AN ACT
PROVIDING FOR
THE DEVELOPMENT, MANAGEMENT AND CONSERVATION OF THE FISHERIES AND
AQUATIC
RESOURCES, INTEGRATING ALL LAWS PERTINENT THERETO, AND FOR OTHER
PURPOSES.
Section 1. Title.
- This Act shall be known as "The Philippine Fisheries Code of 1998"
CHAPTER I
DECLARATION OF POLICY AND DEFINITIONS
Sec. 2. Declaration
of Policy.
- it is hereby declared the policy of the State:
a. to achieve food security
as the overriding consideration in the utilization, management,
development
conservation and protection of fishery resources in order to provide
the
food needs of the population. A flexible policy towards the attainment
of food security shall be adopted in response to changes in demographic
trends for fish, emerging trends in the trade of fish and other aquatic
products in domestic and international markets, and the law of supply
and
demand;
b. to limit access to the
fishery and aquatic resources of the Philippines for the exclusive use
and enjoyment of Filipino citizens;
c. to ensure the rational
and sustainable development, management and conservation of the fishery
and aquatic resources in Philippine water including the Exclusive
Economic
Zone (EEZ) and in the adjacent high seas, consistent with the
primordial
objective of maintaining a sound ecological balance, protecting and
enhancing
the quality of the environment;
d. to protect the rights
of fisherfolk, especially of the local communities with priority to
municipal
fisherfolk, in the preferential use of the municipal waters. Such
preferential
use, shall be based on, but not limited to, Maximum SustainableYield (MSY) or Total
Allowable
Catch (TAC) on the basis of resources andecological conditions,
and
shall be consistent with our commitments underinternational
treaties
and
agreement;
e. to provide support to
the fishery sector, primarily to the municipal fisherfolk,including women and
youth
sectors, through appropriate technology andresearch, adequate
financial,
production, construction of post-harvest facilities,marketing assistance,
and
other services. The he protection of municipal fisherfolk
against foreign
intrusion
shall extend to offshore fishing grounds. Fishworkers
shall receive a just
share
for their labor in the utilization of marine and fishery
resources;
f. to manage fishery and
aquatic resources, in a manner consistent with the concept of an
integrated
coastal area management in specific natural fishery management areas,
appropriately
supported by research, technical services and guidance provided by the
State; and
g. to grant the private sector
the privilege to utilize fishery resources under the basic concept that
the grantee, licensee or permittee thereof shall not only be aprivileged
beneficiary
of
the State but also an active par participant and partner of theGovernment in the
sustainable
development, management, conservation andprotection of the l;
fishery
and aquatic resources of the country.
The State shall ensure the
attainment of the following objectives of the fishery sector;
1.
Conservation,
protection and sustained management of the country's fishery and
aquatic
resources;
2. Poverty
alleviation and
the provision of supplementary livelihood among municipal fisherfolk;
3. Improvement of
productivity
of aquaculture within ecological limits;
4. Optimal
utilization of
offshore and deep-sea resources; and
5.
Upgrading of
post-harvest
technology.
Sec. 3. Application
of its
Provisions. - The provisions of this Code shall be enforced in:
a. all
Philippine
waters including other waters over which the Philippines hassovereignty and
jurisdiction,
and the country's 200-nautical mile Exclusive Economic Zone (EEZ) and
continental
shelf;
b. all aquatic and
fishery
resources whether inland, coastal or offshore fishing areas, including
but not limited to fishponds, fish pens/cages; and
c. all lands
devoted to aquaculture,
or businesses and activities relating to fishery,
whether
private or
public
lands.
Sec. 4.
Definition of
Terms.
- As used in this Code, the following terms and phrases shall mean as
follows:
1. Ancillary Industries -
firms or companies related to the supply, construction and maintenance
of fishing vessels, gears, nets and other fishing paraphernalia;
fishery
machine shops; and other facilities such as hatcheries, nurseries, feed
plants, cold storage and refrigeration, processing plants and other
pre-harvest
and post-harvest facilities.
2. Appropriate Fishing Technology-
adaptable technology, both in fishing and ancillary industries, that is
ecologically sound, locally source-based and labor intensive.
3. Aquaculture - fishery
operations involving all forms of raising and culturing fish and other
fishery species in fresh, brackish and marine water areas.
4. Aquatic Pollution - the
introduction by human or machine, directly or indirectly, of substances
or energy to the aquatic environment which result or is likely to
result
in such deleterious effects as to harm living and non-living aquatic
resources,
pose potential and/or real hazard to human health, hindrance to aquatic
activities such as fishing and navigation, including dumping/disposal
of
waste and other marine litters, discharge of petroleum or residual
products
of petroleum Of carbonaceous materials/substances, and other,
radioactive,
noxious or harmful liquid, gaseous or solid substances, from any water,
land or air transport or other human-made structure. Deforestation,
unsound
agricultural practices such as the use of banned chemicals and
excessive
use of chemicals, intensive use of artificial fish feed, and wetland
conversion,
which cause similar hazards and deleterious effects shall also
constitute
aquatic pollution.
5. Aquatic Resources - includes
fish, all other aquatic flora and fauna and other living resources of
the
aquatic environment including, but not limited to, salt and corals.
6. Artificial Reef i - any
structure of natural or man-made materials placed on a body of water to
serve as sheller and habitat, source of food, breeding areas for
fishery
species and shoreline protection.
7. Catch Ceilings - refer
to the annual catch limits allowed to be taken, gathered or harvested
from
any fishing area in consideration of the need to prevent overfishing
and
harmful depletion of breeding stocks of aquatic organisms.
8. Closed Season - the period
during which the taking of specified fishery species by a specified
fishing
gear is prohibited in a specified area or areas in Philippines waters.
9. Coastal Area/Zone - is
a band of dry land and adjacent ocean space (water and submerged land)
in which terrestrial processes and uses directly affect oceanic
processes
and uses, and vice versa; its geographic extent may include areas
within
a landmark limit of one (1) kilometer from the shoreline at high tide
to
include mangrove swamps, brackish water ponds, nipa swamps, estuarine
rivers,
sandy beaches and other areas within a seaward limit of 200 meters
isobath
to include coral reefs, algal flats, seagrass beds and other
soft-bottom
areas.
10. Commercial Fishing -
the taking of fishery species by passive or active gear for trade,
business
or profit beyond subsistence or sports fishing to be further classified
as:
1.
Small
scale commercial
fishing - fishing with passive or active gear utilizing fishing vessels
of 3.1 gross tons (GT ) up to twenty (20) GT;
2. Medium
scale
commercial
fishing - fishing utilizing active gears and vessels of 20.1 GT; up to
one hundred fifty ( 150) GT; and
3. Large
scale
commercial
fishing - fishing utilizing active gears and vessels of more than one
hundred
fifty (150) GT.
11. Commercial Scale - a
scheme
of producing a minimum harvest per hectare per year of milkfish or
other
species including those raised in pens, cages, and tanks to be
determined
by the Department in consultation with the concerned sectors:
12. Coral - the hard calcareous
substance made up of the skeleton of marine coelenterate polyps which
include
reefs, shelves and atolls or any of the marine coelenterate animals
living
in colonies where their skeletons form a stony mass. 'They include: (a)
skeletons of anthozoan coelenterates characterized as having a rigid
axis
of compact calcareous or horny spicules, belonging to the genus
corallium
as represented by the red, pink, and white corals which are considered
precious corals; (b) skeletons of anthozoan coelenterates characterized
by thorny, horny axis such as the antipatharians represented by the
black
corals which are considered semi-precious corals; and (c) ordinary
corals
which are any kind of corals that are not precious nor semi-precious.
13. Coral Reef - a natural
aggregation of coral skeleton, with or without living coral polyps,
occurring
in interlidal and subtidal marine waters.
14. Demarcated Areas - boundaries
defined by markers and assigned exclusively to specific individuals or
organizations for certain specified and limited uses such as:
a.
Aquaculture,
sea ranching and sea farming;
b. Fish aggregating
devices;
c. Fixed and
passive
fishing
gears; and
d. Fry and
fingerlings
gathering.
15.
Department - shall
mean
the Department of Agriculture.
16. Electrofishing - the
use of electricity generated by batteries, electric generator and other
source of electric power to kill, stupefy, disable or render
unconscious
fishery species, whether or not the same are subsequently recovered.
17. Endangered, Rare and/or
Threatened Species - aquatic plants, animals, including some varieties
of corals and sea shells in danger of extinction as provided for in
existing
fishery laws, rules and regulations or in the Protected Areas and
Wildlife
Bureau of the Department of Environment and Natural Resources (DENR)
and
in the Convention of the International Trade of Endangered Species of
Flora
and Fauna (CITES).
18. Exclusive Economic Zone
(EEZ) - an area beyond and adjacent to the territorial sea which shall
not extend beyond 200 nautical miles from the baselines as defined
under
existing laws.
19. FARMCs - the Fisheries
and Aquatic Resources Management Councils
20. Farm-to-Market Roads
- shall include roads linking the fisheries production sites, coastal
landing
points and other post-harvest facilities to major market and arterial
roads
and highways.
21. Fine Mesh Net - net with
mesh size of less than three centimeters (3 cm.) measured between two
(2)
opposite knots of a full mesh when stretched or as otherwise determined
by the appropriate government agency.
22. Fish and Fishery/Aquatic
Products - include not only finfish but also mollusks, crustaceans,
echinoderms,
marine mammals, and all other species of aquatic flora and fauna and
all
other products of aquatic living resources in any form.
23. Fish Cage - refers to
an enclosure which is stationary or floating made up of nets or screens
sewn or fastened together and installed in the water with opening at
the
surface or covered and held in a place by wooden/bamboo posts or
various
types of anchors and floats.
24. Fish Corral or "Baklad"
- a stationary weir or trap devised to intercept and capture fish
consisting
of rows of bamboo stakes, plastic nets and other materials fenced with
split bamboo mattings or wire mattings with one or more enclosures,
usually
with easy entrance but difficult exit, and with or without leaders to
direct
the fish to the catching chambers, purse or bags.
25. Fish fingerlings - a
stage in the life cycle of the fish measuring to about 6-13 cm.
depending
on the species.
26. Fish fry - a stage at
which a fish has just been hatched usually with sizes from 1-2.5 cm.
27. Fish pen - an artificial
enclosure constructed within a body of water for culturing fish and
fishery/aquatic
resources made up of poles closely arranged in an enclosure with wooden
materials, screen or nylon netting to prevent escape of fish.
28. Fisherfolk - people directly
or personally and physically engaged in taking and/or culturing and
processing
fishery and/or aquatic resources.
29. Fisherfolk Cooperative
- a duly registered association of fisherfolk with a common bond of
interest
who have voluntarily joined together to achieve a lawful common social
or economic end, making equitable contribution to the capital
requirement
and accepting a fair share of the risks and benefits of the
undertakings
in accordance with universally accepted cooperative principles.
30. Fisherfolk Organization
- an organized group association, federation, alliance or an
institutions
of fisherfolk which has at least fifteen (15) members, a set of
officers,
a constitution and by-laws, an organizational structure and a program
of
action.
31. Fisheries - refers to
all activities relating to the act or business of fishing, culturing
preserving
processing marketing, developing, conserving and managing aquatic
resources
and the fishery areas, including the privilege to fish or take aquatic
resource thereof.
32. Fish Pond - a land-based
facility enclosed with earthen or stone material to impound water for
growing
fish.
33. Fishing Boat/Gear License
- a permit to operate specific types of fishing boat/gear for specific
durations in areas beyond municipal waters for demersal or pelagic
fishery
resources.
34. Fishery Management Areas
- a bay, gulf, lake or any other fishery area which may be delineated
for
fishery resource management purposes.
35. Fishery Operator - one
who owns and provides the means including land, labor, capital, fishing
gears and vessels, but does not personally engage in fishery.
36. Fishery Refuge and Sanctuaries
- a designated area where fishing or other forms of activities which
may
damage the ecosystem of the area is prohibited and human access may be
restricted.
37. Fishery Reserve - a designated
area where activities are regulated and set aside for educational and
research
purposes.
38. Fishery Species - all
aquatic flora and fauna including but not restricted to, fish, algae,
coelenterates,
mollusks, crustaceans, echinoderms and cetaceans.
