|
DENR Administrative Order No. 2001 - 17 June 11, 2001
SUBJECT
: GUIDELINES FOR DELINEATING/DELIMITING MUNICIPAL WATERS
Pursuant to Article
1 on National Territory of the 1987 Constitution, Presidential Decree No. 1599
dated June 11, 1978, Section 123 of Republic Act 8550, otherwise known as the
Philippine Fisheries Code of 1998, and Executive Order No. 192 dated June 10,
1987, the following regulations and guidelines governing the delineation and
delimitation of municipal waters of the country are hereby promulgated:
Section 1. Basic
Policy
It is the policy
of the State to protect the rights of the people, especially the local communities
with priority to marginal fisherfolks, in the preferential use of the municipal
waters. The delineation/delimitation of municipal waters will define the geographic
extent of the city or municipalityís taxation or revenue-generating powers,
its law enforcement jurisdiction, resource allocation, and general management
powers.
Section 2. Definition
of Terms
For the purposes
of this manual, the following definition of terms shall be used:
Adjacent municipalities
ñ coastal municipalities sharing a common land boundary point on the
coast.
Archipelago
ñ a group of islands, including parts of islands, interconnecting waters
and other natural features which are so closely related that such islands, waters,
and other features form an intrinsic geographical, economic, and political entity,
or which historically have been regarded as such
Awash ñ
flush with or washed by waves
Baseline
ñ the line from which the outer limits of municipal waters are projected
Basepoint
ñ a point on land from which baselines are drawn
Cay ñ
a low, flat island of sand, coral, or other material which is awash or dries
during low water
Coast ñ
the edge or margin of land next to the sea
Coastal terminal
point ñ a boundary point on the coast, common to two adjacent municipalities
Coastline
ñ the line where the shore and water meet
Construction
line ñ a temporary drawing line used in determining a final line,
e.g., a boundary line, or points used to determine that final line
Delimitation
ñ the determination of boundaries of municipal waters between adjacent
or opposite municipalities where the delineation of their respective waters
show that their respective municipal waters overlap
Delineation
ñ the determination of the outer limits of the municipal waters of a
municipality
Drying reef
ñ a reef or part of it which dries at low tide
Fringing reef
ñ a reef directly attached to the shore or located in its immediate vicinity
General coastline
of the municipality ñ refers to the coastline of the mainland and
offshore and/or fringing islands of the municipality
High water or
high tide ñ refers to the highest level reached at a place by the
water surface in one oscillation
Island ñ
a naturally formed area of land, surrounded by water, provided that where the
island is surrounded by the sea, the same should also always be above the water
at high tide
Lateral boundary
ñ the municipal water boundary between two adjacent municipalities
Low water or
low tide ñ refers to lowest level reached at a place by the water
surface in one oscillation
Low water line
or low water mark ñ the intersection of the plane of low water with
the shore; the line along a coast or beach to which the sea recedes at low water
Mainland of
the city or municipality ñ the land area of the municipality within
which the municipal capitol is located
Median line
or equidistance line ñ a line every point of which is equidistant
from the nearest points on the coasts of two municipalities
Municipal archipelagic
baseline ñ a baseline used in cases where the municipality is composed
of islands or has offshore and/or fringing islands
Normal baseline
ñ the baseline described by the coastline of a municipality, where such
coastline is relatively smooth and simple and there are no outlying or fringing
islands, reefs, rocks, pinnacles, or other abutting features
Opposite municipalities
ñ municipalities not sharing land boundaries but having coastlines which
face each other and are less than thirty (30) kilometers apart
Pinnacle rock
ñ a sharp pointed rock rising from the bottom, which may extend above
the surface of the water
Reef ñ
a mass of rock or coral which either reaches close to the sea surface or is
exposed at low tide
Rock ñ
a formation of natural origin that constitutes an integral part of the lithosphere,
which may or may not always be above high tide
Rock awash
ñ rock awash according to chart datum (usually low water)
Sandbar
ñ a shallow portion of the coast, largely made of loose sand that is
near the surface of the water
Shoal ñ
an offshore hazard to navigation on which there is a depth of ten (10) fathoms
or twenty (20) meters or less, composed of unconsolidated material except coral
or rock.
