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PHILIPPINE LAWS, STATUTES AND CODES - CHAN ROBLES VIRTUAL LAW LIBRARYREPUBLIC ACT NO. 8550 - AN ACT
PROVIDING FOR THE DEVELOPMENT, MANAGEMENT AND CONSERVATION OF THE
FISHERIES AND AQUATIC RESOURCES, INTEGRATING ALL LAWS PERTINENT
THERETO, AND FOR OTHER PURPOSES |
Republic of the Philippines May 8, 1998 DEPARTMENT OF AGRICULTURE) IMPLEMENTING RULES AND REGULATIONS Section 1. Title. - This Act shall be known as - The Philippine Fisheries Code of 1998 Rule 1.2 Purpose. - These Rules are promulgated to prescribe the procedures and guidelines for the implementation of the Philippine Fisheries Code of 1998 to facilitate compliance therewith and achieve the objectives thereof. DECLARATION OF POLICY AND DEFINITIONS Sec. 2. Declaration of Policy. - It is hereby declared the policy of the State:
The State shall ensure the attainment of the following objectives of the fishery sector:
Sec. 3. Application of its Provisions. - The provisions of this Code shall be enforced in:
Rule 3.1 Jurisdiction. – The Department, through the Bureau of Fisheries and Aquatic Resources (BFAR), in cooperation with concerned national agencies, shall have the responsibility and jurisdiction in the management, conservation, development, protection, utilization, and disposition of all fisheries and aquatic resources of the country, except municipal waters. However, in municipal waters the DA-BFAR may coordinate with and assist the LGUs, FARMCs, and other government agencies concerned in the development, conservation, protection, utilization and management of fisheries and aquatic resources. Rule 3.2 The Department and the Department of Environment and Natural Resources (DENR) shall, within one (1) year from the effectivity of this IRR, issue a Joint Memorandum Order to clarify their respective jurisdiction and authority on the management of fisheries resources. Sec. 4. Definition of Terms. - As used in this Code, the following terms and phrases shall mean as follows:
Rule 4.1 Additional Terms. - Additional terms and their definitions as used in this IRR but not included in Sec. 4 of RA No. 8550 are as follows:
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 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 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. Rule 6.1 Rentals, License Fees and Other Fishery Charges. - Determine rentals for fishpond areas covered by the Fishpond Lease Agreement (FLA) and license fees for Commercial Fishing Boat License (CFBL) at levels that reflect resource rent accruing to the utilization of resources based on estimates from economic studies or best available evidence of economic rent; fees and other charges for gears, accessories and other fishery charges shall be based on rates sufficient to cover administrative costs; Rule 6.2 Rentals for Fishpond Areas. - Issue, within one year from the effectivity of this IRR, the appropriate Fisheries Administrative Order (FAO), prescribing the rental rates for fishpond areas leased from government; Rule 6.3 License Fees for Commercial Fishing Boats. – Issue within one year from the effectivity of this IRR, the FAO prescribing the license fees for CFBLs; Rule 6.4 Fees and Other Fishery Charges. - Issue within one year from the effectivity of this IRR, the FAO prescribing the fees and other fishery charges for gears, accessories and other fishery activities; Rule 6.5 Interim Period. –Continue to charge the present license fees until the described in the preceding rules shall have been issued; Rule 6.6 Technical Assistance. - Provide technical assistance to Local Government Units (LGUs) regarding local regulations on fees and other fishery charges. 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. Rule 7.1 Determination of MSY and TAC. - Determine, within three (3) years from the effectivity of this IRR and every three (3) years thereafter, thereafter, through continuous stock assessment studies an estimate of the MSY and TAC of major fisheries, including but not limited to large pelagic, small pelagic, reef and demersal fisheries, for the entire Philippines and for each major fishing area; Rule 7.2 Comprehensive Fisheries Information System. - Establish a comprehensive information network system at the national, regional and local levels, in cooperation with other concerned agencies, for collection, storage and retrieval of fisheries data ; Rule 7.3 Coordination with Concerned Agencies. –Coordinate with the Bureau of Agricultural Statistics (BAS), Philippine Fisheries Development Authority (PFDA), LGUs and other agencies to ensure that the catch and effort statistics collected by the said agencies shall be in accordance with the data requirement of BFAR; Rule 7.4 Inventory of Commercial Fishing Boats. –Conduct and complete within one (1) year from the effectivity of this IRR, an inventory of all commercial fishing boats and gears and their areas of operation; Rule 7.5 Determination of the Number of Licenses. - Based on the MSY and TAC estimate or best available evidence, determine the number of licenses to be issued for commercial fishing boats for each major fisheries, major fishing area, vessel size categories, and by type of fishing gear and corresponding catch quota for each fishing boat: Provided, however, fishing boats used to support fish production such as fish carriers, skiff boats, lightboats and sonar boats are not included under this limitation; Rule 7.6 Priority Rights of Present Licensees. - Grant priority rights in the allocation of licenses to present Commercial Fishing Boat License (CFBL) holders for renewal of their license, provided that there is no record of violation of the terms and conditions of the license; Rule 7.7 Preferential Allocation for Large Vessels. - Accord preference in the allocation of Commercial Fishing Vessel License (CFVL) to large fishing vessels to encourage fishing in the EEZ and beyond; Rule 7.8 Criteria for Licensing of Small and Medium Commercial Fishing Vessels. - Undertake and complete within two years from the effectivity of this IRR, an extensive evaluation study of the technical capability of small and medium commercial fishing vessels to fish beyond the municipal waters; and based on the findings of such study, define the criteria for granting licenses to these small and medium-sized commercial vessels. 