39. Fishing - the taking
of fishery species from their wild state or habitat, with or without
the
use of fishing vessels.
40. Fishing gear - any instrument
or device and its accessories utilized in taking fish and other fishery
species.
a.
Active
fishing
gear - is a fishing device characterized by gear movements, and/or the
pursuit of the target species by towing, lifting, and pushing the
gears,
surrounding, covering, dredging, pumping and seating the target species
to impoundments; such as, but not limited to, trawl, purse seines,
Danish
seines, bagnets, paaling, drift gill net and tuna longline .
b.
Passive fishing
gear -
is characterized by the absence of gear movements and/or the pursuit of
the target species; such as, but not limited to, hook and line,
fishpots,
traps and gill nets across the path of the fish.
41. Fishing vessel - any
boat,
ship or other watercraft equipped to be used for taking of fishery
species
or aiding or assisting one (1) or move vessels in the performance of
any
activity relating to fishing, including, but not limited to,
preservation,
supply, storage, refrigeration, transportation and/or processing.
42. Fishing with Explosives
-the use of the dynamite, other explosives or other chemical compounds
that contains combustible elements or ingredients which upon ignition
by
friction, concussion, percussion or detonation of all or parts of the
compound
will kill, stupefy, disable or render unconscious any fishery species.
It also refers to the use of any other substance and/or device which
causes
an explosion that is capable of producing the said harmful effects on
any
fishery species and aquatic resources and capable of damaging and
altering
the natural habitat.
43. Fishing with Noxious
or Poisonous Substances - he use of any substance, plant extracts or
juice
thereof, sodium cyanide and/or cyanide compounds or other chemicals
either
in a raw or processed form, harmful or harmless to human beings, which
will kill, stupefy, disable or render unconscious any fishery species
and
aquatic resources and capable of damaging and altering the natural
habitat.
44. Fishworker - a person
regularly or not regularly employed in commercial fishing and related
industries,
whose income is either in wage, profit-sharing or stratified sharing
basis,
including those working in fishpens, fish cages, fish corrals/traps,
fishponds
prawn farms sea farms, salt beds, fish ports, fishing boat or trawlers,
or fish processing and/or packing plants Excluded than this category
are
administrators, security guards and overseers.
45. Food Security - refers
to any plan policy or strategy aimed at ensuring adequate supplies of
appropriate
food at affordable prices. Food security may be achieved through
self-sufficiency
(i. e. ensuring adequate food supplies from domestic production)
through
self-reliance (i. e. ensuring adequate food supplies through a
combination
of domestic production and importation) or through pure importation.
46. Foreshore Land - a string
of land margining a body of water: the part of a seashore between the
low-water
line usually at the seaward margin of a low tide terraces and the upper
limit of wave wash at high tide usually marked by a beach scarp or berm.
47. Fully-developed I Fishpond
Area - a clean leveled are a enclosed by dikes at least one fool higher
than the highest floodwater level in the locality and strong enough lo
resist pressure at the highest flood tide; consists of all least a
nursery
pond, a transition pond a rearing pond or a combination of any or all
said
classes of ponds and a functional water control system and producing in
a commercial scale
48. Gross Tonnage - includes
the underdeck tonnage permanently enclosed spaces above the tonnage
deck
except for certain exemptions In broad terms all the vessel's
'closed-in'
spaces expressed in volume terms on the bases of one hundred cubic feet
(that equals one gross ton)
49. Inland Fishery - the
freshwater fishery and brackish water fishponds
50. Lake - an inland body
of water an expanded part of a river a reservoir formed by a dam or a
lake
basin intermittently or formerly covered by water.
51. Limited Access - a fishery
policy by which a system of equitable resource use and allocation is
established
by law through fishery rights granting and licensing procedure as
provided
by this Code.
52. Mangroves - a community
of intertidal plants including all species of trees shrubs, vines and
herbs
found on coasts swamps or border of swamps.
53. Maximum Sustainable Yield
(MSY) - is the largest average quantity of' fish that can be harvested
from a fish stocks/resource within a period of time (e. g. one year) on
a sustainable basis under existing environmental conditions.
54. Migratory species - refers
to any fishery species which in the course of their life could travel
from
freshwater to marine water or vice versa, or any marine species which
travel
over great distances in waters of the ocean as part of their behavioral
adaptation for survival and speciation;
(a)
Anadromous species
- marine fishes which migrate to freshwater areas to spawn;
(b
Catadromous
species -
freshwater fishes which migrate to marine areas to spawn.
a. Monitoring - the requirement
of continuously observing: (1) fishing effort which can be expressed by
the number of days or hours of fishing, number of fishing gears and
number
of fisherfolk; (2) characteristics of fishery resources; and (3)
resource
yields (catch);
b. Control - the regulatory
conditions (legal framework) under which the exploitation, utilization
and disposition of the resources may be conducted; and
c. Surveillance - the degree
and types of observations required to maintain compliance with
regulations.
56. Municipal fisherfolk
- persons who are directly or indirectly engaged in municipal fishing
and
other related fishing activities.
57. Municipal fishing - refers
to fishing within municipal waters using fishing vessels of three (3)
gross
tons or less, or fishing not requiring the use of fishing vessels.
58. Municipal waters - 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 Republic Act No. 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 so 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 the opposite shore of the respective
municipalities.
59. Non-governmental organizations
(NGO) - an agency, institution, a foundation or a group of persons
whose
purpose is to assist peoples organizations/associations in various ways
including, but not limited to, organizing education, training,,
research
and/or resource accessing.
60. Payao - a fish aggregating
device consisting of it floating raft anchored by a weighted line with
suspended materials such as palm fronds to attract pelagic and
schooling
species common in deep waters.
61. Pearl Farm Lease
-
public
waters leased for the purpose of producing cultured
62. People's Organization
- a bonafide association of citizens with demonstrated capacity to
promote
the public interest and with identifiable leadership, membership and
structure.
Its members belong to a sector/s who voluntarily band themselves
together
to work for and by themselves for their own upliftment, development and
greater good.
63. Person - natural or juridical
entities such as individuals, associations, partnership, cooperatives
or
corporations
64. Philippine waters - include
all bodies of water within the Philippine territory such as lakes,
rivers,
streams, creeks, brooks, ponds, swamps,, lagoons, gulfs, bays and seas
and other bodies of water now existing or which may hereafter exist in
the provinces, cities, municipalities, and barangays and the waters
around,
between and connecting the islands of the archipelago regardless of
their
breadth and dimensions, the territorial sea, the sea beds, the insular
shelves and all other waters over which the Philippine bits sovereignty
and jurisdiction, including the 200-nautical miles exclusive economic
zone
and the continental shelf.
65. Post-harvest facilities
- these facilities include, but are not limited to, fishport,
fishlanding,
ice plants and cold storages, fish processing plants.
66. Purse Seine - a form
of encircling net having a line at the bottom passing through rings
attached
to the net, which can be drawn or pursed. In general, the net is set
from
a boat or pair of boats around the school of fish. The bottom of the
net
is pulled closed with the purse line. The net is then pulled aboard the
fishing boat or boats until JTC fish are concentrated in the bunt or
fish
bag.
67. Resource Rent - the difference
between the value of the products produced from harvesting a publicly
owned
resource less the cost of producing it, where cost includes the normal
return to capital and normal return to labor.
68. Sea farming - the stocking
of natural or hatchery- produced marine plants or animals, under
controlled
conditions, for purposes of rearing and harvesting, but not limited to
commercially-important fishes, mollusks (such as pearl and giant clam
culture), including seaweeds and seagrasses.
69. Sea ranching - the release
of the young of fishery species reared in hatcheries and nurseries into
natural bodies of water for subsequent harvest at maturity or the
manipulation
of fishery habitat, to encourage the growth of the wild stocks.
70. Secretary - the Secretary
of the Department of Agriculture.
71. Superlight - also called
magic light, is a type of light using halogen or metal halide bulb
which
may be located above the sea surface or submerged in the water. It
consists
of a ballast, regulator, electric cable and socket. The source of
energy
comes from a generator, battery or dynamo coupled with the main engine.
72. Total Allowable Catch
(TAC) - the maximum harvest allowed to be taken during a given period
of
time from any fishery area, or from any fishery species or group of
fishery
species, or a combination of area and species and normally would not
exceed
the MSY.
73. Trawl - an active fishing
gear consisting of a bag shaped net with or without otter boards to
open
its opening which is dragged or towed along the bottom or through the
water
column to take fishery species by straining them from the water,
including
all variations and modifications of trawls (bottom, mid-water, and baby
trawls) and tow nets.
CHAPTER 11
UTILIZATION, MANAGEMENT, DEVELOPMENT, CONSERVATION AND ALLOCATION
SYSTEM
OF FISHERIES AND AQUATIC RESOURCES
Sec. 5. Use
of
Philippine
Waters. - The use and exploitation of the fishery and aquatic
resources in
Philippine
waters shall be reserved exclusively to Filipinos: Provided, however,
That
research and survey activities may be allowed under strict regulations,
for purely research, scientific, technological and educational purposes
that would also benefit Filipino citizens.
Sec. 6. Fees and Other
Fishery Charges. - The rentals for fishpond areas covered by the
Fishpond
Lease Agreement (FLA) and license fees for Commercial Fishing Boat
Licenses
(CFBL) shall be set at levels that reflect resource rent accruing from
the utilization of resources and shall be determined by the Department:
Provided,That the Department shall also prescribe fees and other
fishery
charges and issue the corresponding license or permit for fishing;
gear,
fishing accessories and other fishery activities beyond the municipal
waters:
Provided, further, that the license fees of fishery activity in
municipal
waters shall be determined by the Local Government Units (LGUs) in
consultation
with the FARMCs. The FARMCs may also recommend the appropriate license
fees that will be imposed.
Sec. 7. Access to Fishery
Resources. - The Department shall issue such number of licenses and
permits for the conduct of fishery activities subject to the limits of
the MSY of the resource as determined by scientific studies or best
available
evidence. Preference shall be given to resource users in the local
communities
adjacent or nearest to the municipal waters.
Sec. 8. Catch Ceiling
Limitations. - The Secretary may prescribe limitations or quota on
the total quantity of fish captured, for a specified period of time and
specified area based on the best available evidence. Such a catch
ceiling
may be imposed per species of fish whenever necessary and practicable:
Provided, however, that in municipal waters and fishery management
areas,
and waters under the jurisdiction of special agencies, catch ceilings
may
be established upon the concurrence and approval or recommendation of
such
special agency and the concerned LGU in consultation with the FARMC for
conservation or ecological purposes.
Sec. 9. Establishment
of Closed Season. - The Secretary may declare,through public notice
in at least two (2) newspapers of general circulation or in public
service
announcements, whichever is applicable, at least five (5) days before
the
declaration, a closed season in any or all Philippine waters outside
the
boundary of municipal waters and in bays, for conservation and
ecological
purposes. The Secretary may include waters under the jurisdiction of
special
agencies, municipal waters and bays, and/or other areas reserved for
the
use of the municipal fisherfolk in the area to be covered by the closed
season: Provided, however, That this shall be clone only upon
the
concurrence and approval or recommendation of such special agency and
the
concerned LGU and FARMC: Provided, further, That in municipal
waters,
fishery management areas and other areas reserved for the use of the
municipal
fisherfolk, closed season may be established by the concerned LGU ill
consultation
with the FARMC for conservation or ecological purposes. The FARMCs may
also recommend the establishment of' closed seasons in municipal
waters,
fisheries management and other areas reserved for the use of the
municipal
fisherfolk
Sec. 10. Introduction
of Foreign Aquatic Species. - No foreign finfish, mollusk,
crustacean
or aquatic plants shall be introduced in Philippine waters without a
sound
ecological, biological and environmental justification based on
scientific
studies subject to the bio-safety standard as provided for by existing
laws Provided, however, That the Department may approve the
introduction
of foreign aquatic species for scientific/research purposes
Sec. 11. Protection of
Rare, Threatened and Endangered Species. - The Department shall
declare
closed seasons and take conservation and rehabilitation measures for
rare,
threatened and endangered species, as it may determine, and shall ban
the
fishing and/or taking of rare, threatened and/or endangered species,
including
their eggs/offspring as identified by existing laws in concurrence with
concerned government agencies.
