ra 8550 (philippine fisheries code of 1998)

7/21/2019 RA 8550 (Philippine Fisheries Code of 1998)

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Republic of the Philippines

CONGRESS OF THE PHILIPPINES

TENTH CONGRESSFIFTH Special Session

CONFERENCE COMMITTEE REPORT

Conference Committee on the isa!reein! pro"isions of Senate #ill No$ %&'(

entitle)

*+N +CT

PRO,I-ING FOR .THE -E,ELOPMENT M+N+GEMENT +N- CONSER,+TION OF THEFISHERIES +N- +/0+TIC RESO0RCES1 REN+MING FOR .THIS P0RPOSE THE

-EP+RTMENT OF +S -EP+RTMENT OF +GRIC0LT0RE +N- FISHERIES

INTEGR+TING +LL L+2S PERTINENT THERETO +PPROPRI+TING F0N-STHEREFORE1 +N- FOR OTHER P0RPOSES*

an House #ill No$ &344 entitle)

*+N +CT

TO CO-IF5 +LL L+2S ON FISHERIES +N- +/0+TIC RESO0RCES*

Having met, alter full and free conference has agreed to recommend and do hereby

recommend to their respective Houses that Senate Bill 1708, in consolidation with House BillNo 7!"", be approved in accordance with the attached copy of the bill as reconciled and

approved by the conferences

#pproved,

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TENTH CONGRESS OF THE REP0#LICOF THE PHILIPPINES THE REP0#LIC

Fifth Special Session

REP0#LIC +CT NO$(66'

*+N +CT PRO,I-ING FOR THE -E,ELOPMENT1 M+N+GEMENT +N-CONSER,+TION OF THE FISHERIES +N- +/0+TIC RESO0RCES1

INTEGR+TING +LL L+2S PERTINENT THERETO1 +N- FOR OTHER P0RPOSES*

Be it enacted by the Senate and House of (epresentative of the *hilippines in $ongressassembled 1::8;

SECTION %$ Title$ 7 )his #ct shall be <nown as ;The Philippine Fisheries Coe of %88(;

CH+PTER I

-ECL+R+TION OF POLIC5 +N- -EFINITIONS

SEC$ 9$ -eclaration of Polic: = it is hereby declared the policy of the State.

a to achieve food security as the overriding consideration in the utili>ation, management,

development conservation and protection of fishery resources in order to provide the foodneeds of the population # fle?ible policy towards the attainment of food security shall be

adopted in response to changes in demographic trends for fish, emerging trends in the tradeof fish and other a@uatic products in domestic and international mar<ets, and the law of

supply and demandA

b to limit access to the fishery and a@uatic resources of the *hilippines for the e?clusive useand enoyment of &ilipino citi>ensA

c to ensure the rational and sustainable development, management and conservation of the

fishery and a@uatic resources in *hilippine water including the '?clusive 'conomic 6one

C''6D and in the adacent high seas, consistent with the primordial obective of maintaininga sound ecological balance, protecting and enhancing the @uality of the environmentA

d to protect the rights of fisherfol<, especially of the local communities with priority to

municipal fisherfol<, in the preferential use of the municipal waters Such preferential use,

shall be based on, but not limited to, 2a?imum Sustainableield C2SD or Etotal #llowable $atch C #$D on the basis of resources and

ecological conditions, and shall be consistent with our commitments underinternational treaties and agreementA



e to provide support to the fishery sector, primarily to the municipal fisherfol<,

including women and youth sectors, through appropriate technology andresearch, ade@uate financial, production, construction of post=harvest facilities,

mar<eting assistance, and other services )he he protection of municipal fisherfol<

against foreign intrusion shall e?tend to offshore fishing grounds &ishwor<ersshall receive a ust share for their labor in the utili>ation of marine and fishery

resourcesA

f to manage fishery and a@uatic resources, in a manner consistent with the concept of an

integrated coastal area management in specific natural fishery management areas,appropriately supported by research, technical services and guidance provided by the StateA

and

g to grant the private sector the privilege to utili>e fishery resources under the basicconcept that the grantee, licensee or permittee thereof shall not only be a

privileged beneficiary of the State but also an active par participant and partner of the3overnment in the sustainable development, management, conservation and

protection of the lA fishery and a@uatic resources of the country

)he State shall ensure the attainment of the following obectives of the fishery sectorA

1$onservation, protection and sustained management of the countryEs fishery and a@uatic

resourcesA

F *overty alleviation and the provision of supplementary livelihood among municipalfisherfol<A

! mprovement of productivity of a@uaculture within ecological limitsA

G %ptimal utili>ation of offshore and deep=sea resourcesA and

+pgrading of post=harvest technology

SEC$ 3$ +pplication of its Pro"isions$ = )he provisions of this $ode shall be enforced in.

a all *hilippine waters including other waters over which the *hilippines has

sovereignty and urisdiction, and the countryEs F00=nautical mile '?clusive 'conomic 6oneC''6D and continental shelfA

b all a@uatic and fishery resources whether inland, coastal or offshore fishing areas,

including but not limited to fishponds, fish pensIcagesA and

c all lands devoted to a@uaculture, or businesses and activities relating to fishery,whether private or public lands

SEC$ ;$ -efinition of Terms$ = #s used in this $ode, the following terms and phrases shall

mean as follows.

1 #ncillary ndustries = firms or companies related to the supply, construction and

maintenance of fishing vessels, gears, nets and other fishing paraphernaliaA fishery machine



shopsA and other facilities such as hatcheries, nurseries, feed plants, cold storage and

refrigeration, processing plants and other pre=harvest and post=harvest facilities

F #ppropriate &ishing )echnology= adaptable technology, both in fishing and ancillary

industries, that is ecologically sound, locally source=based and labor intensive

! #@uaculture = fishery operations involving all forms of raising and culturing fish and otherfishery species in fresh, brac<ish and marine water areas

G #@uatic *ollution = the introduction by human or machine, directly or indirectly, ofsubstances or energy to the a@uatic environment which result or is li<ely to result in such

deleterious effects as to harm living and non=living a@uatic resources, pose potential andIorreal ha>ard to human health, hindrance to a@uatic activities such as fishing and navigation,

including dumpingIdisposal of waste and other marine litters, discharge of petroleum orresidual products of petroleum %f carbonaceous materialsIsubstances, and other,

radioactive, no?ious or harmful li@uid, gaseous or solid substances, from any water, land orair transport or other human=made structure eforestation, unsound agricultural practices

such as the use of banned chemicals and e?cessive use of chemicals, intensive use ofartificial fish feed, and wetland conversion, which cause similar ha>ards and deleterious

effects shall also constitute a@uatic pollution

#@uatic (esources = includes fish, all other a@uatic flora and fauna and other livingresources of the a@uatic environment including, but not limited to, salt and corals

" #rtificial (eef i = any structure of natural or man=made materials placed on a body of

water to serve as sheller and habitat, source of food, breeding areas for fishery species andshoreline protection

7 $atch $eilings = refer to the annual catch limits allowed to be ta<en, gathered or

harvested from any fishing area in consideration of the need to prevent overfishing andharmful depletion of breeding stoc<s of a@uatic organisms

8 $losed Season = the period during which the ta<ing of specified fishery species by aspecified fishing gear is prohibited in a specified area or areas in *hilippines waters

: $oastal #reaI6one = is a band of dry land and adacent ocean space Cwater andsubmerged landD in which terrestrial processes and uses directly affect oceanic processes

and uses, and vice versaA its geographic e?tent may include areas within a landmar< limit ofone C1D <ilometer from the shoreline at high tide to include mangrove swamps, brac<ish

water ponds, nipa swamps, estuarine rivers, sandy beaches and other areas within aseaward limit of F00 meters isobath to include coral reefs, algal flats, seagrass beds and

other soft=bottom areas

10 $ommercial &ishing = the ta<ing of fishery species by passive or active gear for trade,business or profit beyond subsistence or sports fishing to be further classified as.

1 Small scale commercial fishing = fishing with passive or active gear utili>ing fishing vesselsof !1 gross tons C3) D up to twenty CF0D 3) A

F 2edium scale commercial fishing = fishing utili>ing active gears and vessels of F01 3)A up



to one hundred fifty C 10D 3)A and

! /arge scale commercial fishing = fishing utili>ing active gears and vessels of more than

one hundred fifty C10D 3)

11 $ommercial Scale = a scheme of producing a minimum harvest per hectare per year of

mil<fish or other species including those raised in pens, cages, and tan<s to be determinedby the epartment in consultation with the concerned sectors.

1F $oral = the hard calcareous substance made up of the s<eleton of marine coelenterate

polyps which include reefs, shelves and atolls or any of the marine coelenterate animalsliving in colonies where their s<eletons form a stony mass E)hey include. CaD s<eletons of

antho>oan coelenterates characteri>ed as having a rigid a?is of compact calcareous or hornyspicules, belonging to the genus corallium as represented by the red, pin<, and white corals

which are considered precious coralsA CbD s<eletons of antho>oan coelenterates characteri>edby thorny, horny a?is such as the antipatharians represented by the blac< corals which are

considered semi=precious coralsA and CcD ordinary corals which are any <ind of corals that are

not precious nor semi=precious

1! $oral (eef = a natural aggregation of coral s<eleton, with or without living coral polyps,

occurring in interlidal and subtidal marine waters

1G emarcated #reas = boundaries defined by mar<ers and assigned e?clusively to specificindividuals or organi>ations for certain specified and limited uses such as.

a #@uaculture, sea ranching and sea farmingA

b &ish aggregating devicesAc &i?ed and passive fishing gearsA and

d &ry and fingerlings gathering

1 epartment = shall mean the epartment of #griculture

1" 'lectrofishing = the use of electricity generated by batteries, electric generator and other

source of electric power to <ill, stupefy, disable or render unconscious fishery species,whether or not the same are subse@uently recovered

17 'ndangered, (are andIor )hreatened Species = a@uatic plants, animals, including some

varieties of corals and sea shells in danger of e?tinction as provided for in e?isting fisherylaws, rules and regulations or in the *rotected #reas and ildlife Bureau of the epartment

of 'nvironment and Natural (esources C'N(D and in the $onvention of the nternational)rade of 'ndangered Species of &lora and &auna C$)'SD

18 '?clusive 'conomic 6one C''6D = an area beyond and adacent to the territorial sea

which shall not e?tend beyond F00 nautical miles from the baselines as defined under

e?isting laws

1: &#(2$s = the &isheries and #@uatic (esources 2anagement $ouncils

F0 &arm=to=2ar<et (oads = shall include roads lin<ing the fisheries production sites, coastal

landing points and other post=harvest facilities to maor mar<et and arterial roads and



highways

F1 &ine 2esh Net = net with mesh si>e of less than three centimeters C! cmD measured

between two CFD opposite <nots of a full mesh when stretched or as otherwise determined by

the appropriate government agency

FF &ish and &isheryI#@uatic *roducts = include not only finfish but also mollus<s,crustaceans, echinoderms, marine mammals, and all other species of a@uatic flora and fauna

and all other products of a@uatic living resources in any form

F! &ish $age = refers to an enclosure which is stationary or floating made up of nets or

screens sewn or fastened together and installed in the water with opening at the surface orcovered and held in a place by woodenIbamboo posts or various types of anchors and floats

FG &ish $orral or ;Ba<lad; = a stationary weir or trap devised to intercept and capture fish

consisting of rows of bamboo sta<es, plastic nets and other materials fenced with splitbamboo mattings or wire mattings with one or more enclosures, usually with easy entrance

but difficult e?it, and with or without leaders to direct the fish to the catching chambers,purse or bags

F &ish fingerlings = a stage in the life cycle of the fish measuring to about "=1! cm

depending on the species

F" &ish fry = a stage at which a fish has ust been hatched usually with si>es from 1=F cm

F7 &ish pen = an artificial enclosure constructed within a body of water for culturing fish andfisheryIa@uatic resources made up of poles closely arranged in an enclosure with wooden

materials, screen or nylon netting to prevent escape of fish

F8 &isherfol< = people directly or personally and physically engaged in ta<ing andIorculturing and processing fishery andIor a@uatic resources

F: &isherfol< $ooperative = a duly registered association of fisherfol< with a common bondof interest who have voluntarily oined together to achieve a lawful common social or

economic end, ma<ing e@uitable contribution to the capital re@uirement and accepting a fair

share of the ris<s and benefits of the underta<ings in accordance with universally acceptedcooperative principles

!0 &isherfol< %rgani>ation = an organi>ed group association, federation, alliance or an

institutions of fisherfol< which has at least fifteen C1D members, a set of officers, aconstitution and by=laws, an organi>ational structure and a program of action

!1 &isheries = refers to all activities relating to the act or business of fishing , culturingpreserving processing mar<eting, developing, conserving and managing a@uatic resourcesand the fishery areas, including the privilege to fish or ta<e a@uatic resource thereof

!F &ish *ond = a land=based facility enclosed with earthen or stone material to impound

water for growing fish

!! &ishing BoatI3ear /icense = a permit to operate specific types of fishing boatIgear forspecific durations in areas beyond municipal waters for demersal or pelagic fishery



resources

!G &ishery 2anagement #reas = a bay, gulf, la<e or any other fishery area which may be

delineated for fishery resource management purposes

! &ishery %perator = one who owns and provides the means including land, labor, capital,

fishing gears and vessels, but does not personally engage in fishery

!" &ishery (efuge and Sanctuaries = a designated area where fishing or other forms of

activities which may damage the ecosystem of the area is prohibited and human access maybe restricted

!7 &ishery (eserve = a designated area where activities are regulated and set aside for

educational and research purposes

!8 &ishery Species = all a@uatic flora and fauna including but not restricted to, fish, algae,coelenterates, mollus<s, crustaceans, echinoderms and cetaceans

!: &ishing = the ta<ing of fishery species from their wild state or habitat, with or without the

use of fishing vessels

G0 &ishing gear = any instrument or device and its accessories utili>ed in ta<ing fish andother fishery species

a #ctive fishing gear = is a fishing device characteri>ed by gear movements, andIor thepursuit of the target species by towing, lifting, and pushing the gears, surrounding, covering,

dredging, pumping and seating the target species to impoundmentsA such as, but not limitedto, trawl, purse seines, anish seines, bagnets, paaling, drift gill net and tuna longline

b *assive fishing gear = is characteri>ed by the absence of gear movements andIor thepursuit of the target speciesA such as, but not limited to, hoo< and line, fishpots, traps and

gill nets across the path of the fish

G1 &ishing vessel = any boat, ship or other watercraft e@uipped to be used for ta<ing offishery species or aiding or assisting one C1D or move vessels in the performance of any

activity relating to fishing, including, but noJ limited to, preservation, supply, storage,refrigeration, transportation andIor processing

GF &ishing with '?plosives =the use of the dynamite, other e?plosives or other chemical

compounds that contains combustible elements or ingredients which upon ignition byfriction, concussion, percussion or detonation of all or parts of the compound will <ill,

stupefy, disable or render unconscious any fishery species t also refers to the use of any

other substance andIor device which causes an e?plosion that is capable of producing thesaid harmful effects on any fishery species and a@uatic resources and capable of damagingand altering the natural habitat