Straight baseline
ñ a baseline used in cases where the coastline is deeply indented or
cut into
Tidal water
ñ any water the level of which changes periodically due to tidal action
Section 3. Coverage
The coverage of
this administrative order shall be all the municipal waters as defined by Sec.
4(58) of RA 8550, which include, not only streams, lakes, inland bodies of water
and tidal waters within the municipality which are not included within the protected
areas as defined under RA 7586 (The NIPAS Law), public forest, timber lands,
forest reserves or fishery reserves, but also marine waters included between
two (2) lines drawn perpendicular to the general coastline from points where
the boundary lines of the municipality touch the sea at low tide and a third
line parallel with the general coastline including offshore islands and fifteen
(15) kilometers from such coastline. Where two (2) municipalities are situated
on opposite shores that there is less than thirty (30) kilometers of marine
waters between them, the third line shall be equally distant from opposite shore
of the respective municipalities. This administrative order shall not be construed
to preclude special agencies or offices in exercising their jurisdiction over
municipal waters by virtue of special laws creating these agencies such as,
but not limited to, the Laguna Lake Development Authority and the Palawan Council
for Sustainable Development, pursuant to Sec. 17 of RA 8550.
Section 4. Role/Responsibility
of Agencies
In order to have
an efficient and effective flow of activities in the delineation/delimitation
of municipal waters, the role of the agencies involved are herein provided:
Department of Environment
and Natural Resources (DENR)
As the mother agency,
oversee the activities being conducted by NAMRIA;
Provide the implementation
mechanism for the delineation/delimitation;
Provide assistance/support
and participate in the conduct of public hearing through its field offices,
units, agencies, programs, and projects.
National Mapping
and Resource Information Authority (NAMRIA)
Delineate or delimit
the boundaries of municipal waters on maps or charts of appropriate scale as
requested by the local government units;
Provide the local
government units proposed maps and technical descriptions of the maps before
the conduct of the public hearing;
Approve the maps,
charts, and technical descriptions as a result of the delineation/delimitation
of municipal waters;
Participate in
public hearings and consultations conducted in relation to the delineation/delimitation
of municipal waters and take note of comments, inputs, suggestions, reactions
or objections to the proposed delineation/delimitation;
Revise maps, charts,
or technical descriptions as a result of the public hearing;
Approve an official
copy of maps, charts, and technical descriptions and provide the approved maps
to the municipality/city concerned;
Provide technical
assistance relevant to delineation and delimitation of municipal waters;
Act as the repository
of all technical descriptions and corresponding original maps or charts of all
municipal waters;
Conduct actual
verification of boundary limits as required.
Local Government
Units
Request the NAMRIA
to delineate/delimit the boundaries of their municipal waters;
Conduct public
hearings and consultations in relation to the proposed delineation/delimitation;
Settle disputes
with adjacent or opposite municipalities arising from the delineation/delimitation
through the Sangguniang Bayan/Panglungsod or Panlalawigan or in any appropriate
body;
Enact ordinances
setting forth the extl, Helvetica, sans-serif" size="2">Other agencies
and/or entities that are involved in the management and development of municipal
waters should assist in the delineation/delimitation of municipal waters. Information
(map, technical descriptions, etc.) of areas under their administrative jurisdiction
should be provided.
Section 5. Systems
and Procedures
Requirements to
Start Delineation Process
Filing of Request
for Delineation
All requests for
delineation and delimitation of municipal waters shall be directed to the Administrator
of the NAMRIA, through the Director of the Coast and Geodetic Survey Department.
A request may be
made by any of the following:
a city or municipality
individually or jointly with other cities/municipalities with whom common boundaries
are shared, through a resolution of the Sangguniang Panglungsod or Sangguniang
Bayan;
a province on behalf
of all of its coastal municipalities, through a resolution of the Sangguniang
Panlalawigan;
a national government
agency on behalf of any city or municipality, through a formal letter/request
signed by the head of the agency, but only with the conformity of the affected
local government unit/s, expressed in form of a resolution of the Sanggunian
concerned which shall be attached to the letter/request.
A copy of the resolution
or letter/request shall be furnished by the NAMRIA to:
the DENR Community
Environment and Natural Resources Office (CENRO) and/or the relevant DENR Regional
Office;the BFAR;
any adjacent or
opposite municipality which may be affected by the delineation and/or delimitation;
the Regional Office
of the Philippine National Police Maritime Group (PNP-MARIG);
any special agency
having jurisdiction over coastal waters which may be excluded from municipal
waters in accordance with the Fisheries Code (e.g. the Protected Area Management
Board (PAMB) with respect to areas under the NIPAS Act);
any affected private
parties or sectors which the city or municipality may deem fit to notify.