Sec. 12. Environmental
Impact Statement (EIS). - All government agencies as well as
private
corporations, firms and entities who intend to undertake activities or
projects which will affect {he quality of the environment shall be
required
to prepare a detailed Environmental Impact Statement (EIS) prior to
undertaking
such development activity. I he preparation of the EIS shall form an
integral
part Or the entire planning process pursuant to the provisions of P.D.
No. 1586 as well as its implementing rules and regulations.
Sec. 13. Environmental
Compliance Certificate (ECC). - All Environmental Impact
Statements
(EIS) shall be submitted to the Department of Environment and Natural
Resources
(DENR) for review and evaluation. No person, natural or judicial, shall
undertake any development project without first securing an
Environmental
Compliance Certificate (ECC) from the Secretary of the DENR.
Sec. 14. Monitoring Control
and Surveillance of the Philippine Waters. - A monitoring, control
and surveillance system shall be established by the Department in
coordination
with LGUs, FARMCs, the private sectors and other agencies concerned to
ensure that the fisheries and aquatic resources in the Philippine
waters
are judiciously and wisely utilized and managed on a sustainable basis
and conserved for the benefit and enjoyment exclusively of Filipino
citizens.
Sec. 15. Auxiliary invoices.
- All fish and fishery products must have an auxiliary invoice to
be
issued by the LGUs or their duly authorized representatives prior to
their
transport from their point of origin to their point of destination in
the
Philippines and/or export purposes upon payment of a fee to be
determined
by the LGUs to defray administrative cost therefore.
ARTICLE
IMUNICIPAL
FISHERIES
Sec. 16. Jurisdiction
of the Municipal/City Governments. - The municipal/city government
shall have jurisdiction over municipal waters as defined in this Code.
The municipality/City government, in coordination with FARMC, enact
appropriate
ordinances for this purpose and in accordance with the National
Fisheries
Policy . The ordinance enacted by the municipality and component city
shall
be reviewed pursuant to RA 7160 by their sanggunian of the province
which
has jurisdiction over the same. The LGUs shall also enforce all fishery
laws, rules and regulations as well as valid fishery ordinances enacted
by the municipality/city councilor.
The management of contiguous
fishery resources such as bays which straddled several municipalities,
cities, and provinces, shall be done in an integrated manner and not
based
on political subdivisions of municipal waters in order to facilitate
their
management as single resource systems. The LGUs which share or border
such
resources may group themselves and coordinate with each other to
achieve
the objectives of integrated fishery resource management. The
integrated
Fisheries and Aquatic Resource Management Councils (FARMCs) established
under Section 76 of this Code shall serve as the venues for close
collaboration
among LGUs in the management of contiguous resources.
Sec. 17. Grant of fishing
privileges in municipal waters. - The duly registered fisherfolk
organization/cooperatives
shall have preferences in the grant of fishery rights by the
Municipal/City
Council pursuant to Section 149 of the Local Government Code: Provided,
that the in the area where there are special agencies or offices vested
with jurisdiction over municipal water by virtue of special law
creating
these agencies such as, but not limited to the Laguna Lake Development
Authority and the Palawan Council for Sustainable Development, said
offices
and agencies shall continue to grant permits for proper management and
implementation of the aforementioned structures.
Sec. 18. Users of Municipal
Waters. - All fishery related activities in municipal waters, as
defined
in this Code, shall be utilized by municipal fisherfolk and their
cooperatives/organizations
who are listed as such in the registry of municipal fisherfolk.
The municipal or city government,
however, may, through its local chief executive and acting pursuant to
an appropriate ordinance, authorize or permit shall and medium
commercial
fishing vessels to operate within the then point one (10.1) to fifteen
(15) kilometer area from the shoreline in municipal waters as defined
herein,
provided, that all the following are met:
a. no commercial fishing
in municipal waters with depth less than seven (7) fathoms as certified
by the appropriate agency;
b. fishing activities utilizing
methods and gears that are determined to be consistent with national
polices
set by the Department.
c. prior consultation, through
public hearing, with the M/CFARMC has been conducted; and
d. the applicant vessel as
well as the ship owner, employer, captain and crew have been certified
by the appropriate agency as not having violated this Code,
environmental
laws and related laws.
In no case shall the authorization
or permit mentioned above be granted for fishing in bays as determined
by the Department to be in an environmentally critical condition and
during
closed season as provided for in Section 9 of this Code.
Sec. 19. Registry of Municipal
Fisherfolk. - The LGU shall maintain a registry of municipal
fisherfolk,
who are fishing or may desire to fish in municipal waters for the
purpose
of determining priorities among them, of limiting entry into the
municipal
waters, and of monitoring fishing activities and/or other related
purposes: Provided, That the FARMC shall submit to the LGU the
list of
priorities
for its consideration.
Such list or registry shall
be updated annually or as may be necessary, and shall be posted in
barangay
halls or other strategic locations where it shall be open to public
inspection,
for the purpose of validating the correctness and completeness of the
list.
The LGU, in consultation with the FARMCs, shall formulate the necessary
mechanisms for inclusion or exclusion procedures that shall be most
beneficial
to the resident municipal fisherfolk. The FARMCs may likewise recommend
such mechanisms.
The LGUs shall also maintain
a registry of municipal fishing vessels by type of gear and other boat
particulars with the assistance of the FARMC.
Sec. 20. Fisherfolk Organizations
and/or Cooperatives. - Fisherfolk organizations/ cooperatives whose
members are listed in the registry of municipal fisherfolk, may be
granted
use of demarcated fishery areas to engage in fish capture, mariculture
and/or fish farming: Provided, however, That an
organization/cooperative
member whose household is already in possession of a fishery right
other
than for fish capture cannot enjoy the fishing rights granted to the
organization
or cooperative.
Sec. 21. Priority of Resident
Municipal Fisherfolk. - Resident municipal fisherfolk of the
municipality
concerned and their organizations/cooperatives shall have priority to
exploit
municipal and demarcated fishery areas of the said municipality.
Sec. 22. Demarcated Fishery
Right. - The LGU concerned shall grant demarcated fishery rights to
fishery
organizations/cooperatives for mariculture operation in specific areas
identified by the Department.
Sec. 23. Limited Entry
Into Overfished Areas. - Whenever it is determined by the LGUs and
the Department that a municipal water is overfished based on available
data or information or in danger of being overfished, and that there is
a need to regenerate the fishery resources in that water, the LGU shall
prohibit or limit fishery activities in the said waters.
Sec. 24. Support to Municipal
Fisherfolk. - The Department and the LGUs shall provide support to
municipal fisherfolk through appropriate technology and research,
credit,
production and marketing assistance and other services such as, but not
limited to training for additional/supplementary livelihood.
Sec. 25. Rights and Privileges
of Fishworkers. - The fishworkers shall be entitled to the
privileges
accorded to other workers under the Labor Code, Social Security System
and other benefits under other laws or social legislation for workers: Provided,
That fishworkers on board any fishing vessels
engaged
in fishing operations are hereby covered by the Philippine Labor Code,
as amended.
ARTICLE
II.COMMERCIAL
FISHERIES
Sec. 26. Commercial Fishing
Vessel License and Other Licenses. - No person shall
operate
a commercial fishing vessel, pearl fishing vessel or fishing vessel for
scientific, research or educational purposes, or engage in any fishery
activity, or seek employment as a fishworker or pearl diver without
first
securing a license from the Department, the period of which shall be
prescribed
by the Department: Provided, That no such license shall be
required
of a fishing vessel engaged in scientific, research or educational
purposes
within Philippine waters pursuant to an international agreement of
which
the Philippines is a signatory and which agreement defines the status,
privileges and obligations of said vessel and its crew and the
non-Filipino
officials, of the international agency under which said vessel
operates; Provided, further, that members of the crew of a
fishing
vessel
used for commercial fishing except the duly licensed and/or authorized
patrons, marine engineers, radio operators and cooks shall be
considered
as fisherfolk: Provided, furthermore, That all skippers/master
fishers
shall be required to undertake an orientation training on detection of
fish caught by illegal means before they can be issued their fishworker
licenses: Provided, |finally, That the large commercial fishing vessel
license herein authorized to he granted shall allow the licensee to
operate
only in Philippine waters seven (7) or more fathoms deep, the depth to
be certified by the NAMRIA, and subject to the conditions that may be
stated
therein and the rules and regulations that may be promulgated by the
Department.
Sec. 27. Persons Qualified
for Commercial Fishing Vessel License. - No commercial fishing
vessel
license shall be issued except to citizens of the Philippines
partnerships
or to associations, cooperatives or corporations duly registered in the
Philippines at least sixty percent (60%) of the capital stock of which
is owned by Filipino Citizens. No person to whom a license has been
issued
shall sell, transfer or assign, directly or indirectly his stock or
interest
therein to any person not qualified to hold a license. Any such
transfer,
sale or assignment shall be null and void and shall not be registered
in
the hooks of' the association, cooperative or corporation.
For purposes of commercial
fishing, fishing vessels owned by citizens of the Philippines,
partnerships,
corporations, cooperatives or associations qualified under this section
shall secure Certificates of Philippines Registry and such other
documents
as arc necessary for fishing operations from the concerned agencies
Provided,
'that the commercial fishing vessel license shall be valid for a period
to be determined by the Department
Sec. 28. Commercial Fishing
Vessels Registration. - The registration, documentation,
inspection
and manning of the operation of all types of fishing vessels plying
Philippines
waters shall be in accordance with existing laws, rules and regulations.
Sec. 29. Registration
and licensing of Fishing Gears Used in Commercial Fishing. - Before
a commercial fishing vessel holding a commercial fishing vessel license
may begin fishing operations in Philippine waters, the fishing gear it
will utilize in fishing shall be registered and a license granted
therefore.
The Department shall promulgate guidelines to implement this provision
within sixty (60) days from approval of this Code.
Sec. 30. Renewal of Commercial
Boat License. - The commercial fishing boat license shall be
renewed
every three (3) years.
The owner/operator of a fishing
vessel has a period of sixty (60) days prior to theexpiration of the
license
within which to renew the same.
Sec. 31. Report of Transfer
of Ownership. - The owner/operator of a registered fishingvessel
shall notify the
Department in writing of the transfer of the ownership of the vessel
with
a copy of such document within ten (10) clays after its transfer to
another
person.
Sec. 32. Fishing by Philippine
Commercial Fishing Fleet in International Waters. -
Fishing vessels of
Philippines
registry may operate in international waters or waters of other
countries
which allow such fishing operations: Provided, that they comply
with the safety, manning and other requirements of the Philippine Coast
Guard, Maritime Industry Authority and other agencies concerned: Provided,
however, That they secure an international fishing permit and
certificate
of clearance from the Department: Provided, further That the fish
caught
by such vessels shall be considered as caught in Philippine waters and
therefore not subject to all import duties and taxes only when the same
is landed in duly designated fish landings and fish ports in the
Philippines: Provided, furthermore, That landing ports
established by
canneries,
seafood processors and all fish landing sites established prior to the
effectivity of this Code shall he considered authorized landing sites:
Provided, Finally, that fishworkers on board Philippine registered
fishing vessels conducting fishing activities beyond the Philippine
Exclusive
Economic Zone are not considered as overseas Filipino workers.
Sec. 33. Importation of
Fishing Vessels or Construction of New Fishing Boats. - Prior to
the
importation of fishing vessels and the Construction of new fishing
vessels,
the approval/clearance of the Department must first be obtained
Sec. 34. Incentives for
Municipal and Small-Scale Commercial Fisherfolk. - Municipal and
small-scale
commercial fisherfolk shall he granted incentives which shall include,
but are not limited to, the following:
a.
at least
ten
percent (10%) of the credit and the guarantee funds of government
financing
institutions shall he made available for post-harvest and marketing
projects
for the purpose of enhancing our fisherfolk competitiveness by reducing
post-harvest losses. Qualified projects shall include but shall not he
limited to. ice plants, cold storage, canning, warehouse, transport and
other related infrastructure projects and facilities; and
b. the
Department
shall undertake
the following programs:
1.
a
capability-building
program for targeted parties shall he developed by the Department to
promote
greater bankability and credit worthiness of municipal and small-scale
commercial fisher Such program shall include organizing activities,
technology
transfer, and skills training related to commercial fishing as well as
credit management. Groups and cooperatives organized under the program
shall have priority access over' credit and guarantee funds established
under this Code;
2. and
an
information campaign
shall be conducted to promote the capability and credit programs The
campaign
shall ensure greater information dissemination and accessibility to
targeted
fisherfolk.
