[ ADMINISTRATIVE ORDER NO. 16, March 11, 2024 ]

DIRECTING THE IDENTIFICATION OF FISHERIES MANAGEMENT AREAS AS STRATEGIC AGRICULTURE AND FISHERIES DEVELOPMENT AREAS



WHEREAS, Section 1 of Article XII of the Constitution declares it a policy of the State to promote industrialization and full employment through industries that make full and efficient use of human and natural resources, and which are competitive in both domestic and foreign markets;

WHEREAS, Section 2 of Republic Act (RA) No. 8550 or the "Philippine Fisheries Code of 1998," as amended by RA No. 10654, declares the policies of the State to: (a) protect the preferential right of fisherfolk on the use of municipal waters; and (b) adopt a precautionary principle in the management of fishery and aquatic resources;

WHEREAS, Section 8 of RA No. 8550, as amended, prescribes the establishment of Fisheries Management Areas (FMAs) in the country for fishery resource conservation and management;

WHEREAS, Section 6 of RA No. 8435 or "Agriculture and Fisheries Modernization Act of 1997," as amended by RA No. 9281, requires the identification of Strategic Agriculture and Fisheries Development Zones (SAFDZs) within the network of protected areas for agricultural and agro-industrialization purposes and as centers for development of agriculture and fisheries sectors; 

WHEREAS, Section 149 and 151, Chapter 2, Title I, Book II of RA No. 7160 or the "Local Government Code of 1991," grant municipalities and cities the exclusive authority to grant fishery privileges in municipal waters;

WHEREAS, the establishment of a SAFDZ aims to address the urgency and local fishery products; and (iv) improve the quality of life of fishers and stakeholders; and 

WHEREAS, Section 17, Article VII of the Constitution vests in the President the power of control over all executive departments, bureaus, and offices, as well as the mandate to ensure the faithful execution of laws. 

NOW, THEREFORE, I, FERDINAND R. MARCOS, JR., President of the Republic of the Philippines, by the virtue of the powers vested in me by  laws, do hereby order:

Section 1. Identification of FMAs as Areas for the Establishment of SAFDZs. The Department of Agriculture (DA), in coordination with the Department of Environment and Natural Resources (DENR), Department of the Interior and Local Government (DILG), and Department of Science and Technology (DOST), is hereby directed to identify FMAs where SAFDZs may be established pursuant to RA No. 8425, as amended, subject to relevant provisions of RA No. 7160, existing laws, rules and regulations.

Section 2. Protective Measures. Pursuant to Section 2 of RA No. 8550, as amended, the DA shall implement measures to protect the preferential use of subsistence fisherfolk over municipal waters, and ensure the conservation, protection and sustained management of fishery and aquatic resources within the SAFDZs to be established in identified FMAs. 

Section 3. Convergence. The DA shall coordinate, collaborate and consult with the National Economic and Development Authority (NEDA), Department of Finance, Fiscal Incentives Review Board, Department of Trade and Industry, Board of Investments, Philippine Economic Zone Authority, and the Office of the Special Assistant to the President for Investment and Economic Affairs, towards ensuring that SAFDZs to be established shall be optimized for agro-industrialization and development of agriculture and fisheries sectors through, among others, seamless integration of forward and backward linkages and grant of fiscal incentives to qualified strategic industries and activities in these sectors.

Section 4. Funding. The funds necessary for the implementation of this Order shall be charged against current and available appropriations of the DA and other concerned agencies, subject to pertinent budgeting, accounting, and auditing laws, rules and regulations. Thereafter, the funding requirements for succeeding years shall be included in the annual General Appropriations Act, subject to the usual budget preparation process.

Section 5. Implementing Guidelines. Within thirty (30) days from the effectivity of this Order, the DA, in coordination with DENR, DILG, and DOST, shall formulate and issue guidelines, as may be necessary, for the effective implementation of this Order.

Section 6. Separability. If the provision of this Order is declared invalid or unconstitutional, the other provisions not affected thereby shall remain valid and subsisting.

Section 7. Repeal. All orders, rules and regulations, and other issuances or parts thereof, which are inconsistent with this Order, are hereby revoked, amended, or modified accordingly. 

Section 8. Effectivity. This Order shall take effect immediately following its complete publication in the Official Gazette or in a newspaper of general circulation. 

DONE in the City of Manila, this 1th day of March, in the year of Our Lord, Two Thousand and Twenty-Four.
 

(SGD.) FERDINAND R. MARCOS, JR




By the President:



(SGD.) LUCAS P. BERSAMIN
Executive Secretary