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Fisheries Code of 1998
Transcript of Fisheries Code of 1998
b. poverty alleviation
c. productivity improvement
d. optimal utilization
e. upgrading of post-harvest technology
objectives of the fishery sector: The following terms were added and defined in the RA 8550 (PD704, as amended): 1. ancillary industries
2. appropriate fishing technology
4. aquatic pollution
5. aquatic resources
6. artificial reef
7 .catch ceilings
8. coastal area zone
9. small-scale commercial fishing
10. medium-scale commercial fishing
11. large-scale commercial fishing
12. commercial scale
14. coral reef
15. demarcated areas
- Aquaculture, sea ranching and sea farming
- Fish aggregating devices
- Fixed and passive fishing gears
- Fry and fingerlings gathering
17. endangered, rare, and/or threatened species
18. Exclusive Economic Zone (EEZ)
21. Fine Mesh Net
22. Fish Cage
23. Fish Fingerlings
24. Fish Fry
26. Fisherfolk Cooperative
27. Fisherfolk Organization
28. Fish Pond
29. Fishing Boat/Gear License
30. Fishery Management Areas
31. Fishery Operator
32. Fishery Refuge and Sanctuaries
33. Fishery Reserve
34. Fishery Species
36. Fishing Gear
- Active Fishing Gear
- Passive Fishing Gear
37. Fish Worker
38. Food Security
39. Foreshore Land
40. Gross Tonage 41. Inland Fishery
43. Limited Access
45. Maximum Sustainable Yield
46. Migratory Species
- Anadromous Species
- Catadromous Species
47. Control & Surveillance
48. Municipal Fisherfolk
49. Governmental Organization
51. Pearl Farm Lease
52. People’s Organization
53. Post-harvest Facilities
54. Pursue Seine
55. Resource Rent
56. Sea Farming
57. Sea Ranching
60. Total Allowance Catch (TAC)
61. Trawl This act shall be known as "The Philippine Fisheries Code of 1998". Republic Act No. 8550 A. UTILIZATION, MANAGEMENT, DEVELOPMENT, CONSERVATION AND ALLOCATION SYSTEM OF FISHERIES AND AQUATIC RESOURCES - The use and exploitation of the fishery and aquatic resources in the Philippines waters shall be reserved exclusively to Filipinos
- That research and survey activities may be allowed under strict regulations, for purely research, scientific, technological and educational purposes.
Use of Philippine Waters.
- 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).
Environmental Impact Statement (EIS). - All Environmental Impact Statements (EIS) shall be submitted to the Department of Environment and Natural Resources (DENR) for review and evaluation. Environmental Compliance Certificate (ECC). - Shall be utilized by municipal fisherfolk and their cooperatives/organizations that are listed as such in the registry of municipal fisherfolk.
- To permit small 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:
a. no commercial fishing in municipal waters with depth less than seven (7) fathoms as certified by the appropriate agency;
b. fishing activities utilizing methods and gears that are determined to be consistent with national policies set by the Department
c. prior consultation, through public hearing, with the M/CFARMC has been conducted; and
d. the applicant vessel as well as the ship owner, employer, captain and crew have been certified by the appropriate agency as not having violated this Code, environmental laws and related laws.
Users of Municipal Waters. A-1. MUNICIPAL FISHERIES - Shall be practiced to exploit municipal and demarcated fishery areas of the municipality concerned Priority of Resident Municipal Fisherfolk. - Shall be granted/entitled under the Labor Code, Social Security System, and other benefits under other laws or social legislation for workers provided that fishworkers on board on any fishing vessels engaged in fishing operations are covered by the Philippine Labor Code Rights and Privileges of Fishworkers.
- Hereby found on Section 17 of the Fisheries Decree of 1975; however, many amendments were made under this section
- The word “boat” from the old title of this section was amended and changed into “vessel”
- Regulations under the old version of this section were very specific, unlike here in this amended version, all jurisdictions were generally stipulated
Commercial Fishing Vessel License and Other Licenses. A-2. COMMERCIAL FISHERIES - Citizens of the Philippines, associations/corporations registered in the Philippines (at least 60% of the capital stock is owned by Filipino Citizens) are those persons eligible for commercial fishing vessel license
Persons Eligible for Commercial Fishing Vessel License. - It shall be in accordance with existing laws, rules and regulations Commercial Fishing Vessel Registration. - Shall be renewed every 3 years Renewal of Commercial Boat License. - It shall be in notification of the Department with a copy of the report of transfer of ownership within 10 days after it has been transferred Report of Transfer of Ownership. - Inclusion of Incentives:
a. At least 10% of the credit and the guarantee funds of the government financing institutions
b. A capability-building program for targeted parties
c. An information campaign shall be conducted
Incentives for Municipal and Small-Scale Commercial Fisherfolk. - Foreign fishing vessel wishing to avail or of land, air, and sea facilities available in the Philippines to transport fishery products which are caught outside the Philippines territorial water to its final destination shall call only at duly designated government-owned or -controlled regional fish port complexes after securing clearance from the Department. Transhipment. - The number and wattage of superlight used in commercial fishing vessels shall be regulated by the Department: Provided, that the use of superlight is banned within municipal waters and bays. Use of Superlight. - Public lands such as tidal swamps, mangroves, marches, 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 declare available for fishpond development primarily to qualified fisher folk cooperatives/associations: Provided, however, that upon the expiration of existing FLAs the current lessees shall be given priority and be entitled to an extension of twenty-five (25) years in the utilization of their respective leased areas. Thereafter such FLAs shall be granted to any Filipino citizen with preference primarily to qualified fisher folk cooperatives/associations as well as small and medium enterprises as defined under RA 8289.