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. Rule 8.1 Catching Ceiling. - Issue the appropriate FAO, based on the findings of stock assessment studies and estimate of MSY, the necessary total catch ceiling limitation for each major fishery and/or specific fishing area; Rule 8.2 Catch Ceiling in Municipal Waters. - Establish catch ceilings in specified municipal waters or fisheries management areas and waters under the jurisdiction of special agencies through a Joint Memorandum Order between the Department, the concerned special agency or LGU after consultation with the FARMCs including provisions for its enforcement. 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 (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 areas to be covered by closed season: Provided, however, That this shall be done 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 in 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 municipal fisherfolk. Rule 9.1 Establishment of Closed Season. - Issue the appropriate FAO declaring a closed season regulation in a specific area, based on the findings of stock assessment studies, biological studies, other research studies or best available evidence; Rule 9.2 Impact Assessment. –Undertake an impact assessment study upon the expiration of the closed season period to determine appropriate regulation; Rule 9.3 Closed Season in Municipal Waters. - Include closed season regulations in waters under the jurisdiction of special agencies, municipal waters and bays, and/or other areas reserved for the use of the municipal fisherfolk upon the concurrence and approval or recommendation of such special agency and the concerned LGU and FARMC, in which cased the concerned LGUs or special agencies shall, through appropriate municipal fisheries ordinance or resolution, cease to issue license/permits for fisheries activities in municipal waters and bays in closed season area. Section 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 jurisdiction based on scientific studies subject to the bio-safety standards as provided for by existing laws: Provided, however, That the Department may approve the introduction of foreign aquatic species for scientific/research purposes. Rule 10.1 Regulations. - Issue within one (1) year from the effectivity of this IRR, the appropriate FAO to implement this Section. Section 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. Rule 11.1 Inventory. - Conduct an inventory of rare, endangered and threatened aquatic species starting from the effectivity of this IRR, and thereafter, monitor and keep an updated list of such species; Rule 11.2 Regulations. - Issue the appropriate FAO declaring closed seasons and management. Measures to protect rare, threatened and endangered species. Section 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 the quality of the environment shall be required to prepare a detailed Environmental Impact Statement (EIS) prior to undertaking such development activity. The preparation of the EIS shall form an integral part of the entire planning process pursuant to the provisions of Presidential Decree No. 1586 as well as its implementing rules and regulations. Section 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 persons, natural or juridical, shall undertake any development project without first securing an Environmental Compliance Certificate (ECC) from the Secretary of the DENR. Rule 14.1 Establish a Monitoring, Control and Surveillance (MCS) System at the national and regional levels which shall be comprised of the following:
Section 14. Monitoring, Control and Surveillance of Philippine Waters. - A monitoring, control and surveillance system shall be established by the Department in coordination with LGUs, FARMCs, the private sector and other agencies concerned to ensure that the fisheries and aquatic resources in Philippine waters are judiciously and wisely utilized and managed on a sustainable basis and conserved for the benefit and enjoyment exclusively of Filipino citizens. Rule 14.1 Establish a Monitoring, Control and Surveillance (MCS) System at the national and regional levels which shall be comprised of the following:
Rule 14.2 Inter-Agency Coordination. - The Cabinet Committee on Marine and Ocean Affairs (CABCOM-MOA) Technical Working Group for MCS shall be the coordinating committee to implement the MCS; Rule 14.3 Operations Centers. - Establish the National MCS Coordinating and Operations Center (NMCSCOC) and Regional MCS Coordinating and Operations Center (RMCSCOC) in strategic sites; Rule 14.4 Establish Municipal MCS System in selected municipalities in coordination with FARMCs, Department of Interior and Local Government (DILG), the private sector and other agencies concerned; Rule 14.5 Secure budgetary support from the Department of Budget and Management (DBM) for an effective MCS operations. Section 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 costs therefor. Rule 15.1 Restrictions. - Issue auxiliary invoices for the transport of fish and fishery products except those caught in violation of the provisions of this Code or are declared as health hazards as defined in this IRR: Provided, however, that the fish and fishery aquatic product transported and/or unloaded by Philippine Registered fishing vessels and culture pearls are exempted from the issuance of auxiliary invoice; Rule 15.2 Reports. - Make available to the Provincial Fishery Office (PFO) the monthly summary of auxiliary invoices. ARTICLE I MUNICIPAL FISHERIES SEC . 16. Jurisdiction of Municipal/City Governments. - The municipal/city government shall have jurisdiction over municipal waters as defined in this Code. The municipal/city government, in consultation with the FARMC shall be responsible for the management, conservation, development, protection, utilization, and disposition of all fish and fishery/aquatic resources within their respective municipal waters. The municipal/city government may, in consultation with the FARMC, enact appropriate ordinances for this purpose and in accordance with the National Fisheries Policy. The ordinances enacted by the municipality and component city shall be reviewed pursuant to Republic Act No. 7160 by the 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 council. The management of contiguous fishery resources such as bays which straddle several municipalities, cities or provinces, shall be done in an integrated manner, and shall not be 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 Resources Management Councils (IFARMCs) established under Sec. 76 of this Code shall serve as the venues for close collaboration among LGUs in the management of contiguous resources. Rule 