Sec. 35. Incentives
for Commercial
Fishers to Fish Farther Into the Exclusive Economic Zone (EEZ). -
In
order to encourage fishing vessel operators to fish farther in the EEZ
and beyond, new incentives for improvement of fishing vessels and
acquisition
of fishing equipment shall be granted in addition to incentive already
available from the Board of Investments (BOI). Such incentives shall be
granted subject to exhaustive evaluation of resource and exploitation
conditions
in the specified areas of fishing operations. The incentive shall
include
but not be limited to:
a.
long term
loans
supported by guarantee facilities to finance the building and
acquisition
and/or improvement of fishing vessels and equipment;
b.
commercial
fishing vessel
operators of Philippines registry shall enjoy a a limited period of tax
and duty exemptions Ott the importation of fishing vessels not more
than
five 5 years old, equipment and paraphernalia, the period of exemption
and guidelines shall be fixed by the Department within ninety (90) days
from the effectivity of this Code;
c.
commercial
fishing operator
of Philippines registry engaged in fisheries in the high seas shall be
entitled to duty and tax rebates on fuel consumption for commercial
fisheries
operations. Guidelines shall be promulgated within ninety (90) days
from
the effectivity of this Code by the Department and
d. all
applicable
incentives
available under the Omnibus investment Code of' 1987: Provided, That
the
fishing operation project is qualified for registration and is duly
registered
with the BOI.
Sec. 36. Complement
of Fishing
Vessels. - Every commercial fishing vessel of Philippine registry
when
actually operated, shall be manned in accordance with the requirements
of the Philippine Merchant Marine rules and regulations.
Sec. 37. Medical Supplies
and Life-Saving Devices. - All fishing vessels shall be provide
with
adequate medical supplies and life-saving devices to be determined by
the
Occupational Safety and Health Center: Provided, That a fishing vessel
of twenty (20) GT or more shall have as a member of' its crew a person
qualified as a first aider duly certified by the Philippine National
Red
Cross.
Sec. 38. Reportorial Requirements.
- Each commercial fishing vessel shall keep a daily record of fish
catch
and spoilage, landing points, and quantity and value of fish caught,
and
off-loaded for transshipment, sale and/or other disposal. Detailed
information
shall be duly certified by the vessel's captain and transmitted monthly
to the officer or representative of the Department, at the nearest
designated
landing point.
Sec. 39. Report of Meteorological
and Other Data. - All vessels and crafts passing navigational lanes
or engaged in fisheries activity shall be required to contribute to
meteorological
and other data, and shall assist the Department in documentation or
reporting
of information vita to navigation and the fishing industry.
Sec. 40. Color Code and
Radio Frequency. - For administrative efficiency and enforcement of
regulations, registered fishing vessels shall bear a color code as may
be determined by the Department and may be assigned a radio frequency
specific
and district to its area operation.
Sec. 41. Passage. -
Commercial and other passage not in the regular conduct of .nativity
shall
be made at designated navigational lanes.
Sec. 42. Transshipment.
- Foreign fishing vessels wishing to avail or of land, air and sea
facilities
available in the Philippines to transport fishery products which are
caught
outside Philippines territorial water to its final destination shall
call
only at duly designated government-owned or -controlled regional fish
port
complexes after securing clearance from the Department.
Sec. 43. Operation of
Radio Communication Facilities on Board Fishing Vessels. - the
Department
shall promulgate guidelines in the operation of radio communication
facilities
on board fishing vessels and the assignment of radio frequencies
specific
and distinct to area of operation in coordination with the National l
telecommunications
commission.
Sec. 44. Use of Superlight.
- The number and wattage of superlights used in commercial fishing
vessels shall be regulated by the Department: Provided, That
the
use of superlights is banned within municipal waters and bays.
ARTICLE
IIIAQUACULTURE
Sec. 45. Disposition of
Public Lands for Fishery Purposes. - Public lands such us tidal
swamps,
mangroves, marshes, foreshore lands and ponds suitable for fishery
operations
shall not be disposed or alienated. Upon effectivity of this Code, FLA
may be issued for public lands that may be declared available for
fishpond
development primarily to qualified fisherfolk
cooperatives/associations:
Provided, however, That upon the expiration of existing FLAs the
current
lessees shall be given priority and be entitled to an extension of
twenty-five
(25) years in the utilization of their respective leased areas.
thereafter,
such FLAs shall be granted to any Filipino citizen with preference,
primarily
to qualified fisherfolk cooperatives/associations as well as small and
medium enterprises as defined under RA 8289 provide further that, the
Department
shall declare as reservation, portions of available public lands
certified
as suitable for fishpond purposes for fish sanctuary, conservation, and
ecological purposes: Provided, finally, That two (2) years .after the
approval
of this Act, no fish pens or fish cages or fish traps shall be allowed
in lakes.
Sec. 46. Lease of Fishponds.
- Fishpond leased to qualified persons and fisherfolk
organizations/cooperatives
shall be subject to the following conditions:
a.
Areas
leased
for fishpond purposes shall be no more than 50) hectares for
individuals
and 250 hectares for corporations or fisherfolk organizations;
b. The
lease shall
be for
a period of twenty-five (25) years and renewable for another
twenty-live
(25) years: Provided,That in case of the death of the lessee, his
spouse
and/or children, as his heirs, shall have preemptive rights to the
unexpired
term of his Fishpond Lease Agreement subject to the same terms and
conditions
provided herein provided that the said heirs are qualified.
c. Lease
rates for
fishpond
areas shall be determined by the Department: Provided, That all fees
collected
shall be remitted to the National Fisheries Research and Development
institute
and other qualified research institutions to be used for aquaculture
research
development.
d. The
area leased
shall
be developed and producing on a commercial scale within three (3) years
from the approval of the lease contract: Provided, however, That all
areas
not fully producing within five (5) years from the date of approval of
the lease contract shall automatically revert to the public domain for
reforestation;
e. The
fishpond
shall not
be subleased, in whole or in part, and failure to comply with this
provision
shall mean cancellation of FLA;
f. The
transfer or
assignment
of rights to FLA shall be allowed only upon prior written approval of
the
Department;
g. The
lessee shall
undertake
reforestation for river banks, bays, streams and seashore fronting the
dike of his fishpond subject to the rules and regulations to be
promulgated
thereon; and the' lessee shall provide facilities that will minimize
environmental
pollution, i.e., settling ponds, reservoirs, etc: Provided,
That
failure to comply with this provision shall mean cancellation of FLA.
Sec. 47. Code
of
practice
for Aquaculture. - The Department shall establish a code of
practice
for aqua culture that will outline general principles and guidelines
for
environmentally- sound design and operation to promote the sustainable
development of the industry. Such code shall be developed through a
consultative
process with the DENR, (the fishworkers, FLA holders, fishpond owners,
fisherfolk cooperatives, small-scale operators, research institutions
and
the academe, and other potential stakeholders. The Department may
consult
with specialized international organizations in the formulation of the
code of practice.
Sec. 48. Incentives and
Disincentives for Sustainable Aquaculture Practices. - The
Department
shall formulate incentives and disincentives, such as, but not limited
to, effluent charges, user fees and negotiable permits, to encourage
compliance
with the environmental standards and to promote sustainable management
practices.
Sec. 49. Reversion of
all Abandoned, Undeveloped or Underutilized Fishponds. - The DENR,
in coordination with the Department, LGUs, other concerned agencies and
FARMCs shall determine which abandoned, undeveloped or underutilized
fishponds
covered by FLAs can be reverted lo their original mangrove state and
after
having made such determination shall take all steps necessary to
restore
such areas in their original mangroves state.
Sec. 50. Absentee Fishpond
Lease Agreement Holders. - holders of fishpond lease agreements who
have acquired citizenship in another country during the existence of'
the
FLA shall have their lease automatically canceled and the improvements
thereon to be forfeited in Favor of the government and disposed of in
accordance
with rules and regulations promulgated thereon.
Sec. 51. License to Operate
Fish Pens, Fish Gages, Fish Traps and Other Structures for the Culture
of Fish and Other Fishery Products. - Fish pens, fish capes, fish
traps
and other structures for the culture of fish and other fishery products
shall be constructed and shall operate only within established zones
duly
designated by LGUs in consultation with the
FARMC concerned consistent
with national fisheries policies after the corresponding licenses
thereof
have been secured. The area to be utilized for this purpose pose for
individual
person shall he determined by the LGUs in consultation with the
concerned
FARMC: Provided, however, that not over ten percent (10%) of
the
suitable water surface; area of all lakes and rivers shall be allotted
for aquaculture purposes like fish pens, fish cages and fish traps; and
the stocking density and feeding requirement which shall he controlled
and determined by its carrying capacity: Provided, further, that fish
pens
and fish cages located outside municipal waters shall he constructed
and
operated only within fish pen and fish cage belts designated by the
Department
and after corresponding licenses therefore have been secured and the
fees
thereof paid.
Sec. 52. Pearl Farm Leases.
- The foregoing provisions notwithstanding, existing pearl farm leases
shall he respected and allowed to operate under the terms thereof. New
leases may be granted to qualified persons who possess the necessary
capital
and technology, by the LGUs having jurisdiction over the area.
Sec. 53. Grant of
Privileges
Operations of Fish Pens, Cages, Corrals/traps and Similar Structures.
- No new concessions, licenses, permits, leases and similar privileges
for the establishment or operation of fish peas, fish cages, fish
corrals/traps
and other similar structures in municipal areas shall be granted except
to municipal fisherfolks and their organizations.
Sec. 54. Insurance for
Fishponds, Fish Cages and Fish Pens. - Inland fishponds, fish cages
and fish pens shall be covered under the insurance program of the
Philippines
Crop insurance Corporations for losses caused by force majeure
and
fortuitous events.
Sec. 55. Non Obstruction
to Navigation. - Nothing in the foregoing sections shall be
construed
as permitting the lessee, licensee, or permittee to undertake any
construction
which will obstruct the free navigations in any stream, river, lakes,
or
bays following through or adjoining the fish pens, fish cages, fish
traps
and fishponds, or impede the flow of the tide to and from the area. Any
construction made in violation hereof shall be removed Upon the order
of
the Department in coordination with the other government agencies
concerned
at the expense of the lessee, licensee, or occupants hereof whenever
applicable.
The Department shall within thirty (30) days after the effectivity of
this
Code formulate and implement rules and regulations for the immediate
dismantling
of existing obstruction to navigation
Sec. 56. Non-Obstruction
to Defined Migration Paths. - Nothing in the foregoing sections
shall
be construed as permitting the lessee, permittee or licensee to
undertake
any construction which will obstruct any defined migration path of
migratory
fish species such as river mouths and estuaries within a Distance
determined
by the concerned LGUs in consultation with and upon the recommendation
of the FARMCs
Sec. 57. Registration
of Fish/Hatcheries and Private Fishponds, etc. - All fish
hatcheries,
fish breeding facilities and private fishponds must he registered with
the LGUs which shall prescribe minimum standards for such facilities in
consultation with the Department Provided, 'That the Department shall
conduct
a yearly inventory of all fishponds fish pens and fish cages whether in
public or private lands: Provided , further, That all fishpond,
fish pen and fish cage operators shall annually report to the
Department
the type of species and volume of production in areas devoted to
aquaculture.
ARTICLE
IVPOST-HARVEST
FACILITIES
ACTIVITIES AND TRADES
Sec. 58. Comprehensive
Post-harvest and Ancillary Industries Plan. - The Department shall
conduct a regular study of fisheries post-harvest operations and
ancillary
industries in the formulations of a comprehensive plan for post-harvest
and ancillary industries It shall take into account, among others, the
following:
a.
detailed
and
clear guidelines on the distribution, construction,, maintenance and
use
of' post-harvest infrastructure facilities;
b.
extension of
credit and
incentives for post-harvest operations;
c.
promotion and
strengthening
of semi-processing, processing a and handling
d.
development of
domestic
fishmeal industry
e.
development of
fisheries
ship-building and repair as a viable industry;
f.
development and
strengthening
of marketing facilities and activities, including the pricing system,
with
emphasis on collecting marketing and the elimination of middlemen;
g.
increased
participation
of cooperatives and non-government organizations in post-harvest
operations
and ancillary industries; and
h.
integration of
fisheries
post-harvest operations into the national fisheries plan.
