 529 ha), fishpond (641 ha), open range (1 888 ha), or rivers andcreeks (430 ha). Farmlands are mostly planted to rice,with some corn, cassava and other root crops, coco-nut, fruit trees, fuel wood and others (Yambao andSalmo 1997).

The town of Bolinao is composed of 30barangays, with 22 located along the coast. Thetopography of the town is characterized by rockyand hilly terrain. About 40% (9 099 ha) of the area isflat while the rest is sloping. Limestone is abundantand phosphate is common in the area.

Bolinao has the most extensive coral reefformation in the Province of Pangasinan. The reefstretches to the islands of Santiago and Dewey, andalong the northwestern coast of the mainland, atotal area of about 8 000 ha. The reef consistsprimarily of slopes and flats separated by a wavebreaking reef crest. The average coral cover on theslope is approximately 20-30%. The Bolinao reefsystem serves as a critical support system for theassociated shelf systems in Pangasinan and LaUnion. Substantial amounts of invertebrates,seaweed and fish are found in reef flats. The exten-sive reef cover of Bolinao accounts for about 270 ofthe more than 350 different species of finfish, shells,seaweed and other edible marine organisms that canbe found in the local markets around Bolinao(McManus and Chua 1990).

In 1986, a survey by scientists from the UP-MSIrevealed that 60% of the coral reef is already dead

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largely due to blast fishing and the use of sodiumcyanide. The condition of the coral reef is furtherreflected in the small number of adult fish and thedecline in average fish catch. According to datafrom the Lingayen port, the Bolinao reef fisheryused to yield an average of 430 t of finfish and30% of the country’s aquarium fish exports(LGCAMC 1996).

Seagrasses are dominant in 27 km2 of the reefflat, interspersed with a few square kilometers ofinter-tidal sand flats. Rabbitfishes andcardinalfishes abound in these areas.Cardinalfishes are known to depend on corals forcover during the day. Substantial change in theseagrass fish community is expected if the coralcover of the area continues to deteriorate.

In the 1960s, mangrove trees covered a largepart of the town’s riverbanks. The coverage startedto dwindle when fishponds were opened in the1970s. The rapid loss of mangrove cover contrib-uted to the rapid decline of bangus fry alreadyimperiled by rampant blast fishing.

Bolinao had a total population of 52 701(1992) or 9 944 households, composed ofBolinaoans, Ilocanos and Bisayans. About 3 000 ofthe local population are small-scale fishers whodepend on the highly diverse coral reef fishery.Analysts project that the population could doublein the next 30 years (Juinio-Menez et al. 1995)which may potentially lead to increase pressures oncoastal resources as opportunities in agricultureand industry remain limited (McManus et al.1992). Without a comprehensive response, thistrend could lead to an acceleration of the environ-mental degradation of the area.

Incomes in Bolinao fall below the povertylevel. Based on 1990 data from the DAR (Bolinaooffice), 49% of the population engaged in farmingand 31% worked in the fishery. The rest of thepopulation engaged in trade and industry (4%),commerce (3%), or services (11%). It was observedthat with the poor performance of agriculture ingenerating significant income more households areexpected to turn to the fishery in order to supple-ment family income. By itself, fishing provides thelowest average monthly income at PhP 1 830. This

is substantially below the 1990 poverty level (PhP 2650) set by the DA (McManus et al. 1992).

In 1992, the combined production fromoffshore fishing activities by motorized and non-motorized boats totaled 1 595 t, mostly tuna. Inthe same year, inland fishponds, which are spreadover 642 ha, had a harvest of 1 339 t. Takentogether, these generated 2 934 t which, at PhP 50/kilo, is a gross sale of PhP 146 700 000. Despitethese figures, there is an occupational immobilityamong the local marginal population.

One-third (35%) of the local population didnot go to school while 7% received trainingbeyond high school. Given the poor condition ofexisting educational facilities or their completeabsence, there is little incentive for a family tosend their children to school. Employing theirchildren in the gathering of marketable reeforganisms supplements family income.

Nearshore, fishing is another popular fishgathering activity and it is undertaken all yearround. Fishers usually use bamboo rafts or non-motorized outrigger boats. The average fish catchis 2 kg, which is sold to neighbors or fish vendorsat the local wet market. Deep-sea fish also aboundin the market and these are especially popular withtourists. Fish catch includes yellowfin tuna, skip-jack, tanguigue and blue marlin. These fish arehighly profitable and are readily shipped toManila by fish dealers.

Bangus fry gathering is also another source oflivelihood for coastal residents. Gathering is donefrom March to August. Fry gatherers sell theircatch to concessionaires who dictate the price per1 000 pieces of fry. Thirty percent of the pricegoes to the concessionaire. At one time, the priceper 1 000 fry was PhP 900 but was reduced to PhP700. Gatherers have opted not to harvest duringmonths when prices are relatively low (McManus etal. 1992).

The shellcraft business is the most lucrative,among the fishery-related activities, providing PhP1 350/month (Juinio-Menez et al. 1995). Most ofthose engaged in this activity are women. Fish,seaweed and various invertebrates are harvested by

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women and children at low tide since thesemarine products are part of the traditional diet oflocal subsistence communities. Sea urchins alsoabound in Bolinao. The growing local demand forsea urchin roe has led to greater harvesting andimprovisations in harvesting gear.

A study conducted by the UP-MSI revealed thereefs of Bolinao were overexploited and deteriorat-ing because of destructive fishing methods and othercauses. Blast fishing was observed on both the reefslopes and the reef flats (McManus et al. 1992). Thiswas widely used by fishers in the reef areas in order tofacilitate harvest of schools of pelagic fish. This andthe use of sodium cyanide in aquarium fish gatheringcontribute to the degradation of Bolinao’s coastal andmarine ecosystem and the rapid depletion of re-sources. This situation is now taking its toll on thelivelihoods of the local people, threatening thesustainability of the community. Against this back-ground, three development-oriented organizationsundertook various initiatives. Initially workingindependently from each other, they eventuallyforged a tripartite partnership to undertake acommunity-based coastal resources managementproject. The project was undertaken in partnershipwith the local communities and in close coordinationwith the municipal government of Bolinao.

The Bolinao CommunityThe Bolinao CommunityThe Bolinao CommunityThe Bolinao CommunityThe Bolinao Community-Based Coastal-Based Coastal-Based Coastal-Based Coastal-Based CoastalResourResourResourResourResources Management Pces Management Pces Management Pces Management Pces Management Prrrrrojectojectojectojectoject

The Community-Based Coastal ResourcesManagement (CB-CRM) project in Bolinao has thecombined expertise of the UP-MSI (physical sci-ences), the UP-College of Social Work and Commu-nity Development (social sciences) and the HaribonFoundation (community organizing).

In 1976, UP-MSI began its systematic survey ofthe status of coral reefs in the country. This initiativehas already assessed more than 600 sites. In 1985,this initiative expanded and included seagrass andmangrove ecosystems. Their involvement in theLingayen Gulf began in 1986 when they decided tobroaden their research interests to include resourcemanagement of the gulf. Specifically, the projectfocused on the coral reefs located on the Bolinao-Anda shelf. With funds from Australian Center forInternational Agricultural Research (ACIAR), UP-MSI

began a project on the biology and culture of giantclams. A hatchery and an ocean-based nursery wereestablished.

In 1987, UP-MSI launched its seaweed project totransfer seaweed culture technology to local fishers.UP-MSI and International Development ResearchCenter (IDRC) also saw the project as an opportunityfor members of the local communities to be involvedin the management of those resources using thetechnology established through UP-MSI’s scientificstudies. However, the project was met with apathy bylocal fishers. This was perhaps due to the lack ofcommunity involvement in the planning and initialimplementation of the project. The limited success ofthe two projects made UP-MSI realize the need forpeople’s support for project implementation. UP-MSIfelt a socioeconomic study would be helpful infinding the best way to proceed with the resourcemanagement project.

In 1992, UP-MSI, together with a team fromCSWCD, put together a proposal to undertakeparticipatory action research on CB-CRM. Theproposal obtained funding from IDRC of Canada.The main objective of the research project was “todevelop a participatory process of generatingknowledge and understanding of the communities’resources and social system” in a manner that willdraw in community participation in all aspects and atdifferent levels of the project’s implementation”(Ferrer et al. 1996). The project was initially imple-mented in four coastal barangays of Bolinao, namelyArnedo and Balingasay on the mainland and Pilarand Binabalian on Santiago Island.

FFFFFormation of Community Orormation of Community Orormation of Community Orormation of Community Orormation of Community Organizationsganizationsganizationsganizationsganizations

The CSWCD team, using the participatoryapproach, gathered information on the social andresource management system prevailing in theselected sites. Together, the project staff and mem-bers of the community identified critical issuesconfronting the community and formulated possiblesolutions to those problems. Using ParticipatoryRural Appraisal (PRA), the research team made anin-depth examination of the cultural, legal/institu-tional and marketing/technology aspects of localcoastal resource management. The team was able toidentify the best way to organize the community was

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to introduce concepts in environmental education,skills community members must learn for livelihooddevelopment, skills for resource management, andskills that will help build up the community, estab-lish, and strengthen its links to like-minded groups.Based on the results of the PRA and its subsequentvalidation by community members, UP-MSI andCSWCD saw the need to engage the expertise of theHaribon Foundation for the community-organizingcomponent of the project. Haribon officially joinedthe team in October 1993. The team set out to formcore groups in the selected sites.

The core groups were formed from those whoshowed interest in the initial activities of the project.In Barangay Arnedo, the core group was formed intoa “techno livelihood cell” for the seaweed farmingproject started earlier by MSI. This project wasenvisioned as an economically viable and self-sustaining supplemental livelihood activity. Toensure the success of the project, the cell memberswent through leadership development sessions andtechnical training so they could participate in thefuture management of the resource. It failed toflourish due to technical, economic and socialshortcomings in the project’s design.

Guided by lessons learned from the seaweedproject, the team made the shift from primarily anaquaculture program to a community wide CRMP.Beginning in Barangay Arnedo, the team used theinitial core groups as springboards for the transition.This time the principal goal was the formation of alocal organization of fishers that would take the leadin resource management. Based on the concept“resource user manager,” the project began to focuson the sitios (communities smaller than barangay),where most of the fishers reside, in the middle of1994.

Through continuous environmental education,training in livelihood development, resource man-agement and basic leadership courses, the coregroup was finally ready to formally establish theirlocal organization. On 25 June 1995, the first localenvironmental organization in Bolinao was born.The Samahang Pangkalikasan ng Arnedo (SAPA) beganwith 64 individuals. Local organizations werelikewise formed in the rest of the sites—Samahan ngmga Mangingisda ng Binabalian (SAMMABI),

Samahan ng mga Mangingisda at Mamamayan ngBalingasay (SAMMABAL) and the Samahan ng mgaMangingisda at Mamamayan para sa Kalikasan ng Pilar(SAMMAKA). By October 1996, these four POsdecided to form themselves into a federation andwas initially named Federation of Fishers of Bolinao(FFB). Later the group adopted the name Kaisahanng mga Samahan para sa Kalikasan (KAISAKA). ThesePOs were instrumental in the formulation of theMCDP of Bolinao. The resource use maps theyprepared (with the aid of the CB-CRM projecttechnical staff) became the bedrock of the proposedcoastal development plan that was eventuallyapproved by the Bolinao municipal government.

During the time the project team was facilitatingthe formation of local organizations, a majorenvironmental issue confronted the town. Aninternational consortium submitted a proposal tothe Philippine government to build a cement plantcomplex in Bolinao. The PCC submitted its EIS toDENR to address the potential environmentalimpacts of the proposed project. On 2 November1995, the DENR denied PCC’s application for anECC due to lack of information on three importantissues in their EIS. The PCC made an additionalsubmission to EMB addressing the concerns raisedby the EIA review committee.

The news spread quickly and soon an informalgroup was formed to oppose the project. Everythingthe local fishers learned from the environmentaleducation courses became very important in sustain-ing the campaign and the people’s commitment.The local opposition addressed all the major claimsthat were made in the EIS submitted by PCC. Thiswas the first time for such advocacy before the EIAsystem.

On 6 August 1996, the DENR denied “withfinality” PCC’s application for an ECC. Among thereasons cited by DENR for denying the ECC appli-cation was land and resource use conflicts. In hisletter to Mr. Andrew Wang (6 August 1996), PCCGeneral Manager, DENR Secretary Victor O. Ramosruled that the cement project will “seriously competewith existing and articulated land, marine and waterusage in the area”. Based on the Lingayen GulfCoastal Area Management Plan (LGCAMP), thepreferred activities in the Lingayen Gulf, which

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includes the town of Bolinao, are fishing andecotourism. To allow the project to proceed wouldadd to resource use conflict, as the project wouldhave to compete for locally available resources suchas non-saline water and limited land availability.Moreover, as far as the DENR is concerned, to issuean ECC for the cement project will be a violation ofthe principles of integrated coastal management.The DENR made the decision as an “ultimateprecautionary measure” since the PCC, even withthe additional information that it submitted, failedto satisfactorily address the threat of serious environ-mental damage posed by the project.

The project team considered the decision on thecement plant as a breakthrough in their CB-CRMefforts. As early as 1994, the idea of formulating azoning plan for Bolinao was already on the agenda.The project was focused on the organization of localcommunities and enhancement of their capability todirectly manage their resources within the frame-work of sustainable community development.Progress in putting together a coastal zoning planwas very slow and participation in the formulation ofa proposed plan had been limited to the groupsinvolved in the project. The local government didnot see the need for such a plan until the cementplant proposal. One of the positive things thathappened as a result of the cement plant issue wasthe hastening of the process that eventually led tothe adoption by the local government of the MCDPfor Bolinao. What is even more significant about thisexperience is that the MCDP was formulatedthrough the CB-CRM approach and managed tomake the shift and adopt the ICM approach whichwas particularly crucial to the plan’s institutionaliza-tion and its implementation.

The Bolinao Municipal Coastal DevelopmentThe Bolinao Municipal Coastal DevelopmentThe Bolinao Municipal Coastal DevelopmentThe Bolinao Municipal Coastal DevelopmentThe Bolinao Municipal Coastal DevelopmentPlan (MCDP): FPlan (MCDP): FPlan (MCDP): FPlan (MCDP): FPlan (MCDP): Frrrrrom CB-CRM to ICMom CB-CRM to ICMom CB-CRM to ICMom CB-CRM to ICMom CB-CRM to ICM

Draft reports prepared by UP-MSI in 1997 showthat the idea to develop a zoning plan for Bolinaobegan in 1994. But it was the cement plant issue thathastened the process of formulation. Banking on theresults of its earlier work coupled with their knowl-edge and acquired skill in coastal zoning, the CB-CRM project team offered technical assistance to themunicipal government for the preparation of the

plan (Yambao, personal communications). The initialinputs came from the “ad hoc thematic team” formedearlier (March 1996) by the CB-CRM project team.Their consolidated output included the conceptualand operational framework that guided the formula-tion of the plan.

In order to influence the formulation of theplan, the CB-CRM project staff enhanced theirknowledge and skills in coastal zoning through aseminar conducted in April 1996. The same seminarwas given (May 1996) to the officers and members oflocal community organizations. As with the firstgroup, the participants produced resource use mapsthat were specifically oriented to the marine protectedareas in the municipal waters of the barangays theArnedo, Balingasay and Binabalian and the man-grove rehabilitation area in Pilar and Victory. Thesemaps were refined and later revalidated through aseries of inter-PO consultations and consolidated intoone map which was further refined by the projectteam and packaged as a proposed coastal develop-ment plan (PCDP).

In the meantime, the CB-CRM was carrying onwith their coastal development planning process.Members of the project team had already begun toorient key individuals in the municipal governmentabout CDP and the significant role local governmentsplay in leading the process. The municipal govern-ment was informed about KAISAKA’s initiative andhow that initiative could be transformed into acollaborative effort between the LGU and the localgroups. The municipal mayor took up the idea andgave his support to the local people’s initiative. Apre-consultation meeting was convened (November1996) wherein KAISAKA’s version of the CDP waspresented, validated and refined. This meeting wasattended by representatives of the municipal govern-ment, local groups and concerned individuals.During the same meeting, the preliminary results of astudy on land evaluation were presented and someportions were integrated into the proposed CDP. Theconsolidated version resulting from this exercisebecame the PCDP that was endorsed by the Bolinaomunicipal government and KAISAKA. This consoli-dated version was presented during the multi-sectorconsultation that was held on 5 and 10 December1996.

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According to Alex Yambao, CB-CRM staff, themulti-sectoral consultation was the first large gather-ing of local officials, community, and PO leadersthat took place after the decision on the controver-sial proposed cement plant project. The consultationwas attended by barangay leaders, heads of barangay-based organizations, members of the local media,representatives of the provincial government,members of other local government agencies andconcerned individuals. This had the support of theLGCAM Committee (LGCAMC), the regional officeof NEDA and the DA, the Provincial PlanningDevelopment Office of the province of Pangasinan,and the support of Congressman Hernani Braganza.

From this consultation, a multi-sector committeewas formed with the principal task of formulating aCDP for the town. To secure this gain and strengthenits mandate, the municipal mayor signed EO 6,Series of 1996, which institutionalized the multi-sector committee on the CDP. In addition to formu-lating the MCDP, it was also mandated to providethe offices of the mayor and the Municipal Develop-ment Council (MDC) information needed for policydecisions. The committee was composed of 21representatives from the municipal government, theLiga ng mga Barangay, the religious sector, commer-cial fishers, small fishers, business, tourism, fishpond operators, fish dealers, fish pen operators,ferry boat operators, and environmental advocates.The four POs that formed KAISAKA were alsorepresented on the committee. The CB-CRM ProjectTeam provided technical assistance to the committee,the office of the MPDC provided logistical support,and the mayor set up a fund to support the commit-tee.

The committee (later known as the CDP-Techni-cal Working Group) formulated its own vision-mission-goal statement. Several amendments andrevisions were made to the draft based on thedocumentation from consultations and meetingsconducted with the stakeholders. After editing andpackaging by the CB-CRM Project Team, the PCDPwas approved by the CDP-TWG on 25 October 1997.It was formally submitted to the municipal govern-ment on 8 November 1997.

Copies of the proposed plan were subsequentlygiven to the mayor and the Sangguniang Bayan (SB)for appropriate action. Copies of the proposed CDPwere given to other government institutions in theregion that expressed interest. Among them were theLGCAMC, DA, DENR and NEDA. The first step wasto get approval and endorsement from the MDC.This was a crucial stage as the MDC reviews andapproves all proposed local development plans andendorses them for legislative action to the SB.

On 6 December 1997, the MDC passed MDCResolution Number 2, Series of 1997, approving theplan and endorsing its legislation by the SB. The SBset a meeting 13 December 1997 to discuss theproposed plan and address some contentiousprovisions. That meeting was attended by membersof the CDP-TWG and the CB-CRM Project. The SBraised concerns about fish pens, fish cages, theMPAs, and the powers and functions of the proposedBolinao Coastal Development Council (BCDC). TheTWG and the CB-CRM Project Team tackled theissues raised. All three parties agreed that issues andmodifications to the plan could be tackled duringthe preparation of its IRR. The plan was officiallyadopted on 19 January 1998 with the passage of SBResolution Number 6, Series of 1998. The SB startedworking on the enabling ordinance. TheSangguniang Panlalawigan (SP) of Pangasinan has alsoapproved the resolution passed by the SB of Bolinao.

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When the CB-CRM Project began in 1992,resource use conflict was one of the issues thatplagued the fisheries sector and the coastal zone ofBolinao. Fish pen and fish cage operations are thepredominant activities in the municipal waters.Others are siganids and bangus fry concessionaires.In 1997, the municipal government earned PhP 4million from these activities in the form of localtaxes, fees, permits and licenses. This figure reflectsthe heavy reliance of the town’s economy on itsfisheries. There are also non-formal resource useactivities including subsistence fishers who fish tomeet the family’s daily nutritional needs and forsupplemental income. Within this sub-sector, womenand children are significant members of theworkforce.

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Yambao and Salmo (1997) recalled that in orderto regulate harvesting and sustain the availability ofcommercially important fisheries resources, themunicipal government designated closed seasons forfishery activities. However, municipal control overresource use has been very limited. Licensing, theimposition of fees and the granting of permits areother means used by the LGU to control resource use.These have shown limited impact in terms of chang-ing the behavior of resource users.

The enactment of the enabling ordinance of theCDP gave the municipal government greater “flexibil-ity” and a clearer direction in its exercise of itsdevolved functions of coastal and fisheries resourcesmanagement. The municipal government, in spite ofthe long presence of the UP-MSI laboratory, hadearlier failed to avail of the latter’s expertise incoming up with a “socially appropriate and scientifi-cally sound” comprehensive management response,according to Yambao. This situation was what the CB-CRM program aimed to address when it started in1993.

The Bolinao Coastal Development Plan:The Bolinao Coastal Development Plan:The Bolinao Coastal Development Plan:The Bolinao Coastal Development Plan:The Bolinao Coastal Development Plan:StrStrStrStrStrengths and Opportunitiesengths and Opportunitiesengths and Opportunitiesengths and Opportunitiesengths and Opportunities

The Bolinao Coastal Development Plan (BCDP)is perhaps the first municipal development plan tohave been formulated in a highly participatorymanner and with particular focus on sustainable andequitable coastal resource development and partici-patory environmental management. The plan makesa bold attempt at striking a balance between privi-lege and responsibility. The plan gives preferentialadvantage to small and marginal fishers in the useand management of local fishery resources even as itupholds the rights of other user groups. The planalso expects local resource users to achieve certainskills and knowledge in order to meet the demandfor enhanced capacity in carrying out the task ofkeeping both resources and environment healthyand sustainable.

The plan is replete with provisions on people’sparticipation and emphasizes the value of tradi-tional knowledge and technologies in sustainablemanagement, development and conservation ofcoastal and fishery resources. It also promotes theformation of local POs and cooperatives and their

participation in the tasks of managing, protectingand developing local coastal and fishery resources.Under the BCDP, the municipal waters of Bolinao aredesignated into four zones:

! Zone 1 for Eco-tourism;! Zone 2 for Multiple Use;! Zone 3 for Fishery Management; and! Zone 4 for Trade and Navigation.

This prioritization of use does not preclude theconduct and management of other activities asappropriate within these priority zones (Section 20,BCDP). The plan specifies the boundaries of eachzone, identifies particular areas within each of thosethat have been designated for special uses oractivities, and provides regulations and managementsystems for those activities. For instance, within theEco-tourism Zone, there is a designated bangus frygathering. Access to this area is limited to dulyregistered and accredited groups, i.e. cooperatives ofmunicipal fishers and local POs, and that the grantof exclusive gathering privileges is exercised by theSB.

The plan is a comprehensive document thattackles the many issues surrounding the coastalenvironment and fishery resources of Bolinao. Itdeals with equity issues, user rights and privileges aswell as user responsibilities. It also provides guide-lines for specific activities in areas that have beendesignated for special purposes as well as prohibitedacts. While the task of implementing the plan fallslargely on the municipal government, the planclearly provides for an active and direct communityinvolvement in its implementation. There is animplied recognition in the way the plan has beendrafted with the participation of local fisher groups,organizations in allied activities, communities, andscientists helping to achieve its aims.

The mechanism provided in the plan thatfacilitates consultation and coordination in itsimplementation is embodied in the proposedBolinao Coastal Development and ManagementCouncil (BCDMC). A careful study of this bodyreveals that in almost all aspects of the plan, part-nership between the LGU and local community isstrongly encouraged. There are as many seats fornon-government representatives as there are for

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representatives of local government offices. AlthoughBCDMC does not have regulatory powers, it is arecommendatory body tasked to coordinate withconcerned LGU and local groups on matters con-cerning law enforcement, dispute resolution, andother activities that promote the plan. The plan offersmany opportunities for innovation in local sustain-able resource use. The challenge is to make thispartnership work effectively for the environment aswell as for building confidence in this newly forgedpartnership.

Batangas BayBatangas BayBatangas BayBatangas BayBatangas Bay, Batangas, Batangas, Batangas, Batangas, Batangas

The Batangas Bay Region (BBR) is located inthe southern portion of the Province of Batangas,which occupies the southwestern part of LuzonIsland. This is one of three demonstration sites of theGEF/UNDP/IMO17 Regional Program for the Preven-tion and Management of Marine Pollution in the EastAsian Seas (MPP-EAS) established in 1993.

EnvirEnvirEnvirEnvirEnvironmental Ponmental Ponmental Ponmental Ponmental Prrrrrofileofileofileofileofile18

The region has a total land area of 1 460.7 km2

and a coastline of 470 km. This extends to theMunicipality of Tingloy in Maricaban Island in thesouth, while the north, south and west boundariesare delineated by the watersheds that drain into theBatangas Bay. The region has 14 coastal and inlandmunicipalities, including the cities of Lipa andBatangas and portions of Lobo and Verde Island.The bay itself forms a semi-enclosed body of waterwith an average depth of about 200 m making itideal for international port and harbor develop-ment. This bay has a water area of about 220 km2.

The entire BBR is essentially an agriculturalarea. In 1985, about 60% of its total land area wasplanted with sugarcane, rice, corn, coconut andfruits. Secondary forest occupies only 9% and isalmost nonexistent in the coastal areas. Settlementareas constitute less than 5%. Commercial raising oflivestock, especially poultry and pigs, is a growingindustry making BBR a primary supplier of poultryand meat products in the Southern Tagalog Region

and Metro Manila. Livestock growing has grownsuch that it has encroached on some ricefields andcoastal lands. Fish ponds cover about 100 ha, mainlyin Batangas City. This is about a quarter of the areadevoted to aquaculture a decade ago. Some fish-ponds have been converted to commercial, indus-trial and residential use.

Batangas Bay is a growing industrial area. Thecoastline is dotted with companies engaged in oilrefining, chemicals, textile manufacturing and foodprocessing. All of these companies generate efflu-ents or wastes that need treatment. Batangas City isan alternative port to Manila. Between 1985 and1990, the total number of vessels entering the bayrose from 5 052 to 6 776. In 1995, an estimated 15870 ships docked at the port. This raises threeinterrelated issues for the management of the bayresources — the congestion in sea vessel traffic, thepotential for oil spills and ship collision, and marinepollution.

The Batangas Bay supports varied intensiveactivities including municipal fishing, shipping, andport development, causing intense competitionamong these sectors and endangering the marineenvironment. For municipal fishing alone, the ratioof fishing area to fishing boats in the bay stands at0.08 km2 of fishing area per fishing boat. The actualnumber of municipal fishers is estimated to be8 965.

Overfishing in the bay is a growing concern.Seventy percent of municipal fishers are dependentsolely on small-scale fishing. The remaining 30%supplement their incomes with seasonal employ-ment such as carpentry and masonry. Compared tothe total coastal population in 1994 of about360 000, 7% of the coastal residents are dependenton subsistence fishing. The density of fishers in thebay is 41 persons per km2 of fishing ground. Atpresent, there are no available data to assess theimpact of such resource use conflicts on fisheryresources. Inventory of fish stock and other marineresources in the bay is limited.

17 Global Environmental Facility/United Nations Development Programme/International Maritime Organization.

18 The MPP-EAS published a Coastal Environmental Profile of the Batangas Bay Region (CEP-BBR) in 1996, which provides a synthesisof all available information gathered from the government and other sources. The study gives a comprehensive description of theregion including its natural resources, resource use patterns and socio-economic profile. This also identifies the management issues thatneed to be resolved.

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Urban development and industrialization havealso brought serious pollution problems. The volumeof domestic wastes as well as industrial refuse andeffluents are considerable. Households generate morethan 100 000 t of wastes every year. This is projectedto increase to 120 000 t by the year 2000. At present,only about 60% of domestic waste is collected by theLGU. The remaining waste is burned or dumpedindiscriminately in backyards, streets, and waterways.

Industrial and commercial pollution is a criticalproblem. Sources of pollution include oil refineries,power plants, shipyards, chemical manufacturingplants, alcohol distilleries, food processing plants,livestock farms, hospitals and others. These sourcescontribute pathogenic wastes, nutrients, oil sludge,heavy metals, and others. An inventory in 1995showed that of the 352 485 t of solid wastes gener-ated by industries, 17% came from oil refineries, 78%from chemical companies, and 4% from shipyards.

In addition to domestic and industrial wastes, oilspills from increased vessel traffic are of concern.From May 1986 to September 1993, 11 oil spills wererecorded by the PCG. The increasing occurrence ofthese incidents is alarming from an average of oneper year (1986 to 1990), two in 1991 and 1992, andfour occurrences in 1993. In the case of FilipinasShell Corporation, these incidents have been attrib-uted to structural defects and inadequate internalinspection.

Legal and PLegal and PLegal and PLegal and PLegal and Policy Folicy Folicy Folicy Folicy Frameworkrameworkrameworkrameworkramework

Direct management of the resources in theregion follows the sectoral management approach ofthe national government. The DENR takes charge ofthe use and conservation of land based resourcessuch as forests, foreshore lands, mangroves, miningand quarrying. Pollution control from industries isalso regulated by the DENR through the EMB andthe DENR field offices. The PCG, through itsMarine Environment Protection Office of the 5thCoast Guard District, is responsible for the enforce-ment of pollution laws in the bay area, both fromships and industries along the coasts. The PPAmanages the international port in Batangas City aswell as the numerous private ports belonging to themajor industrial establishments. The MARINA

regulates the shipping industry.

The provincial, city, and municipal governmentshave taken an active role in the management of thecoastal zone by virtue of the powers granted underthe LGC. In 1993, the provincial governmentinitiated a program of environmental awarenessfocusing on elementary school children. They passedan ordinance in 1994 providing for a program ofmaintaining tree nurseries and planting trees.Municipal governments also enacted several ordi-nances dealing with fishery conservation, anti-littering and solid waste management, and land useand zoning.

Despite the number of national and local lawsand numerous regulations issued by specializedagencies, the region’s terrestrial and aquatic environ-ment continues to deteriorate. The general observa-tion is that government agencies have not beenexpeditious and effective in performing their roles.Critical factors that contributed to this problem arethe lack of coordination among agencies performingrelated functions and the lack of participation bylocal communities and the private sector in planningand management.

A study sponsored by the Batangas Bay Demon-stration Project (BBDP) showed that a multi-sectoralbody might be the appropriate mechanism for theintegrated management of the region (La Viña 1995).As a result of this study, the SangguniangPanlalawigan passed an ordinance creating theBatangas Bay Region Environmental ProtectionCouncil. The council is composed of the local chiefexecutives, representatives of the national govern-ment agencies, industry and fisherfolk representa-tives. The council is tasked to develop policies andprograms to ensure and promote the sustainabledevelopment of the natural resources of the region.More importantly, the council serves as the forumwhere the sector concerns of the national agencies aswell as the industry, fishers and other economicinterests are heard and discussed. The idea is to havean assessment of each issue raised by the stakeholdersand a concerted plan of action adopted by thecouncil, which includes the coordinated activities ofeach participating agency or organization. In orderto facilitate and coordinate the day-to-day implemen-

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tation and monitoring of the council’s activities, theprovincial government created the PG-ENRO, whichalso serves as the secretariat of the council.

The Integrated Coastal ManagementThe Integrated Coastal ManagementThe Integrated Coastal ManagementThe Integrated Coastal ManagementThe Integrated Coastal ManagementFFFFFrameworkrameworkrameworkrameworkramework

The BBR was chosen as a demonstration projectbecause it is an area of rapid economic growthbrought about by competing activities, which aredirectly or indirectly dependent on the coastal zone.Two key conditions also helped in the choice of thesite. First, the enactment of the LGC opened anopportunity for LGUs to implement an integratedmanagement framework and second, there is anactive involvement by stakeholders in environmentalmanagement concerns.

As part of the program for the BBDP, a StrategicEnvironmental Management Plan (SEMP) wasprepared and adopted by the council, which laiddown the major management issues and plan ofaction, which aims to address these issues. The SEMPidentified the following major management issues:

! Improper solid waste collection and dis-posal;

! Water and air pollution;! Declining fish harvest;! Improper mining and quarrying operations;! Expanding shipping and port development

activities;! Deteriorating socioeconomic conditions of

people in the coastal areas; and! Lack of multi-sectoral participation in

environmental management.

After extensive consultations with stakeholders,an action plan was drafted consisting of six specificcomponents:

! Legal and institutional mechanisms;! Integrated policy and planning systems;! Integrated management systems and

technical interventions;! Management and technical capability

building;! Improvement of information base; and! Sustainable financing.

The first component has been partly met by thecreation of the council and PG-ENRO. These bodiesare still in their infancy. At present, the roles andresponsibilities of the members in the council arenot yet optimally played. Perhaps because it is anovel creation, the council has yet to define theextent of its powers and roles vis-à-vis the individuallocal governments and the participating nationalagencies. In pollution control for example, the idealsituation is for the council to adopt a policy anddevise a plan of action where the municipalities, theDENR and PCG would have complementary roles.However, at least one municipality passed anordinance for inspection and monitoring of pollu-tion in industries without consulting the council.The functions of the local government provided inthe ordinance duplicate the regular functions of theDENR.

The problem of defining the role and powers ofthe council stem from its frail legal foundation. Thecouncil was created by a provincial ordinance, whichcannot modify the mandates of the national agen-cies and local governments that have been set bynational laws. The council depends on the coopera-tion of the member agencies and LGUs, but itcannot demand strict adherence to its policiesbecause the agencies and LGUs possess the power tofulfill their own exclusive mandates. The componenton integrated policy and planning systems aims tomake sure that the SEMP fits into the broadersocioeconomic and development plans, not only ofthe region, but the country as a whole. Batangas isfast becoming a major player in national develop-ment, as it is the alternative hub for shipping. Inaddition, it is a major supplier of electricity for therest of Luzon. The challenge to the council is to seebeyond local concerns and integrate its planningwith the national planning framework. There is anexisting mechanism where local concerns are takenup in Regional Development Council (RDC) meet-ings. Much depends on the cooperation within theBatangas council to prepare and adopt the plans.The planning process may also suffer from theweakness of fragmentation discussed above.

The third component on management andtechnical interventions aims to generate options forsolving critical problems such as municipal wastesand pollution. The key to completing this compo-nent is providing the participating local governments

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with the tools for addressing these problems such asthe development of an integrated waste managementsystem, oil spill contingency planning, establish-ment of sewage treatment facilities, and developmentof control measures for pollution discharge at pointsource.

The fourth component aims to develop themanagement and technical capability of key playersand stakeholders through training programs, com-munity organizing and information dissemination.The objective is to have a common understanding ofthe issues and the various interests of the stakehold-ers.

The fifth component aims to support theexisting data gathering initiatives and generatepreviously lacking information that is critical inmaking decisions. Through the demonstrationproject, a management information system is beingestablished which would collate and sort the data.Finally, the last component aims to develop optionsto finance the other components. The usual excuseof government for its ineffectiveness is the lack ofmoney to implement or enforce policies and laws.Financial mechanisms, such as market-based instru-ments, are explored as alternatives to taxation anddirect appropriation.

“Community“Community“Community“Community“Community-Based” Management-Based” Management-Based” Management-Based” Management-Based” Management

The management of coastal resources in the BBRis not, in the common notion, community-based.The initiative for establishing the norms for use andmanagement came from the local government.However, the experience in Batangas is uniquebecause there is a conscious effort on the part ofgovernment to reach out to the stakeholders andinvolve them directly in the decisionmaking process.In effect, the council serves as the forum where thelarger community of stakeholders, including govern-ment, make the plans for the sustainable manage-ment of the region. In this sense, it is “community-based”.

Proponents of Integrated Coastal Management(ICM) argue that traditional community-basedmanagement, where the people themselves take adirect hand in managing the resources, is notappropriate for a complex system such as Batangas

Bay because there are so many conflicting andcompeting interests involved. The BBR, for ex-ample, is a major port and shipping center. Themanagement of these sectors need special skills andclear legal mandates, especially as they involve notonly local but also national and internationalregulatory measures on shipping routes, maritimesafety, and pollution control. The needed skills maynot be available in the community and the neededpowers cannot be delegated to the community.

Summary of Lessons LearnedSummary of Lessons LearnedSummary of Lessons LearnedSummary of Lessons LearnedSummary of Lessons Learned

The four case studies presented in this sectionare examples of the many experiences and initiativesthat have been and are currently being undertaken inthe Philippines. They were chosen because theyrepresent the range of community-based optionsavailable given a particular set of circumstances. Thelessons learned from these experiences shouldtherefore be seen in their specific contexts.

The Coron Island experience is that of anindigenous people struggling to maintain theirtraditional management system in the face of chal-lenges from migrants and interventions of the LGUand the national government. The Apo Island casestudy illustrates an island community’s efforts, inpartnership with academic institutions and govern-ment programs, to protect its fisheries and coral reefresources. The Bolinao experience appears to bemuch more sophisticated given the set of challengesthat face the local ecosystem and the community.Finally, the Batangas Bay initiative is noteworthygiven the complexity of the issues which accompanyrapid industrialization and urbanization. A fewgeneral themes can be identified as running throughall these experiences.

First, whether national law provides for it or not,community-based systems exist. As the Coron andApo Island experiences show, community-basedmanagement can survive in the face of inconsistencywith the national legal system. Second, the reality ofconflict in the use of coastal and marine resources,in economic interests, and in political power, is adominant characteristic in all the case studies. Howthis conflict is managed, not necessarily resolved, bythe different stakeholders is important in determin-ing the success of a community-based approach to

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coastal management. Third, an imperative for thesustainability of a community-based system is apartnership among different sectors within a commu-nity, including academic institutions, non-govern-ment organizations and government agencies. Fourth,the role of local governments is crucial in commu-nity-based resource management. A non-supportiveLGU can doom community initiatives. Finally, thequality of the interventions of the national govern-ment play a central role in ensuring that communityefforts are supported in order to succeed and besustained. These interventions are influenced byexternal factors including global and regionaldevelopments.

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This section examines the impact on the policy,legal and institutional frameworks for the manage-ment of fisheries, coastal resources, and the coastalenvironment in the Philippines due to a growingbody of international principles and norms govern-ing the global environment in general and themarine environment in particular. Regional agree-ments and arrangements are also included in thisexamination.