16.1 Basic Municipal Fisheries Ordinance. - Shall enact a basic Municipal Fisheries Ordinance (MFO) delineating the boundaries of the municipal waters as defined in this Code and providing the rules and regulations on licensing and permits and other fisheries activities: Provided, however, that for municipalities whose waters are adjacent or contiguous to international borders, the delineation of boundaries of municipal waters shall be done after due consultation with the DFA and other concerned agencies; Rule 16.2 License Fees. - Shall determine, in consultation with the FARMCs, the license fees of fisheries activities in municipal waters: Provided, that the FARMC may also recommend the appropriate license fees that will be imposed; Rule 16.3 Special Municipal Fisheries Ordinances. - Shall enact, in consultation with BFAR, Special Fisheries Ordinances, such as but not limited to declaring special demarcated fisheries areas, closed season and environmentally critical areas and sanctuaries; Rule 16.4 Consultation with the FARMCs. - Shall consult the FARMCs in the enactment of municipal fisheries ordinances; Rule 16.5 Modified Ordinance. - Shall modify or amend existing municipal fisheries ordinances to conform with Republic Act No. 8550; Rule 16.6 Overlapping Boundaries. - May seek the assistance of the Department through BFAR, in resolving overlapping boundaries of municipal waters; Rule 16.7 Unified Fisheries Ordinance. - May formulate with other LGUs having jurisdiction over municipalities bordering bays, lakes and gulfs, a unified municipal fisheries ordinance for an integrated resource management of the same; Rule 16.8 Color Coding. - Shall design a color coding system for municipal waters, such color code system to include identifiable markings to be carried by the municipal fishing boats; Rule 16.9 Enforcement. – Shall enforce fishery laws, rules and regulations and fisheries ordinances in municipal waters. Section 17. Grant of Fishing Privileges in Municipal Waters. - The duly registered fisherfolk organizations/cooperatives shall have preference in grant of fishery rights by the Municipal/City Council pursuant to Section 149 of the Local Government Code: Provided, That in areas where there are special agencies or offices vested with jurisdiction over municipal waters by virtue of special laws creating these agencies such as, but not limited to, the Laguna Lake Development Authority and the Palawan Council for Sustainable Development, said offices and agencies shall continue to grant permits for proper management and implementation of the aforementioned structures. Section 18. Users of Municipal Waters. - All fishery 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 ten 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:
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 Sec. 9 of this Code. Section 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. Rule 19.2 Criteria for Registration. - Residency in the municipality/city for at least six (6) months; Rule 19.3 Use of Registry. - The Registry of Municipal Fisherfolk shall server as basis for the identification of priority municipal fisherfolk who shall be allowed to fish within the municipal waters but registration is not equivalent to a permit to fish. 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 a 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. Rule 23.1 Guidelines on Overfishing. - Promulgate and issue within six (6) months from the effectivity of this IRR, the criteria for determining overfished areas and issue the appropriate FAO; Rule 23.2 Declaration of Overfished Areas in Municipal Waters. - Determine jointly with the LGUs and FARMCs concerned, the boundaries of municipal waters or parts thereof, which are overfished or in danger of being overfished or in need of regeneration: Provided, however, that the LGUs shall declare a municipal water or parts thereof as overfished and shall issue the appropriate municipal fisheries ordinance prohibiting or limiting fisheries activities; Rule 23.3 Impact Assessment. - Undertake an impact assessment of the state of fisheries in the declared overexploited area and accordingly submit its recommendations to the concerned municipalities. 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. Rule 24.1 Technology Transfer. - Transfer technology in aquaculture, post-harvest, fishing and other technologies through training and extension in BFAR's fisheries demonstration farms, National Fisheries Technology Centers, Regional Fishermen Training Centers and Regional Fisheries Outreach Stations; Rule 24.2 Veification Studies. - Conduct technology verification studies and establish pilot demonstration projects in various aspects of fisheries conservation, management and development; Rule 24.3 Marketing Assistance. - Provide production, market and credit information for fish and fishery products; Rule 24.4 Technical Assistance on Feasibility Studies. – Provide Technical assistance in the preparation of feasibility studies to facilitate fisherfolk organizations' access to credit; Rule 24.5 Technical Assistance on Fisheries Management. - Provide technical assistance to LGUs, FARMCs and fisherfolk organizations in establishing fisheries management systems in municipal waters; Rule 24.6 Organizing/Strengthening of Local Organizations. - Provide assistance in organizing/strengthening fisherfolk organizations and cooperatives in coordination with the Cooperative Development Authority (CDA), Non-Government Organizations (NGOs), People Organizations (Pos) and other concerned agencies. 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 fishworker on board ant fishing vessels engaged in fishing operations are hereby covered by the Philippine Labor Code, as amended. Rule 25.1 Working Hours of Fishworkers. - Fishworkers on board any fishing vessel engaged in fishing operations shall be classified as field personnel as defined under Sec. 82 of the Philippine Labor Code, as amended, and shall not be subject to the regulations on normal working hours and overtime. 