Basic Technical
Requirements for Requesting Entity
The filing of request
for delineation must include basic technical requirements such as:
a list f known
or named islands and maps of said islands under the jurisdiction of the municipality
whose municipal waters are to be delineated and delimited; and
a copy of the legislation/proclamation
creating the municipality or city.
Response
The NAMRIA through
the Director of the Coast and Geodetic Survey Department shall schedule the
delineation and delimitation of the municipal waters of the municipality. A
copy of the response shall also be furnished to any adjacent or opposite municipality,
which may be affected by the delineation and/or delimitation.
Procedure for Delineation
and Delimitation of Municipal Waters
Delineation of
Municipal Waters
Use of normal baselines
i. Where the coastline
is not deeply indented or cut into, and there are no outlying or fringing islands,
reefs, or rocks, the normal baseline shall be the low water line.
ii. The normal
baseline shall determine the general coastline of the municipality for purposes
of delineation and delimitation.
iii. The outer
limits of the municipal waters of the municipality shall be determined by a
line parallel to the normal baselines and fifteen (15) kilometers therefrom.
Use of straight
baselines
i. Where the coastline
is deeply indented and/or there are outlying or fringing reefs or rocks, the
outermost points of the coastline may be connected by straight baselines, provided
that the length of such baselines does not exceed thirty (30) kilometers.
ii. In such cases,
the straight baselines shall determine the general coastline of the municipality
for purposes of delineation and delimitation.
iii. Reefs, rocks,
cays, shoals, sandbars, and any other features which are submerged during high
tide shall not be used as basepoints. Neither shall they have their own coastlines.
iv. The outer limits
of the municipal waters of the municipality shall be determined by a line parallel
to the straight baselines and fifteen (15) kilometers therefrom.
Use of municipal
archipelagic baselines
i. Where the territory
of a municipality includes several islands, the outermost points of such islands
shall be used as basepoints and connected by municipal archipelagic baselines,
provided that the length of such baselines shall not exceed thirty (30) kilometers.
ii. The municipal
archipelagic baselines shall determine the general coastline of the municipality
for purposes of delineation and delimitation.
iii. Islands, isles,
or islets located more than thirty (30) kilometers from the mainland of the
municipality shall have their own separate coastlines.
iv. Rocks, reefs,
cays, shoals, sandbars, and other features which are submerged during high tide
shall not be used as basepoints for municipal archipelagic baselines. Neither
shall they have their own coastlines.
v. The outer limits
of the municipal waters of the municipality shall be enclosed by a line parallel
to the municipal archipelagic baselines and fifteen (15) kilometers therefrom.
Combination of
baselines
A combination of
normal and straight baselines, or normal and municipal archipelagic baselines,
may be used depending on the circumstances and in the interest of simplicity
in determining the general coastline and delineating municipal waters.
Delimitation of
Adjacent Municipal Waters
Where the general
coastline is not curved or irregularly shaped at the coastal terminal point
of the land boundary common to two (2) adjacent municipalities, the lateral
boundary shall be determined by a line perpendicular to the general coastline
at the terminal point.
Where the general
coastline at the point where the land boundary touches the sea is curved or
irregularly shaped, making the determination of a perpendicular line impossible,
the lateral boundary between two (2) adjacent municipalities may be determined
by either of the following methods, depending on the complexity of the coastline:
Simplified bisection
The lateral boundary
shall be determined as follows:
i.a) Examine the
direction of the general coastline on both sides of the common coastal terminal
point. On each side of the common point, draw a straight line, a short baseline,
whose length shall be limited to the point where the direction of the general
coastline changes significantly or veers to another quadrant (see Fig. 1 for
illustration).
i.b) Draw perpendicular
lines to the coastlines on both sides of the common terminal point, passing
through this common terminal point. Bisect the angle formed by the two perpendicular
lines. The bisector is the lateral boundary of the municipal waters between
the adjacent municipalities. The bisector will extend to fifteen (15) kilometers
if the coastlines beyond the short baselines will no longer affect its equidistance
from both coastlines; otherwise, it will extend only up to a distance beyond
which the equidistance line method shall already be applied (see Fig. 1 for
illustration).