Disposition of Public Lands. A-3. AQUACULTURE - Fishpond leased to qualified persons and fisher folk organizations/cooperatives shall be subject to the following conditions:
a. Areas leased for fishpond purposes shall be no more than 50 hectares for individuals and 250 hectares for corporations or fisher folk organizations;
b. The lease shall be for a period of twenty-five (25) years and renewable for another twenty-five (25) years: Provided, that in case of the death of the lessee, his spouse and/or his children, as his heirs, shall have pre-emptive rights to the unexpired term of his Fishpond Lease Agreement subject to the same terms and conditions provided herein that the said heirs are qualified.
c. Lease rates for fishpond areas shall be determined by the Department: Provided that all fees collected shall be remitted to the National Fisheries Research and Development Institute and other qualified research institutions to be used in aquaculture research development.
d. The area leased shall be developed and producing on a commercial scale within three (3) years from the approval of lease contract: Provided, however, that all areas are not fully producing within five (5) years from the date of approval of the lease contract shall automatically revert to the public domain for reforestation.
e. The fishpond shall not be subleased, in whole or in part, failure to comply with this provision shall mean cancelation of FLA.
f. The transfer or assignment of rights to FLA shall be allowed only upon prior written approval of the Department.
g. The lessee shall undertake reforestation for river banks bays, streams and seashore fronting the dike of his fishpond subject to the rules and regulations to be promulgated thereon; and the lessee shall provide facilities that will minimize environment pollution, i.e. setting ponds, reservoirs, etc.: Provided, that failure to comply with this provision shall mean cancelation of FLA.
Lease of Fish Ponds. - The department shall formulate incentives and disincentives
- Effluent charges, user fees and negotiable permits
- To encourage compliance with the environmental standards
- To promote sustainable management practices
Incentives and Disincentives for
Sustainable Aquaculture Practices. - The department shall determine which abandoned, undeveloped or underutilized fishponds can be reverted to their original mangrove state
Reversion of all Abandoned,
Undeveloped nor Underutilized Fishponds. - Holders of fishpond lease agreements who have acquired citizenship in another country shall have their lease automatically canceled
- The improvements shall be in favor of the government Absentee Fishpond Lease Agreement Holders. - Structures for the culture of fish shall be constructed and shall operate only within established zones.
- Not over 10% of the suitable water surface
- Area of all lakes and rivers shall be allotted for aquaculture purposes
-Fish pens and fish cages located outside municipal waters shall be constructed and operated only within fish pen and fish cage belts.
License to operate fish pens, fish gages, fish traps and other structures for the culture
of fish and other fishery products. - No person shall be permitted to undertake any construction which will obstruct the free navigation
- Any construction made shall be removed
- The Department shall within 30 days implement rules and regulations for the immediate dismantling of existing obstruction to navigation
No Obstruction to Navigation. - 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.
Composition of BFAR.
- All post-harvest facilities such as fish processing plants and other fishery business establishment must register with and be licensed by the LGUs.
Registration and Licensing of all Post-Harvest Facilities. A-4. POST-HARVEST FACILITIES AND TRADES - It shall be regulated whenever such exportation affects domestic food security and production.
- To protect and maintain the local biodiversity or ensure the sufficiency of domestic supply and other endemic species and it shall not be exported or caused to be exported by any person.
- Fishery products may be imported only when the importation has been certified as necessary by the department, in consultation with the FARMC, and all the requirements of this code, as well as all existing rules and regulations have been complied.
- No person shall import and/or export fishery products of whatever size, stage or form for any purpose without securing a permit from the department.
Importation and Exportation of Fishery Products. - For purposes of monitoring and regulating the importation and exportation of fish and fishery/aquatic resources, the fisheries inspection and quarantine service in the BFAR is hereby strengthened and shall have the following function:
a. Conduct quality inspection of all fish and fishery/aquatic products coming into and going out of the country by air or water transport, to detect the presence of fish pests and diseases and if found to harbor fish pests or diseases shall be confiscated and disposed of in accordance with environmental standards and practices.
b. Implement international agreements/commitments on biosafety and biodiversity as well as prevent the movement or trade of endemic fishery and aquatic resources.
c. Quarantine such aquatic animals and other fishery products determined or suspected to be with fishery pests and diseases.
d. Examine all fish and fishery products coming into or going out of the country which may be a source or medium of fish pests or diseases and/or regulated by existing fishery regulations.
e. Document and authorize the movement or trade of fish and fishery products when found free of fish pests and diseases and collect necessary fees prescribe by law and regulations.