The Rio Declaration and Agenda 21The Rio Declaration and Agenda 21The Rio Declaration and Agenda 21The Rio Declaration and Agenda 21The Rio Declaration and Agenda 21

The best summary of general principles ofinternational environmental law is found in the RioDeclaration of 1992 and, with respect to the marineenvironment, Agenda 21. Both documents wereadopted during the United Nations Conference onEnvironment and Development (UNCED), held inRio de Janeiro in 1992. While non-binding instru-ments, the Rio Declaration and Agenda 21 consti-tute “soft law”. These documents do not imposeobligations on states, but they will certainly have theeffect of legitimizing and encouraging initiativesand set the agenda for further development ofinternational law.

The Rio Declaration on Environment andDevelopment is a non-binding statement of 27

broad principles for guiding environmental policythat emphasizes protecting the environment as partof economic development, safeguarding the ecologi-cal systems of other nations and giving priority tothe needs of developing countries, the most environ-mentally vulnerable. While the original intentionwas to draw up an Earth Charter, at the insistence ofdeveloping nations, negotiations were directedtoward development concerns. The final product islargely a political and economic document centeredalmost exclusively on human concerns.

Among others, the Rio Declaration establishesthe right of human beings, “who are at the center ofconcerns for sustainable development”, “to a healthyand productive life in harmony with nature.” Thecall is for states and people to “cooperate in goodfaith and in a spirit of partnership in the fulfillmentof the principles embodied in this declaration andin the further development of international law inthe field of sustainable development.”

The Rio Declaration confirms the sovereignright of states to exploit their own resources pursu-ant to their own environmental and developmentalpolicies, which must be fulfilled to equitably meetthe needs of present and future generations19.Likewise, it recognizes the key role of stakeholders inthe decision-making processes, especially indig-enous peoples20. In addition, it encourages states todevelop national legislation regarding compensationfor victims of pollution and other environmentaldamage, the use of economic instruments to takeinto account the polluter-pays principle21. Further-more, it stresses the importance of EIA as a tool forplanning as well as the adherence to the precaution-ary approach in deciding on and devising measuresto prevent environmental degradation22.

Agenda 21 is a program also approved at theRio summit, listing 40 actions that are designed topromote sustainable development on earth. Theagenda raises the need for making changes in alleconomic activities with a view to improving stan-dards of living and conserving natural resources.This is a non-binding 800-page blueprint to clean up

19 Principles 2 and 3, Rio Declaration.

20 Principles 10 and 20, Rio Declaration

21 Principles 13 and 16, Rio Declaration.

22 Principles 15 and 17, Rio Declaration.

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the global environment and encourage developmentin an environmentally sound manner. Among others,Agenda 21 seeks to ensure the protection of oceans,seas, freshwater sources and coastal zones through arational use of living resources and their habitats.

For the marine environment, Agenda 21 isespecially relevant. In particular, Chapter 17 entitled“Protection of the oceans, all kinds of seas, includingenclosed and semi-enclosed seas and coastal areasand the protection, rational use and development oftheir living resources”, occupies an important place.The most significant element in Chapter 17 is its callfor the adoption of “new approaches to marine andcoastal management and development at the na-tional, sub-regional, regional and global levels,approaches that are integrated in content and areprecautionary and anticipatory in ambit”.

Chapter 17 calls for initiatives under severalprogram areas:

! Integrated management and sustainabledevelopment of coastal areas, includingexclusive economic zones and marineenvironmental protection;

! Sustainable use and conservation of marineliving resources in the high seas and areasunder national jurisdiction;

! Critical uncertainties for the management ofthe marine environment and climate change;

! The institutional framework for strengthen-ing international, including regional,cooperation and coordination; and

! Sustainable development of small islands,calls for state cooperation (as appropriate) inthe preparation of national guidelines forintegrated coastal zone management anddevelopment, drawing on existing experi-ence.

Agenda 21 has become a major influence in thedevelopment of marine environmental law. It hasresulted in global conferences on Coastal ZoneManagement (November 1993) and SustainableDevelopment of Small Island States (1993). This hasbeen influential in the United Nations sponsoredAgreement on Straddling and Highly Migratory FishStocks (concluded August 1995) and the UNEP-sponsored Global Programme of Action on Protec-

tion of the Marine Environment from Land-basedActivities (now in the final stages of preparation).

In the Philippines, Agenda 21 is being imple-mented through Philippine Agenda 21, which,among others identifies issues and concerns affectingthe coastal and marine ecosystems, and proposesstrategies to deal with such issues and concerns,including specific targets and timetables. Philippineenvironmental laws have adopted the precautionaryprinciple and the polluter pays principle in theirprovisions. The EIA system has been in place for twodecades and is continually being strengthenedthrough more stringent enforcement, while at thesame time, clarifying and simplifying procedures inorder to facilitate compliance.

The UN Law of the Sea ConventionThe UN Law of the Sea ConventionThe UN Law of the Sea ConventionThe UN Law of the Sea ConventionThe UN Law of the Sea Convention

UNCLOS, signed in 1982 and came into effectin 1994, is the international framework agreementthat regulates all aspects of the various uses of theworld’s oceans, including rights of navigation,fisheries conservation and management, marinescientific research, and the regulation of pollutionfrom all sources. With respect to the marine environ-ment, UNCLOS provides the legal basis to pursuethe protection and sustainable development of themarine and coastal resources.

Although the obligation to protect and preservethe marine environment is global, the UNCLOSdivides the ocean into a variety of jurisdictionalzones based on distance from the baseline, generallythe low-tide line. These include internal waters; the12 mile territorial sea; the 200-mile EEZ; and theHigh Seas. While the UNCLOS grants coastal statessovereign rights over the natural resources of theirEEZ, a coastal state’s competence to prescribe andenforce marine environmental pollution standardsdiminishes with distance from shore. Thus, themarine jurisdictional zones recognized by UNCLOSmake arbitrary divisions in ocean ecosystems therebyhampering a holistic approach to management. Thisis an important limitation to bear in mind regardingprotection of the marine environment from sea-basedactivities and pollution.

While UNCLOS states that the conservation ofmarine resources is a fundamental obligation,

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fisheries conservation and management measureswithin the territorial waters of the coastal state areentirely the responsibility of that state. UnderUNCLOS, coastal states must ensure, through properconservation and management measures, that theresources in the EEZ are not endangered byoverexploitation. States are further obligated tocooperate with each other for the conservation andmanagement of the living resources of the high seas.

Within the EEZ, the coastal state is to ensure theconservation and optimum use of fishery resources.To this end, the coastal state is to adopt conservationmeasures and determine the total allowable catch(TAC) for each stock. The TAC for each stock is totake into account fishing patterns and the interde-pendence of stocks, as well as the impacts on associ-ated or dependent species with a view to maintainingor restoring the population of such species above thelevel where their reproduction may become seriouslythreatened.

The coastal state can determine the quantity itwill allow to be accessed and to whom it will provideaccess. The coastal state is the main judge of theconservation measures required. The state also hasthe legal authority to introduce conservation measuresthat provide explicitly for the protection of marineecosystems or species biodiversity within the EEZ.With respect to transboundary fishery resources,coastal and fishing states are to cooperate on theexploitation of transboundary and associated stocksin two or more EEZ and in EEZ and adjacent highseas areas. The states are also obligated to cooperatewith respect to highly migratory species, marinemammals, anadromous stocks and catadromousspecies.

UNCLOS calls on states to adopt laws andregulations to prevent, reduce and control land-based pollution by taking into account internation-ally agreed rules, standards, and recommendedpractices and procedures. The convention obliges allstates to minimize, to the fullest possible extent, therelease of toxic, harmful or noxious substances,especially those that are persistent, from land-basedsources, from or through the atmosphere or bydumping. Likewise, UNCLOS imposes an importantobligation to protect from pollution rare or fragileecosystems as well as the habitat of depleted,threatened or endangered species and other forms

of marine life. It also requires states to take allnecessary measures to prevent the intentional oraccidental introduction of species, alien or new, intothe marine environment that may cause significantand harmful changes.

Moreover, UNCLOS calls on states to takeaction, at the international level, to establish rulesand standards to prevent, control and reducepollution and to promote the use of routing systemsdesigned to minimize the threat of accidents thatmight cause pollution. The vessel’s state of registry(i.e. the flag state) is charged with primary responsi-bility for implementing and enforcing such rulesand standards. A coastal state’s competence to takeunilateral measures to regulate foreign vessels forenvironmental purposes (e.g. vessel discharges,routing) is, however, limited by foreign vessels’ rightto innocent passage and freedom of navigation. Portstates may, on the other hand, impose and enforceunilateral requirements, including design, construc-tion, manning and equipment standards, as acondition of entry into its ports, provided it givesdue publicity to such requirements. With regard topollution from offshore structures, states are re-quired to adopt measures designed to minimizepollution that are no less effective than internationalrules, standards and recommended practices andprocedures.

Furthermore, UNCLOS allows states to adoptlaws affecting the preservation of the environmentand prevention of pollution in their 12 mile territo-rial sea provided such laws do not have the practicaleffect of denying or impairing the right of innocentpassage. Within the 200 mile EEZ, coastal states mayonly adopt laws and standards conforming to andgiving effect to generally accepted internationalrules and standards established through the compe-tent international organization or diplomaticconference. The “competent international organiza-tion” is generally understood in this context to meanthe International Maritime Organization (IMO).

The Philippines has ratified UNCLOS and isimplementing it through a Cabinet Committee onthe Law of the Sea. However, the work of thiscommittee has tended to focus on political issues(i.e. boundary delimitation) and not much attentionhas been given to marine resource and environmen-tal issues.

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IMO ConventionsIMO ConventionsIMO ConventionsIMO ConventionsIMO Conventions

A number of IMO conventions are relevant to theuse and protection of the marine environment. Theseinclude:

! International Convention for the Safety ofLife at Sea (SOLAS), 1974;

! Convention on the Prevention of MarinePollution by Dumping of Wastes and OtherMatter (LDC), 1972 and Protocol, 1996;

! International Convention for the Preventionof Pollution from Ships, as modified by theProtocol of 1978 relating thereto (MARPOL73/78);

! International Convention Relating to Inter-vention on the High Seas in Cases of OilPollution Casualties (INTERVENTION),1969 and Protocol, 1973;

! International Convention on Oil PollutionPreparedness, Response and Co-operation(OPRC), 1990;

! International Convention on Civil Liabilityfor Oil Pollution Damage (CLC), 1969 andProtocols 1976 and 1992;

! International Convention on the Establish-ment of an International Fund of Compensa-tion for Oil Pollution Damage (FUND), 1971and Protocols 1976 and 1992; and

! Convention Relating to Civil Liability in theField of Maritime Carriage of NuclearMaterials (NUCLEAR), 1971.

The Philippines is a party to most of theseconventions. Noteworthy among those conventionsnot ratified by the Philippines, is MARPOL, althoughratification is expected in the near future. Despitebeing a party to many IMO Conventions, implemen-tation is frequently inconsistent and requires extensiveeffort and attention.

The Convention on Biological DiversityThe Convention on Biological DiversityThe Convention on Biological DiversityThe Convention on Biological DiversityThe Convention on Biological Diversity

The Convention on Biological Diversity (CBD)was signed in 1992 and came into force 29 Decem-ber 1994. The strength of this convention lies in itscomprehensive approach to species and ecosystems,promoting both conservation and sustainable use.The CBD applies to waters within national jurisdic-tion, including the EEZ. This also applies to activi-ties that are carried out under national jurisdiction

or control. Thus, CBD extends to fishing andpolluting activities occurring on the high seas. Statesare required to implement the provisions of the CBDconsistently with the rights and obligations of statesunder the UNCLOS. The CBD is potentially apowerful instrument to deal with environmental issuesbecause of its comprehensive approach (i.e., terres-trial and marine ecosystems are given equal impor-tance). Indeed, the first conference of the parties ofthe CBD has prioritized actions to deal with threatsto biodiversity. The Philippines is a party to the CBDand has begun implementing its provisions. Empha-sis has been given to marine protected areas such asthe Turtle Islands, Coron Island, Apo Island andTubbataha Reef.

Other AgrOther AgrOther AgrOther AgrOther Agreementseementseementseementseements

The Convention on Wetlands (Ramsar, Iran,1971) obligates contracting parties to designate forconservation at least one wetland of internationalimportance, and to use wisely all wetlands resourcesunder their jurisdiction. Wetlands as defined underthe convention may include areas of marine water thedepth of which at low tide does not exceed 6 m. Ifdeeper marine water lies within the wetlands, theymay also be included. In addition, islands, riparianand coastal zones adjacent to wetlands may beincorporated. As of 30 September 1999, the 116contracting parties have designated 1 005 sites, whichcovers more than 71.7 million ha (Ramsar Conven-tion Bureau 1999). At least 270 of these sites havecoastal and marine components. Although initiallyfocusing on wetlands of importance for waterfowl, thecriteria for listed sites have been expanded to includeother features of significance to the marine andcoastal environment. This now includes sites ofspecial value for maintaining the genetic and ecologi-cal diversity of a region, or as the habitat of plants oranimals at a critical stage in their biological cycle.

The Basel Convention on the Control ofTransboundary Movements of Hazardous Wastesand their Disposal is important with respect tomovement of hazardous wastes. A system of permitsis used to regulate the transport of hazardousmaterials to and from a contracting state. ThePhilippines is a party to both the Ramsar and BaselConventions. This has enacted the RA 6969 toimplement the latter.

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RRRRRegional Agregional Agregional Agregional Agregional Agreementseementseementseementseements

International conventions often set the globalframework for action for environmental manage-ment. However, regional initiatives provide a moreconcrete basis for cooperative action betweenmember countries. Indeed, the UN SecretaryGeneral has recognized the importance of settingregional bases of cooperation in the protection ofthe environment. “A comprehensive and coordi-nated approach at the global level must be comple-mented by comprehensive and integrated strategiesat the regional and national levels. Regional goalswhich concentrate on key stresses can encourageharmonized rules and standards at the regional levelfor individual sources of stress...” (United Nations1997). Furthermore, Article 197 of UNCLOSprovides that “states shall cooperate on a globalbasis and, as appropriate, on a regional basis,directly or through competent international organi-zations, in formulating and elaborating interna-tional rules, standards and recommended practicesand procedures consistent with this convention, forthe protection and preservation of the marineenvironment, taking into account characteristicregional features.” In addition, UNCLOS encour-ages states bordering enclosed or semi-enclosed seasto cooperate on a regional basis regarding themanagement and conservation of marine livingresources, and the protection and preservation ofthe marine environment. Regional conventions andassociated action plans have since been developed in12 regions, at least two are in development, and onehas failed to progress beyond the action plan phase.Most of these Regional Seas Programs were devel-oped under the auspices of UNEP. Other than theMediterranean, however, these regional initiativeshave not progressed to the stage where they developcommon regulatory or other implementing mea-sures. This is also true for Southeast Asia.

In the Association of Southeast Asian Nations(ASEAN) region, the importance of cooperation isborne by the fact that they are enjoying the use of ashared resource. The adjacency of ASEAN membercountries around a semi-enclosed sea and theirextension of maritime jurisdictions dictate that someof actual or potential coastal resources managementissues will be transnational, as will their resolution.Such transnational issues include transboundary

pollution effects from land-based sources, spills fromoil wells, and oil and hazardous cargo spills fromvessels; sealane siting; transboundary pollutioncontrol-harmonization policies and regulations;transboundary fisheries management of migratoryspecies, shared stocks and illegal foreign fishing;conservation-coordination of national and regionalconservation schemes; cooperation or harmonizationof monitoring, surveillance and enforcement; andmanagement of islands and marine areas of uncertainjurisdiction.

The maritime states of the East Asian region haveone-third of the world’s population and its coastalzones are heavily populated with more than halfconcentrated along coastal areas. These coastal areasare also characterized by diversified economicactivities. The natural resources in these coastal areasare vast and varied consisting of productive ecosys-tems such as coral reefs, seagrass beds and mangroveswith numerous coastal landforms such as estuaries,beaches, deltas, tidal flats, embayments and islands.Economic activities to meet the growing demand forfood, employment and shelter have resulted inenormous pressures on the region’s coastal andmarine environments. Diversification and intensifica-tion of these activities, among others, have resulted inpollution, which, in turn, has degraded valuable andproductive ecosystems.

Marine pollution is only one of the consequencesof economic and development pressures. The coastalwaters, including estuaries, bays, gulfs and congestedstraits and semi-enclosed sub-regional seas in theregion are relatively polluted compared to open seasand oceans. Among others, the coastal waters of theregion are contaminated by untreated sewage, gar-bage, sediments, oil, pesticides and hazardous wastesfrom land-based and sea-based activities. While theopen seas and oceans are, by comparison, cleaner,increasing maritime activities such as offshoreexploration and production activities, make thesewaters vulnerable to pollution, especially oil andchemical spills and discharges.

Growing awareness of the state of the marineenvironment, coupled with the realization thatpollution has severe effects on the sustainability ofeconomic development, have convinced manymaritime states in the East Asian region to pay

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closer attention to the management of their coastaland marine resources and invest in their protectionand conservation. For example, there are efforts inChina and the ASEAN states to develop and imple-ment Integrated Coastal Zone Management (ICZM)programs. On the legal side, most nations haveenacted the necessary laws and regulations to controlor prevent discharges into the marine environment. Anumber of countries have also established the regula-tory and organizational structures to implement theserules.

Unfortunately, due to a lack of financial re-sources, an inadequate technical capacity, andpolitical sovereignty issues such as boundary disputes,many countries in the region remain unable toadequately address marine pollution problems withintheir territorial jurisdiction. The lack of resourcesfrequently makes it impossible to formulate and installenvironmental programs to manage and mitigatemarine pollution. For example, many countries havenot yet established effective pollution assessment andmonitoring stations, although ad hoc surveys andstudies have been undertaken in some coastal waters.On the international side, only a few countries in theregion have ratified and are implementing therelevant IMO conventions and other marine pollutionagreements.

While there is a seeming lack of regional conven-tions on the protection of the marine environment inthe region, this should not be taken to mean thatthere is little regional cooperation. Countries in theregion prefer guidelines of action instead of manda-tory obligations imposed by conventional law. This isless intrusive to the sovereignty of member countriesbut also compatible with the preference for subtlety.This preference against the possibility of a modelstatute on the marine environment is borne out “bythe diversity of the ASEAN member nations and thepast success of coordination policies”.

Various initiatives have been undertaken in theregion. Some are purely regional in nature. Othersare joint undertakings between the region andanother country or between the region and aninternational organization.

In the early 1980s, ASEAN recognized that therewas continued depletion and degradation of theenvironment through the misuse and indiscriminateexploitation of resources. Hence, ASEAN came upwith the integrated and coordinated ASEAN Environ-ment Program (ASEP). ASEP sought to achieveecological, technological, and sanitary security in theregion. The program was designed to view theecological system in a holistic and comprehensiveway rather than to treat resources as separate anddistinct. This approach to environmental manage-ment and use was believed to be the key to sustainabledevelopment.

In 1981, member-states identified a number ofpriority actions to be implemented under the ASEP,including sub-programs for sustained developmentand protection of marine environments and coastalareas involving pollution control, resource manage-ment, institutional management, information ex-change and training; integration of environmentalmanagement with development planning using EIA;and nature conservation and protection of the naturalresources.

In 1985, ASEAN adopted the ASEAN Agreementon the Conservation of Nature and Natural Re-sources. The agreement provided a framework for theprotection of the environment as well as specificobligations such as the prohibition of the taking ofthe listed endangered species. In 1990, the fourthASEAN ministerial meeting on the environment,held in Malaysia, adopted the Kuala Lumpur Declara-tion on Environment and Development and acommon ASEAN stand on global environmentalissues. The ASEAN environment ministers agreed toinitiate efforts on environmental managementincluding: the formulation of an ASEAN strategy forsustainable development and a corresponding actionprogram; the harmonization of environmental qualitystandards; the harmonization of transboundarypollution prevention and abatement practices; theinitiation of efforts leading towards concrete stepspertaining to natural resource management, includ-ing the harmonization of approaches in naturalresource assessments and the development of jointnatural resources management programs.

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In 1993, the Asia-Pacific Memorandum ofUnderstanding on Port State Control was signed by18 states. It set up a system to ensure that foreignships comply with the regulations of MARPOL (73/78), the International Convention on Standards ofTraining, Certification and Watchkeeping forSeafarers (1978), the Convention on InternationalRegulations for Preventing Collisions at Sea (1972)and the ILO -Minimum Standards for MerchantShips (1976). A Traffic Separation Scheme (TSS) wasalso developed in the Straits of Malacca andSingapore to reduce accidents in the area.

International organizations also initiate thedevelopment of regional schemes. The GEF/UNDP/IMO Regional Program for the Prevention andManagement of Marine Pollution in the East AsianSeas has been very active in encouraging cooperationin the region for coastal and marine resourcesmanagement. Among others, the development andestablishment of regional networks for environmen-tal management is a goal of the regional program.The network approach is justified so that there iscross-fertilization of disciplines, concepts andexperiences as well as the formulation and adoptionof regional legal and policy initiatives, whereappropriate, such as harmonization of standards.Under the program, four interlinked regionalnetworks are established. These are:

! The Network of Local Governments for ICZMDemonstration Sites: Composed of participat-ing local governments and intended toensure political commitments and promoteinstitutional and organizational arrange-ments for the planning and implementationof ICZM programs;

! The Network of Research/Academic Institutions:Provides technical inputs for policy, manage-ment and technological interventions;

! The Pollution Monitoring and InformationManagement Network: Ensures regularmonitoring of environmental changes aswell as efficient use of information formanagement interventions; and

! The Network of Legal Experts on MarinePollution: Serves as a catalyst to country andregional efforts to develop, enact andimplement national and international lawson marine pollution.

Other regional initiatives include:

! ASEAN Committee on Science and Technol-ogy (COST) with Canada, US, EU, andJapan developing a program to manageregional pollution;

! The ASEAN Expert Group on Environmenthas projects dealing with oil pollution andhealth. They initiated an oil spill contin-gency plan in 1970;

! ASEAN-Australian Marine Science Projectdeals with ocean dynamics and livingresources;

! ASEAN-Canada Marine Pollution Project todetermine the criteria for the protection ofmarine resources and monitoring pollution;

! ASEAN-US Coastal Resources ManagementProject aims to develop a multidisciplinarycoastal area management plan;

! APEC has working groups concerningmarine environmental issues;

! UNEP-Regional Seas Program set up theCoordinating Body on the Seas of East Asia(COBSEA), which is developing pollutionprevention programs;

! ASEAN Council on Petroleum (ASCOPE),which was created to address environmentalissues,related to oil and natural gas exploration;

! ASEAN Senior Officials in the Environment(ASOEN) formed in 1990 to ensure aregional oil spill contingency plan is devel-oped and implemented; and

! Oil Spill Response Plan (OSPAR) initiatedwith Japan to provide technical assistanceand equipment to ASEAN to combat oilspills.

The ongoing territorial disputes in the regionhave initiated the creation of the South China SeaWorkshop on Conflict Resolution. The workshop isdivided into four technical working groups ofvarying official nature:

! Legal;! Safety of navigation;! Marine research study; and! Marine environment protection.

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While initially it has been seen as a mechanismto settle territorial issues, the scope of concern of thegroup has widened to include areas of cooperation inmarine environment protection. For example, there iscurrently a proposal for a project on ecosystemmonitoring in the region.

SummarySummarySummarySummarySummary

The threat of environmental degradation to thevitality and biodiversity of the coastal zones of theregion cannot be overstated. At present, many of theestuaries, lagoons and bays in the region have beenproclaimed biologically dead or severely depleted ofaquatic life. Ensuring a cleaner and safer coastal andmarine environment in the future is one of the mostdifficult of the challenges facing states andpolicymakers in the region.

While there are numerous initiatives beingimplemented, it remains to be seen whether thesewill be effective and whether they can be sustained.For example, a review of the impact of these initia-tives on the Philippines does not, except in a fewinstances such as the Batangas Bay project and somebilateral initiatives such as the Philippines-Malaysiaproject on the Turtle Islands, appear to have muchof an impact on the ground. Perhaps it is too early toevaluate the success of these initiatives but clearlymore efforts are needed.

With respect to the role of CBRM, there is aclear recognition of this principle in the more recentinternational environmental and agreements such asthe Rio Declaration and Agenda 21. However, this isnot reflected in most of the regional initiatives that,with a few exceptions, are centered mostly in the roleof national governments. A few do emphasize localgovernment participation but clearly, this is notenough. In this sense, regional initiatives andprograms, if they do not incorporate the experiencesof community-based approaches in their design andimplementation, may result in adverse consequencesleading to further inequity and environmentaldegradation in the marine and coastal zones of theregion. This is certainly true for the Philippines.

IIIIINTEGRANTEGRANTEGRANTEGRANTEGRATINGTINGTINGTINGTING C C C C COMMUNITYOMMUNITYOMMUNITYOMMUNITYOMMUNITY-----BBBBBAAAAASEDSEDSEDSEDSEDRRRRRESOURCEESOURCEESOURCEESOURCEESOURCE M M M M MANAGEMENTANAGEMENTANAGEMENTANAGEMENTANAGEMENT:::::TTTTTHEHEHEHEHE S S S S STTTTTAAAAATETETETETE OFOFOFOFOF P P P P PLLLLLAAAAAYYYYY INININININ THETHETHETHETHE P P P P PHILIPPINESHILIPPINESHILIPPINESHILIPPINESHILIPPINES

The strategy of CBRM has been proposed as abetter alternative to command and control or freemarket approaches to environmental regulation.The strategy is based on the insight that, contrary tothe widely held belief that all communally heldresources are doomed to suffer, it is now known that awide variety of sustainable community resourcemanagement systems do exist. The recent rediscov-ery of communal institutions as an effective solutionto the commons dilemma is significant in a varietyof ways. These institutions may have a valuable roleto play in sustainable use planning but have usuallybeen overlooked or underused in the planningprocess. This has happened because of overemphasison the kinds of resource management practicesdominant in the Western industrialized world inwhich the significance of common property institu-tions has declined over time.

CBRM systems can range from the right of thecommunity to be consulted before any developmentproject is imposed to actually recognizing commu-nity control and management of natural resources.Recognizing these systems would also mean devel-oping and accepting common property regimes ininternational and national legal regimes by recogniz-ing communal title to lands, ceding the control andmanagement of rainforests to the communities thatoccupy them, protecting the intellectual propertyrights of indigenous and local communities to theirtraditional knowledge, and in institutionalizingcommunity participation in environmental risk andimpact assessment.

From a policy point of view, with respect to theletter of the law, one finds enough text to justify thatthe Philippines gives due consideration and empha-sis to the principle of CBRM, indeed not only in themanagement of coastal and marine resources but ofall natural resources. The Philippine law on pro-tected areas, the policy which enshrines community-based forestry as the strategy for forest manage-ment, the concept of social acceptability in environ-mental impact assessment, the principle of prior

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informed consent in bioprospecting and mining, andthe recently enacted law on the rights of indigenouspeoples are all examples of the acceptance of thisprinciple. With respect to marine and coastal areas,two important policy texts also reflect acceptance ofCBRM—Philippine Agenda 21 (PA 21) and the newFisheries Code.

At the outset, PA 21 recognizes that basic sectorscan serve as managers and controllers of communityresources. This acknowledges that communitiesresiding within or most proximate to an ecosystemof a bio-geographic region will be the ones to mostdirectly and immediately feel the negative impactsof environmental degradation and should, therefore,be given prior claim to the development decisionsaffecting their ecosystem, including management ofthe resources. Thus, PA 21 has called for the follow-ing:

! The passage of a fisheries code that recog-nizes the primacy of fishing communities inthe management and access to marineresources;

! The preparation of a coastal managementplan at the national, regional and locallevels with genuine participation of commu-nities;

! The development of mechanisms to provideequity to coastal resources;

! The promotion of the active participation ofall sectors in planning for the managementof coastal resources and ecosystems; and

! Capacity building and information supportthat would enable communities to partici-pate in the management of the coastal andmarine ecosystem.

The Philippine Fisheries Code of 1998 adopts asa state policy the protection of the rights of fishers,especially of the local communities with priority tomunicipal fishers, in the preferential use of themunicipal waters. In access to fishery resources,preference is given to resource users in the localcommunities adjacent or nearest to the municipalwaters. According to Section 68 of the code, fishersand their organizations residing within the geo-graphical jurisdiction of the barangays, municipali-ties or cities with the concerned local governmentunits shall develop the fishery and aquatic resources

in municipal waters and bays. The provision ofsupport to municipal fishers through appropriatetechnology and research, credit, production andmarketing assistance, etc. is mandated by the code.Incentives for municipal and small-scale fishers arealso provided.

The most significant community-based mecha-nism in the Fisheries Code is the creation ofFARMCs. These shall be established at the nationallevel and in all municipalities and cities abuttingmunicipal waters and shall be formed by fishersorganizations and cooperatives, NGOs in the localityand be assisted by the LGUs and other governmententities. Before organizing FARMCs, the LGUs,NGOs, fishers and other concerned organizationsshall undergo consultation and orientation on theformation of FARMCs. At the national level, aNational Fisheries and Aquatic Resources Manage-ment Council (NFARMC) is created while barangay,lakewide, municipal and city FARMCs shall becreated at the local level. Essentially, the localFARMCs perform advisory and assisting roles togovernment bodies in the preparation of fisherydevelopment plans, the enactment of legislativemeasures and the enforcement of fishery laws, rulesand regulations.

While the new fisheries law clearly recognizescommunity-based approaches in fisheries manage-ment, it represents in many ways the continuinginadequacies of national law and policy.

First, and this is true for many other policyissuances, there are, within the same law or policy,inconsistencies between what is articulated as policyand the details of specific provisions. For example,under Section 18 of the Code, all fishery relatedactivities in municipal waters, defined generally as15 km from the coastline, are supposed to be usedsolely by municipal fishers and their organizations.However, under the same section, the law alsoprovides that the municipal or city government may,through its local chief executive and acting pursuantto an appropriate ordinance, authorize or permitsmall and medium commercial fishing vessels tooperate within the 10.1 to 15 km area from theshoreline in municipal waters under certain condi-tions. This exception, which was a compromisebetween those who wanted exclusive access for small

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fishers and those who wanted unrestricted entry by thecommercial fishing industry, may effectively destroythe preferential rights given to small fishers.

A second inadequacy of national law and policy isits failure to fulfill the promise of its policy rhetoric.While the creation of FARMCs can be considered aprogressive step, for many advocates, this new mecha-nism does not go far enough in ensuring community-based resource management. After all, the FARMCsare merely advisory and recommendatory. The realpowers are still lodged in the local and nationalgovernment agencies. On the other hand, as manyexperiences in the Philippines would attest, theFARMCs, under certain conditions, may acquire “livesof their own” and may yet prove to be good startingpoints for effective and sustainable CBRM. Thechallenge is for communities to maximize the oppor-tunities provided for by this mechanism.

Another inadequacy is the continuingsectoralization and lack of integration. While theFisheries Code contains some provisions on theprevention of marine pollution and the protection ofmarine biodiversity, the approach that it takes iscentered mainly on fisheries. In this sense, the newlaw is a step backward as it does not incorporate theprinciple of integrated coastal management.

Finally, it remains to be seen whether national lawand policy can and will be implemented in a mannerconsistent with its spirit and intention. The reality isthat it will take time before one can conclude thatCBRM has been truly integrated into the policy, legaland institutional framework of managing the fisheries,marine resources and coastal environments of thePhilippines.

CCCCCONCLONCLONCLONCLONCLUSIONUSIONUSIONUSIONUSION

The Philippines has done pioneering work inestablishing community-based management. Thispeople centered approach relies on indigenousknowledge and expertise in the development ofmanagement strategies. The aim is to ensure wiseand equitable use of resources on a sustainable basisthrough proper exploitation and protection. Itrequires maximum participation of coastal communi-ties to ensure that benefits will accrue to the majorityof the people.

The premise of CBRM is that local communitieshave the greatest interest in the conservation andsustainable use of coastal resources and thus shouldhave incentives, resources and capacity for marineand coastal ecosystems conservation. The CBRM callsfor:

! Community empowerment;! Provision of environmentally sound tech-

nologies and financing;! Recognition and enforcement of community

property rights over local fishing groundsand other resources; and

! The reform of national policy and legalframework.

The range of experiences of community-basedsystems in the Philippines illustrates that no onecommunity-based approach can be a model for allcommunities. The role of communities changesdepending on the state and condition of the ecosys-tem, the characteristics of the marine and coastalresources, the profiles of the stakeholders and thenature of the relationships among the key players.Thus, national law should provide only for a legaland institutional framework in the management ofmarine and coastal resources. Such a frameworkshould include principles of use and management(such as sustainable development, ICM and recogni-tion of community-based systems). The frameworkshould also establish democratic and participatoryprocesses for policymaking and conflict resolution.

An important insight is that community-basedapproaches are applicable to not only small-scalecoastal resources and traditional artisanal communi-ties but can play an important role as industrializa-tion and urbanization sets in. On the other hand, associety changes rapidly and pressures mount andbecome more complex, ICM becomes imperative.Under such circumstances, traditional managementsystems, even community-based ones, are no longeradequate. The danger — and potential tragedy — isto disregard completely the community-basedapproaches and rely completely on command andcontrol or market based strategies. The challenge ishow to build on local experiences and integratethem into the national management framework as itevolves through time and circumstances. Developinga community-based ICM is therefore imperative.

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The CBRM assumes that the solution to thecommon problems start with:

! control over access to the resource;! increasing production from a common

property resource depends on the conserva-tion of the resource base;

! the sustainable use of a resource is closelyconnected to the use of simple and appro-priate technology for the harvest of thatresource; and

! local level management through communityorganization improves prospects for thesustainable use of a common resource.

Thus, democratization of access to the resourceslies at the core of an effective CBRM approach. Atruly effective management framework for fisheriesand coastal environment management must beconsistent with this underlying philosophy andshould not be grounded merely on the improvementof management of resources by reinforcing controland enforcement mechanisms through greaterparticipation. Above all, it should be rememberedthat the rationale for CBRM is equity and justice. Sothat it can be supported and sustained, CBRMshould be understood in the context of the socioeco-nomic and political development of societies.Ensuring equity and justice do not necessarily resultin environmental sustainability, but at least in thePhilippines, these are necessary conditions for itsattainment.

AAAAACKNOWLEDGMENTCKNOWLEDGMENTCKNOWLEDGMENTCKNOWLEDGMENTCKNOWLEDGMENT

While preparation of this report required theusual tasks that come with policy research andanalysis, I also had the fortune of being a partici-pant in many of the cases and processes describedand examined in this work. I am truly grateful forthe opportunity to have been both a participantand observer during the years in the Philippineswhen community-based management of naturalresources, including marine and coastal resources,emerged as a viable alternative to conventionalforms of management. In this context, I feelcompelled to acknowledge the communities ofBolinao and Coron: their courageous exampleshave inspired many other communities and haveshaped so much of my thinking on marine andcoastal issues.

I also acknowledge the many lessons andinsights I have learned from interacting andworking with colleagues from all over the world. Inparticular, I would like to thank colleagues from theIMO/UNDP/GEF Regional Programme for thePrevention and Management of Marine Pollutionin the East Asian Seas, the Marine Science Instituteof the University of the Philippines, the Institutefor International Legal Studies of the U.P. LawCenter, ICLARM and the World ResourcesInstitute (WRI).

Finally, I acknowledge that this work is theoutcome of a collaborative effort. I wrote thisreport while I was serving as Undersecretary ofLegal and Legislative Affairs of the Department ofEnvironment and Natural Resources (DENR). Itwould not have been possible for me to have donethis if I did not have the support of a competentand committed staff. In particular, I would like tothank Pinky Baylon, Eunice Agsaoay, Jojo Garcia,Ingrid Gorre, Suzette Suarez, and, above all, JamesKho.

While I take responsibility for all shortcomingsin the report, what is good and valuable here is aresult of collaboration. To them and to the other“legal eagles” of the DENR, and all those whoworked with me “when they were all young and fullof hope”, I dedicate this work.

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AAAAABSTRACTBSTRACTBSTRACTBSTRACTBSTRACT

Important fishery and coastal resources in Thailand are already being degraded orthreatened by various anthropogenic factors. These factors include a rapidly growingcoastal population, bureaucratic or administrative problems, overexploitation and pollution.This chapter shows how the government at the national and local levels addresses theproblem. Laws, policies and plans are laid out both to counter resource degradation and tomanage the resources. Yet, the problems are still around and success appears hard tocome by due to implementation problems, lack of necessary financial resources to imple-ment programs and projects, and inherent weakness of the laws, policies and plans, toname a few.

While the situation appears to be bleak, significant inroads in certain areas are madeby local communities and their local authorities to manage the resources within the localcontext. Various laws and policies provided opportunities for the involvement of localcommunities and the local authorities in resources management. For example, significantrecognition of the role of local communities in the management of resources and theenvironment is found in the 1997 Constitution. On local administration, there are, amongothers, the Public Administration Act of 1991, Sub-district Council and Sub-district Adminis-tration Organization Act of 1994 and the Provincial Administration Organization Act of 1997.

This paper further discusses the intricate linkage and cyclical relationship of policiesand plans at the three different levels of administration—local, national and regional—inThailand. It is hoped that this will lead to better understanding of the institutional issuesassociated with fishery and coastal resources management in the country.

Institutional and PInstitutional and PInstitutional and PInstitutional and PInstitutional and Policy Policy Policy Policy Policy Perspectiveserspectiveserspectiveserspectiveserspectivesin the Management ofin the Management ofin the Management ofin the Management ofin the Management of

FFFFFisheries and Coastal Risheries and Coastal Risheries and Coastal Risheries and Coastal Risheries and Coastal Resouresouresouresouresourcescescescesces in Thailand in Thailand in Thailand in Thailand in Thailand

Ayut Nissapa, Awae Masae and Somsak BoromthanaratFaculty of Natural Resources and Coastal Resources Institute (CORIN),

Prince of Songkla University, Thailand.

Vichot JungrungrotSouthern Development Center in Songkla-Office of the National Economic and Social Development

Board (NESDB), Thailand.