Equidistance line
The lateral boundary
shall be determined by a line equidistant from the coastlines of the adjacent
municipalities, as determined through the use of the baselines under Paragraphs
1a through 1d of Section 5B.
Delimitation of
Opposite Municipal Waters
In the case of
opposite municipalities which are less than thirty (30) kilometers apart, the
municipal water boundaries between them shall be determined by the median or
equidistance line between the general coastlines of the respective municipalities,
as determined through the use of the baselines under Paragraphs 1a through 1d
of Section 5B.
Delimitation of
Municipal Waters of Three or More Adjacent and Opposite Municipalities
In cases where
three or more municipalities are so situated that they have overlapping municipal
waters, the delimitation of the lateral and offshore boundaries of their municipal
waters shall be determined by the equidistance line method. The lateral boundaries
will usually end at a point which is common to three or more municipalities,
at the offshore boundary.
Municipal Water
Boundary Delimitation Prior to Republic Act No. 8550
Where two municipalities
have actually delimited the boundaries of their municipal waters prior to the
enactment of Republic Act No. 8550 in 1998, in accordance with the law prevailing
at the time, and pursuant to the procedure prescribed therein, such previous
boundary delimitation shall be respected and given effect as far as may be practicable
in the light of the provisions of the Fisheries Code of 1998 and the application
of the guidelines in this manual in order to respect prior vested rights.
Finalization Only
After Approval
The technical description
of municipal waters shall be deemed final only after the boundaries of municipal
waters have been duly approved by the concerned city or municipality as evidenced
by a final and executory ordinance embodying the same. Each boundary corner
common to two (2) adjacent or opposite municipalities shall have exactly the
same geographic position.
Depth Curve
Where practicable,
the seven (7) fathom depth curve within the municipal waters shall be clearly
indicated on the charts provided by the NAMRIA.
Demarcation of
Marine Reserves, Sanctuaries, or Other Special Areas
If within or overlapping
with the municipal waters, there is a marine reserve, sanctuary, or other special
area under the exclusive jurisdiction of an entity other than the municipality,
a clearance shall be obtained by the NAMRIA from said entity prior to the inclusion
of the boundaries of such reserve, sanctuary, or special area, or such part
thereof which overlaps with the municipal waters so as to effectively exclude
the same from the computation of the area of municipal waters. Provided that
the protected seascape or marine reserve area shall be managed by local governments
according to the mandate and responsibilities as provided in the NIPAS Law.
Nothing in this provision shall prevent the National Government from declaring
any portion of municipal waters as Protected Areas or Marine Reserves.
Publication and
Public Hearing
Public Hearing
The NAMRIA shall
submit to the requesting city or municipality a preliminary delineation of the
municipal waters, and delimitation thereof with respect to any adjacent or opposite
municipality, drawn on maps or charts of appropriate scale, and accompanied
by a technical description. Such delineation and/or delimitation shall be in
accordance with the technical guidelines set forth in Section 5B hereof.
The requesting
city or municipality shall cause the publication of the map or chart clearly
showing the delineation and/or delimitation of municipal waters, through
posting in prominent
places in the city or municipality;
dissemination of
copies of the same to all the component barangays; and
furnishing copies,
through regular channels, to any cities or municipalities affected.
In accordance with
regular processes and practices, the requesting city or municipality shall conduct
the same for public hearing and consultation for the purpose of receiving comments,
inputs, suggestions, reactions, or objections to the proposed delineation and/or
delimitation. The NAMRIA shall be present at the public hearing to document
and consider such comments, inputs, suggestions, reactions, or objections.
Adjacent or opposite
municipalities may, if they so decide for purposes of convenience and practicality,
jointly hold the public hearings.
Disputes with Adjacent
or Opposite Municipalities
If adjacent or
opposite municipalities, as well as agencies having jurisdiction over defined
coastal waters, or any interested parties, raised any objection to the preliminary
delineation and/or delimitation of municipal waters, such objection shall be
made in writing, in the form of a Resolution of the Sangguniang Bayan or Panglungsod
concerned, or an official letter from the responsible officer or person, and
officially presented at public hearing.