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 driver 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 of a fishing vessel engaged in scientific research or educational purposes within Philippine waters and 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 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 be 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. Rule 26.1 Vessel and Gear Licenses. - Issue to qualified commercial fishing vessel applicant licenses for fishing vessel and gear for specific or several fishing areas to be used for commercial fishing operation. The license shall be for specific fishing areas provided, however, that the license may be granted for one or several fishing areas; Rule 26.2 Updated Philippine Marine Water Map. - Organize an Inter-agency Committee to prepare a consolidated map of Philippine waters, delineating municipal water boundaries and depths thereof; Rule 26.3 Number of Commercial Fishing Vessel Licenses (CFVL). - Issue the corresponding number of CFVL based on MSY as provided in Sec. 7 of this Code; Rule 26.4 Skipper's Surveillance Training. - Require skippers to undergo an intensive orientation/training on fishery laws including the detection of fish caught by explosives/obnoxious or poisonous substances and to report sightings of foreign fishing vessels poaching in Philippine waters and other fishery violations. Sec. 27. Persons Eligible for Commercial Fishing Vessel License. - No commercial fishing vessel license shall be issued except to citizens of the Philippines, partnership 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, qualified to hold a license. Any such transfer, sale or assignment shall be null and void and shall not be registered in the books of the association, cooperative or corporation. For purposes of commercial fishing, fishing vessel owned by citizens of the Philippines, partnerships, cooperation, cooperatives or association qualified under this section shall secure Certificates or Philippine Registry and such other documents as are 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 Vessel Registration. - The registration, documentation, inspection and manning of the operation of all types of fishing vessels plying Philippine 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 holding a commercial fishing vessel license may begin fishing operations in Philippine waters, the fishing 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 Boats License. - The commercial fishing boats license shall be renewed every three (3) years. The owner/operator of a fishing vessel has a period of sixty (60) days prior to the expiration of the license within which to renew the same. Sec. 31. Report of Transfer of Ownership. - The owner/operator of a registered fishing vessel shall notify the Department in writing of the transfer of t he ownership of the vessel of a copy of such document within ten (10) days after its transfer to another person. Sec. 32. Fishing by Philippine Commercial Fishing Fleet in International Waters. - Fishing vessels or waters of other countries which allow such fishing operation: 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: Provide further, That the fish caught by such vessels shall be considered as caught in Philippine waters therefore not subject to all import duties and taxes only when the same Is landed in duly designated fish landing 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 be considered authorized landing sites: Provided, finally, That fishworkers on board Philippine registered fishing vessels conducting fishing activities beyond the Philippine Exclusive Zone are not considered as overseas Filipino workers. Rule 32.1 Registration of Landing Ports. - Require landing ports established by canneries, seafood processors, and private fish landing sites established prior to the effectivity of this Code to register with BFAR to qualify as authorized landing sites for fish caught in international waters by Philippine commercial fleet; Rule 32.2 Workers Classification - Fishermen on board Philippine registered fishing vessels fishing beyond the Exclusive Economic Zone are not considered as overseas Filipino workers, and therefor, are not covered by the Migrant Workers and Overseas Filipino Act of 1995 and its implementing rules and regulations. Rule 32.3 Exception from Applicable Immigration and Customs Regulations. - Philippine registered fishing vessels engaged in fishing operations in Philippine 200 miles Exclusive Economic Zone and beyond shall be exempted from applicable immigration and customs laws and its implementing rules. 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. Rule 33.1 Importation. - Issue, within one (1) year from the effectivity of this IRR, the appropriate FAO on the maximum age and minimum gross tonnage for catcher vessels that may be imported. Sec. 34. Incentives for Municipal and Small Scale Commercial Fisherfolk. - Municipal and small scale commercial fisherfolk shall be granted incentive which shall include, but are not limited to; the following:
Rule 34.1 Inter-Agency Credit Committee. - The Department, shall within three (3) months from the effectivity of this IRR, form an Inter-Agency Committee composed of representatives from Agricultural Credit and Policy Council (ACPC), BFAR, National Credit Council (NCC), Department of Finance (DOF), Small and Medium Business Enterprise Guarantee Fund (SMBEGF), Guarantee Fund for Small and Medium Scale Enterprise (GFSME), Land Bank of the Philippines (LBP), Development Bank of the Philippines (DBP), Quedan and Rural Credit Guarantee Corporation (QUEDANCOR), Guarantee Fund for Small and Medium Scale Enterprises (GFSME) who shall formulate through a participatory process with the beneficiaries the credit guidelines to implement Sec. 34; Rule 34.2 The Department, through BFAR, shall develop and implement capability building for municipal and small scale commercial fishers which shall include those covered by the rules under Sec. 24. Sec. 35. Incentives for Commercial Fishers to Fish Further into the Exclusive Economic Zone (EEZ). - In order in 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 incentives 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 operators. The incentive shall include, but not be limited to:
Rule 35.1 The Department, through BFAR, shall create within one (1) month the effectivity of this IRR, an Inter-Agency/Sectoral Committee which includes the private sector to formulate guidelines to implement Sec. 35. 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 provided with adequate medical supplies and life-saving devices to 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 or meteorological and other data, and shall assist the Department in documentation or reporting of information vital 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 distinct to its area of operation. The Department through BFAR, shall: Rule 40.1 Implementation of Color Code Licensing System. - Require that the licensing of commercial fishing vessels will be for specific or several fishing areas; Rule 40.2 Demarcation of Fishing Areas. - Demarcate the Philippine waters into distinct fishing areas, in coordination with NAMRIA, produce a map of the Philippine waters, each fishing area being designated with a code number; Rule 40.3 Color Coding System. - Design color coding system for fishing areas for commercial fishing vessels; Rule 40.4 Regulation. - Issue the appropriate FAO for such color code licensing system within two (2) years from the effectivity of this IRR; Rule 40.5 Assignment of Radio Frequency. - Coordinate with the National Telecommunication Commission (NTC) on the assignment of radio frequencies for the area of operation of the fishing vessels. Sec. 41. Passage. - Commercial and other passage not in the regular conduct of fisheries activity shall be made at designated navigational lanes. Sec. 42. Transshipment. - Foreign fishing vessels wishing to avail of land, air and sea facilities available in the Philippines to transport fishery products which are caught outside Philippine territorial waters to its final destination shall call only at duly designated government-owned or controlled regional fishport 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 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 III Sec. 45. Disposition of Public Lands for Fishery Purpose. - Public lands such as 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 cooperative/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. There after, 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 Republic Act No. 8289: Provided, 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:
The Department through BFAR, shall: Rule 46.1 Lease Rate. – Issue the FAO, within one (1) year from the effectivity of this IRR, the guidelines prescribing fishpond lease rates and other regulations to implement this Section; Rule 46.2 Reforestation. - In coordination with the DENR, issue the guidelines within one (1) year from the effectivity of this IRR, on the reforestation of river banks, bays, streams and seashores fronting the dike of the fishpond area covered by the FLA. Sec. 47. Code of Practice for Aquaculture. - The Department shall establish a code of practice for aquaculture 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. Rule 47.1 Drafting of the Code of Practice for Aquaculture. - The Department through BFAR, shall work closely with DENR, Southeast Asian Fisheries Development Center/Aquaculture Department (SEAFDEC/AQD), International Center for Living and Aquatic Resources Management (ICLARM), other concerned agencies, private sector and FARMCs in drafting the Code of Practice for Aquaculture, to be completed within one (1) year from the effectivity of this IRR, in consonance with the Code of Conduct for Responsible Fisheries 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 to their original mangrove state and after having made such determination shall take all steps necessary to restore such areas in their original mangrove state. Rule 49.2 Identification of Abandoned, Undeveloped, Underutilized Fishponds. - The Department, through BFAR, shall establish, in coordination with the DENR, within one (1) year from the effectivity of this IRR, review and update fishpond surveys and identify abandoned, undeveloped or underutilized fishpond which, after due process, can be given to qualified persons or reverted to forest lands. 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 cancelled 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 Cages, Fish Traps and Other Structures for the Culture of Fish and Other Fishery Products. - Fish pens, fish cages, 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 FARMCs concerned consistent with national fisheries policies after the corresponding licenses thereof have been secured. The area to be utilized for this purpose for individual person shall be 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 takes and rivers shall be allotted for aquaculture purpose like fish pens, fish cages and fish traps; and the stocking density and feeding requirement which shall be controlled and determined by its carrying capacity: Provided further, That fish pens and fish cages located outside municipal waters shall be 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 not with standing, existing pearl farm leases shall be 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. Rule 52.2 Regulation. - The Department through BFAR, shall prepare a model municipal fisheries ordinance which the LGUs may adopt as basis for their issuance of permits for the operation of pearl farms. Sec. 53. Grant of Privileges for 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 pens, fish cages. fish corrals/traps and other similar structures in municipal areas shall be granted except to municipal fisherfolk 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 Philippine Crop Insurance Corporation for losses caused by force majeure and fortuitous events. Rule 54.2 Coverage. - The PCIC shall include fishpens, fish cages, seaweed farms and other aquaculture projects and non-agricultural assets such as ice plants, cold storage and other post harvest facilities as eligible for insurance coverage. 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 navigation in any terms river, lakes or bays flowing 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, or occupants thereof, 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-0bstruction 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 be registered whit 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 IV POST-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 formulation of a comprehensive plan for post-harvest and ancillary industries. It shall take into account, among others, the following:
Rule 58.1 Regulation. - The Department through BFAR and PFDA and in consultation with other concerned agencies and the private sector, shall within two (2) years from the effecftivity of this IRR, prepare and complete of this IRR, prepare and complete 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 storage's, 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. -
The Department in consultation with the FARMC shall promulgate rules and regulations on importation and exportation of fish and fishery/aquatic resources with the Government's 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 instrument of weights and measures.