G! &ishing with No?ious or *oisonous Substances = he use of any substance, plant e?tracts

or uice thereof, sodium cyanide andIor cyanide compounds or other chemicals either in araw or processed form, harmful or harmless to human beings, which will <ill, stupefy, disable

or render unconscious any fishery species and a@uatic resources and capable of damaging



and altering the natural habitat

GG &ishwor<er = a person regularly or not regularly employed in commercial fishing and

related industries, whose income is either in wage, profit=sharing or stratified sharing basis,

including those wor<ing in fishpens, fish cages, fish corralsItraps, fishponds prawn farms seafarms, salt beds, fish ports, fishing boat or trawlers, or fish processing andIor pac<ing plants

'?cluded than this category are administrators, security guards and overseers

G &ood Security = refers to any plan policy or strategy aimed at ensuring ade@uate supplies

of appropriate food at affordable prices &ood security may be achieved through self=sufficiency Ci e ensuring ade@uate food supplies from domestic productionD through self=

reliance Ci e ensuring ade@uate food supplies through a combination of domestic productionand importationD or through pure importation

G" &oreshore /and = a string of land margining a body of water. the part of a seashore

between the low=water line usually at the seaward margin of a low tide terraces and theupper limit of wave wash at high tide usually mar<ed by a beach scarp or berm

G7 &ully=developed &ishpond #rea = a clean leveled are a enclosed by di<es at least one

fool higher than the highest floodwater level in the locality and strong enough lo resistpressure at the highest flood tideA consists of all least a nursery pond, a transition pond a

rearing pond or a combination of any or all said classes of ponds and a functional watercontrol system and producing in a commercial scale

G8 3ross )onnage = includes the underdec< tonnage permanently enclosed spaces above the

tonnage dec< e?cept for certain e?emptions n broad terms all the vesselEs Eclosed=inE spacese?pressed in volume terms on the bases of one hundred cubic feet Cthat e@uals one gross

tonD

G: nland &ishery = the freshwater fishery and brac<ish water fishponds

0 /a<e = an inland body of water an e?panded part of a river a reservoir formed by a dam

or a la<e basin intermittently or formerly covered by water

1 /imited #ccess = a fishery policy by which a system of e@uitable resource use and

allocation is established by law through fishery rights granting and licensing procedure asprovided by this $ode

F 2angroves = a community of intertidal plants including all species of trees shrubs, vines

and herbs found on coasts swamps or border of swamps

! 2a?imum Sustainable ield C2SD = is the largest average @uantity ofE fish that can be

harvested from a fish stoc<sIresource within a period of time Ceg one yearD on a sustainablebasis under e?isting environmental conditions

G 2igratory species = refers to any fishery species which in the course of their life couldtravel from freshwater to marine water or vice versa, or any marine species which travel

over great distances in waters of the ocean as part of their behavioral adaptation for survivaland speciationA



CaD #nadromous species = marine fishes which migrate to freshwater areas to spawnA

Cb $atadromous species = freshwater fishes which migrate to marine areas to spawn

2onitoring, control and surveillance

a 2onitoring = the re@uirement of continously observing. C1D fishing effort which can bee?pressed by the number of days or hours of fishing, number of fishing gears and number of

fisherfol<A CFD characteristics of fishery resourcesA and C!D resource yields CcatchDA

b $ontrol = the regulatory conditions Clegal framewor<D under which the e?ploitation,utili>ation and disposition of the resources may be conductedA and

c Surveillance = the degree and types of observations re@uired to maintain compliance with

regulations

" 2unicipal fisherfol< = persons who are directly or indirectly engaged in municipal fishing

and other related fishing activities

7 2unicipal fishing = refers to fishing within municipal waters using fishing vessels of three

C!D gross tons or less, or fishing not re@uiring the use of fishing vessels

8 2unicipal I waters = include not only streams, la<es, inland bodies of water and tidalwaters within the municipality which are not included within the protected areas as defined

under (epublic #ct No 78" C )he N*#S /awD, public forest, timber lands, forest reservesor fishery reserves, but also marine waters included between two CFD lines drawn

perpendicular to the general coastline from points where the boundary lines of themunicipality touch the sea at low tide and a third line parallel with the general coastline

including offshore islands and fifteen C1D <ilometers from such coastline here two CFD

municipalities are so situated on opposite shores that there is less than thirty C!0D<ilometers of marine walers between them, the third line shall be e@ually distant from the

opposite shore of the respective municipalities

: Non=governmental organi>ations CN3%D = an agency, institution, a foundation or a group

of persons whose purpose is to assist peoples organi>ationsIassociations in various waysincluding, but not limited to, organi>ing education, training,, research andIor resource

accessing

"0 *ayao = a fish aggregating device consisting of it floating raft anchored by a weightedline with suspended materials such as palm fronds to attract pelagic and schooling species

common in deep waters"1 *earl &arm /ease = public waters leased for the purpose of producing cultured

"F *eopleEs %rgani>ation = a bonafide association of citi>ens with demonstrated capacity to

promote the public interest and with identifiable leadership, membership and structure tsmembers belong to a sectorIs who voluntarily band themselves together to wor< for and by

themselves for their own upliftment, development and greater good

"! *erson = natural or uridical entities such as individuals, associations, partnership,cooperatives or corporations



"G *hilippine waters = include all bodies of water within the *hilippine territory such asla<es, rivers, streams, cree<s, broo<s, ponds, swamps,, lagoons, gulfs, bays and seas and

other bodies of water now e?isting or which may hereafter e?ist in the provinces, cities,

municipalities, and barangays and the waters around, between and connecting the islands of the archipelago regardless of their breadth and dimensions, the territorial sea, the sea beds,

the insular shelves and all other waters over which the *hilippine bits sovereignty and urisdiction, including the F00=nautical miles e?clusive economic >one and the continental

shelf

" *ost=harvest facilities = these facilities include, but are not limited to, fishport,

fishlanding, ice plants and cold storages, fish processing plants

"" *urse Seine = a form of= encircling net having a line at the bottom passing through ringsattached to the net, which can be drawn or pursed n general, the net is set from a boat or

pair of boats around the school of fish )he bottom of the net is pulled closed with the purseline )he net is then pulled aboard the fishing boat or boats until )$ fish are concentrated in

the bunt or fish bag

"7 (esource (ent = the difference between the value of the products produced

from harvesting a publicly owned resource less the cost of producing it, where cost includesthe normal return to capital and normal return to labor

"8 Sea farming = the stoc<ing of natural or hatchery= produced marine plants or Kanimals,

under controlled conditions, for purposes of rearing and harvesting, but not limited to icommercially=important fishes, mollus<s Csuch as pearl and giant clam cultureD, including

seaweeds and seagrasses

": Sea ranching = the release of the young of fishery species reared in hatcheries andnurseries into natural bodies of water for subse@uent harvest at maturity or the manipulation

of fishery habitat, to encourage the growth of the wild stoc<s

70 Secretary = the Secretary of the epartment of #griculture

71 Superlight = also called magic light, is a type of light using halogen or metal halide bulbwhich may be located above the sea surface or submerged in the water t consists of a

ballast, regulator, electric cable and soc<et )he source of energy comes from a generator,battery or dynamo coupled with the main engine

7F )otal #llowable $atch C)#$D = the ma?imum harvest allowed to he ta<en during a given

period of time from any fishery area, or from any fishery species or group of fishery species,

or a combination of area and species and normally would not e?ceed the 2S

7! )rawl = an active fishing gear consisting of a bag shaped net with or without otter boards

to open its opening which is dragged or towed along the bottom or through the watercolumn to ta<e fishery species by straining them from the water, including all variations and

modifications of trawls i bottom, mid=water, and baby trawlsD and tow nets

CH+PTER %%



0TILI<+TION1 M+N+GEMENT1 -E,ELOPMENT1 CONSER,+TION +N- +LLOC+TION

S5STEM OF FISHERIES +N- +/0+TIC RESO0RCES

SEC$ 6$ 0se of Philippine 2aters$ = )he use and e?ploitation of the fishery and a@uatic

resources in *hilippine waters shall be reserved e?clusively to &ilipinos. *rovided, however,)hat research and survey activities may be allowed under strict regulations, for purely

research, scientific, technological and educational purposes that would also benefit &ilipinociti>ens

SEC$ 4$ Fees an Other Fisher: Char!es$ = )he rentals for fishpond areas covered by the

&ishpond /ease #greement C&/#D and license fees for $ommercial &ishing Boat /icensesC$&B/D shall be set at levels that reflect resource rent accruing from the utili>ation of

resources and shall be determined by the epartment. *rovided,)hat the epartment shallalso prescribe fees and other fishery charges and issue the corresponding license or permit

for fishingA gear, fishing accessories and other fishery activities beyond the municipal waters.*rovided, further, that the license fees of fishery activity in municipal waters shall be

determined by the /ocal 3overnment +nits C/3+sD in consultation with the &#(2$s )he

&#(2$s may also recommend the appropriate license fees that will be imposed

SEC$ &$ +ccess to Fisher: Resources$ = )he epartment shall issue such number of

licenses and permits for the conduct of fishery activities subect to the limits of the 2S ofthe resource as determined by scientific studies or best available evidence *reference shall

be given to resource users in the local communities adacent or nearest to the municipalwaters

SEC$ ($ Catch Ceilin! Limitations$ = )he Secretary may prescribe limitations or @uota on

the total @uantity of fish captured, for a specified period of time and specified area based onthe best available evidence Such a catch ceiling may be imposed per species of fish

whenever necessary and practicable. *rovided, however, that in municipal waters and fishery

management areas, and waters under the urisdiction of special agencies, catch ceilings maybe established upon the concurrence and approval or recommendation of such special

agency and the concerned /3+ in consultation with the &#(2$ for conservation or ecological

purposes

SEC$ 8$ Establishment of Close Season$ = )he Secretary may declare,through publicnotice in at least two CFD newspapers of general circulation or in public service

announcements, whichever is applicable, at least five CD days before the declaration aclosed season in any or all *hilippine waters outside the boundary of municipal waters and in

bays, for conservation and ecological purposes )he Secretary may include waters under the urisdiction of special agencies, municipal waters and bays, andIor other areas reserved for

the use of the municipal fisherfol< in the area to be covered by the closed season. *rovided,however, )hat this shall be clone only upon the concurrence and approval or

recommendation of such special agency and the concerned /3+ and &#(2$.. *rovided,furtherA )hat in municipal waters, fishery

management areas and other areas reserved for the use of the municipal fisherfol<, closedseason K may be established by the concerned /3+ ill consultation with the &#(2$ for

conservation K or ecological purposes )he &#(2$s may also recommend the establishmentofE closed seasons in municipal waters, fisheries management and other areas reserved for

the use of the municipal fisherfol<



SEC$ %'$ introuction of Forei!n +=uatic Species$ = No foreign finfish, mollus<,

crustacean or a@uatic plants shall be introduced in *hilippine waters without a soundecological, biological and environmental ustification based on scientific studies subect to the

bio=safety standard as provided for by e?isting laws *rovided, however, )hat the epartment

may approve the introduction of foreign a@uatic species for scientificIresearch purposes

SEC$ %%$ Protection of Rare1 Threatene an Enan!ere Species$ = )he epartmentshall declare closed seasons and ta<e conservation and rehabilitation measures for rare,

threatened and endangered species, as it may determine, and shall ban the fishing andIor

ta<ing of rare, threatened andIor endangered species, including their eggsIoffspring asidentified by e?isting laws in concurrence with concerned government agencies

SEC$ %9$ En"ironmental Impact Statement >EIS?$ = #ll government agencies as well as

private corporations, firms and entities who intend to underta<e activities or proects whichwill affect Jhe @uality of the environment shall be re@uired to prepare a detailed

'nvironmental mpact Statement C'SD prior to underta<ing such development activity hepreparation of the 'S shall form an integral part %r the entire planning process pursuant to

the provisions of * No 18" as well as its implementing rules and regulations

SEC$ %3$ En"ironmental Compliance Certificate >ECC?$ = #ll 'nvironmental mpactStatements C'SD shall be submitted to the epartment of 'nvironment and Natural

(esources C'N(D for review and evaluation No person, natural or udicial, shall underta<eany development proect without first securing an 'nvironmental $ompliance $ertificate

C'$$D from the Secretary of the 'N(

SEC$ %;$ Monitorin! Control an Sur"eillance of the Philippine 2aters$ = #monitoring, control and surveillance system shall be established by the epartment in

coordination with /3+s, &#(2$s, the private sectors and other agencies concerned to ensurethat the fisheries and a@uatic resources in the *hilippine waters are udiciously and wisely

utili>ed and managed on a sustainable basis and conserved for the benefit and enoymente?clusively of &ilipino citi>ens

SEC$ %6$ +u@iliar: in"oices$ = #ll fish and fishery products must have an au?iliary invoiceto be issued by the /3+s or their duly authori>ed representatives prior to their transport

from their point of origin to their point of destination in the *hilippines andIor e?port

purposes upon payment of a fee to be determined by the /3+s to defray administrative costtherefore

+RTICLE IM0NICIP+L FISHERIES

SEC$ %4$ Aurisiction of the MunicipalBCit: Go"ernments$ = )he municipalIcity

government shall have urisdiction over municipal waters as defined in this $ode )hemunicipalityI$ity government, in coordination with &#(2$, enact appropriate ordinances forthis purpose and in accordance with the National &isheries *olicy )he ordinance enacted by

the municipality and component city shall be reviewed pursuant to (# 71"0 by theirsanggunian of the province which has urisdiction over the same )he /3+s shall also enforce

all fishery laws , rules and regulations as well as valid fishery ordinances enacted by themunicipalityIcity councilor



)he management of contiguous fishery resources such as bays which straddled several

municipalities, cities, and provinces, shall be done in an integrated manner and not based onpolitical subdivisions of municipal waters in order to facilitate their management as single

resource systems )he /3+s which share or border such resources may group themselves

and coordinate with each other to achieve the obectives of integrated fishery resourcemanagement )he integrated &isheries and #@uatic (esource 2anagement $ouncils

C&#(2$sD established under Section 7" of this $ode shall serve as the venues for closecollaboration among /3+s in the management of contiguous resources

SEC$ %&$ Grant of fishin! pri"ile!es in municipal aters = )he duly registeredfisherfol< organi>ationIcooperatives shall have preferences in the grant of fishery rights by

the 2unicipalI$ity $ouncil pursuant to Section 1G: of the /ocal 3overnment $ode Provided , that the in the area where there are special agencies or offices vested with

urisdiction over municipal water by virtue of special law creating these agencies such as, butnot limited to the /aguna /a<e evelopment #uthority and the *alawan $ouncil for

Sustainable evelopment, said offices and agencies shall continue to grant permits forproper management and implementation of the aforementioned structures

SEC$ %($ 0sers of Municipal 2aters$ = #ll fishery related activities in municipal waters, as

defined in this $ode, shall be utili>ed by municipal fisherfol< and theircooperativesIorgani>ations who are listed as such in the registry of municipal fisherfol<

)he municipal or city government, however, may, through its local chief e?ecutive and acting

pursuant to an appropriate ordinance, authori>e or permit shall and medium commercialfishing vessels to operate within the then point one C101D to fifteen C1D <ilometer area

from the shoreline in municipal waters as defined herein, provided, that all the following aremet.