IIIIINTRODUCTIONNTRODUCTIONNTRODUCTIONNTRODUCTIONNTRODUCTION

With more than 2 600 km of coastline, about70% of Thailand’s population is concentrated inand around the coastal area. Twenty-four of 76

provinces (including Bangkok) are consideredcoastal provinces or highly dependent on thecoastal area. Development along the coast hasdamaged mangrove forests, swamps, and intertidalzones. At present, there are no formal fisheries and

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coastal resources management laws in Thailand.However, there exist informal forms of fisheries andcoastal area management where traditional practicesare common. The recent decentralization of the Thaipublic administration and its subsequent laws haslead to expectations for effective and participatorymanagement of the fisheries and coastal resources. Inaddition, international involvement has played anincreasing role as Thailand has committed itself tothe world community in terms of legal, social,economic and environmental cooperation. This localand international involvement can have enormousinfluence on the national policies for the effectivemanagement of fisheries, coastal resources andcoastal environment in Thailand. In light of thecurrent status of fisheries and coastal resource law,existing national policies, local initiatives andtraditional management practices, a research hasbeen carried out to investigate the managementprocesses related to the historical evolution of publicadministration, laws and policies; to demonstrate therelationships of local, national and internationalinvolvement in designing effective fisheries andcoastal resource management plans; and to suggest adesirable management practicethat takes into considerationsynthesized findings on theinstitutional, legal and policyframework.

MMMMMETHODOLOGETHODOLOGETHODOLOGETHODOLOGETHODOLOGYYYYY

A Supply and DemandA Supply and DemandA Supply and DemandA Supply and DemandA Supply and DemandPPPPParadigmaradigmaradigmaradigmaradigm

A simple economic paradigmof supply and demand can beadapted for resource managementpurposes when all resources areclassified into supply and demandsides. Even though the supply anddemand sides of fisheries andcoastal resources cannot be entirelydistinguished from each other,such clear distinction is assumed for analyticalconvenience. Resources have their own value whenanalyzed in the supply and demand framework, butthe prices of these resources may not be evaluatedwith precision, especially when the resources involvesocial and environmental aspects.

1. Demand-side resources (DSR). The classifi-cation DSR is based on resource componentsthat require people to obtain supply-sideresources (SSR) for their livelihood orpleasure. At a point when SSR are ex-hausted, they may turn into DSR. Therefore,both DSR and SSR are interchangeable.Examples of DSR are several groups ofhuman activities that demand fisheries andcoastal resources for the fulfillment of theirobjectives, and the natural resources thatrequire rehabilitation and inputs for theirrecovery after being exploited by DSR.

2. Supply-side resources (SSR). SSR are re-sources which exist to fulfill requirements ofthe DSR. Examples of SSR are fisheryproducts, mangrove resources, seabed andcoastal minerals, tourism resources such aswater, beaches, coral reefs, ports and infra-structure, and cultural heritage. TheseSSR are interchangeable with DSR, and atone point in time when SSR are usedbeyond their maximum point, they becomeDSR.

As shown in Figure 5.1, there is a dynamicbetween DSR and SSR. Under a mismanagedsituation, DSR remain constant during a subsistenceeconomy and they are expected to rise during amarket economy. They are influenced by severalfactors including population growth, changes in

Figure 5.1 A Demand-Supply Paradigm.

Quantitydemandedand supplied

100

50

0

ManagedDemand-side andSupply-side resources

Firstequilibrium

Secondequilibrium

TimeSub-districteconomy

Supply-side resources(SSR)

Demand-side resources (DSR)

Mismanaged situationManaged situation

Marketeconomy

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social values, changes in consumption and moderntechnologies.

On the other hand, SSR are increasingly ex-ploited as the DSR change from subsistence to marketeconomies. At the first equilibrium point, DSR andSSR are equal. However, this point does not remainfixed for long as DSR exponentially increase. The gapbetween DSR and SSR grows and at some point SSRchange to become DSR which further widens the gap.Under a managed situation, the management arrange-ments are expected to change both DSR and SSRforms so that the DSR and SSR increase at a slowerrate and in the long run adjust themselves to a moresustained equilibrium.

In conclusion, the ultimate objective of fisheriesand coastal resource management using the supplyand demand paradigm is that desirable managementstrategies are able to bring together supply anddemand to the point where they approach an equilib-rium and remain there as long as possible.

The Thai PThe Thai PThe Thai PThe Thai PThe Thai Political Economy Systemolitical Economy Systemolitical Economy Systemolitical Economy Systemolitical Economy System

The historical development of the Thai economyfrom absolute to constitutional monarchy has im-pacted the social and economic structures of thecountry. The social and economic pattern is a result ofthe changing relationship from a patron-clientrelationship to a capitalist system. This patron-clientrelationship created extensive group divisions andremains, to some extent, the basis of Thai politics.

The capitalist system believes in productivecapability. Competitiveness in the production ofgoods and services is the main driving force that leadsto maximum social benefit. Inevitably, such competi-tiveness generates an individualistic culture in whichprivate property rights are greatly respected. Thedemocratic revolution in 1932 created a mixture ofthe Thai political and economic systems (see Table5.1). The political economy of a country evolvesthrough time. With increasing international involve-ment, Thailand’s political and economic systems haveevolved to a democratic capitalist system. The patron-client system is moving toward a democratic-capitalistsystem, while the authoritarian-capitalist system andthe democratic-patron-client system acted as transi-tional systems.

However, the time period of these movements isuncertain (Thanapornpun 1995). The democraticrevolution in 1932 changed the face of Thailandthrough several revolutions in order to attain democ-racy, with the King as the symbolic representation ofunity. Along the path to a democratic-capitalistsystem, the Thai political economy is still in a stageof flux and if not managed well, could result in thedramatic exploitation of resources including fisheriesand coastal resources. There is some evidence thatthe Thai political economic system is in a transitionalperiod. This claim comes in the form of intrusion bypolitically influential investors into the commonssuch as mangroves and terrestrial forest reserves ormarine national parks.

A Matrix ApprA Matrix ApprA Matrix ApprA Matrix ApprA Matrix Approachoachoachoachoach

A matrix approach is used to analyze the data. Itis based on the idea that fisheries and coastal re-source management are multidisciplinary in nature.There are several issues of conflicting uses of fisheriesand coastal resources that the matrix method is ableto handle. The main feature of the matrix method isthat it is able to relate the effects of the fisheries andcoastal resources sectors on themselves and on othersectors. Such effects are explained by the use ofmultipliers if the quantitative data are available.

Logical FLogical FLogical FLogical FLogical Framework Apprramework Apprramework Apprramework Apprramework Approach (LFoach (LFoach (LFoach (LFoach (LFA)A)A)A)A)

The LFA can be used to organize and analyzefisheries and coastal resource management problemsin a systematic way so that problems can be arrangedin terms of cause and effect relationships. An analysisof the relationship results in the identification ofproblems, issues, and priorities in relation to fisheriesand coastal resource management. These techniquesare common and widely used in similar research inthis field.

Authoritarian Democracy

Patron-Client Authoritarian- Democracy-Relationship patron-client system patron-client system

Capitalism Authoritarian- Democracy-capitalism system capitalism system

Table 5.1. The Thai Political Economy (Thanapornpun 1995).

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Data CollectionData CollectionData CollectionData CollectionData Collection

This research employs desk studies, consultativemeetings, interviews and case studies. The desk studyinvolves compilation of relevant laws and regulations,administrative arrangements and policies and planson fisheries, coastal resources and coastal environ-ment protection. It also includes a review of litera-ture.

The consultative meetings involve coordinationwith other relevant organizations and stakeholdersthrough group discussions and small participatoryworkshops that employ the LFA to build problemrelationships and analysis of problem trees.

InterInterInterInterInterviewsviewsviewsviewsviews

In the interview, the research team met with keyinformants and stakeholders. Both personal andstructural interviews were held. Personal interviewswere used in situations where the group interviewresulted in false or distorted information.

Several case studies representing different keyissues are analyzed based on the DSR and SSR matrixanalysis. Four case studies with different analyticalthemes were selected to reflect the overall frameworkof the research.

! Case study 1 illustrates the enforcement oflaws, policies and plans in Laem Talumpukin Pak Phanang District, Nakhon SiThammarat Province;

! Case study 2 illustrates wastewater manage-ment from shrimp aquaculture in BanKwian Huk in Khlung District, ChantaburiProvince;

! Case study 3 illustrates local initiatives inBan Laem Makham in Sikao District, TrangProvince; and

! Case study 4 illustrates international involve-ment in Tarutao Marine National Park(TMNP) in Muang Satun District, SatunProvince.

RRRRRESOURCEESOURCEESOURCEESOURCEESOURCE S S S S STTTTTAAAAATUSTUSTUSTUSTUS ANDANDANDANDAND I I I I ISSSSSSUESSUESSUESSUESSUES

Demand-side FDemand-side FDemand-side FDemand-side FDemand-side Fisheries and Coastalisheries and Coastalisheries and Coastalisheries and Coastalisheries and CoastalRRRRResouresouresouresouresources (DSFCR)ces (DSFCR)ces (DSFCR)ces (DSFCR)ces (DSFCR)

DSFCR are resources that need supply-sideresources. Human activities and natural resourcesand their functions are major examples of DSFCR.With respect to human activities, the demands arehighly influenced by population growth, changes insocial and economic values, changes in consumptionpatterns and commitments to regional and interna-tional regimes. These human needs for fisheries andcoastal resources have made the management ofDSFCR a truly difficult task. Despite attemptsthrough formal legislation, the fisheries and coastalresources are still being degraded at an alarmingrate.

With respect to natural resources, demands areinfluenced by conditions of the resources. If theresources are used beyond their maximum carryingcapacity, they can turn out to be highly aggressiveDSFCR. Therefore, the use of the resources and theability of these resources to support and assimilatechanges in their conditions are the major influentialfactors.

Human DemandHuman DemandHuman DemandHuman DemandHuman Demand

In Thailand, there are about 46 851 marinefishery households, 16 501 coastal aquaculturehouseholds, and 1 552 households doing bothmarine fishery and coastal aquaculture. Most of thesehouseholds are considered small-scale whose mainlivelihoods depend largely on the abundance of fishand coastal resources. Legislation to control the useof these resources can have enormous effects on theirlivelihoods. On the other hand, if the resources aredegraded by these households or other large-scaleinvestors, this can have similar impacts on their wayof life. Though some supply-side fisheries and coastalresources such as tourism can provide alternativesources of income, the scale of tourism resources areyet to be determined. In many instances, localinitiatives for fisheries and coastal resources manage-ment have shown some favorable signs that are

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expected to be a role model for other communities.However, external forces together with changes insocial values, conspicuous consumption, loopholesin laws and regulations, insufficient knowledge andinformation, and insufficient law enforcement havebeen major threats to local management.

An example is the Ko Samet National Park inRayong Province on the east coast where the localpeople would like to expand tourism for employ-ment and income. This initiative, if managedproperly, should be supported as it is in thepeople’s interest. However, the state saw it differ-ently and refused the expansion citing environmen-tal damage already done by existing establishments.It went on to say that any new tourism operationwould worsen the already degraded environment inthe National Park. From another perspective, if thislocal initiative had sufficient scientific and engi-neering back-up, productive consultation with parkofficials, and public participation, then the KoSamet National Park would have been a role modelfor coastal tourism.

The DSFCR management strategies in Thailandare not implemented in a way that resource ownersare guaranteed their ownership rights. Furtheranalysis suggests that the national legislation systemhas focused its attention on the exploitation offisheries and coastal resources for macroeconomicgrowth rather than for the improved well-being ofindividuals.

In 1997, tourists visiting coastal provincesgenerated high profits. However, more than 70percent of spending was in larger cities likeBangkok, Phuket and Chantaburi. The largest shareof earnings were by a few large entrepreneurs whileindividuals, whose livelihoods depend on tourismresources, got a smaller share. In addition, theaesthetic value of the unspoiled islands and townsthat the local residence once enjoyed has beendegraded as a result of quick and poorly plannedconstruction.

Similarly, as in the case of coastal aquaculture,the export demands from wealthier countries haveinfluenced the extraction of coastal resources whilesocial and environmental costs are left for the locals.

The export values do not show the real losses thatthe community and the environment have toabsorb.

The positive side of these DSFCR is in thequality of human resources. Measures throughformal legislation and informal rules have been putinto effect. Thailand has to manage its own DSRand to control and monitor the SSR and externalforces so that the fisheries and coastal resourcesmanagement strategies can be brought to a point ofbalance between DSFCR and SSFCR. While de-mands and pressures on natural resources continueto increase, Thailand’s effort to control populationgrowth are making some headway. Changes inconsumption patterns have tremendous effects onnatural resources exploitation offsetting the humandemands as a result of population growth.

Natural ResourNatural ResourNatural ResourNatural ResourNatural Resources Demandces Demandces Demandces Demandces Demand

Natural resources provide for human needs.However, as demand increases, natural resources areused up. Expenditure to bring degraded naturalresources back to their original condition would becostly. The supply-demand paradigm in Chapter 1explains clearly the management and mismanage-ment scenarios.

There are issues relevant to the natural re-sources demand as follows:

! Though equilibrium is ideal, there are waysto manage the natural resources to fluctuatearound the equilibrium point; and

! Monitoring of fisheries and coastal re-sources conditions is necessary.

Coastal ACoastal ACoastal ACoastal ACoastal Aquaculturquaculturquaculturquaculturquacultureeeee

Coastal aquaculture, which includes the cultureof fish, crab, prawn and shellfish, are increasinglyimportant alternatives to the declining marinecapture fisheries. Among all species cultured, tigerprawn (Penaeus monodon) is the most popular andoccupies a large area of coastal zone. Foreignexchange earnings, employment and associatedindustrial development have expanded during thepast 10 years. The positive contribution of tiger

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prawn aquaculture has complemented the impressiveeconomic growth of Thailand. However, negativeconsequences of tiger prawn aquaculture have alsobeen noted. Environmental costs are not considered.This is misleading but the substantial foreignexchange earnings have prompted the Thai govern-ment to encourage the tiger prawn aquacultureindustry.

The present slowdown of tiger prawn aquacul-ture is largely due to the use of unsuitable land (ricefields, fruit orchards, rubber plantations), infesta-tions of pests, disease, and water pollution, man-grove deforestation, increased prices of inputs (feed,fingerling, labor, chemicals), and scarcity of tigerprawn parent stocks. It is also believed that theslowdown in this industry was one of the contribut-ing causes of overall macroeconomic downturn andthe financial crisis that hit Thailand in 1997.

A case study in Khlung District, ChantaburiProvince, illustrates that the major problem facingthe industry has been the changing coastal environ-ment. This resulted from pollution, improperwastewater treatment, improper sludge disposal,uncontrolled industry expansion and weak enforce-ment of laws and regulations. Apart from environ-mental problems, the tiger prawn industry is nowfacing international interventions such as traderestrictions, quality assurance and environmentalpolicy controls by importing countries.

SSSSSUPPLUPPLUPPLUPPLUPPLYYYYY-----SIDESIDESIDESIDESIDE F F F F FISHERIESISHERIESISHERIESISHERIESISHERIES ANDANDANDANDAND C C C C COAOAOAOAOASTSTSTSTSTALALALALALRRRRRESOURCESESOURCESESOURCESESOURCESESOURCES (SSFCR) (SSFCR) (SSFCR) (SSFCR) (SSFCR)

The SSFCR are marine capture fisheries, deep-sea fishery, mangrove resources, seabed and coastalminerals, and coastal tourism resources. The follow-ing subsections present analyses of SSFCR statusand identify predominant issues associated with theSSFCR.

Marine CapturMarine CapturMarine CapturMarine CapturMarine Capture Fe Fe Fe Fe Fisheriesisheriesisheriesisheriesisheries

Marine capture fisheries are fishing activities inthe sea starting from the mangroves and intertidalzones to Thailand’s 200-mile EEZ. Deep-sea fisher-ies in international waters will be considered in thefollowing subsections.

Marine capture fisheries in the EEZ involvedifferent types of fishing gear, different boat sizes,different species caught and all other fishing activitywithin the national boundary as provided for byUNCLOS. In it, Thailand gained 60 percent morein sovereign waters but lost about 300 000 squaremiles on the high seas after it was declared part ofthe neighboring countries’ EEZ.

Even though the sovereign waters of Thailandincreased, fishery abundance is questionable, asmost of the Thai waters have been heavily exploited.There has been visible evidence indicating that thequantity and quality of Thailand’s fisheries havebeen degraded to the point close to or exceedingthe estimated maximum carrying capacities. Inaddition, the catch of high priced fish has de-creased resulting in additional efforts to compensatefor higher fishing costs. Consequently, incidents ofThai fishing boats caught encroaching the waters ofneighboring countries are increasingly beingreported. Within Thailand, trawlers intrude into theprohibited 3 000 m zone which is preserved forsmall-scale coastal fishers and into protected areas.

Recently, there was a proposal for an expansionof the conservation zone in Phangnga Bay, whichwould take in waters off Phuket, Krabi and Ranong.Inshore fishers demanded that the Fisheries Depart-ment extend the conservation zone from 259 squaremiles to 773 square miles to allow a greater area forthe rehabilitation of fish stocks. The Phuket FisheryAssociation representing commercial trawlersinitially proposed the conservation area be ex-panded to 401 square miles but the meeting optedfor 649 square miles as suggested by fishery biolo-gists.

An agreement of sorts was reached. A committeewas set up to study the appropriate area and reportwithin three months. It agreed that the currentprotected area is the basis for further discussion butenforcement would only continue in the original259 square miles zone for the time being. There areseveral issues associated with the marine capturefisheries as follows:

! The qualitative and quantitative abundanceof fishery resources has decreased;

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! Increasing competition to enter protectedzones;

! Attempts to reach agreements on jointventures with neighboring countries;

! Attempts by the government and concernedinstitutions to enforce existing laws andregulations and issue new regulations;

! Attempts by small-scale fishers to protect fishspawning grounds and to extend currentareas under conservation; and

! The private sector has expressed its desire tofish in international waters.

Deep-Sea FDeep-Sea FDeep-Sea FDeep-Sea FDeep-Sea Fisheriesisheriesisheriesisheriesisheries

The deep-sea fisheries open a new frontier for theThai fishing industry as a result of the Chulabhornresearch conducted jointly with Burma duringNovember 1989 to January 1990. The amount ofcatch and the costs involved appear to entice boatoperators. However, the deep-sea fishery in Thailandis still at an initial stage of research on feasibility,preparation for equipment and modern fishingtechnology, legal and policy perspectives and joint-venture possibility. Countries like Japan, Taiwan andChina have had much experience in deep-sea fisher-ies, from which Thai fishers can learn. Joint fisheryventures seem to be the best alternative to moveThailand’s stagnant fishing industry forward. How-ever, joint-venture deals sometimes involve unfairbenefit distribution and breaking of the joint-venturerules and regulations. All parties involved in jointfishery ventures have to play an appropriate role toimplement the agreements; otherwise benefits will notaccrue to all. There are several issues identified in thepresent research as follows:

! There is deep-sea fishery potential on thewestern coast of Phuket and around the 90East Ridge. Some attempts by the Departmentof Fisheries in conjunction with PhuketFisheries Association and Burma have shownfavorable economic returns;

! There are a few fish species such as yellow-fintuna (Thunnus albacares), tuna (Thunnustonggol), eastern little tuna (Euthynnus affinise),and skipjack (Katsuwonus pelamis) to be caughtfor commercial purposes;

! Need for training to enhance fishers’ experi-

ences have been indicated;! Modern fishing gear and technologies and

supporting storage facilities are needed.These involve high initial investments;

! Supporting onshore facilities have beendeveloped along with the air transportationof fish catch to markets, mainly to Japan;and

! Joint-venture development is necessary.

MangrMangrMangrMangrMangrovesovesovesovesoves

Mangrove timber and wood products are in highdemand. Mangroves are cut for charcoal, whilehardwood from several remote islands has beenheavily logged for timber. During the period 1961 to1993, mangrove forests have been reduced by morethan 54 percent. However, in 1996, the mangrovearea gained 13% due to the proposed ban on man-grove concessions and a 1996 cabinet resolution thatprohibits all new mangrove concessions. The ban wastriggered by problems in the tiger prawn industryand a relative loss of international competitiveness ofThai prawns to neighboring countries. Other reasonsthat contributed to this ban are the changing atti-tudes of the population toward mangrove conserva-tion, the roles of the non-government organizations’(NGOs) mangrove rehabilitation programs and thenatural regeneration of mangrove forests.

Increased mangrove cover is both a quantitativeand quality consideration. Mangrove quality refers tothe composition of mangrove tree species, its aquaticlife and the local community which it supports.According to reports and observations, biodiversity ofmangrove forests has changed. Many mangrove forestspecies have been lost forever. Some of the mainfactors responsible for this reduction in quality areactivities such as direct use of mangrove timber,wastewater drainage and sludge from shrimp farmingand global climate change. The local communitiesliving in and around the mangrove forests are alsoaffected due to the loss of their means of livelihood.Their economic, social and cultural characteristicshave been altered to the point that some areas ofindigenous knowledge has quickly disappeared.Issues concerning the management and use ofmangroves are:

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! Mangrove resources are highly dependent ondomestic and international forces such asgovernment policies to encourage groupmanagement of shrimp farm operation inline with mangrove existence and shrimpprices in the international market. Thesefactors have dramatic effects on both man-grove quantity and quality;

! Although there is a positive trend in man-grove management, there is still uncertaintywhether this trend can be maintained;

! The recovery rate of natural or rehabilitatedmangroves is slower than the use rate; and

! Mangrove forests can be educational siteswhere eco-tourism can be promoted.

Coastal MineralsCoastal MineralsCoastal MineralsCoastal MineralsCoastal Minerals

Minerals found in the coastal zone have beenheavily mined. For example, there are no longer anytin deposits which can be commercially mined. Sandmining is another issue which has received muchpublic attention. There are domestic and regionaldemands for white sand either for house and roadconstruction or for beach nourishment. Explorationof mineral deposits along the coastline is moredifficult. During the survey and exploration forminerals, it is inevitable that mangrove trees are cut.

Other important seabed minerals are petroleumproducts such as crude oil, condensate and naturalgas that are found scattered in the Gulf of Thailand,the Andaman Sea and in some disputed areas nearCambodia and Malaysia. Oil and gas exploration iswell developed in the Gulf of Thailand while thefeasibility for similar development in the AndamanSea is still being studied. In terms of sand, seabedand coastal minerals, several issues have beenidentified:

! Many mineral deposits in Thailand, espe-cially tin, have been mined to exhaustion;

! Sand mining is being practiced despitebeing illegal. This is a dangerous practice asseveral negative consequences follow such ascoastal erosion and loss of esthetic values;

! Petroleum exploration in the Gulf ofThailand is well developed, while theAndaman Sea is still at an early stage ofdevelopment;

! Some disputed areas are under joint devel-opment; and

! The transportation of petroleum productsby pipeline is controversial as their construc-tion requires cutting trees as well as disrupt-ing local communities and historic sites.

Coastal TCoastal TCoastal TCoastal TCoastal Tourismourismourismourismourism

Coastal tourism resources include 3S-1C (sun,sand, sea, and culture). Thailand is fortunate to havesunshine throughout the year with monsoonsaffecting both sides of the coast alternately every sixmonths. Tourism is favorable year round. Cleanbeaches, white sands and appropriate beach slopesare the main attractions. In Thailand, sand miningis a new phenomenon. Sand is sold for beachnourishment and used for landfill and road con-struction. The sea is another important componentinvolving clear and clean water, colorful and un-spoiled coral reefs and fish, moderate wave move-ment free from stinging jellyfish. Again, Thailand isconsidered fortunate to have these qualities on bothcoasts (i.e., Phuket, Krabi, Trang on the west coast,and Chanthaburi, Prachubkirikhan, Chumphon,Surathani, Songkhla on the east coast).

These three components of coastal tourism areattributes of nature which, if left untouched, aredependent only on natural functions. However,activities such as marine capture fisheries, coastalaquaculture, tourism, infrastructure development,industrial waste and household sewage and otheractivities are also competing with these resourcesused for tourism. These activities can be consideredas a form of culture, which can degrade and/orenhance the quality of coastal tourism resources.Culture includes tradition, art forms, architecture,infrastructure, transportation, communication, lawsand regulations. These are major components ofculture that are significant for the existence oftourism resources in the natural system. There areseveral issues related to coastal tourism resources:

! Coastal tourism sites have been developedfollowing similar development patterns;

! Several coastal developments have benefiteda few large developers while the local peopleget a smaller share;

! The traditional way of life in communities

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continues to change, even in remote areas;! Fisheries and coastal resources continue to

be degraded because of exploitation fromboth sea-based and land-based activitiesincluding wastes;

! Some coastal tourism sites are learning frompast mistakes. They are moving toward morelocal participation and environment-friendlyapproaches; and

! Increasing competition to access new touristsites such as marine national parks.

Case StudyCase StudyCase StudyCase StudyCase Study: Shrimp W: Shrimp W: Shrimp W: Shrimp W: Shrimp Wastewater Co-astewater Co-astewater Co-astewater Co-astewater Co-Management in Ban Kwian Huk,Management in Ban Kwian Huk,Management in Ban Kwian Huk,Management in Ban Kwian Huk,Management in Ban Kwian Huk,Chantaburi PChantaburi PChantaburi PChantaburi PChantaburi Prrrrrovinceovinceovinceovinceovince

Ban Kwian Huk is managed under the KwianHuk Sub-district Administration Organization,Khlung District, Chantaburi Province (see map inFigure 5.2). The coastal area has been used forshrimp aquaculture for some time. Chantaburi wasone of the pioneers of the shrimp farming industry.Coastal resource problems occurred as shrimp farmsbecame increasingly susceptible to diseases. Theinfestation resulted in the collapse of the shrimpindustry in this province. One of the main causeswas the improper management of wastewater andsludge drained from shrimp farms into commonwaterways. This polluted wastewater and sludge waslater pumped into the ponds unintentionally orunknowingly.

The implementation of measures to regulateshrimp production and control wastewater qualityrequires the development of an effective managementplan. Techniques such as co-management can beused to overcome environmental problems caused bycontaminated water supplies, shrimp diseases andthe open-access nature of the resources used forshrimp aquaculture. The rationale for co-manage-ment employed within the Integrated Coastal ZoneManagement (ICZM) framework is a process forproducing effective management plans based on anecosystem approach and local community participa-tion.

This case study focuses on identifying thestakeholders in Ban Kwian Huk. The stakeholders inturn identify key issues to be addressed. Throughthis process, the community has focused its effort on

capacity building of the shrimp farmers as partnerswith the local government officials in the develop-ment of a local community-based action plan. Aneed for education was clearly identified andaddressed through a series of training courses,education campaigns, cross-site visits, seminars andworkshops led by the shrimp farmers and localofficials. The steps in the formulation of the co-management approach, using the present wastewaterproblem and sludge disposal as starting point, areas follows:

Step 1: Define the problems and opportunities,existing policies and work plans of thegovernment at both national andprovincial levels. The conflictingpolicies and plans are identified andwill be updated. A planning teamcomposed of shrimp farmers and thepublic is created to work to identifymanagement and sustainable develop-ment options and to decide on theplanning approach.

Step 2: Some necessary data are identified andcollected by a collaborative team ofshrimp farmers and government offi-cials. The team analyzes the currentsituation and considers options includ-ing zoning of land and water use.

Step 3: Plans and options are prepared andpresented for public discussions. Theyare then revised taking into account theplans of the government and budget.

Step 4: Formulation of actions for implementa-tion are undertaken to include as muchcooperation as possible from concernedinstitutions. Some training may berequired with major emphasis onproject proposal development. It isimportant that in many stages ofdeveloping the project proposal asidentified in Step 3, the Kwian HukSub-district Administration Organiza-tion has to involve concerned govern-ment agencies so that the proposedbudget will be approved. The projectsand action programs should be moni-tored and evaluated to adjust to chang-ing environments.

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Figure 5.2 Location of Case Study Sites.

Pak Phanang, Nakhon SiThammarat Province

Ban Kwian Huk, Klung,Chantaburi Province

Tarutao National MarinePark, Satun Province

Ban Laem Makham,Sikao, Trang Province

GULF OF THAILAND

AN

DA

MA

N S

EA

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The integrated coastal area management (ICAM)approach resulted in the formation of a local ShrimpFarmers Group. This was later transformed into thenewly decentralized organization, the Kwian HukSub-District Administration Organization. Thisplanning process enhances the shrimp farmerscapability to identify problems, explore solutions,and formulate action plans to integrate them into theprovincial integrated master plan. The experiencedemonstrated that sustainable farm development canbe initiated by a process of organized managementarrangements at the local level under the ICZMframework. It has shown that shrimp farmers, whowere once blamed for much of the degradation, canbe effective coastal zone managers.

Co-management ApprCo-management ApprCo-management ApprCo-management ApprCo-management Approaches for the Manage-oaches for the Manage-oaches for the Manage-oaches for the Manage-oaches for the Manage-ment of Shrimp Wment of Shrimp Wment of Shrimp Wment of Shrimp Wment of Shrimp Wastesastesastesastesastes

Co-management strategies are described in thissection to provide opportunities for the ShrimpFarmers Group to improve production throughminimized self-pollution problems and other poorproduction factors, including outbreaks of disease.The rationale for co-management practices employ-ing the Integrated Coastal Management (ICM)framework for the promotion of shrimp productionand wastewater management is a promising model.The model is expected to adjust the DSR (aquacul-ture operations) and the SSR (natural function) toequilibrium by having the stakeholders and support-ing institutions working together. The local shrimpfarmers expressed their eagerness to form a group inorder to create collective power for management, seekgovernment support and request external funds.Initially, the group has to encourage the local com-munity to become active participants. The Govern-ment officials have the academic knowledge whereasthe shrimp farmers have their extensive experience.Working in cooperation will eventually generatebenefits to all parties.

The co-management strategies of farm watersupply in shrimp farming are presented as follows:

Strategy One:

Prepare procedures to eliminate existing sourcesof sludge, sediment and other pollutants enteringthe water channels.

Rationale:Rationale:Rationale:Rationale:Rationale:

Sludge from shrimp farms is a major source ofpollution. Elimination of this pollution is the firststep in improving water quality in the water chan-nels. This involves including as many shrimpfarmers as possible in the Shrimp Farmers Group.Farmers are strongly urged to begin consideringinnovative ways to use portions of their pond areafor use as a water reservoir and develop separateintakes and outlets.

Objective:Objective:Objective:Objective:Objective:

To identify all existing sources of sludge andsediment entering the water channels and to de-velop procedures to deal with pollution.

Action:Action:Action:Action:Action:

1. Identify where sludge and sediment enter thewater channels;

2. Identify seasonality of sludge and sedimententry;

3. Identify methods to be used to eliminate sludgeand sediment sources; and

4. Collect baseline water and soil data from severallocations from the main water channels.

Strategy Two:

Legislate rules to prevent sludge and sedimentfrom entering water channels.

Rationale:Rationale:Rationale:Rationale:Rationale:

Once the Shrimp Farmers Group is able toeliminate pollution from farms, the Group mustestablish rules to prevent the same problems fromreoccurring. It is important for non-members torealize the importance of group action againstcommon problems.

Objective:Objective:Objective:Objective:Objective:

To develop rules to control sludge and sedimentdisposal into common water channels and to seekagreement with non-members to discuss futureprotocols.

154

Action:Action:Action:Action:Action:

1. Identify methods and community rules to controlfuture sludge and sediment sources and theirentry into the water channels;

2. Identify how sludge and sediment from non-member sources will be prevented from enteringthe water channels;

3. Identify how the Shrimp Farmers Group ruleswill be monitored and enforced; and

4. Prepare protocols to be discussed with the non-members.

Strategy Three:

Conduct problem/solution workshops to identifylong-term solutions.

Rationale:Rationale:Rationale:Rationale:Rationale:

It is important to circulate the Shrimp FarmersGroup findings and activities to a wider audience.This will facilitate future cooperation. Experiencesfrom other stakeholders in the same or different areasare beneficial to the Shrimp Farmers Group to learnand design management strategies.

Objective:Objective:Objective:Objective:Objective:

To seek other people’s knowledge and experi-ence for mutual benefits. It is also a public relationscampaign to increase the credibility of the Group.

Action:Action:Action:Action:Action:

1. Prepare relevant documents and locate resourcepeople to conduct the workshop;

2. Identify participants;3. Review information; and4. Formulate solutions based on the results of the

workshop.

Strategy Four:

Plant mangroves along the inner edges of thewater channels.

Rationale:Rationale:Rationale:Rationale:Rationale:

Mangrove trees play an important role in waterquality control. They aid in the reduction of organic

materials draining into the water channels and helpremove excess dissolved nutrients from the routinerelease of water.

Objective:Objective:Objective:Objective:Objective:

To initiate the use of mangrove trees as a naturalmethod of water quality improvement in the canalsand water channels.

Action:Action:Action:Action:Action:

1. Identify locations for mangrove tree planting;2. Mangrove planting at demonstration sites near

the Shrimp Farmers Group farms;3. Use Shrimp Farmers Group farm locations for

water quality sampling and testing; and4. Use planting activities as a participation tool for

neighboring shrimp farmers, students, localscholars, and the public.

Strategy Five:

Conduct farm production trials.

Rationale:Rationale:Rationale:Rationale:Rationale:

The Shrimp Farmers Group members partici-pate in farm production trials. These farms have todemonstrate current financial viability and agree touse a reservoir for preconditioning water and followrecommended farm management procedures for atleast two crop cycles.

Objective:Objective:Objective:Objective:Objective:

To demonstrate that implementation of sustain-able production measures using improved watersupply strategies and renewed operating practicesimprove profitability.

Action:Action:Action:Action:Action:

1. Select five to ten Shrimp Farmers Group mem-bers who are willing to participate in the farmproduction trials;

2. Monitor and evaluate all stages of production;and

3. Provide production guidance to participatingfarms.

155

Strategy Six:

Remove sludge.

RRRRRationale:ationale:ationale:ationale:ationale:

The existing accumulated sludge should bephysically removed. The physical removal of sludgeand its preventive control are beneficial to shrimpfarming success.

Objective:Objective:Objective:Objective:Objective:

To prevent pollution from entering the shrimpponds, exhibiting one of the important factors forsuccessful shrimp farming.

Action:Action:Action:Action:Action:

1. Undertake the development of sludge removalplans including the sourcing of equipment,materials, and techniques; and

2. Provide labor and operating costs for sludgeremoval programs for exhibition farms.

NNNNNAAAAATIONALTIONALTIONALTIONALTIONAL P P P P POLICIESOLICIESOLICIESOLICIESOLICIES, P, P, P, P, PLLLLLANSANSANSANSANS, L, L, L, L, LAAAAAWSWSWSWSWS ANDANDANDANDANDIIIIINSTITUTIONSNSTITUTIONSNSTITUTIONSNSTITUTIONSNSTITUTIONS

Historical Development of PHistorical Development of PHistorical Development of PHistorical Development of PHistorical Development of Policies, Plans,olicies, Plans,olicies, Plans,olicies, Plans,olicies, Plans,Laws and InstitutionsLaws and InstitutionsLaws and InstitutionsLaws and InstitutionsLaws and Institutions

When the Thai script was invented in 1283 byKing Ramkhamhaeng written laws were based onHindu scriptures. Important policies of the periodincluded free trade, irrigation systems developmentand water supply systems. As the social and economicarrangements were based on an agrarian system, thepolicies were largely related to agricultural produc-tion. There was no direct policy, plan, law andinstitution aimed at managing the fisheries andcoastal resources, and coastal environment as abun-dant supply made this unnecessary.

During the Sukhothai period (1235-1350), apaternal government existed. The state was a largefamily comprised of parents and children. The headof the family, who was often the father, had anabsolute authority to govern the family. The familyrepresents the capital city and other inner-ringedcities. The public administration was decentralizedso that the outer-ringed cities have their own

paternal governments who were dependent on thegovernment in the capital city.

In the Ayutthaya period (1350-1767), the statusof the King changed from a father figure to apresumed god. This affected the public administra-tion system, changing it from a paternal governmentto absolute monarchy. Administration was based onthe Four Pillars Ministerial System which wasderived from the Khmer and Indian civilizations.These were the four main ministries necessary forthe government to control and promote the prosper-ity of the state and the people. These were: interior,palace, finance and agriculture, which dealt withgovernance led by the King, taxation and revenuefor the King and government officials, and foodproduction. The structure of the public administra-tion system was not complicated compared with laterdevelopments. It was considered sufficient, as thesupply of resources was still abundant. This structurewas practiced until the reign of King Rama V of theRattanakosin era (1868-1910). The laws wereclassified into three categories: laws enabling theKing to have absolute power and maintain themorals of the King; laws prescribing the regulationfor civil servants, land laws and social status of thegoverned civilians and other laws addressing othergovernance issues. It can be seen that prosperity andpeace relied heavily on the morals of the King.Administration was aimed at the well-being of theKing and his monarchy, while the well-being of thepeople depended on the King’s morals in relation toreligious beliefs.

During the reign of King Rama V, Thailandincreased its international involvement, as therewere trading affairs with many western countries, sothe public administration, laws and policy becomemore internationalized. In this era, the King’s powerwas reduced by the establishment of central, provin-cial and local administrations. The first laws con-cerning fisheries appeared in the era of King RamaIII in the form of water revenue laws. These lawswere revised later during the reign of King Rama Vand called the Water Revenue Act (Rattanakosin Year120), which described the revenue that was collectedfrom water usage, especially from the fishers.

The main policies during the reign of KingRama stressed on five main aspects:

156

Figure 5.3 A Demand-Supply Paradigm with Historical Development in Thailand.

Quantitydemandedand suppliedIndex

100

50

0

SSR

DSR

Explicittrades

Free tradepolicy - Production technology

- Advanced communication- Improved transportation- Increased foreign trades- Distribution of the King’s authority

Sukhothaiperiod

Ayutthaya toEarly Rattana-kosin period

King Rama Vperiod

- Modern technology- Political advancement- Social and economic development- Increased environmental concerns- Regional cooperation International Intervention

King Rama IX topresent period

Mismanaged situation

Managed situation

! Uniting Thailand through control over allstates;

! Strengthening the public administrationsystem to prevent colonization from the west;

! Facilitating improved livelihood opportuni-ties for civilians so that the tax collectedcould be used for infrastructure improve-ment as well as avoid western colonization.

! Central administration has controls overouter-ringed cities; and

! Fair treatment for all under-governedcivilians.

A dramatic change in Thailand’s political systemtook place during the reign of King Rama VII (1932)when absolute monarchy was superseded by demo-cratic reforms and the status of the King was trans-formed from being a presumed god to a symbolicleader. The public administration system remained

the same as in the reign of King Rama V. Only somenew local organizations were allowed to be estab-lished. There still existed a top-down administrationthat enabled the central administration to poolauthorities and resources within its hands.