Sec. 59. Establishment
of
Post-Harvest Facilities for Fishing Communities. - The LGUs shall
coordinate
with the private sector and other concerned agencies and FARMCs in the
establishment of post-harvest facilities for fishing communities such
as,
but not limited to, municipal fish landing sites, fish ports, ice
plants
and cold storage and other fish processing establishments to serve
primarily
the needs of municipal fisherfolk: Provided, That such
post-harvest
facilities shall be consistent with the Comprehensive Post-harvest and
Ancillary Industries Plan.
Sec. 60. Registration
and Licensing of all Post-Harvest Facilities. - All post-harvest
facilities
such as fish processing plants, ice plants, and cold storages, fish
ports/landings
and other fishery business establishments must register with and be
licensed
by the LGUs which shall prescribe minimum standards for such facilities
in consultation with the Department.
Sec. 61. Importation and
Exportation of Fishery Products. -
a.
Export of
Fishery
products shall be regulated whenever such exportation affects domestic
food security and production: Provided, That exportation of
live
fish shall be prohibited except those which are hatched or propagated
in
accredited hatcheries and ponds.
b. To
protect and
maintain
the local biodiversity or ensure the sufficiency of domestic supply,
spawners,
breeders, eggs and fry of bangus, prawn and other endemic species, as
may
be determined by the Department, shall not be exported or caused to be
exported by any person;
c.
Fishery products
may be
imported only when the importation has been certified as necessary by
the
Department, in consultation with the FARMC, and all the requirements of
this Code, as well as all existing rules and regulations have been
complied
with: Provided, That fish imports for canning/processing
purposes
only may be allowed without the necessary certification, but within the
provisions of Section 61 (d) of this Code; and
d. No
person, shall
import
and/or export fishery products of whatever size, stage or form for any
purpose without securing a permit from the Department.
The
Department in
consultation
with the FARMC shall promulgate rules and regulations on importation
and
exportation of fish and fishery/aquatic resources with the Governments
export/import simplification procedures.
Sec. 62. Instruments
of Weights and Measures, and Quality Grades/Standards. - Standards
for weights, volume and other measurements for all fishery transactions
shall be set by the Department.
All fish and fishery products
for export, import and domestic consumption shall meet the quality
grades/standards
as determined by the Department.
The LGU concerned shall,
by appropriate ordinance, penalize fraudulent practices and unlawful
possession
or use of instruments of weights and measures.
CHAPTER III
RECONSTITUTION OF THE BUREAU OF FISHERIES AND AQUATIC CREATION OF
FISHERIES
AND AQUATIC RESOURCES MANAGEMENT COUNCILS AND RESOURCES
ARTICLE
IRECONSTITUTION
OF THE
BUREAU OF FISHERIES AND AQUATIC RESOURCES
Sec. 63. Creation of the
Position of Undersecretary for Fisheries and Aquatic Resources. -
There
is hereby created in the Department of Agriculture the position of
Undersecretary
for Fisheries and Aquatic Resources, solely for the purpose of
attending
to the needs of the fishing industry, to be appointed by the President.
Such Undersecretary shall have the following functions:
a.
set
policies
and formulate standards for the effective, efficient and economical
operations
of the fishing industry in accordance with the programs of the
government;
b.
exercise overall
supervision
over all functions and activities of all offices and instrumentalities
and other offices related to fisheries including its officers;
c.
establish, with
the assistance
of the director, such regional, provincial and other fishery officers
as
may be necessary and appropriate and organize the internal structure of
BFAR in such manner as is necessary of the efficient and effective
attainment
of its objectives and purposes; and
d.
perform such
other functions
as maybe necessary or proper to attain the objectives of this Code.
Sec. 64. Reconstitution
of
the BFAR. - The Bureau of Fisheries and Aquatic Resources (BFAR) is
hereby reconstituted as a line bureau under the Department of
Agriculture.
Sec. 65. Functions
of
the Bureau of Fisheries and Aquatic Resources. - As a line bureau,
the BFAR shall have the following functions:
a.
prepare
and implement
a Comprehensive National Fisheries Industry Development Plan;
b. issue
licenses
for the
operation of commercial fishing vessels;
c. issue
identification cards
free of charge to fishworkers engaged in commercial fishing;
d.
monitor and
review joint
fishing agreements between Filipino citizens and foreigners who conduct
fishing activities in international waters, and ensure that such
agreements
are not contrary to Philippine commitment under international treaties
and convention on fishing in the high seas;
e.
formulate and
implement
a Comprehensive Fishery Research and Development Program, such as, but
not limited to, sea farming, sea ranching, tropical/ornamental fish and
seaweed culture, aimed at increasing resource productivity, improving
resource
use efficiency, and ensuring the long-term sustainability of the
country's
fishery and aquatic resources;
f.
establish and
maintain
a Comprehensive Fishery Information System;
g.
provide
extensive development
support services in all aspects of fisheries production, processing and
marketing;
h.
provide advisory
services
and technical assistance on the improvement of quality of fish from the
time it is caught (i.e. on board fishing vessel, at landing areas, fish
markets, to the processing plants and to the distribution and marketing
chain);
i.
coordinate
efforts relating
to fishery production undertaken by the primary fishery producers, LGUs
FARMCs, fishery and organizations/cooperatives;
j. advise
and
coordinate
with LGUs on the maintenance of proper sanitation and hygienic
practices
in fish markets and fish landing areas;
k.
establish a
corps of specialists
in collaboration with the Department of National Defense, Department of
the Interior and Local Government, Department of Foreign Affairs for
the
efficient monitoring, control and surveillance of fishing activities
within
Philippine territorial waters and proved the necessary facilities,
equipment
and training therefor;
l.
implement an
inspection
system for import and export of fishery /aquatic products and fish
processing
establishments consistent with international standards to ensure
product
quality and safety;
m.
coordinate with
LGUs and
other concerned agencies for the establishment of productivity
enhancing
and market development programs in fishing communities to enable women
to engage in other fisheries/economic activities and contribute
significantly
to development efforts;
n.
enforce all
laws, formulate
and enforce all rules and regulations governing the conservation and
management
of fishery resources, except in municipal waters, and to settle
conflicts
of resource use and allocation in consultation with the NFARMC, LGUs
and
local FARMCs;
o.
develop
value-added fishery-products
for domestic consumption and export;
p.
recommend
measures for
the protection/enhancement of the fishery industries;
q. assist
the LGUs
in developing
their technical capability in the development, management, regulation,
conservation, and protection of fishery resources; and
r.
formulate rules
and regulations
for the conservation and management of straddling fish stocks and
highly
migratory fish stocks.
s.
perform such
other related
function which shall promote the development, conservation, management,
protection and utilization of fisheries and aquatic resources.
Sec. 66. Composition
of BFAR.
- As a line bureau, the BFAR shall be headed by a Director and assisted
by two (2) Assistant Directors who shall supervise the administrative
and
technical services of the bureau respectively. It shall establish
regional,
provincial and municipal offices as may be appropriate and necessary to
carry out effectively and efficiently the provisions of this Code.
Sec. 67. Fisheries
Inspection
and Quarantine Service. - For purposes of monitoring and
regulating
the importation and exportation of fish and fishery/aquatic resources,
the Fisheries Inspection and Quarantine Service in the BFAR is hereby
strengthened
and shall have the following functions:
a.
conduct
fisheries
quarantine and quality inspection of all fish and fishery/aquatic
products
coming into and going out of the country by air or water transport, to
detect the presence of fish pest and diseases and if found to harbor
fish
pests or diseases shall be confiscated and disposed of in accordance
with
environmental standards and practices;
b.
implement
international
agreements/ commitments on bio-safety and bio-diversity as well as
prevent
the movement or trade of endemic fishery and aquatic resources to
ensure
that the same are not taken out of the country;
c.
quarantine such
aquatic
animals and other fishery products determined or suspected to be with
fishery
pests and diseases and prevent the movement of trade form and/or into
the
country of these products so prohibited or regulated under existing
laws,
rules and regulations as well as international agreements of which the
Philippines is a State Party;
d.
examine all fish
and fishery
products coming into or going out of the country which may be a source
or medium of fish pests or diseases and/or regulated by existing
fishery
regulations and ensure that the equality of fish import and export meet
international standards; and
e.
document and
authorize
the movement or trade of fish and fishery products when found free of
fish
pests or diseases and collect necessary fees prescribed by law and
regulations.
ARTICLE
II.THE
FISHERIESANDAQUATIC
RESOURCES MANAGEMENT
COUNCILS(FARMCs)
Sec. 68. Development of
Fisheries and Aquatic Resources in Municipal Waters and Bays. -
Fisherfolk
and their organizations residing with in the geographical jurisdiction
of the barangays, municipalities or cities with the concerned LGUs
shall
develop the fishery/aquatic resources in municipal waters and bays.
Sec. 69. Creation of Fisheries
and Aquatic Resources Management Councils (FARMCs) . - FARMCs shall
be established in the national level and in all municipalities/cites
abutting
municipal waters as defined by this Code. The FARMCs shall be formed by
fisherfolk organizations/cooperatives and NGOs in the locality and be
assisted
by the LGUs and other government entities. Before organizing FARMCs,
the
LGUs, NGOs, fisherfolk, and other concerned POs shall undergo
consultation
and orientation on the formation of FARMCs.
Sec. 70. Creation and
Composition of the National Fisheries and Aquatic Resources Management
Council (NFARMC). - There is hereby created a National Fisheries
and
Aquatic Resources Management Council hereinafter referred to as NFARMC
as an advisory/recommendatory body to the Department. The NFARMC shall
be composed of fifteen (15) members consisting of:
a.
the
Undersecretary
of Agriculture, as chairman;
b. the
Undersecretary
of
the Interior and Local Government;
c. five (5) members
representing
the fisherfolk and fishworkers.
d. five (5) members
representing
the commercial fishing and aquaculture operators and the processing
sectors;
e. two (2) members
from
the academe; and
f. one (1)
representative
of NGO involved in fisheries
Sec. 71. Terms
of
Office.
- The members of the NFARMC, except for the Undersecretary of
Agriculture
and the Undersecretary of the Interior and local Government, shall
serve
for a term of three (3) years without reappointment.
Sec. 72. Functions
of
the NFARMC. - The NFARMC shall have the following functions:
a.
assist in
the
formulation of national policies for the protection, sustainable
development
and management of fishery and aquatic resources for the approval of the
Secretary;
b. assist
the
Department
in the preparation of the National Fisheries and Industry Development
Plan;
and
c.
perform such
other functions
as may be provided by law.
Sec. 73. The
Municipal/City
Fisheries and Aquatic Resources Management Councils (M/CFARMCs). -
The M/CFARMCs shall be created in each of the municipalities and cities
abutting municipal waters. However, the LGU may create the Barangay
Fisheries
and Aquatic Resources Management Councils (BFARMCs) and the Lake-wide
Fisheries
and Aquatic Resources Management Councils (LFARMCs whenever necessary.
Such BFARMCs and LFARMCs shall serve in an advisory capacity to the
LGUs.
Sec. 74. Functions of
the M/CFARMCs. - The M/CFARMCs shall exercise the following
functions:
a.
assist in
the
preparation of the Municipal Fishery Development Plan and submit such
plant
to the Municipal Development Council;
b.
recommend the
enactment
of municipal fishery ordinances to the sangguniang bayan/sangguniang
panlungsod
through its Committee on Fisheries;
c. assist
in the
enforcement
of fishery laws, rules and regulations municipal waters;
d. advise
the
sangguniang
Mayan/panlungsod on fishery matters thru its Committee on Fisheries, if
such as been organized; and
e.
perform such
other functions
which may be assigned by the sangguniang Mayan/panlungsod.
Sec. 75. Composition of
the M/CFARMC. - The regular member of the M/CFARMCs shall be
composed
of:
a.
