The Philippines: A case study on the tenure rights of small-scale fishers within municipal waters and coastal resources

Maderazo, Mario and Jacinto, Eusebio and Umengan, Dinna (2025) The Philippines: A case study on the tenure rights of small-scale fishers within municipal waters and coastal resources. International Collective in Support of Fishworkers (ICSF), Chennai, India. ISBN 978-93-80802-25-1

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Abstract

Tenure rights in fisheries provide the legal framework for sustainable coastal and marine resource use and management. Recognising tenure rights allows for the allocation of specific coastal resources (fishing areas, for example) to individuals or communities, helping to prevent overfishing and ensuring sustainable resource use. This case study investigates the various tenure instruments available for small-scale fisherfolk, and the benefits derived from their access and control over municipal waters and coastal resources. Covering two sites in the Philippines, it investigates how the rights, responsibilities, and remedies of the municipal fishers are enforced and mediated by the State (through the local government) to provide them the preferential access and control over the eight nautical miles (15-kilometre) of municipal waters, measured from appropriate baselines. The case study provides a contextual analysis of how five key tenure instruments are implemented at the local levels: (i) fisherfolk registration; (ii) municipal waters zoning; (iii) community-based law enforcement; (iv) marine protected areas; and (v) special permits, licenses and grants. It also looks at how these tenure instruments are reinforced by the local government code, which emphasises local autonomy, as well as special laws and policies that are applicable to coastal areas. The case study also highlights the critical responsibilities of the fisherfolk to enjoy the monetary and nonmonetary benefits of these tenure instruments, foremost of which is the registration of both the fisherfolk and their craft/gears. Among the support mechanisms that further strengthen tenure instruments as analysed in this study were local policy bodies such as the Fisheries and Aquatic Resources Management Councils, Fisheries Management Areas, community-based coastal resources management programmes, and civil society projects on the coasts. The key challenges identified to sustaining coastal tenure among small-scale fishers were: the limited technical and financial resources of fishers’ groups at the forefront of operationalising tenure instruments on the ground, and the ageing population of fishers. The case study suggests that the capacity of fishers be built and strengthened in organizational and institutional skills to operationalise tenure instruments. Opportunities to further elevate the discourse on fisheries tenure were analysed. The case study recommends enhancing collaboration between government agencies, NGOs, and other stakeholders in bringing development programmes and projects that strengthen existing tenure instruments at the local level.

Item Type:	Books
Keywords:	Philippines, Small-scale Fisheries, Tenure Rights, Case Study, ICSF, Marine Resource, Coastal Resources, Sustainable Management, Fisherfolk, Fishing Communities, MPA, Social Development, Conservation, Coastal Fisheries
Subjects:	Right to Resources
Depositing User:	Kokila ICSF Krish
Date Deposited:	18 Sep 2025 10:37
Last Modified:	18 Sep 2025 10:37
URI:	http://icsfarchives.net/id/eprint/22476

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