From the graphical representation of DSR andSSR movements shown in Figure 5.3, the Sukhothaiperiod shows a constant demand as a subsistenceeconomy prevailed. Increased foreign trade isevidenced during the Ayutthaya to earlyRattanakosin periods, and dramatic increases duringthe reign of King Rama V when production, commu-nication, transportation and foreign trade wereimproved. During the reign of King Rama IX,Thailand opened its economy to internationalmarkets and associated Thailand with the interna-tional community.

157

Figure 5.4 Policy Formulation and Planning Processes at Different Levels of Administration.

National

Ministry

Development Plans at Departmental LevelsDepartment

National Economic andSocial Development Plans Government Policies

Specific DevelopmentPlans and Policies

Development Plans at Ministerial Levels

Provincial DevelopmentPlan

Provincial EnvironmentalAction Plan

AmphurDevelopment Plan

Provincial

Local Municipal

DevelopmentPlan

ProvincialAdministrationOrganization

Development Plan

TambonAdministration

Development Plan

Pattaya CityDevelopment

Plan

Public Administration Systems andPublic Administration Systems andPublic Administration Systems andPublic Administration Systems andPublic Administration Systems andNational PNational PNational PNational PNational Policiesoliciesoliciesoliciesolicies

National policies are formulated by the centraladministration and then given to the provincial andlocal administration for implementation. The publicadministration structure involving central, provincialand local administration is shown in Figure 5.4. Thisprocess has been under heavy criticism as it hascreated many undesirable consequences resulting inthe degradation of fisheries, coastal resources andthe coastal environment. The general public does nothave true participation in managing their resources.Majority of the benefits generated from this form ofadministration fall into the hands of politicians, theirclients, capitalists and high-ranking governmentofficials. For the past 15-20 years, there has beensome movement among intellectuals, white-collarworkers, non-government organizations andgrassroots organizations to push for political andbureaucratic changes and local management. In

addition, globalization requires a less centralizedform of administration. The New 1997 Constitutionand other laws revolutionized how Thailand isgoverned especially in resource and environmentalmanagement.

As shown in Figure 5.5, there are at least sevenmeasures supported by the New Constitution toenable a more transparent, efficient and effectivepolitical and bureaucratic system for the managementof fisheries, coastal resources and coastal environ-ments.

National PNational PNational PNational PNational Policiesoliciesoliciesoliciesolicies

Centralized public administration prevails inmost resource management policies in Thailand.This includes fishery and coastal resources. A major-ity of national policies shows unclear roles andresponsibilities of the concerned institutions.Current government policies emphasize the sustain-

158

Figure 5.5 Measures to Enable Government to Become More Transparent, Efficient and Effective.

Governmentbureaucracy

Rights to inspect governmentoffices/civil servants

Rights to access information andexplanation from government

offices/ civil servants

Rights for NGOs and educationinstitutes to assess impacts from

development projects

Rights for 50,000 voters to inspectpoliticians, judges and civil servants

Reduce vote-buying

Imposition of measureto prevent corruption

Increase monitoring and control mechanismfor all relevant aspects

Transparent, efficient and effectivegovernment bureaucracy

able use of the fisheries and coastal resources. Somekey policies are the National Forest Reserves policy(1964), the Non-Hunting Area policy (1984), and theFishery Protection Zone (1972). These policies areconsidered appropriate for the physical characteris-tics and sustainable use of the fisheries and coastalresources.

Many coastal zones are covered by mangroveforests. They act as buffers preventing coastal erosionand are nurseries for aquatic animals. The preserva-tion policy is expected to conserve this intricate andinterdependent ecosystem. A fertile mangrove forestsupports fisheries, recreation and tourism.

Settlement in the coastal zone should be avoidedas it is susceptible to natural calamities such astyphoons, coastal erosion and floods. However, therehave been several cases of encroachment of mangroveforests, beaches and saltwater swamps for settlement.

The objective of the fish protection zone is toconserve the fertile spawning and nursing grounds ofaquatic animals. In addition, it protects the small-scale fishers from the destructive fishing practices oflarge-scale commercial fishing operations.

Though well intentioned, the policies are notfully implemented. Among the reasons are insuffi-cient decentralization, unclear boundaries of man-grove forest reserves, imposed boundary overlapswith private lands as well as the inefficiency andineffectiveness of the relevant institutions. Flexibleapproaches in solving conflicts concerning settle-ment in protected forest reserves is another reason.This problem is intractable due to frequent changesin government and the tendency of politicians to usethe Land Code as a bargaining chip to maintaintheir position as land right is the most crucial issuein Thai politics.

Land increasingly becomes a major factor ingovernment planning because of previous policies onpromoting population growth, agricultural export-oriented policies, and policies on unlimited landholdings. The first two policies have created demandfor land. Consequently, people encroach the nationalforest reserves, converting them into settlements andfarms for their livelihood. The last policy hasresulted in a few landlords with large landholdings,many small landholders and numerous landlesspeople.

159

At present, the population growth policy hasbeen effectively replaced by population control whilethe agriculture export orientation and unlimitedlandholding policies are still in effect. There havebeen serious efforts put into community forestrypolicies to solve the problem of encroachment innational forest reserves. The rationale is that man andforest can coexist. This policy has been well receivedby the public. It is still at the stage of public hearingsand undergoing formal procedures.

National PlansNational PlansNational PlansNational PlansNational Plans

In Thailand, relevant national plans for fisheriesand coastal resources management can be classifiedinto two main groups, the National Economic andSocial Development Plans and Specific DevelopmentPlans.

! The National Economic and Social Develop-ment Plans. These plans play a crucial rolein the development direction of Thailand.There have been seven plans so far and atpresent, the eighth plan is in effect. Theformer plans focused mainly on infrastruc-ture development, exports and a rush tobecome an industrialized country ignoringenvironmental protection. However, theeighth plan focuses on human resourcedevelopment and public participation indesigning the development direction. Withregard to fisheries and coastal resourcesmanagement, the contents of the planinvolve:

1. rehabilitation of the fisheries and coastalresources by promoting alternative use;and

2. participation of communities in plan-ning and implementing the use of theseresources and the importance of informa-tion for decision-making and planning.

! Specific Development Plans. These plansaim at developing a specific area, topic ortarget population. These are extensive andinvolve many aspects. There are manycommittees nominated or elected to imple-ment the plans. The many plans andcommittees have created problems of

overlap, confused lines of command andinsufficient coordination.

Apart from these plans, there are other plans atthe ministry, department, provincial, district, sub-district and local levels. Most deal with the well-being of the people and treat the environment as aseparate concern. Many plans continue to focus onconstruction of facilities, which generally involvehigh capital investment and often are not fully andefficiently used for the designed purposes.

National Laws, RNational Laws, RNational Laws, RNational Laws, RNational Laws, Regulations, andegulations, andegulations, andegulations, andegulations, andInstitutionsInstitutionsInstitutionsInstitutionsInstitutions

National laws, regulations and institutions areclosely related in that the government’s institutionsimplement and enforce laws and regulations withthe primary purpose of peace and order. In a marketeconomy, the national laws and regulations attemptto control the exploitation of scarce natural re-sources. Institutions involve attempts to implementlaws and regulations and maintain the integrity ofthe natural resources.

There are direct laws regarding coastal resourcesand coastal environmental management and lawssimilar to those that originated during the reigns ofKing Rama III and King Rama V in the form of theWater Revenue Act. Today, there are at least 37related laws, among them:

! Forest Act, 1941;! Forest Reserves Act, 1992;! Local Administration Act, 1914;! Public Administration Act, 1991;! Fisheries Act, 1947 amended in 1985;! Wild Animal Protection and Reserves Act,

1992;! Provincial Administration Organization Act,

1997;! Sub-district Council and Sub-district Admin-

istration Organization Act, 1994;! Enhancement and Conservation of National

Environmental Quality Act, 1992;! Land Code, 1954;! Civil and Commercial Code;! Navigation in Thai Waters Act, 1913; and! The 1997 Constitution of the Kingdom of

Thailand.

160

There are also several cabinet resolutions andministerial notifications allowing sufficient flexibilityin the implementation and enforcement of these lawsand regulations.

There are a considerable number of laws andregulations concerning natural resource management,but several problems hindering such activities exist.These include:

! Loopholes;! Light penalties;! Repetition and conflicting content;! Difficulties in implementation and enforce-

ment; and! Centralized and complicated procedures for

law enforcement.

The following matrix (Table 5.3) shows therelationship between roles and responsibilities ofconcerned institutions for fisheries and coastalresource management.

Case StudyCase StudyCase StudyCase StudyCase Study: Law Enfor: Law Enfor: Law Enfor: Law Enfor: Law Enforcement in Fcement in Fcement in Fcement in Fcement in Fish-ish-ish-ish-ish-eries and Coastal Reries and Coastal Reries and Coastal Reries and Coastal Reries and Coastal Resouresouresouresouresources in Laemces in Laemces in Laemces in Laemces in LaemTTTTTalumpukalumpukalumpukalumpukalumpuk

Laem Talumpuk (see map in Figure 5.2) is aclassic case study of insufficient laws and poorenforcement of regulations. It represents conflictinguses of resources, such as marine fisheries andmangroves. In addition, shrimp aquaculture has beendeveloped in vast areas and encroaches into themangrove forests where local people derive theirlivelihoods. The problems occurring in this area arecomplex and are affecting the local people andinstitutions.

Geographically, Laem Talumpuk is situated in anelongated hook of Pak Phanang Bay surrounded bymangrove forests. The hook serves as a catchmentcausing the sediments to deposit. This has resulted inthe extension of the Pak Phanang Bay shorelinecreating shallows, which allow mangrove forests tocolonize. The newly formed mudplain is a naturalphenomenon creating new un-owned land thatgovernment instruments are unable to manage. Therehave been disputes between the local people andurban areas whose interests are conflicting. The localpeople want the new land to be covered with man-

grove forests so that it will protect the village fromstrong winds, storms and typhoons while others wantthis land for future development such as shrimpfarming.

The main livelihood of the people in LaemTalumpuk is fishing. However, the sea is increasinglybeing subjected to exploitation by large trawlersencroaching the protected zone. Mangrove forests areconverted into shrimp ponds or lose their character-istics by sedimentation and dry-out. The local peopleare exercising their resource use rights with limitedsupport from legal instruments and insufficientattention from concerned institutions. However, theestablishment of the Sub-district AdministrationOrganization in 1994, and with strong local leaders,has encouraged the local people to attempt to protecttheir rights and to request for more local governmentsupport. These initiatives appear to work but thereare still loopholes wherein the local people and theresources are further exploited.

With relatively weak village cohesion and limitedattention from the local government, Laem Talumpukcontinues to be an area of conflict and intensivecompetition for resource use among stakeholders.Problem issues identified in the present research areoutlined as follows:

! Trawlers and large-scale push netters en-croach the prohibited 3 000 m zone displac-ing small-scale fishers from their traditionalfishing grounds;

! Mangrove forest destruction and illegalclaims on mangrove lands brought about bythe open access regime of property rights inmangroves;

! Susceptibility to natural disasters such asheavy monsoons and tropical typhoonswhich limits tourism development andcapital investment;

! Insufficient local government attention tohelp the local people exercise their rights touse and protect the fisheries and coastalresources;

! The local people have weak cohesion andattachment to their local organizationbrought about by the seasonal migration offishers in search of better fishing grounds;and

161

Table 5.2 Interrelationship Matrix Between Roles and Responsibilities of Fisheries and Coastal Resources ManagementInstitution.

Soil M

anag

emen

t

Wate

r Man

agem

ent

Aqua

cultu

re

Fishe

ry

Agric

ultur

e

Fore

stry

Tran

spor

t & C

ommu

nicati

on

Indus

trial

Minin

g

Urba

n Dev

elopm

ent

Tour

ism

Natur

al Di

saste

r Man

agem

ent

Envir

onme

ntal M

anag

emen

t

Land

Use

and P

lannin

g

1. Office of the Prime Minister1.1 Office of the National

Economic and SocialDevelopment Board

1.2 The Bureau of Budget1.3 The Tourism Authority of

Thailand2. Ministry of Finance2.1 Bank for Agriculture and

Agricultural Cooperatives3. Ministry of Agriculture and

Cooperatives3.1 Department of Fisheries3.2 Royal Forest Department3.3 Land Development

Department3.4 The Royal Irrigation

Department3.5 Department of Agriculture

Extension3.6 Agricultural Land Reform

Office3.7 The Cooperatives Promotion

Department3.8 Department of Agriculture3.9 The Forestry Industry

Organization3.10 Fishery Marketing

Organization4. Ministry of Science,

Technology and Environment4.1 Office of Environmental Policy

and Planning4.2 Department of Environment

Quality Promotion4.3 Pollution Control Department4.4 The National Research

Council of Thailand4.5 Wastewater Control

Organization

RFM

BM-

-

--

RP

-

-

PE

S

R-

-

FM

P

PER

-

RFM

BM-

-

RP-S

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-

S

-

R-

-

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P

PER

-

RFM

BM-

B

RPE--

-

S

S

S

--

S

-

-

-R

P

RFM

BM-

B

RPE-

-

-

S

-

S-

-

-

-

-R

-

RFM

BM-

B

--S

S

P

S

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R-

-

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-

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-

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---

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BM-

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---

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BMS

-

---

-

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-

-

--

-

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-

-R

-

RFM

BMRP

-

-S-

-

-

-

-

-S

-

-

-

-R

-

RFM

BM-

-

---

-

-

-

-

--

-

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-R

-

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BMS

-

-SS

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-R

-

162

Note: B=Budget; R=Research; F=Plan Formulation; M=Monitoring; I=Implementation;P=F+I+M=Planning; E=Enforcement; S=Supplement.

Table 5.3 Interrelationship Matrix Between Roles and Responsibilities of Fisheries and Coastal Resources ManagementInstitutions. (continued)

Soil M

anag

emen

t

Wate

r Man

agem

ent

Aqua

cultu

re

Fishe

ry

Agric

ultur

e

Fore

stry

Tran

spor

t & C

ommu

nicati

on

Indus

trial

Minin

g

Urba

n Dev

elopm

ent

Tour

ism

Natur

al Di

saste

r Man

agem

ent

Envir

onme

ntal M

anag

emen

t

Land

Use

and P

lannin

g

5. Ministry of Public Health5.1 Office of the Permanent

Secretary for Public Health5.2 Department of Health5.3 Department of Medical

Services5.4 The Food and Drug

Administration6. Ministry of Interior6.1 Department of Land6.2 Public Works Department6.3 Department of Town and

Country Planning6.4. Department of Local

Administration6.5 The Royal Thai Police

Department6.6 The Community

Development Department6.7 The Office of Accelerated

Rural DevelopmentAgricultural Cooperatives

7. Ministry of Industry7.1 Office of the Permanent

Secretary for Industry7.2 Department of Industrial

Works7.3 Department of Mineral

Resources7.4 Offshore Mining

Organization7.5 Petroleum Authority of

Thailand8. Ministry of Transport and

Communications8.1 The Harbor Department8.2 The Meteorological

Department8.3 Port Authority of Thailand9. Ministry of Defense9.1 Royal Thai Navy10. Ministry of University Affairs

-

--

-

PE--

E

E

-

-

-

-

-

--

--

-

-R

S

SS

S

-P-

P

E

-

P

S

S

S

--

-S

-

SR

-

--

-

---

S

E

S

S

-

-

-

--

--

-

SR

-

--

-

---

SE

E

S

S

-

-

-

--

-S

S

-R

-

--

-

---

S

E

-

-

-

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-

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-

SR

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SE

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163

! Illegal and ecologically unsustainableactivities are increasingly evident in thecoastal zone such as sand mining, shrimpwastewater discharge, sludge drained into themangrove forests, cutting of mangroves,hunting of protected animals and intrusioninto the mangrove forests for settlement.

It has been shown that fisheries and coastalresources use conflict is mainly due to poor lawenforcement. Hence, the following are suggestedsteps for effective fisheries and coastal resourcesmanagement in Laem Talumpuk:

Step 1: Use of information technology such asGeographical Information System (GIS)to establish clear boundary for mangroveforest reserves encompassing the newlyformed mudplain. This boundary has tobe made known to all stakeholders.

Step 2: Revision of land right titles in manyprevious land regulations under theLand Code of Thailand. The priorityfor such revision is to ensure that localbenefits are protected. It is important toencourage all stakeholders to participatein the revision.

Step 3: Local government institutions and theSub-District Administrative Organizationshould work together to enforce laws andregulations concerning the nationalforest reserves, fisheries resources andshoreline. Clear responsibilities shouldbe established with the aim of strength-ening the Sub-district AdministrationOrganization.

Step 4: Enhancement of management skills ofthe local people and stakeholders. It isimportant to enhance awareness of thelocal people, public and responsiblegovernment officials to wisely use theresources as well as to prohibit exploita-tion.

Step 5: Establishment of local surveillance unitsto monitor compliance of the law. Theseunits are to be independent of politicalinfluence. Representatives from allstakeholders are to be included.

LLLLLaw Enforaw Enforaw Enforaw Enforaw Enforcement Strategies for thecement Strategies for thecement Strategies for thecement Strategies for thecement Strategies for theFFFFFisheries and Coastal Resourisheries and Coastal Resourisheries and Coastal Resourisheries and Coastal Resourisheries and Coastal Resource Man-ce Man-ce Man-ce Man-ce Man-agementagementagementagementagement

There are at least 37 laws and regulations regard-ing fisheries and coastal resources management inThailand. Enforcement of laws and regulations differsfrom one locality to another depending on govern-ment policies, local activities and their environmentalimpacts, and local administrative structure.

Laws and regulations which regulate the policieson local fisheries and coastal resources are asfollows:

! Forest Reserves Act, 1992;! Wild Animals Protection and Reserves Act,

1992; and! Ministry of Agriculture and Agricultural

Cooperative (MAAC) Notification on 2 July,1972 prohibiting the use of push nets andtrawls within 3 000 m of the coastline.

Laws and regulations that regulate humanactivity and their environmental impacts are:

! Fishery Act, 1947;! Land Code of Thailand, 1954;! Navigation in Thai Waters Act , 1913;! Civil and Commercial Code of Thailand,

1935;! Town Cleanliness and Tidiness Act, 1992;

and! Enhancement and Conservation of National

Environmental Quality Act, 1992.

Laws and regulations on local administration areas follows:

! Sub-district Council and Sub-district Admin-istration Organization Act, 1994;

! Provincial Administration Organization Act,1997;

! Local Administration Act, 1914;! Public Administration Act, 1991; and! Constitution of the Kingdom of Thailand,

1997.

Table 5.3 shows certain activities that haveviolated laws and regulations in Laem Talumpuk.

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In a legal perspective, violations of the existinglaws and regulations are subject to fine and punish-ment. However, in reality these activities still exist inLaem Talumpuk. Persistent violations are caused bya variety of factors such as:

! Fines and punishments are less severecompared with returns from the violation;

! Loopholes in laws and regulations allowingviolators to go unpunished;

! Centralized law enforcement with insuffi-cient cooperation among law enforcementagencies;

! Lack of dedicated personnel, budget andequipment;

! Cohesion among violators forcing officialsto back down; and

! Government policies are relaxed to avoidprotests.

A recent example of community efforts toenforce the law occurred on 26 July 1998 when 300small-scale fishers blocked Songkhla Bay in order toprevent cargo ships leaving port. The protestingfishers demanded the authorities prohibit largeanchovy purse seines from fishing in provincial

waters. Local officials were unable to negotiate,which led the Agriculture Minister to intervene. TheMinister finally approved the Department of Fisher-ies’ proposal to impose a ban on anchovy boats andthose using gill nets from fishing in Songkhlawaters.

Strategy One:

Support cooperation among stakeholders.

Rationale:Rationale:Rationale:Rationale:Rationale:

The centralization of Thailand’s public adminis-tration system is inefficient in enforcing laws andregulations. It has also created confusion through acomplicated hierarchy and lines of authority that inturn lead to insufficient cooperation among localand central institutions. The local people andinstitutions are not considered sufficiently qualifiedto manage their fisheries and coastal resources.

Objective:Objective:Objective:Objective:Objective:

To encourage local stakeholders and administra-tion to identify, plan and cooperate in the manage-

Table 5.3 Violations of Laws and Regulations in Laem Talumpuk Arising from Human Activities.

Enhancementand

ConservationAct, 1992

Violation

1. Drainage of sludgefrom prawnaquaculture into non-hunting areas

2. Prawn farms in themangrove forestsunder forest reserves

3. Mangrove timberharvesting

4. Hunting protectedanimals in mangroveforests

5. Sand mining in publicbeaches

6. Sand mining in privatebeaches

7. Human settlement inmangrove reserves

8. Trawling within3 000 m from thecoastline

Land Code,1954

Violation ofArticles 9108 and 108

Civil andCommercial

Code

Violation ofArticle 1337

ForestReserves Act,

1992

Violation ofArticles 14 and 31

Violation ofArticles 14 and 31

Violation ofArticles 14 and 31

Wild AnimalProtection andReserves Act,

1992Violation of

Articles 54 and 57

Violation ofArticles 16 and 47

MAACNotification

on 2 July 1972

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ment of their inherited resources.

Action:Action:Action:Action:Action:

1. Identify local fisheries and coastal resources;2. Identify local stakeholders;3. Draft management plans;4. Conduct public hearings, obtain consensus; and5. Specify roles and responsibilities.

Strategy Two:

Provide information on resource status, policies,plans, laws and regulations and make them availableto the public.

Rationale:Rationale:Rationale:Rationale:Rationale:

The 1997 Constitution of the Kingdom ofThailand has guaranteed rights to the public toaccess to information. The information can be usedfor making local management plans and revising theplans when resource status changes.

Objective:Objective:Objective:Objective:Objective:

To provide information as a necessary componentfor publicly accountable decisions. Each decisionmade should be accepted by the majority of thepeople.

Action:Action:Action:Action:Action:

1. Improve people’s knowledge about their constitu-tional rights through the media, distribution ofprinted materials and local government offices;and

2. Establish local networks for disseminatinginformation and analyze knowledge via existinglocal administrative offices such as Sub-districtCouncils or Sub-district Administration Organi-zation.

Strategy Three:

Establish a feedback system.

Rationale:Rationale:Rationale:Rationale:Rationale:

Patron-client relationships are a dominant feature

in Thailand’s political economic system. This hasresulted in a passive local administration which needsto be revised. Supervision will help reduce patron-client relationships. Efficiency and effectiveness ofthe public administration system is expected toimprove.

Objective:Objective:Objective:Objective:Objective:

To enable proper supervision of governmentofficials by the people.

Action:Action:Action:Action:Action:

1. Design a process of mutual supervision that isaccepted by government officials and the public,and

2. Integrate the process in the daily work by meansof reports, group discussions and collectivedecisions.

Strategy Four:

Accelerate the process of issuing legislation inaccordance with the New Constitution of the King-dom of Thailand.

Rationale:Rationale:Rationale:Rationale:Rationale:

There are several measures in the New Constitu-tion that support local administration. The Constitu-tion also provides for the rights of the local adminis-tration to issue local legislation. It encourages thelocal administration to play a role in conserving itsculture and traditions, planning its education systemand managing its natural resources and environment;otherwise, local people may lose their rights tomanage their resources under the present laws andregulations.

Objective:Objective:Objective:Objective:Objective:

To accelerate the process of issuing legislation inaccordance with the New Constitution

Action:Action:Action:Action:Action:

1. Draft a local master plan;2. Identify the local resources and their ability to

support local prospects; and

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3. Integrate the local master plans into the nationalplan to influence national legislation.

LLLLLOCALOCALOCALOCALOCAL U U U U USESESESESE ANDANDANDANDAND M M M M MANAGEMENTANAGEMENTANAGEMENTANAGEMENTANAGEMENT OFOFOFOFOFFFFFFISHERIESISHERIESISHERIESISHERIESISHERIES ANDANDANDANDAND C C C C COAOAOAOAOASTSTSTSTSTALALALALAL R R R R RESOURCESESOURCESESOURCESESOURCESESOURCES

Local communities in Thailand’s coastal areas aredependent on fisheries and coastal resources. Thereare some potential conflicts between the state and thelocal management practices, i.e., the state usescentralized laws and regulations while the locals relyon their indigenous knowledge. There are beliefs andsocial cooperation mechanisms which exist amonglocal coastal communities. These factors have playeda dominant role in some localities where stateinterventions are supportive. However, most coastalcommunities are still in a confused state of manage-ment. There are some positive trends of encouragingthese local beliefs and social cooperation to playincreasing roles in managing fisheries and coastalresources. These are endorsed in the 1997 NewConstitution and its subsequent laws and regulations.The decentralization process will take some time to beadopted formally by local administrators.

Local Ownership and RLocal Ownership and RLocal Ownership and RLocal Ownership and RLocal Ownership and Resouresouresouresouresource Usece Usece Usece Usece UseRights RRights RRights RRights RRights Regimesegimesegimesegimesegimes

The relationship between local communities andnatural resources forms an important subject instudies related to coastal resources management. Thisis because, at the local level, communities have alwaysbeen interacting with their surrounding environment.Such interaction can be viewed in two dimensions.One, people live off the resources and the environ-ment by exploiting them to serve their needs. Two,people fear that the surrounding resources and theenvironment will be exploited, and will eventuallyaffect their dependence on the environment in thefuture. In the absence of state or outside interven-tions, the condition of the environment dependslargely on the balance between exploitation andprotection levels of future uses. This people-resourceinteraction forms the main core in the developmentof local and indigenous use and managementregimes, which differ between communities. Thesedifferences occur because of their ability to defineownership rights and use customary rules developedby the communities (the state and outside interven-

tions play important roles in a later stage of gover-nance).

The understanding of ownership rights andcustomary rules of coastal communities is importantin the analysis of access to the fisheries and coastalresources. Various fisheries and coastal resources havedifferent forms of ownership and resource use rightsand are affected by population pressure and changesin patterns of resource use over time. This impliesthat the types of ownership and rights to resourceschange over time.

The main economically important coastalresources in Thailand are fishery resources aquacul-ture resources, mangroves, land, water, coastaltourism, minerals, and cultural heritage. Consider-able emphasis is given to these resources in theanalysis here.

FFFFFisherisherisherisherishery Resoury Resoury Resoury Resoury Resources and Aces and Aces and Aces and Aces and Aquaculturquaculturquaculturquaculturquacultureeeee

Marine flora and fauna were considered openaccess resources in earlier times when populationand use patterns were still minimal and subsistent.There were no restrictions on access to fisheryresources.

Population growth together with the market andcash economy began to affect fishing communitiesabout 30-40 years ago through the introduction ofmotorized craft, modern gear and ice storage. Typesof ownership and resource use rights took differentforms. Increased competition for the resources led tothe need for resource reserves for each community.Different degrees of restrictions were introduced inorder to limit access to fishery resources by otherfishing communities. The fisheries have becomecommon property resources which a communitymember could access but subject to the community’scustomary rules. By itself, the nature of commonproperty resources is subject to exploitation. Thesituation worsens when outsiders intrude into thedelineated community boundary. Outsiders usuallyhave better gear and technologies that allow them toextract more of the common resources.

Interactions between local people and outsidersresulted in the loss of local communities’ absolute

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sovereignty of their common resources. This in turnled to state intervention. Through the state legisla-tion process, zones were imposed but it failed inmany fishing communities as the state was unable toenforce the rules effectively.

Most local communities are confused about howto exercise their rights due to the interference ofoutsiders and the state into their original rights.Identification of rights, acknowledgment of localownership rights, customary rules, and the state’sformal rules should be shared in order to effectivelymanage these resources. Aquaculture in a marinewater body around coastal communities (cage, raft,mud plain aquaculture, except prawn aquaculture inponds) is generally localized for community mem-bers. Since private property rights do not apply toany public water bodies in Thailand, the arrange-ments for aquaculture are based on the customaryrules set by the community or acknowledged by theneighbors. This is one case where outsiders areminimally involved as aquaculture activities involvelow priced species and low export demand. Stateintervention is in the form of supporting aquaculturetechnologies.

MangrMangrMangrMangrMangrove Fove Fove Fove Fove Forororororestsestsestsestsests

Mangrove forests are considered state propertyand are crucial to the coastal ecosystem. As withfishery resources, the property rights have changedover time. However, state intervention appears tohave had a positive impact on the status of man-groves by issuing laws and regulations concerningmangrove forest zones, cancellation of new charcoalproduction, supporting mangrove rehabilitationprograms and providing information on mangroverehabilitation. After the boom and bust of prawnaquaculture, the public has increasingly realized thatthe exploitation of mangrove resources for prawnproduction has resulted in an almost total collapseof the prawn industry. This has shown that localmanagement practices proved to be more sustain-able. This statement, although arguable, is sup-ported by some non-government organizations andlocal governments.

There have been many studies and reports aboutthe causes of mangrove destruction. However,practical solutions are still ambiguous as the man-

agement of mangrove resources involves manystakeholders and the complicated nature of theresources itself. Competition for mangrove resourcesis stiff as local communities, state and privateenterprises are uncertain on the level of compro-mise. Mangrove resources were used by local com-munities for many years before the state imposedformal laws and regulations. There should be amechanism to allow access for the local people,however, this generosity may lead to loopholes thatwould allow for further exploitation of these re-sources.

Coastal LandsCoastal LandsCoastal LandsCoastal LandsCoastal Lands

The Land Law Code of Thailand legally allowsthe use of coastal lands for tourism, aquaculture orother infrastructure development. The legal status ofcoastal lands is more complicated than farmlands.Many fishing communities are located in mangroveareas and intertidal zones. Access rights are grantedby the local committee, despite the illegal nature.However, there are cases when the state gives specialpermits to the local people to build houses. Thisseldom occurs due to the high cost of land incertain situations such as when the land has poten-tial for tourism and other industrial development.The ownership rights of coastal lands are sitespecific and most often local people are refusedaccess to state-owned lands, such as beaches, situatedbetween privately-owned lands. In some cases,conflicts emerge between local occupants andinfluential outsiders as land that has long beensettled by local occupants is claimed by outsiders.Resolving these conflicts is costly and time consum-ing.

It appears that the local people settling inmangrove forests and disputed lands are losing theirrights based on formal land laws. High costs andlengthy rights claims are the main obstacles for thelocal people whose rights are not protected by thestate.

WWWWWater Resourater Resourater Resourater Resourater Resourcescescescesces

Water resource problems in the coastal area canbe classified into two types: water pollution andwater shortage. The first problem can be found insaltwater, brackishwater and freshwater, whereas the

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second type of problems is related to freshwater. Theuse of water resources, particularly freshwater, ishighly competitive in coastal areas. Being an openaccess resource, the rights of the local people tocontrol the allocation of the resource and to preventit from being polluted are limited.

Some coastal communities are reluctant to claimtheir rights to unpolluted water, as they themselveshave contributed to the pollution through theirhousehold wastes. However, in the case of industrialwastewater, it is a right and is guaranteed by legisla-tion that the coastal communities should not beaffected by the wastes that cause high mortality infish aquaculture. In theory, the legislation to controland prohibit the effluents from industries seems tobe sufficient. However, in practice, enforcement is aproblem.

In the case of water shortage, the local peoplehave limited control as water depends largely onnatural climatic conditions and on the policy of thecentral government (dam or water regulatory man-agement). The normal practice is for urban peopleand industries to be given a higher priority to accessthe freshwater supply.

Coastal TCoastal TCoastal TCoastal TCoastal Tourismourismourismourismourism

Tourism is a major industry in Thailand gener-ating foreign exchange earnings and employment.However, tourism also has social and environmentalcosts. Despite the preponderance of new tourismapproaches such as nature or eco-tourism, theirpractical applications are still obscure. Coastaltourism in Thailand has inevitably fallen into usingthis jargon without any clear understanding ofdefinitions and their practical implementation.

Coastal tourism involves diverse kinds of coastalresources such as coral reefs, clear water, sandybeaches, forests, aquatic organisms, and indigenouspeople and cultural heritage. These resourcesshould be protected due to their significant contri-bution to the whole ecosystem. However, the equilib-rium between supply and demand of these resourcesis still undetermined. One reason is the improperdetermination of prices. Several attempts to solvethese non-market attributes have been reported, butno satisfactory outcome has been made.

Coastal tourism resource rights classificationremains obscure. However, from the local point ofview, safeguards for the coastal resources are vitaland initiatives have been undertaken through localbeliefs and social cooperation. Pressure to sharecoastal tourism resources comes from the demandfor new tourist sites developed with minimal regardon the importance of such resources to the localpeople. Formerly well-defined rights of local peoplehave been altered by means of outside involvementwith a supporting hand from the state legal system.Locals are lured by promises of quick income anddisregard the associated social, economic andenvironmental costs. The rights of the local peopleare expected to improve with the implementation ofthe 1997 New Constitution. It will take time beforepeople realize what their rights and responsibilitiesare provided for in the Constitution.

Coastal MineralsCoastal MineralsCoastal MineralsCoastal MineralsCoastal Minerals

Coastal minerals found in the seabed and incoastal areas include oil and gas, tin, antimony,manganese, lignite and columbine-tantalite. Miningthese minerals is made through concessions grantedby the state. Most concessionaires do not come fromlocal communities. Local residents are involvedmainly as workers. The complication of concessionarrangements limits access of the local people tothese resources which go mainly to urban-based orforeign-based companies.

Cultural HeritageCultural HeritageCultural HeritageCultural HeritageCultural Heritage

The local cultural heritage is, to a certainextent, promoted through tourism development.Local prices are affected by the artificial demand ongoods services brought about by tourism rather thanby natural supply and demand. Ownership rights oflocal people seem to be insufficiently acknowledgedin an attempt by influential tourism developers toseek new tourist attractions. These rights areguaranteed by the New Constitution. If necessary,laws and regulations enabling fair use of the localpeople’s cultural resources need to be drafted sothat local heritage can be protected and preserved.It is Thailand’s most difficult task to identify andguarantee the coastal cultural heritage, as theseresources are highly abstract. It depends largely onthe cohesion and knowledge of the local people to

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perform and protect their cultural heritage so thatthese are respected by the state and outsiders.

Local ApprLocal ApprLocal ApprLocal ApprLocal Approaches with State Involve-oaches with State Involve-oaches with State Involve-oaches with State Involve-oaches with State Involve-ment in Fment in Fment in Fment in Fment in Fisheries and Coastal Risheries and Coastal Risheries and Coastal Risheries and Coastal Risheries and Coastal Re-e-e-e-e-soursoursoursoursources Managementces Managementces Managementces Managementces Management

The mobile characteristic of certain coastalresources especially fisheries poses problems indefining boundaries and rights of access. Mostcoastal resources are shared by individuals, eitherwithin a community or between different communi-ties. The attempts of local people to draw resourceuse boundaries are limited by their capability tocontrol the resources. In these cases, disputes andconflicts over resource use are inevitable both amongmembers of the same community and betweendifferent communities.

When disputes occur between local communities,social institutions play important roles in resolvingthe problems or requesting involvement by the state.At the village level, two main institutions affects thesocial behavior of village members: the formal villageand state influenced committee and the informalvillage council. The formal committee is led by anelected village headman and is composed of severalelected members. The village council coexists as aninformal institution that has a looser organizationalstructure. This village council is generally composedof a few village elders and other influential figures.The village council does not have a fixed councilleader as its leadership may change according to itsconcern.

In 1994, the parliament passed a new lawenabling the establishment of a new sub-districtadministrative organization. This is a formal inter-village institution. It is tasked to deal with sub-district development activities. This institution isallowed by law to collect its own taxes within the sub-district. Along with this new decentralized sub-district administrative institution is an old bureau-cratic sub-district council which is expected todissolve in due time. This institution has the task ofhelping resolve disputes and conflicts. Disputeresolution is mainly undertaken through meetings.

Disputes between sub-districts or provinces aremore complicated if the conflicting parties do nothave close social relations. Local leaders tend to usetheir personal connections as a first attempt to findsolutions. Formal ways of resolving disputes are lesspreferred by locals. Many rural communities inThailand are highly self-reliant, both in economicand political terms. Legal actions against the localpeople are usually brought by outsiders when theyare involved in disputes over fishery and coastalresources. Formal laws and regulations are used onlywhen it is unavoidable.

Belief systems also play some roles in naturalresources management especially as it reflects tosocial cooperation. The life of the local Thai peopleis generally tied to a belief in the supernatural. Thisbelief is rooted mainly in Buddhism and also tosome extent Hinduism, as it was influential prior tothe arrival of Buddhism. Belief in the supernatural isan important factor behind many customary prac-tices. Some practices connected with these types ofbelief are applicable for enhancing the protection ofcoastal resources from exploitation. These includethe releasing of marine life such as fish and turtlesinto natural habitats, ordination of trees, and sacredsites. Social cooperation is an important aspect ofThai societies, particularly at the community level.The concept of social cooperation is found to applyin various activities concerning community self-reliance and collective actions to solve problemsfacing natural resource management.

Case StudyCase StudyCase StudyCase StudyCase Study: Local Initiatives in F: Local Initiatives in F: Local Initiatives in F: Local Initiatives in F: Local Initiatives in Fisheriesisheriesisheriesisheriesisheriesand Coastal Rand Coastal Rand Coastal Rand Coastal Rand Coastal Resouresouresouresouresource Management ince Management ince Management ince Management ince Management inBan Laem Makham, TBan Laem Makham, TBan Laem Makham, TBan Laem Makham, TBan Laem Makham, Trang Prang Prang Prang Prang Prrrrrovinceovinceovinceovinceovince

Ban Laem Makham is a fishing village in KhaoMai Kaew sub-district, Sikao District, Trang Province(map in Figure 5.2). The local management initia-tives are being supported by a local non-governmentorganization (the Yadfon Association) and localgovernment agencies. These initiatives are success-fully managing fisheries and coastal resources. Thepeople in Ban Laem Makham faced several resourcesmanagement problems as outlined below:

! Intrusion of large, modern commercialtrawlers and push netters whose interest ismaking profits, whereas small-scale fishers

170

aim for basic livelihoods;! Exploitation of mangrove forests for commer-

cial charcoal production by large outsideconcessionaires and by the local people; and

! Negligence of local government in protectingthe rights of the local people.

It was the local people who initiated the project toprotect and use their resources as they have thecustomary ownership rights over these resources.