a no commercial fishing in municipal waters with depth less than seven C7D fathoms as

certified by the appropriate agencyA

b fishing activities utili>ing methods and gears that are determined to be consistent with

national polices set by the epartment

c prior consultation, through public hearing, with the 2I$&#(2$ has been conductedA 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 $ode, environmental laws andrelated laws

n no case shall the authori>ation or permit mentioned above be granted for fishing in bays

as determined by the epartment to be in an environmentally critical condition and during

closed season as provided for in Section : of this $ode

SEC$ %8$ Re!istr: of MunicipalD Fisherfol$ = )he /3+ shall maintain a registry of

municipal fisherfol<, who are fishing or may desire to fish in municipal waters for thepurpose of determining priorities among them, of limiting entry into the municipal waters,

and of monitoring fishing activities andIor other related purposes. Provided, )hat the &#(2$shall submit to the /3+ 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



*hilippine waters pursuant to an international agreement of which the *hilippines is a

signatory and which agreement defines the status, privileges and obligations of said vesseland its crew and the non=&ilipino officials, of the international agency under which said

vessel operatesA *rovided, furtherA that members of the crew of a fishing vessel used for

commercial fishing e?cept the duly licensed andIor authori>ed patrons, marine engineers,radio operators and coo<s shall be considered as fisherfol<. *rovided, furthermore, )hat all

s<ippersImaster fishers shall be re@uired to underta<e an orientation training on detection of fish caught by illegal means before they can be issued their fishwor<er licenses. *rovided, K

finally, )hat the large commercial fishing vessel license herein authori>ed to he granted shall

allow the licensee to operate only in *hilippine waters seven C7D or more fathoms deep, thedepth to be certified by the N#2(#, and subect to the conditions that may be stated

therein and the rules and regulations that may be promulgated by the epartment

SEC$ 9&$ Persons epartment for Commercial Fishin! ,essel license$ = No commercialfishing vessel license shall be issued e?cept to citi>ens of the *hilippines partnerships or to

associations, cooperatives or corporations duly registered in the *hilippines at least si?typercent C"0LD of the capital stoc< of which is owned by &ilipino $iti>ens No person to whom

a license has been issued shall sell, transfer or assign, directly or indirectly his stoc< orinterest therein to any person not @ualified to hold a license #ny such transfer, sale or

assignment shall be null and void and shall not be registered in the hoo<s ofE the association,cooperative or corporation

&or purposes of commercial fishing, fishing vessels owned by citi>ens of the *hilippines,

partnerships, corporations, cooperatives or associations @ualified under this section shallsecure $ertificates of *hilippines (egistry and such other documents as arc necessary for

fishing operations from the concerned agencies *rovided, Ethat the commercial fishing vessellicense shall be valid for a period to be determined by the epartment

SEC$ 9($ Commercial Fishin! ,essels Re!istration$ = )he registration, documentation,

inspection and manning of the operation of all types of fishing vessels plying *hilippineswaters shall be in accordance with e?isting laws, rules and regulations

SEC$ 98$ Re!istration an licensin! of Fishin! 3ears +sed in $ommercial &ishing =Before a commercial fishing vessel holding a commercial fishing vessel license may begin

fishing operations in *hilippine waters, the fishing gear it will utili>e in fishing shall be

registered and a license granted therefore )he epartment shall promulgate guidelines toimplement this provision within si?ty C"0D days from approval of this $ode

SEC$ 3'$ Reneal of Commercial #oat License$ = )he commercial fishing boat license

shall be renewed every three C!D years

)he ownerIoperator of a fishing vessel has a period of si?ty C"0D days prior to the

e?piration of the license within which to renew the same

SEC$ 3%$ Report of Transfer of Onership = )he ownerIoperator of a registered fishing

vessel shall notify the epartment in writing of the transfer of the ownership of the vesselwith a copy of such document within ten C10D clays after its transfer to another person

SEC$ 39$ Fishin! b: Philippine Commercial Fishin! Fleet in International 2aters =

&ishing vessels of *hilippines registry may operate in international waters or waters of othercountries which allow such fishing operations. *rovided, that they comply with the safety,



manning and other re@uirements of the *hilippine $oast 3uard, 2aritime ndustry #uthority

and other agencies concerned . *rovided, however )hat they secure an international fishingpermit and certificate of clearance from the epartment. *rovided, further )hat the fish

caught by such vessels shall be considered as caught in *hilippine waters and therefore not

subect to all import duties and ta?es only when the same is landed in duly designated fishlandings and fish ports in the *hilippines. *rovided, furthermore, )hat landing ports

established by canneries, seafood processors and all fish landing sites established prior tothe effectivity of this $ode shall he considered authori>ed landing sites. *rovided, &inally,

that fishwor<ers on board *hilippine registered fishing vessels conducting fishing activities

beyond the *hilippine '?clusive 'conomic 6one are not considered as overseas &ilipinowor<ers

SEC$ 33$ Importation I of of Fishin! ,essels or Construction of Ne Fishin! #oats$ =

*rior to the importation of fishing vessels and the $onstruction of new fishing vessels, theapprovalIclearance of the epartment must first be obtained

SEC$ 3;$ Incenti"es for Municipal an Small7Scale Commercial Fisherfol$ = 2unicipal

and small=scale commercial fisherfol< shall he granted incentives which shall include, but arenot limited to, the following.

a at least ten percent C10LD of the credit and the guarantee funds of government financinginstitutions shall he made available for post=harvest and mar<eting proects for the purpose

of enhancing our fisherfol< competitiveness by reducing post=harvest losses 5ualifiedproects shall include but shall not he limited to ice plants, cold storage, canning,

warehouse, transport and other related infrastructure proects and facilitiesA and

b the epartment shall underta<e the following programs.

1 a capability=building program for targeted parties shall he developed by the epartment

to promote greater ban<ability and credit worthiness of municipal and small=scalecommercial fisher Such program shall include organi>ing activities, technology transfer, and

s<ills training related to commercial fishing as well as credit management 3roups andcooperatives organi>ed under the program shall have priority access overE credit and

guarantee funds established under this $odeA

F and an information campaign shall be conducted to promote the capability and creditprograms )he campaign shall ensure greater information dissemination and accessibility to

targeted fisherfol<

SEC$ 36$ Incenti"es for Commercial Fishers to Fish Farther into Bthe E@clusi"eEconomic <one >EE<? = n order to encourage fishing vessel operators to fish farther in

the ''6 and beyond, new incentives for improvement of fishing vessels and ac@uisition of

fishing e@uipment shall be granted in addition to incentive already available from the Boardof nvestments CB%D Such incentives shall be granted subect to e?haustive evaluation ofresource and e?ploitation conditions in the specified areas of fishing operations )he

incentive shall include but not be limited to.

a long term loans supported by guarantee facilities to finance the building and ac@uisition

andIor improvement of fishing vessels and e@uipmentA



b commercial fishing vessel operators of *hilippines registry shall enoy a a limited period of

ta? and duty e?emptions %tt the importation of fishing vessels not more than five yearsold, e@uipment and paraphernalia, the period of e?emption and guidelines shall be fi?ed by

the epartment within ninety C:0D days from the effectivity of this $odeA

c commercial fishing operator of *hilippines registry engaged in fisheries in the high seas

shall be entitled to duty and ta? rebates on fuel consumption for commercial fisheriesoperations 3uidelines shall be promulgated within ninety C:0D days from the effectivity of

this $ode by the epartment and

d all applicable incentives available under the %mnibus investment $ode ofE 1:87. *rovided,

)hat the fishing operation proect is @ualified for registration and is duly registered with theB%

SEC$ 34$ Complement of Fishin! ,essels$ = 'very commercial fishing vessel of *hilippineregistry when actually operated, shall be manned in accordance with the re@uirements of the

*hilippine 2erchant 2arine rules and regulations

SEC$ 3&$ Meical Supplies an Life7Sa"in! -e"ices$ = #ll fishing vessels shall be provide

with ade@uate medical supplies and life=saving devices to be determined by the %ccupationalSafety and Health $enter. *rovided, )hat a fishing vessel of twenty CF0D 3) or more shall

have as a member ofE its crew a person @ualified as a first aider duly certified by the*hilippine National (ed $ross

SEC$ 3($ Reportorial Re=uirements$ = 'ach commercial fishing vessel shall <eep a dailyrecord of fish catch and spoilage, landing points, and @uantity and value of fish caught, and

off=loaded for transshipment, sale andIor other disposal etailed information shall be dulycertified by the vesselEs captain and transmitted monthly to the officer or representative of

the epartment, at the nearest designated landing point

SEC$ 38$ Report of Meteorolo!ical an Other -ata$ = #ll vessels and crafts passing

navigational lanes or engaged in fisheries activity shall be re@uired to contribute tometeorological and other data, and shall assist the epartment in documentation or

reporting of information vita to navigation and the fishing industry

SEC$ ;'$ Color Coe an Raio Fre=uenc:$ = &or administrative efficiency andenforcement of regulations, registered fishing vessels shall bear a color code as may be

determined by the epartment and may be assigned a radio fre@uency specific and districtto its area operation

SEC$ ;%$ Passa!e$ = $ommercial and other passage not in the regular conduct of nativity

shall be made at designated navigational lanes

SEC$ ;9$ Transshipment$ = &oreign fishing vessels wishing to avail or of land, air and seafacilities available in the *hilippines to transport fishery products which are caught outside

*hilippines territorial water to its final destination shall call only at duly designatedgovernment=owned or =controlled regional fish port comple?es after securing clearance from

the epartment

SEC$ ;3$ Operation of Raio Communication Facilities on #oar Fishin! ,essels$ =



the epartment shall promulgate guidelines in the operation of radio communication facilities

on board fishing vessels and the assignment of radio fre@uencies specific and distinct to areaof operation in coordination with the National l telecommunications commission

SEC$ ;;$ 0se of Superli!ht$ = )he number and wattage of superlights used in commercialfishing vessels shall be regulated by the epartment. *rovided, )hat the use of superlights is

banned within municipal waters and bays

+RTICLE III+/0+C0LT0RE

SEC$ ;6$ -isposition of Public BLans for Fisher: Purposes$ = *ublic lands such us tidalswamps, mangroves, marshes, foreshore lands and ponds suitable for fishery operations

shall not be disposed or alienated +pon effectivity of this $ode, &/# may be issued for publiclands that may be declared available for fishpond development primarily to @ualified

fisherfol< cooperativesIassociations. *rovided, however, )hat upon the e?piration of e?isting&/#s the current lessees shall be given priority and be entitled to an e?tension of twenty=five

CFD years in the utili>ation of their respective leased areas thereafter, such &/#s shall begranted to any &ilipino citi>en with preference, primarily to @ualified fisherfol<

cooperativesIassociations as well as small and medium enterprises as defined under (# 8F8:provide further that, the epartment shall declare as reservation, portions of available public

lands certified as suitable for fishpond purposes for fish sanctuary, conservation, andecological purposes. *rovided, finally, )hat two CFD years after the approval of this #ct, no

fish pens or fish cages or fish traps shall be allowed in la<es

SEC$ ;4$ Lease of Fishpons$ = &ishpond leased to @ualified persons and fisherfol<

organi>ationsIcooperatives shall be subect to the following conditions.

a #reas leased for fishpond purposes shall be no more than 0D hectares for individuals and

F0 hectares for corporations or fisherfol< organi>ationsA

b )he lease shall be for a period of twenty=five CFD years and renewable for another

twenty=live CFD years. *rovided,)hat in case of the death of the lessee, his spouse andIorchildren, as his heirs, shall have preemptive rights to the une?pired term of his &ishpond

/ease #greement subect to the same terms and conditions provided herein provided thatthe said heirs are @ualified

c /ease rates for fishpond areas shall be determined by the epartment. *rovided, )hat all

fees collected shall be remitted to the National &isheries (esearch and evelopment instituteand other @ualified research institutions to be used for a@uaculture research development

d )he area leased shall be developed and producing on a commercial scale within three C!D

years from the approval of the lease contract. *rovided, however, )hat all areas not fullyproducing within five CD years from the date of approval of the lease contract shall

automatically revert to the public domain for reforestationA

e )he fishpond shall not be subleased, in whole or in part, and failure to comply with thisprovision shall mean cancellation of &/#A

f )he transfer or assignment of rights to &/# shall be allowed only upon prior written



approval of the epartmentA

g )he lessee shall underta<e reforestation for river ban<s, bays, streams and seashore

fronting the di<e of his fishpond subect to the rules and regulations to be promulgated

thereonA and theE lessee shall provide facilities that will minimi>e environmental pollution,ie, settling ponds, reservoirs, etc. *rovided, )hat failure to comply with this provision shall

mean cancellation of &/#

SEC$ ;&$ Coe of practice Bor +=uaculture$ = )he epartment shall establish a code ofpractice for a@ua culture that will outline general principles and guidelines for

environmentally=sound design and operation to promote the sustainable development of theindustry Such code shall be developed through a consultative process with the 'N(, Cthe

fishwor<ers, &/# holders, fishpond owners, fisherfol< cooperatives, small=scale operators,research institutions and the academe, and other potential sta<eholders )he epartment

may consult with speciali>ed international organi>ations in the formulation of the code ofpractice

SEC$ ;($ Incenti"es an -isincenti"es for Sustainable +=uaculture Practices$ = )heepartment shall formulate incentives and disincentives, such as, but not limited to, effluentcharges, user fees and negotiable permits,, to encourage compliance with the environmental

standards and to promote sustainable management practices

SEC$ ;8$ Re"ersion of all +banone1 0ne"elope or 0nerutilie Fishpons$ =)he 'N(, in coordination with the epartment, /3+s, other concerned agencies and

&#(2$s shall determine which abandoned, undeveloped or underutili>ed fishponds coveredby &/#s can be reverted lo their original mangrove state and after having made such

determination shall ta<e all steps necessary to restore such areas in their oroginalmangroves state

SEC$ 6'$ +bsentee Fishpon Lease +!reement Holers$ = holders of fishpond leaseagreements who have ac@uired citi>enship in another country during the e?istence ofE the

&/# shall have their lease automatically canceled and the improvements thereon to be

forfeited in &avor of the government and disposed of in accordance with rules andregulations promulgated thereon

SEC$ 6%$ License to Operate Fish Pens1 Fish Ga!es1 Fish Traps an Other Structures

for the Culture of Fish an Other Fisher: Proucts$ = &ish pens, fish capes, fish trapsand other structures for the culture of fish and other fishery products shall be constructed

and shall operate only within established >ones duly designated by /3+s in consultation withthe

&#(2$ concerned consistent with national fisheries policies after the corresponding licenses

thereof have been secured )he area to be utili>ed for this purpose pose for individual personshall he determined by the /3+s in consultation with the concerned &#(2$. Provided ,

however, that not over ten percent C10LD of the suitable water surfaceA area of all la<es andrivers shall be allotted for a@uaculture purposes li<e fish pens, fish cages and fish trapsA and

the stoc<ing density and feeding re@uirement which shall he controlled and determined by itscarrying capacity. *rovided, further, that fish pens and fish cages located outside municipal

waters shall he constructed and operated only within fish pen and fish cage belts designatedby the epartment and after corresponding licenses therefore have been secured and the



fees thereof paid

SEC$ 69$ Pearl Farm Leases$ = )he foregoing provisions notwithstanding, e?isting pearl

farm leases shall he respected and allowed to operate under the terms thereof New leases

may be granted to @ualified persons who possess the necessary capital and technology, bythe /3+s having urisdiction over the area