RECONSTITUTION OF THE BUREAU OF FISHERIES AND AQUATIC RESOURCES ARTICLE I
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 :
Rule 63.1 Undersecretary for Fisheries and Aquatic Resources. - The position of the Undersecretary for Fisheries and Aquatic Resources in the Department is hereby created solely for the purpose of attending to the needs of the fishing industry. 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;
Sec. 66. Composition of BFAR. - As a line bureau, of 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 relating 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:
The Department, through BFAR, in coordination with concerned agencies and private sector, shall: Rule 67.1 Safety and Quality Standards. - Establish and enforce safety and quality standards on aquatic organisms and fishery products for domestic consumption and international trade, consistent with the international trade agreements such as but not limited to: World Trade Organization-General Agreement on Tariff and Trade (WTO-GATT), Sanitary and Phyto-Sanitary (SPS) measures, World Health Organization (WHO) and Food and Agriculture Organization (FAO) Codex Alimentarius Commission; Rule 67.2 Laboratories. - Establish fisheries laboratories for surveillance, inspection and fish disease diagnosis during handling, transport, manufacturing and storage including but not limited to processing facilities, fish port and landing areas and markets; Rule 67.3 Fish Inspection. - Establish and implement a HACCP-based fish inspection to include export and import certification system in accordance with established international standards and requirement; Rule 67.4 Laboratory Fees. - Issue, within three (3) months from the effectivity of this IRR, the appropriate FAO on the collection of charges and fees for laboratory examination of fish and fishery products; Rule 67.5 Transport and Movement of Living Aquatic Organisms. - Formulate and implement guidelines for the transport and movement of living aquatic organisms consistent with the National Aquatic Animal Health Code and international agreements with Office International des Epizzotics (OID), International Council for Exploration of the Sea (ICES) and European Inland Fisheries Advisory Commission (EIFAC); Rule 67.6 Quarantine and Inspection. - Establish a Quarantine and Inspection Unit in international and domestic airports and seaports to implement fishery laws, rules and regulations on the transport, movement and trade of fish and fishery products. ARTICLE II THE FISHERIES AND AQUATIC RESOURCES MANAGEMENT COUNCILS (FARMCs)
Sec. 68. Development of Fisheries and Aquatic Resources in Municipal Waters and Bays. - Fisherfolk and their organizations residing within 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/cities 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 formulation 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 a advisory/recommendatory body to the Department. The NFARMC shall be composed of fifteen (15) members consisting of:
The members of the NFARMC, except for the Undersecretary of Agriculture and Undersecretary of the Interior and Local Government, shall be appointed by the President upon the nomination of their respective organizations. Rule 70.1 Interim NFARMC. - The Secretary shall issue an Administrative Order, within three (3) months from the effectivity of this IRR, designating interim members of the NFARMC which shall prepare and complete the guidelines for the formation of the NFARMC. Sec. 71. Terms of Office. - The members of NFARMC, except the Undersecretary 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 be the following functions;
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 Lakewide 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:
The Council shall adopt rules and regulations necessary to govern its proceedings and election. Sec. 76. The Integrated Fisheries and Aquatic Resources Management Councils (IFARMCs). - The IFARMCs shall be created in bays. gulf , 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:
Sec. 78. Composition of the IFARMCs. - The regular members of the IFARMCs shall be composed of the following:
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 FISHERIES 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 purpose: 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 purpose. 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 purpose. 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 no 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: Provided, 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 each 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 in 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 the functions. The composition of the Governing Board shall be as follows:
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 hold a Doctorate a 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 remunerations 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:
Sec. 85. Functions of t he NFRDI - As a national institute, the NFRDI shall have the following functions:
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 (P500.00.00). 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. Rule 87.2 Reports. - Coordinate with DOTC to require officers of inter-island vessels, skippers and officers of commercial fishing vessels to report sightings of foreign vessels. Sec. 88. Fishing Through Explosives, Noxious or Poisonous Substance, and/or Electricity. -
Rule 88.1 Regulation on Confiscated Catch, Fishing Vessels, Gears and Paraphernalia. - The Department, through BFAR, shall issue, within one (1) year from the effectivity of this IRR, the appropriate FAO on the disposition of confiscated catch and impoundment of fishing vessels, equipment and other fishing paraphernalia. 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 from six (6) months to two (2) years or both such fine and imprisonment at the discretion of the court: Provided, That if the offense is committed by a commercial fishing vessel, the boat captain and the master fisherman shall also be subject to the penalties herein: Provided, further, That the owner/operator of the commercial fishing vessel who violates this provision 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 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 form two (2) years to six (6) years;
