COMMUNITY COMPLIANCE OF ILLEGAL FISHING

ORDINANCES AND LIVELIHOOD PROGRAM

A Thesis Proposal
Presented to the
Faculty of the Graduate School
University of Cebu
Cebu City

In Partial Fulfillment
of the Requirements for the Degree
Master of Science in Criminal Justice
with Specialization in Criminology

by

JUSTEOFINO MAUSISA HINLAYAGAN

January 2015
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Chapter 1
THE PROBLEM AND ITS SCOPE
INTRODUCTION
Rationale

Nature is so wonderful that it continued supplying and supporting

humans with all their needs ever since the human existed. But totally rely on

natures pace of production and reproduction is somehow impossible for

nature has its own limitation due to the pressure of population and

technology, the biophysical environment is being degraded, sometimes

permanently. It will lead to chaos and the society will fall. This has been

recognized and government has began placing restraints on activities that

cause environmental degradation. As Robert Redford in his statement during

Yosemite Park Dedication on 1985 says” Environment should be put in a

category of our national security. Defense of our recourses is just as

important as defense abroad. Otherwise what is there to defend?”

Illegal fishing creates significant collateral damage to ecosystems.

Illegal fishing, by its very nature, does not respect national and international

actions designed to reduce by catch and mitigate the incidental mortality of

marine animals such as sharks, turtles, birds and mammals. 

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Southeast Asia, specifically the Indo-Malayan triangle, is the coral

hotspot of the world with the greatest marine biodiversity. These productive

and diverse ecosystems constitute 77 percent of the 800 reef-building coral

species and in total, 34 percent of all corals. There are more coral species on

a single island in Southeast Asia than in the entire Caribbean. (Burke, Selig,

Spalding). This essay will explore the danger that coral reefs face in a

society that feeds the increasing demand for production and allows the ocean

to be used as an economic and environmental resource rather than as a

ecological center for all people. The misuse of this system only increases the

chances of extinction of coral reefs in Southeast Asia and potentially puts

other species at risk as well.

Destructive fishing fundamentally destroys the marine natural

resource base for future generations of fish, corals and humans as well as the

symbiotic relationship between algae and corals by damaging the reef

framework. Commercial poison use didn’t flourish until the 1960’s, before

natural poisons such as leaves, berries and roots, from species including

Derris, Barringtonia, Tephrosia and Wikstroemia were commonly used in

coastal communities.
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Environmental protection is influenced by three interwoven factors:

environmental legislation, ethics and education. To become a reality, it is

important for societies to develop each of these areas that together will

inform and drive environmental decisions.

In simple terms, laws are basically things that a person can and cannot

do. The Ordinances are laws that are passed by lower jurisdiction in a

country such as Municipal government. They have been provided with the

power to enact laws through a statute and state constitution. Ordinances

constitute the subject matter of enact law. Most of these ordinances deal with

public safety, health and moral codes and general welfare. Breaking an

ordinance is a punishable offense and has a drastic consequence such as

hefty fines, jail time, and community service time.

Fisheries law is an emerging and specialized area of law which

includes the study and analysis of different fisheries management,

approaches, including seafood safety regulations and aquaculture

regulations. Despite its importance, this area is rarely taught at law schools

around the world, which leaves a vacuum of advocacy and research.

Coastal law enforcement is one area in the O.N.E. PNP program that

is consistent with the mission of fostering good neighborhood partnership

for community- based anti- crime programs. All members of the PNP shall
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help in the development and conservation our natural resources for the

ecological balance and posterity as these are the inalienable heritage of our

people. (Article 3, Sec 2.11. the PNP Code of Conduct and Ethical

Standards). There is a need to determine the implementation of Fisheries

Ordinance to be able to offer proper guidance.

That even there were several laws and ordinances to protect our

natural resources specifically our water resources, but there are still who

violate and engage in illegal fishing. The Philippine National Police

assigned in Municipality of Buenavista, Bohol together with the LGU-

MENRO/Fish warden conduct regular seaborne patrol in the municipal

waters of Buenavista , Bohol to highly intensify the campaign against illegal

fishing. But despite the effort of the law enforcement to protect the water

resources in the Municipality of Buenavista, Bohol there were twenty two

(22) incidents of fishermen who engage in illegal fishing were recorded in

Police Blotter in Buenavista Police Station in the year 2012 to 2013.Based

on the efforts of the law enforcement to protect the water resources there are

still fishermen who engage in illegal fishing despite the penalties they

received from the court. That the author who was a Police Officer assigned

at Buenavista Police Station designated as Assistance Investigator need to

know the community compliance of illegal ordinances and livelihood

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program for the future references in the effective implementation of

ordinances and more effective police officer who render service to the

community in the Municipality of Buenavista, Bohol.