Amicable Settlement
Encouraged
In case of boundary
conflict, this guideline shall not prevent the municipalities concerned from
negotiating or mutually agreeing to a common municipal water boundaries provided
there is substantial compliance with the provisions of the law. Such negotiated
boundaries shall be submitted to the NAMRIA for verification. The NAMRIA may
also provide technical assistance and advice to the municipalities in the course
of their negotiations.
The delimitation
of municipal water boundaries in accordance with a negotiated settlement shall
be certified by the NAMRIA prior to its finalization and submission for enactment
as an ordinance. Certification of such negotiated boundaries shall not be denied
under normal circumstances.
Irreconcilable
Differences
In case the municipalities
cannot settle their differences amicably through negotiation, and the differences
are based on the proper application of technical rules and guidelines, they
shall jointly submit the issue to the NAMRIA for decision. The NAMRIA shall
inform the municipalities of its decision within thirty (30) days from the submission
of the issue.
c) Disputes Before
Other Fora
Where at the time
of the delineation and/or delimitation, the dispute is pending before another
forum on account of substantial issues that go beyond the application of technical
rules and guidelines (e.g., when there is a pending case before a regular court
over ownership and/or jurisdiction over islands or other features), the NAMRIA
may, in the meantime, delineate and determine the temporary municipal water
boundaries between the contesting municipalities, without considering the contested
islands or features, provided that the affected municipalities agree to such
temporary delimitation, provided further that the temporary delimitation shall
be subject to the outcome of the dispute as determined by the concerned forum.
Revision and Finalization
Certification of
Final Map
The NAMRIA, after
considering the inputs from the public hearing, or the outcome of the dispute
settlement mechanisms set forth in Paragraph 2 of Section 5C, shall revise the
delineation and/or delimitation, and within thirty (30) days from the date of
the last public hearing, or last meeting under Paragraph 1 of Section 5C, provide
an official copy of the revised maps, charts, and technical descriptions to
the requesting city or municipality. Such maps, charts, and technical description
shall be duly certified by the NAMRIA Administrator as comprising the final
and definitive delineation and/or delimitation of municipal waters.
Enactment of Ordinance
After the receipt
of the revised and certified delineation or delimitation, if any, or of the
date of the last public hearing if no revision was necessary, the requesting
city or municipality shall enact an ordinance setting forth the extent of its
municipal waters, incorporating the maps, charts, and technical descriptions
prepared and verified by NAMRIA as an integral part of the ordinance, provided
that in enacting the ordinance, no amendments shall be made to the maps, charts,
or technical descriptions prepared and approved by NAMRIA.
Once the ordinance
has become final and executory, the original copy must be submitted to the NAMRIA
and official copies thereof shall be provide to the following:
any adjacent or
opposite municipalities affected by the delimitation;the BFAR;
the Regional Office
of the PNP-MARIG;
any concerned special
agency having jurisdiction over coastal waters which may be excluded from municipal
waters;
any affected party
or sector the city or municipality may deem fit to notify;
the DENR field
office.
Repository Function
The NAMRIA shall
be the repository of all technical descriptions and corresponding maps or charts
of all municipal waters. An official copy of such technical descriptions and
maps or charts shall be provided to the municipality concerned.
Section 6. Fees
and Costs
For the delineation
of municipal waters that would be conducted by NAMRIA, each city/municipality
shall be charged with a service fee of PhP 5,000.00 plus PhP 50.00 per kilometer
of coastline of the municipality exclusive of field expenses. NAMRIA shall likewise
charge a verification fee of PhP 5,000.00, wherever applicable.
Section 7. Transitory
provision
These guidelines
shall be immediately effective in delineating municipal waters in all cities
and municipalities except those which have offshore islands or islets for which
the delineation process shall start six (6) months from the effectivity of these
guidelines.
Section 8. Repealing
Clause
All orders, rules,
and regulations inconsistent with or contrary to the provisions of these Guidelines
are hereby repealed or modified accordingly.
Section 9. Effectivity
This Administrative
Order shall take effect fifteen (15) days after its publication in newspaper
of general circulation.