SEC$ 63$ Grant of Pri"ile!es Operations of Fish Pens1 Ca!es1 CorralsBtraps an

Similar Structures$ = No new concessions, licenses, permits, leases and similar privileges

for the establishment or operation of fish peas, fish cages, fish corralsItraps and other

similar structures in municipal areas shall be granted e?cept to municipal fisherfol<s andtheir organi>ations

SEC$ 6;$ insurance for Fishpons1 Fish Ca!es an fish pens$ = nland fishponds, fish

cages and fish pens shall be covered under the insurance program of the *hilippines $ropinsurance $orporations for losses caused by force majeure and fortuitous events

SEC$ 66$ Non Obstruction to Na"i!ation$ = Nothing in the foregoing sections shall be

construed as permitting the lessee, licensee, or permittee to underta<e any constructionwhich will obstructJ the free navigations in any stream, river, la<es, or bays following

through or adoining the fish pens, fish cages, fish traps and fishponds, or impede the flow of the tide to and from the area #ny construction made in violation hereof shall be removed

+pon the order of the epartment in coordination with the other government agenciesconcerned at the e?pense of the lessee, licensee, or occupants Jhereof whenever applicable

1 he epartment shall within thirty C!0D days after the effectivity of this $ode formulate andimplement rules and regulations for the immediate dismantling of e?isting obstruction to

navigation

SEC$ 64$$ Non7Obstruction to -efine Mi!ration Paths = Nothing in the foregoingsections shall be construed as permitting the lessee, permittee, 07 licensee to underta<e any

construction K which will obstruct any defined migration path of migratory fish species suchas river mouths and estuaries within a istance determined by the concerned /3+s in

consultation with and upon the recommendation of the &#(2$s

SEC$ 6&$ Re!istration of Fish BHatcheries an Pri"ate Fishpons1 etc$ = #ll fish

hatcheries, fish breeding facilities and private fishponds must he registered with the /3+s

which shall prescribe minimum standards for such facilities in consultation with theepartment *rovided, E)hat the epartment shall conduct a yearly inventory of all fishponds

fish pens and fish cages whether in public or private lands. Provided , further, )hat allfishpond, fish pen and fish cage operators shall annually report to the epartment the type

of species and volume of production in areas devoted to a@uaculture

+RTICLE I,

POST7H+R,EST F+CILITIES +CTI,ITIES +N- TR+-ES

SEC$ 6($ Comprehensi"e Post7har"est an +ncillar: Inustries Plan$ = )he

epartment shall conduct a regular study of fisheries post=harvest operations and ancillaryindustries in the formulations of a comprehensive plan for post=harvest and ancillary

industries t shall ta<e into account, among others, the following.

a detailed and clear guidelines on the distribution, construction,, maintenance and use ofE



post=harvest infrastructure facilitiesA

b e?tension of credit and incentives for post=harvest operationsA

c promotion and strengthening of semi=processing, processing a and handling

d development of domestic fishmeal industry

e development of fisheries ship=building and repair as a viable industryA

f development and strengthening of mar<eting facilities and activities, including the pricing

system, with emphasis on collecting mar<eting and the elimination of middlemenA

g increased participation of cooperatives and non=government organi>ations in post=harvestoperations and ancillary industriesA and

h integration of fisheries post=harvest operations into the national fisheries plan

SEC$ 68$ Establishment of Post7Har"est Facilities for Fishin! Communities$ = )he/3+s shall coordinate with the private sector and other concerned agencies and &#(2$s in

the establishment of post=harvest facilities for fishing communities such as, but not limitedto, municipal fish landing sites, fish ports, ice plants and cold storage and other fish

processing establishments to serve primarily the needs of municipal fisherfol<. Provided, )hat such post=harvest facilities shall be consistent with the $omprehensive *ost=harvest and

#ncillary ndustries *lan

SEC$ 4'$ Re!istration an Licensin! of all Post7Har"est Facilities$ = #ll post=harvestfacilities such as fish processing plants, ice plants, and cold storages, fish portsIlandings and

other fishery business establishments must register with and be licensed by the /3+s which

shall prescribe minimum standards for such facilities in consultation with the epartment

SEC$ 4%$ Importation an E@portation of Fisher: Proucts$ =

a '?port of &ishery products shall be regulated whenever such e?portation affects domesticfood security and production. Provided, )hat e?portation of live fish shall be prohibited

e?cept those which are hatched or propagated in accredited hatcheries and ponds

b )o protect and maintain the local biodiversity or ensure the sufficiency of domestic supply,spawners, breeders, eggs and fry of bangus, prawn and other endemic species, as may be

determined by the epartment, shall not be e?ported or caused to be e?ported by anypersonA

c &ishery products may be imported only when the importation has been certified asnecessary by the epartment, in consultation with the &#(2$, and all the re@uirements ofthis $ode, as well as all e?isting rules and regulations have been complied with. Provided,

)hat fish imports for canningIprocessing purposes only may be allowed without thenecessary certification, but within the provisions of Section "1 CdD of this $odeA and

d No person, shall import andIor e?port fishery products of whatever si>e, stage or form for



any purpose without securing a permit from the epartment

)he epartment in consultation with the &#(2$ shall promulgate rules and regulations on

importation and e?portation of fish and fisheryIa@uatic resources with the 3overnments

e?portIimport simplification proceduresS'$ "F Instruments of Weights and Measures, and Quality Grades/Standards = Standards

for weights, volume and other measurements for all fishery transactions shall be set by theepartment

#ll fish and fishery products for e?port, import and domestic consumption shall meet the

@uality gradesIstandards as determined by the epartment

)he /3+ concerned shall, by appropriate ordinance, penali>e fraudulent practices andunlawful possession or use of instruments of weights and measures

CH+PTER III

RECONSTIT0TION OF THE #0RE+0 OF FISHERIES +N- +/0+TIC CRE+TION OF

FISHERIES +N- +/0+TIC RESO0RCES M+N+GEMENT CO0NCILS +N- RESO0RCES

+RTICLE I$

RECONSTIT0TION OF THE #0RE+0 OF FISHERIES +N- +/0+TIC RESO0RCES

SEC$ 43$ !reation of the Position of "ndersecretary for #isheries and $%uatic &esources =

)here is hereby created in the epartment of #griculture the position of +ndersecretary for&isheries and #@uatic (esources, solely for the purpose of attending to the needs of the

fishing industry, to be appointed by the *resident Such +ndersecretary shall have thefollowing functions.

a set policies and formulate standards for the effective, efficient and economical operations

of the fishing industry in accordance with the programs of the governmentA

b e?ercise overall supervision over all functions and activities of all offices and

instrumentalities and other offices related to fisheries including its officersA

c establish, with the assistance of the director, such regional, provincial and other fisheryofficers as may be necessary and appropriate and organi>e the internal structure of B&#( in

such manner as is necessary of the efficient and effective attainment of its obectives andpurposesA and

d perform such other functions as maybe necessary or proper to attain the obectives of this

$ode

SEC$ 4;$ &econstitution of the '#$& = )he Bureau of &isheries and #@uatic (esources

CB&#(D is hereby reconstituted as a line bureau under the epartment of #griculture

SEC$ 46$ #unctions of the 'ureau of #isheries and $%uatic &esources = #s a line bureau, theB&#( shall have the following functions.

a prepare and implement a $omprehensive National &isheries ndustry evelopment *lanA



b issue licenses for the operation of commercial fishing vesselsA

c issue identification cards free of charge to fishwor<ers engaged in commercial fishingA

d monitor and review oint fishing agreements between &ilipino citi>ens and foreigners whoconduct fishing activities in international waters, and ensure that such agreements are not

contrary to *hilippine commitment under international treaties and convention on fishing inthe high seasA

e formulate and implement a $omprehensive &ishery (esearch and evelopment *rogram,such as, but not limited to, sea farming, sea ranching, tropicalIornamental fish and seaweed

culture, aimed at increasing resource productivity, improving resource use efficiency, andensuring the long=term sustainability of the countryEs fishery and a@uatic resourcesA

f establish and maintain a $omprehensive &ishery nformation SystemA

g provide e?tensive development support services in all aspects of fisheries production,

processing and mar<etingA

h provide advisory services and technical assistance on the improvement of @uality of fishfrom the time it is caught Cie on board fishing vessel, at landing areas, fish mar<ets, to the

processing plants and to the distribution and mar<eting chainDA

i coordinate efforts relating to fishery production underta<en by the primary fisheryproducers, /3+s &#(2$s, fishery and organi>ationsIcooperativesA

advise and coordinate with /3+s on the maintenance of proper sanitation and hygienic

practices in fish mar<ets and fish landing areasA

< establish a corps of specialists in collaboration with the epartment of National efense,epartment of the nterior and /ocal 3overnment, epartment of &oreign #ffairs for the

efficient monitoring, control and surveillance of fishing activities within *hilippine territorial

waters and proved the necessary facilities, e@uipment and training thereforA

l implement an inspection system for import and e?port of fishery Ia@uatic products and fish

processing establishments consistent with international standards to ensure product @ualityand safetyA

m coordinate with /3+s and other concerned agencies for the establishment of productivity

enhancing and mar<et development programs in fishing communities to enable women toengage in other fisheriesIeconomic activities and contribute significantly to development

effortsA

n enforce all laws, formulate and enforce all rules and regulations governing theconservation and management of fishery resources, e?cept in municipal waters, and to settle

conflicts of resource use and allocation in consultation with the N&#(2$, /3+s and local&#(2$sA

o develop value=added fishery=products for domestic consumption and e?portA

p recommend measures for the protectionIenhancement of the fishery industriesA



@ assist the /3+s in developing their technical capability in the development, management,regulation, conservation, and protection of fishery resourcesA and

r formulate rules and regulations for the conservation and management of straddling fishstoc<s and highly migratory fish stoc<s

s perform such other related function which shall promote the development, conservation,

management, protection and utili>ation of fisheries and a@uatic resources

SEC$ 44$ !om(osition of '#$& = #s a line bureau, the B&#( shall be headed by a irectorand assisted by two CFD #ssistant irectors who shall supervise the administrative and

technical services of the bureau respectively t shall establish regional, provincial andmunicipal offices as may be appropriate and necessary to carry out effectively and efficiently

the provisions of this $ode

SEC$ 4&$ #isheries Ins(ection and Quarantine Service = &or purposes of monitoring and

regulating the importation and e?portation of fish and fisheryIa@uatic resources, the&isheries nspection and 5uarantine Service in the B&#( is hereby strengthened and shall

have the following functions.

a conduct fisheries @uarantine and @uality inspection of all fish and fisheryIa@uatic productscoming into and going out of the country by air or water transport, to detect the presence of

fish pest and diseases and if found to harbor fish pests or diseases shall be confiscated and

disposed of in accordance with environmental standards and practicesA

b implement international agreementsIcommitments on bio=safety and bio=diversity as wellas prevent the movement or trade of endemic fishery and a@uatic resources to ensure that

the same are not ta<en out of the countryA

c @uarantine such a@uatic animals and other fishery products determined or suspected to be

with fishery pests and diseases and prevent the movement of trade form andIor into thecountry of these products so prohibited or regulated under e?isting laws, rules and

regulations as well as international agreements of which the *hilippines is a State *artyA

d e?amine all fish and fishery products coming into or going out of the country which maybe a source or medium of fish pests or diseases andIor regulated by e?isting fishery

regulations and ensure that the e@uality of fish import and e?port meet internationalstandardsA and

e document and authori>e the movement or trade of fish and fishery products when found

free of fish pests or diseases and collect necessary fees prescribed by law and regulations

+RTICLE II$

THE FISHERIES +N- +/0+TIC RESO0RCES M+N+GEMENT CO0NCILS>F+RMCs?

SEC$ 4($ )evelo(ment of #isheries and $%uatic &esources in Munici(al Waters and 'ays =

&isherfol< and their organi>ations residing with in the geographical urisdiction of the

barangays, municipalities or cities with the concerned /3+s shall develop the fisheryIa@uatic



resources in municipal waters and bays

SEC$ 48$ !reation of #isheries and $%uatic &esources Management !ouncils *#$&M!s+ =

&#(2$s shall be established in the national level and in all municipalitiesIcites abutting

municipal waters as defined by this $ode )he &#(2$s shall be formed by fisherfol<organi>ationsIcooperatives and N3%s in the locality and be assisted by the /3+s and other

government entities Before organi>ing &#(2$s, the /3+s, N3%s, fisherfol<, and otherconcerned *%s shall undergo consultation and orientation on the formation of &#(2$s

SEC$ &'$ !reation and !om(osition of the ational #isheries and $%uatic &esourcesManagement !ouncil *#$&M!+ = )here is hereby created a National &isheries and #@uatic

(esources 2anagement $ouncil hereinafter referred to as N&#(2$ as anadvisoryIrecommendatory body to the epartment )he N&#(2$ shall be composed of

fifteen C1D members consisting of.

a the +ndersecretary of #griculture, as chairmanA

b the +ndersecretary of the nterior and /ocal 3overnmentA

c five CD members representing the fisherfol< and fishwor<ersd five CD members representing the commercial fishing and a@uaculture operators and theprocessing sectorsA

e two CFD members from the academeA andf one C1D representative of N3% involved in fisheries

SEC$ &%$ erms of .ffice = )he members of the N&#(2$, e?cept for the +ndersecretary of

#griculture and the +ndersecretary of the nterior and local 3overnment, shall serve for aterm of three C!D years without reappointment

SEC$ &9$ #unctions of the #$&M! = )he N&#(2$ shall have the following functions.

a assist in the formulation of national policies for the protection, sustainable developmentand management of fishery and a@uatic resources for the approval of the SecretaryA

b assist the epartment in the preparation of the National &isheries and ndustryevelopment *lanA and

c perform such other functions as may be provided by law

SEC$ &3$ he Munici(al/!ity #isheries and $%uatic &esources Management !ouncils

*M/!#$&M!s+ = )he 2I$&#(2$s shall be created in each of the municipalities and citiesabutting municipal waters However, the /3+ may create the Barangay &isheries and #@uatic

(esources 2anagement $ouncils CB&#(2$sD and the /a<e=wide &isheries and #@uatic(esources 2anagement $ouncils C/&#(2$s whenever necessary Such B&#(2$s and

/&#(2$s shall serve in an advisory capacity to the /3+s

SEC$ &;$ #unctions of the M/!#$&M!s = )he 2I$&#(2$s shall e?ercise the followingfunctions.

a assist in the preparation of the 2unicipal &ishery evelopment *lan and submit such plant

to the 2unicipal evelopment $ouncilA



b recommend the enactment of municipal fishery ordinances to the sangguniang

bayanIsangguniang panlungsod through its $ommittee on &isheriesA

c assist in the enforcement of fishery laws, rules and regulations municipal watersA

d advise the sangguniang 2ayanIpanlungsod on fishery matters thru its $ommittee on

&isheries, if such as been organi>edA and

e perform such other functions which may be assigned by the sangguniang

2ayanIpanlungsod

SEC$ &6$ !om(osition of the M/!#$&M! = )he regular member of the 2I$&#(2$s shall be

composed of.