Municipal/City
Planning Development Officer;
b. Chairperson,
Agriculture/Fishery
Committee of the Sanggunian Bayan/Panlungsod;
c. representative
of
the
Municipal/City Development Council;
d. representative
from
the
accredited non-government organization;
e. representative
from
the
private sector;
f. representative
from
the
Department of Agriculture; and
g. at least eleven
(11)
fisherfolk representatives seven (7) municipal fisherfolk, one (1)
fishworker
and three (3) commercial fishers) in each municipality/city which
include
representative from youth and women sector.
The Council
shall adopt
rules
and regulations necessary to govern its proceedings and election.
Sec. 76. The Integrated
Fisheries and Aquatic Resources Management Councils (FARMCs). - The
FARMCs shall be created in bays, gulfs, lakes and rivers and dams
bounded
by two (2) or more municipalities/cities.
Sec. 77. Functions of
the IFARMCs. - The IFARMC shall have the following functions:
a.
assist in
the
preparation of the Integrated Fishery Development Plan and submit such
plan to the concerned Municipal Development Councils;
b.
recommend the
enactment
of integrated fishery ordinances to the concerned sangguniang
bayan/panlungsod
through its Committee on Fisheries, if such as been organized;
c. assist
in the
enforcement
of fishery laws, rules and regulations in concerned municipal waters;
d. advice
the
concerned sangguniang
bayan/panlungsod on fishery matters thru its Committee on Fisheries, if
such has been organized; and
e.
perform such
other functions
which may be assigned by the concerned sangguniang bayan/panlungsod.
Sec. 78. Composition
of the
IFARMCs. - The regular members of the IFARMCs shall be composed of
the following:
a.
the
chairperson
of the Committee on Agriculture/Fisheries of the concerned sangguniang
bayan/panlungsod;
b. the
Municipal/City Fisheries
Officers of the concerned municipalities/cities;
c. the
Municipal/City Development
Officers of the concerned municipalities/cities;
d. one
(1)
representative
from NGO;
e. one
(1)
representative
from private sector; and
f. at
least nine
(9) representatives
fro the fisherfolk sector which include representatives from the youth
and women sector.
The Council
shall adopt
rules
and regulations necessary to govern its proceedings and election.
Sec. 79. Source of Funds
of the FARMCs . - A separate fund for the NFARMC, IFARMCs and
M/CFARMCs
shall be established and administered by the Department from the
regular
annual budgetary appropriations.
CHAPTER IV
FISHERY RESERVES, REFUGE AND SANCTUARIES
Sec. 80. Fishing
Areas Reserves
for Exclusive Use of Government. - The Department may designate
area
or areas in Philippine waters beyond fifteen (15) kilometers from
shoreline
as fishery reservation for the exclusive use of the government or any
of
its political subdivisions, agencies or instrumentalities, for
propagation,
educational, research and scientific purposes: Provided, That
in
municipalities or cities, the concerned LGUs in consultation with the
FARMCs
may recommend to the Department that portion of the municipal waters be
declared as fishery reserves for special or limited use, for
educational,
research, and/or special management purposes. The FARMCs may recommend
to the Department portions of the municipal waters which can be
declared
as fisheries reserves for special or limited use for educational,
research
and special management purposes.
Sec. 81. Fish Refuge and
Sanctuaries. - The Department may establish fish refuge and
sanctuaries
to be administered in the manner to be prescribed by the BFAR at least
twenty-five percent (25%), but not more than forty percent (40%) of
bays,
foreshore lands, continental shelf or any fishing ground shall be set
aside
for the cultivation of mangroves to strengthen the habitat and the
spawning
grounds of fish. Within these areas not commercial fishing shall be
allowed.
All marine fishery reserves, fish sanctuaries and mangrove swamp
reservations
already declared or proclaimed by the President or legislated by the
Congress
of the Philippines shall be continuously administered and supervised by
the concerned agency: Provide, however, That in municipal waters, the
concerned
LGU in consultation with the FARMCs may establish fishery refuge and
sanctuaries.
The FARMCs may also recommend fishery refuge and sanctuaries: Provided,
further, That at least fifteen percent (15%) where applicable of
the
total coastal areas in the municipality shall be identified, based on
the
best available scientific data and in consultation with the Department,
and automatically designated as fish sanctuaries by the LGUs in
consultation
with the concerned FARMCs.
CHAPTER V
FISHERIES RESEARCH AND DEVELOPMENT
Sec. 82. Creation
of
a National
Fisheries Research and Development Institute (NFRDI). - In
recognition
of the important role of fisheries research in the development,
management,
conservation and protection of the country's fisheries and aquatic
resources,
there is hereby created a National Fisheries Research and Development
Institute
(NFRDI).
The Institute shall form
part of the National Research and Development Network of the Department
of Science and Technology (DOST).
The Institute, which shall
be attached to the Department, shall serve as the primary research arm
of the BFAR. The overall governance of the Institute shall be vested in
the Governing Board which shall formulate policy guidelines for its
operation.
The plans, programs and operational budget shall be passed by the
Board.
The Board may create such committees as it may deem necessary for the
proper
and effective performance of its functions. The composition of the
Governing
Board shall be as follows:
a. Undersecretary for Fisheries
- Chairman
b. BFAR Director -
Vice
Chairman
c. NFRDI Executive
Director
- Member
d. PCAMRD Director
General
- Member
e. Representative
from
the
academe - Member
f. four (4)
representatives
from the private sector who shall come from the following sub sectors:
- Members
* Municipal Fisherfolk
* Commercial Fishing
Operator
* Aquaculture Operator
*
Post-Harvest/Processor
The NFRDI shall have a separate
budget specific to its manpower requirements and operations to ensure
the
independent and objective implementation of its research activities.
Sec. 83. Qualification
Standard. - The Institute shall be headed by an Executive Director
to be appointed by the President of the Philippines upon the
recommendation
of the governing board. The Executive Director shall hod a Doctorate
degree
in fisheries and/or other related disciplines. The organizational
structure
and staffing pattern shall be approved by the Department: Provided,
however, That the staffing pattern and renumerations for
scientific
and technical staff shall be based on the qualification standards for
science
and technology personnel.
Sec. 84. Research and
Development Objectives. - Researches to be done by the NFRDI are
expected
to result in the following:
a.
To raise
the
income of the fisherfolk and to elevate the Philippines among the top
five
(5) in the world ranking in the fish productions;
b. to
make the
country's
fishing industry in the high seas competitive;;
c. to
conduct
social research
on fisherfolk families for a better understanding of their conditions
and
needs; and
d. to
coordinate
with the
fisheries schools, LGUs and private sectors regarding the maximum
utilizations
of available technology, including the transfer of such technology to
the
industry particularly the fisherfolk.
Sec. 85. Functions
of the
NFRDI. - As a national institute, the NFRDI shall have the
following
functions:
a.
establish
a national
infrastructure unit complete with technologically-advanced features and
modern scientific equipment, which shall facilitate, monitor, and
implement
various research need and activities of the fisheries sector;
b.
provide a venue
for intensive
training and development of human resources in the field of fisheries;
a repository of all fisheries researches and scientific information;
c.
provide
intensive training
and development of human resources in the field of fisheries for the
maximum
utilizations of available technology;
d. hasten
the
realization
of the economic potential of the fisheries sector by maximizing
developmental
research efforts in accordance with the requirements of the national
fisheries
conservation and development programs, also possibly through
collaborative
effort with international institutions;
e.
formally
establish, strengthen
and expand the network of fisheries-researching communities through
effective
communication linkages nationwide.
CHAPTER VI
PROHIBITIONS AND PENALTIES
Sec. 86. Unauthorized
Fishing
or Engaging in Other Unauthorized Fisheries Activities.. - No
person
shall exploit, occupy, produce, breed, culture, capture or gather fish,
fry or fingerlings of any fishery species or fishery products, or
engage
in any fishery activity in Philippine waters without a license, lease
or
permit.
Discovery of any person in
an area where he has no permit or registration papers for a fishing
vessel
shall constitute a prima facie presumption that the person and/or
vessel
is engaged in unauthorized fishing: Provided, That fishing for
daily
food sustenance or for leisure which is not for commercial, occupation
or livelihood purposes may be allowed.
It shall be unlawful for
any commercial fishing vessel to fish in bays and in such other fishery
management areas which may herein-after be declared as over exploited
Any commercial fishing boat
captain or the three (3) highest officers of the boat who commit any of
the above prohibited acts upon conviction shall be punished by a fine
equivalent
to the value of catch or Ten thousand pesos (P10,000.00) whichever is
higher,
and imprisonment of six (6) months, confiscation of catch and fishing
gears,
and automatic revocation of license.
It shall be unlawful for
any person not listed in the registry of municipal fisherfolk to engage
in any commercial fishing activity in municipal waters. Any municipal
fisherfolk
who commits such violation shall be punished by confiscation of catch
and
a fine of Five hundred pesos (P5,000.00).
Sec. 87. Poaching in Philippine
Waters. - It shall be unlawful for any foreign person, corporation
or entity to fish or operate any fishing vessel in Philippine waters.
The entry of any foreign
fishing vessel in Philippine waters shall constitute a prima facie
evidence
that the vessel is engaged in fishing in Philippine waters.
Violation of the above shall
be punished by a fine of One Hundred Thousand U.S. Dollar
(US$100,000.00),
in addition to the confiscation of its catch, fishing equipment and
fishing
vessel: Provided, That the Department is empowered to impose an
administrative fine of not less than Fifty Thousand U.S. Dollar
(US$50,000.00),
but not more than Two Hundred Thousand U.S. Dollar (US$200,000.00) or
its
equivalent in the Philippine Currency.
Sec. 88. Fishing Through
Explosives, Noxious or Poisonous Substance, and/or Electricity. -
(1)
It shall be unlawful for any person to catch, take or gather or cause
to
be caught, taken or gathered, fish or any fishery species in Philippine
waters with the use of electricity, explosives, noxious or poisonous
substance
such as sodium cyanide in the Philippine fishery areas, which will
kill,
stupefy, disable or render unconscious fish or fishery species: Provided,
That the Department, subject to safeguards and conditions deemed
necessary
and endorsement from the concerned LGUs, may allow, for research,
educational
or scientific purposes only, the use of electricity, poisonous or
noxious
substances to catch, take or gather fish or fishery species: Provided,
further, That the use of poisonous or noxious substances to
eradicate
predators in fishponds in accordance with accepted scientific practices
and without causing adverse environmental impact in neighboring waters
and grounds shall not be construed as illegal fishing.
It will likewise be unlawful
for any person, corporation or entity to possess, deal in, sell or in
any
manner dispose of, any fish or fishery species which have been
illegally
caught, taken or gathered.
The discovery of dynamite,
other explosives and chemical compounds which contain combustible
elements,
or noxious or poisonous substances, or equipment or device for
electro-fishing
in any fishing vessel or in the possession of any fisherfolk, operator,
fishing boat official or fishworker shall constitute prima facie
evidence,
that the same was used for fishing in violation of this Code. The
discovery
in any fishing vessel of fish caught or killed with the use of
explosive,
noxious or poisonous substances or by electricity shall constitute
prima
facie evidence that the fisherfolk, operator, boat official or
fishworker
is fishing with the use thereof.
(2) Mere possession of explosive,
noxious or poisonous substances or electrofishing devices for illegal
fishing
shall be punishable by imprisonment ranging from six (6) months to two
(2) years.
(3) Actual use of explosives,
noxious or poisonous substances or electrofishing devices for illegal
fishing
shall be punishable by imprisonment ranging from five (5) years to ten
(10) years without prejudice to the filing of separate criminal cases
when
the use of the same result to physical injury or loss of human life.
(4) Dealing in, selling,
or in any manner disposing of, for profit, illegally caught/gathered
fisheries
species shall be punished by imprisonment ranging from six (6) months
to
two (2) years.
(5) In all cases enumerated
above, the explosives, noxious or poisonous substances and/or
electrical
devices, as well as the fishing vessels, fishing equipment and catch
shall
be forfeited.
Sec. 89. Use of Fine Mesh
Net. - It shall be unlawful to engage in fishing using nets with
mesh
smaller than that with which may be fixed by the Department: Provided,
That the prohibition on the use of fine mesh net shall not apply
to
the gathering of fry, glass eels, elvers, tabios, and alamang and such
species which by their nature are small but already mature to be
identified
in the implementing rules and regulations by the Department.
