This document defines marine protected areas and describes their classification and modes of establishment. It also outlines the requirements for an MPA plan implementation, including fundamental pre-requisites and enabling conditions. MPAs are defined areas of the sea established by law, regulation, or agreement to conserve the marine environment. They are classified based on jurisdiction as either outside or within municipal waters. MPA plans require legal establishment and approval, as well as enabling conditions like legal/policy support at both national and local levels, funding support, capacity building, and champions within the LGU and community.

1. Atty. Wilman C. Pollisco

2. MARINE PROTECTED AREA
A defined area of the sea established and set aside by:
 law
 administrative regulation
 any other effective means
in order to conserve and protect a part of or the entire
enclosed environment through the establishment of
management guidelines.
It is considered a generic term that includes all
declared areas governed by specific rules or guidelines
in order to protect and manage activities within the
enclosed area.
(RA 10654)

3. MPA CLASSIFICATION
On the basis of JURISDICTION:
1. MPAs outside municipal waters – under the
jurisdiction of the national government through the
DENR, DA-BFAR, or other agencies such as PCSD
2. MPAs within municipal waters – under the
jurisdiction of local government units: cities and
municipalities

4. MODES OF ESTABLISHMENT
MPAs outside municipal waters:
A. Law
1. NIPAS Act
2. Special law declaring a particular area as a
Protected Area
B. Administrative Regulation
1. Executive Order
2. Presidential Proclamation
3. Department Administrative Order

5. MODES OF ESTABLISHMENT
MPAs within municipal waters:
A. Ordinance
 Strongest mode
B. Executive Order
 Not as strong as an ordinance
C. Agreement
 Weakest mode

6. REQUIREMENTS FOR MPA PLAN
IMPLEMENTATION
A. FUNDAMENTAL PRE-REQUISITES
1. Legal / Formal establishment of the MPA
2. MPA Plan legitimization / approval
B. ENABLING CONDITIONS
 Desired conditions that will allow, facilitate, and
support the implementation of the MPA Plan and
help ensure that the objectives of the MPA Plan
are achieved

7. ENABLING CONDITIONS
1. Legal / Policy Support for MPA Plan Implementation
National Level : Laws, Executive or Administrative
Issuances
 Creation / Establishment
 Management = Organization, Powers and
Functions, Plans, System
 Institutional Arrangements
 Regulatory Mechanisms
 Funding
 Prohibited Acts and Penalties
 Enforcement Mechanisms
 Implementing Rules and Regulations

8. ENABLING CONDITIONS
1. Legal / Policy Support for MPA Plan Implementation
Local Level: Ordinances, Executive Issuances
ORDINANCES:
 Law enacted by a local legislative council that is
public, governmental, and more or less permanent in
character
 Local law enacted by the legislative body of an LGU,
the application of which is limited to the territorial
jurisdiction of the LGU enacting it

9. ENABLING CONDITIONS
ORDINANCES = tools to implement LGU decisions
LGU decision: Achieve a TARGET
Steps:
1. Set a target
2. Identify activities that are connected to the
target
3. Determine the requirements for the conduct of
the activities in order to achieve the target;
Differentiate as needed
4. Package as a whole = ORDINANCE
5. IMPLEMENTATION and ENFORCEMENT of
ordinance

10. ENABLING CONDITIONS
1. Legal / Policy Support for MPA Plan Implementation
Coverage of Legal/Policy Support:
a) Management Body
• Creation
• Composition
• Term of Office
• Powers and Functions
• Accountabilities
Temporary / Interim --- through an EO
More Permanent --- through an Ordinance

11. ENABLING CONDITIONS
1. Legal / Policy Support for MPA Plan Implementation
Coverage of Legal/Policy Support:
b) Provisions on MPA Plan Implementation
• By reference
• Include specific components of the MPA Plan in the
ordinance that are deemed mandatory

12. ENABLING CONDITIONS
1. Legal / Policy Support for MPA Plan Implementation
Coverage of Legal/Policy Support:
c) Regulatory Measures
• Acts allowed
o With conditions / requirements / limitations?
limiting area
limiting number
require payment of fees
• Prohibited acts
• Penalties for violations

13. ENABLING CONDITIONS
1. Legal / Policy Support for MPA Plan Implementation
Coverage of Legal/Policy Support:
d) Non-regulatory Measures
• Incentives
• Disincentives
e) Revenue-generating Measures
• Include statement as to where fees and fines will go
• Create a fund
• Use of the fund

14. ENABLING CONDITIONS
1. Legal / Policy Support for MPA Plan Implementation
Coverage of Legal/Policy Support:
f) Budget / Funding
• Regular / Yearly allocation
• Under what department or office
g) Enforcement Mechanisms
• Enforcement Organization
• Powers and Functions
• Accountabilities
• Benefits

15. ENABLING CONDITIONS
1. Legal / Policy Support for MPA Plan Implementation
Coverage of Legal/Policy Support:
h) Administrative Adjudication Measures
• Imposition of administrative fines and/or penalties
• Office authorized to conduct administrative adjudication
• Procedure
o May be included in the ordinance
o Ordinance may also authorize the concerned office
to formulate the procedural guidelines

16. ENABLING CONDITIONS
2. Other Policies/Ordinances that while not directly
dealing with the MPA will have an effect or impact
on the MPA
 Ordinances regulating activities in the areas
surrounding the MPA e.g. LGU fisheries
ordinance
 Solid waste management ordinance
 Anti-pollution ordinance
 Ordinance on ecotourism
 LGU coastal development plan

17. ENABLING CONDITIONS
3. Agreements supporting MPA Plan implementation:
Based on need – depending on the
components/contents of the MPA Plan
 Agreements with National Government Agencies
 Inter-LGU Agreement
 Agreement with the community or among
community members
 Agreement with the private sector

18. ENABLING CONDITIONS
4. Funding Support
 Self-generated
 External sources
5. Capacity Building
 Needs Assessment: Who, What
 Who will provide
 Cost/Expenses
6. Champions
 LGU
 Community

19. THANK YOU!