a 2unicipalI$ity *lanning evelopment %fficerAb $hairperson, #gricultureI&ishery $ommittee of the Sanggunian BayanI*anlungsodA

c representative of the 2unicipalI$ity evelopment $ouncilAd representative from the accredited non=government organi>ationA

e representative from the private sectorAf representative from the epartment of #gricultureA and

g at least eleven C11D fisherfol< representatives seven C7D municipal fisherfol<, one C1Dfishwor<er and three C!D commercial fishersD in each municipalityIcity which include

representative from youth and women sector

)he $ouncil shall adopt rules and regulations necessary to govern its proceedings andelection

SEC$ &4$ he Integrated #isheries and $%uatic &esources Management !ouncils *#$&M!s+ =

)he &#(2$s shall be created in bays, gulfs, la<es and rivers and dams bounded by two CFDor more municipalitiesIcities

SEC$ &&$ #unctions of the I#$&M!s = )he &#(2$ shall have the following functions.

a assist in the preparation of the ntegrated &ishery evelopment *lan and submit such plan

to the concerned 2unicipal evelopment $ouncilsA

b recommend the enactment of integrated fishery ordinances to the concerned sangguniangbayanIpanlungsod through its $ommittee on &isheries, if such as been organi>edA

c assist in the enforcement of fishery laws, rules and regulations in concerned municipal

watersA

d advice the concerned sangguniang bayanIpanlungsod on fishery matters thru its$ommittee on &isheries, if such has been organi>edA and

e perform such other functions which may be assigned by the concerned sangguniang

bayanIpanlungsod

SEC$ &($ !om(osition of the I#$&M!s = )he regular members of the &#(2$s shall becomposed of the following.



a the chairperson of the $ommittee on #gricultureI&isheries of the concerned sangguniangbayanIpanlungsodA

b the 2unicipalI$ity &isheries %fficers of the concerned municipalitiesIcitiesA

c the 2unicipalI$ity evelopment %fficers of the concerned municipalitiesIcitiesA

d one C1D representative from N3%A

e one C1D representative from private sectorA and

f at least nine C:D representatives fro the fisherfol< sector which include representatives

from the youth and women sector

)he $ouncil shall adopt rules and regulations necessary to govern its proceedings andelection

SEC$ &8$ Source of #unds of the #$&M!s = # separate fund for the N&#(2$, &#(2$s and

2I$&#(2$s shall be established and administered by the epartment from the regularannual budgetary appropriations

CH+PTER I,FISHER5 RESER,ES1 REF0GE +N- S+NCT0+RIES

SEC$ ('$ #ishing $reas &eserves for 0clusive "se of Government = )he epartment may

designate area or areas in *hilippine waters beyond fifteen C1D <ilometers from shoreline asfishery reservation for the e?clusive use of the government or any of its political

subdivisions, agencies or instrumentalities, for propagation, educational, research and

scientific purposes. Provided, )hat in municipalities or cities, the concerned /3+s inconsultation with the &#(2$s may recommend to the epartment that portion of the

municipal waters be declared as fishery reserves for special or limited use, for educational,research, andIor special management purposes )he &#(2$s may recommend to the

epartment portions of the municipal waters which can be declared as fisheries reserves forspecial or limited use for educational, research and special management purposes

SEC$ (%$ #ish &efuge and Sanctuaries = )he epartment may establish fish refuge and

sanctuaries to be administered in the manner to be prescribed by the B&#( at least twenty=five percent CFLD, but not more than forty percent CG0LD of bays, foreshore lands,

continental shelf or any fishing ground shall be set aside for the cultivation of mangroves tostrengthen the habitat and the spawning grounds of fish ithin these areas not commercial

fishing shall be allowed #ll marine fishery reserves, fish sanctuaries and mangrove swamp

reservations already declared or proclaimed by the *resident or legislated by the $ongress of the *hilippines shall be continuously administered and supervised by the concerned agency.*rovide, however, )hat in municipal waters, the concerned /3+ in consultation with the

&#(2$s may establish fishery refuge and sanctuaries )he &#(2$s may also recommendfishery refuge and sanctuaries. Provided, further, )hat at least fifteen percent C1LD where

applicable of the total coastal areas in the municipality shall be identified, based on the bestavailable scientific data and in consultation with the epartment, and automatically



designated as fish sanctuaries by the /3+s in consultation with the concerned &#(2$s

CH+PTER ,FISHERIES RESE+RCH +N- -E,ELOPMENT

SEC$ (9 !reation of a ational #isheries &esearch and )evelo(ment Institute *#&)I+ = nrecognition of the important role of fisheries research in the development, management,

conservation and protection of the countryEs fisheries and a@uatic resources, there is herebycreated a National &isheries (esearch and evelopment nstitute CN&(D

)he nstitute shall form part of the National (esearch and evelopment Networ< of the

epartment of Science and )echnology C%S)D

)he nstitute, which shall be attached to the epartment, shall serve as the primaryresearch arm of the B&#( )he overall governance of the nstitute shall be vested in the

3overning Board which shall formulate policy guidelines for its operation )he plans,programs and operational budget shall be passed by the Board )he Board may create such

committees as it may deem necessary for the proper and effective performance of itsfunctions )he composition of the 3overning Board shall be as follows.

a +ndersecretary for &isheries = $hairman

b B&#( irector = -ice $hairmanc N&( '?ecutive irector = 2ember

d *$#2( irector 3eneral = 2ember

e (epresentative from the academe = 2emberf four CGD representatives from the private sector who shall come from the following sub

sectors. = 2embers

M 2unicipal &isherfol<

M $ommercial &ishing %peratorM #@uaculture %perator

M *ost=HarvestI*rocessor

)he N&( shall have a separate budget specific to its manpower re@uirements andoperations to ensure the independent and obective implementation of its research activities

SEC$ (3$ Qualification Standard = )he nstitute shall be headed by an '?ecutive irector to

be appointed by the *resident of the *hilippines upon the recommendation of the governingboard )he '?ecutive irector shall hod a octorate degree in fisheries andIor other related

disciplines )he organi>ational structure and staffing pattern shall be approved by theepartment. Provided, however, )hat the staffing pattern and renumerations for scientific

and technical staff shall be based on the @ualification standards for science and technology

personnel

SEC$ (;$ &esearch and )evelo(ment .1jectives = (esearches to be done by the N&( are

e?pected to result in the following.

a )o raise the income of the fisherfol< and to elevate the *hilippines among the top five CDin the world ran<ing in the fish productionsA



b to ma<e the countryEs fishing industry in the high seas competitiveAA

c to conduct social research on fisherfol< families for a better understanding of their

conditions and needsA and

d to coordinate with the fisheries schools, /3+s and private sectors regarding the ma?imum

utili>ations of available technology, including the transfer of such technology to the industryparticularly the fisherfol<

SEC$ (6$ #unctions of the #&)I = #s a national institute, the N&( shall have thefollowing functions.

a establish a national infrastructure unit complete with technologically=advanced features

and modern scientific e@uipment, which shall facilitate, monitor, and implement variousresearch need and activities of the fisheries sectorA

b provide a venue for intensive training and development of human resources in the field of

fisheriesA a repository of all fisheries researches and scientific informationA

c provide intensive training and development of human resources in the field of fisheries forthe ma?imum utili>ations of available technologyA

d hasten the reali>ation of the economic potential of the fisheries sector by ma?imi>ing

developmental research efforts in accordance with the re@uirements of the national fisheriesconservation and development programs, also possibly through collaborative effort with

international institutionsA

e formally establish, strengthen and e?pand the networ< of fisheries=researchingcommunities through effective communication lin<ages nationwide

CH+PTER ,IPROHI#ITIONS +N- PEN+LTIES

SEC$ (4$ "nauthori2ed #ishing or ngaging in .ther "nauthori2ed #isheries $ctivities = Noperson shall e?ploit, 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 *hilippinewaters without a license, lease or permit

iscovery 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 andIor vessel isengaged in unauthori>ed fishing. Provided, )hat fishing for daily food sustenance or for

leisure which is not for commercial, occupation or livelihood purposes may be allowed

t shall be unlawful for any commercial fishing vessel to fish in bays and in such other fisherymanagement areas which may herein=after be declared as over e?ploited

#ny commercial fishing boat captain or the three C!D highest officers of the boat who commit

any of the above prohibited acts upon conviction shall be punished by a fine e@uivalent tothe value of catch or )en thousand pesos C*10,00000D whichever is higher, and

imprisonment of si? C"D months, confiscation of catch and fishing gears, and automatic



revocation of license

t shall be unlawful for any person not listed in the registry of municipal fisherfol< to engage

in any commercial fishing activity in municipal waters #ny municipal fisherfol< who commits

such violation shall be punished by confiscation of catch and a fine of &ive hundred pesosC*,00000D

SEC$ (&$ Poaching in Phili((ine Waters = t shall be unlawful for any foreign person,

corporation or entity to fish or operate any fishing vessel in *hilippine waters

)he entry of any foreign fishing vessel in *hilippine waters shall constitute a prima facie

evidence that the vessel is engaged in fishing in *hilippine waters

-iolation of the above shall be punished by a fine of %ne Hundred )housand +S ollarC+S100,00000D, in addition to the confiscation of its catch, fishing e@uipment and fishing

vessel. Provided, )hat the epartment is empowered to impose an administrative fine of notless than &ifty )housand +S ollar C+S0,00000D, but not more than )wo Hundred

)housand +S ollar C+SF00,00000D or its e@uivalent in the *hilippine $urrency

SEC$ (($ #ishing hrough 0(losives, o0ious or Poisonous Su1stance, and/or lectricity =C1D t shall be unlawful for any person to catch, ta<e or gather or cause to be caught, ta<en

or gathered, fish or any fishery species in *hilippine waters with the use of electricity,e?plosives, no?ious or poisonous substance such as sodium cyanide in the *hilippine fishery

areas, which will <ill, stupefy, disable or render unconscious fish or fishery species. Provided,)hat the epartment, subect to safeguards and conditions deemed necessary and

endorsement from the concerned /3+s, may allow, for research, educational or scientificpurposes only, the use of electricity, poisonous or no?ious substances to catch, ta<e or

gather fish or fishery species. Provided, further, )hat the use of poisonous or no?ioussubstances to eradicate predators in fishponds in accordance with accepted scientific

practices and without causing adverse environmental impact in neighboring waters andgrounds shall not be construed as illegal fishing

t will li<ewise be unlawful for any person, corporation or entity to possess, deal in, sell or inany manner dispose of, any fish or fishery species which have been illegally caught, ta<en or

gathered

)he discovery of dynamite, other e?plosives and chemical compounds which contain

combustible elements, or no?ious or poisonous substances, or e@uipment or device forelectro=fishing in any fishing vessel or in the possession of any fisherfol<, operator, fishing

boat official or fishwor<er shall constitute prima facie evidence, that the same was used forfishing in violation of this $ode )he discovery in any fishing vessel of fish caught or <illed

with the use of e?plosive, no?ious or poisonous substances or by electricity shall constitute

prima facie evidence that the fisherfol<, operator, boat official or fishwor<er is fishing withthe use thereof

CFD 2ere possession of e?plosive, no?ious or poisonous substances or electrofishing devicesfor illegal fishing shall be punishable by imprisonment ranging from si? C"D months to two

CFD years

C!D #ctual use of e?plosives, no?ious or poisonous substances or electrofishing devices forillegal fishing shall be punishable by imprisonment ranging from five CD years to ten C10D



years without preudice to the filing of separate criminal cases when the use of the same

result to physical inury or loss of human life

CGD ealing in, selling, or in any manner disposing of, for profit, illegally caughtIgathered

fisheries species shall be punished by imprisonment ranging from si? C"D months to two CFDyears

CD n all cases enumerated above, the e?plosives, no?ious or poisonous substances andIor

electrical devices, as well as the fishing vessels, fishing e@uipment and catch shall be

forfeited

SEC$ (8$ "se of #ine Mesh et = t shall be unlawful to engage in fishing using nets withmesh smaller than that with which may be fi?ed by the epartment. Provided, )hat the

prohibition on the use of fine mesh net shall not apply to the gathering of fry, glass eels,elvers, tabios, and alamang and such species which by their nature are small but already

mature to be identified in the implementing rules and regulations by the epartment

-iolation of the above shall subect the offender to a fine from )wo thousand pesosC*F,00000D to )wenty thousand pesos C*F0,00000D or imprisonment form si? C"D months to

tow CFD years or both such fine and imprisonment at the discretion of the court. Provided,)hat the ownerIoperator of the commercial fishing vessel who violates this provisions shall

be subected to the same penalties provided herein. Provided, finally, )hat the epartmentis hereby empowered to impose upon the offender an administrative fine andIor cancel his

permit or license or both

SEC$ 8'$ "se of $ctive Gear in the Munici(al Waters and 'ays and .ther #isheryManagement $reas = t shall be unlawful to engage in fishing in municipal waters and in all

bays as well as other fishery management areas using active fishing gears as defined in this$ode

-iolators of the above prohibitions shall suffer the following penalties.

C1D )he boat captain and master fisherman of the vessels who participated in the violationshall suffer the penalty of imprisonment from two CFD years to si? C"D years.

CFD )he ownerIoperator of the vessel shall be fined from )wo thousand pesos C*F,00000D to)wenty thousand pesos C*F0,00000D upon the discretion of the court

S'$ :1 'an on !oral 0(loitation and 0(ortation = t shall be unlawful for any person orcorporation to gather, possess, sell or e?port ordinary precious and semi=precious corals,

whether raw or in processed form, e?cept for scientific or research purposes

-iolations of this provision shall be punished by imprisonment form si? C"D months to two CFD

years and a fine from )wo thousand pesos C*F,00000D to )wenty thousand pesos

C*F0,00000D, or both such fine and imprisonment, at the discretion of the court, andforfeiture of the subect corals, including the vessel and its proper disposition

)he confiscated corals shall either be returned to the sea or donated to schools andmuseums for educational or scientific purposes or disposed through other means

SEC$ 89$ 'an on Muro-$mi, .ther Methods and Gear )estructive to !oral &eefs and .ther

Marine 3a1itat - t shall be unlawful for any person, natural or uridical, to fish with gear



method that destroy coral reefs, seagrass beds, and other fishery marine life habitat as may

be determined by the epartment ;2uro=#mi; and any of its variation, and such similargear and methods that re@uire 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

)he operator, boat captain, master fisherman, and recruiter or organi>er of fishwor<ers whoviolate this provision shall suffer a penalty of two CFD years to ten C10D years imprisonment

and a fine of not less than %ne hundred thousand pesos C*100,00000D to &ive hundred

thousand pesos C*00,00000D or both such fine and imprisonment, at the discretion of thecourt )he catch and gear used shall be confiscated

t is li<ewise unlawful for any person or corporation to gather, sell or e?port white sand,

silica, pebbles and other substances which ma<e up any marine habitat

)he person or corporation who violates this provision shall suffer a penalty of two CFD yearsto ten C10D years imprisonment and a fine of not less that %ne hundred thousand pesos

C*100,00000D to &ive hundred thousand pesos C000,00000D or both such fine andimprisonment, at the discretion of the court )he Substance ta<en from its marine habitat

shall be confiscated

SEC$ 83$ Illegal "se of Su(erlights - t shall be unlawful to engage in fishing with the useof superlights in municipal waters or in violation of the rules and regulations which may be

promulgated by the epartment on the use of superlights outside municipal waters

-iolations of this provision shall be punished by imprisonment form si? C"D months to two CFDyears or a fine of &ive thousand pesos C*,00000D per superlight, or both such fine and

imprisonment at the discretion of the courts )he superlight, fishing gears and vessel shallbe confiscated

SEC$ 8;$ !onversion of Mangroves = t shall be unlawful for any person to convert

mangroves into fishponds or for any other purposes

-iolation of the provision of this section shall be punished by imprisonment of si? C"D years

and one C1D day to twelve C1FD years andIor a fine of 'ighty thousand pesos C*80,00000D.