Signed: HEHERSON
T. ALVAREZ
Secretary of Environment and Natural Resources
TECHNICAL ANNEX
METHODS / PROCEDURES
FOR DELINEATING MUNICIPAL WATERS
USING NORMAL BASELINES
The normal baseline
is the baseline described by the coastline of a city or municipality, where
such a coastline is relatively smooth and simple and there are no outlying or
fringing islands, reefs, rocks, pinnacles, or other abutting features (see Fig.
2).
Using fifteen (15)
kilometers (on a scale of the chart or map where the municipal waters will be
delineated) as radius and a point on the coastline at low tide as center of
circle, draw arcs of circles from different points on the coastline of the municipality.
Allow these arcs to intersect.
Select the outermost
arcs that have been drawn. These arcs form the offshore limit of the municipal
waters. Note that not all points along the coastline contribute to the delineation
of this offshore limit. Usually, only the protruding points of the coastline
do count and have the most impact.
USING STRAIGHT
BASELINES
A straight baseline
is the baseline used in cases where the coastline is deeply indented or cut
into (see Fig. 3).
Join protruding
points along the coastline by straight lines, the length of which should not
exceed thirty (30) kilometers.
Draw perpendicular
lines passing through the basepoints of each baseline.
From the basepoints,
measure fifteen (15) kilometers offshore along the perpendicular lines. Connect
the offshore points on the perpendiculars of each baseline. The line joining
these offshore points is parallel to the baseline.
4a.When the exterior
angle formed by two consecutive baselines is more than 180 degrees, draw an
arc of circle, using fifteen (15) kilometers as radius and the common basepoint
of the two baselines as center of circle, from one perpendicular to the other
perpendicular. The offshore limit of the municipal waters, measured from these
two baselines, is the line consisting of the arc and the two parallel lines.
4b.When the exterior
angle formed by two consecutive baselines is less than 180 degrees, no arc of
circle is drawn. The offshore limit of the municipal waters, measured from these
two baselines, is the line consisting of the intersecting two parallel lines.
5. The offshore
limit of the entire municipal waters consists of the lines determined in (4a)
and (4b).
USING ARCHIPELAGIC
BASELINES
Archipelagic baselines
are straight lines joining the outermost points of islands of a municipality.
Municipality with
offshore islands
Join the outermost
points of the municipality by straight lines, beginning from one coastal terminal
point (a boundary point on the coast, common to two municipalities) on the mainland
of the municipality; then to the outermost islands; then to the other coastal
terminal point of the municipality; provided that the length of each line shall
not exceed thirty (30) kilometers; provided further that an isolated island
of the municipality, if any, distant more than thirty (30) kilometers from any
of the other islands of the municipality, shall generate its own municipal waters.
More than one point on an island can be used as basepoint (see Fig. 4).
Municipality composed
of islands
Join the outermost
points of the outermost islands by straight lines; provided further that the
length of each line shall not exceed thirty (30) kilometers; provided further
that an isolated island of the municipality, if any, distant more than thirty
(30) kilometers from any of the other islands of the municipality, shall generate
its own municipal waters. More than one point on an island can be used as basepoint
(see Fig. 5).
Common to 1 and
2:
b. Draw perpendicular
lines passing through the basepoints of each baseline.
From the basepoints,
measure fifteen (15) kilometers offshore along the perpendicular lines. Connect
the offshore points on the perpendiculars of each baseline. The line joining
these offshore points is parallel to the baseline.
d1. When the exterior
angle formed by two consecutive baselines is more than 180 degrees, draw an
arc of circle, using fifteen (15) kilometers as radius and the common basepoint
of the two baselines as center of circle, from one perpendicular to the other
perpendicular. The offshore limit of the municipal waters, measured from these
two baselines, is the line consisting of the arc and the two parallel lines.
d2. When the exterior
angle formed by two consecutive baselines is less than 180 degrees, no arc of
circle is drawn. The offshore limit of the municipal waters, measured from these
two baselines, is the line consisting of the intersecting two parallel lines.
The offshore limit
of the entire municipal waters consists of the lines determined in (d1) and
(d2).
MANUAL METHOD /
PROCEDURE FOR DELIMITING MUNICIPAL WATERS
When the delineation
of municipal waters of adjacent or opposite municipalities produce overlapping
areas, it is necessary to delimit municipal waters in order to allocate the
overlapping areas between the municipalities concerned. Considering the archipelagic
nature of the country, and the many configurations of the Philippine coastline,
it is very likely that delimitation will be required by most coastal municipalities.