(3) The catch shall be confiscated and forfeited. 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 processed form, except for scientific or research purposes. Violations of this provision shall be punished by imprisonment from 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 shall likewise be unlawful for any person or corporation to gather, sell or export white sand, silica, pebbles and any 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 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 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 from 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 punished by imprisonment of six (6) months 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 this 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 punished by imprisonment of twelve (12) years to twenty (20) years and/or a fine of One hundred and twenty thousand pesos (P120,000.00) 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 (6) 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. Section 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 or imprisonment, a fine of Eighty Thousand Pesos (P80,000.00) 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 this 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. Section 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) 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. Section 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 (P80,000.00) plus an additional fine of Eight thousand pesos (P8,000.00) per day until such violation ceases and the fines paid. Section 103. Other Violations. - The following fisheries activities shall also be considered as a violation of this Code:
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. Section 104. Commercial Fishing Vessel Operators Employing Unlicensed Fisherfolk or Fishworker or Crew. - The owner/operator of a commercial fishing vessel employing unlicensed fisherfolk of 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 deployed. Section 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. Section 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 hinder 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. Section 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. Rule 107.1 Issuance of New FAOs. - The FAOs issued to implement this Code shall include pertinent provisions of related existing FAOs; Rule 107.2 Effectivity of Existing FAOs. - Existing FAOs consistent with the provisions of this Code shall remain in force until the same are amended or repealed; Rule 107.3 Consultation. - The NFARMC and concerned FARMCs shall be consulted prior to the issuance of FAO; Rule 107.4 Effectivity. - All FAOs, unless otherwise herein provided, shall take effect fifteen (15) days after their publication in the Official Gazette and/or in two (2) newspapers of general circulation. CHAPTER VII GENERAL PROVISIONS Section 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 reserved for the settlement of the municipal fisherfolk. Nothing in this section 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. Section 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 (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. Section 110. Fishery Loan and Guarantee Fund. - Pursuant to Sec. 7, Article XIII of the Constitution, there is hereby created and 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 donation therefrom. Section 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 loan 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 Departments allocation in the GAA to support this Development Fund. Rule 111.1 Fishing Vessels Development Fund. - Secure from the General Appropriations Act and other sources the amount of Two hundred fifty million pesos (P250,000,000.00) annually for the next five years to be placed under the administration of the Development Bank of the Philippines (DBP) as the fishing vessels development fund which shall be used as a long term loan facility to enhance the building of fishing vessels; Rule 111.2 Implementing Guidelines - The Inter-Agency Committee formed under Rule 34.1 shall prepare the implementing guidelines for the Fishing Vessel Development Fund. Section 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. Rule 113.1 Aquaculture Investment Fund. - Secure from the General Appropriations Act and other sources the minimum amount of Fifty million pesos (P50,000,000.00) which shall be established as an aquaculture investment fund to be used as soft loans for municipal fisherfolk and their organization who will engage in aquaculture, and for the development of underdeveloped or underutilized inland fishponds; Rule 113.2 Implementing Guidelines - The Inter-Agency Committee formed under Rule 34.1 shall prepare the implementing guidelines on the Aquaculture Investment Fund. Section 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. Section 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. Section 116. Upgrading of the 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. Section 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. Section 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; Section 119. Infrastructure Support - The Department in cooperation with concerned agencies shall:
Rule 119.1 Municipal Fishing Ports Plan. – The Department, through PFDA, in coordination with BFAR and other government agencies, shall prepare and implement a nationwide plan for the development of municipal fishing ports and other infrastructure facilities; Section 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 undeveloped areas, utilizing practicable and indigenous resources and government agencies available, and based upon a system of self-reliance and self-help. Section 121. Protection of Sensitive Technical Information. - The Department shall take such measure as may be necessary in order to protect trade, industrial and policy information of Filipino fisherfolk, fisheries owners/operators, entrepreneurs, manufacturer and researchers, when disclosure of such information will injure the competitiveness or viability of domestic fisheries. Section 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. Section 123. Charting of Navigational Lanes and Delineation of Municipal Waters. - The Department shall authorize 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 and control supervision over such designated navigational lanes. Section 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, the Philippine Coast Guard, Philippine National Police (PNP), PNP- Maritime 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. Rule 124.2 Enforcement of Fishery Laws in Philippine Waters. - The rules in Section 14 shall apply to fishery law enforcement in Philippine waters; Rule 124.3 Manuals. - The Department, through BFAR in coordination with DOTC-PCG, DND-PN, DFA, DOJ, Bureau of Immigration and Deportation (BID), Bureau of Customs (BC) and other concerned agencies shall formulate and issue manual of procedures for the apprehension, investigation and prosecution of violations of fishery laws. Section 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 through augmentation of the current complement of state prosecutors and through their continuous training and reorientation on fishery laws, rules and regulations. Section 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. Section 127. Mandatory Review. - The congress of the Philippines shall undertake the 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 Section 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 in 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 license 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. Section 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 be submitted to both Houses of Congress for information and guidance. Such rules and regulations shall take effect upon publication in a newspaper of general-circulation. The Inter-agency Committee shall be composed of the following:
CHAPTER IX FINAL PROVISIONS Section 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. Rule 130.2 Budgetary Allocation for 1999. - The DBM shall allocate the budget for 1999 for BFAR and NFRDI to be sourced from the unprogrammed amount of the Department's budget for 1999. Rule 130.3 Subsequent Budget. – The budget for subsequent years which shall not be less than the amount of the prior years appropriations shall be submitted by the Department to be included in the annual General Appropriations Act. Rule 130.4 FARMC Budget. - The Secretary shall allocate budget for FARMC which shall be sourced from its unprogrammed funds of the Department's budget. Section 131. Repealing Clause - Presidential Decree No. 704, as amended by Presidential Decree Nos. 1051 and 1058, Presidential Decree No. 977, amended, Executive Order No. 967, Series of 1984, Executive Order No. 116, Series of 1987, Executive Order No. 292, Series of 1987, Executive Order No. 473, Series of 1991 and other existing laws except Republic Act No. 7611, decrees, executive orders, and rules and regulations or parts thereof, which are inconsistent with this Code, are hereby repealed or modified accordingly. a) Sec. 3 Definition of Terms
b) Sec. 10 Fish Landing Points c) Sec. 16 License, lease and permits d) Sec. 26 Commercial fishing boat license and other licenses e) Sec. 18 Permit for importation or exportation of fish and fishery aquatic products f) Sec. 19 Development of Fish Meal Industry g) Sec. 20 Persons eligible for Commercial Fishing Boat License h) Sec. 22 Operation of Radio Communication facilities on board fishing boats i) Sec. 23 Disposition of Public Lands for Fishponds j) Sec. 24 Lease of fishponds k) Sec. 25 Size of fishponds l) Sec. 26 Construction of family size fishponds m) Sec. 27 License to operate fishpens n) Sec. 28 No obstruction to navigation o) Sec. 29 Grant of fishery privileges p) Sec. 30 Municipal Concessions and Leases concerning fisheries q) Sec. 31 Fishing areas reserved for exclusive use of government r) Sec. 32 Fish Refuges and Sanctuaries s) Sec. 33 Illegal fishing Dealing in Illegally Caught Fish or Fish/Aquatic products t) Sec. 37 Pollution of Waters u) Sec. 38 Penalties v) Sec. 39 Seizure proceeding w) Sec. 40 Persons Authorized to enforce this Decree on Fisheries Rule and Regulations y) Sec. 42 Fisheries Loan and Guarantee Fund z) Sec. 43 Loans to the Fishery Industry
Rule 131.2 PD No. 1015 - Amending the 1st paragraph of Sections 17 and 35 of PD No. 704 - The President can ban the operation of commercial fishing gears within a distance of 7 km from the shoreline and operation of trawl within a distance of 7 km from the shoreline and operation of trawl within 7 km. from the shorelines. Rule 131.3 PD No. 1058 - Increasing penalties for certain forms of illegal fishing Rule 131.3.1 Fishing with the use of explosives: (a) the penalty from twelve (12) years to twenty five (25) years in case or mere possession intender for illegal fishing. Rule 131.3.2 By imprisonment ranging from twenty (20) years to life imprisonment, if the explosive is actually used. Rule 131.3.3 If the use of the explosives result in physical injury to any person, the penalty shall be imprisonment for twenty-five (25) years to life imprisonment to death. Rule 131.3.4 Dealing in illegal caught fish or fishery/aquatic products - imprisonment for five (5) years to ten (10) years. Rule 131.3.5 Trawl Fishing - imprisonment ranging from six (6) months to six (6) years; Rule 131.3.6 Jurisdiction of the Military Tribunals for violation of the aforementioned illegal fishing cases. Rule 131.4 PD No. 977, as amended by EO 967 s.1984 - Creating the Philippine Fish Marketing Authority; EO 967 repealed Sections 2 and 6 of PD No. 977; Rule 131.5 E.O. No. 116 s. 1987 - Reverted BFAR from a line into a staff Bureau and placed it under the Production Group in the DA with the following functions:
Rule 131.6 EO No. 292 s. 1987 - The Administrative Code of 1987 salient features on agencies performing fisheries related functions. A. Department of Agriculture - Same as No. 5 Title IV Chapter I and IV Sec. 22 - BAR - Tap farmers, farmers' organizations and research institutions especially SCUs in the conduct of research in DA and its clientele particularly the farmers, fishermen and land workers. (Underline supplied) Sec. 25 - ATI - No mention of fisheries and fishermen and yet RFTC were placed under it. Sec. 25 - BAS - Same as A (b) yet fisheries statistics were placed under it. Rule 131.7 B. DENR - Title XIV a) Section 1 Declaration of Policy - The State shall ensure the exploration, development, judicious disposition, utilization, management, renewal and conservation of the country's forest, mineral, land, water, fisheries, wildlife and other natural resources …. x x x x (8) Issue licenses and permits for activities related to the use and development of aquatic resources, treasure hunting, salvaging of sunken vessels and other similar activities; (10) Promulgate rules and regulations necessary to: a. x d. Assure conservation and judicious sustainable development of aquatic resources (14) Promulgate rules, regulations and guidelines on the issuance of licenses, permits, concessions, lease agreements and such privileges concerning the development, exploration and utilization of country's marine, freshwater, and Brackishwater and overall aquatic resources of the country and shall continue to oversee, supervise and police our natural resources; cancel or cause to cancel such privileges upon failure and non compliance of any regulations, order and for all other causes which are in furtherance of the conservation of natural resources and supportive of national interest. (Underline supplied) Section 10 (4) Philippine Council for Aquatic and Marine Research and Development (PCAMRD) for aquatic and marine resources. Each of the councils shall be responsible, for its respective sector in the formulation of strategies, policies, plans and programs and projects for science and technology development for programming and allocation of government and; external funds for research and development; for monitoring of research and development projects and for generation of external funds. Each council shall have a Secretariat which shall be headed by an Executive Director to be appointed by the President upon the recommendation of the DOST Secretary. (These functions appear to be inconsistent with Sec. 65 (e) and Sec. 85 (a) of RA No. 8550, The Philippine Fisheries Code of 1998) Rule 131.9 D. EO No. 473 s. 1991 - Establishment of Sea Lanes for Passage of Foreign fishing vessels in Philippine Waters. (Expressly repealed by Sec. 87 of the Fisheries Code); Rule 131.10 E. Other existing laws; decrees; EOs and rules and regulations or parts thereof which are inconsistent with this Code Section 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. Section 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: JOSE DE VENECIA, JR. NEPTALI A. GONZALES
This Act, which is a consolidation of Senate Bill No. 1708 and House Bill No. 7366 was finally passed by the Senate and the House of Representatives on February 19, 1998.
ROBERTO P. NAZARENO HEZEL P. GACUTAN Approved: February 25, 1998
FIDEL V. RAMOS |