It is an important factor that the local resourceowners are able to identify and exercise their ownrights to use and protect the resources vital to theirlivelihood. Another feature of their success is thecapability of village leaders (both formal and infor-mal). These two characteristics can be made sustain-able with the support of government agencies. In BanLaem Makham, the support of a non-governmentalorganization (Yadfon Association) and some con-cerned private enterprises are necessary. The strategyof the Ban Laem Makham community is to symbolizetheir unique resources (e.g., turtles) and promote theirprotection through some powerful media (i.e., TV,newspaper, radio) so that the population is madeaware of their importance. The steps of success in BanLaem Makham are as follows:

Step 1: Local people face problems with resourcesdepletion due to aggressive exploitationby outsiders. The local people assertedtheir rights of ownership over theseresources and the role of the state inprotecting them.

Step 2: Local leaders and people conductedseveral informal meetings to plan strate-gies to protect their resources and exercisetheir use and ownership rights. The localleaders are farsighted, active and sincere.

Step 3: Involvement of government organizationsand non-government organizations isnecessary. Local initiatives can be sharedby both organizations but efficiency maybe more with NGOs.

Step 4: By trial and error, the local communities,through several formal and informalmeetings, brainstorming and stakeholderparticipation, are able to identify unique,achievable and effective management

strategies.Step 5: The government is involved particularly

in dispute resolution by virtue of theirauthority through laws and regulations.

Step 6: Establishment of groups associated withoccupational interests so that the bargain-ing power could be increased andsolidified to counterbalance externalforces. In addition, the groups are able toset customary rules through meetings ofmembers and other stakeholders involvedin a dispute.

Step 7: Awareness raising through popular mediato share ideas with other communities, aswell as open the idea to the public.

There are several key beliefs that are contributingfactors in successful local management. Religion(Islam) is a major attribute creating a cohesive bondamong the Ban Laem Makham people. The religiouspractices facilitate consultation via meetings andconsensus on management strategies. The role ofwomen may be passive in the meeting places but thisrole becomes dominant when such managementaffects households and children’s well-being.

In summary, the experiences from Ban LaemMakham show the efforts of the local people toprotect their ownership rights to fisheries and coastalresources. The strategies taken to implement localinitiatives have been through a participatory ap-proach involving many stakeholders. GOs and NGOshave been active and supportive. They enhanced thelocal people’s power to protect their resources forpresent and future generations. The local communi-ties also employed their beliefs and social coopera-tion as tools to strengthen the power within thecommunity while the popular media was enlisted togenerate support from the public. The levels ofintegration of several well-defined resource issues andstakeholders appear to work.

Co-management ApprCo-management ApprCo-management ApprCo-management ApprCo-management Approaches for theoaches for theoaches for theoaches for theoaches for theManagement of FManagement of FManagement of FManagement of FManagement of Fisheries and Resourisheries and Resourisheries and Resourisheries and Resourisheries and ResourcescescescescesUnder the PUnder the PUnder the PUnder the PUnder the Prrrrresent esent esent esent esent DecentralizationDecentralizationDecentralizationDecentralizationDecentralizationPPPPPrrrrrocessocessocessocessocess

Co-management encourages involvement of allsix groups of stakeholders:

171

1. The state;2. The media;3. NGOs;4. The local community;5. The private sector; and6. Academe.

In Thailand, local initiatives have been startedmainly by the NGOs while the state, private sectorand other stakeholders act as supporters in terms ofcampaigns, personnel, facilities and funds. Thestrong point of the NGOs is that they are able tocooperate with other stakeholders, especially thecommunity and media. They are also independentlyadministered which allows for quick implementation.However, they do have weaknesses such as the lack offinancial resources to support long-term projects,sensitive responses to criticism and limits to theirability to ensure that other stakeholders cooperate.

One of the purposes of co-management is tocoordinate all related parties to work together on anequal footing. The ultimate goal of this managementapproach is to harmoniously use and conserveprecious coastal resources in such a way that they aresafeguarded for the present and future generations.The co-management approach is supported andencouraged by the Constitution of Thailand throughat least two provisions:

Section 56.Section 56.Section 56.Section 56.Section 56.

The right of a person to give to the State andcommunities participation in the preservation andexploitation of natural resources and biologicaldiversity and in the protection, promotion andpreservation of the quality of the environment forusual and consistent survival in the environmentwhich is not hazardous to his or her health andsanitary condition, welfare or quality of life, shallbe protected, as provided by law.

Any project or activity which may seriously affectthe quality of the environment shall not be permitted,unless its impacts on the quality of the environmenthave been studied and evaluated and opinions of anindependent organisation, consisting ofrepresentatives from private environmentalorganisations and from higher education institutionsproviding studies in the environmental field, have

been obtained prior to the operation of such projector activity, as provided by law.

The right of a person to sue a State agency, Stateenterprise, local government organisation or otherState authority to perform the duties as provided bylaw under paragraph one and paragraph two shallbe protected.

Section 290.Section 290.Section 290.Section 290.Section 290.

For the purpose of promoting and maintainingthe quality of the environment, a local governmentorganisation has powers and duties as provided bylaw.

The law under paragraph one shall at least containthe following matters as its substance:

(1) the management, preservation and exploitationof the natural resources and environment in thearea of the locality;

(2) the participation in the preservation of naturalresources and environment outside the area ofthe locality only in the case where the living ofthe inhabitants in the area may be affected;

(3) the participation in considering the initiationof any project or activity outside the area of thelocality which may affect the quality of theenvironment, health or sanitary conditions ofthe inhabitant in the area (The Council of Stateof Thailand 2001).

In order to ensure the participation of localcommunities, as enshrined in the Constitution,several strategies are in order. These are:

Strategy One:

Encourage the adoption and use of local initia-tives by means of indigenous knowledge and socialcooperation.

Rationale:Rationale:Rationale:Rationale:Rationale:

Local initiatives based on indigenous knowledgeand social cooperation are vital tools for the manage-ment of fisheries and coastal resources as theseindigenous practices and values have been developedand polished through time. They must be adapted to

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fit with the rapidly changing ways of resource use. Ithas been widely accepted that local people areentitled to have access rights to use and manage theirresources with support from the state and civil society.

Objective:Objective:Objective:Objective:Objective:

! To identify several existing forms of localinitiatives;

! To document local initiatives in a practicaland adaptable form for implementation; and

! To exhibit local ways of managing theirresources.

Action:Action:Action:Action:Action:

1. Identify local initiatives through research con-ducted by educational institutions, governmentand non-governmental organizations, (i.e. YadfonAssociation, Andaman Project for ParticipatoryRestoration of Natural Resources), local andgrassroots organizations (i.e., Provincial and sub-district administration organizations) in coopera-tion with the leaders and the community;

2. Identify leaders who can work together to up-grade the community’s well-being;

3. Identify a resource for management and conser-vation; and

4. Demonstrate local initiatives leading to improvedeconomic well-being.

Strategy Two:

Establish a network to share experiences onimplementing local initiatives to manage fisheriesand coastal resources.

Rationale:Rationale:Rationale:Rationale:Rationale:

The successful application of local initiativesshould be shared so that they can be applied in othersimilar cases. The local community with support fromconcerned institutions takes a dominant role in theestablishment of a local network.

Objective:Objective:Objective:Objective:Objective:

To share experiences learned from successful andunsuccessful projects. Several strategies to deal withthe implementation of local initiatives should bediscussed and revised to fit with the socioeconomiccharacteristics of the communities and adapted to thedemands of a globalized market economy.

Action:Action:Action:Action:Action:

1. Grassroots institutions provide opportunity forlocal communities to meet through field visits,demonstration projects, agricultural exhibitionfairs;

2. Provide training and education for local peopleto meet, discuss and adapt lessons learned fromdifferent management initiatives; and

3. When local communities have sufficient cohesionwith one another, with government agencies, withlocal administration organizations, with NGOsand with the private sector, encourage theestablishment of a network involving a number oflocal communities working with concernedinstitutions.

Strategy Three:

Disseminate information.

Rationale:Rationale:Rationale:Rationale:Rationale:

There is a lot of information on fisheries andcoastal resource management collected by the govern-ment and the private sector. This information isuseful for local communities to learn from and adaptto their situations. This knowledge can be a frame-work for making decisions, to invest or start new localprojects. In addition, local communities should alsoknow the initiatives of the private sector. Localcommunities need details of proposed developmentprojects in order to carry out actions to prevent ormitigate possible negative impacts.

173

Objective:Objective:Objective:Objective:Objective:

To support local initiatives by giving local peopleinformation on government policies, plans, laws andregulations.

Action:Action:Action:Action:Action:

1. Through local administrative organizations, localpeople are encouraged and given explicit rightsto access the requested information with fullsupport from concerned institutions;

2. The local people are to be trained to exercisetheir rights in a proper manner;

3. Using the information, the local leaders are ableto write local project proposals as well as managetheir own projects; and

4. Database systems should be made available forpublic access and they should be in both interac-tive and assisted systems.

IIIIINTERNANTERNANTERNANTERNANTERNATIONALTIONALTIONALTIONALTIONAL I I I I INVNVNVNVNVOLOLOLOLOLVEMENTVEMENTVEMENTVEMENTVEMENT

Thailand cannot manage its fisheries and coastalresources in isolation. In a global world, countriesinteract on economic, financial, political, social andenvironmental issues. The recent financial crisis,which hit most Asian countries, has shown theimportance of international involvement. Throughtheir international networks, countries in need offinancial assistance were able to obtain grants frommultilateral funding institutions such as the WorldBank and the International Monetary Fund (IMF).The extent of the impact depends to a large degreeon the economic development and preparedness of acountry. In solving a country’s economic crisis orother disputes such as genetic patents or intellectualproperty rights, all countries need to cooperate.ASEAN can perhaps act as an example of suchcooperation in the region.

Fisheries and coastal resources managementschemes are part of the interwoven relationshipamong countries, especially countries that sharecommon maritime borders. Thailand shares itsborders with Cambodia, Indonesia, Malaysia andMyanmar. A policy to use the marine resources ofone country inevitably affects others. In addition,

there are conventions and agreements created in theinternational arena that affect a countries’ behavior inusing the world’s largest common property (interna-tional waters) and in solving possible maritimeconflicts among neighboring countries.

TTTTTypes of International Involvementypes of International Involvementypes of International Involvementypes of International Involvementypes of International Involvement

Thailand is committed to several internationalagreements on the conservation and management offisheries and coastal resources. The most importantdevelopment in the international scene affectingThailand’s marine fisheries is the proclamation of200-mile EEZ by neighboring countries. There arealso some projects and joint ventures that have comeinto effect as a result of this proclamation. Othertypes of international involvement that directly orindirectly influence Thailand’s fisheries and coastalresources management programs are also discussedlater in this section.

UNCLOS and the Coastal ZoneUNCLOS and the Coastal ZoneUNCLOS and the Coastal ZoneUNCLOS and the Coastal ZoneUNCLOS and the Coastal Zone

The advent of UNCLOS led Thailand to declareits EEZ and define its territorial waters. Under theConvention, Thailand gained 60 percent more insovereign waters but lost about 300 000 square milesof high seas (international waters) to neighboringcountries. Following the depletion of marine re-sources in the Gulf of Thailand and the enactmentof the 200-mile EEZ, Thai fishing fleets were forcedto enter the waters of Malaysia, Myanmar, Indone-sia, India, Cambodia, Bangladesh and Australia.

One of the implications of the 200-mile EEZ isthe continued struggle of Thai fishing boats to findmore productive fishing grounds. A joint fishingventure arrangement with neighboring countries,where fishing grounds are still productive, is one ofthe solutions adopted. Occasionally, Thai fishingcompanies do not enter into joint-venture arrange-ments with other countries. Instead, they poach inother countries’ fishing grounds. There have beenseveral incidents in the past of illegal entry by Thaitrawlers in the no-fishing zones of Myanmar, Malay-sia, Cambodia, and Vietnam. Many Thai fishingboats and crewmen have been detained in thesecountries.

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While neighboring countries have ratified theUNCLOS, Thailand is still reluctant. Despite this,Thailand is negotiating joint-venture arrangementsand bilateral or multilateral cooperation schemes inareas including financial support; fishing technolo-gies; fish handling and storage facilities; public andprivate investment cooperation; training in terms oftechnology, partner countries’ cultural and legalsystem knowledge and registration of Thai crewmenfor legal protection of their rights.

Thailand has other obligations under a numberof conventions on fisheries, biodiversity and pollu-tion. These obligations have existed for some timenow. They include:

! Convention on Wetlands (Ramsar, Iran1971);

! The Convention on Biological Diversity;! The Convention of the World Meteorologi-

cal Organization;! The United Nations Framework Convention

on Climate Change;! The Convention on the Protection of World

Culture and Natural Heritage; and! The International Convention for the

Prevention of Pollution from Ships(MARPOL 73/78).

In addition, there are other recent internationalinitiatives which establish a legally non-bindingprinciple for the protection and sustainable use ofmarine resources. The Global Programme of Actionfor the Protection of the Marine Environment fromLand-based Activities and the UNCED Agenda 21are two important ones. Thailand is also involved ina number of regional initiatives and programs oncoastal and marine issues in cooperation withASEAN members such as:

1. ASEAN Cooperation Project under Environ-mental Programme; and

2. United Nations Environmental Programme -Regional Seas Programme; and

3. Asia Pacific Economic Cooperation (APEC)Marine Resources Conservation WorkingGroup.

Joint VJoint VJoint VJoint VJoint Venturenturenturenturentureseseseses

Thai-Myanmar joint fishing ventures beganalmost a quarter century before the establishment ofthe EEZ. According to the Fisheries Department,Myanmar granted a fishing concession to Thaicompanies in 1975 and this ended five years later asboth parties had insufficient experiences for such anoperation. In 1989, Myanmar authorities granted afishing concession to Thailand once again, and by1990, the Thai Fisheries Department had set up theThai-Burma Fisheries Co. Ltd. Fifty percent of thetotal shares were owned by the company, 22.5% bybusinessmen and 22.5% by industrialists. Eventually,fishing by the Thai private sector in Myanmar endedin 1993.

In 1995, Myanmar again granted fishing conces-sions to Thai fishers, this time in the form of jointinvestments. Each Thai company had to invest insupplementary fishery-related businesses in at leastthree out of five alternatives: ice making, fish mealproduction, cold storage, fish canning or shrimpfarming. Unfortunately, six Myanmar crewmen werekilled by Thai crewmen on board a Thai fishingtrawler. This incident prompted Myanmar authoritiesto cancel the fishing concessions. It is estimated that500 Thai trawlers are illegally fishing in Myanmarwaters, supposedly with unofficial passes from localMyanmar officers or minorities who oppose theregime.

In January 1998, the Thai Minister of Agricul-ture and Agricultural Cooperatives and the ArmyCommander-in-Chief discussed fishery ventures inMyanmar and other issues involving Thai fishersdetained by Myanmar authorities. Thailand re-quested that Thai fishers caught poaching be treatedin a humane and friendly manner. After a meetingand a visit of the Thai Army Commander-in-Chief,98 out of more than 100 Thai prisoners were re-leased.

The problems with the fishing ventures inMyanmar were largely due to Thai fishers working inno fishing zones, breaking promises and contracts,using radio communication gear without permission,and committing violence against Myanmar crewmen.According to a Thai businessman, some countries

175

have a different way of handling the business. Thaifishing crews are confused by various regulations inMyanmar. Some have been charged for violatingMyanmar laws while others have been stopped andtheir fishing boats and gear confiscated.

Some joint-venture deals with Malaysia havesuffered a similar fate. Deals were ceased, negotiatedand restarted and so on. However, private sectorstakeholders of the two countries have createddifferent kinds of fishing deals such as specialpermits for Thai-Malaysian registered fishing boats tofish in Thai waters off the coast of Satun Province. Inaddition, many small-scale Thai fishing boats preferto sell their catches to Malaysian markets in Perlis orLangkawi as they offer better prices. Many of themoffered contractual support. This type of bilateralagreement has been carried out quite a long time withminimal interference from institutions from the Thaiside.

The most successful joint-venture fisheryarrangement may be the one with Bangladesh.Nevertheless, there have been reported violations,arrests of Thai crewmen and other problems but theyhave been peacefully resolved through the fullcooperation of the two countries. The major factorscontributing to the success of these joint-venturearrangements are promises, respect of culturaldifferences and strict implementation of agreedrules.

Deep-Sea FDeep-Sea FDeep-Sea FDeep-Sea FDeep-Sea Fisheriesisheriesisheriesisheriesisheries

From November 1989 to January 1990, theChulabhorn research vessel conducted a joint marinesurvey with Myanmar in the Andaman Sea off thewestern coast of Thailand. The scientists concludedthat a sustainable rate of catch in Myanmar waterswould be between 1.39 million and 1.75 million tonsper year. The survey also found that the catch wouldinclude 0.9 million tons of high value shrimp.Attention has been given to deep-sea fisheries fortuna species in international waters. Several infra-structure facilities have been built such as ports, coldstorage, transportation systems and air cargo facilitiesto serve the Japanese tuna market. High investments

in modern fishing vessels and a limited capability fordeep-sea fishing appear to be the major constraintsfor Thai fishers to venture into international waters.The Thai government and the private sector inPhuket have cooperated to develop the deep-seafisheries in 900 East Ridge by establishing commer-cial cooperatives, conducting research, training andconferences to help interested investors.

Regional and International TRegional and International TRegional and International TRegional and International TRegional and International Tourismourismourismourismourism

Thailand receives significant foreign exchangeannually through regional and international tourism.Thailand has gained a good tourism reputationthroughout the world due to its unique culture, welldeveloped tourism facilities and beautiful naturalresources. However, an important issue that needs tobe considered is at what costs Thailand has incurredto achieve this reputation.

The coastal ecosystem has been depleted toserve the demands of the tourism industry. There isevidence of stained beaches, unplanned hotel andresort construction, coral reef destruction, pollutionand loss of culture and local traditions. These costsshould be included in national accounting to reflectthe negative impacts of tourism. The Visit ThailandYear and the recent Amazing Thailand campaignsmay be contributing to these undesirable conse-quences of tourism.

Thailand’s current policy on tourism focuses onsustainability such as eco-tourism, nature andcultural tourism. However, there has not been a realor extensive practical application of these tourismconcepts possibly because these forms of tourism,considered simple and self-sufficient, are contrary tothe large capital investments of conventional tourism.A recent discussion facilitated by the NationalEconomic and Social Development Board discussedthe development of Phuket as an international city.This so-called international city will inevitablyinvolve a large investment to cater to all sorts oftourist. With Phuket planning for such a large-scaleproject, the neighboring provinces of Phangnga,Krabi, Trang and Ranong will also be developed toserve tourism and affiliated industries.

176

Indonesia-Malaysia-Indonesia-Malaysia-Indonesia-Malaysia-Indonesia-Malaysia-Indonesia-Malaysia-Thailand GrThailand GrThailand GrThailand GrThailand GrowthowthowthowthowthTTTTTriangle (IMTriangle (IMTriangle (IMTriangle (IMTriangle (IMT-G-G-G-G-GT) DevelopmentT) DevelopmentT) DevelopmentT) DevelopmentT) DevelopmentPPPPPrrrrrojectojectojectojectoject

Due to stiff global economic competition andincreasing trade protectionism, three of the tenmember countries of ASEAN have proposed specialcooperation areas encompassing Northern Sumatraprovince of Indonesia, the four northwestern states ofMalaysia (Perak, Penang, Kedah and Perlis) and fiveprovinces of Southern Thailand (Narathiwas, Pattani,Yala, Songkhla and Satun).

Located between Sumatra and Langkawi inMalaysia, TMNP is likely to become a regionalstrategic area for an IMT-GT development project,especially in the tourism aspects of economic coopera-tion. The project also intends to confer preferentialdomestic status on any investors from the membercountries seeking to invest anywhere in the Triangle.The most important forces, which will influence therealization of a regional economic cooperation withinthe IMT-GT, are a shared common race, religion andculture.

The objectives of the IMT-GT developmentprojects are to increase trilateral trade cooperationand minimize trade barriers such as tariffs, taxes, andtrade regulations. It also emphasizes investmentpromotion, human resource development, technologytransfer and relaxation of labor migration among themember countries. In terms of agriculture andfisheries, it promotes joint fishery ventures, agricul-ture production and agro-industrial development.Regarding tourism, the joint investment on communi-cation and transportation networks on land, water andair will connect tourist destinations. Another impor-tant aspect is the joint protection and management ofthe environment, especially in the Straits of Malaccawhere Tarutao, Langkawi and Northern Sumatra arelocated.

Recently, Malaysia proposed a custom office inTarutao so that tourists from Malaysia’s Langkawi neednot undergo customs processing in the mainland ofSatun. Tourists need to travel only 4.5 km fromLangkawi directly to Tarutao instead of some 25 km toSatun and then 22 km to Tarutao. The LangkawiDevelopment Authority (LADA) realized thatLangkawi is ideally located to take advantage of future

developments in Tarutao. The building of a new roadlinking Satun and Bukit Puteh in Kuala Perlis,Malaysia would be the latest gateway to Tarutao andLangkawi. The Satun Provincial Governor has alsoexpressed his eagerness to develop Satun and itstourist attractions (Tarutao, Adang, Rawi and Lepeislands, and other nearby islands and national parks)aiming for an estimated income of 50 million bahtper month during the Amazing Thailand years(1998-1999). The development needed for thesetourist destinations is mainly infrastructure develop-ment (i.e., port development and road construction).The province, with support of 40 million baht fromthe Tourism Authority of Thailand (TAT), willdevelop a road linking Pantai Melaka to Taloh WowBay on the Tarutao Island, a distance of 12 km. It isexpected to be completed by the end of 1998. Forlong-term tourism development, the province isexpected to obtain some 400 million baht from TAT,Royal Forestry Department and Southern BorderProvince Administrative Center (Sor-Or-Bor-Tor) forthe period of four years until the year 2001.

Joint Development ArJoint Development ArJoint Development ArJoint Development ArJoint Development Area ea ea ea ea (JD(JD(JD(JD(JDA)A)A)A)A)

There are some concerns about the oil and gasjoint exploration project in Thailand-Malaysia JDA.The agreement was reached between the two coun-tries’ Prime Ministers in May 1998. On the Thai side,environmental impact assessments of pipeline routesare underway. It is expected there will be disputesover benefits. However, the project will be go aheadand problems will be solved as various sectors realizethe importance of oil and gas development for theprogress of the Southern Seaboard Program.

On the upper Gulf of Thailand, there is also aThailand-Cambodia JDA for oil and gas exploration.The oil and gas will primarily serve the EasternSeaboard Program. There has been a proposal toexplore oil and gas deposits in the Andaman Seawithin Thai waters. It is reported that the explorationand development of any oil and gas network wouldminimally affect fisheries and coastal resources.However, when the proposal is implemented somenegative consequences may occur. At this stage, amajority of the fishers and the public has a positivereaction to this development as they expect to sharethe benefits.

177

WWWWWorld Torld Torld Torld Torld Trade Orrade Orrade Orrade Orrade Organization (WTO) andganization (WTO) andganization (WTO) andganization (WTO) andganization (WTO) andTTTTTrade Restrictionsrade Restrictionsrade Restrictionsrade Restrictionsrade Restrictions

There are several forms of trade restrictionsimposed by developed nations. For example, Thaiprawn exports have been restricted by the UnitedStates for environmental reasons. Quotas and aGeneral System of Preferences (GSP) on Thai exportproducts have been considered (and reconsidered)for lifting. Many times, trade restrictions are imposedbased on claims to protect the global environment.These trade restrictions are a barrier to entry thusdiscouraging free trade. This type of restriction raisesthe cost of Thai export products which consequentlyhas an enormous effect on attempts to extract more ofthe existing resources. Fisheries and coastal resourcesare unavoidably being subjected to further exploita-tion.

The WTO plays a major role in free trade policy.Thailand has attempted to find a solution to theThai prawn trade with the United States but longcourt processes and indecisive judgments arediscouraging.

There are many international regimes thatdirectly or indirectly affect fisheries and coastalresources management in Thailand. In summary,some important issues relevant to internationalregimes are:

! International regimes forces Thailand tolimit its capability to independently manageits fisheries and coastal resources.

! Use of fisheries and coastal resources isintensified due to a rush to extract theseresources to fulfill requirements imposed byinternational organizations and interna-tional markets.

! Regionalization will be further developed tocounterbalance international interventionsin the region especially in terms of eco-nomic and legal cooperation.

! Cooperation is sought by neighboringcountries requesting a share of Thailand’sfisheries and coastal resources such as theNational Marine Park needs to relax itsrules to facilitate private investments (bothdomestic and foreign) for regional andinternational tourists.

! Some advanced tourist destinations such asPattaya and Phuket require comprehensivedevelopment plans to deal with increasingenvironmental problems.

! Deep sea fisheries are to be promoted toencourage Thai fishing vessels to fish ininternational waters as fish stocks innearshore areas are already depleted beyondmaximum sustainable yield.

! Infrastructures for a deep-sea fishery havebeen developed.

! There are internal and external forcesaffecting fisheries and coastal resourcesmanagement policies and plans. In addition,local plans are increasingly accepted.

! With local domestic and regional self-sufficiency, new concepts of economicdevelopment have become a popularapproach to solve the current financial andeconomic crisis.

! Integrated fisheries and coastal resourcesmanagement should be promoted.

Case StudyCase StudyCase StudyCase StudyCase Study: International Involvement in: International Involvement in: International Involvement in: International Involvement in: International Involvement inFFFFFisheries and Coastal Risheries and Coastal Risheries and Coastal Risheries and Coastal Risheries and Coastal Resouresouresouresouresources Manage-ces Manage-ces Manage-ces Manage-ces Manage-ment in ment in ment in ment in ment in TTTTTarutao Marine Nationalarutao Marine Nationalarutao Marine Nationalarutao Marine Nationalarutao Marine NationalPPPPPark, Satun Park, Satun Park, Satun Park, Satun Park, Satun Prrrrrovinceovinceovinceovinceovince

TMNP has a water area of 1 264 km2 and islocated in the Andaman Sea off the southwest coastof Satun Province (map Figure 5.2). The park isadministered by the Royal Forestry Department inBangkok. The department is the sole proprietor ofthe park and has full authority to manage the parkin such a way that it fulfills the Department’sobjectives. Apart from the Royal Forestry Depart-ment offices and stations on Tarutao and AdangIslands, the TMNP is occupied by local indigenouspeople, Chao Ley or Sea Gypsies, on Lepe andAdang islands. The livelihood of the Chao Leydepends largely on the marine resources of theTMNP and their contracts with middlemen fromSatun and Perlis.

Suggested steps for successful management of theTMNP are:

Step 1: Identification of existing TMNP re-sources and stakeholders using bothground survey and remote sensing. It is

178

important to identify all related partiesand their existing problems.

Step 2: Through the Royal Forestry Departmentand Provincial and Sub-district Admin-istration Organizations, the informationand problems obtained in Step 1 arecirculated. The LFA can be used toorganize the meeting.

Step 3: The private sector, in cooperation withLangkawi Development Authority andPerlis government, is encouraged toform joint development projects.Similar moves have been made inNorthern Sumatra, Indonesia.

Step 4: Multilateral cooperation among Thai-land-Malaysia-Indonesia and theprivate sector from these countries isinitiated under the umbrella of theIMT-Growth Triangle DevelopmentProject.

Step 5: On the Thai side, preparation ofinfrastructure, personnel and budget isinitiated in a transparent and participa-tory process. Special attention shouldbe made for the involvement of theindigenous Chao Ley people.

Management ApprManagement ApprManagement ApprManagement ApprManagement Approach for Toach for Toach for Toach for Toach for TarutaoarutaoarutaoarutaoarutaoMarine National PMarine National PMarine National PMarine National PMarine National Parkarkarkarkark

A primary consideration of the synthesis madehere is not to suggest dramatic changes to thecurrent management schemes of the Royal ForestryDepartment. The TMNP is under pressure fromnational, regional, local and international stake-holders. The TMNP may be considered as the lastresource rich area in the west coast of Thailand.Based on the problem tree (Figure 5.6) developedfrom the workshop with TMNP stakeholders, severalstrategies are attempted in this research to suggest asustainable method of fishery and coastal resourcesmanagement with international involvement. TheTMNP is situated near the island of Langkawi inMalaysia. There has been an attempt by the Malay-sian authorities to establish an immigration andcustom checkpoint in Tarutao. The request ispending as the TMNP development is not focusedon tourism, especially international tourism.Capture fisheries in TMNP is illegal under fisheryand forestry legislations. Thai-Malaysian registeredfishing boats fish mainly in the Thai waters of the

TMNP. Fish caught is sold mainly in Phuket orMalaysian markets. However, fish caught by small-scale fishers, or the Chao Ley, is sold mainly inPerlis market as they have special contracts. Asdiscussed, there is evidence that TMNP is beingincreasingly subjected to overexploitation, despiteits legal status as a national park. Despite manylegal barriers, illegal fishing is still rampant.

Strategy One:

Collect and compile all existing informationfrom several ongoing projects and internationalcooperation.

Rationale:Rationale:Rationale:Rationale:Rationale:

The status of resources, their stakeholders andongoing resource use are important if the policiesand plans are to be implemented in the TMNP.There are many legal and illegal activities happen-ing, therefore a clear understanding of the re-sources is crucial. The stakeholders include all localand domestic individuals or groups and also thosefrom neighboring countries.

Objective:Objective:Objective:Objective:Objective:

To understand the resource status of the TMNP,its stakeholders and ongoing resource use.

Action:Action:Action:Action:Action:

1. Use ground survey, GIS and remote sensingtechniques to identify resources status, TMNPstakeholders and resource use activities; and

2. Compile information about physical, socioeco-nomic and cultural inheritance of the jointcounterparts.

Strategy Two:

Strengthen the local administration to be ableto work with central line agencies in Thailand andthe Malaysian local government.

Rationale:Rationale:Rationale:Rationale:Rationale:

Thailand is going through a decentralizationprocess. The local administrative organizations areto handle all the administration and resource

179

Figure 5.6 Problem Tree of the TMNP’ s Fisheries and Coastal Management.

180

management concerns. The ability of these organiza-tions to deal with a highly competitive world iscrucial.

Objective:Objective:Objective:Objective:Objective:

To manage negotiations and monitor businessdeals with other organizations both inside andoutside Thailand.

Action:Action:Action:Action:Action:

1. Conduct a preliminary study on training needs ofthe local administrative organizations; and

2. Through training, coordinate officials from theconcerned institutions, especially those from theRoyal Forestry Department, to jointly developgood working cooperation.

Strategy Three:

Design a joint development plan for the short,medium and long terms.

Rationale:Rationale:Rationale:Rationale:Rationale:

The TMNP will have to be developed to caterfor the needs of its various stakeholders. The mostimportant consideration will be the developmentdirection and benefits distribution. Appropriate andwell-accepted joint development plans are needed.

Objective:Objective:Objective:Objective:Objective:

To use public participation to design jointdevelopment plans for various timeframes.

Action:Action:Action:Action:Action:

1. Through existing agreements (i.e., IMT-GT, JDA,joint-venture deals and others), draft a jointdevelopment plan within the framework;

2. Establish a committee to deal with the jointdevelopment plan and possible conflicts; and

3. Member parties sign a memorandum on agree-ments and implementation of the joint develop-ment plan.

TTTTTOWOWOWOWOWARDSARDSARDSARDSARDS B B B B BETETETETETTERTERTERTERTER M M M M MANAGEMENTANAGEMENTANAGEMENTANAGEMENTANAGEMENT OFOFOFOFOFFFFFFISHERIESISHERIESISHERIESISHERIESISHERIES ANDANDANDANDAND C C C C COAOAOAOAOASTSTSTSTSTALALALALAL R R R R RESOURCESESOURCESESOURCESESOURCESESOURCES

Although the fisheries and coastal resources inThailand have been heavily exploited by domesticand international stakeholders, their condition canbe improved through better management programs.Under the New Constitution of the Kingdom ofThailand, management policies and plans are goingto work through a more decentralized structure. TheConstitution guarantees resource use rights for thosewho are directly using the resources. Capacitybuilding of the local administrative organizationsand the local people is an important step in manage-ment initiatives.

In Thailand, there are different levels of na-tional, regional and local administration. Conven-tional policy formulation and planning processes arehanded down from the national level to be imple-mented at the regional and local levels. This hasgradually changed since 1994 when decentralizationbegan. At present, the policy formulation andplanning process still take both forms. However, thelevel of compromise is still uncertain. As shown inFigure 5.7, this process of formulation and planningconsists of three cycles. The smallest element in thecycle are management issues composed of strategieswith identified issues, stakeholders, objectives andactions.

Figure 5.8 shows detailed examples of policiesand plans of fisheries and coastal resource manage-ment at the local level. The figure depicts how thestrategies formulated using several case studies can berelated in the framework of administration. It isimportant to note, however, that this recommenda-tion is based on selected case studies only.

181

Figure 5.7 Diagram of Interwoven Cyclical Relationships of Policies and Plans Concerning Fisheries and Coastal ResourcesManagement at Three Levels of Administration (1998).