Violation of the above shall
subject the offender to a fine from Two thousand pesos (P2,000.00) to
Twenty
thousand pesos (P20,000.00) or imprisonment form six (6) months to tow
(2) years or both such fine and imprisonment at the discretion of the
court: Provided, That the owner/operator of the commercial
fishing
vessel
who violates this provisions shall be subjected to the same penalties
provided
herein: Provided, finally, That the Department is hereby
empowered
to impose upon the offender an administrative fine and/or cancel his
permit
or license or both.
Sec. 90. Use of Active
Gear in the Municipal Waters and Bays and Other Fishery Management
Areas. - It shall be unlawful to engage in fishing in municipal
waters
and
in all bays as well as other fishery management areas using active
fishing
gears as defined in this Code.
Violators of the above prohibitions
shall suffer the following penalties:
(1)
The boat
captain
and master fisherman of the vessels who participated in the violation
shall
suffer the penalty of imprisonment from two (2) years to six (6) years;
(2) The
owner/operator
of
the vessel shall be fined from Two thousand pesos (P2,000.00) to Twenty
thousand pesos (P20,000.00) upon the discretion of the court.
Sec. 91. Ban
on
Coral Exploitation
and Exportation. - It shall be unlawful for any person or
corporation
to gather, possess, sell or export ordinary precious and semi-precious
corals, whether raw or in processed form, except for scientific or
research
purposes.
Violations of this
provision
shall be punished by imprisonment form six (6) months to two (2) years
and a fine from Two thousand pesos (P2,000.00) to Twenty thousand pesos
(P20,000.00), or both such fine and imprisonment, at the discretion of
the court, and forfeiture of the subject corals, including the vessel
and
its proper disposition.
The confiscated
corals
shall
either be returned to the sea or donated to schools and museums for
educational
or scientific purposes or disposed through other means.
Sec. 92. Ban on Muro-Ami,
Other Methods and Gear Destructive to Coral Reefs and Other Marine
Habitat.
- It shall be unlawful for any person, natural or juridical, to
fish
with gear method that destroy coral reefs, seagrass beds, and other
fishery
marine life habitat as may be determined by the Department. "Muro-Ami"
and any of its variation, and such similar gear and methods that
require
diving, other physical or mechanical acts to pound the coral reefs and
other habitat to entrap, gather or catch fish and other fishery species
are also prohibited.
The operator, boat captain,
master fisherman, and recruiter or organizer of fishworkers who violate
this provision shall suffer a penalty of two (2) years to ten (10)
years
imprisonment and a fine of not less than One hundred thousand pesos
(P100,000.00)
to Five hundred thousand pesos (P500,000.00) or both such fine and
imprisonment,
at the discretion of the court. The catch and gear used shall be
confiscated.
It is likewise unlawful for
any person or corporation to gather, sell or export white sand, silica,
pebbles and other substances which make up any marine habitat.
The person or corporation
who violates this provision shall suffer a penalty of two (2) years to
ten (10) years imprisonment and a fine of not less that One hundred
thousand
pesos (P100,000.00) to Five hundred thousand pesos (5000,000.00) or
both
such fine and imprisonment, at the discretion of the court. The
Substance
taken from its marine habitat shall be confiscated.
Sec. 93. Illegal Use of
Superlights. - It shall be unlawful to engage in fishing
with
the use of superlights in municipal waters or in violation of the rules
and regulations which may be promulgated by the Department on the use
of
superlights outside municipal waters.
Violations of this provision
shall be punished by imprisonment form six (6) months to two (2) years
or a fine of Five thousand pesos (P5,000.00) per superlight, or both
such
fine and imprisonment at the discretion of the courts. The superlight,
fishing gears and vessel shall be confiscated.
Sec. 94. Conversion of
Mangroves. - It shall be unlawful for any person to convert
mangroves
into fishponds or for any other purposes.
Violation of the provision
of this section shall be punished by imprisonment of six (6) years and
one (1) day to twelve (12) years and/or a fine of Eighty thousand pesos
(P80,000.00): Provided, That if the area requires
rehabilitation
or restoration as determined by the court, the offender should also be
required to restore or compensate for the restoration of the damage.
Sec. 95. Fishing in Overfished
Area and During Closed Season. - It shall be unlawful to fish in
overfished
area and during closed season
Violation of the provision
of this section shall be published by imprisonment of six (6) moths and
one (1) day to six (6) years and/or fine of Six thousand pesos
(P6,000.00)
and by forfeiture of the catch and cancellation of fishing permit or
license.
Sec. 96. Fishing in Fishery
Reserves, Refuge and Sanctuaries. - It shall be unlawful to fish in
fishery areas declared by the Department as fishery reserves, refuge
and
sanctuaries.
Violation of the provision
of the is section shall be punished by imprisonment of two (2) years to
six (6) years and/or fine of Two thousand pesos (P2,000.00) to Twenty
thousand
pesos (P20,000.00) and by forfeiture of the catch and the cancellation
of fishing permit or license.
Sec. 97. Fishing or Taking
of Rare, Threatened or Endangered Species. - It shall be unlawful
to
fish or take rare, threatened or endangered species as listed in the
CITES
and as determined by the Department.
Violation of the provision
of this section shall be published by imprisonment of twelve (12) years
to twenty (20) years and/or a fine of One hundred and twenty thousand
pesos
(120,000.00) and forfeiture of the catch, and the cancellation of
fishing
permit.
Sec. 98. Capture of Sabalo
and Other Breeders/Spawners. - It shall be unlawful for any person
to catch, gather, capture or possess mature milkfish or "sabalo" and
such
other breeders or spawners of other fishery species as may be
determined
by the Department: Provided, That catching of sabalo and other
breeders/spawners
for local breeding purposes or scientific or research purposes may be
allowed
subject to guidelines to be promulgated by the Department.
Violation of the provision
of this section shall be punished by imprisonment of six (six) months
and
one (1) day to eight (8) years and/or a fine of Eighty Thousand Pesos
(P80,000.00)
and forfeiture of the catch, and fishing equipment used and revocation
of license.
Sec. 99. Exportation
of Breeders, Spawners, Eggs or Fry. - Exportation of breeders,
spawners,
eggs or fry as prohibited in this Code shall be punished by
imprisonment
of eight (8) years, confiscation of the same or a fine equivalent to
double
the value of the same, and revocation of the fishing and/or export
license/permit.
Sec. 100. Importation
or Exportation of Fish or Fishery Species.. - Any importation or
exportation
of fish or fisheries species in violation of this Code shall be
punished
by eight years of imprisonment, a fine of Eighty Thousand Pesos
(80,000.00)
and destruction of live fishery species or forfeiture of non-lived
fishery
species in favor of the department for its proper disposition: Provided,
That violator of hits provision shall be banned from being members or
stock
holders of companies currently engaged in fisheries or companies to be
created in the future, the guidelines for which shall be promulgated by
the Department.
Sec. 101. Violation of
Catch Ceilings. - It shall be unlawful for any person to fish in
violation
of catch ceilings as determined by the Department. Violation of the
provision
of this section shall be punished by imprisonment of six (6) months and
one (1) day to six (6) months and one (1) day to six (6) years and/or a
fine of Fifty Thousand Pesos (P50,000.00) and forfeiture of the catch,
and fishing equipment used and revocation of license.
Sec. 102. Aquatic Pollution. - Aquatic
pollution,
as defined in this Code shall be unlawful.
Violation of the provision
of this section shall be punished by imprisonment of six (6) years and
one (1) day to twelve (12) years and/or a fine of Eighty thousand pesos
(80,000.00) plus an additional fine of Eight thousand pesos (8,000.00)
per day until such violation ceases and the fines paid.
Sec. 103. Other violations. - The following
fisheries activities shall also be considered as
a
violation of this Code:
a. Failure to Comply with
Minimum Safety Standards. 0 The owner and captain of a commercial
fishing
vessel engaged in fishing who, upon demand by proper authorities, fails
to exhibit or show proof of compliance with the safety standards
provided
in this Code, shall be immediately prevented from continuing with his
fishing
activity and escorted to the nearest port or landing point. The license
to operate the commercial fishing vessel shall be suspended until the
safety
standard has been complied with.
b. Failure to Conduct
a Yearly Report on all Fishponds, Fish Pens and Fish Cages. - The
FLA
of the holder who fails to render a yearly report shall be immediately
canceled: Provided, That if the offender be the owner of the
fishpond,
fish pen or fish cage, he shall be subjected to the following
penalties:
(1) fist offense, a fine of Five hundred pesos (P500.00) per unreported
hectare; (2) subsequent offenses, a fine of One thousand pesos
(P1,000.00)
per unreported hectare.
c. Gathering and Marketing
of Shell Fishes - It shall be unlawful for any person to take,
sell,
transfer, or have in possession for any purpose any shell fish which is
sexually mature or below the minimum size or above the maximum
quantities
prescribed for the particular species.
d. Obstruction to Navigation
or Flow and Ebb of Tide in any Stream, River, Lake or Bay. - It
shall
be unlawful for any person who causes obstruction to navigation or flow
or ebb of tide.
e. Construction and Operation
of Fish Corrals/Traps, Fish Pens and Fish Cages. - It shall be
unlawful
to construct and operate fish corrals/traps, fish pens, and fish cages
without a license/permit.
Subject to the provision
of subparagraph (b) of this section, violation of the above enumerated
prohibited acts shall subject the offender to a fine ranging from Two
thousand
pesos (P2,000.00) to Ten thousand pesos (P10,000.00) or imprisonment
from
one (1) month and one (1) day to six (6) months, or both such fine and
imprisonment, upon the discretion of the Court: Provided , That
the Secretary is hereby empowered to impose upon the offender an
administrative
fine of not more than Ten thousand pesos (P10,000.00) or to cancel his
permit or license, or to impose such fine and to cancel his permit or
license,
in the discretion of the Secretary: Provided further , That the
Secretary, or his duly authorized representative, and law enforcement
agents
are hereby empowered to impound with the assistance of the Philippine
Coast
Guard, PNP-Maritime Command: Provided, finally , That any
person
who unlawfully obstructs or delays the inspection and/or movement of
fish
and fishery/aquatic products when such inspection and/or movement is
authorized
under this Code, shall be subject to a fine of not more than Ten
thousand
pesos (P10,000.00) or imprisonment of not more than two (2) years, or
both
such fine and imprisonment, upon the discretion of the Court.
Every penalty imposed
for
the commission of an offense shall carry with it the forfeiture of the
proceeds of such offense and the instruments or tools with which it was
committed.
Such proceeds and
instruments
or tools shall be confiscated and forfeited in favor of the Government,
unless they be the property of a third person not liable for the
offense,
but those articles which are not subject of lawful commerce shall be
destroyed.
SEC 104. Commercial Fishing
Vessel Operators Employing Unlicensed Fisherfolk or Fishworker or Crew.
- The owner/operator of a commercial fishing vessel employing
unlicensed
fisherfolk or fishworker shall be fined Five hundred pesos (P500.00)
each
for every month that the same has been employed and/or One thousand
pesos
(P1,000.00) for every month for each unlicensed crew member who has
been
employed.
SEC 105. Obstruction of Defined
Migration Paths. - Obstruction of any defined migration paths of
anadromous,
catadromous and other migratory species, in areas including, but not
limited
to river mouths and estuaries within a distance determined by the
concerned
FARMCs shall be punished by imprisonment of seven (7) years to twelve
(12)
years or a fine from Fifty thousand pesos (P50,000.00) to One hundred
thousand
pesos (P100,000.00) or both imprisonment and fine at the discretion of
the court, and cancellation of permit/license, if any, and dismantling
of obstruction shall be at his own expense and confiscation of same.
SEC 106. Obstruction to Fishery
Law Enforcement Officer. -- The boat owner, master or operator or any
person
acting on his behalf of any fishing vessel who evades, obstructs or
hinders
any fishery law enforcement officer of the Department to perform his
duty,
shall be fined ten thousand pesos (P10,000.00). In addition, the
registration,
permit and/or license of the vessel including the license of the master
fisherman shall be canceled.