Fisheries Inspection and Quarantine Service. B. RECONSTITUTION OF THE BUREAU OF FISHERIES AND AQUATIC CREATION OF FISHERIES AND AQUATIC RESOURCES MANAGEMENT COUNCILS AND RESOURCES B-1. RECONSTITUTION OF THE BUREAU AND AQUATIC RESOURCES - Assist in the formulation of national policies for the protection, sustainable development and management of fishery and aquatic resources.
- Assists the department in the preparation of the national fisheries and industry development plan.
- Perform such other functions as maybe provided by the law.
Functions of the NFARMC B-2. THE FISHERIES AND AQUATIC RESOURCES MANAGEMENT COUNCILS (FARMCs) - 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
- Concerned agencies to administer and supervise the fishery refuge and sanctuary:
a. Local Government Unit (LGU) – for municipal waters
- At least fifteen percent (15%) where applicable of the total coastal areas in each municipality shall be identified
Fish Refuge and Sanctuaries. C. FISHERY RESERVES, REFUGE AND SANCTUARIES - Beyond fifteen (15) kilometers from shoreline – reservation for exclusive use of the government or any of its political subdivisions for propagation, educational, research and scientific purposes
Fishing Areas Reserves for Exclusive Use of Government. - Punishments to the fishing boat captain or three (3) highest officers of the boat who commit the violations:
a. fine equivalent to the value of catch or Ten thousand pesos (P10,000.00) whichever is higher
b. imprisonment of six (6) months
c. confiscation of catch fishing gears
d. automatic revocation of license
- Municipal fisherfolk engaged to violation fines Five thousand pesos (P5,000.00) and confiscation of catch.
Unauthorized Fishing or Engaging in
Other Unauthorized Fisheries Activities. D. PROHIBITIONS AND PENALTIES - Penalties for foreign vessels caught (shall constitute prima facie evidence)
a. fine of One hundred thousand U.S. Dollars (US$100,000.00)
b. confiscation of its catch, fishing equipment and fishing vessel
c. administrative fine of not less than Fifty thousand U.S. Dollars (US$50,000.00) but not more than Two hundred thousand U.S. Dollars (US$200,000.00) or its equivalent in the Philippine currency
Poaching in Philippine Waters. - Penalties:
a. mere possession only: imprisonment ranging from six (6) months to two (2) years
b. actual use: imprisonment ranging from five (5) years to ten (10) years without prejudice to the filing of separate criminal cases when the use of the same result to physical injury or loss of human life
c. dealing and selling: imprisonment ranging from six (6) months to two (2) years
Fishing Through Explosives, Noxious or Poisonous Substance, and/or Electricity. - 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 Ban on Coral Exploitation and Exportation.
- 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)
Conversion of Mangroves. - Violators shall be punished by imprisonment of twelve (12) years to twenty (20) years and/or fine of One hundred and twenty thousand pesos (P120,000.00) and forfeiture of the catch, and the cancellation of fishing permit.
Fishing or Taking of Rare,
Threatened or Endangered Species. - Any importation or exportation of fish or fisheries species in violation of this Code shall be punished by eight (8) years of imprisonment, a fine of Eighty thousand pesos (P80,000.00) and destruction of live fishery species or forfeiture of non-live fishery species in favor of the Department for its proper disposition.
Importation or Exportation of Fish or Fishery Species.
- Exporting the breeders, spawners, eggs or fish 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.
Exportation of Breeders, Spawners, Eggs or Fry. - Failure to comply with minimum safety standards
- Failure to conduct a yearly report on all fishponds, fish pens and fish cages
- Gathering and marketing of shell fishes
- Obstruction to navigation or flow and Ebb of tide in any stream, river, lake or bay
- Construction and operation of fish corral/traps, fish pens and fish cages
Other violations. The new members of the council or the Inter- agency are as follows:
- Secretary of Agriculture as Chairman
a. Secretary of Interior & Local Government
b. Secretary of Environment & Natural Resources
c. Secretary of Justice
d. Secretary of Finance
e. Secretary of Budget & Management
f. Secretary of Labor & Employment
g. Secretary of National Defense
h. Commissioner of Civil Service Commission
i. Director of BFAR
j. Executive Director of PCAMRD
k. Gen. Manager of PFDA
l. One representative from: the League of Provinces, the League of Cities, the League of Municipalities, & the Liga ng mga Barangay
n. Representative of the municipal fisher folk
o. Representative of the commercial fishers
p. Representative of the non-government organizations involved in fishing concerns
q. A representative from the academe coming from the specialized fisheries institution
Formulation of Implementing Rules and Regulations. D. TRANSITORY PROVISIONS Fishing is much more than fish. It is the great occasion when we may return to the fine simplicity of our forefathers.
~Herbert Hoover fin