In these cases, it is necessary to use a simple method of delimiting the municipal
waters in a convenient and cost-effective manner.
The Enrique A.
Macaspac Concentric Circles Method of Determining an Equidistance Line in Boundary
Delimitation
The Enrique A.
Macaspac Concentric Circles Method of Determining an Equidistance Line in Boundary
Delimitation is based on the theory that the center of a circle is equidistant
from any other point on the circumference of that circle. To use this method,
concentric circles are drawn on a stable, transparent medium such as acetate
paper. For municipal waters, the radius of the largest circle should be made
equal to fifteen (15) kilometers on the scale of the nautical chart or topographical
map where the municipal waters will be delineated and delimited. For convenience,
the incremental radius of each circle shall be five (5) millimeters regardless
of scale of chart or map.
The equidistance
line is determined by connecting the equidistant points identified by the center
of each circle whose circumference touches at least one point (point of tangency)
on both coastlines of the neighboring municipalities, whether adjacent or opposite,
whose municipal water boundaries are being determined. The use of this method
facilitates the delimitation of the waters.
This method also
offers the following advantages:
Convenience. Since
the instruments used are simple and easily available (map or chart, compass,
transparent medium like acetate paper, and pen or pencil), there is no need
for expensive computer software or experts.
Simplicity. The
method is very simple, requiring only patience and a sharp eye. Since even an
ordinary person can use it, neighboring municipalities can easily check each
otherís work.
Speed. It eliminates
the construction lines of other manual methods; thus it is faster.
Reasonable accuracy.
This method is based on theory. There is no difference in the results using
this method (E. A. Macaspac Concentric Circles Method) and the method which
uses construction lines, described by A. L. Shalowitz in the Manual on the Technical
Aspects of the United Nations Convention on the Law of the Sea. It also agrees
very closely with computer-generated results from the software DELMAR (DELimitation
of MARitime Boundaries). As long as the user is familiar with the use of maps,
charts, and scales, the results produced will be reasonably accurate.
This method has
been tested in pilot activities delineating and delimiting the municipal waters
of the coastal municipalities in the provinces of Davao Oriental, Masbate, and
Bohol.
Procedure for Adjacent
Municipalities
The delimitation
of lateral boundaries starts from either the common coastal terminal points
of the land boundaries of the adjacent municipalities, or from the offshore
end of the lateral boundary fifteen (15) kilometers from the coastline (see
Fig. 6).
Move the concentric
circles to a point where the circumference of the circle touches at least one
point each on both coastlines of the adjacent municipalities. No other points
on the coastlines should be within that circle. Mark the center of the circle
on the chart or map. This point on the chart or map now is equidistant from
those two or more points on the coastlines of the two municipalities.
Repeat this step
progressively, using the varying radii, until the coastal terminal point (if
starting from the offshore end) or the fifteen (15) kilometer limit (if starting
from the coastal terminal point) is reached.
Connect the marked
points. The line represents the delimited lateral boundary of the municipal
waters of the adjacent municipalities.
Procedure for Opposite
Municipalities
The delimitation
of the offshore boundary starts from one end of the common waters of opposite
municipalities, to the other end (see Fig. 7).
Move the concentric
circles to a point where the circumference of a circle touches at least one
point each on both coastlines of the opposite municipalities. No other points
on the coastlines should be within that circle. Mark the center of the circle
on the chart or map. This point on the chart or map now is equidistant from
those two or more points on the coastlines of the two municipalities.
Repeat this step
progressively, using the varying radii, until the other end of the common waters
is reached.
Connect the marked
points. The line represents the delimited offshore boundary of the municipal
waters of the opposite municipalities.
Procedure for Three
or More Adjacent and Opposite Municipalities
The delimitation
of the boundaries among three or more adjacent and opposite municipalities having
overlapping municipal waters essentially follows the procedures for adjacent
or opposite municipalities.
Delimit the lateral
boundaries, two municipalities at a time. The lateral boundaries will usually
end at a point which is common to three or more municipalities, at the offshore
boundary.
Delimit the offshore
boundaries. Between two tri-points is the delimited offshore boundary between
two opposite municipalities. Tri-points are points along the median line equidistant
from three points from the coastlines of three municipalities.
BACK TO ENVIRONMENTAL LAWS INDEX PAGE
|