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AAAAAUTHORUTHORUTHORUTHORUTHOR/E/E/E/E/EDITORDITORDITORDITORDITOR I I I I INDEXNDEXNDEXNDEXNDEX

AAAAAAgence France Presse 6Aguilar, Rodolfo 109, 112Aliño, P.M. 93Anigan, J. 106ANZDEC 5Asia Pacific Fisheries Commission (APFIC) 1

BBBBBBailey, C. 1Bangi, H.G.P. 120Batongbacal, J. 107Bautista, F. 106Blaikie, P.M. 12Boromthanarat, Somsak 6, 7Briones 116, 118Brookfield, H.C. 3, 12Bryant, D.G. 1Bryant, R.L. 11, 12Buckles, D. 8Bureau of Agricultural Statistics 93, 94Bureau of Fisheries and Aquatic Resources 99, 103Burke, L. 1Byron, Y. 3

CCCCCCalumpong, H.P. 114, 115, 116Carothers, T. 12Carson, Toby 5, 9, 10Center for International Earth Science Information Network

7Central Board of Statistics (CBS) 65Chhay, Sin 5, 9, 10Chua, T.H. 119Coastal Environmental Program 95Coastal Resources Management Project(CRMP) 4, 9Cruz-Trinidad, A. 1

DDDDDDacullos 112Dahuri, R. 6, 64Dara, Chan 5, 9, 10De la Costa, H. 106De la Cruz, L.P. 119, 121De Morga, A. 98Department of Agriculture - Bureau of Fisheries and Aquatic

Resources (DA-BFAR) 4, 9, 10Department of Environment and Natural Resources -

Community Environment and Natural Resources OfficeDumaguete (DENR-CENRO Dumaguete) 114, 115

Department of Environment and Natural Resources (DENR)4, 9, 10

Department of Fisheries 22Department of the Interior and Local Government (DILG) 4,

9, 10Directorate General of Fisheries 75Domingo, M.A. 119, 121Dupont, A. 8

EEEEEEnvironmental Management Bureau (EMB) 94, 95, 96, 97EVS Environment Consultants Ltd 27

FFFFFFerrer, E. 119, 121Ferrer, E.M. 87Food and Agriculture Organization 92Food and Agricuture Organization (FAO) 92

GGGGGGarcia, S.M. 2Global Environment Facility (GEF) 141Global Leaders of Tomorrow Task Force 7Goodman, G. 98Grainger, R. 2

HHHHHHarkes, I. 11Harsono, A. 8Homer-Dixon, T.F. 8Hongskul, Veravat 20Hutasingh, O. 8Hutomo, M. 64

IIIIIICLARM 1Imami, A.A.D. 81Institute of Fisheries Management 1Institute of Philippine Culture (IPC) 108, 109International Development Research Center 27

JJJJJJentoft, S. 1Juinio-Menez, M.A. 120Jungrungrot, Vichot 6, 7

KKKKKKalagayan, B.N.V. 97Kampot Fisheries Office 27Kaplan, R.D. 8King, V.T. 1Kissya, E. 81Koh Kong Provincial Fishery Office 21Kosal, Mao 5, 9, 10Kusuma-Atmadja, 9, 10

LLLLLLa Viña, Antonio G.M. 3, 4, 104, 127Labon, A.L. 93Leach, M. 2Lingayen Gulf Coastal Area Management Commission

(LGCAMC) 120Lynch, O.J. 15

MMMMMMacawaris, N.N.D. 120McManus, J.W. 1, 120, 121McManus, L.T. 119Maritime Industry Authority of the Philippines 95Marriott, S.P. 7Masae, Awae 6, 7Mearns, R. 2Menasveta, D. 93Ministry of Environment 20, 27Ministry of Finance 17Ministry of Industry, Mines and Energy 23Ministry of Planning 18

INDEXINDEXINDEXINDEXINDEX

184

Monyneath, Vann 5, 9, 10Moosa, M.K. 64Mukem, E. 8

NNNNNNanola, C.L. 120, 121Napitupulu, M. 75Narin, Ngoun 5, 9, 10National Statistical Coordination Board 95Nissapa, Ayut 6, 7Noblejas, A.H. 97Noblejas, E.H. 97Novacsek, I. 11

OOOOOOakerson, R.J. 3, 8O’Callaghan, Bernard 5, 9, 10Office of the National Environment Board-Ministry of Science

Technology and Environment 6Omilig 116, 118Ostrom, E. 2

PPPPPPauly, D. 1Peña, N. 98Phelan, J.L. 106Pintukanokl, A. 7Planning Department, Ministry of Industry, Mines and

Energy 24Pomeroy, R.S. 1, 2, 89PRIMEX 5Prins, G. 8Protected Areas and Wildlife Bureau 94Pudjorianto, A. 75Purwaka, Tommy H. 3, 6, 9, 10, 86, 87, 88

RRRRRRahardjo, Y. 71, 81Ramsar Convention Bureau 133Ramu, K.L.V. 75Reyes, K.N. 120, 121Reyes, R.B. 120, 121Rubthong, S. 9, 10Rusnak, G. 8

SSSSSSajise, P. 97Salim, S. 64Salmo, S., III 119, 125Scoones, I 2Silliman University Marine Laboratory Site Description

Report 114, 115Silvestre, G. 1Siphan, Ouk 5, 9, 10Soepomo 80Song, Srun Lim 5, 9, 10Sorensen, J. 13Spalding, M. 1Statistik Kabupaten Cilacap 76Suan, Dado 115, 116, 117, 118Suksamran, N. 8Sundara, S. 1Sunoto 3, 6, 9, 10Sutinen, J.G. 7Suwelo, I.S. 64

TTTTTTalbott, K. 15

Tasneeyanond, P. 9, 10Thanapornpun, R. 145Torell, Magnus 5, 9, 10Tyler, S.R. 8

VVVVVValencia, M.J. 8Vicheth, Pum 5, 9, 10Viswanathan, K.K. 7Vogt, H.P. 117

WWWWWWasserman, C.E. 7Williams, M.J. 1, 2, 89Winichakul, T. 11World Bank 8Wright, H. 106

YYYYYYale Center for Environment Law and Policy 7Yambao, A. 119, 123, 124, 125

185

AAAAAAdang Island, Satun province, Thailand 176, 177Ameth Village, Nusa Laut Island, Maluku, Indonesia 60, 63, 71-

4, 89adat laws 74agriculture 73economy 72, 73employment 73natural resources 72opportunities 74outsiders/foreigners 74resource management constraints 73-4social aspects 72-3, 73

Anda, Pangasinan, Philippines 119Andaman Sea 175, 176Anduang Tuk, Cambodia, mangrove forests 22Apo Island Marine Reserve/Sanctuary, Philippines 11, 114, 116,

117enforcement of laws and regulations 116, 119

Apo Island, Negros Oriental, Philippinesagriculture 114, 115community-based resource management 107, 113-19,129coral reefs 114, 117education 115employment 114-15environmental education 115, 116, 118-19environmental profile 113-14financial resources 118fishing practices 114-15land ownership 117legal framework 116-17, 129management issues and constraints 117-19marine protected area 133and municipal government 118-19outsiders/foreigners 115, 117, 118people’s organizations 118population 115tourism 117-18

Arafura Sea, 65Arnedo, Pangasinan, Philippines 121, 122, 123Autonomous Region of Muslim Mindanao, Philippines 101

BBBBBBajo, Indonesia 81Bali, Indonesia 61, 64, 83Balingasay, Pangasinan, Philippines 121, 122, 123Ban Kwian Huk, Khlung District, Chantaburi Province,

Thailand 152co-management and wastewater management 146,151-5strategies 153-5

decentralization, administration 152Ban Laem Makham, Sikao District, Trang Province, Thailand

152charcoal production and mangroves 170co-management and local participation 170-3strategies 171-3

fishery resources depletion 170local initiatives 146, 169-70outsiders/foreigners 170

Banda Sea, Indonesia, fisheries management zone 65Bangkok, Thailand, tourism 147Bangladesh, joint fishing venture with Thailand 175Bani, Pangasinan, Philippines 119

Banwang-Daan, Coron Island, Palawan, Philippines 107, 109Batangas Bay, Batangas, Philippines

agriculture 126community-based resource management 107, 126-9see also Batangas Bay Region

Batangas Bay Region (BBR), Philippinesagriculture 126

Batangas Bay Demonstration Project (BBDP) 127, 128, 137community-based resource management 107, 126-9, 129conflict 129employment 126environmental education 127environmental profile 126-7environmental and resource degradation 107, 126, 127financial resources 129industry 126, 127, 128and institutional integration 104-5, 126integrated coastal management framework 128-9legal and policy framework 127-8pollution 126, 127, 128, 129pollution control 128shipping 126, 127, 128, 129urbanization 127

Batangas City, Batangas, Philippines 126Binabalian, Santiago Island, Philippines 121, 122, 123Boac River, Marinduque, Philippines, pollution 100Bokor, Cambodia, tourism 25Bokor National Park, Cambodia 24, 25Bolinao, Pangasinan, Philippines

agriculture 119Bolinao Coastal Development Plan (BCDP) 125-6cement plant project, opposition to 119, 122-3, 123, 124Coastal Development Plan - Technical Working Group124

community opposition to cement plant project 119, 122-3, 123, 124

community organizations 121-3community participation 105-6, 119, 123-4, 125Community-Based Coastal Resources ManagementProject 121, 121-6

community-based resource management 107, 119-26,129coral reefs 119-20economy 120education 120employment 120environmental education 122environmental profile 119-21fisheries resources depletion 120mangroves 120marine products 120-1municipal coastal development plan 123-6people’s organizations 119, 122, 123, 124, 125population 120poverty 120tourism 120, 125

Britain, colonialism in Hong Kong, Malaysia, Myanmar andSingapore 11

Bugis, Indonesia 81Bukit Puteh, Kuala Perlis, Malaysia 176Burma see Myanmar

CCCCCCabugao, Coron Island, Palawan, Philippines 107, 109Calancan Bay, Philippines, tailings pollution 96

Geographical IndeGeographical IndeGeographical IndeGeographical IndeGeographical Indexxxxx

186

Calamianes Island Group, Palawan, Philippines 107, 111Cambodia

agriculture 18, 22, 22-3, 49, 52, 53aid dependency 12, 13aquaculture 20, 22, 25charcoal production and mangroves 24, 26, 52, 53climate 17coastal zone 16-17constraints on sustainable resource use 16, 51-3policy on 16, 36-8

colonialism and 41conflictbetween sectors 53in management 53over use of resources 25within legal system 54conservation plan 39Convention on Wetlands (Ramsar Convention) 39, 50coral reefs 22customary law 40, 41

decentralization, coastal and marine resourcesmanagement 53

degradationenvironmental and resource 27-8mangroves 22, 27-8wetlands 50

economy and economic growth 17-18, 22-3, 54employment 18, 25endangered species 49, 52environmental education 31environmental laws 46-7environmental policy 38environmental protection 46-7, 47-8, 48-9environmental sustainability index 7ethnic and religious composition 26-7Exclusive Economic Zone 42, 47-8exports 20, 24financial resources 16, 53fish marketing 24fish processing 25fish production 22fisheries domain 5, 12, 23, 42fisheries laws 5, 42-3, 51-2fisheries plan 38fisheries policy 37fisheries resources 19-20fisheries resources depletion 20, 24, 26forestry laws 43French colonialism and 11geographical characteristics 16-17historical profile of legal and institutional system 41industrial laws 43industrial sector policy 37industrial strategy and planning 38-9industry 18, 23, 24institutional confusion 5, 12, 16institutional framework 5-6, 16, 28-38, 57-8international and regional arrangements 47-51investment laws 41-2Joint Development Area, with Thailand 176labor laws 42land laws 41legal framework 5-6, 9-10, 16, 39-47, 58-9legislative hierarchy 39-41mangrove charcoal kilns 24, 26, 53mangrove forests 22, 23, 26National Environmental Action Plan (NEAP) 20, 38, 39national planning 38-9National Wetland Action Plan 39

outsiders/foreigners 6, 20, 24, 42, 47overfishing 5, 49, 50, 52policy framework 16, 36-8, 59pollution 31, 46, 48, 49, 50, 53, 54, 58

agriculture and 49, 53from shipping 47, 49from shrimp cultivation 20, 22, 25, 28, 49

pollution control 31, 46population 18-19prohibited fishing gear 5, 43, 52provincial authorities 31-3religion and traditional belief 19, 26-7resources management initiatives 26service sector 18shrimp farming 20, 22, 25, 27, 28, 49, 52small-scale fishers 26, 42strategies for sustainable resource use 54-5tourism 25, 37, 39tourism laws 45-6transport laws 43-5value of marine and coastal resources 25-6wetlands 5, 12, 27, 36, 39, 50

Caquiputan Channel, Pangasinan, Philippines 119Cardamom-Elephant Mountains, Cambodia 17Cebu, Philippines 115Chakrey Ting, Cambodia, cement factory 23, 24Chantaburi, shrimp aquaculture, Thailand 151Chantaburi Province, Thailand, coral reefs 22Chantaburi, Thailand, tourism 147, 150China, deep-sea fisheries 149Chumphon, Thailand, tourism 150Cilacap, Indonesia 74, 75, 85Coron Island, Palawan, Philippines

agriculture 108, 110-11community-based resource management 107, 107-13,129

conflict, over rights to resources 111customary law of Tagbanua people 108-9, 112, 112-13,129

environmental profile 107-8fisheries resources depletion 110marine protected area 133outsiders/foreigners 108population 107tourism 111, 112

DDDDDDauin, Negros Oriental, Philippines 114, 115, 116, 117Dewey Island,Pangasinan, Philippines 119Dong Tong, Cambodia, mangrove forests 22Dumaguete City, Negros Oriental, Philippines 115

EEEEEEast Asia

environmental degradation 134, 136population 134sustainable development 134-5

East Java, Indonesia, marine fishers 65East Timor, Portuguese colonialism and 11

FFFFFFlores Sea, Indonesia, fisheries management zone 65France 18

colonialism in Cambodia, Laos and Vietnam 11and legal framework of Cambodia 41

GGGGGGulf of Davao, Philippines 98Gulf of Thailand 16, 20, 48

187

depletion of marine resources 173oil and gas exploration 150, 176

HHHHHHalmahera Sea, Indonesia, fisheries management zone 65Haruku Island, Lease Islands, Indonesia

agriculture 72outsiders/foreigners 85sasi 62, 81, 85

Hong Kong, British colonialism and 11

IIIIIIba, Philippines, mine tailings pollution 96Indian Ocean, Indonesian fisheries management zone 65Indonesia

adat laws 62, 63, 74, 80-2, 86, 88aid dependency 12, 13centralization of regulations 6characteristics of marine resources 64-5co-management and fishery resources 62, 63coastal resource management, patterns of 63colonialism and 68, 73, 80conflict

and adat laws 67among stakeholders 60, 61, 88between users 62of interests 60, 61, 62, 63

conservation areas 67, 83coral reefs 61, 64customary law 85decentralization, coastal and marine resourcesmanagement 60, 89

degradationcoastal and marine resources 61, 79, 83coral reefs 68, 69, 70mangroves 61, 64, 68, 78

Dutch colonialism and 11economy 61employment 65endangered species 65, 84enforcement of laws and regulations 67, 70and sasi 81

environmental management legislation 9, 10, 78, 79, 83environmental management policies 61environmental protectioncoral reefs 84-5and exploration and exploitation of off-shore oil andgas 79

mangroves 82environmental sustainability index 7Exclusive Economic Zone 64, 77, 82fish production 64-5, 71fisheries 64-5, 65-6fisheries legislation 9, 67, 77, 78fisheries resources depletion 60, 61institutional confusion 11institutional coordination 6, 78, 79, 82, 83, 84institutional framework 3, 63, 82-6, 86integrated fisheries management 61, 63, 80, 86land ownership 76-7, 81legal framework 9-10, 60, 61, 61-2, 63, 77-82

and traditional law 74, 82, 85-6, 89unwritten laws 80-2written laws 77-80

local and traditional management 11, 63mangrove forests 1, 64marine fishers 65marine resources management, assessment of 86-9

marine transportation 65outsiders/foreigners 67, 79overlapping jurisdictions 3, 6, 60, 61, 61-2, 63policy framework 6, 60, 63pollution 61, 64, 65, 69, 75, 79, 83pollution control 6, 10, 79, 83, 85population 61, 65regional autonomy 6regional governments, role of 61, 62, 63religion 63, 70resource management, patterns of 65-7social aspects 65

Irian Jaya, Indonesia 64, 65, 85

JJJJJJapan

deep-sea fisheries 149export market for Thailand 149and Philippine fishing industry 98, 99tuna market 175

Java, Indonesia 85mangroves 75marine fishers 65pollution 61population density 65seaweeds and seagrasses 64

Java Seaenvironmental problems 61fisheries management zone 65

Java Strait, conflict between Thai and Indonesian fishers 8

KKKKKKalimantan, Indonesia, seaweeds and seagrasses 64Kamchay Mountain, Cambodia 58Kampong Som Province, Cambodia, ethnic composition 27Kampot Province, Cambodia 23

aquaculture 25coral reefs 22ethnic groups 27fishery reserves 25industries 23mangrove forests 22, 26, 27-8and tourism 39

Kampung Laut, Segara Anakan, Central Java, Indonesia 60, 63,74-7

economy 75, 76education 75-6employment 75land ownership 76-7natural resources 75opportunities 77outsiders/foreigners 76-7, 77population 75, 76resource management constraints 76-7social aspects 75-6

Kedah, Malaysia, and Indonesia-Malaysia-Thailand GrowthTriangle Development Project 176

Kep, Cambodia, tourism 25, 39Khlung District, Chantaburi Province, tiger prawn industry

148Kirirom, Cambodia, tourism 25Ko Samet National Park, Rayong Province, Thailand, tourism

147Koh Kapik, Cambodia 39, 50Koh Karang, Cambodia, coral reefs 22Koh Kong Province, Cambodia 19, 27, 38

aquaculture in 20, 21, 22, 25, 27catch-effort in 21

188

charcoal production 26ethnic composition 27fisheries in 20, 24fishing effort in 21mangrove charcoal kilns 24, 26mangrove forests 22, 25, 50medicinal plants 25

Koh Por, Cambodia, mangrove forests 22Koh Rong, Cambodia, eco-tourism 25Koh Rongsanlem, Cambodia, eco-tourism 25Koh Thash, Cambodia, eco-tourism 25Koh Yor, Cambodia, mangrove forests 22Krabi Province, Thailand, tourism 175Krabi, Thailand

and Phangnga Bay conservation zone 148tourism 150

Kupang Bay, Indonesia 60, 63, 68adat laws 82coral reefs 68enforcement of laws and regulations 69ethnic groups 68Marine Park 68outsiders/foreigners 82

Kupang, Indonesia 69Kwian Huk Sub-district Administration Organization, Khlung

District,Chantaburi province, Thailand and wastewater co-management 151

LLLLLLa Union, Philippines 119Laem Talumpuk, Pak Phanang District, Nakhon Si

Thammarat Province, Thailandclimate and tourism 160commercial anchovy fishing dispute 164conflict, over use of resources 160, 163conflict over resource use 160, 163enforcement of laws, policies and plans 145, 160, 163-6strategies 164-6

Laguna de Bay, Philippines 100Langkawi, Malaysia

Development Authority, and Tarutao Marine NationalPark, Thailand 178

fish market 175Laos 16, 49

French colonialism and 11Lease Islands, Indonesia 71

agriculture 72coral reefs 72degradation, mangroves 72education 72-3population 72sasi adat 81

Lepe Island, Satun Province, Thailand 177tourism 176

Lingayen Gulf, Philippines 121Lipa, Batangas, Philippines 126Lobo, Batangas, Philippines 126Lork Village, Kampong Trach, Kampot Province, Cambodia,

mangrove replanting 27Luzon, Philippines 126, 128

agriculture 93

MMMMMMacau, Portuguese colonialism and 11Makasar, Indonesia 81Malaka, Portuguese colonialism and 11Malaka, Straits of

fisheries management zone 65

Traffic Separation Scheme (TSS) 136Malaysia

British colonialism and 11Joint Development Area, with Thailand 176joint fishing ventures with Thailand 175loss of mangroves 1

Maluku, Indonesia, seaweeds and seagrasses 64Maluku Islands, Indonesia 70

Portuguese colonialism and 11Maluku Province, Indonesia 71-2, 81, 85Maluku Sea, Indonesia, fisheries management zone 65Manila Bay, Philippines 98, 126

pollution 96Manila, Philippines, waste disposal 95Marinduque, Philippines

mining disaster 100mine tailings pollution 96

Maulana Island, Lease Islands, Indonesia 72Mindanao, Philippines, seaweed 93Mindanoa, Philippines, agriculture 93Morotai, Indonesia, coral reefs 64Myanmar

British colonialism and 11deep-sea fisheries 149joint fishing ventures with Thailand 174-5

NNNNNNarathiwat Province, Thailand, and Indonesia-Malaysia-

Thailand Growth Triangle Development Project 176Natuna Sea, Indonesia, fisheries management zone 65Netherlands, colonialism in Indonesia 11Nusa Kambangan Island, Indonesia 80Nusa Laut Island, Lease Islands, Indonesia 60, 63, 71, 72

agriculture 81sasi 62, 81

Nusa Tenggara, Indonesia, seaweeds and seagrasses 64Nusa Tenggara Timur, Indonesia 68, 85

fishing seasons 85

PPPPPPacific Ocean, Indonesian fisheries management zone 65Pak Phanang Bay, Thailand 160Pak Phanang, Nakhon Si Thammarat Province, Thailand 152Pakanbaru, Indonesia 83Palawan, Philippines

agriculture 93sustainable development 112-13

Pangasinan, Philippines 119Panikel village, Segara Anakan, Indonesia 75, 76Pattani Province, Thailand, and Indonesia-Malaysia-Thailand

Growth Triangle Development Project 176Pattaya, Thailand, tourism 177Peam Krasob/Koh Sralao, Cambodia, mangrove forests 22Penang, Malaysia, and Indonesia-Malaysia-Thailand Growth

Triangle Development Project 176Perak, Malaysia, and Indonesia-Malaysia-Thailand Growth

Triangle Development Project 176Perlis, Malaysia

fish market 175, 177, 178and Indonesia-Malaysia-Thailand Growth TriangleDevelopment Project 176

and Tarutao Marine National Park, Thailand 178Phangnga Bay, Thailand, conservation zone 148Phangnga Province, Thailand, tourism 175Philippines

and Agenda 21 131agriculture and forestry 93-4and aid dependency 12, 13

189

aquaculture 92, 92-3, 97and Basel Convention on the Control of TransboundaryMovements of Hazardous Wastes and their Disposal133

co-management 91coastal resources, use of 92-5coastal zone management issues 95-7colonialism and 97, 98, 106community participation 105, 105-6, 116, 119, 123-4,125, 137

community-based resource management 106, 106-30,137-40

conflictamong stakeholders 3, 129between modes of resource use 3between resource users 92, 129over control of resources 3over marine and coastal space 91-2over use of resources 91, 92

and Convention of Biological Diversity 133and Convention on Wetlands 133customary law, of Tagbanua people 108-9, 112, 112-13,

129decentralization, environmental impact assessment 100degradation

coastal and marine environment 96wetlands 92

devolution of authority over resources 98, 99, 101, 104endangered species 112, 132, 135enforcement of laws and regulations 102, 105, 127environmental protection 97, 99, 101, 102environmental sustainability index 7fisheries laws 97fisheries resources depletion 8, 11, 93, 96, 106fishing and aquaculture 92-3functional overlap of institutions 3-4industry 95, 96institutional confusion 5institutional coordination 101, 102, 103, 106, 118, 129institutional framework 101-6

devolution to local governments 104and environmental degradation 8, 11institutional integration 104-5public participation 105-6, 123-4, 125, 137and resource depletion 8, 11

integrated coastal resource management 103integrating community-based resource management

137-40international agreements 130-3and International Maritime Organization conventions133

legal framework 9-10, 97-106, 139historical perspective 97-9

management of the coastal environment 99-106Environmental Impact Assessment system 100-1institutional arrangements see Philippines, institutional

frameworkpollution control 101

management framework, coastal zone 91-2mangroves 1, 93, 94mining 94, 96outsiders/foreigners 99, 132, 134, 136Philippine Agenda 21 138policy framework 97-106, 139

historical perspective 97-9policy-making and general management 101

pollution 92, 96pollution control 9, 98, 100-1, 101, 102, 103, 127, 128

population 95, 96protected areas 94regional agreements 134-7scientific research 102shipping and ports development 94-5Spanish and American colonialism and 11tourism 94and United Nations Convention on the Law of the Sea102, 132

urban development 95, 96waste disposal 95

Phnom Penh, Cambodia 18, 37, 39Phuket, Thailand

deep-sea fisheries 149, 175and Phangnga Bay conservation zone 148tourism 147, 150, 175, 177

Pilar, Santiago Island, Philippines 121, 122, 123Pombo Island, Lease Islands, Indonesia 72Portugal, colonialism in East Timor, Macau, Malakka and the

Moluccas 11Prachubkirikhan, Thailand, tourism 150

RRRRRRanong, Thailand, and Phangnga Bay conservation zone 148Ranong Province, Thailand, tourism 175Rawi Island, Satun Province, Thailand, tourism 176Ream, Cambodia, National Park 26Ream National Park, Cambodia 26Riau, Indonesia, marine transportation 65Rote Island, Indonesia 68, 69, 70, 82

SSSSSSantiago Island,Pangasinan, Philippines 119, 121Saparua Island, Lease Islands, Indonesia 62, 72, 73, 81Satun, Thailand 177Satun Province, Thailand 175

and Indonesia-Malaysia-Thailand Growth TriangleDevelopment Project 176

Segara Anakan, Indonesia 60, 63, 74-5, 85adat laws 80-1agriculture 76, 81degradationenvironmental and resource 81mangroves 75, 76

economy 76fisheries resources 76fisheries resources depletion 81integrated action plan 77mangroves 75, 76, 77outsiders/foreigners 81sedimentation 75, 76, 77, 81

Semau Island, Indonesia 68Seram Island, Indonesia 73Seribu, Indonesia, coral reefs 64Sihanoukville Bay, Cambodia 20Sihanoukville, Cambodia 16, 24, 25, 27, 30, 37, 38.50

industries 23, 24, 39mangrove forests 22tourism 25, 39

Singapore, British colonialism and 11Songkhla Bay, Thailand, dispute over commercial anchovy

fishing 8, 164Songkhla Province, Thailand, and Indonesia-Malaysia-

Thailand Growth Triangle Development Project 176Songkhla, Thailand, tourism 150South China Sea, Indonesian fisheries management zone 65Southeast Asia

artisanal fisheries 1

190

coastal resources 1colonialism and 11-12coral reefs 1environmental conservation 13fisheries 1fisheries management 13habitat degradation 1institutions and resources management 2, 13-14loss of seagrasses 1mangroves 64overfishing 1role of civil society 12-13

Spain, colonialism in Philippines 11, 97, 106Sre Ambel, Cambodia, mangrove forests 22Sulamu Village, Kupang Bay, Nusa Tenggara Timur, Indone-

sia 60, 63, 68-71conflict 70, 70-1economy 68fish marketing 69, 70-1fish processing 69fisheries resources depletion 68land ownership 69natural resources 68opportunities 71outsiders/foreigners 70resource access 69-70resource management constraints 70-1social aspects 68, 68-9

Sulawesi, Indonesia, seaweeds and seagrasses 64Sulawesi Sea, Indonesia, fisheries management zone 65Sumatra, Indonesia

environmental problems 61pollution 61seaweeds and seagrasses 64

Sumatra, Northern, Indonesiaand Indonesia-Malaysia-Thailand Growth TriangleDevelopment Project 176

and Tarutao Marine National Park, Thailand 178Surathani, Thailand, tourism 150

TTTTTTaiwan, deep-sea fisheries 149Tarutao Island, Satun Province, Thailand

Indonesia-Malaysia-Thailand Growth Triangle 176tourism 176

Tarutao Marine National Park (TMNP), Muang SatunDistrict, Satun Province, Thailand 152

fisheries and coastal management problem tree 179fisheries and coastal resource management 177-80

Indonesia-Malaysia-Thailand Growth Triangle 178, 180international involvement 146, 177-80strategies for management of 178, 180tourism 178

Thailandaid dependency 12, 13aquaculture 146, 147-8, 150, 167co-management and decentralization 170-3colonialism and 11, 156community participation 159, 169conflict

and land rights 158over land with outsiders 167over resource use boundaries 169and settlement in protected forest reserves 158

cultural heritagelocal ownership and resource use rights 168-9and tourism 150, 168, 175customary law 166, 167

decentralizationadministration 144, 178, 180and co-management approach to fisheries andresources 170-3

coastal and marine resources management 166, 169deep-sea fisheries 149, 175, 177degradation

coastal and marine environment 143, 157mangroves 149, 167tourism and 175

depletion of fisheries 143, 148, 157, 173enforcement of laws and regulations 148, 163-6environmental laws 163environmental protection, and industrialization 159environmental sustainability index 7Exclusive Economic Zone 148, 173exports 20, 149fisheries resources depletion 8, 143, 147, 148, 157, 173,177

institutional framework 3, 143, 157-60cyclical relationships 180, 181decentralization 144historical development 155-6interrelationship matrix between roles andresponsibilities 161-2

international involvement 144, 173-80joint fishing ventures 173, 174, 174-5

with Bangladesh 175with Malaysia 175with Myanmar 174-5

legal framework 3, 6-7, 9-10, 143-4coastal lands 167fisheries and aquaculture 155, 163, 167historical development 155-6mangrove forests 167water pollution 168

local use and management of resources 166-73marine capture fisheries 148-9, 150National Economic and Social Development Plans 159-60

outsiders/foreigners 166-7, 167, 168, 169overexploitation of coastal and marine resources 143overlapping mandates 6-7policy framework 3, 157-60

cyclical relationships 180, 181historical development 155-6historical evolution 144international impact 144local level 180, 182

political economy system 145pollution 143, 148, 151, 167, 168pollution control 151, 153-4, 155, 168population 143, 147, 166

Specific Development Plans 159tourism 146, 147, 150, 150-1, 168, 175traditional beliefs and values 166and World Trade Organization trade restrictions177

Thmar Sar/Chamlang Kor, Koh Kong Province,Cambodia, fishing 20

Tingloy, Maricaban Island, Batangas, Philippines 126Toledo City, Cebu, Philippines, mine tailings pollution96

Tomini Bay, Indonesia, fisheries management zone 65Tomnop Rolork, Sihanoukville, Cambodia 20, 27Touk Meas, Cambodia, fertilizer phosphate-millingfactory 23, 24

Trang Province, Thailand, tourism 175

191

Trang, Thailand, tourism 150Trat Province, Thailand, coral reefs 22Tropaing Ropov, Kampot Province, Cambodia 27Tubbataha Reef, Philippines 133Turtle Islands, Philippines 133

Philippines-Malaysia project 137

UUUUUUjung Alang village, Segara Anakan, Indonesia 75, 76Ujung Gagak village, Segara Anakan, Indonesia 75, 76Ujungpandang, Indonesia 83United States of America (USA), colonialism, Philippines 11,

97, 98, 106

VVVVVVerde Island, Batangas, Philippines 126Victory, Bolinao, Philippines 123Vietnam 17, 48

French colonialism and 11NGOs and development in 13

Visayan Islands, Philippinesagriculture 93seaweed 93

YYYYYYala Province, Thailand, and Indonesia-Malaysia-Thailand

Growth Triangle Development Project 176

192

AAAAAAcropora (coral), Indonesia 68anchovies

Coron Island, Philippines 109Songkhla Bay, Thailand 8, 164

aquarium fishBolinao, Philippines 121Philippines 93

Avicenia (mangrove)Indonesia 64Lease Islands, Indonesia 72

BBBBBbalat (sea cucumber), Coron Island, Philippines 108balinsasayaw (swiftlets), Coron Island, Philippines 108, 109banagan (lobster), Coron Island, Philippines 109bangus fry, Bolinao, Philippines 120, 124, 125batu laga

Indonesia 71Kupang Bay, Indonesia 68

batu lolaIndonesia 71Kupang Bay, Indonesia 68

blue marlin, Bolinao, Philippines 120Bruguiera gymnorhiza (mangrove), Segara Anakan, Indonesia

75Bruguiera (mangrove), Indonesia 64butterfly fish, Apo Island, Philippines 114

CCCCCcamon (mackerel), Cambodia 42-3cardinalfish, Bolinao, Philippines 120Ceriops (mangrove), Indonesia 64coral, harvesting, Philippines 93coral reef fish, Indonesia 64coral reefs 1

Apo Island, Philippines 113Bolinao, Philippines 119-20Cambodia 22, 25, 49conservation of, Indonesia 79degradation

Bolinao, Philippines 119-20, 121Indonesia 68, 69, 70, 78Philippines 96

and dive tourism, Apo Island, Philippines 117East Asia 134Indonesia 61, 64, 68, 79, 83, 84-5Kupang Bay, Indonesia 68Lease Islands, Indonesia 72mining

Indonesia 61, 62, 64, 79Kupang Bay, Indonesia 69

protectionApo Island, Philippines 117Indonesia 84-5

research into, University of the Philippines - MarineScience Institute 121

Thailand 22crab

Cambodia 25culture, Thailand 147Koh Kong 20

Crossorhombus azureus, Segara Anakan, Indonesia 75crustaceans, Indonesia 64

cuttlefish, Cambodia 20Cynoglossus lingua, Segara Anakan, Indonesia 75

DDDDDdemersal species

Cilacap, Indonesia 75Indonesia 64Kupang Bay, Indonesia 68

dolphin, Cambodia 27dusu fish, Indonesia 71

EEEEEeastern little tuna (Euthynnus affinise), Thailand 149eel, Coron Island, Philippines 109Enhalus acoroides (sea grass), Lease Islands, Indonesia 72Euthynnus affinise, Thailand 149Excoecaria agallocha (mangrove), medicinal use of, Cambodia

25Exoecaria (mangrove), Indonesia 64

FFFFFfinfish

Bolinao, Philippines 119, 120Cambodia 25

fingerlingPhilippines 106Thailand 148

fishcoral reef, Indonesia 64culture, Thailand 147fermented, Cambodia 25freshwater, Cambodia 20migratory, Indonesia 75minimum size, Philippines 98ornamental, Kupang Bay, Indonesia 68ponds

Apo Island, Philippines 118Batangas Bay Region, Philippines 126Bolinao, Philippines 119and mangroves 1

Bolinao, Philippines 120Philippines 93, 94

Segara Anakan, Indonesia 76production

Indonesia 71Philippines 93Segara Anakan, Indonesia 75

stocksbiological renewability of 2conservation of 132data on 2property rights governing access to 2Segara Anakan, Indonesia 75

yield, Apo Island, Philippines 114

GGGGGgargaheng

Indonesia 71Kupang Bay, Indonesia 68

giant clams, research into, University of the Philippines -Marine Science Institute 121

green mussels, Koh Kong Province, Cambodia 20grouper

Apo Island, Philippines 114

Species IndeSpecies IndeSpecies IndeSpecies IndeSpecies Indexxxxx

193

Coron Island, Philippines 109

HHHHHhawkesbill turtles, Philippines 98hidung muda, Kupang Bay, Indonesia 68

IIIIIikan lompa (Trissina baelama), Haruku Island, Indonesia 85indong (eel), Coron Island, Philippines 109

JJJJJjacks, Apo Island, Philippines 114jellyfish, Philippines 93

KKKKKkabaak, Kupang Bay, Indonesia 68kabaak fish, Indonesia 71Katsuwonus pelamis, Thailand 149kepala batu, Kupang Bay, Indonesia 68kerapu, Kupang Bay, Indonesia 68kerapu fish, Indonesia 71kombong, Kupang Bay, Indonesia 68kombong fish, Indonesia 71

LLLLLlapu-lapu (grouper), Coron Island, Philippines 109lato (seaweed), Coron Island, Philippines 109latuk (edible seaweed), Coron Island, Philippines 108lobster

Coron Island, Philippines 109Indonesia 71Kupang Bay, Indonesia 68

lorak, Kupang Bay, Indonesia 68lorak fish, Indonesia 71luray (edible birds’ nests), Coron Island, Philippines 108

MMMMMmackerel

Bolinao, Philippines 120Cambodia 20, 42-3canned, export from Japan to Philippines 98Coron Island, Philippines 109

mangrovesApo Island, Philippines 114Bolinao, Philippines 120Cambodia 22, 25charcoal

Ban Laem Makham, Thailand 170Cambodia 24, 26, 52, 53Thailand 149, 167

Coron Island, Philippines 110, 112deforestation 1

Apo Island, Philippines 118Cambodia 17, 22, 26, 27-8, 53Indonesia 1, 62, 64Kupang Bay, Indonesia 68Laem Talumpuk, Thailand 160, 163Lease Islands, Indonesia 72Malaysia 1mining and, Thailand 150Philippines 93, 96Segara Anakan, Indonesia 75Thailand 1, 149

degradationAmeth Village, Nusa Laut Island, Indonesia 74Cambodia 22, 27-8, 52Indonesia 61, 64, 68, 78Segara Anakan, Indonesia 75, 76

Thailand 149, 167development and, Thailand 143East Asia 134and eco-tourism, Thailand 150economic exploitation of, Cambodia 22, 23, 24fish ponds and 1

Bolinao, Philippines 120Philippines 93, 94Segara Anakan, Indonesia 76

illegal exploitation, Segara Anakan, Indonesia 77Indonesia 64, 79institutional framework, national level, Indonesia 82, 83,84

international shrimp/prawn market, Thailand 149, 150Java, Indonesia 75Kupang Bay, Indonesia 68Laem Talumpuk, Thailand 160Lease Islands, Indonesia 72legislation and, Cambodia 22local ownership and resource use rights, Thailand 167management of, Cambodia 26medicinal use of, Cambodia 25prawn farming and

Laem Talumpuk, Thailand 164Thailand 167

preservation policy, Thailand 158protection

Indonesia 82, 84Philippines 102

rehabilitationBolinao, Philippines 123Thailand 149, 167

replanting of, Cambodia 27research into, University of the Philippines - MarineScience Institute 121

and saltpans, Cambodia 25, 26, 27, 52, 53Segara Anakan, Indonesia 75, 76settlement and

Laem Talumpuk, Thailand 160, 163, 164Thailand 167

shrimp farming and 1Cambodia 22, 27, 28, 52, 53Laem Talumpuk, Thailand 160Segara Anakan, Indonesia 75Thailand 149, 150

and sludge disposal, Laem Talumpuk, Thailand 163Thailand 149-50tiger prawn industry and, Thailand 149and wastewater management, Ban Kwian Huk, Thailand154

mano, Kupang Bay, Indonesia 68mano fish, Indonesia 71marine fish

limitations on size of harvestable, Cambodia 5processing of, Cambodia 25

marine mammals, Philippines 103maya-maya (snapper), Coron Island, Philippines 109mollusks, Philippines 93, 98molmol (parrotfish), Coron Island, Philippines 109Montipora (coral), Indonesia 68Mugil buchanan, Segara Anakan, Indonesia 75Mugil cephalus, Segara Anakan, Indonesia 75

NNNNNNapoleon fish, Indonesia 71napoleon wrasse, Kupang Bay, Indonesia 68nipi, Kupang Bay, Indonesia 68nipi fish, Indonesia 71

194

OOOOOoctopus

Cambodia 25Coron Island, Philippines 108

ornamental fishes, Kupang Bay, Indonesia 68oysters, Koh Kong Province, Cambodia 20

PPPPPparrotfish

Apo Island, Philippines 114Coron Island, Philippines 109

pearls, farming, Coron Island, Philippines 111pelagic fish

Bolinao, Philippines 121large

Cilacap, Indonesia 75Indonesia 64

penaeid, Indonesia 64Penaeus monodon

Cambodia 20Thailand 147-8

peperekIndonesia 71Kupang Bay, Indonesia 68

pla thu (mackerel), Cambodia 42-3prawn

aquaculture, Laem Talumpuk, Thailand 164farming

and mangrovesLaem Talumpuk, Thailand 164Thailand 167

Thailand 147international market for and mangroves, Thailand 149ponds, Thailand 167US trade restrictions on 177

RRRRRrabbitfish

Bolinao, Philippines 120Coron Island, Philippines 109

Rataboura bicolor, Segara Anakan, Indonesia 75red fish, Indonesia 71red kakap, Indonesia 71reef fish

Apo Island, Philippines 114Bolinao, Philippines 120

Rhizophora apiculata (mangrove), Segara Anakan, Indonesia75

Rhizophora (mangrove)Indonesia 64Lease Islands, Indonesia 72

Rhizophora mucronata (mangrove), Segara Anakan, Indonesia75

rock fish, Koh Kong 20

SSSSSSam Bok Sramoch (fungus), medicinal use of, Cambodia 25samaral (rabbitfish), Coron Island, Philippines 109sardines, canned, export from Japan to Philippines 98scad, Cambodia 20sea cucumber

Cambodia 25Coron Island, Philippines 108Indonesia 71Kupang Bay, Indonesia 68

sea cucumbers, Philippines 93sea urchins

Bolinao, Philippines 121

Philippines 93seagrasses

Apo Island, Philippines 114Bolinao, Philippines 120Cambodia 25East Asia 134Indonesia 64, 82Lease Islands, Indonesia 72loss of, Southeast Asia 1Philippines 96research into, University of the Philippines - MarineScience Institute 121

Sumatera, Indonesia 64seaweeds

Apo Island, Philippines 114Bolinao, Philippines 119, 120Coron Island, Philippines 108, 109farming, Coron Island, Philippines 109, 110Indonesia 64, 71Kupang Bay, Indonesia 68Lingayen Gulf, Philippines, research 121Philippines 93Sumatera, Indonesia 64

serranids, Kupang Bay, Indonesia 68shark fins, Salamu Village, Kupang Bay, Indonesia 71shellfish

Cambodia 52Coron Island, Philippines 109Indonesia 82, 98Kupang Bay, Indonesia 68Thailand 147

shrimp 175Cambodia 19, 20, 25Cilacap, Indonesia 75diseases

Cambodia 22, 25Chantaburi, Thailand 151, 153

export from Philippines to Japan 98farming

Cambodia 20, 22, 25, 27, 28, 49, 52Chantaburi, Thailand 151conditions for, Cambodia 28Koh Kong Province, Cambodia 20, 21, 22, 25, 27Laem Talumpuk, Thailand 160and mangroves 1

Cambodia 22, 27, 28, 52, 53Laem Talumpuk, Thailand 160Segara Anakan, Indonesia 75

pollution from, Cambodia 20, 22, 25, 28, 49Segara Anakan, Indonesia 76Thailand 27wastewater management, Ban Kwian Huk, Thailand146, 151-5

international market for and mangroves, Thailand 150overexploitation, Indonesia 65ponds

Laem Talumpuk, Thailand 160Segara Anakan, Indonesia 76

production, Segara Anakan, Indonesia 75stock depletion, Cambodia 20trawling, Cambodia 20

siganids, Bolinao, Philippines 124skipjack (Katsuwonus pelamis), Thailand 149skipjack tuna, Bolinao, Philippines 120skipjacks, Indonesia 64small pelagics

Cilacap, Indonesia 75Indonesia 64

195

snapper, Coron Island, Philippines 109Spanish mackerel, Koh Kong 20sponges

Philippines 98medicinal use of, Indonesia 93

squidCambodia 19, 25Koh Kong Province 20

stone head fish, Indonesia 71surgeonfish

Apo Island, Philippines 114Coron Island, Philippines 109

swiftlets, Coron Island, Philippines 108, 109

TTTTTtanguigue (mackerel)