Provided, )hat if the area re@uires rehabilitation or restoration as determined by the court,the offender should also be re@uired to restore or compensate for the restoration of the

damage

SEC$ 86$ #ishing in .verfished $rea and )uring !losed Season = t shall be unlawful to fishin overfished area and during closed season

-iolation of the provision of this section shall be published by imprisonment of si? C"D mothsand one C1D day to si? C"D years andIor fine of Si? thousand pesos C*",00000D and byforfeiture of the catch and cancellation of fishing permit or license

SEC$ 84$ #ishing in #ishery &eserves, &efuge and Sanctuaries = t shall be unlawful to fish

in fishery areas declared by the epartment as fishery reserves, refuge and sanctuaries

-iolation of the provision of the is section shall be punished by imprisonment of two CFDyears to si? C"D years andIor fine of )wo thousand pesos C*F,00000D to )wenty thousand



pesos C*F0,00000D and by forfeiture of the catch and the cancellation of fishing permit or

license

SEC$ 8&$ #ishing or a4ing of &are, hreatened or ndangered S(ecies = t shall be unlawful

to fish or ta<e rare, threatened or endangered species as listed in the $)'S and asdetermined by the epartment

-iolation of the provision of this section shall be published by imprisonment of twelve C1FD

years to twenty CF0D years andIor a fine of %ne hundred and twenty thousand pesos

C1F0,00000D and forfeiture of the catch, and the cancellation of fishing permit

SEC$ 8($ !a(ture of Sa1alo and .ther 'reeders/S(awners = t shall be unlawful for anyperson to catch, gather, capture or possess mature mil<fish or ;sabalo; and such other

breeders or spawners of other fishery species as may be determined by the epartment.Provided, )hat catching of sabalo and other breedersIspawners for local breeding purposes

or scientific or research purposes may be allowed subect to guidelines to be promulgated bythe epartment

-iolation of the provision of this section shall be punished by imprisonment of si? Csi?D

months and one C1D day to eight C8D years andIor a fine of 'ighty )housand *esosC*80,00000D and forfeiture of the catch, and fishing e@uipment used and revocation of

license

SEC$ 88$ 0(ortation of 'reeders, S(awners, ggs or #ry = '?portation of breeders,

spawners, eggs or fry as prohibited in this $ode shall be punished by imprisonment of eightC8D years, confiscation of the same or a fine e@uivalent to double the value of the same, and

revocation of the fishing andIor e?port licenseIpermit

SEC$ %''$ Im(ortation or 0(ortation of #ish or #ishery S(ecies = #ny importation ore?portation of fish or fisheries species in violation of this $ode shall be punished by eight

years of imprisonment, a fine of 'ighty )housand *esos C80,00000D and destruction of livefishery species or forfeiture of non=lived fishery species in favor of the department for its

proper disposition. Provided, )hat violator of hits provision shall be banned from being

members or stoc< holders of companies currently engaged in fisheries or companies to becreated in the future, the guidelines for which shall be promulgated by the epartment

SEC$ %'%$ 5iolation of !atch !eilings = t shall be unlawful for any person to fish in violationof catch ceilings as determined by the epartment -iolation of the provision of this section

shall be punished by imprisonment of si? C"D months and one C1D day to si? C"D months andone C1D day to si? C"D years andIor a fine of &ifty )housand *esos C*0,00000D and

forfeiture of the catch, and fishing e@uipment used and revocation of license

SEC$ %'9$ $%uatic Pollution = #@uatic pollution, as defined in this $ode shall be unlawful

-iolation of the provision of this section shall be punished by imprisonment of si? C"D yearsand one C1D day to twelve C1FD years andIor a fine of 'ighty thousand pesos C80,00000D

plus an additional fine of 'ight thousand pesos C8,00000D per day until such violation ceasesand the fines paid

S'$ 10! .ther violations = )he following fisheries activities shall also be considered as a

violation of this $ode.



a #ailure to !om(ly with Minimum Safety Standards 0 )he owner and captain of a

commercial fishing vessel engaged in fishing who, upon demand by proper authorities, failsto e?hibit or show proof of compliance with the safety standards provided in this $ode, shall

be immediately prevented from continuing with his fishing activity and escorted to the

nearest port or landing point )he license to operate the commercial fishing vessel shall besuspended until the safety standard has been complied with

b #ailure to !onduct a 6early &e(ort on all #ish(onds, #ish Pens and #ish !ages = )he &/#

of the holder who fails to render a yearly report shall be immediately canceled. Provided,

)hat if the offender be the owner of the fishpond, fish pen or fish cage, he shall be subectedto the following penalties. C1D fist offense, a fine of &ive hundred pesos C*0000D per

unreported hectareA CFD subse@uent offenses, a fine of %ne thousand pesos C*1,00000D perunreported hectare

c Gathering and Mar4eting of Shell #ishes = t shall be unlawful for any person to ta<e, sell,

transfer, or have in possession for any purpose any shell fish which is se?ually mature orbelow the minimum si>e or above the ma?imum @uantities prescribed for the particular

species

d .1struction to avigation or #low and 11 of ide in any Stream, &iver, 7a4e or 'ay = tshall be unlawful for any person who causes obstruction to navigation or flow or ebb of tide

e !onstruction and .(eration of #ish !orrals/ra(s, #ish Pens and #ish !ages = t shall be

unlawful to construct and operate fish corralsItraps, fish pens, and fish cages without alicenseIpermit

Subect to the provision of subparagraph CbD of this section, violation of the above

enumerated prohibited acts shall subect the offender to a fine ranging from )wo thousandpesos C*F,00000D to )en thousand pesos C*10,00000D or imprisonment from one C1D month

and one C1D day to si? C"D months, or both such fine and imprisonment, upon the discretionof the $ourt. Provided , )hat the Secretary is hereby empowered to impose upon the

offender an administrative fine of not more than )en thousand pesos C*10,00000D or to

cancel his permit or license, or to impose such fine and to cancel his permit or license, in thediscretion of the Secretary. Provided further , )hat the Secretary, or his duly authori>ed

representative, and law enforcement agents are hereby empowered to impound with the

assistance of the *hilippine $oast 3uard, *N*=2aritime $ommand. Provided, finally , )hatany person who unlawfully obstructs or delays the inspection andIor movement of fish and

fisheryIa@uatic products when such inspection andIor movement is authori>ed under this$ode, shall be subect to a fine of not more than )en thousand pesos C*10,00000D or

imprisonment of not more than two CFD years, or both such fine and imprisonment, upon thediscretion of the $ourt

'very 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 committedSuch proceeds and instruments or tools shall be confiscated and forfeited in favor of the3overnment, unless they be the property of a third person not liable for the offense, but

those articles which are not subect of lawful commerce shall be destroyed

SEC %';$ $ommercial &ishing -essel %perators 'mploying +nlicensed &isherfol< or&ishwor<er or $rew == )he ownerIoperator of a commercial fishing vessel employing

unlicensed fisherfol< or fishwor<er shall be fined &ive hundred pesos C*0000D each forevery month that the same has been employed andIor %ne thousand pesos C*1,00000D for



every month for each unlicensed crew member who has been employed

SEC %'6$ %bstruction of efined 2igration *aths == %bstruction 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 &#(2$sshall be punished by imprisonment of seven C7D years to twelve C1FD years or a fine from

&ifty thousand pesos C*0,00000D to %ne hundred thousand pesos C*100,00000D or bothimprisonment and fine at the discretion of the court, and cancellation of permitIlicense, if

any, and dismantling of obstruction shall be at his own e?pense and confiscation of same

SEC %'4$ %bstruction to &ishery /aw 'nforcement %fficer == )he boat owner, master or

operator or any person acting on his behalf of any fishing vessel who evades, obstructs orhinders any fishery law enforcement officer of the epartment to perform his duty, shall be

fined ten thousand pesos C*10,00000D n addition, the registration, permit andIor license of the vessel including the license of the master fisherman shall be canceled

SEC %'&$ *romulgation of #dministrative %rders == &or purposes of fishery regulation or

other fishery adustments, the epartment in consultation with the /3+s and local &#(2$s,shall issue &ishery #dministrative %rders or regulations for the conservation, preservation,

management and sustainable development of fishery and a@uatic resources

CH+PTER ,II$

GENER+L PRO,ISIONS

SEC %'($ &isherfol< Settlement #reas == )he epartment shall establish and createfisherfol< settlement areas in coordination with concerned agencies of the government,

where certain areas of the public domain, specifically near the fishing grounds, shall beconstrued to vest ownership of any resettlement area to a municipal fisherfol< for whom said

areas may have been reserved for or had been actually granted to

SEC %'8$ 2unicipal &isheries 3rant &und == &or the development, management and

conservation of the municipal resources, there is hereby created a &ishery 3rant &und tofinance fishery proects of the /3+s primarily for the upliftment of the municipal fisherfol<

)he amount of %ne hundred million pesos C*100,000,00000D is hereby appropriated out ofthe epartments allocation in the 3eneral #ppropriations #ct C3##D to support the 3rant

&und&or this purpose, the epartment may see< financial assistance from any source and may

receive any donations therefore

SEC$ %%O$ &ishery /oan and 3uarantee &und == *ursuant to Section 7, #rticle 4 of the$onstitution, there is hereby created a &ishery /oan and 3uarantee &und with an initial of

%ne hundred million pesos C*100,000,00000D, which shall be administered by the /and

Ban< of the *hilippines )he fund shall be made available for lending to @ualified borrowersto finance the development of the fishery industry under a program to be prescribed by theepartment

&or the same purpose, the epartment may see< financial assistance from any source andmay receive any donation therefrom

SEC$%%%$ &ishing -essels evelopment &und == )here is hereby created a &ishing -essels

evelopment &und to enhance the building andIor ac@uisition of fishing vessels )his shall be



a long=term facility that shall be administered by the evelopment Ban< of the *hilippines

)he amount of )wo hundred and fifty million pesos C*F0,000,00000D per year for five CDyears is hereby appropriated out of the epartmentEs allocation in the 3## to support this

evelopment &und

SEC %%9$ Special &isheries Science and #pprofishtech &und == )he epartment 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 re@uirement and needs of the &#(2$s #n initial amount of

%ne hundred million pesos C*100,000,00000D shall be authori>ed for the purpose of aSpecial fisheries Science and #pprofishtech &und, and thereafter shall be included in the

3##

SEC %%3$ #@uaculture nvestment &und == #n #@uaculture nvestment &und in the minimumamount of &ifty million pesos C*0,000,00000D shall be established for soft loans which shall

be e?tended to municipal fisherfol< and their organi>ation who will engage in a@uaculture,and for the development of underdeveloped or underutili>ed fishponds

SEC %%;$ %ther &isheries &inancing &acilities == n addition to fisheries credit guarantee,

grant and other similar facilities granted under this $ode, @ualified &ilipino fisherfol< andfisheries enterprises shall enoy such other facilities granted them under e?isting andIor new

laws, specially as to rural credit, with preference being given to fisheries cooperatives

SEC %%6$ *rofessionali>ation of &isheries 3raduates == )here is hereby created a &isheriesBoard of '?aminers in the *rofessional (egulation $ommission to upgrade the &isheries

*rofession. Provided, however , )hat those who have passed the $ivil Service '?aminationfor &isheries shall automatically be granted eligibility by the &isheries Board of '?aminers.

Provided, further , )hat they have served the industry in either public or private capacity fornot less than five CD years. Provided, finally , )hat the first Board '?amination for BS

&isheries 3raduates shall be conducted within one C1D year from the approval of this $ode

SEC %%4$ +pgrading of State &isheries SchoolsI$olleges == )he epartment, in coordination

with the $ommission on Higher 'ducation C$H'D, epartment of 'ducation, $ulture andSports C'$SD, and )echnical 'ducation and S<ills evelopment #uthority C)'S#D, shall

upgrade State &isheries SchoolsI$olleges which provide both formal and non=formal

educationA Provided, however , )hat the $H' shall incorporate #pprofishtech in thecurricula of fisheries schoolsIcolleges

)he epartment and the $H' shall ointly formulate standards to upgrade all fisheriesschoolsIcolleges &isheries schoolsIcolleges that do not meet minimum standards shall be

closed

SEC %%&$ nclusion of &isheries $onservation Subects in School $urriculum == &isheries

conservation subects shall be incorporated in the curricula of elementary and secondaryschools both private and publicSEC %%($ 'ducational campaign at all levels = )he epartment, the $H', the '$S and

the *hilippine nformation #gency shall launch and pursue a nationwide educationalcampaign to.

a help reali>e the policies and implement the provisions of this $odeA



b promote the development, management, conservation and proper use of the

environmentAc promote the principle of sustainable developmentA and

d promote the development of truly &ilipino=oriented fishing and ancillary industries

SEC$ %%8$ Infrastructure Su((ort = )he epartment in cooperation with concerned agenciesshall.

a prepare and implement a nationwide plan for the development of municipal fishing ports

and mar<etsA

b prioriti>e the construction of farm=to=mar<et roads lin<ing the fisheries production sites,coastal landing points and other post=harvest facilities to maor mar<et and arterial

roadsIhighwaysA

c identify community infrastructure facilities such as fish landing ports, ice plant and cold

storage facilities in consultation with fishery cooperativesIassociations and prepare plans anddesigns for their construction that would be consistent with international environmentalstandards and occupational safety in sanitation and environmental impactA

d establish and maintain @uality laboratories in maor fish ports and prescribe the highest

standards for the operation and maintenance of such post=harvest facilitiesA

e arrange and ma<e representations with appropriate funding institutions to finance suchfacilities for the use of the fishery cooperativesIassociationsA

f develop and strengthen mar<eting facilities and promote cooperative mar<eting systemsA

and

g promote and strengthen local fisheries ship=building and repair industry

SEC$ %9'$ 0tension Services = )he epartment shall develop cost=effective, practical and

efficient e?tension services on a sustained basis, in addition to those provided by stateeducational institutions, especially to municipal fisherfol< in underdeveloped areas, utili>ing

practicable and indigenous resources and government agencies available, and based upon asystem of self=reliance and self=help

SEC$ %9%$ Protection of Sensitive echnical Information - )he epartment shall ta<e such

measures as may be necessary in order to protect trade, industrial and policy information of&ilipino fisherfol<, fisheries ownersIoperators, entrepreneurs, manufactures and researchers,

when disclosure of such information will inure the competitiveness or viability of domesticfisheries

SEC$ %99$ $ssistance in !ollecting Information = )he epartment, in coordination with other

government entities concerned, may re@uire &ilipino representatives abroad and foreign=based personnel to assist in the collection of fisheries data and information

SEC$ %93$ !harting of avigational 7anes and )elineation of Munici(al Waters = )he

epartment shall authors the National 2apping and K(esource nformation #uthorityCN#2(#D for the designation and charting of navigational lanes in fishery areas and



delineation of municipal waters )he *hilippine coast 3uard shall e?ercise control and

supervision over such designated navigational lanes

SEC$ %9;$ Persons and )e(uties $uthori2ed to nforce this !ode and .ther #ishery 7aws,