Theoretical Background

This study is anchored in the Solomon Asch Theory of Conformity

which holds that Life in society requires consensus as an indispensable

condition. But consensus, to be productive, requires that each individual

contribute independently out of his experience and insight. When consensus

comes under the dominance of conformity, the social process is polluted and

the individual at the same time surrenders the powers on which his

functioning as a feeling and thinking being depends. That we have found the

tendency to conformity in our society so strong that reasonably intelligent

and well-meaning young people are willing to call white black is a matter of

concern. It raises questions about our ways of education and about the values

that guide our conduct.

Yet anyone inclined to draw too pessimistic conclusions from this

report would do well to remind himself that the capacities for independence

are not to be underestimated. He may also draw some consolation from a

further observation: those who participated in this challenging experiment

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agreed nearly without exception that independence was preferable to

conformity.

Asch suggested that this reflected poorly on factors such as

education, which he thought must over-train conformity. Other

researchers have argued that it is rational to use other people's

judgments as evidence. Others have suggested that the high conformity

rate was due to social norms regarding politeness, which is consistent

with subjects' own claims that they did not actually believe the others'

judgments and were indeed merely conforming. (Asch, Solomon,1955)

This is supported Stanley Milgram Obedience Theory, According by

Milgram "Ordinary people, simply doing their jobs, and without any

particular hostility on their part, can become agents in a terrible destructive

process. Moreover, even when the destructive effects of their work become

patently clear, and they are asked to carry out actions incompatible with

fundamental standards of morality, relatively few people have the resources

needed to resist authority," ( Obedience to Authority, 1974, p. 188 by

Milgram’s Theory)

Crime prevention entails cooperation with all stakeholders. As public

officers, we have a job to-do we must do it right and do it to the best of our

abilities to serve the public and maintain peace and order in its highest and
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ideal standards Once the public is convinced and satisfied of what we have

done, cooperation and commitment will come voluntary, natural and easy.

(Commendador, 2011)

The present study have supporting legal basis and it is embodied in

the Presidential Decree 1152 Philippine Environmental Code that aims to

prevent the greatest extent, practicable, injury and/or damage to plant and

animal, life and property, and promote the social and economic development

of the country. Also provided pursuant to the Republic Act No. 8550 known

as “ The Philippine Fisheries Code 1998” An act providing for the

development, management and conservation of the fisheries and aquatic

resources, integrating all laws pertinent there to, and for other purposes.”

“ If a man ask for fish, teach him how to fish

so that he will have fish for the rest of his life.”

-Confucius

Some fishing techniques also may cause habitat destruction.

Explosive fishing and cyanide fishing, which are illegal in many places,

harm surrounding habitat. Bottom trawling, the practice of pulling a fishing

net along the sea bottom behind trawlers, removes around 5 to 25% of an

area's seabed life on a single run. The nets cover from the surface to the

bottom of the reef and indiscriminately kill everything: cruising sharks, rays,
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turtles, the few remaining large fish, mostly small colorful aquarium fish as

small as 1 inch, shells, crabs, sea urchins, and even jellyfish get caught in the

invisible webs of death.

If you mean taking fish that are too small, you are hurting the species

by not allowing the fish to grow to adulthood and allowing them to spawn,

making more little fishes to grown into big fishes. Besides, it takes a whole

lot of little fish to make the same meal that a big fish would. No

conservation of resources there, and again you get fined. Probably more than

you would for fishing without a license. 

If you mean taking fish that are on a restricted list during part of the

year or restricted permanently, you are endangering the species by either a)

not allowing them to spawn during their season, or b) because that particular

type of fish has become rare and catching them could wipe them out. And

yet again you get fined, or even jailed for this one.

According to Olsen (1999, p. 16) as cited by Aparece there should be

symbiosis between fish and fishers, (you don’t harvest your garden with

bulldozer). Destructive forms of fishing must be eliminated. Replace

predation with symbiosis, mining with husbandry. The coastal resources

management plan embodies the program, strategies of the Municipal

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government, which shall aim at restoring the viability and achieving

sustainability in its costal and marine resources. (CRMP, 2001, p.4 as cited

by Aparece)
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THE PROBLEM

Statement of the Problem

This study determined the compliance of the illegal fishing ordinances

and livelihood programs in the coastal community of Municipality of

Buenavista, Bohol. Findings of the study served as basis for the proposed

action plan.