Bolinao, Philippines 120Coron Island, Philippines 109

tekbeken (small octopus), Coron Island, Philippines 108tembang, Kupang Bay, Indonesia 68tembang fish, Indonesia 71Thalassia hemprichii (sea grass), Lease Islands, Indonesia 72Thunnus albacares, Thailand 149Thunnus tonggol, Thailand 149tiger prawn

culture, and mangroves, Thailand 149(Penaeus monodon), Thailand 147-8

tongkol, Kupang Bay, Indonesia 68tongkol fish, Indonesia 71Trissina baelama (ikan lompa), Haruku Island, Indonesia 85tuna 175

export from Philippines to Japan 98Indonesia 64Koh Kong Province, Cambodia 20

tuna (Thunnus tonggol), Thailand 149tunicates, medicinal use of, Indonesia 93turtles

Ban Laem Makham, Thailand 170Indonesia 98Philippines 103

WWWWWwaterfowl, preservation of, Cambodia 50

XXXXXXylocarpus (mangrove), Indonesia 64

YYYYYyellowfin tuna, Bolinao, Philippines 120yellowfin tuna (Thunnus albacares), Thailand 149young nose fish, Indonesia 71

196

AAAAAacademic institutions

and community-based resource managementApo Island, Philippines 115, 116, 129Bolinao, Philippines 121, 122, 123, 125

see also Silliman University; University of the PhilippinesAct 4003 of 1934 (Fisheries Act) (Philippines) 102Act No. 1 of 1973 (Indonesia), continental shelf 9, 77, 79Act No. 4 of 1982 (Indonesia), environmental management 9Act No. 5 of 1960 (Indonesia)

and adat law 62, 80basic agrarian law 78

Act No. 5 of 1967 (Indonesia), forestry 9, 78-9Act No. 5 of 1974 (Indonesia), basic provisions of regional

government 9, 62, 78Act No. 5 of 1983 (Indonesia), Indonesia’s exclusive

economic zone 9, 77Act No. 5 of 1990 (Indonesia), conservation of natural

resources and their ecosystems 9, 67, 77, 79Act No. 6 of 1996 (Indonesia), Indonesian waters 9, 78Act No. 9 of 1985 (Indonesia), fisheries 9, 67, 77, 78Act No. 9 of 1990 (Indonesia), tourism 79Act No. 11 of 1967 (Indonesia), mining 9, 78, 79Act No. 17 of 1985 (Indonesia), ratification of UNCLOS 9,

77Act No. 21 of 1992 (Indonesia), navigation 9, 78Act No. 23 of 1997 (Indonesia), environmental management

10, 78, 79, 83Act No. 24 of 1992 (Indonesia), spatial planning 9, 61, 62,

78, 83, 88adat alliance, Ameth Village, Nusa Laut Island, Indonesia 74adat laws (hukum adat) (traditional laws), Indonesia 62, 63,

74, 80-2, 86, 88and Bhineka Tunggal Ika 80and conflict between fishers 67Kupang Bay 82and legal framework 82, 89regions where applicable 80and resource use opportunities, Ameth Village, Nusa Laut

Island 74Segara Anakan 80-1

administration see institutional framework; institutionalconfusion; institutional coordination; institutionalintegration; institutions

Administrative Code (1987) (Philippines) 10, 103Agenda 21 7, 130, 130-1, 174

and community-based resource management 137Agrarian Act (Indonesia) see Act No. 5 of 1960Agreement on the Conservation and Management of

Straddling Fish Stocks and Highly Migratory Fish Stocks(1995) 131

agricultureAmeth Village, Nusa Laut Island, Indonesia 73Apo Island, Philippines 114, 115Batangas Bay Region, Philippines 126Bolinao, Philippines 119Cambodia 18, 22, 22-3, 49, 52, 53Coron Island, Philippines 108, 110-11Lease Islands, Indonesia 72Nusa Laut Island, Indonesia 81Philippines 93-4Segara Anakan, Indonesia 76, 81see also swidden farming

Agriculture and Commerce, Department of (DAC)

(Philippines) 98, 103Agriculture, Department of - Bureau of Fisheries and

Aquatic Resources (DA-BFAR) (Philippines)fisheries resources management 103-4role of 4-5, 102, 103-4see also Fisheries and Aquatic Resources, Bureau of

Agriculture, Department of (DA) (Indonesia) 66, 67, 78, 82coral reefs 84fisheries 82mangroves 82, 84role of 83

Agriculture, Department of (DA) (Philippines) 98agricultural resources management 101, 103and Bolinao coastal management plan 124fisheries resources management 101, 103-4Local Government Code and 104research 102, 103role of 4-5, 101, 103

Agriculture and Fisheries Modernization Act of 1997(AFMA) (Philippines) 5, 10, 98role of 99

Agriculture and Food, Ministry of (Philippines) 102Agriculture, Forestry and Fisheries, Ministry of (MAFF)

(Cambodia), and Common Circular on Overloaded Trucks,Especially Logging Trucks 44

Agriculture, Forestry and Fisheries, Ministry of (MAFF)(Cambodia), responsibilities of 29

Agriculture, Ministry of, Fishery Service (Indonesia),licensing of fishers 69

Agriculture, Ministry of (Indonesia) 66fisheries 67

aid see donors; foreign aidAmerican Friends Service Committee (AFSC), and coastal

zone management in Cambodia 36amlaran (sacred areas on land), Tagbanua people, Philippines

108amuyuk (sacred lakes), Tagbanua people, Philippines 108, 109ancestral domain, Tagbanua people, Philippines 107, 108,

109, 111, 112Andaman Project for Participatory Restoration of Natural

Resources 172andon (permanent fishers), Indonesia 66aquaculture

Cambodia 20, 22, 25customary rules and, Thailand 167export demands, Thailand 147jurisdiction over, Philippines 97Koh Kong Province, Cambodia 20, 22, 25local ownership and resource use rights, Thailand 166-7outsiders and, Thailand 167Philippines 92, 92-3Thailand 146, 147-8, 150

ASEAN see Association of Southeast Asian NationsASEAN Agreement on the Conservation of Nature and

Natural Resources 135ASEAN Environment Program (ASEP) 135Asia-Pacific Memorandum of Understanding on Port State

Control 136Asian Development Bank (ADB)

Cambodia and 49Fisheries Sector Program (1996), Philippines 5

Association of Southeast Asian Nations (ASEAN) 173Cambodia and 49and coastal and marine resources management 134-5

Subject IndeSubject IndeSubject IndeSubject IndeSubject Indexxxxx

197

Australian Centre for International Agricultural Research(ACIAR), and University of the Philippines - MarineScience Institute 121

Australian People for Health, Education and DevelopmentAbroad (APHEDA)and coastal zone managment in Cambodia 36, 52and mangrove replanting in Cambodia 27

Ayutthaya period, laws, policies and institutions, Thailand155, 156

BBBBBbaby muro-ami, Coron Island, Philippines 113Bajo people, Kupang Bay, Indonesia 68, 69, 70, 71, 81, 82Bajo–Rote agreement on fishery management, Kupang Bay,

Indonesia 70, 82bamboo traps, Apo Island, Philippines 117Bantay Dagat (volunteer coastal patrols)

and illegal fishing, Philippines 102, 116, 118registration of divers, Philippines 117

Bantay Dagat Committee (BDC), Philippines 102, 105Banyamas Adat, Segara Anakan adat law and, Indonesia 80barangay (villages)

Philippines 92, 95, 106, 116, 119, 124community participation, Philippines 105jurisdiction over coastal resources, Philippines 97, 138Tagbanua people and, Philippines 112traditional rights, Philippines 97see also Arnedo; Balingasay; Binabalian; Pilar

Basel Convention on the Control of TransboundaryMovements of Hazardous Wastes and their Disposal 133

Batangas Bay Demonstration Project (BBDP), Philippines127, 128, 137

Batangas Bay Region Environmental Protection Council,Philippines 127-8, 128, 129

beach seine nets, Apo Island, Philippines 114Bhineka Tunggal Ika (unity in diversity), of adat laws,

Indonesia 80binca-binca, Sulamu Village, Kupang Bay, Indonesia 69biodiversity, conservation of

Cambodia 26, 39, 49, 50Indonesia 79see also Convention on Biological Diversity

biodiversity action plans 7biological diversity see biodiversityBisayans, in Bolinao, Philippines 120blast fishing see explosives in fishingBolinaoan people, Philippines 120bubu (fish traps), Indonesia 69, 70, 73Buddhism

Cambodia 19, 26-7, 40Thailand 169

Bugis people, Kupang Bay, Indonesia 68, 81, 82buka (open), and traditional fishing, Nusa Tenggara Timur,

Indonesia 85Bureau of Fisheries (BoF) (Philippines) 99

role of 98-9Buton people, Kupang Bay, Indonesia 68, 81, 82

CCCCCcapitalist system, Thailand 145carrying capacity of fishery resources (AC), integrated

fisheries management 86catch-effort, Koh Kong Province, Cambodia 21cement plant project, opposition to, Bolinao, Philippines

119, 122-3, 123, 124Center for Archipelago, Law and Development Studies 3Certificate of Ancestral Domain Claim (CADC), Tagbanua

people, Philippines 109, 111, 113

Chao Ley people (Sea Gypsies), Lepe and Adang Islands,Thailand 177, 178

charcoal productionmangroves and

Ban Laem Makham, Thailand 170Cambodia 24, 26, 52, 53Koh Kong Province, Cambodia 24, 26Thailand 149, 167

civil society 4role of 12-13

climate change, Cambodia and 51coastal aquaculture see aquacultureCoastal Coordinating Unit (CCU)

National Coastal Steering Committee (Cambodia) 34responsibilities of 36

Coastal Development Plan - Technical Working Group(CDP-TWG), and Bolinao coastal development plan,Philippines 124

Coastal Environment Program (CEP)Philippines 92, 105

integrated coastal resource management 103coastal minerals see miningCoastal Resource Management Project (CRMP), Philippines

101, 104Coastal Resources Institute (CORIN), Prince of Songkhla

University 3coastal zoning, Bolinao, Philippines 123Coastal Zone Management Conference (1993) 131Collective Management System see Pengelolaan Bersama

collector ships, and fish marketing, Salamu Village,Kupang Bay, Indonesia 71

colonialism 11-12and administrative structures 11American

and legal framework, Philippines 97, 98resistance to state regulation, Philippines 106

Dutchand adat law, Indonesia 80and migration between islands, Indonesia 68, 73

influence of 4and legal framework of Cambodia 41and resources 11-12and science and technology 11, 12Spanish

and legal framework, Philippines 97, 98resistance to state regulation, Philippines 106

and Thailand 11, 156co-management

aim of 171and decentralization, Thailand 170-3fishery resources, Indonesia 62, 63and local participation

Ban Laem Makham, Thailand 170-3strategies, Ban Laem Makham, Thailand 171-3

Philippines 91and wastewater management

Ban Kwian Huk, Thailand 151, 153strategies, Ban Kwian Huk, Thailand 153-5

command and control strategies of resource management,Philippines 106, 137, 139

commercial fishingand small-scale fishers

Ban Laem Makham, Thailand 169-70Cambodia 26Indonesia 67, 78Thailand 8, 158, 160, 164, 169-70

Thailand 148, 169and traditional fishing, Philippines 110, 112

198

Commission of Research and Fishery ResourcesDevelopment (CRFRD) (Indonesia) 66

Common Circular on Overloaded Trucks, EspeciallyLogging Trucks (Cambodia) 44

communal ownership rightsPhilippines 106, 109, 110, 111, 137, 139and resource use boundaries, Thailand 169Thailand 166-7

Communication, Department of (Indonesia) 82coral reefs 84fisheries 82pollution control 83, 85role of 83-4

Community Forest Stewardship Agreement (CFSA), withTagbanua Foundation of Coron Island, Philippines 111

community participationBolinao, Philippines 105-6, 119, 123-4, 125Philippines 105, 105-6, 116, 119, 123-4, 125, 137Thailand 159, 169

Community-Based Coastal Resources Management Project(CB-CRM), Bolinao, Philippines 121, 121-6

community-based resource management (CBRM) 13, 86, 87,88, 91, 137-40Agenda 21 and 137Apo Island, Negros Oriental, Philippines 107, 113-19,

129Batangas Bay, Batangas, Philippines 107, 126-9, 129Bolinao, Pangasinan, Philippines 107, 119-26, 129Coron Island, Palawan, Philippines 107, 107-13, 129external forces on, Thailand 147forestry, Philippines 107historical perspective, Philippines 106and integrated coastal management 129, 139-40new Fisheries Code and, Philippines 138Philippine Agenda 21 and 138Philippines 106, 106-30, 137-40rationale, Philippines 106-7Rio Declaration and 137and sectoral integration and coordination 91see also local communities

compatibility principles, integrated fisheries management87

competitionamong resource users, Philippines 92from outsiders, Segara Anakan, Indonesia 76-7, 77integrated fisheries management 87-8and ownership and resource use rights, Thailand 166

compressors, use of in fishing, Philippines 110, 113conflict 8, 11, 13

and adat laws, Indonesia 67at nation-state level 8bureaucratic, under colonialism 11centralized state laws/regulation and local indigenous

knowledge 166fishers, Sulamu Village, Kupang Bay, Indonesia 70, 70-1and institutional confusion 8of interest, Indonesia 60, 61, 62, 63and land rights, Thailand 158in management, Cambodia 53modes of resource use, Philippines 3with outsiders, Thailand 167, 169over commercial anchovy fishing, Songkhla Bay, Thailand

8, 164over control of resources, Philippines 3over resource use boundaries, Thailand 169over rights to resources, Coron Island, Philippines 111over use of resources

Cambodia 25

Laem Talumpuk, Thailand 160, 163Philippines 91, 92

resource users, Philippines 92, 129sectors, Cambodia 53and settlement in protected forest reserves, Thailand 158South China Sea Workshop on Conflict Resolution 136-7stakeholders

Batangas Bay Region, Philippines 129Indonesia 60, 61, 88Philippines 3, 129

users 8Indonesia 62

within legal system, Cambodia 54see also land ownership; outsiders

conservation areas, Indonesia 67, 83conservation education programs, Apo Island, Philippines

115conservation plan, Cambodia 39conservation zones

Phangnga Bay, Thailand 148see also protected areas

Constitution (Cambodia) 39-40, 41Constitution (Indonesia) 77, 78

and traditional community rights 80Constitution (Philippines) 97Constitution (Thailand), new

and co-management 171and role of local communities in resource and

envronmental management 7, 143, 157, 165, 166, 168,180

consultation see community participation; multi-sectorconsultation; participation

Convention on Biological Diversity (CBD) 133Cambodia and 50

Convention on International Trade in Endangered Speciesof Wild Fauna and Flora (CITES), Cambodia and 49

Convention on Wetlands (Ramsar Convention) 133Cambodia and 39, 50

Coordinating Body on the Seas of East Asia (COBSEA)Cambodia and 48-9and Coastal Coordinating Unit (Cambodia) 36

Coral Reef and Environmental Management Project(COREMAP), Indonesia 68, 73, 84

Core Community Business Development see Perusahaan IntiRakyat

Council for the Development of Cambodia (CDC), andforeign investment 47

cultural heritagelocal ownership and resource use rights, Thailand 168-9and tourism, Thailand 150, 168, 175

customary lawCambodia 40, 41Indonesia 85

see also adat lawsTagbanua people, Philippines 108-9, 112, 112-13, 129Thailand 166, 167

cyanide, use of in fishing see poison fishingcyclical relationships of policies and plans, Thailand 180,

181

DDDDDdai sasoro, Kupang Bay, Indonesia 70Danida see Danish International Development AssistanceDanish International Development Assistance (Danida), and

Cambodian coastal zone 34, 52Danish seine, Coron Island, Philippines 110, 113data and data collection 1

on fish stocks 2

199

matrix approach 145Philippines 129Thailand 146see also research

data and information (DI), and POAC activities 86, 88, 90decentralization

Ban Kwian Huk, Thailand 152Cambodia 53and co-management approach, Thailand 170-3environmental impact assessment, Philippines 100Indonesia 60, 89Thailand 144, 166, 169, 178, 180

deep-sea fisheries see fisheries, deep-seadegradation

coral reefs, Indonesia 68, 69, 70mangroves

Ameth Village, Nusa Laut Island, Indonesia 74Cambodia 22, 27-8Indonesia 61, 64, 68, 78Lease Islands, Indonesia 72Segara Anakan, Indonesia 75, 76Thailand 149, 167

wetlandsCambodia 50Philippines 92

see also environmental and resource degradation; habitatdegradation; pollution

demand-side fisheries and coastal resources (DSFCR) 146-8coastal aquaculture, Thailand 147-8human demand, Thailand 146-7natural resources demand, Thailand 147

demand-side resources (DSR)aquaculture operations 153defined 144

demand-supply paradigm 144-5with historical development, Thailand 156

determination of absorptive capacity of the marineenvironment (DI), integrated fisheries management 86, 88

devolution of authority over resources, Philippines 98, 99,101, 104

DINAS ([provincial implementing] agencies), Indonesia 6,85

Directorate General of Fisheries (DGoF) (Indonesia) 64, 67fisheries management plan 65

dive tourism, Apo Island, Philippines 117-18diving

Apo Island, Philippines 117recreational, Philippines 94

donorsrole of 4, 12see also aid; assistance

dynamiting see explosives in fishing

EEEEEEastern Seaboard Program, Thailand 176eco-tourism

Bolinao, Philippines 125Cambodia 25and mangroves, Thailand 150Thailand 168, 175

economic growthCambodia 17-18and environmental sustainability 7promotion of in coastal zone, Cambodia 54

Economics and Finance, Ministry of (Cambodia) 32, 53and Common Circular on Overloaded Trucks, Especially

Logging Trucks 44economy

Ameth Village, Nusa Laut Island, Indonesia 72, 73Bolinao, Philippines 120Cambodia 17-18, 22-3Indonesia 61Kampung Laut, Segara Anakan, Indonesia 75, 76Segara Anakan, Indonesia 76Sulamu Village, Kupang Bay, Indonesia 68

Ecosystem Research and Development Bureau (ERDB),Philippines 102

educationApo Island, Philippines 115Bolinao, Philippines 120Kampung Laut, Segara Anakan, Indonesia 75-6Lease Islands, Indonesia 72-3

Education, Culture and Sport, Department of (DECS)(Philippines), and environmental education 116

Education, Ministry of (Cambodia) 37electric fishing gear, Cambodia 43employment

Ameth Village, Nusa Laut Island, Indonesia 73Apo Island, Philippines 114-15Batangas Bay Region, Philippines 126Bolinao, Philippines 120Cambodia 18, 25Indonesia 65Kampung Laut, Segara Anakan, Indonesia 75

endangered speciesCambodia 49, 52Indonesia 65, 84Philippines 112, 132, 135

Energy Department, Ministry of Industry, Mines and Energy(Cambodia) 30

enforcement of laws and regulations 4, 7Apo Island Marine Reserve, Philippines 116, 119financial resources and 7-8human resources and 7-8Indonesia 67, 70Kupang Bay, Indonesia 69Laem Talumpuk, Thailand 145, 160, 163Philippines 102, 105, 127of sasi, Indonesia 81strategies, Laem Talumpuk, Thailand 164-6Thailand 163-6tiger prawn industry, Thailand 148

Environment, Ministry of (Cambodia) 12Environment, Ministry of (MoE)(Cambodia)

and charcoal kilns 26and climate change 51and Coastal Coordinating Unit 34, 36establishment, organization and functioning of 46and National Coastal Steering Committee 34, 35and National Environmental Action Plan 39organizational structure of 34responsibilities of 30-1and Royal Decree on the Creation and Designation of

Protected Areas 51Environment and Natural Resources, Department of -

Community Environment and natural resources office(DENR-CENRO) (Philippines) 111

Environment and Natural Resources, Department of(DENR) (Philippines)and Bolinao coastal development plan 124Coastal Environmental Program see Coastal

Environmental Programand environmental compliance certificates 100environmental impact assessment see Environmental

Impact Assessment systemenvironmental protection 101, 102

200

fisheries resources 103mangrove conservation 102marine and aquatic resources 103marine wildlife protection 102-3organizational structure 103pollution control 100-1, 102, 103, 127, 128protected areas management 102-3protected landscape and seascape, Apo Island 117, 118role of 4-5, 101, 102, 102-3

Environment, State Ministry for (Indonesia)coral reefs 85mangroves 82role of 83

environmental compliance certificate (ECC), Philippines 100environmental education

Apo Island, Philippines 115, 116, 118-19Batangas, Philippines 127Bolinao, Philippines 122Cambodia 31

environmental impact analysis, Indonesia 79Environmental Impact Assessment (EIA)

Cambodia 30, 46, 46-7Indonesia 83, 84Philippine Agenda 21 and 131Philippines 100-1Rio Declaration on Environment and Development and

130Environmental Impact Assessment system, Philippines 100-

1, 103, 122environmental impact control, Indonesia 83Environmental Impact Management Agency (BAPEDAL)

(Indonesia)coral reefs 83, 85mangroves 82, 83role of 83

environmental impact statements (EIS), Philippines 100Environmental Law (Cambodia) see Law on Environmental

Protection and Natural Resource Managementenvironmental laws

Cambodia 46-7Thailand 163

environmental managementIndonesia 83legislation, Indonesia 9, 10, 78, 79, 83policies, Indonesia 61

Environmental Management Bureau (EMB) (Philippines),pollution control 100, 101, 127

Environmental Management in the Coastal Zone ofCambodia, Danida project 34

Environmental Management Plan (EMP), Philippines 103environmental policy

Cambodia 38Rio Declaration on Environment and Development

(1992) and 130environmental protection

Agenda 21 and 130-1ASEAN and 49Cambodia 46-7, 47-8, 48-9coral reefs, Indonesia 84-5and enforcement of laws and regulations 7and exploration and exploitation of off-shore oil and gas,

Indonesia 79and industrialization, Thailand 159mangroves, Indonesia 82Philippines 97, 99, 101, 102and policy implementation, Indonesia 89see also protected areas

environmental and resource degradation

Batangas Bay Region, Philippines 126, 127Cambodia 27-8East Asia 134, 136Indonesia 61, 83institutional framework and, Philippines 8, 11Philippines 96poverty and 1Segara Anakan 81Thailand 143, 157tourism and

Indonesia 79Thailand 175

see also degradationenvironmental risk, Philippines 100environmental sustainability index (ESI) 7environmentally critical areas (ECAs), Philippines 100ethnic groups

Cambodia 26-7Kupang Bay, Indonesia 68

Exclusive Economic Zone (EEZ)Cambodia 42, 47-8Indonesia 64, 77, 82Thailand 148, 173United Nations Convention on the Law of the Sea and

131, 132, 148Executive Order (EO) 240 of 1995 (Philippines), and

Fisheries and Aquatic Resources Management Committees10, 105

Executive Order (EO) 292 of 1987 (Administrative Code)(Philippines) 10, 103

explosives in fishingApo Island, Philippines 115, 117Bolinao, Philippines 120, 121Cambodia 43, 52Coron Island, Philippines 109Indonesia 61, 62, 64, 67, 83Kupang Bay, Indonesia 69-70Lease Islands, Indonesia 72Philippines 96, 98

Export Processing Zone, Sihanoukville 23exports

from Cambodia to Thailand 20, 24from Thailand to Japan 149

FFFFFfactories, in coastal zone, Cambodia 24Federation of Fishers of Bolinao, Bolinao, Philippines 122Fiat Law on Fisheries Mangement and Administration

(1987) (Cambodia) 5, 12see also Fisheries Law (Cambodia)

Filapinas Shell Corporation, oil spills 127financial resources 4

Apo Island, Philippines 118Batangas Bay Region, Philippines 129Cambodia 16, 53and enforcement of laws and regulations 7-8

First Five Year Socioeconomic Development Plan (1996-2000) (Cambodia), and development and management ofcoastal zone 36-7

fish aggregating devices (FAD) see rumponfish cages, Bolinao, Philippines 124fish capture, Segara Anakan, Indonesia 76fish marketing

Cambodia 24Sulamu Village, Kupang Bay, Indonesia 69, 70-1

fish pens, Bolinao, Philippines 124fish processing

Cambodia 25

201

Sulamu Village, Kupang Bay, Indonesia 69fish production

Cambodia 22Indonesia 64-5, 71

fish protection zone, Thailand 158fish traps

Apo Island, Philippines 114Sulamu Village, Kupang Bay, Indonesia 69

‘fish wars’ 8fisheries

capture, Tarutao Marine National Park, Thailand 178deep-sea, Thailand 149, 175, 177depletion of see fishery resources depletionIndonesia 64-5institutional framework, national level, Indonesia 82international joint ventures, Thailand 149legislation, Indonesia 9, 67, 77, 78marginalisation of artisanal 1marine capture, Thailand 148-9, 150segmentation of administration of, Philippines 103-4self-sufficiency, Philippines 99small-scale see small-scale fisherssee also joint-venture fisheries

Fisheries Act of 1934 (Philippines) 102Fisheries and Aquatic Resources, Bureau of (BFAR)

(Philippines) 4-5, 102, 103fisheries management 102, 104see also Agriculture, Department of - Bureau of Fisheries

and Aquatic ResourcesFisheries and Aquatic Resources Management Committees

(FARMCs), Philippines 105, 138, 139Fisheries Co-management Project, ICLARM 2Fisheries Code (1975) (Philippines) 99Fisheries Code, new (1998) (NFC) (Philippines) 5, 10, 98,

99, 104, 105, 138and community-based resource management 138

Fisheries, Department of (DoF) (Cambodia) 12organizational structure of 28responsibilities of 5, 29, 37

Fisheries, Directorate General of (DGoF) (Indonesia) 82see also Pengelolaan Bersama

fisheries domain, Cambodia 5, 12, 23, 42Fisheries Law of 1932 (Philippines) 98Fisheries Law (Cambodia) 5, 9, 12, 28, 39, 42-3, 51, 52

mangroves 27trawling 26weaknesses of 51-2

Fisheries Law (Indonesia) see Act No. 9 of 1985fisheries laws

and aquaculture, Philippines 97Cambodia 5, 42-3, 51-2Thailand 155, 163

fisheries managementinstitutional framework see institutional frameworklegal framework see legal frameworkpolicy framework see policy frameworkpolicy-making and 2Southeast Asia 13

fisheries management zones, Indonesia 65fisheries plan, Cambodia 38fisheries policy, Cambodia 37fisheries resources

allocation of and quotas, Indonesia 66Cambodia 19-20estimates of, Indonesia 66Indonesia 65-6Kupang Bay, Indonesia 68limitations on access, Indonesia 67

local ownership and resource use rights, Thailand 166-7protection of, Indonesia 67resource allocation plans, Indonesia 66Segara Anakan, Indonesia 75

fisheries resources depletion 8Ban Laem Makham, Trang Province, Thailand 170Bolinao, Pangasinan, Philippines 120Cambodia 20, 24, 26Coron Island, Palawan, Philippines 110Indonesia 60, 61Philippines 8, 11, 93, 96, 106Segara Anakan, Indonesia 81Sulamu Village, Kupang Bay, Indonesia 68Thailand 8, 143, 147, 148, 157, 173, 177

Fisheries Resources Management Program, Philippines 103Fisheries Sector Program (FSP), Philippines 101, 103, 105fishers

Bajo, Kupang Bay, Indonesia 68, 70capture, Segara Anakan, Indonesia 76foreign, Indonesia 67inshore, and Phangnga Bay conservation zone, Thailand

148licensing of, Indonesia 67, 69, 82migrating

Indonesia 66see also migrants

Laem Talumpuk, Thailand 160Philippines 93Rote, Kupang Bay, Indonesia 68, 70small-scale see small-scale fisherstypes of, Indonesia 66

fishers’ organizationsIndonesia 67Philippines 138

see also Federation of Fishers of Bolinao; Kaisahan ngmga Samahan para sa Kalikasan

see also fishery associationsfishery associations

Cambodia 26see also fishers’ organizations

Fishery Industry Development Council (Philippines) 99Fishery Industry Development Decree of 1972 (Philippines)

99fishery reserves, Kampot Province, Cambodia 25Fishery Resources Management Program, Philippines 5, 101fishing boats/vessels

Ameth Village, Nusa Laut Island, Indonesia 73Apo Island, Philippines 114Bolinao, Philippines 120Cambodia 20, 42, 52Indonesia 65, 66Philippines 93Segara Anakan, Indonesia 76Sulamu Village, Kupang Bay, Indonesia 69Thailand 148

fishing effort, Koh Kong Province 21fishing and fishing practices 1

Batangas Bay Bay Region, Philippines 126Cambodia 24-5destructive

Indonesia 69-70Philippines 98, 99, 110, 121

illegalApo Island, Philippines 115, 117Cambodia 25Coron Island, Philippines 109-10, 113Indonesia 62, 67

impact of, Cambodia 26, 52

202

income from, Cambodia 24Philippines 92-3seasons

Bolinao, Philippines 125Cambodia 42, 48Coron Island, Philippines 109Indonesia 65Nusa Tenggara Timur, Indonesia 85Philippines 98, 99

see also marine capture fisheriesfishing gear

and navigation of vessels, Cambodia 42prohibited, Cambodia 5, 25, 43, 52Sulamu Village, Kupang Bay, Indonesia 69Thailand 148

fishing weir, Cambodia 20Five-year Development Plan (REPELITA) (Indonesia) 6, 78,

79and integration between national and regional levels 78

floating nets, Segara Anakan, Indonesia 77Foreign Affairs, Department of (Philippines) 102Foreign Affairs and International Cooperation, Ministry of

(Cambodia) 45foreign aid

dependency 12, 13to Cambodia 12, 13, 23

foreign investmentCambodia 18, 23, 37, 38, 39, 42, 47Thailand 177

foreigners see outsiders/foreignersForest Control and Natural Resources Conservation,

Directorate General (Indonesia) 83forest reserves, settlement and, Thailand 158-9forestry

community-based resource management, Philippines 107Indonesia 83legislation, Indonesia 9, 78-9Philippines 93-4

Forestry, Department of (DoF) (Indonesia) 76, 78, 82coral reefs 84fisheries 82mangroves 82, 84role of 83

Forestry Law (Cambodia) 9, 39, 43, 51, 52forestry laws, and mangroves, Philippines 97Forestry Management Law (Cambodia) see Forestry Law

(Cambodia)Forestry, Ministry of (Indonesia) 69Forum Koodinasi Pengelolaan Pemanfaatan Sumberdaya Ikan

(Forum of Coordination for Fisheries Resource Use)(FKPPS)Indonesia 65-6, 66

legal issues 67freshwater

Cambodia 17Thailand 167-8, 168

functional overlapof institutions 3

Philippines 3-4, 4

GGGGGGaris-garis Besar Haluan Negara (GBHN) see General

Guidelines of State PolicyGeneral Guidelines of State Policy (Garis-garis Besar Haluan

Negara) (GBHN) (Indonesia) 6, 9, 60, 77, 78, 80and sustainable use of resources 79

gill nettinganchovies, Songkhla Bay, Thailand 164

Apo Island, Philippines 114, 117crab, Cambodia 20shrimp, Cambodia 20small mesh size, Indonesia 61Sulamu Village, Kupang Bay, Indonesia 69see also monofilament gill netting; nylon gill netting

Global Environment Facility (GEF), Cambodia and 49Global Environmental Facility/United Nations Development

Programme/International Maritime Organization RegionalProgram for the Prevention and Management of MarinePollution in East Asian Seas 126, 136

Global Programme of Action for the Protection of theMarine Environment from Land-based Activities in EastAsian SeasCambodia and 48-9Thailand and 174

Government Decree No. 17 of 1974 (Indonesia), explorationand exploitation of off-shore oil and gas 79

Government Regulation No. 15 of 1984 (Indonesia),fisheries management 67

Government Regulation No. 15 of 1990 (Indonesia),fisheries licensing 67

Government Regulation No. 20 of 1990 (Indonesia), waterpollution control 10

greenhouse gases, Cambodia and 51Guidelines of State Policy (GBHN) see General Guidelines of

State Policy

HHHHHhabitat, coastal and marine, Philippines 102habitat degradation 1

aquatic, Indonesia 60, 61, 83fish

Indonesia 65, 83Philippines 96

hak ulayat laut (traditional marine rights), Ameth Village,Nusa Laut Island, Indonesia 74

hak ulayat (traditional rights), Indonesia 62, 74, 80handicraft industry, Cambodia 43Haribon Foundation, and Bolinao Community-based

Coastal Resources Management Project, Philippines 122health, Lease Islands, Indonesia 73Health, Department of (DoH) (Philippines) 102holistic approach to coastal resources management 97, 103,

107, 131, 135Home Affairs, Department of (Indonesia) 62

mangroves 82, 84role of 84

hook and lineApo Island, Philippines 114, 117Sulamu Village, Kupang Bay, Indonesia 69

hukum adat (traditional laws), Indonesia 62hulbot-hulbot (Danish seine), Coron Island, Philippines 110,

113human demand, Thailand 146-7human resources 4

constraints of on sustainable resource use in coastal zone,Cambodia 52

development of, Cambodia 54and enforcement of laws and regulations 7-8

hunting, Cambodia 43, 46

IIIIIillegal fishing see fishing and fishing practices, illegalIlocanos, in Bolinao, Philippines 120income, from fishing, Cambodia 24indigenous knowledge, Thailand 149, 166, 171Indigenous Peoples’ Rights Act (IPRA) (Philippines) 113,

203

138indigenous resources management see traditional resources

managementindigenous rights

Tagbanua people, Philippines 107see also communal ownership rights

Indonesia-Malaysia-Thailand Growth Triangle (IMT-GT)Development Project 176Tarutao Marine National Park 178, 180

industrial laws, Cambodia 43industrial sector policy, Cambodia 37industrial strategy and planning, Cambodia 38-9industrial waste/effluent 134

Cambodia 49Indonesia 62, 72Philippines 96, 126, 127, 129Thailand 150, 168

Industrial Zone, Sihanoukville 23Industrial Zone Act, draft (Cambodia) 43industrialization, and environmental protection, Thailand

159industry

Batangas Bay Region, Philippines 126, 127, 128Cambodia 18, 23, 24Philippines 95, 96, 103see also industrial waste/effluent

Industry, Mines and Energy, Ministry of (MIME) (Cambodia)objectives of 38-9organizational structure of 29responsibilities of 29-30

information systems, integrated fisheries management 60inland fisheries domain, Cambodia 42Institute of Fisheries Management and Coastal Community

Development (IFM) 2institutional arrangements see institutional frameworkinstitutional confusion 3, 13

Cambodia 5, 12, 16and conflict 8Indonesia 11over land management, Segara Anakan, Indonesia 76Philippines 5, 103, 106, 138-9Thailand 157, 164see also institutions, lack of clear mandates

institutional coordination 13Indonesia 6, 78, 79, 82, 83, 84Philippines 101, 102, 103, 106, 118, 129

institutional framework 2, 4, 14, 88, 90administrative segmentation, Philippines 103-4Agenda 21 and 131aid dependency and 12at national level, Indonesia 82-5at regional level, Indonesia 85at village level, Indonesia 85-6Cambodia 16, 28-38, 57-8colonialism and 11-12cyclical relationships, Thailand 180, 181decentralization, Thailand 144devolution to local governments, Philippines 104historical development, Thailand 155-6Indonesia 3, 63, 82-6, 86institutional integration, Philippines 104-5, 106interrelationship matrix between roles and

responsibilities, Thailand 161-2Philippines 101-6public participation, Philippines 105-6, 116, 119, 123-4,

125, 137sectoralization of, Philippines 91, 106Thailand 3, 143, 157-60

and traditions 12see also overlapping jurisdictions; overlapping mandates

institutional integration, Philippines 104-5institutions

and coastal resources management, Indonesia 3definition 2design of 4design problems

defined 3see also institutional confusion; overlappingjurisdictions

formal 2functional overlap 3

Philippines 3-4, 4informal 2lack of clear mandates, Indonesia 61and marine resource management, Indonesia 3overlapping juristictions, Indonesia 3and resource management 1, 2and resource sectors 3-4unclear mandates of 3

Philippines 5see also institutional confusion; institutional coordination

integrated action plan, opportunities, Kampung Laut,Segara Anakan, Indonesia 77

Integrated Coastal Management (ICM)Batangas Bay, Philippines 128-9Bolinao, Philippines 123and co-management of shrimp aquaculture, Thailand

153and community-based management 129, 139-40

integrated coastal and marine resources managementIndonesia 89Philippines 103

integrated coastal resource managementAgenda 21 and 131Thailand 177

Integrated Coastal Zone Management (ICZM)and co-management, Thailand 151Philippines 91programs 135

integrated coral reef management, Indonesia 84integrated development 90integrated fisheries management 60, 86-9

Indonesia 61, 63, 80Thailand 177

integrated fisheries management matrix, Indonesia 86, 88integrated policy, and sustainable development, Indonesia

89Inter-Agency Task Force on Coastal Environment Protection

(IATFCEP), Philippines 102, 105intergrated coastal area management (ICAM), Ban Kwian

Huk, Thailand 152Interior and Local Government, Department of - Philippine

National Police (DILG-PNP) 102, 105Interior, Ministry of (Cambodia) 31International Convention on the Prevention of Marine

Pollution from Ships (MARPOL) 136Cambodia and 49-50Philippines and 133

international conventions on fisheries, biodiversity andpollution, Thailand and 174

International Development Research Center (IDRC) 3and and Coastal Coordinating Unit (Cambodia) 36and community-based coastal resources management,

Bolinao, Philippines 121seaweed research, Lingayen Gulf, Philippines 121

international environment law 130

204

international involvementTarutao Marine National Park (TMNP), Thailand 146Thailand 144, 173-80tiger prawn industry, Thailand 148and trade restictions on Thai exports 177see also regional cooperation

international joint-venture fisheries, Thailand 149international law, Cambodia and 40-1, 47-8International Maritime Organizaion (IMO)

and Coastal Coordinating Unit (Cambodia) 36conventions on use and protection of the marine

environment 133, 135international organizations (IOs)

and Coastal Coordinating Unit (Cambodia) 36and National Coastal Steering Committee (Cambodia)

33, 34international trade restrictions, on Thai resource

development 177interviews, Thailand 146Inventory and Management of Cambodian Wetlands

Programme 12investment 4

in Cambodia, see also Law on Investment (Cambodia)outside, Segara Anakan, Indonesia 76, 77see also foreign direct investment