&ules and &egulations - )he law enforcement officers of the epartment, the *hilippineNavy, *hilippine $oast 3uard, *hilippine National *olice C*N*D, *N*=2arine $ommand, law

enforcement officers of the /3+s and other government enforcement agencies, are herebyauthori>ed to enforce this $ode and other fishery laws, rules and regulations %ther

competent government officials and employees, punong barangays and officers and

members of fisherfol< associations who have undergone training on law enforcement may bedesignated in writing by the epartment as deputy fish wardens in the enforcement of this

$ode and other fishery laws, rules and regulations

SEC$ %96$ Strengthening Prosecution and !onviction of 5iolators of #ishery 7aws = )heepartment of ustice C%D shall embar< on a program to strengthen the prosecution and

conviction aspects of fishery law enforcement though augmentation of the currentcomplement of state prosecutors and through their continuous training and reorientation on

fishery laws, rules and regulations

SEC$ %94$ #oreign Grants and $ids = #ll foreign grants, aids, e?change programs, loans,researches and the li<e shall be evaluated and regulated by the epartment to ensure that

such are consistent with the &ilipini>ation, democrati>ation and industriali>ation of fishingindustry and the development of the entire country

SEC$ %9&$ Mandatory &eview = )he $ongress of the *hilippines shall underta<e a mandatory

review of this $ode at least once every five CD years and as often as it may deem necessary,to ensure that fisheries policies and guidelines remain responsive to changing circumstances

CH+PTER ,III$

TR+NSITOR5 PRO,ISIONS

SEC$ %9&$ Mandatory &eview = )he $ongress of the *hilippines shall underta<e a mandatoryreview of this $ode at least once every five CD years and as often as it may deem necessary,

to ensure that fisheries policies and guidelines remain responsive to changing circumstances

SEC$ %9($ Moratoria = )he epartment 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 *hilippine waters for a limited period of time if there are indications of overfishing brought about by a decrease in the volume and si>es of

fish caught therein or for conservation or ecological purposes

No new licenses and similar privileges on e?ploitation of specific fisheries areas in *hilippine

waters and a@uaculture production areas shall be issued in accordance with this $ode Suchmoratoria shall not e?ceed five CD years from the effectivity of this $ode

SEC$ %98$ #ormulation of Im(lementing &ules and &egulations = #n nter=agency$ommittee is hereby created to formulate rules and regulations for the full implementation

of this $ode within ninety C:0D days of its effectivity. Provided, however, )hat the formulatedrules and regulations shall ta<e effect upon publication in a newspaper of general circulation



)he nter=agency $ommittee shall be composed of the following.

a Secretary of #griculture as $hairman

b Secretary of the nterior and /ocal 3overnment

c Secretary of 'nvironment and Natural (esourcesd Secretary of ustice

e Secretary of &inancef Secretary of Budget and 2anagement

g Secretary of /abor and 'mployment

h Secretary of of National efensei $ommissioner of $ivil Service $ommission

irector of B&#(< '?ecutive irector of *$#2(

l 3eneral 2anager of *&#n %ne C1D representative from each of the following.

a1 )he /eague of *rovinces

aF )he /eague of $itiesa! )he /eague of 2unicipalities

aG )he /iga ng mga Barangay

o (epresentative of the municipal fisherfol<p (epresentative of the commercial fishers

@ (epresentative of the non=government organi>ations involved in fishing concernsp # representative from the academe coming from the speciali>ed fisheries institution

CH+PTER IFIN+L PRO,ISIONS

SEC$ %3'$ $((ro(riation = )he sum necessary to effectively carry out the provisions of this#$) during the first year of implementation shall be sourced from the budget of the #IB&#(

and other agencies performing fisheries=related functions. Provided, however, )hat suchamount as may be necessary to carry out the provisions of Sections 7:, 10:, 110, 111, 11F,

11! are hereby appropriated out of the unappropriated funds of the National )reasury )he$ongress of the *hilippines shall provide for the appropriations of the epartment, the

N&( and the &isheries Scholarship *rogram for the succeeding years to be included in theannual 3##

SEC$ %3% &e(ealing !lause - *residential ecree No 70G, as amended by *residential

ecree Nos 101 and 108, *residential ecree No :77, as amended, '?ecutive %rder No:"7, Series of 1:8G, '?ecutive %rder No 11", Series of 1:87, '?ecutive %rder No F:F,

Series of 1:87, '% No G7!, Series of 1::1 and other e?isting laws e?cept (# 7"11,

decrees e?ecutive orders, and rules and regulations or parts thereof, which are inconsistentwith this $ode, are hereby repealed or modified accordingly

SEC$ %39$ Se(ara1ility !lause = f any portion or provision of this $ode is declaredunconstitutional or invalid, the other portions or provisions hereof, which are not affected

thereby, shall continue in full force and effect

SEC$ %33$ ffectivity = )his $ode shall ta<e effect fifteen C1D days after its publication in



the %fficial 3a>ette or in two CFD newspapers of general publication

#pproved,

*resident &idel - (amos on F &ebruary 1::8

BACK TO ENVIRONMENTAL LAWS INDEX PAGE

http://www.tanggol.org/environmental_laws/main_elaws.htm

http://www.tanggol.org/environmental_laws/main_elaws.htm



UNCLOS III

Sea areas in international rights

The issue of varying claims of territorial waters was raised in the

UN in 1967 by Arvid Pardo of !alta and in 197" the Third United Nations Conference on the Law of the Sea was convened

in New #or$ % &n an attem't to reduce the 'ossibility of grou's of

nation(states dominating the negotiations the conference used aconsensus 'rocess rather than ma)ority vote% *ith more than 16+

nations 'artici'ating the conference lasted until 19,-% The

resulting convention came into force on November 16 199. one

year after the si/tieth state 0uyana signed the treaty%

The convention introduced a number of 'rovisions% The most

significant issues covered were setting limits navigation

archi'elagic status and transit regimes e/clusive economic ones

2334s5 continental shelf )urisdiction dee' seabed mining thee/'loitation regime 'rotection of the marine environment

scientific research and settlement of dis'utes%

The convention set the limit of various areas measured from a carefully defined baseline% 2Normally a sea baseline follows the low(water line but when the coastline is dee'ly indented

has fringing islands or is highly unstable straight baselines may be used%5 The areas are as

follows

&nternal waters overs all water and waterways on the landward side of the baseline% The coastal state is

free to set laws regulate use and use any resource% 8oreign vessels have no right of

'assage within internal waters%

Territorial waters ut to 1- nautical miles from the baseline the coastal state is free to set laws regulate

use and use any resource% :essels were given the right of ;innocent 'assage; through any

territorial waters with strategic straits allowing the 'assage of military craft as ;transit 'assage; in that naval vessels are allowed to maintain 'ostures that would be illegal in

territorial waters% ;&nnocent 'assage; is defined by the convention as 'assing through

waters in an e/'editious and continuous manner which is not <'re)udicial to the 'eacegood order or the security= of the coastal state% 8ishing 'olluting wea'ons 'ractice and

http://en.wikipedia.org/wiki/Arvid_Pardo

http://en.wikipedia.org/wiki/Malta

http://en.wikipedia.org/wiki/New_York

http://en.wikipedia.org/wiki/November_16

http://en.wikipedia.org/wiki/1994


http://en.wikipedia.org/wiki/Guyana


http://en.wikipedia.org/wiki/Exclusive_economic_zones

http://en.wikipedia.org/wiki/Baseline_(sea)


http://en.wikipedia.org/wiki/Internal_waters

http://en.wikipedia.org/wiki/Territorial_waters

http://en.wikipedia.org/wiki/Innocent_passage

http://en.wikipedia.org/wiki/Image:Zonmar-en.svg

http://en.wikipedia.org/wiki/Image:Zonmar-en.svg

http://en.wikipedia.org/wiki/Arvid_Pardo

http://en.wikipedia.org/wiki/Malta

http://en.wikipedia.org/wiki/New_York

http://en.wikipedia.org/wiki/November_16



http://en.wikipedia.org/wiki/Exclusive_economic_zones


http://en.wikipedia.org/wiki/Internal_waters

http://en.wikipedia.org/wiki/Territorial_waters

http://en.wikipedia.org/wiki/Innocent_passage



s'ying are not <innocent; and submarines and other underwater vehicles are re>uired to

navigate on the surface and to show their flag% Nations can also tem'orarily sus'end

innocent 'assage in s'ecific areas of their territorial seas if doing so is essential for the 'rotection of its security%

Archi'elagic waters

The convention set the definition of Archi'elagic States in Part &: which also defineshow the state can draw its territorial borders% A baseline is drawn between the outermost

'oints of the outermost islands sub)ect to these 'oints being sufficiently close to one

another% All waters inside this baseline will be Archipelagic Waters and included as 'artof the state?s internal waters%

ontiguous one

@eyond the 1- nautical mile limit there was a further 1- nautical miles or -. nautical

miles from the territorial sea baselines limit the contiguous one in which a state couldcontinue to enforce laws regarding activities such as smuggling or illegal immigration%

3/clusive economic ones 2334s5

3/tend -++ nautical miles from the baseline% *ithin this area the coastal nation has sole

e/'loitation rights over all natural resources% The 334s were introduced to halt theincreasingly heated clashes over fishing rights although oil was also becoming

im'ortant% The success of an offshore oil 'latform in the 0ulf of !e/ico in 19.7 wassoon re'eated elsewhere in the world and by 197+ it was technically feasible to o'erate

in waters .+++ metres dee'% 8oreign nations have the freedom of navigation and

overflight sub)ect to the regulation of the coastal states% 8oreign states may also laysubmarine 'i'es and cables%

ontinental shelf

The continental shelf is defined as the natural 'rolongation of the land territory to the

continental margins outer edge or -++ nautical miles from the coastal states baselinewhichever is greater% States continental shelf may e/ceed -++ nautical miles until the

natural 'rolongation ends but it may never e/ceed "B+ nautical miles or 1++ nautical

miles beyond -B++ meter isobath which is a line connecting the de'th of -B++ meters%oastal states have the right to harvest mineral and non(living material in the subsoil of

its continental shelf to the e/clusion of others%

Aside from its 'rovisions defining ocean boundaries the convention establishes general

obligations for safeguarding the marine environment and 'rotecting freedom of scientificresearch on the high seas and also creates an innovative legal regime for controlling mineral

resource e/'loitation in dee' seabed areas beyond national )urisdiction through an &nternational

Seabed Authority%

Candloc$ed states are given a right of access to and from the sea without ta/ation of trafficthrough transit states%

The United States strongly ob)ected to the 'rovisions of Part D& of the onvention on several

grounds saying that the treaty is unfavorable to America?s economy and security% The US felt

that the 'rovisions of the treaty were not free(mar$et friendly and were designed to favor theeconomic systems of the ommunist states% The US also felt that the 'rovisions might result in

http://en.wikipedia.org/wiki/Contiguous_zone

http://en.wikipedia.org/wiki/Baseline


http://en.wikipedia.org/wiki/Smuggling

http://en.wikipedia.org/wiki/Immigration


http://en.wikipedia.org/wiki/Exclusive_economic_zone


http://en.wikipedia.org/wiki/Nautical_miles



http://en.wikipedia.org/wiki/Fishing


http://en.wikipedia.org/wiki/Petroleum



http://en.wikipedia.org/wiki/Oil_platform


http://en.wikipedia.org/wiki/Gulf_of_Mexico

http://en.wikipedia.org/wiki/Continental_shelf


http://en.wikipedia.org/wiki/Continental_margin

http://en.wikipedia.org/wiki/International_Seabed_Authority



http://en.wikipedia.org/wiki/Landlocked_country

http://en.wikipedia.org/wiki/Communist_State

http://en.wikipedia.org/wiki/Contiguous_zone


http://en.wikipedia.org/wiki/Smuggling



http://en.wikipedia.org/wiki/Nautical_miles





http://en.wikipedia.org/wiki/Gulf_of_Mexico


http://en.wikipedia.org/wiki/Continental_margin



http://en.wikipedia.org/wiki/Landlocked_country

http://en.wikipedia.org/wiki/Communist_State



[ edit ] Pro-ratifcation arguments• The environment: ceans cover over 7+ 'ercent of the 3arth% &n the US there are laws to

$ee' marine resources available for future generations% UNCS sets a legally binding

international standard which aims to 'rotect the marine wildlife and environment%

•

National security: The US military which relies heavily on its ability to freely navigateon and fly over the sea has been a strong advocate of UNCS% &n the absence of treaty

law the US relies on customary law that can change as states? 'ractices change% Also

under this customary law the Pentagon claims that countries often ma$e unreasonable

and irres'onsible claims on marine territory that frustrates US military action% The UShas tried to wor$ around these claims but without a legal framewor$ to su''ort them the

Pentagon believes it ris$s com'romising its intelligence and military o'erations at sea%

• International diplomacy and peaceful dispute resolution: The onvention offers a

'eaceful way to resolve territorial and natural resource dis'utes through the &SA or the

&nternational Tribunal for the Caw of the Sea based on agreements which signatory

'arties have already committed to% &n contrast without ratification the US has no 'eaceful recourse if another non(signatory 'arty decides to close its straits to navigation%

• It helps American usinesses: 3ach country has e/clusive rights to manage the resources

in areas near its coast% Under the terms of UNCS which ma's out the boundaries of

these areas the American one is larger than that of any other country in the world% The

sie of this one is "%"6 million s>uare miles H bigger than the lower ., states combined%&n addition under UNCS coastal states can e/ercise sovereign rights over natural

resources within the e/tended continental shelf area beyond this territory% &t would also

give US com'anies an o''ortunity to a''ly for licenses with the &SA which managesclaims to resources in the dee' seabed an area over which no country has sovereign

rights%

http://en.wikipedia.org/w/index.php?title=United_Nations_Convention_on_the_Law_of_the_Sea&action=edit&section=11

http://en.wikipedia.org/wiki/International_Tribunal_for_the_Law_of_the_Sea

http://en.wikipedia.org/w/index.php?title=United_Nations_Convention_on_the_Law_of_the_Sea&action=edit&section=11

http://en.wikipedia.org/wiki/International_Tribunal_for_the_Law_of_the_Sea



@&!P 3A0A

SINCE M+RCH %88;, #siaEs newest growth region has continuously impacted economically andsocially on the lives of its people Several are aware of its potentials, but many others have yet tograsp the concept of the B2*='#3#

)he B2*='#3# Cor simply '#3#D stands for the Brunei arussalam ndonesia 2alaysia the *hilippines= 'ast #S'#N 3rowth #rea t is #siaEs largest regional grouping, spanning territories of four #S'#Ncountries Some point out that it may also be the fastest growing, in light of its achievements in onlyfour years

'#3# comprises the entire sultanate ofBrunei arussalamA 10 provinces in thendonesian islands of 9alimantan,Sulawesi, 2alu<u, and rian ayaA Sabah,Sarawa<, and /abuan in 2alaysiaA and2indanao and *alawan in the *hilippinests land area of roughly 1G millions@uare <ilometres is home to about G"million people C1::"D

n todayEs era of economic cooperationand globalisation, '#3# is consistent witheconomic policies and specificagreements between members of #S'#N

in the implementation of its &ree )rade #rea C#&)#D, and economists advise that '#3# could even bethe testing ground for #&)#Es $'*) )he functionality of this growth area li<ewise falls s@uarely withinthe framewor<s of #*'$ and the much larger )%

hile the foregoing scenario is perceivably of political nature, it must be emphasised that '#3# is nota government program, but rather a oint public=private sector mechanism for bringing investment andtrade opportunities to the business community, through initiatives of the four member governments

'#3#Es history began with a discussion among #S'#N Heads of State in Brunei arussalam in %ctober1::F )he endorsements and confirmations of then ndonesian *resident Suharto CSeptember 1::!D,Sultan Hai Hassanal Bol<iah of Brunei arussalam CNovember 1::!D, and 2alaysian *rime 2inister2ahathir 2ohammad C&ebruary 1::GD paved the way for the B2*='#3# naugural Senior %fficialsEand 2inistersE 2eeting CS%22D in avao $ity, *hilippines in 2arch 1::G

Implementin! Mechanisms

t was during that meeting that '#3#Es goal was agreed upon. to increase trade, tourism, andinvestments in the region through the following obectives.

