EXECUTIVE ORDER NO. 240 April 28, 1995
CREATING FISHERIES AND AQUATIC RESOURCE MANAGEMENT COUNCILS (FARMCs) IN BARANGAYS, CITIES AND MUNICIPALITIES, THEIR COMPOSITION AND FUNCTIONS
WHEREAS, it is a declared policy of state to ensure that management and control over fisheries and aquatic resources shall be effected by the Government through the active and extensive participation of people directly affected thereby;
WHEREAS, the subsistence fisherfolks have been seeking the enhancement of their empowerment through meaningful participation in the management, development and protection of fisheries and aquatic resources for sustainable productivity;
NOW, THEREFORE, I, FIDEL V. RAMOS, President of the Philippines, by virtue of the powers vested in me by the law do hereby order:
Sec. 1. Creation of FARMCs. To institutionalize the major role of the local fisherfolks and other resource users in the community-based planning and implementation of policies and programs for the management, conservation, development and protection of fisheries and aquatic resources of the municipal waters as defined by the Local Government Code there is hereby created FARMCs in all barangays, municipalities and cities abutting municipal waters. In bays, gulfs, lakes, rivers and dams bounded by two or more barangays or municipalities/cities, Integrated FARMCs shall be created.
Sec. 2. Regular Members. At least 3/4 of the regular members of the Fisheries and Aquatic Resources Management Councils, hereinafter referred to as FARMCs, shall be representatives of the local municipal fisherfolk.
Sec. 3. Functions. The FARMCs shall have among their primary functions the following:
a. Prepare and recommend the fisheries and aquatic resources management policies and plans for integration into the Local Development Plan. Such policies and plans should be based on sound assessment and bio-economic characteristics of the resources.
b. Recommend to the local government units and special agencies referred to in Section 7 guidelines on the development and implementation of projects, and issuance of permits and licenses for the appropriate use of fisheries and aquatic resources, and to ensure that resource use limits and controls are imposed. Such guidelines may include the evaluation of all projects and applications by FARMCs prior to the approval of appropriate offices.
Sec. 4. Technical Assistance. The Department of Agriculture (DA), Department of Environment and Natural Resources (DENR), Department of Interior and Local Government (DILG), Department of Justice (DOJ), Commission on Human Rights (CHR), and other government agencies are instructed to extend technical assistance to FARMCs.
Sec. 5. Law Enforcement. The PNP-Maricom, the Philippine Coast Guard and/or other law enforcement agencies are hereby instructed to take the lead in the enforcement of environmental laws in collaboration and coordination with the FARMCs.
Sec. 6. Deputation of FARMC Members. The members of the FARMCs shall undergo training and be deputized as fish wardens, and environment and natural resources officers. The appropriate government units are hereby instructed to issue deputation papers to the FARMC members and officers.
Sec. 7. Special Agencies. Government agencies or offices having jurisdiction over municipal waters by virtue of special laws such as, but not limited to, the Laguna Lake Development Authority shall integrate the plans formulated by the FARMCs into their agency/corporate policies and plans of operation for implementation.
Sec. 8. Implementation. The Department of Agriculture, jointly with the Department of Interior and Local Government, the special agencies referred to in Section 7, and representatives of fisherfolk organizations are hereby directed to prepare the implementing guidelines and ensure the implementation of this Executive Order.
Sec. 9. Appropriations. There is hereby appropriated at least Five Million Pesos (P5,000,000.00) from the Fisheries Sector Program of the Department of Agriculture (DA) for the implementation of this Executive Order.
Sec. 10. Effectivity. This Executive Order shall take effect immediately. lawphi1.net
Done in the City of Manila, this 28th day of April in the year of Our Lord, Nineteen Hundred and Ninety-Five.
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