Islam, Ban Laem Makham, Thailand 170

JJJJJJoint Development Areas (JDA) 176

and Tarutao Marine National Park, Thailand 180Thailand-Cambodia 176Thailand-Malaysia 176

joint-venture fisheriesIndonesia-Malaysia-Thailand Growth Triangle 176international, Thailand 149Thailand 149, 173, 174, 174-5Thailand and Bangladesh 175Thailand and Malaysia 175Thailand and Myanmar 174-5

juragan (manager of group of fishers), and fish marketing,Sulamu Village, Kupang Bay, Indonesia 70

jurisdictional zones, United Nations Convention on the Lawof the Sea on 131

KKKKKkaingin (swidden farming), Coron Island, Philippines 108,

109, 110Kaisahan ng mga Samahan para sa Kalikasan (KAISAKA),

Bolinao fishers’ organization, Philippines 122, 123, 124kantor perwakilan (district working units) (Indonesia) 6, 85kantor wilayah (KANWIL) (provincial working

units)(Indonesia) 6, 85KANWIL see kantor wilayahkewang (representing traditional institution), Indonesia 73,

74, 81, 82, 85Khmer Distillery Company 23Khmer Rouge regime 20, 23, 41Kirirom national park, Cambodia 25Kuala Lumpur Declaration on Environment and

Development 135Kwian Huk Sub-district Administration Organization, and

wastewater co-management, Thailand 151

LLLLLLabor Law (Cambodia) 42lampara, Sulamu Village, Kupang Bay, Indonesia 69Land Code (Thailand) 9, 158, 163land expansion

and coastal resourcesCambodia 53Indonesia 62see also sedimentation

Land Law (Cambodia) 41, 52Land Law Code (Thailand), and use of coastal lands 167land ownership

Apo Island, Philippines 117Cambodia 41communal, Philippines 106, 109, 110, 111, 137Indonesia 76-7, 81Kampung Laut, Segara Anakan, Indonesia 76-7Laem Talumpuk, Thailand 160Philippines 110state, Indonesia 76, 77, 80Sulamu Village, Kupang Bay, Indonesia 69Thailand 158-9

land rightsLaem Talumpuk, Thailand 163Thailand 158

Langkawi Development Authority (LADA) (Malaysia)and Tarutao Marine National Park 178and tourism in Thailand 176

law enforcementCambodia 22, 23, 38, 51constraints on sustainable resource use in coastal zone,

Cambodia 52strengthening of, Cambodia 54-5, 58

Law on Environmental Protection and Natural ResourcesManagement (Cambodia) 9, 31, 35, 38, 39, 46, 46-7, 52

Law on Financing and Property Regime in Provinces andMunicipalities (Cambodia) 10, 33, 53

Law on Fisheries Management and Administration(Cambodia) see Fisheries Law (Cambodia)

Law on Investment (Cambodia) 9, 41-2Law on Land Management, Urbanization and Construction

(Cambodia) 9, 41, 52Law on Mineral Exploitation and Mining (Cambodia) 43Law on Waters (1866) (Spain), and Philippines 98legal constraints

Cambodia 51-2Indonesia 61

legal framework 2, 9-10, 79, 86, 87, 88, 90aid dependency and 12Apo Island, Philippines 116-17, 129Batangas Bay, Philippines 127-8Cambodia 5, 5-6, 16, 22, 39-47, 54, 58-9

historical profile of 41coastal lands, Thailand 167colonialism and 11-12and customary law, Philippines 112, 112-13decentralization, Philippines 97-8fisheries and aquaculture, Thailand 3, 167historical development, Thailand 155-6Indonesia 60, 61, 61-2, 63, 77-82and integrated management, Philippines 97-8and macroeconomic growth, Thailand 147overlaps and conflicts within, Cambodia 54Philippines 97-106

historical perspective 97-9protection of fisheries resources, Indonesia 67Thailand 3, 6-7, 143-4, 167, 168and traditional laws

Indonesia 74, 82, 85-6, 89see also adat laws

and traditions 12see also adat laws; customary law; overlapping jurisdictions

licensing

205

of fishersIndonesia 67, 69, 82Philippines 98, 99, 124, 125

tourist boats, Cambodia 44linear synergic relationship, fisheries management activities

86, 88Lingayen Gulf Coastal Area Management Committee

(LGCAMC), Philippines 124Lingayen Gulf Coastal Area Management Plan (LGCAMP),

Philippines 122lintig, Coron Island, Philippines 113local administration laws, Thailand 163local communities 137

competition with outsiders, Ban Laem Makham, Thailand169-70

empowerment of 86, 90Philippines 97, 116, 139

participation in resource managementBan Laem makham, Thailand 170Philippines 105-6, 116, 119, 123-4, 125, 137Thailand 169

and preservation of coastal resources, Cambodia 27-8and regional governments, Indonesia 62and resource management 2

Thailand 143and use and management of resources

Ameth Village, Nusa Laut Island, Indonesia 73-4, 85-6Cambodia 23-6, 55Indonesia 11, 60, 61, 63Kupang Bay, Indonesia 70Laem Talumpuk, Thailand 164-6Segara Anakan, Indonesia 76-7, 77Thailand 166-73

village committee, Thailand 169village council, Thailand 169see also community-based resource management;

decentralization; devolution of authority over resources;outsiders/foreigners

local fishery agency (LFA), Indonesia 66local government

and environmental protection, Philippines 99management of forestry resources, Indonesia 79and marine and coastal resources

Philippines 98, 101, 104see also devolution of authority over resources

role ofIndonesia 60Philippines 99, 101

Local Government Code of 1991 (LGC) (Philippines) 10, 98,99, 101, 104, 127and Department of Agriculture 104

local government unit (LGU) see local governmentlocal ownership and resource use rights regimes

coastal lands, Thailand 167coastal minerals, Thailand 168coastal tourism, Thailand 168cultural heritage, Thailand 168-9fishery resources and aquaculture, Thailand 166-7mangrove forests, Thailand 167Thailand 166-9water resources, Thailand 167-8

logging, Cambodia 23, 27, 43, 46, 52logical framework approach (LFA), to fisheries and coastal

resources 145, 178long line fishing

Cambodia 20Sulamu Village, Kupang Bay, Indonesia 69

MMMMMMadura people, Kupang Bay, Indonesia 82Makasar people, Kupang Bay, Indonesia 81, 82management framework

community-based, Philippines 91Philippines 91-2see also co-management; community based management;

integrated coastal zone managementManagement Plan of Ream National Park (draft), Cambodia

26management system constraints on sustainable resource use

in coastal zone, Cambodia 52-3mariculture

Indonesia 61, 84and mangroves, Indonesia 64, 84Philippines 92Segara Anakan, Indonesia 76

Marine Affairs, Cabinet Committee on (Philippines), andUnited Nations Convention on the Law of the Sea 102

marine capture fisheries, Thailand 148-9, 150Marine Conservation and Development Program (MCDP)

Bolinao, Philippines 122, 123Silliman University 115

Marine Covservation and Development Program, SillimanUniversity, Philippines 116

marine environment, Agenda 21 and 131marine environmental protection, Cambodia 47-8, 49-50Marine Exploitation and Fisheries, Ministry of (Indonesia),

responsibilities of 6marine fish processing, Cambodia 25marine fisheries

Laem Talumpuk, Thailand 160production, Cambodia 20Thailand 146

marine fisheries domain, Cambodia 42marine fisheries management

community-based approach, Indonesia 86, 87legal framework, Indonesia 87market-based approach, Indonesia 86, 87resource-based approach, Indonesia 86, 87

marine fishers, Indonesia 65marine flora and fauna, conservation of, Cambodia 50marine national parks, Thailand 151marine pollution 134, 135

Cambodia 47, 48-9, 49, 49-50Convention of Biological Diversity and 133Indonesia 60Philippines 96, 100, 101, 126see also pollution

Marine Pollution Decree (Philippines) 9, 101marine products, Cambodia 24marine reserves, Apo Island, Philippines 115-16marine resources

characteristics of, Indonesia 64-5value of, Cambodia 25-6see also coastal and marine resources

marine resources managementassessment of, Indonesia 86-9institutions and, Indonesia 3see also coastal and marine resources management

marine transportation, Indonesia 65marine-based tourism, Indonesia 79Maritime Industry Authority of the Philippines (MARINA)

95, 127market-based management of marine resources 86, 87, 88market-based strategies of resource management,

Philippines 106, 137, 139marketing of fisheries products (MP)

206

integrated fisheries management 60, 86, 88, 90see also fish marketing

MARPOL see International Convention on the Prevention ofMarine Pollution from Ships

matakan, Indonesia 73, 74mechanized push gear, Cambodia 5medicinal plants, Cambodia 25medicinal use of marine species, Philippines 93Mekong River Commission (MRC) 12merchant ships, registration of, Cambodia 44-5Merchant Ships, Declaration with Respect to the Act of

Registration of, draft (Cambodia) 44-5methodology

of Indonesia study 63-4of Philippines study 92of Thailand study 144-6

migrantsto Ameth Village, Nusa Laut Island, Indonesia 72, 73to Lease Islands, Indonesia 81to Segara Anakan, Indonesia 76, 77, 80to Sulamu Village, Kupang Bay, Indonesia 68

mine waste, Philippines 94, 96Mines Department, Ministry of Industry, Mines and Energy

(Cambodia) 30mining

Cambodia 43coral reefs

Indonesia 61, 62, 64, 79Kupang Bay, Indonesia 69

Indonesia 79, 84local ownership and resource use rights, Thailand 168and mangrove deforestation, Thailand 150Philippines 94, 96seabed

local ownership and resource use rights, Thailand 168Thailand 150

Mining and Energy, Department of (Indonesia) 82coral reefs 84fisheries 82role of 84

Mining Law (Cambodia) see Law on Mineral Exploitationand Mining (Cambodia)

Moluccans, Christian, and sasi gereja 81monitoring, control and surveillance system (MCS) 8, 60, 86,

88-9, 90monitoring fishers, Indonesia 66monofilament gill netting

Cambodia 20Sulamu Village, Kupang Bay, Indonesia 69

motorized push netting, Cambodia 25mud irrigation, in Cambodia 17multi-sector committee, and Bolinao coastal development

plan, Philippines 124multi-sector consultation, on Bolinao Municipal Coastal

Development Plan 123-4multisectoral agencies, and institutional integration 104-5municipal authorities, Cambodia, responsibilities of 32, 33Municipal Development Council (MDC), and Bolinao

coastal development plan, Philippines 124, 125municipal government

and Apo Island, Philippines 118-19and community-based coastal resources management

project, Bolinao, Philippines 121and fisheries

Batangas Bay Region, Philippines 127Bolinao, Philippines 124-5

and municipal coastal development plan, Bolinao,Philippines 123, 124

municipal reserves, Apo Island, Philippines 115, 117muro-ami

Apo Island, Philippines 115, 117Coron Island, Philippines 110Philippines 96

Muslimsin Cambodia 27and fishing practices, Indonesia 70and sasi lelang, Indonesia 81, 81-2

musyawarah desa (village community forum), Lease Islands,Indonesia 81

NNNNNNational Coastal Steering Committee (Cambodia)

and Coastal Coordinating Unit 34, 36responsibilities and membership of 33-6

National Committee for Land Managment, Urbanizationand Construction (Cambodia), responsibilities of 33

National Defense, Department of - Philippine Coast Guard(DND-PCG) 102, 127

National Defense, Department of - Philippine Navy (DND-PN) (Philippines) 105

National Economic Development Authority (NEDA),Philippines 101, 124

National Economic and Social Development Plans, Thailand159-60

National Environmental Protection Council (NEPC),Indonesia, role of 100

National Environmental Action Plan (NEAP), Cambodia 20,38, 39

National Integrated Protected Areas System (NIPAS),Philippines 11, 94, 102, 115, 117, 118

national marine park zoning, Indonesia 79national parks, Indonesia 83National Pollution Control Commission (NPCC)

(Philippines) 100, 101National Pollution Control Decree (1976) (Philippines) 9,

101National Program to Rehabilitate and Develop Cambodia,

and coastal zone development and management 36, 38National Protected Areas System, Cambodia 30National and Regional Environmental Action Plans,

development of, Cambodia 30National Water Resources Council (NWRC), Philippines 102National Wetland Action Plan, Cambodia 39natural resources allocation see resource allocationnatural resources assessment see stock assessmentNatural Resources, Department of (DNR) (Philippines) 102Natural Resources, Ministry of (Philippines) 102natural resources utilization and protection see resource

utilization and protectionNature Conservation and Protection, Department of

(Cambodia) 26Navy

Indonesia, and fisheries 82Philippines, coastal and marine resources 105

netsprohibited types, Indonesia 67see also gill netting; monofilament gill netting; nylon gill

nettingnon-government organizations (NGOs)

aid to Salamu Village, Kupang Bay, Indonesia 71Apo Island, Philippines 118Cambodia 28and co-management, Thailand 171and Coastal Coordinating Unit (Cambodia) 36and development 12, 13and local initiatives, Ban Laem Makham, Thailand 170

207

and Ministry of Environment (Cambodia) 31and National Coastal Steering Committee (Cambodia)

33, 34norway, Coron Island, Philippines 113Nyai Loro Kidul (Queen of the Indian Ocean), Indonesia 77,

80nylon gill netting, Cambodia 20

OOOOOoil spills 134

Cambodia 47Philippines 96, 101, 126, 127, 129

opportunities see strategies, recommendations, opportunitiesorganizational constraints on sustainable resource use in

coastal zone, Cambodia 52organizations, definition 2outsiders/foreigners

Ameth Village, Indonesia 74Apo Island, Philippines 115, 117, 118Ban Laem Makham, Thailand 170Cambodia 6, 20, 24, 42, 47Coron Island, Philippines 108Haruku, Indonesia 85Indonesia 67, 79Kupang Bay, Indonesia 82Philippines 99, 132, 134, 136Segara Anakan, Indonesia 76-7, 77, 81Sulamu Village, Kupang Bay, Indonesia 70Thailand 166-7, 167, 168, 169

overexploitation of coastal and marine resourcesCambodia 47-8, 49Indonesia 61, 79, 80shrimp, Indonesia 65Tarutao Marine National Park, Thailand 178Thailand 143United Nations Convention of the Law of the Sea and

132overfishing 1

Cambodia 5, 49, 50, 52Indonesia 65Philippines 96, 126

overlapping jurisdictions 3, 13Indonesia 3, 6, 60, 61, 61-2, 63, 78, 84, 85, 88Philippines 97, 103, 104, 118-19pollution control, Philippines 101, 127, 128Segara Anakan, Indonesia 76-7, 77, 81

overlapping mandates 13Thailand 6-7

Overloaded Ferries, Riverboats and Sea-going Vessels,Declaration No. 018 on (Cambodia) 45

ownership see communal ownership rights; land ownership

PPPPPPalawan Council for Sustainable Development (PCSD),

Philippines 113panas pela ceremony, Ameth Village, Nusa Laut Island,

Indonesia 74pancing buang, Sulamu Village, Kupang Bay, Indonesia 69panyaan (sacred areas at sea), Tagbanua people, Philippines

108, 109papalele (middleman), and fish marketing, Sulamu Village,

Kupang Bay, Indonesia 71participation

of local communities in resource management,Philippines 105-6, 116, 119, 123-4, 125, 137

see also community participation; consultationparticipatory management, Thailand 144patron-client relationship

Sulamu Village, Kupang bay, Indonesia 70Thailand 145, 165

pawang (mediator), and management of resources,Indonesia 80, 80-1

pela, Ameth Village, Nusa Laut Island, Indonesia 74Pengelolaan Bersama (Collective Management System)

Indonesia 65-6see also Forum Koodinasi Pengelolaan Pemanfaatan

Sumberdaya Ikanpeople-resource interaction, Thailand 166people’s organizations (POs)

Apo Island, Philippines 118Bolinao, Philippines 119, 122, 123, 124, 125

Perusahaan Inti Rakyat (PIR) (Core Community BusinessDevelopment), Indonesia 66, 67

Philippine Agenda 21 (PA 21) 131and community-based resource management 138

Philippine Coast Guard (PCG), pollution control 101, 102,127, 128

Philippine Ports Authority (PPA) 102Philippine-Japan Treaty of Amity, Commerce and

Navigation (1960) 98Philippines Fisheries Commission (PFC), role of 99Philippines-Malaysia project, Turtle Islands, Philippines 137Phuket Fisheries Association, deep-sea fisheries, Thailand

149Phuket Fishery Association, and Phangnga Bay conservation

zone, Thailand 148planning, organizing, actuating and controlling activities

(POAC), and fisheries management 86, 88-9poison fishing

Apo Island, Philippines 117Bolinao, Philippines 120, 121Coron Island, Philippines 110Indonesia 61, 62, 64, 67Kupang Bay, Indonesia 69Philippines 96, 98

policies and plans at local level, Thailand 180, 182policy constraints on sustainable resource use in coastal

zone, Cambodia 51policy framework

Batangas Bay, Philippines 127-8Cambodia 16, 36-8, 59cyclical relationships, Thailand 180, 181historical development, Thailand 155-6historical evolution, Thailand 144historical perspective, Philippines 97-9Indonesia 6, 60, 63, 89international impact, Thailand 144local level, Thailand 180, 182Philippines 97-106

policy-making and general management 101Thailand 3, 157-60

political economy system, Thailand 145pollution

agriculture and, Cambodia 49, 53Cambodia 31, 46, 49, 50, 54, 58control 8

Batangas Bay Region Environmental ProtectionCouncil, Philippines 128

Cambodia 31, 46Department of Communication, Indonesia 83, 85Department of Environment and Natural Resources,Philippines 100-1, 102, 103, 127, 128

Environmental Management Bureau, Philippines 100,101, 127

Indonesia 6, 10, 79, 83international and regional 47, 50, 132, 133, 134, 135

208

Philippine Coast Guard 101, 102, 127, 128Philippines 9, 98, 100-1, 101, 102, 127, 128Thailand 151, 153-4, 155, 168

from shippingCambodia 47, 49Indonesia 61, 65, 83see also International Convention on the Prevention ofMarine Pollution from Ships

from shrimp cultivation, Cambodia 20, 22, 25, 28, 49Indonesia 61inland 1land-based 132, 134

Cambodia 48, 49, 50Indonesia 61, 64, 69, 75, 79, 83Thailand 151, 168

marine-based 1Philippines 96Thailand 143, 167, 168tiger prawn industry, Thailand 148urbanization and, Philippines 92see also industrial waste/effluent; marine pollution; mine

waste; oil spills; tailings; waste disposalPollution Adjudication Board (Philippines) 101population

Apo Island, Philippines 115Bolinao, Philippines 120Cambodia 18-19coastal 1Coron Island, Palawan, Philippines 107East Asia 134and environmental degradation, Bolinao, Philippines 120Indonesia 61, 65Kampung Laut, Segara Anakan, Indonesia 75, 76Lease Islands, Indonesia 72Philippines 95, 96Semau Island, Indonesia 68Thailand 143, 147, 166

population policy, Thailand 159ports development, Philippines 94-5poverty

Bolinao, Philippines 120and ecosystem degradation, Philippines 96and environmental degradation 1and environmental sustainability 8and resource degradation 1

Indonesia 62Presidental Decree (PD) 704 of 1975 (Fisheries Code)

(Philippines) 99Presidental Decree (PD) 884 of 1976 (National Pollution

Control Decree) (Philippines) 9, 101Presidental Decree (PD) 978 (Marine Pollution Decree)

(Philippines) 9, 101Presidential Commission on Anti-Illegal Fishing and Marine

Conservation (PCAIFMC), Philippines 102, 105Presidential Decree (PD) 600 (Philippines), pollution control

101Presidential Decree (PD) 1586 (Philippines), environmental

impact statements 100Presidential Proclamation 2146 (1981) (Philippines), and

environmentally critical projects 100process of production (PP), integrated fisheries management

86processing see fish processingproduction processes, integrated fisheries management 60,

86, 88, 90Protected Area Management Board (PAMB), Apo Island

protected landscape and seascape, Philippines 115, 117,118

protected areasCambodia 30, 39, 46commercial trawling in, Thailand 148, 160, 164Indonesia 78, 79, 84Philippines 94, 102, 137

see also Protected Landscape and SeascapeThailand 149see also conservation zones; fish protection zone

Protected Areas and Wildlife Division (PAWD), Departmentof Environment and Natural Resources (Philippines) 118

Protected Landscape and Seascape, Apo Island, Philippines115, 117

protected zones see protected areasProvince and Municipality, Ministry of (Cambodia),

organizational structure of 35Provincial Agriculture Office (PAO), Philippines 119provincial authorities, Cambodia, responsibilities of 31-3Provincial Environment and Natural Resources Office

(PENRO), Philippines 119Provincial Government - Environment and Natural

Resources Office (PG-ENRO), Batangas Bay Region,Philippines 105, 128

provincial governmentsenvironmental education, Batangas, Philippines 127Indonesia 82Philippines, and Apo Island 119see also regional governments

Public Works and Transport, Ministry of (MPWT)(Cambodia)and Common Circular on Overloaded Trucks, Especially

Logging Trucks 44organizational structure of 31, 43responsibilities of 30, 37-8, 44

pukat anyo, Kupang Bay, Indonesia 69pukat senar, Kupang Bay, Indonesia 70punggawa (local businessmen), and fish marketing, Sulamu

Village, Kupang Bay, Indonesia 70-1purse seine fishing

Cambodia 20Songkhla Bay, Thailand 164

push nettingBan Laem Makham, Thailand 169Laem Talumpuk, Thailand 160

RRRRRRama IX, King, laws, policies and institutions, Thailand 156Rama V, King, laws, policies and institutions, Thailand 155-

6, 156Rama VII, King, laws, policies and institutions, Thailand

156Ramkhamhaeng, King, laws, policies and institutions,

Thailand 155Ramsar Convention see Convention on WetlandsRattanakosin period, laws, policies and institutions,

Thailand 155, 156recommendations see strategies, recommendations,

opportunitiesred tides, Manila Bay, Philippines 96regional agreements on coastal and marine environmental

management 134-7regional autonomy, Indonesia 6regional cooperation 173, 174

and Tarutao Marine National Park 178see also ASEAN Agreement on the Conservation of Nature

and Natural Resources; ASEAN Environment Program;Association of Southeast Asian Nations; Indonesia-Malaysia-Thailand Growth Triangle (IMT-GT)Development Project; joint-venture fisheries; Thailand-

209

Cambodia Joint Developement AreaRegional Development Council (RDC), Batangas Bay

Region, Philippines 128regional governments

and local communities, Indonesia 62role of, Indonesia 60, 61, 79, 80

Regional Sea Programs 134regulations, centralization of, Indonesia 6religion

Cambodia 19, 26-7Indonesia 63Kupang Bay, Indonesia 68, 70, 82Lease Islands, Indonesia 81

REPELITA (Rencana Pembangunan Lima Tahun) see Five-yearDevelopment Plan

Republic Act 7611 of 1992 (Strategic Environment Plan forPalawan Act) (Philippines) 112-13

Republic Act (RA) 7160 of 1991 (Local Government Code)(Philippines) 10, 98, 99, 101, 104

Republic Act (RA) 8435 of 1997 (Agriculture and FisheriesManagement Act) (Philippines) 5, 10, 98

Republic Act (RA) 8550 of 1998 (new Fisheries Code)(Philippines) 10, 98

researchon community-based coastal resource management,

Bolinao, Philippines 121-2on Lingayen Gulf, Philippines 121, 122Philippines 102, 103Thailand 172

with Myanmar 175Research Institute of Marine Fisheries (RIMF) 64reserves see fishery reserves; marine reserves; municipal

reserves; sanctuariesresource allocation (RA), integrated fisheries management

60, 86, 88, 90resource management constraints

Ameth Village, Nusa Laut Island, Maluku, Indonesia 73-4Kampung Laut, Segara Anakan, Central Java, Indonesia

76-7Sulamu Village, Kupang Bay, Nusa Tenggara Timur,

Indonesia 70-1Resource Management Division, Negros Oriental,

Philippines, and environmental education 116Resource Management Division (RMD), of provincial

government, Philippines 116, 119resource sectors, institutions and 3-4resource use boundaries, Thailand 169resource use maps, Bolinao, Philippines 123resource utilization and protection, integrated fisheries

management 60, 90resource utilization (RU), integrated fisheries management

86resource-based management of marine resources 86, 87, 88resources, colonialism and 11-12responsive synergic relationship, fisheries management

activities 86, 88Rio Declaration on Environment and Development 130

and community-based resource management 137Rote–Bajo agreement on fishery management, Kupang Bay,

Indonesia 70, 82Rotenese people, Kupang Bay, Indonesia 68, 70, 82Royal Decree on the Creation and Designation of Protected

Areas (Cambodia) 9, 30, 39, 46, 51, 52weaknesses of 51

Royal Decree on the Establishment of the Ministry ofTourism (Cambodia) 9, 45

Royal Forestry Department (Thailand)Tarutao Marine National Park 177, 178, 180

tourism 176rumpon (fish aggregating devices)

Ameth Village, Nusa Laut Island, Indonesia 73control of, Indonesia 66-7, 67

Rural Development, Ministry of (Cambodia)organizational structure of 33responsibilities of 30

SSSSSsacred areas, Tagbanua people, Philippines 108-9, 113salinity, in Cambodia 17saltpans, development of, Cambodia 25, 26, 27, 52, 53Samahan ng mga Mangingisda at Mamamayan ng Balingasay

(SAMMABAL), environmental organization, Bolinao,Philippines 122

Samahan ng mga Mangingisda at Mamamayan para sa Kalikasanng Pilar (SAMMAKA), environmental organization,Bolinao, Philippines 122

Samahan ng mga Mangingisda ng Binabalian (SAMMABI),environmental organization, Bolinao, Philippines 122

Samahang Pangkalikasan ng Arnedo (SAPA), environmentalorganization, Bolinao, Philippines 122

sanctuariesApo Island, Philippines 116, 117fish, Apo Island, Philippines 114, 115, 117Philippines 94, 99

sand miningCambodia 17Indonesia 62Laem Talumpuk, Thailand 163, 164Thailand 150and tourism, Thailand 150

Sangguniang Bayan (SB), and Bolinao Coastal DevelopmentPlan, Philippines 124

Sangguniang Panlalawigan (SP)and Batangas Bay Region Environmental Protection

Council 127and Bolinao coastal development plan, Philippines 124

sasi (traditional natural resources management system)Indonesia 11, 62, 88Ameth Village, Nusa Laut Island, Indonesia 73-4and coastal resources 73, 74, 81, 85Haruku Island, Indonesia 62, 81, 85Nusa Laut Island, Indonesia 62, 81and resource use, Indonesia 81

sasi adat, and land-based activities, Lease Islands, Indonesia81

sasi dalam negeri (village), Haruku Island, Indonesia 81sasi gereja (church), Lease Islands, Indonesia 81sasi hutan (forest), Haruku Island, Indonesia 81sasi kali (river), Haruku Island, Indonesia 81sasi laut (marine)

Haruku Island, Indonesia 81Nusa Laut Island, Indonesia 81

sasi lelang (auction), Lease Islands, Indonesia 81, 81-2sawi (fishers), and marketing of fisheries, Sulamu Village,

Kupang Bay, Indonesia 70science and technology, colonialism and 11, 12Science and Technology, Department of - Philippine Council

for Aquatic and marine resources Development (DoST-PCAMRD) (Philippines) 102

scientific research, Philippines 102scuba diving, Apo Island, Philippines 117sectoral integration and coordination, Philippines 91, 139sedimentation

Indonesia 64, 78Laem Talumpuk, Thailand 160Philippines 96

210

Segara Anakan, Indonesia 75, 76, 77, 81Segara Anakan Rehabilitation Mega-Project, Indonesia 75service sector, in Cambodia 18settlement

coastal zone, Thailand 158-9, 167and mangroves, Laem Talumpuk, Thailand 160, 163, 164

shellcraft, Bolinao, Philippines 120ship construction, Cambodia 44shipping

Indonesia 65Philippines 94-5, 126, 127, 128, 129United Nations Convention on the Law of the Sea and

132Shrimp Farmers Group, Ban Kwian Huk, Thailand 153, 154Silliman University

and community-based resource management, Apo Island,Philippines 115-16

conservation education programs, Apo Island,Philippines 115

Silliman University - Legal Enforcement and ActionProgram(SU-LEAP), Philippines 116

Silliman University Marine Laboratory (SUML), Philippines116

sludge disposalLaem Talumpuk, Thailand 163, 164shrimp aquaculture, Chantaburi, Thailand 151shrimp farms, Ban Kwian Huk, Thailand 153-4, 155tiger prawn industry, Thailand 148

small-scale fishersBan Laem Makham, Thailand 169-70Batangas Bay, Philippines 126Bolinao, Philippines 120Cambodia 26, 42and commercial fishing

Cambodia 26Indonesia 67, 78Thailand 8, 158, 160, 164, 169-70

Indonesia 6, 62, 66, 67, 78Kupang Bay,Indonesia 68, 71Philippines 92, 93, 96, 138and protected zone, Thailand 8, 148, 158, 160, 164regulations concerning, Indonesia 80, 82Thailand 8, 146, 149, 175, 178

social acceptibility, and environmental compliancecertificates, Philippines 100, 137

Sonneratia (mangrove), Indonesia 64South China Sea Workshop on Conflict Resolution 136-7South East Asian Program on Ocean Law, Policy and

Management (SEAPOL), and and Coastal CoordinatingUnit (Cambodia) 36

Southern Border Province Administrative Center (Sor-Or-Bor-Tor) (Thailand), tourism 176

Southern Seaboard Program, Thailand 176spatial planning, Indonesia 61, 62, 63spearfishing, Apo Island, Philippines 114, 117Specific Development Plans, Thailand 159stake trap, Cambodia 20stock assessment (SA), integrated fisheries management 60,

86, 88, 90Strategic Environment Plan for Palawan Act of 1992

(Philippines) 112-13Strategic Environmental Management Plan (SEMP),

Batangas Bay Region, Philippines 128strategies, recommendations, opportunities

adat law and resource use, Ameth Village, Nusa LautIsland, Indonesia 74

Bolinao Coastal Development Plan, Philippines 125-6co-management and local participation, Ban Laem

Makham, Trang Province, Thailand 171-3co-management and wastewater management, Ban Kwian

Huk, Chantaburi Province, Thailand 153-5coastal resource management, Sulamu Village, Kupang

Bay, Indonesia 71community-based resource management, Philippines 140enforcement of laws and regulations, Laem Talumpuk,

Nakhon Si Thammarat Province, Thailand 164-6integrated action plan, Kampung Laut, Segara Anakan,

Indonesia 77management of Tarutao Marine National Park, Thailand

178, 180sustainable resource use in coastal zone, Cambodia 53-5,

58, 58-9, 59, 67Sub-Decree on Environmental Impact Assessment

(Cambodia) 46-7Sub-Decree on Industrial and Handicraft Management and

Monitoring (Cambodia) 43Sub-Decree on the Organization and Functioning of the

Ministry of Environment (Cambodia) 10, 46Sub-Decree on the Organization and Functioning of the

Ministry of Tourism (Cambodia) 10, 45-6Sub-Decree on Private Transport Services (Cambodia) 9, 43Sub-Decree on River Navigation (Cambodia) 9, 44Sub-Decree on Water Pollution Control (Cambodia) 46Sub-district Administration Organization

Thailand 160, 163, 165, 169see also Kwian Huk Sub-district Administration

OrganizationSukhotai period, laws, policies and institutions, Thailand

155, 156supply-side fisheries and coastal resources (SSFCR) 148-51

coastal minerals, Thailand 150deep-sea fisheries, Thailand 149mangroves, Thailand 149-50marine capture fisheries, Thailand 148-9tourism, Thailand 150-1

supply-side resources (SSR)defined 144natural function 153

sustainable developmentAgenda 21 and 130-1East Asia 134-5and integrated policy, Indonesia 89

Sustainable Development of Small Island States Conference(1993) 131

sustainable resource useconstraints on, Cambodia 51-3legislation, Indonesia 79

swidden farming, Coron Island, Palawan, Philippines 108,109, 110, 112

TTTTTTagbanua Foundation of Coron Island (TFCI) 107, 109, 111,

112, 113Tagbanua people

Coron Island, Palawan, Philippines 107ancestral domain 107, 108, 109, 111, 112, 113indigenous resources management 107, 107-12

tailings, Philippines 94Technical Department, MIME (Cambodia) 30Thai-Burma Fisheries Co. Ltd 174Thai-Myanmar joint fishing ventures 174-5Thailand-Cambodia Joint Developement Area, oil and gas

exploration 176Thailand-Malaysia Joint Development Area, oil and gas

exploration 176Timor people, Kupang Bay, Indonesia 68

211

Tomnop Rolork, in Sihanoukville Province, Cambodia 17tonda-tonda, Sulamu Village, Kupang Bay, Indonesia 69total allowable catch (TAC) 132tourism

Apo Island, Philippines 117Bolinao, Philippines 120Cambodia 25climate and

Laem Talumpuk, Thailand 160Thailand 150

and coastal resources, Cambodia 53Coron Island, Philippines 111, 112and cultural heritage, Thailand 150, 168dive, Apo Island, Philippines 117-18and ecosystem depletion, Thailand 175Indonesia 84Indonesia-Malaysia-Thailand Growth Triangle

Development Project 176international, Thailand 175Ko Samet National Park, Thailand 147Kupang Bay, Indonesia 69local ownership and resource use rights, Thailand 168Philippines 92, 94protected areas, Indonesia 79and sand mining, Thailand 150Tarutao Marine National Park, Thailand 178Thailand 146, 147, 150-1, 175see also eco-tourism

Tourism, Arts, and Culture, Department of (DoT)(Indonesia) 82coral reefs 84-5mangroves 82, 84

Tourism Authority of Thailand (TAT) 176tourism laws

Cambodia 45-6Indonesia 79

Tourism Management Plan (TMP), Calamianes IslandsGroup 111

Tourism, Ministry of (MoT) (Cambodia)establishment, organization and functioning of 45-6responsibilities of 30, 37, 39

tourism policyCambodia 37Indonesia 79

tourism zoning strategy, Cambodia 39Tourist Boats, Declaration on Issuing Business Licenses for

(Cambodia) 44tourist zone, Apo Island, Philippines 117traditional beliefs and values

Ban Laem Makham, Thailand 170Cambodia 27Indonesia 63, 69, 70, 80-1, 85, 90Philippines 137Tagbanua people, Philippines 107, 108, 110, 112, 113Thailand 166, 169

traditional fishingApo Island, Philippines 117Cambodia 20and commercial fishing, Coron Island, Philippines 110,

112Coron Island, Philippines 109, 110Haruku Island, Indonesia 85Lease Islands, Indonesia 72, 73Nusa Tenggara Timur, Indonesia 85Segara Anakan 77

traditional law see adat laws; customary lawtraditional marine rights (hak ulayat laut), Ameth Village,

Nusa Laut Island, Indonesia 74

traditional processing, Cambodia 25traditional resources management

Indonesia 11see also sasi

Tagbanua people, Philippines 107, 107-12, 129Thailand 144, 171

traditional rightsof barangays over resources 97(hak ulayat), and coastal and marine resources

management, Indonesia 62, 74, 80traditional values, and coastal and marine resources

management, Indonesia 60, 74traditions, and institutional and legal framework 12Traffic Separation Scheme (TSS), Straits of Malacca 136Transport, General Directorate of (GDT) (Cambodia) 43, 44transport laws, Cambodia 43-5transportation, Indonesia 83, 85trawling

Cambodia 20, 26, 43in protected zones, Thailand 148, 160, 164shrimp, Cambodia 20Thailand 148, 169

Tropaing Ropov, Kampot Province, Cambodia 27tunnel nets

Indonesia 83Lease Islands, Indonesia 72

UUUUUUnited Nations Conference on Environment and

Development, 1992 (UNCED) 130Cambodia and 50

United Nations Conference on the Human Environment,1972 51

United Nations Convention on the Law of the Sea(UNCLOS) 131-2Cambodia and 47-8, 50and Exclusive Economic Zones 131, 132, 148Indonesia and 9, 77jurisdictional zones 131and land-based pollution 132Philippines and 102, 132and regional cooperation 134rights of states under 132and shipping 132Thailand and 148, 173-4

United Nations Development Programme (UNDP),Cambodia and 49

United Nations Environmental Programme (UNEP)Cambodia and 48, 49and Regional Sea programs 134

United Nations Framework Convention on Climate Change(UNFCCC), Cambodia and 50-1

United Nations Transitional Authority of Cambodia(UNTAC) 26, 41

United States of America (USA), and restriction on importsof Thai prawns 177

University of the Philippines - College of Social Work andCommunity Development, and Bolinao Community-BasedCoastal Resources Management Project 121, 121-2

University of the Philippines - Marine Science Institute (UP-MSI) 102and Bolinao Community-Based Coastal Resources

Management Project 121, 121-2, 123, 125Lingayen Gulf research 121, 122

urban development see urbanizationurbanization

and agricultural land, Philippines 93Batangas Bay Region, Philippines 127

212

Philippines 95, 96and pollution, Philippines 92

VVVVVVehicles and Inland Waterways Transport, Declaration on

the Management of (Cambodia) 43-4Vietnamese

in Kampot 27in Koh Kong and Kampong Som 27

WWWWWwaste disposal 134

Cambodia 39, 46, 49Coron Island, Philippines 113Indonesia 61, 62, 69, 82Metro Manila, Philippines 95Philippines 95, 96, 103, 127, 129Thailand 150see also industrial waste/effluent; sludge disposal

wastewater managementshrimp aquaculture

Ban Kwian Huk, Thailand 146, 151-5mangroves and, Ban Kwian Huk, Thailand 154

tiger prawn industry, Thailand 148water resources

local ownership and resource use rights, Thailand 167-8see also freshwater; pollution

Water Revenue Act (Thailand) 155, 159water use, Philippines 96-7wetlands 133

Cambodia 5, 12, 27, 36, 39, 50degradation of, Philippines 92Segara Anakan, Indonesia 75see also Convention on Wetlands (Ramsar

Convention);Wetlands InternationalWetlands International (WI) 3

and coastal zone managment in Cambodia 36World Conservation Union (IUCN), and coastal zone

management in Cambodia 36World Trade Organization (WTO), and trade restrictions on

Thailand 177

YYYYYYadfon Association, Ban Laem Makham, Thailand 169, 170,

172Yeay Mao, traditional belief, Cambodia 27Yogyakata adat laws, Banyamas Adat and, Indonesia 80