&irst, to facilitate free movement of people, goods, and services Second, share common infrastructure



and natural resourcesA and third, pursue economic complementation

n implementing the '#3#, the private sector, through its participation in the or<ing 3roups andaffiliation with the 'ast #S'#N Business $ouncil C'#B$D, provide valuable insights to pave the way forstrategic policy recommendations )hese recommendations are then ta<en up by the or<ing 3roups,

or elevated to the Senior %fficialsE and 2inistersE 2eeting CS%22D for action #lternatively, thebusiness community also has the option to air its concerns to the '#B$, who subse@uently relaysthese collectively to S%22 by way of the $ouncilEs participation as a distinct delegation during theseoccasions

'#3# or<ing 3roups are composed of both public and private sector participants who ta<e uprelevant issues and launch proects benefiting their sectors and '#3# as a whole &ive such sectorshave been identified as fast=trac< areas, where bold initiatives are continually advocated for in order tospur development in other supportive sectors )hese fast trac< areas are #ir /in<ages, Sea /in<ages,)ourism, &isheries, and $onstruction *rogress of the or<ing 3roups is monitored by a designated;lead country,; selected on the basis of their recognised e?pertise over others in this particular sector

*erhaps what contribute to '#3#Es uni@ueness are two basic characteristics. first, the 2inistersresponsible for '#3# agreed that it is to be mar<et=driven, where the private sector plays a crucialrole in its development Second, '#3# is to adhere to a decentralised organisational structure, where@uadrilateral consensus is not re@uired )his means that a specific proect between two membercountries may be called an '#3# proect, and may push through as agreed, even though the othertwo member countries are not involved in the endeavour

Re7establishin! +ncient Trae Lins

nteraction and trade among indigenous 2alays and &ilipinos in the regionwas flourishing even before the colonial era, and it was the birth ofnations and the subse@uent establishment of national boundaries ustslightly over a century ago that disrupted these lin<ages n a sensetherefore, the '#3# is more about re=establishing trade and cultural tiesamong its peoples

)he '#3# has vast resources available for trade, investments, andtourism Brunei has a supply of oil and gas estimated to last at leastanother F0 years n 1::, Brunei e?ported B !!88 B C+S F118 BD incrude oil and gas, a large percentage of which to the mar<ets of apanand South 9orea

ndonesia is rich oil and gas, agricultural and forestry products andconstruction materials n the year 1::G, ndonesia e?ported +S 07F Bin crude petroleum, G1FG B in plywood, and !"8: B in gas naddition, mining is also among ndonesiaEs strengths, mar<ed by the

presence of this industry in all ndonesia='#3# component areas

n the period anuary to %ctober 1::8, 2alaysiaEs Sabah state sold (2 G0"7 B C+S 1070 BD in palmoil products n the same period, it also e?ported (2 1" B CGF1 mD in crude petroleum and (2 10":

B CF81 mD in plywood %n the other hand, Sarawa< shipped (2 "1 B C1G78 BD in li@uefiednatural gas, (2 !0F B C80! mD in crude petroleum, (2 F1! B C"F mD in wood products, and(2 1!8! B C!"G mD in sawn logs

n the *hilippines, estern 2indanao registered 1::7 e?port values of +S !:m in marine andagricultural products, and Northern 2indanao posted a 1""18m in canned pineapple products)e?tile manufacturing is also among the islandEs top e?ports of late

E+G+.s +chie"ements

E+G+.s Resources

#runei %il and gas

Inonesia %il and gas)imber*lantation crops$onst materials2arine products2inerals

/ivestoc<&ertili>er

Mala:sia %il and gas%il palm'lectronics)imber I paper*lantation crops

Philippines &resh fruit&ish, marine prod*lantation crops$onst materials)e?tiles

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+ntil the crisis hit in mid=1::7, air lin<s in '#3# e?panded to 11, from onlyfive before the '#3# initiative )he avao = 9ota 9inabalu route inparticular registered an incoming and outgoing passenger load increase of !: and 171 percent respectively, while the avao = 2anado lin< grew1:FF and FG percent, incoming and outgoing passenger load respectively)wo more routes connecting Brunei and *alawan, and 9ota 9inabalu and

2anado have been proposed and are currently being studied by relevantairline companies for their feasibility #n 2%+ between (B# and a newairline, 2indanao '?press C$orporate #irD, to realise the *alawan=Brunei lin<is already in effect, agreed upon during the State -isit of H' *resident 'strada of the *hilippines toBrunei '#3# has also seen the birth of another airline in Sarawa<=based S#'#3# #ir, but wasunfortunately driven to closure by the #sian financial crisis

/eading to the first @uarter of 1::7, (oyal Brunei #irlines, the national carrier of the sultanate, hasli<ewise registered an average of F! percent growth in outgoing cargo bound for '#3# destinations

'#3#Es sea transport industry also has mar<ed developments )he latest addition to '#3# vesselsplying the fast=growing 6amboanga = Sanda<an sea lin< is a 2alaysian=registered fast ferry # smalleconomic boom between these two cities has grown notable, where with increased shipping hadgenerated more opportunities )he volume of 2indanao=bound cargo along this route has shown an

average @uarterly growth rate of more than 1"0L

/in<s between ndonesia and the *hilippines have led to the increasedmovement of people between ndonesia and the *hilippines )he2indanao 'conomic evelopment $ouncil C2'$oD, *hilippine Secretariatfor '#3#, reports a F!"8 and 780 percent increase in 2I-)ilong<abilaEs incoming and outgoing passengers for the first @uarter of1::8 2oreover, another ndonesian vessel, 2I- 'llyana has begun to sailthis route #lready, it has serviced 1,!01 passengers in the first @uarter of

1::8, and posted an average "18 percent *hilippine=bound occupancy rate

)here is li<ewise a lin< from $otabato to /abuan, which serves as a transit point for *hilippine goodsbound for Brunei )raditional craft also continue to sail the 6amboanga = /abuan and 6amboanga =2anado routes

+niform port dues of +S 00GI3() and doc<age fees of 00FI3()Iday for Bruneian, ndonesian,and *hilippine '#3#=plying vessels are already being levied in selected ports around these countries

n addition, the B2*='#3# Shipping #ssociation was formed during the 7th Sea /in<s or<ing 3roups2eeting in avao in uly 1::: t was incorporated to identify opportunities for the shipping sector, aswell as advocate necessary policy amendments for the development of the industry in '#3#

n construction and infrastructure, the $onstruction or<ing 3roup has endorsed the *an='#3# 2ulti=2odal transport Networ< System, an ambitious plan to integrate <ey cities of the growth area )hisproect calls for the construction andIor upgrade of roads, the erection of border=crossing stations, andthe continued improvement of shipping services in the component areas of '#3#

n tourism, 2alaysiaEs '<ran Berhad has built and opened in 2arch 1::8 a +S !00m resort in Samalsland in avao t is by far the largest cross=border investment of one '#3# constituent to aneighbouring area, and forms part of the Samal sland )ourism 'states *rogram of the*hilippine epartment of )ourism )he Samal sland $asino (esort is accessible by aG=minute boat ride from Sta #na wharf in avao $ity Brunei has also reportedlymade substantial investments in the tourism sector in 2indanao, bringing total '#3#investments in the area to over 00m

ncidentally, the *hilippine tourism industry is said to have most benefited from the'#3# initiative in terms of tourist arrivals /argely because of the increase in



investments in this sector, tourist arrivals in $entral and Southern 2indanao have continuede?periencing a general increase, totalling slightly less than a million arrivals in the period covering1::" to 5F 1::7

%n the other hand, ecotourism has large potentials in the Borneo sland area of '#3#, particularly

Brunei and Sarawa<, 2alaysia )he (2 1Fm C+S !1"mD, 10,7!"=hectare /oagan Bunut National *ar<in Sarawa< is the first in the State, and is e?pected to be competed in F001 ts features will include a8=<m access road, G0=person hostel, chalets, function rooms, water pumps, treatment plants,among others

3S2 communications has become a standard facility in more than 70 cities and towns around '#3#,bringing businessmen closer than ever before, and ma<ing cross=border business transactions the ne?tpractical step in commercial e?pansion

n financial services, it may be only a matter of time before '#3# can boast of a3rowth &und to umpstart important proects re@uiring large amounts of capital2alaysiaEs Suria $apital Holdings, /and Ban< of the *hilippines, and evelopmentBan< of the *hilippines have signed an 2%+ to establish what the '#3# 3rowth &und, a +S 10m, closed=end, F0=year e@uity fund that will participate in viable proectsto catalyse development in the region

n ta<ing these progressive measures, the environment was certainly not left outoint efforts of 2alaysia and the *hilippines have led to the acclamation of the )urtle

slands *reservation *rogram = an endeavour that has garnered the *aul 3etty #ward forenvironmental protection and wildlife preservation

E+G+ Concept Feasible

*erhaps the strongest statement of '#3#Es viabilitycomes from the #sian evelopment Ban<, afterconcluding its nvestigative (eport on the region

)he #B has formulated a development strategy to

accelerate private sector=led economic development,improve e?port competitiveness, and enhance theattractiveness of '#3# to local and foreign investmentn attaining sustainable development, this strategy isbased on economic complementaritiesA shared naturalresources, information, O technologyA the specialisationand regionalisation of production 'ventually, #Benvisages that '#3# becomes a significant part of #S'#NEs wholistic development

-iable proects in agriculture, fisheries, and forestryinclude oil palm plantations in the 9alimantan provincesin ndonesia as well as seaweed cultivation in estern2indanao Brunei, <nown for its strict halal

implementation, may underta<e halal meat productionand marine fishing 2alaysia li<ewise stands to benefit inrubber plantations alongside their oil palm industry

)he development of an '#3# nformation Networ< hascommenced, with the or<ing 3roup on)elecommunications in charge # prototype has beentested, using four nternet servers around '#3# )he Networ< will be launched as soon as the nitty=gritty data re@uirements have been filled

The E+G+ -e"elopment Strate!:

I$ mprove the general environment foreconomic cooperation and development byempowering the private sector through the

provision of.

#acilitative (olicy framewor4 = the

coordination and harmonisation of publicpolicy to establish a conducive andunified investment climate

$de%uate (hysical infrastructure = lin<ing

the businesses of the subregions andimproving access to regional and globalmar<ets

ffective commercial infrastructure =

finance, information and s<ills toestablish entrepreneurial capacity andcapability

II$ irectly encourage the realisation of cross=border trading and investment opportuntiesthrough s(ecific (roductive sector (olicy,

(rogram, and (roject measures that directlyencourage increased investment in the productivesectors Cagriculture, fisheries, forestry, tourism,industrial developmentD==========(oman numerals and enclosed te?t insertedSource. #B Study on '#3#, -olume 1 *art 1

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%pportunities are aplenty in '#3#Es tourism industry as well )ourist hotels and resorts and bus andchartered aircraft companies are only a handful of what can be realised

%pportunities also bec<on in construction, telecommunications, pharmaceuticals, oleochemicals,biotechnology, electronics, and te?tiles 2any proects of these general bac<grounds are in their 2%+

stages, and still others have already ta<en off )han<s to a generally pro=active private sector, '#3#development hasnEt totally stalled despite the turmoil brought by the 1::7=1::8 #sian financial crisis

)he '#3# cooperation has impacted on the citi>enry in myriad ways n Brunei, continuing '#3#activities have raised consciousness of doing business with Sabah and Sarawa<, evidenced in part bythe increase in in@uiries of this matter n a separate but related effort, relevant authorities in Bruneiare negotiating with their counterparts in 2alaysia to establish car and passenger ferry servicesbetween 2uara and 2enumbo< in Sabah )here is also a proposal to establish direct shipping servicesbetween Brunei and 2indanao in the *hilippines

)he direct air connection between avao and 2anado has contributed to increased ndonesian tradewith 2indanao '#3# has also led to investments in timber ventures in 9alimantan, as well as a five=year proect to develop a 1F,000=hectare oil plantation in Sanggau, also in this province

n 2alaysia, the Sabah B2*='#3# $ouncil was formed to cater specifically to the growing interest of2alaysian businessmen in the growth region Sabah is also the recipient of another development in thetelecommunications industry nternational $ommunications and 'lectronics C$'D, an #ustralianNorthern )erritory company, has entered into a multi=million dollar oint venture with 2alaysianpartners to construct a (21G0 million Sabah ucting System CSSD, aimed to provide internal ande?ternal lin<s throughout Sabah

)he economic boom around the estern 2indanao and Northeastern Sabah niche has brought aboutsome improvement to local traders ndonesia has also provided crucial assistance to the *hilippinesEinitiatives for peace in its south

)o sum up, the '#3# is an initiative of four #S'#N governments to pave the way for increasedeconomic and social activity between neighbours by re=establishing ancient lin<s )he opportunitiesthat emerge as a result of this pro=activeness are intended to energise the private sector into

e?panding business activities for them to be the primary engine of '#3#Es growth '#3# is consistentwith todayEs global associations, and with continued synergy and cooperation among its leaders andpeople, '#3# may soon play an integral part in #S'#NEs overall development '#3#Es achievements inthe last four years manifest that it has made one small leap in this direction [ Authored by EABC. Allrights reserved. Disclaimer of responsibility and liability applies. ]

The E+G+ Senior Officials/ast Senior %fficialsE 2eeting C8th S%2D. FG=F &ebruary 1:::, Bandar Seri Begawan, Brunei arussalam

Brunei arussalam -ato Paua Hai -anial bin Hai Hanafiah

*ermanent Secretary2inistry of ndustry O *rimary (esourcesBandar Seri Begawan, Brunei arussalam

ndonesia Prof$ -r$ Eri:atno

'?pert for nstitutional evelopment

&inance and ndustry I nternational (elationsa<arta, ndonesia

2alaysia Raa <aharaton Raa <ainal +biin

eputy irector 3eneral'conomic *lanning +nit C2acroD*rime 2inisterEs epartment9uala /umpur, 2alaysia

*hilippines Sebastian L$ +n!lion!to$hairman2indanao 'conomic evelopment $ouncil C2'$oD

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avao $ity, *hilippines

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ra 8550 (philippine fisheries code of 1998)

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