SEC 107. Promulgation of
Administrative Orders. - For purposes of fishery regulation or other
fishery
adjustments, the Department in consultation with the LGUs and local
FARMCs,
shall issue Fishery Administrative Orders or regulations for the
conservation,
preservation, management and sustainable development of fishery and
aquatic
resources.
CHAPTER
VII.
GENERAL PROVISIONS
SEC 108.
Fisherfolk
Settlement
Areas. - The Department shall establish and create fisherfolk
settlement
areas in coordination with concerned agencies of the government, where
certain areas of the public domain, specifically near the fishing
grounds,
shall be construed to vest ownership of any resettlement area to a
municipal
fisherfolk for whom said areas may have been reserved for or had been
actually
granted to.
SEC 109. Municipal Fisheries
Grant Fund. - For the development, management and conservation of the
municipal
resources, there is hereby created a Fishery Grant Fund to finance
fishery
projects of the LGUs primarily for the upliftment of the municipal
fisherfolk.
The amount of One hundred million pesos (P100,000,000.00) is hereby
appropriated
out of the Departments allocation in the General Appropriations Act
(GAA)
to support the Grant Fund.
For this purpose, the
Department
may seek financial assistance from any source and may receive any
donations
therefore.
Sec. 11O. Fishery Loan and
Guarantee Fund. - Pursuant to Section 7, Article XIII of the
Constitution,
there is hereby created a Fishery Loan and Guarantee Fund with an
initial
of One hundred million pesos (P100,000,000.00), which shall be
administered
by the Land Bank of the Philippines. The fund shall be made available
for
lending to qualified borrowers to finance the development of the
fishery
industry under a program to be prescribed by the Department.
For the same purpose,
the
Department may seek financial assistance from any source and may
receive
any donation therefrom.
Sec.111. Fishing Vessels
Development Fund. - There is hereby created a Fishing Vessels
Development
Fund to enhance the building and/or acquisition of fishing vessels.
This
shall be a long-term facility that shall be administered by the
Development
Bank of the Philippines. The amount of Two hundred and fifty million
pesos
(P250,000,000.00) per year for five (5) years is hereby appropriated
out
of the Department's allocation in the GAA to support this Development
Fund.
SEC 112. Special Fisheries
Science and Approfishtech Fund. - The Department shall provide subsidy
for full technical and financial support to the development of
appropriate
technology, both in fishery and ancillary industries, that are
ecologically
sound, locally source-based and labor intensive, based on the
requirement
and needs of the FARMCs. An initial amount of One hundred million pesos
(P100,000,000.00) shall be authorized for the purpose of a Special
fisheries
Science and Approfishtech Fund, and thereafter shall be included in the
GAA.
SEC 113. Aquaculture Investment
Fund. - An Aquaculture Investment Fund in the minimum amount of Fifty
million
pesos (P50,000,000.00) shall be established for soft loans which shall
be extended to municipal fisherfolk and their organization who will
engage
in aquaculture, and for the development of underdeveloped or
underutilized
fishponds.
SEC 114. Other Fisheries
Financing Facilities. -- In addition to fisheries credit guarantee,
grant
and other similar facilities granted under this Code, qualified
Filipino
fisherfolk and fisheries enterprises shall enjoy such other facilities
granted them under existing and/or new laws, specially as to rural
credit,
with preference being given to fisheries cooperatives.
SEC 115. Professionalization
of Fisheries Graduates. - There is hereby created a Fisheries Board of
Examiners in the Professional Regulation Commission to upgrade the
Fisheries
Profession: Provided, however , That those who have passed the
Civil
Service Examination for Fisheries shall automatically be granted
eligibility
by the Fisheries Board of Examiners: Provided, further , That
they
have served the industry in either public or private capacity for not
less
than five (5) years: Provided, finally , That the first Board
Examination
for B.S. Fisheries Graduates shall be conducted within one (1) year
from
the approval of this Code.
SEC 116. Upgrading of State
Fisheries Schools/Colleges. - The Department, in coordination with the
Commission on Higher Education (CHED), Department of Education, Culture
and Sports (DECS), and Technical Education and Skills Development
Authority
(TESDA), shall upgrade State Fisheries Schools/Colleges which provide
both
formal and non-formal education; Provided, however , That the
CHED
shall incorporate Approfishtech in the curricula of fisheries
schools/colleges.
The Department and
the
CHED
shall jointly formulate standards to upgrade all fisheries
schools/colleges.
Fisheries schools/colleges that do not meet minimum standards shall be
closed.
SEC 117. Inclusion of Fisheries
Conservation Subjects in School Curriculum. -- Fisheries conservation
subjects
shall be incorporated in the curricula of elementary and secondary
schools
both private and public.
SEC 118. Educational
campaign
at all levels. - The Department, the CHED, the DECS and the Philippine
Information Agency shall launch and pursue a nationwide educational
campaign
to:
a.
help
realize
the policies and implement the provisions of this Code;
b.
promote the
development,
management, conservation and proper use of the environment;
c. promote the
principle
of sustainable development; and
d.
promote the
development
of truly Filipino-oriented fishing and ancillary industries.
Sec. 119. Infrastructure
Support. - The Department in cooperation with concerned agencies
shall:
a.
prepare
and implement
a nationwide plan for the development of municipal fishing ports and
markets;
b.
prioritize the
construction
of farm-to-market roads linking the fisheries production sites, coastal
landing points and other post-harvest facilities to major market and
arterial
roads/highways;
c.
identify
community infrastructure
facilities such as fish landing ports, ice plant and cold storage
facilities
in consultation with fishery cooperatives/associations and prepare
plans
and designs for their construction that would be consistent with
international
environmental standards and occupational safety in sanitation and
environmental
impact;
d.
establish and
maintain
quality laboratories in major fish ports and prescribe the highest
standards
for the operation and maintenance of such post-harvest facilities;
e.
arrange and make
representations
with appropriate funding institutions to finance such facilities for
the
use of the fishery cooperatives/associations;
f.
develop and
strengthen
marketing facilities and promote cooperative marketing systems; and
g.
promote and
strengthen
local fisheries ship-building and repair industry.
Sec. 120. Extension
Services.
- The Department shall develop cost-effective, practical and efficient
extension services on a sustained basis, in addition to those provided
by state educational institutions, especially to municipal fisherfolk
in
underdeveloped areas, utilizing practicable and indigenous resources
and
government agencies available, and based upon a system of self-reliance
and self-help.
Sec. 121. Protection
of Sensitive Technical Information. - The Department shall take
such
measures as may be necessary in order to protect trade, industrial and
policy information of Filipino fisherfolk, fisheries owners/operators,
entrepreneurs, manufactures and researchers, when disclosure of such
information
will injure the competitiveness or viability of domestic fisheries.
Sec. 122. Assistance in
Collecting Information. - The Department, in coordination with
other
government entities concerned, may require Filipino representatives
abroad
and foreign-based personnel to assist in the collection of fisheries
data
and information.
Sec. 123. Charting of
Navigational Lanes and Delineation of Municipal Waters. - The
Department
shall authors the National Mapping and |Resource Information Authority
(NAMRIA) for the designation and charting of navigational lanes in
fishery
areas and delineation of municipal waters. The Philippine coast Guard
shall
exercise control and supervision over such designated navigational
lanes.
Sec. 124. Persons and
Deputies Authorized to Enforce this Code and Other Fishery Laws, Rules
and Regulations. - The law enforcement officers of the Department,
the Philippine Navy, Philippine Coast Guard, Philippine National Police
(PNP), PNP-Marine Command, law enforcement officers of the LGUs and
other
government enforcement agencies, are hereby authorized to enforce this
Code and other fishery laws, rules and regulations. Other competent
government
officials and employees, punong barangays and officers and members of
fisherfolk
associations who have undergone training on law enforcement may be
designated
in writing by the Department as deputy fish wardens in the enforcement
of this Code and other fishery laws, rules and regulations.
Sec. 125. Strengthening
Prosecution and Conviction of Violators of Fishery Laws. - The
Department
of Justice (DOJ) shall embark on a program to strengthen the
prosecution
and conviction aspects of fishery law enforcement though augmentation
of
the current complement of state prosecutors and through their
continuous
training and reorientation on fishery laws, rules and regulations.
Sec. 126. Foreign Grants
and Aids. - All foreign grants, aids, exchange programs, loans,
researches
and the like shall be evaluated and regulated by the Department to
ensure
that such are consistent with the Filipinization, democratization and
industrialization
of fishing industry and the development of the entire country.
Sec. 127. Mandatory Review.
- The Congress of the Philippines shall undertake a mandatory review of
this Code at least once every five (5) years and as often as it may
deem
necessary, to ensure that fisheries policies and guidelines remain
responsive
to changing circumstances.
CHAPTER
VIII.
TRANSITORY PROVISIONS
Sec. 127. Mandatory
Review. - The Congress of the Philippines shall undertake a
mandatory
review
of this Code at least once every five (5) years and as often as it may
deem necessary, to ensure that fisheries policies and guidelines remain
responsive to changing circumstances.
Sec. 128. Moratoria.
- The Department shall, upon the recommendation of the Bureau, have the
power to declare a moratorium on the issuance of licenses for
commercial
fishing vessels to operate in specified area or areas in Philippine
waters
for a limited period of time if there are indications of overfishing
brought
about by a decrease in the volume and sizes of fish caught therein or
for
conservation or ecological purposes.
No new licenses and similar
privileges on exploitation of specific fisheries areas in Philippine
waters
and aquaculture production areas shall be issued in accordance with
this
Code. Such moratoria shall not exceed five (5) years from the
effectivity
of this Code.
Sec. 129. Formulation
of Implementing Rules and Regulations. - An Inter-agency Committee
is hereby created to formulate rules and regulations for the full
implementation
of this Code within ninety (90) days of its effectivity: Provided,
however, That the formulated rules and regulations shall take
effect upon
publication
in a newspaper of general circulation.
The Inter-agency Committee
shall be composed of the following:
a.
Secretary
of
Agriculture as Chairman
b. Secretary of the
Interior
and Local Government
c. Secretary of
Environment
and Natural Resources
d. Secretary of
Justice
e. Secretary of
Finance
f. Secretary of
Budget
and
Management
g. Secretary of
Labor
and
Employment
h. Secretary of of
National
Defense
i. Commissioner of
Civil
Service Commission
j. Director of BFAR
k. Executive
Director
of
PCAMRD
l. General Manager
of
PFDA
n. One (1)
representative
from each of the following:
a.1.
The
League
of Provinces
a.2. The League
of
Cities
a.3. The League
of
Municipalities
a.4. The Liga ng
mga
Barangay
o.
Representative of
the municipal
fisherfolk
p. Representative
of
the
commercial fishers
q. Representative
of
the
non-government organizations involved in fishing concerns
p. A representative
from
the academe coming from the specialized fisheries institution.
CHAPTER IX
FINAL PROVISIONS
Sec. 130. Appropriation.
- The sum necessary to effectively carry out the provisions of
this
ACT during the first year of implementation shall be sourced from the
budget
of the DA/BFAR and other agencies performing fisheries-related
functions: Provided, however, That such amount as may be
necessary to
carry
out the provisions of Sections 79, 109, 110, 111, 112, 113 are hereby
appropriated
out of the unappropriated funds of the National Treasury. The Congress
of the Philippines shall provide for the appropriations of the
Department,
the NFRDI and the Fisheries Scholarship Program for the succeeding
years
to be included in the annual GAA.
Sec. 131. Repealing Clause.
- Presidential Decree No. 704, as amended by Presidential Decree
Nos.
1015 and 1058, Presidential Decree No. 977, as amended, Executive Order
No. 967, Series of 1984, Executive Order No. 116, Series of 1987,
Executive
Order No. 292, Series of 1987, E.O. No. 473, Series of 1991 and other
existing
laws except RA 7611, decrees executive orders, and rules and
regulations
or parts thereof, which are inconsistent with this Code, are hereby
repealed
or modified accordingly.
Sec. 132. Separability
Clause. - If any portion or provision of this Code is declared
unconstitutional
or invalid, the other portions or provisions hereof, which are not
affected
thereby, shall continue in full force and effect.
Sec. 133. Effectivity.
- This Code shall take effect fifteen (15) days after its publication
in
the Official Gazette or in two (2) newspapers of general publication.
Approved: 25 February 1998.