Specifically, it sought to answer the following sub-problems:

1. What is the profile of the respondents in terms of:

1.1 age;

1.2 gender;

1.3 civil status;

1.4 highest educational attainment; and

1.5 monthly income?

2. What is the respondents level of compliance in the illegal fishing

ordinances and livelihood programs?

3. What are the problems encountered by the respondent in the

compliance of illegal fishing ordinances and livelihood programs?

4. Is there a significant relationship between the respondents’ profile and

their level of compliance on the illegal fishing ordinances and

livelihood programs?
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5. Based on the findings of the study, what action plan can be proposed?

Statement of Null Hypothesis

At 0.05 level of significance, the null hypothesis will be tested:

Ho: There is no significant relationship between the respondents`

profile and level of compliance in the illegal fishing ordinances and

livelihood programs.

Significance of the Study

This study would be useful and valuable to the following:

The Department of Environment Natural Resources (DENR)-

The out of the study would be beneficial to the Department of Environment

Natural Resources as to what security measures they would apply.

The Local Government Unit (LGU)-Local government Unit can

now addresses the current situation; the output could be a wakeup call to

administer properly in the implementation of Ordinances within the

municipality. By all means LGU can make use of authority as aid to resolve

the problem of depleted officers concern in the implementation f ordinances

in the municipality.

The Philippine National Police (PNP)- The result of the study can

be a reference in enhancing prevention measures in illegal fishing , for a

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safer place to live and do business. Thus PNP formulate scientific method of

solving problem to cases same of the study.

The Barangay Officials- The output of this study can serve as

material tools during Barangay session, and can be a reference for

formulating Barangay ordinance.

The Coastal Community- The general public is the first hand

beneficiary of the said study. This is in which the writer oath to Serve and

Protect upon joining the PNP Organization. Indeed it is of urgent desire of

all citizens to have a peaceful, progressive and productive community

emancipating our well to have a unifying implementation of fisheries

ordinances to protect our resources.

The Academe-The Universities and colleges outside Buenavista,

schools within the municipality of Buenavista, Bohol can gain viewpoint to

what are the laws and ordinances to protects our coastal resources. Can be

utilized as reference for specific subject matter, either both further study and

development.

The Researcher. As basis for evaluation according to the efficacy of

service render to the Municipality of Buenavista, Bohol. The coherence of

compliance of Illegal fishing ordinances and livelihood program in the

coastal community of Municipality of Buenavista, Bohol.

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The Future Researchers- the result of this study would widen the

researcher’s insight knowledge about the compliance in the Illegal fishing

ordinances and livelihood program. This will serve a springboard for the

similar studies to be conducted in the future.

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RESEARCH METHODOLOGY

Research Design

This study will use descriptive- correlation method utilizing survey

questionnaires with follow-up interview.

The flow of the study is shown in figure 1 below.

INPUT PROCESS OUTPUT

 Descriptive-
correlation
 Profile of the method using
respondents survey
Proposed
 Level of questionnaire
compliance Action
 Problems  Data Gathering
encountered Plan
 Data Processing

 Data Analysis

 Data
Interpretation

Figure 1. Research Flow

Research Environment

The study was conducted in the coastal community of Buenavista,

Bohol which located in the Northern part in the Province of Bohol. The

barangay were enumerated below:

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Barangay Asinan a coastal Barangay located in the western part of

the Municipality of Buenavista. It is 1.3 kilometers away from the town

center it enclose 40.33 hectares, the total population 2010 census 296

persons and the major economic activities fishing and trading.

Barangay Bato a coastal Barangay located in the western part of the

Municipality of Buenavista. It is 2 kilometers away from the town center it

enclose 49.66 hectares, the total population 2010 census 664 persons and the

major economic activities fishing, farming and trading.

Barangay Buga-ong a coastal Barangay located in the southwestern

part of the Municipality of Buenavista. It is 5.5 kilometers away from the

town center it enclosed 59.5 hectares , the total population 2010 census 489

persons and the major activities farming and fishing.

Barangay Cambuhat a coastal Barangay located in the southern part

of the Municipality of Buenavista. It is 4.5 kilometers away from the town

center it enclose 274.33 hectares, the total population 2010 census 1,045

persons and the major economic activities fishing and farming.

Barangay Cangawa a coastal Barangay located in the southern part of

the Municipality of Buenavista. It is 3 kilometers away from the town it

enclose 256 hectares, the total population 2010 census 1,091 persons and the

major economic activities fishing and farming.

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Barangay Cruz a coastal Barangay located in the northwestern part

of the Municipality of Buenavista. It is 2.3 kilometers away from the town

center it enclose 206 hectares, the total population 2010 census 897 persons

and the major economic activities fishing, farming and trading.

Barangay Dait a coastal Barangay located in the southern part of the

Municipality of Buenavista. It is 4.5 kilometers away from the town center

it enclose 106.03 hectares, the total population 2010 census 1,044 persons

and the major economic activities fishing and farming.

Eastern Cabul-an one of the two barangays in Cabul-an Island,

which is located northwest of mainland Buenavista. It is 11 kilometers away

from the town center it enclose 15.39 hectares, the total population 2010

census 1,924 persons and the major economic activities fishing.

Barangay Hunan a coastal Barangay located in the western part of

the Municipality of Buenavista. It is 1 kilometer away north from the town

center it enclose 38.55 hectares, the total population 2010 census 882

persons and the major economic activities fishing .

Barangay Poblacion a coastal Barangay located in the western part

of the Municipality of Buenavista, the total population 2010 census 859

persons and the major economic activities fishing and farming.

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Barangay Sweetland a coastal Barangay located in the western part

of the Municipality of Buenavista. It is 600 meters away from the town

center it enclose 56.36 hectares, the total population 2010 census 714

persons and the major economic activities fishing and farming and

Barangay Western Cabul-an one of the Barangay in Cabul-an Island,

which is located northwest of mainland Buenavista. It is 14 kilometers away

from the town center. (Refer to Appendix C for the Location Map)

Research Respondents

The respondents of the study consisted of Fisher folks, Municipal and

Community / Barangay Officials from the coastal Barangay of Municipality

of Buenavista, Bohol. Table 1 below showed the distribution of respondents.

Table 1
Distribution of Respondents

Respondents Population Sample Percentage

Fisher folks 2,592 934 36%

Municipal / Barangay Officials 106 36 34%

Total 2,698 970 70%

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Research Instrument

The study utilized a researcher-made questionnaire. The survey

questionnaire consisted of three parts: Part 1, pertains to the profile of the

respondents; Part 2 consist of questions which will be the basis for

determining the level of compliance in the illegal fishing ordinances and

livelihood program; and Part 3, will be the checklist of the problems

encountered in the compliance of Illegal fishing ordinances and livelihood

program.

Research Procedures

The research procedures covered in this study were the gathering of

data and the treatment of data.

Gathering of Data. Prior to the administration of the survey

questionnaire to the respondents, the researcher will ask permission from the

Local Executive of Municipality of Buenavista, Bohol and the Barangay

Captains of the Coastal Barangay of Buenavista, Bohol. He will personally

administer the questionnaires to the respondents. After answering, the

questionnaires will be collect and tabulate.

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Treatment of Data. The following will be use to analyze and

interpret the gather data.

Simple percentage will be use to summarize, analyze and

interpret the data on the profile of the respondents in terms of age, gender,

civil status, highest educational attainment, and monthly income;

Weighted mean will be use to summarize, analyze and interpret

the data on the level of implementation as determine by the select

respondents;

Ranking will be use to summarize, analyze and interpret the

data on the problems encounter by the select respondents;

Chi- square test of independence will be used to determine the

significance of the relationship between the profile and the compliance of

Illegal fishing ordinances and livelihood program.

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The descriptive rating is assigned accordingly to hypothetical mean

scale as follow:

Scale Interpretation Implication

4 – (3.26 – 4.00) Fully Complied (FC) - This means that the
Compliance is
manifested all
the time.
3 – (2.51 – 3.25) Complied (C) - This means that the
Compliance
is manifested
oftentimes.
2 – (1.75 – 2.50) Less Complied (LC) - This means that the
Compliance is rarely
Manifested.
1 – (1.00 – 1.75) Not Complied (NC) - This means that the
Compliance is never
manifested.
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DEFINITION OF TERMS

To have a clear understanding of the study, the following terms are

defined operationally.

Profile-a description of a person, group, or organization that contains 
all the details that someone needs.

Level of Compliance- the behavior of someone who is too willing to

do what other people want or too willing to accept their opinions.

Problems Encountered- to meet without expecting or intending to,

or to come upon or meet with, especially unexpectedly.

Proposed Action Plan -a sequence of steps that must be taken,

or activities that must be performed well, for a strategy to succeed.